[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[Senate]
[Pages 20843-20860]
[From the U.S. Government Publishing Office, www.gpo.gov]



                     VETERANS BENEFITS ACT OF 1999

  Mr. BROWNBACK. I ask that the Senate proceed to the consideration of 
Calendar No. 230, S. 1076.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1076) to amend title 38, United States Code, to 
     provide a cost-of-living adjustment in rates of compensation 
     paid to veterans with service-connected disabilities, to 
     enhance programs providing health care, education, and other 
     benefits for veterans, to authorize major medical facility 
     projects, to reform eligibility for burial in Arlington 
     National Cemetery, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and inserting in 
lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

                         TITLE I--MEDICAL CARE

                       Subtitle A--Long-Term Care

Sec. 101. Adult day health care.
Sec. 102. In-home respite care services.

       Subtitle B--Management of Medical Facilities and Property

Sec. 111. Enhanced-use lease authority.
Sec. 112. Designation of hospital bed replacement building at 
              Department of Veterans Affairs medical center in Reno, 
              Nevada, after Jack Streeter.

                     Subtitle C--Homeless Veterans

Sec. 121. Extension of program of housing assistance for homeless 
              veterans.
Sec. 122. Homeless veterans comprehensive service programs.
Sec. 123. Authorizations of appropriations for homeless veterans' 
              reintegration projects.
Sec. 124. Report on implementation of General Accounting Office 
              recommendations regarding performance measures.

                Subtitle D--Other Health Care Provisions

Sec. 131. Emergency health care in non-Department of Veterans Affairs 
              facilities for enrolled veterans.
Sec. 132. Improvement of specialized mental health services for 
              veterans.
Sec. 133. Treatment and services for drug or alcohol dependency.
Sec. 134. Allocation to Department of Veterans Affairs health care 
              facilities of amounts in Medical Care Collections Fund.
Sec. 135. Extension of certain Persian Gulf War authorities.
Sec. 136. Report on coordination of procurement of pharmaceuticals and 
              medical supplies by the Department of Veterans Affairs 
              and the Department of Defense.
Sec. 137. Reimbursement of medical expenses of veterans located in 
              Alaska.
Sec. 138. Repeal of four-year limitation on terms of Under Secretary 
              for Health and Under Secretary for Benefits.

 Subtitle E--Major Medical Facility Projects Construction Authorization

Sec. 141. Authorization of major medical facility projects.

                       TITLE II--BENEFITS MATTERS

Sec. 201. Payment rate of certain burial benefits for certain Filipino 
              veterans.
Sec. 202. Extension of authority to maintain a regional office in the 
              Republic of the Philippines.
Sec. 203. Extension of Advisory Committee on Minority Veterans.
Sec. 204. Dependency and indemnity compensation for surviving spouses 
              of former prisoners of war.
Sec. 205. Repeal of limitation on payments of benefits to incompetent 
              institutionalized veterans.
Sec. 206. Clarification of veterans employment opportunities.

                      TITLE III--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

Sec. 301. Short title.
Sec. 302. Persons eligible for burial in Arlington National Cemetery.
Sec. 303. Persons eligible for placement in the columbarium in 
              Arlington National Cemetery.

                   Subtitle B--World War II Memorial

Sec. 311. Short title.
Sec. 312. Fund raising by American Battle Monuments Commission for 
              World War II Memorial.
Sec. 313. General authority of American Battle Monuments Commission to 
              solicit and receive contributions.
Sec. 314. Intellectual property and related items.

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

Sec. 401. Temporary service of certain judges of United States Court of 
              Appeals for Veterans Claims upon expiration of their 
              terms or retirement.
Sec. 402. Modified terms for certain judges of United States Court of 
              Appeals for Veterans Claims.
Sec. 403. Temporary authority for voluntary separation incentives for 
              certain judges on United States Court of Appeals for 
              Veterans Claims.
Sec. 404. Definition.

     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.

[[Page 20844]]



                         TITLE I--MEDICAL CARE

                       Subtitle A--Long-Term Care

     SEC. 101. 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. 102. 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. 111. ENHANCED-USE LEASE AUTHORITY.

       (a) Maximum Term of Leases.--Section 8162(b)(2) is amended 
     by striking ``may not exceed--'' and all that follows through 
     the end and inserting ``may not exceed 55 years.''.
       (b) Availability of Funds for Certain Activities Relating 
     to Leases.--Section 8162(b)(4) is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in subparagraph (A), as so designated--
       (A) in the first sentence, by striking ``only''; and
       (B) by striking the second sentence; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Any payment by the Secretary in contribution to 
     capital activities on property that has been leased under 
     this subchapter may be made from amounts appropriated to the 
     Department for construction, minor projects.''.
       (c) Extension of Authority.--Section 8169 is amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2011''.
       (d) Training and Outreach Regarding Authority.--The 
     Secretary of Veterans Affairs shall take appropriate actions 
     to provide training and outreach to personnel at Department 
     of Veterans Affairs medical centers regarding the enhanced-
     use lease authority under subchapter V of chapter 81 of title 
     38, United States Code. The training and outreach shall 
     address methods of approaching potential lessees in the 
     medical or commercial sectors regarding the possibility of 
     entering into leases under that authority and other 
     appropriate matters.
       (e) Independent Analysis of Opportunities for Use of 
     Authority.--(1) The Secretary shall take appropriate actions 
     to secure from an appropriate entity independent of the 
     Department of Veterans Affairs an analysis of opportunities 
     for the use of the enhanced-use lease authority under 
     subchapter V of chapter 81 of title 38, United States Code.
       (2) The analysis under paragraph (1) shall include--
       (A) a survey of the facilities of the Department for 
     purposes of identifying Department property that presents an 
     opportunity for lease under the enhanced-use lease authority;
       (B) an assessment of the feasibility of entering into 
     enhanced-use leases under that authority in the case of any 
     property identified under subparagraph (A) as presenting an 
     opportunity for such lease; and
       (C) an assessment of the resources required at the 
     Department facilities concerned, and at the Department 
     Central Office, in order to facilitate the entering into of 
     enhanced-used leases in the case of property so identified.
       (3) If as a result of the survey under paragraph (2)(A) the 
     entity determines that a particular Department property 
     presents no opportunities for lease under the enhanced-use 
     lease authority, the analysis shall include the entity's 
     explanation of that determination.
       (4) If as a result of the survey the entity determines that 
     certain Department property presents an opportunity for lease 
     under the enhanced-use lease authority, the analysis shall 
     include a single integrated business plan, developed by the 
     entity, that addresses the strategy and resources necessary 
     to implement the plan for all property determined to present 
     an opportunity for such lease.
       (f) Authority for Enhanced-Use Lease of Property Under 
     Business Plan.--(1) The Secretary may enter into an enhanced-
     use lease of any property identified as presenting an 
     opportunity for such lease under the analysis under 
     subsection (e) if such lease is consistent with the business 
     plan under paragraph (4) of that subsection.
       (2) The provisions of subchapter V of chapter 81 of title 
     38, United States Code, shall apply with respect to any lease 
     under paragraph (1).

     SEC. 112. DESIGNATION OF HOSPITAL BED REPLACEMENT BUILDING AT 
                   DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER 
                   IN RENO, NEVADA, AFTER JACK STREETER.

       The hospital bed replacement building under construction at 
     the Ioannis A. Lougaris Department of Veterans Affairs 
     Medical Center in Reno, Nevada, is hereby designated as the 
     ``Jack Streeter Building''. Any reference to that building in 
     any law, regulation, map, document, record, or other paper of 
     the United States shall be considered to be a reference to 
     the Jack Streeter Building.

                     Subtitle C--Homeless Veterans

     SEC. 121. 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. 122. HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS.

       (a) Purposes of Grants.--Paragraph (1) of 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) Extension of Authority to Make Grants.--Paragraph (2) 
     of that section is amended by striking ``September 30, 1999'' 
     and inserting ``September 30, 2001''.
       (c) 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. 123. 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. 124. 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. 131. EMERGENCY HEALTH CARE IN NON-DEPARTMENT OF VETERANS 
                   AFFAIRS FACILITIES FOR ENROLLED VETERANS.

       (a) Definitions.--Section 1701 is amended--
       (1) in paragraph (6)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) emergency care, or reimbursement for such care, as 
     described in sections 1703(a)(3) and 1728(a)(2)(E) of this 
     title.''; and
       (2) by adding at the end the following new paragraph:
       ``(10) The term `emergency medical condition' means a 
     medical condition manifesting itself by acute symptoms of 
     sufficient severity (including severe pain) such that a 
     prudent layperson, who possesses an average knowledge of 
     health and medicine, could reasonably expect the absence of 
     immediate medical attention to result in--
       ``(A) placing the health of the individual (or, with 
     respect to a pregnant woman, the health of the woman or her 
     unborn child) in serious jeopardy;
       ``(B) serious impairment to bodily functions; or
       ``(C) serious dysfunction of any bodily organ or part.''.
       (b) Contract Care.--Section 1703(a)(3) is amended by 
     striking ``medical emergencies'' and all that follows through 
     ``health of a veteran'' and inserting ``an emergency medical 
     condition of a veteran who is enrolled under section 1705 of 
     this title or who is''.
       (c) Reimbursement of Expenses for Emergency Care.--Section 
     1728(a)(2) is amended--
       (1) by striking ``or'' before ``(D)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, or (E) for any emergency medical condition of 
     a veteran enrolled under section 1705 of this title''.
       (d) Payment Priority.--Section 1705 is amended by adding at 
     the end the following new subsection:
       ``(d) The Secretary shall require in a contract under 
     section 1703(a)(3) of this title, and as a condition of 
     payment under section 1728(a)(2) of this title, that payment 
     by the Secretary for treatment under such contract, or under 
     such section, of a veteran enrolled under this section shall 
     be made only after any payment that may be made with respect 
     to such treatment under part A or part B of the Medicare 
     program and after any payment that may be made with respect 
     to such treatment by a third-party insurance provider.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to care or services provided on or 
     after the date of the enactment of this Act.

     SEC. 132. IMPROVEMENT OF SPECIALIZED MENTAL HEALTH SERVICES 
                   FOR VETERANS.

       (a) In General.--(1) Subchapter II of chapter 17 is amended 
     by inserting after section 1712B the following new section:

     ``Sec. 1712C. Specialized mental health services

       ``(a) The Secretary shall carry out programs for purposes 
     of enhancing the provision of specialized mental health 
     services to veterans.
       ``(b) The programs carried out by the Secretary under 
     subsection (a) shall include the following:
       ``(1) Programs relating to the treatment of Post Traumatic 
     Stress Disorder (PTSD), including programs for--
       ``(A) the establishment and operation of additional 
     outpatient and residential treatment facilities for Post 
     Traumatic Stress Disorder in

[[Page 20845]]

     areas that are underserved by existing programs relating to 
     Post Traumatic Stress Disorder, as determined by qualified 
     mental health personnel of the Department who oversee such 
     programs;
       ``(B) the provision of services in response to the specific 
     needs of veterans with Post Traumatic Stress Disorder and 
     related disorders, including short-term or long-term care 
     services that combine residential treatment of Post Traumatic 
     Stress Disorder;
       ``(C) the provision of Post Traumatic Stress Disorder or 
     dedicated case management services on an outpatient basis; 
     and
       ``(D) the enhancement of staffing of existing programs 
     relating to Post Traumatic Stress Disorder which have 
     exceeded the projected workloads for such programs.
       ``(2) Programs relating to substance use disorders, 
     including programs for--
       ``(A) the establishment and operation of additional 
     Department-based or community-based residential treatment 
     facilities;
       ``(B) the expansion of the provision of opioid treatment 
     services, including the establishment and operation of 
     additional programs for the provision of opioid treatment 
     services; and
       ``(C) the reestablishment or enhancement of substance use 
     disorder services at facilities at which such services have 
     been eliminated or curtailed, with an emphasis on the 
     reestablishment or enhancement of services at facilities 
     where demand for such services is high or which serve large 
     geographic areas.
       ``(c)(1) The Secretary shall provide for the allocation of 
     funds for the programs carried out under this section in a 
     centralized manner.
       ``(2) The allocation of funds for such programs shall--
       ``(A) be based upon an assessment of the need for funds 
     conducted by qualified mental health personnel of the 
     Department who oversee such programs; and
       ``(B) emphasize, to the maximum extent practicable, the 
     availability of funds for the programs described in 
     paragraphs (1) and (2) of subsection (b).''.
       (2) The table of sections at the beginning of chapter 17 is 
     amended by inserting after the item relating to section 1712B 
     the following new item:

``1712C. Specialized mental health services.''.
       (b) Report.--(1) Not later than March 1 of each of 2000, 
     2001, and 2002, the Secretary of Veterans Affairs shall 
     submit to Congress a report on the programs carried out by 
     the Secretary under section 1712C of title 38, United States 
     Code (as added by subsection (a)).
       (2) The report shall, for the period beginning on the date 
     of the enactment of this Act and ending on the date of the 
     report--
       (A) describe the programs carried out under such section 
     1712C;
       (B) set forth the number of veterans provided services 
     under such programs; and
       (C) set forth the amounts expended for purposes of carrying 
     out such programs.

     SEC. 133. 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. 134. ALLOCATION TO DEPARTMENT OF VETERANS AFFAIRS HEALTH 
                   CARE FACILITIES OF AMOUNTS IN MEDICAL CARE 
                   COLLECTIONS FUND.

       Section 1729A(d) is amended--
       (1) by striking ``(1)'';
       (2) by striking ``each designated health care region'' and 
     inserting ``each Department health care facility'';
       (3) by striking ``each region'' and inserting ``each 
     facility'';
       (4) by striking ``such region'' both places it appears and 
     inserting ``such facility''; and
       (4) by striking paragraph (2).

     SEC. 135. 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. 136. REPORT ON COORDINATION OF PROCUREMENT OF 
                   PHARMACEUTICALS AND MEDICAL SUPPLIES BY THE 
                   DEPARTMENT OF VETERANS AFFAIRS AND THE 
                   DEPARTMENT OF DEFENSE.

       (a) Requirement.--Not later than March 31, 2000, the 
     Secretary of Veterans Affairs and the Secretary of Defense 
     shall jointly submit to the Committees on Veterans' Affairs 
     and Armed Services of the Senate and the Committees on 
     Veterans' Affairs and Armed Services of the House of 
     Representatives a report on the cooperation between the 
     Department of Veterans Affairs and the Department of Defense 
     in the procurement of pharmaceuticals and medical supplies.
       (b) Report Elements.--The report under subsection (a) shall 
     include the following:
       (1) A description of the current cooperation between the 
     Department of Veterans Affairs and the Department of Defense 
     in the procurement of pharmaceuticals and medical supplies.
       (2) An assessment of the means by which cooperation between 
     the departments in such procurement could be enhanced or 
     improved.
       (3) A description of any existing memoranda of agreement 
     between the Department of Veterans Affairs and the Department 
     of Defense that provide for the cooperation referred to in 
     subsection (a).
       (4) A description of the effects, if any, such agreements 
     will have on current staffing levels at the Defense Supply 
     Center in Philadelphia, Pennsylvania, and the Department of 
     Veterans Affairs National Acquisition Center in Hines, 
     Illinois.
       (5) A description of the effects, if any, of such 
     cooperation on military readiness.
       (6) A comprehensive assessment of cost savings realized and 
     projected over the five fiscal year period beginning in 
     fiscal year 1999 for the Department of Veterans Affairs and 
     the Department of Defense as a result of such cooperation, 
     and the overall savings to the Treasury of the United States 
     as a result of such cooperation.
       (7) A list of the types of medical supplies and 
     pharmaceuticals for which cooperative agreements would not be 
     appropriate and the reason or reasons therefor.
       (8) An assessment of the extent to which cooperative 
     agreements could be expanded to include medical equipment, 
     major systems, and durable goods used in the delivery of 
     health care by the Department of Veterans Affairs and the 
     Department of Defense.
       (9) A description of the effects such agreements might have 
     on distribution of items purchased cooperatively by the 
     Department of Veterans Affairs and the Department of Defense, 
     particularly outside the continental United States.
       (10) An assessment of the potential to establish common 
     pharmaceutical formularies between the Department of Veterans 
     Affairs and the Department of Defense.
       (11) An explanation of the current Uniform Product Number 
     (UPN) requirements of each Department and of any planned 
     standardization of such requirements between the Departments 
     for medical equipment and durable goods manufacturers.

     SEC. 137. REIMBURSEMENT OF MEDICAL EXPENSES OF VETERANS 
                   LOCATED IN ALASKA.

       (a) Preservation of Current Reimbursement Rates.--
     Notwithstanding any other provision of law, the Secretary of 
     Veterans Affairs shall, for purposes of reimbursing veterans 
     in Alaska for medical expenses under section 1728 of title 
     38, United States Code, during the one-year period beginning 
     on the date of the enactment of this Act, use the fee-for-
     service payment schedule in effect for such purposes on July 
     31, 1999, rather than the Participating Physician Fee 
     Schedule under the Medicare program.
       (b) Report.--(1) Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     and the Secretary of Health and Human Services shall jointly 
     submit to the Committees on Veterans' Affairs of the Senate 
     and the House of Representatives a report and recommendation 
     on the use of the Participating Physician Fee Schedule under 
     the Medicare program as a means of calculating reimbursement 
     rates for medical expenses of veterans located in Alaska 
     under section 1728 of title 38, United States Code.
       (2) The report shall--
       (A) assess the differences between health care costs in 
     Alaska and health care costs in the continental United 
     States;
       (B) describe any differences between the costs of providing 
     health care in Alaska and the reimbursement rates for the 
     provision of health care under the Participating Physician 
     Fee Schedule; and
       (C) assess the effects on health care for veterans in 
     Alaska of implementing the Participating Physician Fee 
     Schedule as a means of calculating reimbursement rates for 
     medical expenses of veterans located in Alaska under section 
     1728 of title 38, United States Code.

     SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON TERMS OF UNDER 
                   SECRETARY FOR HEALTH AND UNDER SECRETARY FOR 
                   BENEFITS.

       (a) Under Secretary for Health.--Section 305 is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (b) Under Secretary for Benefits.--Section 306 is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (c) Applicability.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of the enactment of 
     this Act and shall apply with respect to individuals 
     appointed as Under Secretary for Health and Under Secretary 
     for Benefits, respectively, on or after that date.

 Subtitle E--Major Medical Facility Projects Construction Authorization

     SEC. 141. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

       (a) In General.--The Secretary of Veterans Affairs may 
     carry out the following major medical facility projects, with 
     each project to be carried out in the amount specified for 
     that project:
       (1) Construction of a long term care facility at the 
     Department of Veterans Affairs Medical Center, Lebanon, 
     Pennsylvania, in an amount not to exceed $14,500,000.
       (2) Renovations and environmental improvements at the 
     Department of Veterans Affairs Medical Center, Fargo, North 
     Dakota, in an amount not to exceed $12,000,000.

[[Page 20846]]

       (3) Construction of a surgical suite and post-anesthesia 
     care unit at the Department of Veterans Affairs Medical 
     Center, Kansas City, Missouri, in an amount not to exceed 
     $13,000,000.
       (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 $213,100,000 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 II--BENEFITS MATTERS

     SEC. 201. 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) and who dies after the date of 
     the enactment of the Veterans Benefits Act of 1999 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 date of the enactment of this Act 
     by reason of the amendments made by subsection (a).

     SEC. 202. EXTENSION OF AUTHORITY TO MAINTAIN A REGIONAL 
                   OFFICE IN THE REPUBLIC OF THE PHILIPPINES.

       Section 315(b) is amended by striking ``December 31, 1999'' 
     and inserting ``December 31, 2004''.

     SEC. 203. EXTENSION OF ADVISORY COMMITTEE ON MINORITY 
                   VETERANS.

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

     SEC. 204. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING 
                   SPOUSES OF FORMER PRISONERS OF WAR.

       (a) Eligibility.--Section 1318(b) is amended--
       (1) by striking ``that either--'' in the matter preceding 
     paragraph (1) and inserting ``rated totally disabling if--''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(3) the veteran was a former prisoner of war who died 
     after September 30, 1999, and whose disability was 
     continuously rated totally disabling for a period of one year 
     immediately preceding death.''.
       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``the disability'' after ``(1)''; and
       (B) by striking ``or'' after ``death;''; and
       (2) in paragraph (2)--
       (A) by striking ``if so rated for a lesser period, was so 
     rated continuously'' and inserting ``the disability was 
     continuously rated totally disabling''; and
       (B) by striking the period at the end and inserting ``; 
     or''.

     SEC. 205. 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. 206. 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 III--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

     SEC. 301. SHORT TITLE.

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

     SEC. 302. 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) 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) 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) 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.
       ``(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 publish in the Federal Register a 
     notice of the authorization as soon as practicable after the 
     authorization.
       ``(B) Each notice 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)(A) Except as provided in subparagraph (B), the 
     spouse, surviving spouse, minor child, and, at the discretion 
     of the Superintendent,

[[Page 20847]]

     unmarried adult child of a person listed in subsection (a), 
     but only if buried in the same gravesite as that person.
       ``(B) In a case under subparagraph (A) in which the same 
     gravesite may not be used due to insufficient space, a person 
     otherwise eligible under that subparagraph may be interred in 
     a gravesite adjoining the gravesite of the person listed in 
     subsection (a) if space in such adjoining gravesite had been 
     reserved for the burial of such person otherwise eligible 
     under that subparagraph before January 1962.
       ``(2)(A) The spouse, minor child, and, at the discretion of 
     the Superintendent, unmarried adult child of a member of the 
     Armed Forces on active duty if such spouse, minor child, or 
     unmarried adult child dies while such member is on active 
     duty.
       ``(B) The individual whose spouse, minor child, and 
     unmarried adult child is eligible under subparagraph (A), but 
     only if buried in the same gravesite as the spouse, minor 
     child, or unmarried adult child.
       ``(3) The parents of a minor child or unmarried adult child 
     whose remains, based on the eligibility of a parent, are 
     already buried in Arlington National Cemetery, but only if 
     buried in the same gravesite as that minor child or unmarried 
     adult child.
       ``(4)(A) Subject to subparagraph (B), the surviving spouse, 
     minor child, and, at the discretion of the Superintendent, 
     unmarried adult child of a member of the Armed Forces who was 
     lost, buried at sea, or officially determined to be 
     permanently absent in a status of missing or missing in 
     action.
       ``(B) A person is not eligible under subparagraph (A) if a 
     memorial to honor the memory of the member is placed in a 
     cemetery in the national cemetery system, unless the memorial 
     is removed. A memorial removed under this subparagraph may be 
     placed, at the discretion of the Superintendent, in Arlington 
     National Cemetery.
       ``(5) The surviving spouse, minor child, and, at the 
     discretion of the Superintendent, unmarried adult child of a 
     member of the Armed Forces buried in a cemetery under the 
     jurisdiction of the American Battle Monuments Commission.
       ``(d) Spouses.--For purposes of subsection (c)(1), a 
     surviving spouse of a person whose remains are buried in 
     Arlington National Cemetery by reason of eligibility under 
     subsection (a) who has remarried is eligible for burial in 
     the same gravesite of that person. The spouse of the 
     surviving spouse is not eligible for burial in such 
     gravesite.
       ``(e) Disabled Adult Unmarried Children.--In the case of an 
     unmarried adult child who is incapable of self-support up to 
     the time of death because of a physical or mental condition, 
     the child may be buried under subsection (c) without 
     requirement for approval by the Superintendent under that 
     subsection if the burial is in the same gravesite as the 
     gravesite in which the parent, who is eligible for burial 
     under subsection (a), has been or will be buried.
       ``(f) Family Members of Persons Buried in a Group 
     Gravesite.--In the case of a person eligible for burial under 
     subsection (a) who is buried in Arlington National Cemetery 
     as part of a group burial, the surviving spouse, minor child, 
     or unmarried adult child of the member may not be buried in 
     the group gravesite.
       ``(g) Exclusive Authority for Burial in Arlington National 
     Cemetery.--Eligibility for burial of remains in Arlington 
     National Cemetery prescribed under this section is the 
     exclusive eligibility for such burial.
       ``(h) Application for Burial.--A request for burial of 
     remains of an individual in Arlington National Cemetery made 
     before the death of the individual may not be considered by 
     the Secretary of the Army, the Secretary of Defense, or any 
     other responsible official.
       ``(i) Register of Buried Individuals.--(1) The Secretary of 
     the Army shall maintain a register of each individual buried 
     in Arlington National Cemetery and shall make such register 
     available to the public.
       ``(2) With respect to each such individual buried on or 
     after January 1, 1998, the register shall include a brief 
     description of the basis of eligibility of the individual for 
     burial in Arlington National Cemetery.
       ``(j) Definitions.--For purposes of this section:
       ``(1) The term `retired member of the Armed Forces' means--
       ``(A) any member of the Armed Forces on a retired list who 
     served on active duty and who is entitled to retired pay;
       ``(B) any member of the Fleet Reserve or Fleet Marine Corps 
     Reserve who served on active duty and who is entitled to 
     retainer pay; and
       ``(C) any member of a reserve component of the Armed Forces 
     who has served on active duty and who has received notice 
     from the Secretary concerned under section 12731(d) of title 
     10 of eligibility for retired pay under chapter 1223 of title 
     10.
       ``(2) The term `former member of the Armed Forces' includes 
     a person whose service is considered active duty service 
     pursuant to a determination of the Secretary of Defense under 
     section 401 of Public Law 95-202 (38 U.S.C. 106 note).
       ``(3) The term `Superintendent' means the Superintendent of 
     Arlington National Cemetery.''.
       (2) The table of sections at the beginning of chapter 24 is 
     amended by adding at the end the following new item:

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

     SEC. 303. 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 302(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 
     302(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 the 
     enactment of this Act.

                   Subtitle B--World War II Memorial

     SEC. 311. SHORT TITLE.

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

     SEC. 312. 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

[[Page 20848]]

     and preservation amount provided for in section 8(b) of the 
     Commemorative Works Act (40 U.S.C. 1008(b));
       ``(2) such other expenses, other than routine maintenance, 
     with respect to the World War II memorial as the Commission 
     considers warranted; and
       ``(3) to secure, obtain, register, enforce, protect, and 
     license any mark, copyright or patent that is owned by, 
     assigned to, or licensed to the Commission under section 
     2103(l) of this title to aid or facilitate the construction 
     of the World War II memorial.
       ``(e) Special Borrowing Authority.--(1) To assure that 
     groundbreaking, construction, and dedication of the World War 
     II memorial are completed on a timely basis, the Commission 
     may borrow money from the Treasury of the United States in 
     such amounts as the Commission considers necessary, but not 
     to exceed a total of $65,000,000. Borrowed amounts shall bear 
     interest at a rate determined by the Secretary of the 
     Treasury, taking into consideration the average market yield 
     on outstanding marketable obligations of the United States of 
     comparable maturities during the month preceding the month in 
     which the obligations of the Commission are issued. The 
     interest payments on such obligations may be deferred with 
     the approval of the Secretary of the Treasury, but any 
     interest payment so deferred shall also bear interest.
       ``(2) The borrowing of money by the Commission under 
     paragraph (1) shall be subject to such maturities, terms, and 
     conditions as may be agreed upon by the Commission and the 
     Secretary of the Treasury, except that the maturities may not 
     exceed 20 years and such borrowings may be redeemable at the 
     option of the Commission before maturity.
       ``(3) The obligations of the Commission shall be issued in 
     amounts and at prices approved by the Secretary of the 
     Treasury. The authority of the Commission to issue 
     obligations under this subsection shall remain available 
     without fiscal year limitation. The Secretary of the Treasury 
     shall purchase any obligations of the Commission to be issued 
     under this subsection, and for such purpose the Secretary of 
     the Treasury may use as a public debt transaction of the 
     United States the proceeds from the sale of any securities 
     issued under chapter 31 of title 31. The purposes for which 
     securities may be issued under such chapter are extended to 
     include any purchase of the Commission's obligations under 
     this subsection.
       ``(4) Repayment of the interest and principal on any funds 
     borrowed by the Commission under paragraph (1) shall be made 
     from amounts in the memorial fund. The Commission may not use 
     for such purpose any funds appropriated for any other 
     activities of the Commission.
       ``(f) Treatment of Borrowing Authority.--In determining 
     whether the Commission has sufficient funds to complete 
     construction of the World War II memorial, as required by 
     section 8 of the Commemorative Works Act (40 U.S.C. 1008), 
     the Secretary of the Interior shall consider the funds that 
     the Commission may borrow from the Treasury under subsection 
     (e) as funds available to complete construction of the 
     memorial, whether or not the Commission has actually 
     exercised the authority to borrow such funds.
       ``(g) Voluntary Services.--(1) Notwithstanding section 1342 
     of title 31, the Commission may accept from any person 
     voluntary services to be provided in furtherance of the fund-
     raising activities of the Commission relating to the World 
     War II memorial.
       ``(2) A person providing voluntary services under this 
     subsection shall be considered to be a Federal employee for 
     purposes of chapter 81 of title 5, relating to compensation 
     for work-related injuries, and chapter 171 of title 28, 
     relating to tort claims. A volunteer who is not otherwise 
     employed by the Federal Government shall not be considered to 
     be a Federal employee for any other purpose by reason of the 
     provision of such voluntary service, except that any 
     volunteers given responsibility for the handling of funds or 
     the carrying out of a Federal function are subject to the 
     conflict of interest laws contained in chapter 11 of title 
     18, and the administrative standards of conduct contained in 
     part 2635 of title 5, Code of Federal Regulations.
       ``(3) The Commission may provide for reimbursement of 
     incidental expenses which are incurred by a person providing 
     voluntary services under this subsection. The Commission 
     shall determine which expenses are eligible for reimbursement 
     under this paragraph.
       ``(4) Nothing in this subsection shall be construed to 
     require Federal employees to work without compensation or to 
     allow the use of volunteer services to displace or replace 
     Federal employees.
       ``(h) Treatment of Certain Contracts.--A contract entered 
     into by the Commission for the design or construction of the 
     World War II memorial is not a funding agreement as that term 
     is defined in section 201 of title 35.
       ``(i) Extension of Authority To Establish Memorial.--
     Notwithstanding section 10 of the Commemorative Works Act (40 
     U.S.C. 1010), the legislative authorization for the 
     construction of the World War II memorial contained in Public 
     Law 103-32 (107 Stat. 90) shall not expire until December 31, 
     2005.''.
       (2) The table of sections at the beginning of chapter 21 of 
     title 36, United States Code, is amended by adding at the end 
     the following new item:

``2113. World War II memorial in the District of Columbia.''.
       (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 
     90) is amended by striking sections 3, 4, and 5.
       (c) Effect of Repeal of Current Memorial Fund.--Upon the 
     date of the enactment of this Act, the Secretary of the 
     Treasury shall transfer amounts in the fund created by 
     section 4(a) of Public Law 103-32 (107 Stat. 91) to the fund 
     created by section 2113 of title 36, United States Code, as 
     added by subsection (a).

     SEC. 313. 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. 314. 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 IV--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

     SEC. 401. TEMPORARY SERVICE OF CERTAIN JUDGES OF UNITED 
                   STATES COURT OF APPEALS FOR VETERANS CLAIMS 
                   UPON EXPIRATION OF THEIR TERMS OR RETIREMENT.

       (a) Authority for Temporary Service.--(1) Notwithstanding 
     subsection (c) of section 7253 of title 38, United States 
     Code, and subject to the provisions of this section, a judge 
     of the Court whose term on the Court expires in 2004 or 2005 
     and completes such term, or who retires from the Court under 
     section 7296(b)(1) of such title, may continue to serve on 
     the Court after the expiration of the judge's term or 
     retirement, as the case may be, without reappointment for 
     service on the Court under such section 7253.
       (2) A judge may continue to serve on the Court under 
     paragraph (1) only if the judge submits to the chief judge of 
     the Court written notice of an election to so serve 30 days 
     before the earlier of--
       (A) the expiration of the judge's term on the Court as 
     described in that paragraph; or
       (B) the date on which the judge meets the age and service 
     requirements for eligibility for retirement set forth in 
     section 7296(b)(1) of such title.
       (3) The total number of judges serving on the Court at any 
     one time, including the judges serving under this section, 
     may not exceed 7.
       (b) Period of Temporary Service.--(1) The service of a 
     judge on the Court under this section may continue until the 
     earlier of--
       (A) the date that is 30 days after the date on which the 
     chief judge of the Court submits to the President and 
     Congress a written certification based on the projected 
     caseload of the Court that the work of the Court can be 
     performed in a timely and efficient manner by judges of the 
     Court under this section who are senior on the Court to the 
     judge electing to continue to provide temporary service under 
     this section or without judges under this section; or
       (B) the date on which the person appointed to the position 
     on the Court occupied by the judge under this section is 
     qualified for the position.

[[Page 20849]]

       (2) Subsections (f) and (g) of section 7253 of title 38, 
     United States Code, shall apply with respect to the service 
     of a judge on the Court under this section.
       (c) Temporary Service in Other Positions.--(1) If on the 
     date that the person appointed to the position on the Court 
     occupied by a judge under this section is qualified another 
     position on the Court is vacant, the judge may serve in such 
     other position under this section.
       (2) If two or more judges seek to serve in a position on 
     the Court in accordance with paragraph (1), the judge senior 
     in service on the Court shall serve in the position under 
     that paragraph.
       (d) Compensation.--(1) Notwithstanding any other provision 
     of law, a person whose service as a judge of the Court 
     continues under this section shall be paid for the period of 
     service under this section an amount as follows:
       (A) In the case of a person eligible to receive retired pay 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or a retirement annuity under subchapter III of chapter 
     83 or subchapter II of chapter 84 of title 5, United States 
     Code, as applicable, an amount equal to one-half of the 
     amount of the current salary payable to a judge of the Court 
     under chapter 72 of title 38, United States Code, having a 
     status on the Court equivalent to the highest status on the 
     Court attained by the person.
       (B) In the case of a person not eligible to receive such 
     retired pay or such retirement annuity, an amount equal to 
     the amount of current salary payable to a judge of the Court 
     under such chapter 72 having a status on the Court equivalent 
     to the highest status on the Court attained by the person.
       (2) Amounts paid under this subsection to a person 
     described in paragraph (1)(A)--
       (A) shall not be treated as--
       (i) compensation for employment with the United States for 
     purposes of section 7296(e) of title 38, United States Code, 
     or any provision of title 5, United States Code, relating to 
     the receipt or forfeiture of retired pay or retirement 
     annuities by a person accepting compensation for employment 
     with the United States; or
       (ii) pay for purposes of deductions or contributions for or 
     on behalf of the person to retired pay under subchapter V of 
     chapter 72 of title 38, United States Code, or under chapter 
     83 or 84 of title 5, United States Code, as applicable; but
       (B) may, at the election of the person, be treated as pay 
     for purposes of deductions or contributions for or on behalf 
     of the person to a retirement or other annuity, or both, 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or under chapter 83 or 84 of title 5, United States 
     Code, as applicable.
       (3) Amounts paid under this subsection to a person 
     described in paragraph (1)(B) shall be treated as pay for 
     purposes of deductions or contributions for or on behalf of 
     the person to retired pay or a retirement or other annuity 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or under chapter 83 or 84 of title 5, United States 
     Code, as applicable.
       (4) Amounts paid under this subsection shall be derived 
     from amounts available for payment of salaries and benefits 
     of judges of the Court.
       (e) Creditable Service.--(1) The service as a judge of the 
     Court under this section of a person who makes an election 
     provided for under subsection (d)(2)(B) shall constitute 
     creditable service toward the judge's years of judicial 
     service for purposes of section 7297 of title 38, United 
     States Code, with such service creditable at a rate equal to 
     the rate at which such service would be creditable for such 
     purposes if served by a judge of the Court under chapter 72 
     of that title.
       (2) The service as a judge of the Court under this section 
     of a person paid salary under subsection (d)(1)(B) shall 
     constitute creditable service of the person toward retirement 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or subchapter III of chapter 83 or subchapter II of 
     chapter 84 of title 5, United States Code, as applicable.
       (f) Eligibility for Additional Service.--The service of a 
     person as a judge of the Court under this section shall not 
     affect the eligibility of the person for appointment to an 
     additional term or terms on the Court, whether in the 
     position occupied by the person under this section or in 
     another position on the Court.
       (g) Treatment of Party Membership.--For purposes of 
     determining compliance with the last sentence of section 
     7253(b) of title 38, United States Code, the party membership 
     of a judge serving on the Court under this section shall not 
     be taken into account.

     SEC. 402. MODIFIED TERMS FOR CERTAIN JUDGES OF UNITED STATES 
                   COURT OF APPEALS FOR VETERANS CLAIMS.

       (a) Modified Terms.--Notwithstanding section 7253(c) of 
     title 38, United States Code, the term of any judge of the 
     Court who is appointed to a position on the Court that 
     becomes vacant in 2004 shall be 13 years.
       (b) Eligibility for Retirement.--(1) For purposes of 
     determining the eligibility to retire under section 7296 of 
     title 38, United States Code, of a judge appointed as 
     described in subsection (a)--
       (A) the age and service requirements in the table in 
     paragraph (2) shall apply to the judge instead of the age and 
     service requirements in the table in subsection (b)(1) of 
     that section that would otherwise apply to the judge; and
       (B) the minimum years of service applied to the judge for 
     eligibility to retire under the first sentence of subsection 
     (b)(2) of that section shall be 13 years instead of 15 years.
       (2) The age and service requirements in this paragraph are 
     as follows:
And the years of service as a judge are at least
  65.............................................................13    
  66.............................................................13    
  67.............................................................13    
  68.............................................................12    
  69.............................................................11    
  70.............................................................10    

     SEC. 403. TEMPORARY AUTHORITY FOR VOLUNTARY SEPARATION 
                   INCENTIVES FOR CERTAIN JUDGES ON UNITED STATES 
                   COURT OF APPEALS FOR VETERANS CLAIMS.

       (a) Temporary Authority.--A voluntary separation incentive 
     payment may be paid in accordance with this section to any 
     judge of the Court described in subsection (c).
       (b) Amount of Incentive Payment.--The amount of a voluntary 
     separation incentive payment paid to a judge under this 
     section shall be $25,000.
       (c) Covered Judges.--A voluntary separation incentive 
     payment may be paid under this section to any judge of the 
     Court who--
       (1) meets the age and service requirements for retirement 
     set forth in section 7296(b)(1) of title 38, United States 
     Code, as of the date on which the judge retires from the 
     Court;
       (2) submits a notice of an intent to retire in accordance 
     with subsection (d); and
       (3) retires from the Court under that section not later 
     than 30 days after the date on which the judge meets such age 
     and service requirements.
       (d) Notice of Intent to Retire.--(1) A judge of the Court 
     seeking payment of a voluntary separation incentive payment 
     under this section shall submit to the President and Congress 
     a timely notice of an intent to retire from the Court, 
     together with a request for payment of the voluntary 
     separation incentive payment.
       (2) A notice shall be timely submitted under paragraph (1) 
     only if submitted--
       (A) not later than one year before the date of retirement 
     of the judge concerned from the Court; or
       (B) in the case of a judge whose retirement from the Court 
     will occur less than one year after the date of the enactment 
     of this Act, not later than 30 days after the date of the 
     enactment of this Act.
       (e) Date of Payment.--A voluntary separation incentive 
     payment may be paid to a judge of the Court under this 
     section only upon the retirement of the judge from the Court.
       (f) Treatment of Payment.--A voluntary separation incentive 
     payment paid to a judge under this section shall not be 
     treated as pay for purposes of contributions for or on behalf 
     of the judge to retired pay or a retirement or other annuity 
     under subchapter V of chapter 72 of title 38, United States 
     Code.
       (g) Eligibility for Temporary Service on Court.--A judge 
     seeking payment of a voluntary separation incentive payment 
     under this section may serve on the Court under section 401 
     if eligible for such service under that section.
       (h) Source of Payments.--Amounts for voluntary separation 
     incentive payments under this section shall be derived from 
     amounts available for payment of salaries and benefits of 
     judges of the Court.
       (i) Expiration of Authority.--A voluntary separation 
     incentive payment may not be paid under this section to a 
     judge who retires from the Court after December 31, 2002.

     SEC. 404. DEFINITION.

       In this title, the term ``Court'' means the United States 
     Court of Appeals for Veterans Claims.
       Amend the title so as to read: ``A bill To amend title 38, 
     United States Code, to enhance programs providing health care 
     and other benefits for veterans, to authorize major medical 
     facility projects, to reform eligibility for burial in 
     Arlington National Cemetery, and for other purposes.''.


                           Amendment No. 1622

 (Purpose: To improve the provisions relating to long-term health care 
                  for veterans and for other purposes)

  Mr. BROWNBACK. Senators Rockefeller and Specter have an amendment at 
the desk, and I ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kansas [Mr. Brownback], for Mr. 
     Rockefeller and Mr. Specter, proposes an amendment numbered 
     1622.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. SPECTER. Madam President, as chairman of the Senate Committee on 
Veterans' Affair, I am pleased to report to the Senate on the features 
of S. 1076, the ``Veterans Benefits Act of 1999,'' as amended. This is 
a very important bill, and I direct the Senate's attention to some of 
its more salient features.
  As is explained in detail in the Committee Report which accompanies 
this legislation, S. 1076 would improve and enhance the ability of the 
Department of Veterans Affairs (VA) to address a variety of the needs 
of the Nation's veterans. It would enhance VA's ability to provide long 
term care services to

[[Page 20850]]

aging veterans, and housing, training and other services to homeless 
veterans. It would extend VA programs to provide outreach and medical 
monitoring services to Persian Gulf War veterans and their families. It 
would improve and expand VA's authority to enter into ``enhanced use 
leases''--leases which permit VA to more effectively manage its large 
and costly infrastructure--and it would authorize needed construction 
projects. Further, S. 1076 would improve benefits provided to 
institutionalized veterans, to the survivors of former prisoners of 
war, and to certain Filipino veterans. Finally, it would clarify and 
codify standards governing burial in Arlington National Cemetery and 
provide statutory authority needed to permit the timely construction in 
Washington of a World War II Memorial.
  One matter that has not yet been resolved prior to the reporting of 
this bill--how proposed pilot programs to provide long term care and 
assisted living services to veterans ought to be structured--merits 
explanation now. The Ranking Minority Member of the Committee, Senator 
Rockefeller, and I have now resolved that matter and our agreement is 
reflected in an amendment to the bill that we offer jointly today. As 
amended, S. 1076 would instruct VA to initiate pilot programs to 
provide veterans long term care and assisted living services.
  The long term care pilot programs mandated by this legislation would 
require that VA--without interrupting current services--provide and 
report on long term care services offered in separate VA ``designated 
health care regions'' (Veterans Integrated Service Networks or 
``VISNs'' under VA's current organizational structure) using three 
models: an ``in house'' model; a community-based cooperative model; and 
a model representing a hybrid of the VA-staffed and community-based 
approaches. We hope to demonstrate that VA can offer the Nation a 
meaningful methodology for managing comprehensive care to an aging 
clientele, and identify the model or models by which such care can be 
provided most cost-effectively.
  The second pilot program mandated by this legislation would direct VA 
to develop an appropriate model for furnishing assisted living services 
to veterans, as recommended by the Federal Advisory Committee on Long 
Term Care. This pilot program would empower VA to provide services to 
aged and disabled veterans in their homes or in other residential 
settings to assist them with their activities of daily living--and to 
assist them in avoiding or deferring more costly hospital or nursing 
home care. The Ranking Member and I hope to thrust VA into the 
forefront of this growing and challenging field of health care and 
foster the development of new and cost-effective solutions to 
challenges which all aging Americans face.
  I urge the immediate passage of this bill as amended. And I thank the 
Senate for its attention to the needs of the Nation's veterans.
  Mr. ROCKEFELLER. Madam President, as ranking member of the Senate 
Committee on Veterans' Affairs, I am pleased to support this 
comprehensive bill, which would make valuable changes to a wide range 
of veterans' benefits and services.
  The bill we consider today, S. 1076, the Veterans Benefits Act of 
1999, addresses many initiatives--from ensuring that the surviving 
spouses of ex-POW's will be provided for compensated to furnishing job 
training to homeless veterans. I will mention here only a few of the 
issues which are of particular interest to me.
  The first is long-term care for veterans.
  S. 1076, as amended, represents a comprehensive effort to address the 
long-term care needs of our veterans. Title I includes provisions based 
on the ``Veterans' Long-Term Care Enhancement Act of 1999,'' which I 
introduced earlier in the session. In my view, we must take a first 
step to reach out to veterans who presently need long-term care 
services, or will in the future. I am glad that we have done so.
  At the outset, I want to say that my wish would be for VA to provide 
long-term care to all veterans who need and want it. While the 
provisions now included in S. 1076 are only one step toward determining 
what VA should be doing to meet the needs of veterans for long-term 
care, I believe that it is an important step in that regard.
  There is no doubt that demand for long-term care--for veterans and 
non-veterans alike--is increasing. In the Department of Veterans 
Affairs (VA), however, we face an even more pressing demand.
  I am proud of VA's work in responding to current demand for long-term 
care services. VA has developed geriatric evaluation teams, home-based 
primary care, and adult day health care--all cost-effective ways to 
assess and care for veterans. But to quote from the Report of the 
Federal Advisory Committee on the Future of VA Long-Term Care, despite 
VA's high quality and long tradition, ``VA long-term care is 
marginalized and unevenly funded.''
  There are three key elements to Subtitle A of Title I. The first 
includes provisions which clarify that long-term care is not only 
nursing home care, and that existing differences in law between 
eligibility for institutional long-term care and other types of care 
offered by VA do not affect VA's ability to furnish a full array of 
noninstitutional long-term care services.
  Specifically, the provision would add ``noninstitutional extended 
care services'' to the definition of ``medical services,'' thereby 
removing any doubt about VA's authority to furnish such services to 
veterans enrolled in VA care. The term would be defined to include the 
following: home-based primary care; adult day health care; respite 
care; palliative and end-of-life care; and homemaker or home health 
care aide visits. Veterans would have unfettered access to these needed 
and cost-effective long-term care services.
  Second, S. 1076, as amended, would add clear authority for VA to 
furnish assisted living services, including to the spouses of veterans. 
VA already furnishes a form of assisted living services through its 
domiciliary care program, but the provisions in the bill would provide 
express authority to furnish this modality of care to older veterans 
within the confines of a demonstration project at a Veterans Integrated 
Service Network.
  The Report of the Federal Advisory Committee on the Future of VA 
Long-Term Care specifically notes that while many state programs are 
moving in the direction of assisted living--to cut costs and to provide 
the most appropriate level of care--VA cannot do so. The results of the 
demonstration project will provide VA and Congress with a rational 
basis from which to proceed to authorize assisted living for all 
veterans.
  Third, VA would be mandated to carry out a series of pilot programs, 
over a period of 3 years, which would be designed to gauge the best way 
for VA to meet veterans' long-term care needs--either directly, through 
cooperative arrangements with community providers, or by purchasing 
services from non-VA providers.
  While VA has developed significant expertise in long-term care over 
the past 20-plus years, it has not done so with any mandate to share 
its learning with others, nor has it pushed its program development 
beyond that which met the current needs at the time. Some experts even 
believe that VA's expertise is gradually eroding.
  For VA's expertise to be of greatest use to others, it needs both to 
better capture what it has done and to develop new learning that would 
be most applicable to other health care entities. Those who would 
benefit by further action to develop and capitalize on VA's long-term 
care expertise include older veterans, primarily our honored World War 
II veterans; those health organizations, including academic medicine 
and research entities, with which VA is now connected; and finally, the 
rest of the U.S. health care system, and ultimately all Americans who 
will need some form of long-term care services.
  Each element of the pilot program would establish and carry out a 
comprehensive long-term care program, with a full array of services, 
ranging from inpatient long-term care--in intermediate care beds, 
nursing homes,

[[Page 20851]]

and domiciliary care facilities--to comprehensive noninstitutional 
services, which include hospital-based home care, adult day health 
care, respite care, and other community-base interventions.
  In each element of the pilot programs, VA would also be mandated to 
furnish case management services to ensure that veterans participating 
in the pilot programs receive the optimal treatment and placement for 
services. Preventive health care services, such as screening and 
patient education, and a particular focus on end-of-life care are also 
emphasized. In my view, VA must have ready access to all of these 
services.
  Finally, a key purpose of the pilot program would be to test and 
evaluate various approaches to meeting the long-term care needs of 
eligible veterans, both to develop approaches that could be expanded 
across VA, as well as to demonstrate to others outside of VA the 
effectiveness and impact of various approaches to long-term care. To 
this end, the pilot program within S. 1076 would include specific data 
collection on matters such as cost effectiveness, quality of health 
care services provided, enrollee and health care provider satisfaction, 
and the ability of participants to carry out basic activities of daily 
living.
  I look forward to working with the chairman and the members of the 
Committee on Veterans' Affairs in the House of Representatives to 
advance the cause of long-term care in VA. And I thank Senator Specter 
for his willingness to undertake these advancements in veterans' long-
term care programs.
  Another major issue of great interest to me which S. 1076 addresses 
are specialized mental health services for veterans.
  Last year, I directed my staff on the Committee on Veterans' Affairs 
to undertake a study of the services the Department of Veterans Affairs 
offers to veterans with special needs. Earlier this summer, I released 
the report my Committee staff wrote based on their 8-month oversight 
investigation, which sought to determine if VA is complying with a 
Congressional mandate to maintain capacity in five of the specialized 
programs: Prosthetics and Sensory Aids Services, Blind Rehabilitation, 
Spinal Cord Injury (SCI), Post-Traumatic Stress Disorders (PTSD), and 
Substance Use Disorders.
  In summary, my staff determined that field personnel have just barely 
been able to maintain the level of services in the Prosthetics, Blind 
Rehabilitation, and SCI programs, but that the PTSD and substance use 
disorder programs are not being maintained in accordance with the 
mandates in law. Because of staff and funding reductions, and the 
resulting increases in workloads and excessive waiting times, the 
latter two programs are failing to sustain services at the needed 
levels.
  This is particularly troubling because from its inception, the 
Department of Veterans Affairs' health care system has developed widely 
recognized expertise in providing services to meet the special needs of 
veterans with spinal cord injuries, amputations, blindness, and post-
traumatic stress disorder.
  With specific regard to PTSD, VA has been moving to reduce inpatient 
treatment of PTSD, while expanding its use of outpatient programs. VA's 
decision has been fueled in part by studies of the cost effectiveness 
of various treatment approaches. The potential to stretch limited VA 
dollars to be able to treat more veterans is appealing. However, VA 
needs to be cautious before subscribing to the idea that outpatient 
care is as good as inpatient care for all veterans with PTSD. For some 
of the more seriously affected veterans--who have not succeeded in 
shorter inpatient or outpatient programs, are homeless or unemployed, 
or have dual diagnoses--longer inpatient or bed-based care may be a 
necessity.
  Substance use disorders also present complex treatment problems and 
have taken perhaps the hardest hit of all the specialized programs. It 
is not surprising that treatment has shifted from an emphasis on 
inpatient to outpatient care. Some substance use disorder programs have 
terminated inpatient treatment completely, except for veterans 
requiring short detoxifications in extreme situations. while some 
medical centers have closed inpatient substance use disorder beds, they 
have worked to provide alternative, sheltered living arrangements. 
Unfortunately, not all facilities have made these efforts. Many have 
moved directly to the closure of inpatient units without first 
developing these other alternatives.
  Section 132 of S. 1076, as amended, mandates that the Secretary of 
Veterans Affairs carry out programs to enhance the provision of 
specialized mental health services to veterans. The ``Veterans Benefits 
Act of 1999'' specifically targets services for those afflicted with 
PTSD and substance use disorders. The legislation before us also 
requires that funding will be available, in a centralized manner, to 
fund proposals from the Veterans Integrated Service Networks and the 
individual facilities to provide specialized mental health services. 
Qualified mental health personnel at the VA who oversee these programs 
shall conduct an assessment of need for the funds.
  I must stress that these provisions are not aimed at rebuilding the 
traditional inpatient infrastructure. Instead, the focus is on 
expanding outpatient and residential treatment facilities, developing 
better case management, and generally improving the availability of 
services.
  In my view, VA's mental health treatment programs, in general, have 
been eroded to the point that veterans in some areas of the country are 
suffering needlessly. That is why I am so pleased that S. 1076 includes 
provisions to prompt VA to begin to rebuild some of what has been lost.
  The third major issue of particular concern to me which S. 1076 
addresses is emergency care for veterans. I am very pleased that it 
includes provisions drawn directly from the ``Veterans' Access to 
Emergency Care Act of 1999,'' which would authorize VA to cover 
emergency care at non-VA facilities for those veterans who have 
enrolled with VA for their health care. I thank my colleague, Senator 
Daschle, for his leadership on this issue.
  While VA provides a very generous standard benefits package for all 
veterans who are enrolled with the VA for their health care, enrolled 
veterans do not have comprehensive emergency care. This is a serious 
gap in coverage for veterans, as large and unexpected emergency medical 
care bills can present a significant financial burden. That is why I 
offered this proposal at a Committee meeting. I am gratified that my 
colleagues on the Committee chose to support it.
  Coverage of emergency care services for all veterans is supported by 
the consortium of veterans services organizations that authored the 
Independent Budget for Fiscal Year 2000--AMVETS, the Disabled American 
Veterans, the Paralyzed Veterans of America, and the Veterans of 
Foreign Wars. The concept is also included in the Administration's FY 
2000 budget request for VA and the Consumer Bill of Rights, which 
President Clinton has directed every federal agency engaged in managing 
or delivering health care to adopt.
  To quote from the Consumer Bill of rights:

       Consumers have the right to access emergency health care 
     services when and where the need arises. Health plans should 
     provide payment when a consumer presents to an emergency 
     department with acute symptoms of sufficient severity--
     including severe pain--such that a ``prudent layperson'' 
     could reasonably expect the absence of medical attention to 
     result in placing their health in serious jeopardy, serious 
     impairment to bodily functions, or serious dysfunction of any 
     bodily organ or part.

  S. 1076 adopts this ``prudent layperson'' standard, which is intended 
to protect both the veteran and the VA.
  I look forward to working with my colleagues on the House Committees 
on Veterans' Affairs to make this proposal a reality. Through their 
service to our country, our veterans have earned comprehensive, high 
quality health care, and that must include emergency care, as well.
  The final issue contained in S. 1076 to which I wish to draw 
attention is a provision to improve VA's enhanced

[[Page 20852]]

use lease authority, because I believe it is a critical component of 
VA's management strategy for its property. Many terrific projects that 
better serve veterans and assist the VA have been developed under this 
authority. I believe it is vital for VA to develop more enhanced use 
lease projects to leverage its assets, before it begins to dispose of 
irreplaceable property. I thank Senator Specter for accepting these 
provisions.
  Since VA received enhanced use authority, it has been used to lease 
land to companies that build nursing homes where VA can place veterans 
at discounted rates, resulting in savings of millions of dollars. 
Another use has been to provide transitional housing for homeless 
veterans. Other projects have created reliable child care and adult day 
care facilities for VA employees' families, so that they can care for 
veterans without having to worry about the health and safety of their 
loved ones. In other locations, VA regional offices are moving onto VA 
medical center campuses, resulting in more convenient access for 
veterans and better cooperation between the Veterans Benefits 
Administration and the Veterans Health Administration.
  Section 111 of S. 1076 would remove many of the current barriers 
preventing VA from having an even more successful enhanced use lease 
program. It would allow VA to enter into leases of up to 55-year terms, 
rather than the current 20 and 35 years, while eliminating the 
distinction in lease terms that exists between leases involving new 
construction or substantial renovation, and those involving current 
structures. Section 111 would also authorize VA to use appropriated 
funds from its minor construction account for contributions to capital 
activities in order to secure the best lease terms possible.
  Current authority for VA to enter into enhanced use leases is set to 
expire on December 31, 2001. Projects that are currently in development 
face the possibility of negotiations not being completed prior to the 
expiration date. Therefore, S. 1076 extends VA's authority by a 
sufficient length of time--until December 31, 2011--so as not to chill 
negotiations in the near future.
  I am very interested in seeing VA engage in more of these projects, 
so I am pleased to see that S. 1076 would require the Secretary to 
provide training and outreach regarding enhanced use leasing to 
personnel at VA medical centers. The bill also requires the Secretary 
to contract for an independent assessment of opportunities for enhanced 
use leases. This assessment would include a survey of suitable 
facilities, a determination of the feasibility of projects at those 
facilities, and an analysis of the resources required to enter into a 
lease. I hope that more training--which until now has been sporadic and 
primarily on a by-request basis--and a more systematic and centralized 
approach would assist the VA in maximizing its enhanced use lease 
opportunities.
  In conclusion, I believe that S. 1076 represents a real step forward 
in providing veterans with the type of care that they require, and in 
giving VA the legislative tools to carry out that care--be it emergency 
care, long-term care, or specialized mental health treatment. When 
Congress passed VA health care eligibility reform in 1996, we told 
veterans that VA would be their comprehensive health care provider; but 
since its enactment, we have found significant limitations and barriers 
to providing the types of care veterans need. S. 1076 tears down many 
of those barriers.
  I urge my colleagues in the House to carefully examine these critical 
provisions and to work with Senator Specter and me to implement them. 
America's veterans deserve nothing less.
  Mr. CLELAND. Mr. President, I am very pleased to endorse S. 1076, the 
Veterans' Benefit Act of 1999. I want to thank the distinguished 
Chairman and Ranking Member of the Senate Committee on Veterans' 
Affairs for all their hard work to maintain and enhance veterans' 
benefits and for including the much needed construction renovation at 
the Atlanta VA Medical Center. Senators Spector and Rockefeller have 
provided excellent leadership during these challenging times of 
matching current budget levels with the provision of promised benefits.
  The Atlanta VA Medical Center renovation will be critical to 
providing care for all of our veterans, men and women, in the new 
millennium. S. 1076 proposes other needed benefits in the areas of 
service-connected disability compensation, health and education, 
medical facility construction and burial entitlements.
  Again, I salute the work of Senate Veterans' Committee and I am 
pleased to support S. 1076.
  Mr. BROWNBACK. I ask unanimous consent that the amendment be agreed 
to, the committee substitute, as amended, be agreed to, the bill be 
read a third time and passed, the title amendment be agreed to, the 
motion to reconsider be laid upon the table, and that any statements 
relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1622) was agreed to.
  The committee substitute, as amended, was agreed to.
  The bill (S. 1076), as amended, was considered read the third time, 
and passed, 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''.
       (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--MEDICAL CARE

                       Subtitle A--Long-Term Care

Sec. 101. Continuum of care for veterans.
Sec. 102. Pilot programs relating to long-term care of veterans.
Sec. 103. Pilot program relating to assisted living services.

       Subtitle B--Management of Medical Facilities and Property

Sec. 111. Enhanced-use lease authority.
Sec. 112. Designation of hospital bed replacement building at 
              Department of Veterans Affairs medical center in Reno, 
              Nevada, after Jack Streeter.

                     Subtitle C--Homeless Veterans

Sec. 121. Extension of program of housing assistance for homeless 
              veterans.
Sec. 122. Homeless veterans comprehensive service programs.
Sec. 123. Authorizations of appropriations for homeless veterans' 
              reintegration projects.
Sec. 124. Report on implementation of General Accounting Office 
              recommendations regarding performance measures.

                Subtitle D--Other Health Care Provisions

Sec. 131. Emergency health care in non-Department of Veterans Affairs 
              facilities for enrolled veterans.
Sec. 132. Improvement of specialized mental health services for 
              veterans.
Sec. 133. Treatment and services for drug or alcohol dependency.
Sec. 134. Allocation to Department of Veterans Affairs health care 
              facilities of amounts in Medical Care Collections Fund.
Sec. 135. Extension of certain Persian Gulf War authorities.
Sec. 136. Report on coordination of procurement of pharmaceuticals and 
              medical supplies by the Department of Veterans Affairs 
              and the Department of Defense.
Sec. 137. Reimbursement of medical expenses of veterans located in 
              Alaska.
Sec. 138. Repeal of four-year limitation on terms of Under Secretary 
              for Health and Under Secretary for Benefits.

 Subtitle E--Major Medical Facility Projects Construction Authorization

Sec. 141. Authorization of major medical facility projects.

                       TITLE II--BENEFITS MATTERS

Sec. 201. Payment rate of certain burial benefits for certain Filipino 
              veterans.
Sec. 202. Extension of authority to maintain a regional office in the 
              Republic of the Philippines.
Sec. 203. Extension of Advisory Committee on Minority Veterans.
Sec. 204. Dependency and indemnity compensation for surviving spouses 
              of former prisoners of war.
Sec. 205. Repeal of limitation on payments of benefits to incompetent 
              institutionalized veterans.
Sec. 206. Clarification of veterans employment opportunities.

                      TITLE III--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

Sec. 301. Short title.

[[Page 20853]]

Sec. 302. Persons eligible for burial in Arlington National Cemetery.
Sec. 303. Persons eligible for placement in the columbarium in 
              Arlington National Cemetery.

                   Subtitle B--World War II Memorial

Sec. 311. Short title.
Sec. 312. Fund raising by American Battle Monuments Commission for 
              World War II Memorial.
Sec. 313. General authority of American Battle Monuments Commission to 
              solicit and receive contributions.
Sec. 314. Intellectual property and related items.

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

Sec. 401. Temporary service of certain judges of United States Court of 
              Appeals for Veterans Claims upon expiration of their 
              terms or retirement.
Sec. 402. Modified terms for certain judges of United States Court of 
              Appeals for Veterans Claims.
Sec. 403. Temporary authority for voluntary separation incentives for 
              certain judges on United States Court of Appeals for 
              Veterans Claims.
Sec. 404. Definition.

     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--MEDICAL CARE

                       Subtitle A--Long-Term Care

     SEC. 101. CONTINUUM OF CARE FOR VETERANS.

       (a) Inclusion of Noninstitutional Extended Care Services in 
     Definition of Medical Services.--Section 1701 is amended--
       (1) in paragraph (6)(A)(i), by inserting ``noninstitutional 
     extended care services,'' after ``preventive health 
     services,''; and
       (2) by adding at the end the following new paragraphs:
       ``(10) The term `noninstitutional extended care services' 
     includes--
       ``(A) home-based primary care;
       ``(B) adult day health care;
       ``(C) respite care;
       ``(D) palliative and end-of-life care; and
       ``(E) home health aide visits.
       ``(11) The term `respite care' means hospital care, nursing 
     home care, or residence-based care which--
       ``(A) is of limited duration;
       ``(B) is furnished in a Department facility or in the 
     residence of an individual on an intermittent basis to an 
     individual who is suffering from a chronic illness and who 
     resides primarily at that residence; and
       ``(C) is furnished for the purpose of helping the 
     individual to continue residing primarily at that 
     residence.''.
       (b) Conforming Amendments to Title 38.--(1)(A) Section 1720 
     is amended by striking subsection (f).
       (B) The section heading of such section is amended by 
     striking ``; adult day health care''.
       (2) Section 1720B is repealed.
       (3) Chapter 17 is further amended by redesignating sections 
     1720C, 1720D, and 1720E as sections 1720B, 1720C, and 1720D, 
     respectively.
       (c) Clerical Amendments.--The table of sections for chapter 
     17 is amended--
       (1) in the item relating to section 1720, by striking ``; 
     adult day health care''; and
       (2) by striking the items relating to sections 1720B, 
     1720C, 1720D, and 1720E and inserting the following:

``1720B. Noninstitutional alternatives to nursing home care.
``1720C. Counseling and treatment for sexual trauma.
``1720D. Nasopharyngeal radium irradiation.''.
       (d) Additional Conforming Amendment.--Section 101(g)(2) of 
     the Veterans Health Programs Extension Act of 1994 (Public 
     Law 103-452; 108 Stat. 4785; 38 U.S.C. 1720D note) is amended 
     by striking ``section 1720D'' both places it appears and 
     inserting ``section 1720C''.

     SEC. 102. PILOT PROGRAMS RELATING TO LONG-TERM CARE OF 
                   VETERANS.

       (a) In General.--The Secretary of Veterans Affairs shall 
     carry out three pilot programs for the purpose of determining 
     the feasibility and practicability of a variety of methods of 
     meeting the long-term care needs of eligible veterans. The 
     pilot programs shall be carried out in accordance with the 
     provisions of this section.
       (b) Locations of Pilot Programs.--(1) Each pilot program 
     under this section shall be carried out in two designated 
     health care regions of the Department of Veterans Affairs 
     selected by the Secretary for purposes of this section.
       (2) In selecting designated health care regions of the 
     Department for purposes of a particular pilot program, the 
     Secretary shall, to the maximum extent practicable, select 
     designated health care regions containing a medical center or 
     medical centers whose current circumstances and activities 
     most closely mirror the circumstances and activities proposed 
     to be achieved under such pilot program.
       (3) The Secretary may not carry out more than one pilot 
     program in any given designated health care region of the 
     Department.
       (c) Scope of Services Under Pilot Programs.--(1) The 
     services provided under the pilot programs under this section 
     shall include a comprehensive array of health care services 
     and other services that meet the long-term care needs of 
     veterans, including--
       (A) inpatient long-term care in intermediate care beds, in 
     nursing homes, and in domiciliary care facilities; and
       (B) non-institutional long-term care, including hospital-
     based primary care, adult day health care, respite care, and 
     other community-based interventions and care.
       (2) As part of the provision of services under the pilot 
     programs, the Secretary shall also provide appropriate case 
     management services.
       (3) In providing services under the pilot programs, the 
     Secretary shall emphasize the provision of preventive care 
     services, including screening and education.
       (4) The Secretary may provide health care services or other 
     services under the pilot programs only if the Secretary is 
     otherwise authorized to provide such services by law.
       (d) Direct Provision of Services.--Under one of the pilot 
     programs under this section, the Secretary shall provide 
     long-term care services to eligible veterans directly through 
     facilities and personnel of the Department of Veterans 
     Affairs.
       (e) Provision of Services Through Cooperative 
     Arrangements.--(1) Under one of the pilot programs under this 
     section, the Secretary shall provide long-term care services 
     to eligible veterans through a combination (as determined by 
     the Secretary) of--
       (A) services provided under cooperative arrangements with 
     appropriate public and private non-Governmental entities, 
     including community service organizations; and
       (B) services provided through facilities and personnel of 
     the Department.
       (2) The consideration provided by the Secretary for 
     services provided by entities under cooperative arrangements 
     under paragraph (1)(A) shall be limited to the provision by 
     the Secretary of appropriate in-kind services to such 
     entities.
       (f) Provision of Services by Non-Department Entities.--(1) 
     Under one of the pilot programs under this section, the 
     Secretary shall provide long-term care services to eligible 
     veterans through arrangements with appropriate non-Department 
     entities under which arrangements the Secretary acts solely 
     as the case manager for the provision of such services.
       (2) Payment for services provided to veterans under the 
     pilot programs under this subsection shall be made by the 
     Department to the extent that payment for such services is 
     not otherwise provided by another government or non-
     government entity.
       (g) Data Collection.--As part of the pilot programs under 
     this section, the Secretary shall collect data regarding--
       (1) the cost-effectiveness of such programs and of other 
     activities of the Department for purposes of meeting the 
     long-term care needs of eligible veterans, including any cost 
     advantages under such programs and activities when compared 
     with the Medicare program, Medicaid program, or other Federal 
     program serving similar populations;
       (2) the quality of the services provided under such 
     programs and activities;
       (3) the satisfaction of participating veterans, non-
     Department, and non-Government entities with such programs 
     and activities; and
       (4) the effect of such programs and activities on the 
     ability of veterans to carry out basic activities of daily 
     living over the course of such veterans' participation in 
     such programs and activities.
       (h) Report.--(1) Not later than six months after the 
     completion of the pilot programs under subsection (i), the 
     Secretary shall submit to Congress a report on the health 
     services and other services furnished by the Department to 
     meet the long-term care needs of eligible veterans.
       (2) The report under paragraph (1) shall--
       (A) describe the comprehensive array of health services and 
     other services furnished by the Department under law to meet 
     the long-term care needs of eligible veterans, including--
       (i) inpatient long-term care in intermediate care beds, in 
     nursing homes, and in domiciliary care facilities; and
       (ii) non-institutional long-term care, including hospital-
     based primary care, adult day health care, respite care, and 
     other community-based interventions and care;
       (B) describe the case management services furnished as part 
     of the services described in subparagraph (A) and assess the 
     role of such case management services in ensuring that 
     eligible veterans receive services to meet their long-term 
     care needs; and
       (C) in describing services under subparagraphs (A) and (B), 
     emphasize the role of preventive services in the furnishing 
     of such services.
       (i) Duration of Programs.--(1) The Secretary shall commence 
     carrying out the pilot

[[Page 20854]]

     programs required by this section not later than 90 days 
     after the date of the enactment of this Act.
       (2) The authority of the Secretary to provide services 
     under the pilot programs shall cease on the date that is 
     three years after the date of the commencement of the pilot 
     programs under paragraph (1).
       (j) Definitions.--In this section:
       (1) Eligible veteran.--The term ``eligible veteran'' means 
     the following:
       (A) Any veteran eligible to receive hospital care and 
     medical services under section 1710(a)(1) of title 38, United 
     States Code.
       (B) Any veteran (other than a veteran described in 
     subparagraph (A)) if the veteran is enrolled in the system of 
     annual patient enrollment under section 1705 of title 38, 
     United States Code.
       (2) Long-term care needs.--The term ``long-term care 
     needs'' means the need by an individual for any of the 
     following services:
       (A) Hospital care.
       (B) Medical services.
       (C) Nursing home care.
       (D) Case management and other social services.
       (E) Home and community based services.

     SEC. 103. PILOT PROGRAM RELATING TO ASSISTED LIVING SERVICES.

       (a) In General.--The Secretary of Veterans Affairs shall 
     carry out a pilot program for the purpose of determining the 
     feasibility and practicability of providing assisted living 
     services to eligible veterans. The pilot program shall be 
     carried out in accordance with this section.
       (b) Location.--The pilot program under this section shall 
     be carried out at a designated health care region of the 
     Department of Veterans Affairs selected by the Secretary for 
     purposes of this section.
       (c) Scope of Services.--(1) Subject to paragraph (2), the 
     Secretary shall provide assisted living services under the 
     pilot program to eligible veterans.
       (2) Assisted living services may not be provided under the 
     pilot program to a veteran eligible for care under section 
     1710(a)(3) of title 38, United States Code, unless such 
     veteran agrees to pay the United States an amount equal to 
     the amount determined in accordance with the provisions of 
     section 1710(f) of such title.
       (3) Assisted living services may also be provided under the 
     pilot program to the spouse of an eligible veteran if--
       (A) such services are provided coincidentally with the 
     provision of identical services to the veteran under the 
     pilot program; and
       (B) such spouse agrees to pay the United States an amount 
     equal to the cost, as determined by the Secretary, of the 
     provision of such services.
       (d) Reports.--(1) The Secretary shall annually submit to 
     Committees on Veterans' Affairs of the Senate and the House 
     of Representatives a report on the pilot program under this 
     section. The report shall include a detailed description of 
     the activities under the pilot program during the one-year 
     period ending on the date of the report and such other 
     matters as the Secretary considers appropriate.
       (2)(A) In addition to the reports required by paragraph 
     (1), not later than 90 days before concluding the pilot 
     program under this section, the Secretary shall submit to the 
     committees referred to in that paragraph a final report on 
     the pilot program.
       (B) The report on the pilot program under this paragraph 
     shall include the following:
       (i) An assessment of the feasibility and practicability of 
     providing assisted living services for veterans and their 
     spouses.
       (ii) A financial assessment of the pilot program, including 
     a management analysis, cost-benefit analysis, Department 
     cash-flow analysis, and strategic outlook assessment.
       (iii) Recommendations, if any, regarding an extension of 
     the pilot program, including recommendations regarding the 
     desirability of authorizing or requiring the Secretary to 
     seek reimbursement for the costs of the Secretary in 
     providing assisted living services in order to reduce demand 
     for higher-cost nursing home care under the pilot program.
       (iv) Any other information or recommendations that the 
     Secretary considers appropriate regarding the pilot program.
       (e) Duration.--(1) The Secretary shall commence carrying 
     out the pilot program required by this section not later than 
     90 days after the date of the enactment of this Act.
       (2) The authority of the Secretary to provide services 
     under the pilot program shall cease on the date that is three 
     years after the date of the commencement of the pilot program 
     under paragraph (1).
       (f) Definitions.--In this section:
       (1) Eligible veteran.--The term ``eligible veteran'' means 
     the following:
       (A) Any veteran eligible to receive hospital care and 
     medical services under section 1710(a)(1) of title 38, United 
     States Code.
       (B) Any veteran (other than a veteran described in 
     subparagraph (A)) if the veteran is enrolled in the system of 
     annual patient enrollment under section 1705 of title 38, 
     United States Code.
       (2) Assisted living services.--The term ``assisted living 
     services'' means services which provide personal care, 
     activities, health-related care, supervision, and other 
     assistance on a 24-hour basis within a residential or similar 
     setting which--
       (A) maximizes flexibility in the provision of such care, 
     activities, supervision, and assistance;
       (B) maximizes the autonomy, privacy, and independence of an 
     individual; and
       (C) encourages family and community involvement with the 
     individual.

       Subtitle B--Management of Medical Facilities and Property

     SEC. 111. ENHANCED-USE LEASE AUTHORITY.

       (a) Maximum Term of Leases.--Section 8162(b)(2) is amended 
     by striking ``may not exceed--'' and all that follows through 
     the end and inserting ``may not exceed 55 years.''.
       (b) Availability of Funds for Certain Activities Relating 
     to Leases.--Section 8162(b)(4) is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in subparagraph (A), as so designated--
       (A) in the first sentence, by striking ``only''; and
       (B) by striking the second sentence; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Any payment by the Secretary in contribution to 
     capital activities on property that has been leased under 
     this subchapter may be made from amounts appropriated to the 
     Department for construction, minor projects.''.
       (c) Extension of Authority.--Section 8169 is amended by 
     striking ``December 31, 2001'' and inserting ``December 31, 
     2011''.
       (d) Training and Outreach Regarding Authority.--The 
     Secretary of Veterans Affairs shall take appropriate actions 
     to provide training and outreach to personnel at Department 
     of Veterans Affairs medical centers regarding the enhanced-
     use lease authority under subchapter V of chapter 81 of title 
     38, United States Code. The training and outreach shall 
     address methods of approaching potential lessees in the 
     medical or commercial sectors regarding the possibility of 
     entering into leases under that authority and other 
     appropriate matters.
       (e) Independent Analysis of Opportunities for Use of 
     Authority.--(1) The Secretary shall take appropriate actions 
     to secure from an appropriate entity independent of the 
     Department of Veterans Affairs an analysis of opportunities 
     for the use of the enhanced-use lease authority under 
     subchapter V of chapter 81 of title 38, United States Code.
       (2) The analysis under paragraph (1) shall include--
       (A) a survey of the facilities of the Department for 
     purposes of identifying Department property that presents an 
     opportunity for lease under the enhanced-use lease authority;
       (B) an assessment of the feasibility of entering into 
     enhanced-use leases under that authority in the case of any 
     property identified under subparagraph (A) as presenting an 
     opportunity for such lease; and
       (C) an assessment of the resources required at the 
     Department facilities concerned, and at the Department 
     Central Office, in order to facilitate the entering into of 
     enhanced-used leases in the case of property so identified.
       (3) If as a result of the survey under paragraph (2)(A) the 
     entity determines that a particular Department property 
     presents no opportunities for lease under the enhanced-use 
     lease authority, the analysis shall include the entity's 
     explanation of that determination.
       (4) If as a result of the survey the entity determines that 
     certain Department property presents an opportunity for lease 
     under the enhanced-use lease authority, the analysis shall 
     include a single integrated business plan, developed by the 
     entity, that addresses the strategy and resources necessary 
     to implement the plan for all property determined to present 
     an opportunity for such lease.
       (f) Authority for Enhanced-Use Lease of Property Under 
     Business Plan.--(1) The Secretary may enter into an enhanced-
     use lease of any property identified as presenting an 
     opportunity for such lease under the analysis under 
     subsection (e) if such lease is consistent with the business 
     plan under paragraph (4) of that subsection.
       (2) The provisions of subchapter V of chapter 81 of title 
     38, United States Code, shall apply with respect to any lease 
     under paragraph (1).

     SEC. 112. DESIGNATION OF HOSPITAL BED REPLACEMENT BUILDING AT 
                   DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER 
                   IN RENO, NEVADA, AFTER JACK STREETER.

       The hospital bed replacement building under construction at 
     the Ioannis A. Lougaris Department of Veterans Affairs 
     Medical Center in Reno, Nevada, is hereby designated as the 
     ``Jack Streeter Building''. Any reference to that building in 
     any law, regulation, map, document, record, or other paper of 
     the United States shall be considered to be a reference to 
     the Jack Streeter Building.

                     Subtitle C--Homeless Veterans

     SEC. 121. 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. 122. HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS.

       (a) Purposes of Grants.--Paragraph (1) of section 3(a) of 
     the Homeless Veterans Comprehensive Service Programs Act of 
     1992 (38

[[Page 20855]]

     U.S.C. 7721 note) is amended by inserting ``, and expanding 
     existing programs for furnishing,'' after ``new programs to 
     furnish''.
       (b) Extension of Authority to Make Grants.--Paragraph (2) 
     of that section is amended by striking ``September 30, 1999'' 
     and inserting ``September 30, 2001''.
       (c) 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. 123. 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. 124. 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. 131. EMERGENCY HEALTH CARE IN NON-DEPARTMENT OF VETERANS 
                   AFFAIRS FACILITIES FOR ENROLLED VETERANS.

       (a) Definitions.--Section 1701 is amended--
       (1) in paragraph (6)--
       (A) by striking ``and'' at the end of subparagraph (A);
       (B) by striking the period at the end of subparagraph (B) 
     and inserting ``; and''; and
       (C) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) emergency care, or reimbursement for such care, as 
     described in sections 1703(a)(3) and 1728(a)(2)(E) of this 
     title.''; and
       (2) by adding at the end the following new paragraph:
       ``(10) The term `emergency medical condition' means a 
     medical condition manifesting itself by acute symptoms of 
     sufficient severity (including severe pain) such that a 
     prudent layperson, who possesses an average knowledge of 
     health and medicine, could reasonably expect the absence of 
     immediate medical attention to result in--
       ``(A) placing the health of the individual (or, with 
     respect to a pregnant woman, the health of the woman or her 
     unborn child) in serious jeopardy;
       ``(B) serious impairment to bodily functions; or
       ``(C) serious dysfunction of any bodily organ or part.''.
       (b) Contract Care.--Section 1703(a)(3) is amended by 
     striking ``medical emergencies'' and all that follows through 
     ``health of a veteran'' and inserting ``an emergency medical 
     condition of a veteran who is enrolled under section 1705 of 
     this title or who is''.
       (c) Reimbursement of Expenses for Emergency Care.--Section 
     1728(a)(2) is amended--
       (1) by striking ``or'' before ``(D)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, or (E) for any emergency medical condition of 
     a veteran enrolled under section 1705 of this title''.
       (d) Payment Priority.--Section 1705 is amended by adding at 
     the end the following new subsection:
       ``(d) The Secretary shall require in a contract under 
     section 1703(a)(3) of this title, and as a condition of 
     payment under section 1728(a)(2) of this title, that payment 
     by the Secretary for treatment under such contract, or under 
     such section, of a veteran enrolled under this section shall 
     be made only after any payment that may be made with respect 
     to such treatment under part A or part B of the Medicare 
     program and after any payment that may be made with respect 
     to such treatment by a third-party insurance provider.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to care or services provided on or 
     after the date of the enactment of this Act.

     SEC. 132. IMPROVEMENT OF SPECIALIZED MENTAL HEALTH SERVICES 
                   FOR VETERANS.

       (a) In General.--(1) Subchapter II of chapter 17 is amended 
     by inserting after section 1712B the following new section:

     ``Sec. 1712C. Specialized mental health services

       ``(a) The Secretary shall carry out programs for purposes 
     of enhancing the provision of specialized mental health 
     services to veterans.
       ``(b) The programs carried out by the Secretary under 
     subsection (a) shall include the following:
       ``(1) Programs relating to the treatment of Post Traumatic 
     Stress Disorder (PTSD), including programs for--
       ``(A) the establishment and operation of additional 
     outpatient and residential treatment facilities for Post 
     Traumatic Stress Disorder in areas that are underserved by 
     existing programs relating to Post Traumatic Stress Disorder, 
     as determined by qualified mental health personnel of the 
     Department who oversee such programs;
       ``(B) the provision of services in response to the specific 
     needs of veterans with Post Traumatic Stress Disorder and 
     related disorders, including short-term or long-term care 
     services that combine residential treatment of Post Traumatic 
     Stress Disorder;
       ``(C) the provision of Post Traumatic Stress Disorder or 
     dedicated case management services on an outpatient basis; 
     and
       ``(D) the enhancement of staffing of existing programs 
     relating to Post Traumatic Stress Disorder which have 
     exceeded the projected workloads for such programs.
       ``(2) Programs relating to substance use disorders, 
     including programs for--
       ``(A) the establishment and operation of additional 
     Department-based or community-based residential treatment 
     facilities;
       ``(B) the expansion of the provision of opioid treatment 
     services, including the establishment and operation of 
     additional programs for the provision of opioid treatment 
     services; and
       ``(C) the reestablishment or enhancement of substance use 
     disorder services at facilities at which such services have 
     been eliminated or curtailed, with an emphasis on the 
     reestablishment or enhancement of services at facilities 
     where demand for such services is high or which serve large 
     geographic areas.
       ``(c)(1) The Secretary shall provide for the allocation of 
     funds for the programs carried out under this section in a 
     centralized manner.
       ``(2) The allocation of funds for such programs shall--
       ``(A) be based upon an assessment of the need for funds 
     conducted by qualified mental health personnel of the 
     Department who oversee such programs; and
       ``(B) emphasize, to the maximum extent practicable, the 
     availability of funds for the programs described in 
     paragraphs (1) and (2) of subsection (b).''.
       (2) The table of sections at the beginning of chapter 17 is 
     amended by inserting after the item relating to section 1712B 
     the following new item:

``1712C. Specialized mental health services.''.
       (b) Report.--(1) Not later than March 1 of each of 2000, 
     2001, and 2002, the Secretary of Veterans Affairs shall 
     submit to Congress a report on the programs carried out by 
     the Secretary under section 1712C of title 38, United States 
     Code (as added by subsection (a)).
       (2) The report shall, for the period beginning on the date 
     of the enactment of this Act and ending on the date of the 
     report--
       (A) describe the programs carried out under such section 
     1712C;
       (B) set forth the number of veterans provided services 
     under such programs; and
       (C) set forth the amounts expended for purposes of carrying 
     out such programs.

     SEC. 133. 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. 134. 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. 135. 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. 136. 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

[[Page 20856]]

     the Committees on Veterans' Affairs and Armed Services of the 
     House of Representatives a report on the cooperation between 
     the Department of Veterans Affairs and the Department of 
     Defense in the procurement of pharmaceuticals and medical 
     supplies.
       (b) Report Elements.--The report under subsection (a) shall 
     include the following:
       (1) A description of the current cooperation between the 
     Department of Veterans Affairs and the Department of Defense 
     in the procurement of pharmaceuticals and medical supplies.
       (2) An assessment of the means by which cooperation between 
     the departments in such procurement could be enhanced or 
     improved.
       (3) A description of any existing memoranda of agreement 
     between the Department of Veterans Affairs and the Department 
     of Defense that provide for the cooperation referred to in 
     subsection (a).
       (4) A description of the effects, if any, such agreements 
     will have on current staffing levels at the Defense Supply 
     Center in Philadelphia, Pennsylvania, and the Department of 
     Veterans Affairs National Acquisition Center in Hines, 
     Illinois.
       (5) A description of the effects, if any, of such 
     cooperation on military readiness.
       (6) A comprehensive assessment of cost savings realized and 
     projected over the five fiscal year period beginning in 
     fiscal year 1999 for the Department of Veterans Affairs and 
     the Department of Defense as a result of such cooperation, 
     and the overall savings to the Treasury of the United States 
     as a result of such cooperation.
       (7) A list of the types of medical supplies and 
     pharmaceuticals for which cooperative agreements would not be 
     appropriate and the reason or reasons therefor.
       (8) An assessment of the extent to which cooperative 
     agreements could be expanded to include medical equipment, 
     major systems, and durable goods used in the delivery of 
     health care by the Department of Veterans Affairs and the 
     Department of Defense.
       (9) A description of the effects such agreements might have 
     on distribution of items purchased cooperatively by the 
     Department of Veterans Affairs and the Department of Defense, 
     particularly outside the continental United States.
       (10) An assessment of the potential to establish common 
     pharmaceutical formularies between the Department of Veterans 
     Affairs and the Department of Defense.
       (11) An explanation of the current Uniform Product Number 
     (UPN) requirements of each Department and of any planned 
     standardization of such requirements between the Departments 
     for medical equipment and durable goods manufacturers.

     SEC. 137. REIMBURSEMENT OF MEDICAL EXPENSES OF VETERANS 
                   LOCATED IN ALASKA.

       (a) Preservation of Current Reimbursement Rates.--
     Notwithstanding any other provision of law, the Secretary of 
     Veterans Affairs shall, for purposes of reimbursing veterans 
     in Alaska for medical expenses under section 1728 of title 
     38, United States Code, during the one-year period beginning 
     on the date of the enactment of this Act, use the fee-for-
     service payment schedule in effect for such purposes on July 
     31, 1999, rather than the Participating Physician Fee 
     Schedule under the Medicare program.
       (b) Report.--(1) Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     and the Secretary of Health and Human Services shall jointly 
     submit to the Committees on Veterans' Affairs of the Senate 
     and the House of Representatives a report and recommendation 
     on the use of the Participating Physician Fee Schedule under 
     the Medicare program as a means of calculating reimbursement 
     rates for medical expenses of veterans located in Alaska 
     under section 1728 of title 38, United States Code.
       (2) The report shall--
       (A) assess the differences between health care costs in 
     Alaska and health care costs in the continental United 
     States;
       (B) describe any differences between the costs of providing 
     health care in Alaska and the reimbursement rates for the 
     provision of health care under the Participating Physician 
     Fee Schedule; and
       (C) assess the effects on health care for veterans in 
     Alaska of implementing the Participating Physician Fee 
     Schedule as a means of calculating reimbursement rates for 
     medical expenses of veterans located in Alaska under section 
     1728 of title 38, United States Code.

     SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON TERMS OF UNDER 
                   SECRETARY FOR HEALTH AND UNDER SECRETARY FOR 
                   BENEFITS.

       (a) Under Secretary for Health.--Section 305 is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (b) Under Secretary for Benefits.--Section 306 is amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsection (d) as subsection (c).
       (c) Applicability.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of the enactment of 
     this Act and shall apply with respect to individuals 
     appointed as Under Secretary for Health and Under Secretary 
     for Benefits, respectively, on or after that date.

 Subtitle E--Major Medical Facility Projects Construction Authorization

     SEC. 141. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

       (a) In General.--The Secretary of Veterans Affairs may 
     carry out the following major medical facility projects, with 
     each project to be carried out in the amount specified for 
     that project:
       (1) Construction of a long term care facility at the 
     Department of Veterans Affairs Medical Center, Lebanon, 
     Pennsylvania, in an amount not to exceed $14,500,000.
       (2) Renovations and environmental improvements at the 
     Department of Veterans Affairs Medical Center, Fargo, North 
     Dakota, in an amount not to exceed $12,000,000.
       (3) Construction of a surgical suite and post-anesthesia 
     care unit at the Department of Veterans Affairs Medical 
     Center, Kansas City, Missouri, in an amount not to exceed 
     $13,000,000.
       (4) Renovations and environmental improvements at the 
     Department of Veterans Affairs Medical Center, Atlanta, 
     Georgia, in an amount not to exceed $12,400,000.
       (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 $225,500,000 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 II--BENEFITS MATTERS

     SEC. 201. 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) and who dies after the date of 
     the enactment of the Veterans Benefits Act of 1999 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 date of the enactment of this Act 
     by reason of the amendments made by subsection (a).

     SEC. 202. EXTENSION OF AUTHORITY TO MAINTAIN A REGIONAL 
                   OFFICE IN THE REPUBLIC OF THE PHILIPPINES.

       Section 315(b) is amended by striking ``December 31, 1999'' 
     and inserting ``December 31, 2004''.

     SEC. 203. EXTENSION OF ADVISORY COMMITTEE ON MINORITY 
                   VETERANS.

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

     SEC. 204. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING 
                   SPOUSES OF FORMER PRISONERS OF WAR.

       (a) Eligibility.--Section 1318(b) is amended--
       (1) by striking ``that either--'' in the matter preceding 
     paragraph (1) and inserting ``rated totally disabling if--''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(3) the veteran was a former prisoner of war who died 
     after September 30, 1999, and whose disability was 
     continuously rated totally disabling for a period of one year 
     immediately preceding death.''.

[[Page 20857]]

       (b) Conforming Amendments.--Such section is further 
     amended--
       (1) in paragraph (1)--
       (A) by inserting ``the disability'' after ``(1)''; and
       (B) by striking ``or'' after ``death;''; and
       (2) in paragraph (2)--
       (A) by striking ``if so rated for a lesser period, was so 
     rated continuously'' and inserting ``the disability was 
     continuously rated totally disabling''; and
       (B) by striking the period at the end and inserting ``; 
     or''.

     SEC. 205. 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. 206. 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 III--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

     SEC. 301. SHORT TITLE.

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

     SEC. 302. 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) 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) 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) 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.
       ``(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 publish in the Federal Register a 
     notice of the authorization as soon as practicable after the 
     authorization.
       ``(B) Each notice 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)(A) Except as provided in subparagraph (B), 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.
       ``(B) In a case under subparagraph (A) in which the same 
     gravesite may not be used due to insufficient space, a person 
     otherwise eligible under that subparagraph may be interred in 
     a gravesite adjoining the gravesite of the person listed in 
     subsection (a) if space in such adjoining gravesite had been 
     reserved for the burial of such person otherwise eligible 
     under that subparagraph before January 1962.
       ``(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

[[Page 20858]]

     death of the individual may not be considered by the 
     Secretary of the Army, the Secretary of Defense, or any other 
     responsible official.
       ``(i) Register of Buried Individuals.--(1) The Secretary of 
     the Army shall maintain a register of each individual buried 
     in Arlington National Cemetery and shall make such register 
     available to the public.
       ``(2) With respect to each such individual buried on or 
     after January 1, 1998, the register shall include a brief 
     description of the basis of eligibility of the individual for 
     burial in Arlington National Cemetery.
       ``(j) Definitions.--For purposes of this section:
       ``(1) The term `retired member of the Armed Forces' means--
       ``(A) any member of the Armed Forces on a retired list who 
     served on active duty and who is entitled to retired pay;
       ``(B) any member of the Fleet Reserve or Fleet Marine Corps 
     Reserve who served on active duty and who is entitled to 
     retainer pay; and
       ``(C) any member of a reserve component of the Armed Forces 
     who has served on active duty and who has received notice 
     from the Secretary concerned under section 12731(d) of title 
     10 of eligibility for retired pay under chapter 1223 of title 
     10.
       ``(2) The term `former member of the Armed Forces' includes 
     a person whose service is considered active duty service 
     pursuant to a determination of the Secretary of Defense under 
     section 401 of Public Law 95-202 (38 U.S.C. 106 note).
       ``(3) The term `Superintendent' means the Superintendent of 
     Arlington National Cemetery.''.
       (2) The table of sections at the beginning of chapter 24 is 
     amended by adding at the end the following new item:

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

     SEC. 303. 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 302(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 
     302(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 the 
     enactment of this Act.

                   Subtitle B--World War II Memorial

     SEC. 311. SHORT TITLE.

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

     SEC. 312. 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

[[Page 20859]]

     Works Act (40 U.S.C. 1008), the Secretary of the Interior 
     shall consider the funds that the Commission may borrow from 
     the Treasury under subsection (e) as funds available to 
     complete construction of the memorial, whether or not the 
     Commission has actually exercised the authority to borrow 
     such funds.
       ``(g) Voluntary Services.--(1) Notwithstanding section 1342 
     of title 31, the Commission may accept from any person 
     voluntary services to be provided in furtherance of the fund-
     raising activities of the Commission relating to the World 
     War II memorial.
       ``(2) A person providing voluntary services under this 
     subsection shall be considered to be a Federal employee for 
     purposes of chapter 81 of title 5, relating to compensation 
     for work-related injuries, and chapter 171 of title 28, 
     relating to tort claims. A volunteer who is not otherwise 
     employed by the Federal Government shall not be considered to 
     be a Federal employee for any other purpose by reason of the 
     provision of such voluntary service, except that any 
     volunteers given responsibility for the handling of funds or 
     the carrying out of a Federal function are subject to the 
     conflict of interest laws contained in chapter 11 of title 
     18, and the administrative standards of conduct contained in 
     part 2635 of title 5, Code of Federal Regulations.
       ``(3) The Commission may provide for reimbursement of 
     incidental expenses which are incurred by a person providing 
     voluntary services under this subsection. The Commission 
     shall determine which expenses are eligible for reimbursement 
     under this paragraph.
       ``(4) Nothing in this subsection shall be construed to 
     require Federal employees to work without compensation or to 
     allow the use of volunteer services to displace or replace 
     Federal employees.
       ``(h) Treatment of Certain Contracts.--A contract entered 
     into by the Commission for the design or construction of the 
     World War II memorial is not a funding agreement as that term 
     is defined in section 201 of title 35.
       ``(i) Extension of Authority To Establish Memorial.--
     Notwithstanding section 10 of the Commemorative Works Act (40 
     U.S.C. 1010), the legislative authorization for the 
     construction of the World War II memorial contained in Public 
     Law 103-32 (107 Stat. 90) shall not expire until December 31, 
     2005.''.
       (2) The table of sections at the beginning of chapter 21 of 
     title 36, United States Code, is amended by adding at the end 
     the following new item:

``2113. World War II memorial in the District of Columbia.''.
       (b) Conforming Amendments.--Public Law 103-32 (107 Stat. 
     90) is amended by striking sections 3, 4, and 5.
       (c) Effect of Repeal of Current Memorial Fund.--Upon the 
     date of the enactment of this Act, the Secretary of the 
     Treasury shall transfer amounts in the fund created by 
     section 4(a) of Public Law 103-32 (107 Stat. 91) to the fund 
     created by section 2113 of title 36, United States Code, as 
     added by subsection (a).

     SEC. 313. 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. 314. 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 IV--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

     SEC. 401. TEMPORARY SERVICE OF CERTAIN JUDGES OF UNITED 
                   STATES COURT OF APPEALS FOR VETERANS CLAIMS 
                   UPON EXPIRATION OF THEIR TERMS OR RETIREMENT.

       (a) Authority for Temporary Service.--(1) Notwithstanding 
     subsection (c) of section 7253 of title 38, United States 
     Code, and subject to the provisions of this section, a judge 
     of the Court whose term on the Court expires in 2004 or 2005 
     and completes such term, or who retires from the Court under 
     section 7296(b)(1) of such title, may continue to serve on 
     the Court after the expiration of the judge's term or 
     retirement, as the case may be, without reappointment for 
     service on the Court under such section 7253.
       (2) A judge may continue to serve on the Court under 
     paragraph (1) only if the judge submits to the chief judge of 
     the Court written notice of an election to so serve 30 days 
     before the earlier of--
       (A) the expiration of the judge's term on the Court as 
     described in that paragraph; or
       (B) the date on which the judge meets the age and service 
     requirements for eligibility for retirement set forth in 
     section 7296(b)(1) of such title.
       (3) The total number of judges serving on the Court at any 
     one time, including the judges serving under this section, 
     may not exceed 7.
       (b) Period of Temporary Service.--(1) The service of a 
     judge on the Court under this section may continue until the 
     earlier of--
       (A) the date that is 30 days after the date on which the 
     chief judge of the Court submits to the President and 
     Congress a written certification based on the projected 
     caseload of the Court that the work of the Court can be 
     performed in a timely and efficient manner by judges of the 
     Court under this section who are senior on the Court to the 
     judge electing to continue to provide temporary service under 
     this section or without judges under this section; or
       (B) the date on which the person appointed to the position 
     on the Court occupied by the judge under this section is 
     qualified for the position.
       (2) Subsections (f) and (g) of section 7253 of title 38, 
     United States Code, shall apply with respect to the service 
     of a judge on the Court under this section.
       (c) Temporary Service in Other Positions.--(1) If on the 
     date that the person appointed to the position on the Court 
     occupied by a judge under this section is qualified another 
     position on the Court is vacant, the judge may serve in such 
     other position under this section.
       (2) If two or more judges seek to serve in a position on 
     the Court in accordance with paragraph (1), the judge senior 
     in service on the Court shall serve in the position under 
     that paragraph.
       (d) Compensation.--(1) Notwithstanding any other provision 
     of law, a person whose service as a judge of the Court 
     continues under this section shall be paid for the period of 
     service under this section an amount as follows:
       (A) In the case of a person eligible to receive retired pay 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or a retirement annuity under subchapter III of chapter 
     83 or subchapter II of chapter 84 of title 5, United States 
     Code, as applicable, an amount equal to one-half of the 
     amount of the current salary payable to a judge of the Court 
     under chapter 72 of title 38, United States Code, having a 
     status on the Court equivalent to the highest status on the 
     Court attained by the person.
       (B) In the case of a person not eligible to receive such 
     retired pay or such retirement annuity, an amount equal to 
     the amount of current salary payable to a judge of the Court 
     under such chapter 72 having a status on the Court equivalent 
     to the highest status on the Court attained by the person.
       (2) Amounts paid under this subsection to a person 
     described in paragraph (1)(A)--
       (A) shall not be treated as--
       (i) compensation for employment with the United States for 
     purposes of section 7296(e) of title 38, United States Code, 
     or any provision of title 5, United States Code, relating to 
     the receipt or forfeiture of retired pay or retirement 
     annuities by a person accepting compensation for employment 
     with the United States; or
       (ii) pay for purposes of deductions or contributions for or 
     on behalf of the person to retired pay under subchapter V of 
     chapter 72

[[Page 20860]]

     of title 38, United States Code, or under chapter 83 or 84 of 
     title 5, United States Code, as applicable; but
       (B) may, at the election of the person, be treated as pay 
     for purposes of deductions or contributions for or on behalf 
     of the person to a retirement or other annuity, or both, 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or under chapter 83 or 84 of title 5, United States 
     Code, as applicable.
       (3) Amounts paid under this subsection to a person 
     described in paragraph (1)(B) shall be treated as pay for 
     purposes of deductions or contributions for or on behalf of 
     the person to retired pay or a retirement or other annuity 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or under chapter 83 or 84 of title 5, United States 
     Code, as applicable.
       (4) Amounts paid under this subsection shall be derived 
     from amounts available for payment of salaries and benefits 
     of judges of the Court.
       (e) Creditable Service.--(1) The service as a judge of the 
     Court under this section of a person who makes an election 
     provided for under subsection (d)(2)(B) shall constitute 
     creditable service toward the judge's years of judicial 
     service for purposes of section 7297 of title 38, United 
     States Code, with such service creditable at a rate equal to 
     the rate at which such service would be creditable for such 
     purposes if served by a judge of the Court under chapter 72 
     of that title.
       (2) The service as a judge of the Court under this section 
     of a person paid salary under subsection (d)(1)(B) shall 
     constitute creditable service of the person toward retirement 
     under subchapter V of chapter 72 of title 38, United States 
     Code, or subchapter III of chapter 83 or subchapter II of 
     chapter 84 of title 5, United States Code, as applicable.
       (f) Eligibility for Additional Service.--The service of a 
     person as a judge of the Court under this section shall not 
     affect the eligibility of the person for appointment to an 
     additional term or terms on the Court, whether in the 
     position occupied by the person under this section or in 
     another position on the Court.
       (g) Treatment of Party Membership.--For purposes of 
     determining compliance with the last sentence of section 
     7253(b) of title 38, United States Code, the party membership 
     of a judge serving on the Court under this section shall not 
     be taken into account.

     SEC. 402. MODIFIED TERMS FOR CERTAIN JUDGES OF UNITED STATES 
                   COURT OF APPEALS FOR VETERANS CLAIMS.

       (a) Modified Terms.--Notwithstanding section 7253(c) of 
     title 38, United States Code, the term of any judge of the 
     Court who is appointed to a position on the Court that 
     becomes vacant in 2004 shall be 13 years.
       (b) Eligibility for Retirement.--(1) For purposes of 
     determining the eligibility to retire under section 7296 of 
     title 38, United States Code, of a judge appointed as 
     described in subsection (a)--
       (A) the age and service requirements in the table in 
     paragraph (2) shall apply to the judge instead of the age and 
     service requirements in the table in subsection (b)(1) of 
     that section that would otherwise apply to the judge; and
       (B) the minimum years of service applied to the judge for 
     eligibility to retire under the first sentence of subsection 
     (b)(2) of that section shall be 13 years instead of 15 years.
       (2) The age and service requirements in this paragraph are 
     as follows:

And the years of service as a judge are at least
  65...............................................................13  
  66...............................................................13  
  67...............................................................13  
  68...............................................................12  
  69...............................................................11  
  70...............................................................10  

     SEC. 403. TEMPORARY AUTHORITY FOR VOLUNTARY SEPARATION 
                   INCENTIVES FOR CERTAIN JUDGES ON UNITED STATES 
                   COURT OF APPEALS FOR VETERANS CLAIMS.

       (a) Temporary Authority.--A voluntary separation incentive 
     payment may be paid in accordance with this section to any 
     judge of the Court described in subsection (c).
       (b) Amount of Incentive Payment.--The amount of a voluntary 
     separation incentive payment paid to a judge under this 
     section shall be $25,000.
       (c) Covered Judges.--A voluntary separation incentive 
     payment may be paid under this section to any judge of the 
     Court who--
       (1) meets the age and service requirements for retirement 
     set forth in section 7296(b)(1) of title 38, United States 
     Code, as of the date on which the judge retires from the 
     Court;
       (2) submits a notice of an intent to retire in accordance 
     with subsection (d); and
       (3) retires from the Court under that section not later 
     than 30 days after the date on which the judge meets such age 
     and service requirements.
       (d) Notice of Intent to Retire.--(1) A judge of the Court 
     seeking payment of a voluntary separation incentive payment 
     under this section shall submit to the President and Congress 
     a timely notice of an intent to retire from the Court, 
     together with a request for payment of the voluntary 
     separation incentive payment.
       (2) A notice shall be timely submitted under paragraph (1) 
     only if submitted--
       (A) not later than one year before the date of retirement 
     of the judge concerned from the Court; or
       (B) in the case of a judge whose retirement from the Court 
     will occur less than one year after the date of the enactment 
     of this Act, not later than 30 days after the date of the 
     enactment of this Act.
       (e) Date of Payment.--A voluntary separation incentive 
     payment may be paid to a judge of the Court under this 
     section only upon the retirement of the judge from the Court.
       (f) Treatment of Payment.--A voluntary separation incentive 
     payment paid to a judge under this section shall not be 
     treated as pay for purposes of contributions for or on behalf 
     of the judge to retired pay or a retirement or other annuity 
     under subchapter V of chapter 72 of title 38, United States 
     Code.
       (g) Eligibility for Temporary Service on Court.--A judge 
     seeking payment of a voluntary separation incentive payment 
     under this section may serve on the Court under section 401 
     if eligible for such service under that section.
       (h) Source of Payments.--Amounts for voluntary separation 
     incentive payments under this section shall be derived from 
     amounts available for payment of salaries and benefits of 
     judges of the Court.
       (i) Expiration of Authority.--A voluntary separation 
     incentive payment may not be paid under this section to a 
     judge who retires from the Court after December 31, 2002.

     SEC. 404. DEFINITION.

       In this title, the term ``Court'' means the United States 
     Court of Appeals for Veterans Claims.

  The title was amended so as to read: ``A bill To amend title 38, 
United States Code, to enhance programs providing health care and other 
benefits for veterans, to authorize major medical facility projects, to 
reform eligibility for burial in Arlington National Cemetery, and for 
other purposes.''.

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