[Congressional Record (Bound Edition), Volume 145 (1999), Part 7]
[Senate]
[Pages 10204-10225]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. TORRICELLI (for himself and Mr. Wellstone):
  S. 1074. A bill to amend the Social Security Act to waive the 24-
month waiting period for medicare coverage of individuals with 
amyotrophic lateral sclerosis (ALS), and to provide medicare coverage 
of drugs and biologicals used for the treatment of ALS or for the 
alleviation of symptoms relating to ALS; to the Committee on Finance.


  AMYOTROPHIC LATERAL SCLEROSIS (ALS) TREATMENT AND ASSISTANCE ACT OF 
                                  1999

  Mr. TORRICELLI. Mr. President, I rise today to introduce legislation 
that will improve the lives of 30,000 Americans, 850 of whom live in my 
State of New Jersey, who are stricken with Amyotrophic Lateral 
Sclerosis (ALS).
  Many of us know Amyotrophic Lateral Sclerosis (ALS) as the disease 
that struck down the famed Yankees 1st baseman, Lou Gehrig, yet, few of 
us are aware of the tragic effects ALS has on its victims. Fewer still 
are aware of the inherent flaws in the Medicare program which further 
compound the suffering of those with ALS.
  Despite the short life expectancy of three to five years, ALS patents 
must endure a two year waiting period in order to receive Medicare 
services. Forcing ALS patients to wait until the final months of their 
illness defies common sense and human decency. In fact, as a result of 
the Medicare waiting period, approximately 17,000 ALS patients remain 
ineligible for Medicare services right now, regardless of the severity 
of their condition.
  My bill, the ALS Treatment, and Assistance Act waives the 24-month 
Medicare waiting period for ALS patients. A similar waiver is granted 
for victims of end-stage renal disease due to the rapid onset of 
symptoms. The immediacy of

[[Page 10205]]

symptoms in ALS patients and extremely short life expectancy illustrate 
the need to extend the waiver for ALS. In addition, many ALS victims 
have had productive lives and will have paid into the Social Security 
system well before the onset of ALS.
  The legislation also requires Medicare to provide coverage for all 
FDA-approved drugs that treat ALS. While Medicare typically does not 
provide coverage for prescription drug therapies, over the past few 
years, exceptions have been granted to provide drug coverage to treat 
osteoporosis and certain types of cancer. Due to the rapid onset of 
symptoms and the short life expectancy of ALS patients, the need for 
another exception is clear. In addition, expanding Medicare coverage 
for ALS therapies will stimulate further research.
  ALS is a disease that strikes at every community, with the potential 
for striking every American. No one is immune, and everyone is 
vulnerable. I am pleased to be joined by my colleague Senator Wellstone 
in introducing legislation that represents a first real step toward 
improving the quality of life for people with ALS while bringing us 
much closer to finding a cause and a cure.
  Mr. President, I ask at this time that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1074

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

     SECTION 1. SHORT TITLE; FINDINGS; PURPOSES.

       (a) Short Title.--This Act may be cited as the 
     ``Amyotrophic Lateral Sclerosis (ALS) Treatment and 
     Assistance Act of 1999''.
       (b) Findings.--Congress finds the following:
       (1) Amyotrophic Lateral Sclerosis (ALS), commonly known as 
     Lou Gehrig's Disease, is a progressive neuromuscular disease 
     characterized by a degeneration of the nerve cells of the 
     brain and spinal cord leading to the wasting of muscles, 
     paralysis, and eventual death.
       (2) Approximately 30,000 individuals in the United States 
     are afflicted with ALS at any time, with approximately 5,000 
     new cases appearing each year.
       (3) ALS usually strikes individuals who are 50 years of age 
     or older.
       (4) The life expectancy of an individual with ALS is 3 to 5 
     years from the time of diagnosis.
       (5) There is no known cure or cause for ALS.
       (6) Aggressive treatment of the symptoms of ALS can extend 
     the lives of those with the disease. Recent advances in ALS 
     research have produced promising leads, many related to 
     shared disease processes that appear to operate in many 
     neurodegenerative diseases.
       (c) Purposes.--It is the purposes of this Act--
       (1) to assist individuals suffering from ALS by waiving the 
     24-month waiting period for medicare eligibility on the basis 
     of disability for ALS patients; and
       (2) to provide medicare coverage of drugs and biologicals 
     used for the treatment of ALS or for the alleviation of 
     symptoms relating to ALS.

     SEC. 2. WAIVER OF 24-MONTH WAITING PERIOD FOR MEDICARE 
                   COVERAGE OF INDIVIDUALS DISABLED WITH 
                   AMYOTROPHIC LATERAL SCLEROSIS (ALS).

       (a) In General.--Section 226 of the Social Security Act (42 
     U.S.C. 426) is amended--
       (1) by redesignating subsection (h) as subsection (j) and 
     by moving such subsection to the end of the section; and
       (2) by inserting after subsection (g) the following:
       ``(h) For purposes of applying this section in the case of 
     an individual medically determined to have amyotrophic 
     lateral sclerosis (ALS), the following special rules apply:
       ``(1) Subsection (b) shall be applied as if there were no 
     requirement for any entitlement to benefits, or status, for a 
     period longer than 1 month.
       ``(2) The entitlement under such subsection shall begin 
     with the first month (rather than twenty-fifth month) of 
     entitlement or status.
       ``(3) Subsection (f) shall not be applied.''.
       (b) Conforming Amendment.--Section 1837 of such Act (42 
     U.S.C. 1395p) is amended by adding at the end the following:
       ``(j) In applying this section in the case of an individual 
     who is entitled to benefits under part A pursuant to the 
     operation of section 226(h), the following special rules 
     apply:
       ``(1) The initial enrollment period under subsection (d) 
     shall begin on the first day of the first month in which the 
     individual satisfies the requirement of section 1836(1).
       ``(2) In applying subsection (g)(1), the initial enrollment 
     period shall begin on the first day of the first month of 
     entitlement to disability insurance benefits referred to in 
     such subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to benefits for months beginning after the date 
     of the enactment of this Act.

     SEC. 3. MEDICARE COVERAGE OF DRUGS TO TREAT AMYOTROPHIC 
                   LATERAL SCLEROSIS (ALS).

       (a) In General.--Section 1861(s)(2) of the Social Security 
     Act (42 U.S.C. 1395x(s)(2)) is amended--
       (1) by striking ``and'' at the end of subparagraph (S);
       (2) by striking the period at the end of subparagraph (T) 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(U) any drug (which is approved by the Commissioner of 
     Food and Drugs under section 505 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 355)) or biological (which is 
     licensed by the Secretary of Health and Human Services under 
     section 351 of the Public Health Service Act (42 U.S.C. 262)) 
     prescribed for use in the treatment of amyotrophic lateral 
     sclerosis (ALS) or the alleviation of symptoms relating to 
     ALS.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to drugs furnished on or after the first day of 
     the first month beginning after the date of enactment of this 
     Act.
                                 ______
                                 
      By Mr. SPECTER:
  S. 1076. A bill to amend title 38, United States Code, to provide a 
cost-of-living adjustment in rates of compensation paid to veterans 
with service-connected disabilities, to enhance programs providing 
health care, education, and other benefits for veterans, to authorize 
major medical facility projects, to reform eligibility for burial in 
Arlington National Cemetery, and for other purposes; to the Committee 
on Veterans' Affairs.


                     veterans benefits act of 1999

  Mr. SPECTER. Mr. President, today I have introduced a major piece of 
veterans legislation, the proposed Veterans Benefits Act of 1999. This 
bill is a so-called omnibus measure which will serve as the basis, and 
the platform, for much of the legislative work to be accomplished this 
year by the Committee on Veterans' Affairs.
  In the past, the Committee on Veterans' Affairs has considered bills 
on a more piecemeal basis than is reflected in the larger bill that I 
have introduced today.
  In times past, the Committee on Veterans' Affairs has come to the 
Senate floor with numerous, separate bills to address the various 
matters that the committee typically faces: annual cost-of-living 
adjustments, reauthorizations of ``sunsetting'' programs and 
authorities, medical care reforms, non-medical benefits programs 
improvements, and the like. With the bill I have introduced today, I 
propose that such matters be folded into a single bill. That bill, 
then, will be the central focus of a major hearing.
  At that hearing, the committee will have the opportunity to hear the 
views of the Secretaries of Veterans Affairs and the Army; other senior 
VA officials, including the VA Under Secretaries who are responsible 
for VA's major operating entities; the major veterans service 
organizations (The American Legion, the VFW, the Disabled American 
Veterans, the Paralyzed Veterans of America, and AMVETS); unions 
representing the rank and file of VA employees; and, finally, 
associations representing VA's professional cadre of physicians, 
dentists, and nurses.
  By bringing all of the major issues to the fore at one time, and by 
bringing all of the interested parties together into one room at one 
time, I believe that the committee will be better positioned to advance 
this year's legislative agenda in an organized and systematic manner. 
Such an approach will not necessarily ease the work of the committee, 
or this body. It will, however, facilitate the placing of issues and 
initiatives into some order of priority.
  The need to recognize priorities has characterized the committee's 
approach to its work this year. During the first half of this year, the 
committee has devoted its attention almost entirely on the proposed 
fiscal year 2000 budget. As this body recognized when it ordered an 
increase in spending caps on veterans account spending in the fiscal 
year 2000 budget resolution, the Administration's proposal to keep the 
VA's health care

[[Page 10206]]

budget flat for the fourth straight year was clearly unacceptable. 
Congress ordered an increase of approximately 10 percent in that 
budget--an action that I, and the committee's ranking minority member, 
Senator Jay Rockefeller, were urging as early as last fall. We now must 
proceed through the appropriations process--a process that the 
Veterans' Affairs Committee, and the veterans service organizations, 
will watch very closely.
  Having heretofore focused principally on the budget, the committee 
will now turn to its authorizing business. The bill I introduced today 
opens, at title I, with the committee's first priority: the granting of 
cost-of-living adjustments to the cash benefits paid monthly by VA in 
the form of compensation to the 2.3 million veterans who have suffered 
service-connected disabilities, and benefits for 320,000 surviving 
spouses and children of veterans who have died in military service or 
due to service-related injuries and illnesses. Those who are disabled 
due to service rely on these benefits. They surely merit cost-of-living 
adjustments.
  My bill, secondly, proposes to increase by 13.6% the most valuable 
``readjustment'' benefit that is enjoyed--and earned--by the Nation's 
young veterans: their Montgomery GI bill educational assistance 
benefits. The ``blue ribbon'' Commission on Servicemembers and Veterans 
Transition Assistance made a number of recommendations on this point. 
Most notably, it cited the fact that, unlike times past, veterans' 
educational assistance benefits no longer come close to affording the 
veteran an opportunity to return to school on a full time basis after 
service. The Commission has recommended that, for new enlistees, VA pay 
full tuition benefits and, in addition, pay an allowance for books and 
fees and, finally, a monthly living stipend. The committee will 
consider this proposal further. In the meantime, however, it is 
appropriate for the committee to address what it might do to make 
higher education and other training opportunities available to persons 
who are in the service today. My bill would increase their benefits in 
recognition of the increased costs of education.
  In addition, this bill would make needed changes in statutory 
authorities under which VA health care is provided. At the outset, I 
note that the single largest unmet medical need faced by the World War 
II/Korea generation of veterans is quality long-term care. In addition 
to providing hospital care and, increasingly, outpatient-based clinical 
care, VA provides some nursing home care and other types of long term 
care. But VA hardly scratches the surface of demand for such care. The 
solution, of course, is funding--funding that has been surely 
deficient.
  VA funding problems must be addressed by the Appropriate Committee, a 
committee on which I am proud to serve. However, the authorizing 
committee, which I am proud to chair, has its role to play too. The 
authorizing committee can free VA from unnecessary legal strictures 
which impede its efficient delivery of care. Many such impediments were 
eliminated by recent ``eligibility reform'' legislation. Some, however, 
remain.
  For example, VA is now authorized to provide adult day health care 
services, services which help the veteran--and the taxpayer--by keeping 
potential patients out of hospitals and nursing homes. It can do so, 
however, only if the veteran in question was, first, a hospital or 
nursing home patient. Thus, VA caregivers have an incentive to 
hospitalize people so that they will be authorized to provide the type 
of care that will allow the patient to avoid hospitalization. To my way 
of thinking, this makes no sense.
  Similarly, VA is authorized to provide ``respite care,'' that is, 
short term care which frees the day-to-day care giver, typically an 
aging spouse, to attend to his or her needs. But VA can do so only 
within the four walls of a VA medical facility. Often, it is more 
effieient--and surely it is more convenient from the patient's and 
spouse's standpoint--for a respite care provider to go to the home of 
the patient, as opposed to requiring the patient to be brought into the 
hospital or long term care center. But VA is precluded by statute from 
providing respite care in the veteran's home, even when it is clearly 
in VA's and the patient's interests for it to do so. This, too, makes 
no sense to me. The bill I have introduced today would clear away these 
two impediments to the efficient delivery of VA care. Further, it would 
reauthorize current programs which have proved their worth.
  In the veterans benefits arena, one sensitive matter is now ripe for 
action. It is time, I think, for clear standards to be established for 
eligibility for burial in Arlington National Cemetery. And they should 
be set by Congress.
  Remarkably, standards governing eligibility for burial in Arlington 
have never been put into place by statute. Rather, they are purely a 
product of administrative fiat. Indeed, in one of the most highly 
sensitive areas--the granting of ``waivers'' to allow the burial of 
distinguished persons who are not otherwise eligible for burial in 
Arlington--there has never even been a formal rulemaking to guide 
cemetery officials. Rather, the granting of waivers has evolved on a 
purely customary, and ad hoc, basis.
  Dealing with waiver requests on an ad hoc basis gives rise, at best, 
to suspicion of improper influence. At worst, if fans fears of outright 
abuse of power. Now, I will not rehash a recent case where it was 
alleged--I think inaccurately--that Arlington burial rights were 
``sold'' to a political contributor. Suffice it to say, however, that 
when it comes to the most sacred of grounds, Arlington National 
Cemetery, there can be no suggestion whatsoever of improper influence. 
Surely, there are some honors that no amount of money or level of 
influence can buy. Perpetual rest in Arlington is clearly one of those 
honors.
  Mr. President, I could go on at considerable length, but many 
provisions of this bill speak for themselves. As I have noted, the 
Committee on Veterans' Affairs has not yet had hearings on these 
specific legislative proposals. Accordingly, they are still works in 
progress. But they are works in progress that I intend to advance 
sooner rather than later, by this summer at the latest. The Nation's 
veterans deserve that kind of attention, and they are getting it from 
the Committee on Veterans' Affairs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1076

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

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

Sec. 101. Short title.
Sec. 102. Increase in rates of disability compensation and dependency 
              and indemnity compensation.
Sec. 103. Publication of adjusted rates.

                Subtitle B--Compensation Rate Amendments

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

                     TITLE II--EDUCATIONAL BENEFITS

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

[[Page 10207]]

                        TITLE III--MEDICAL CARE

                       Subtitle A--Long-Term Care

Sec. 301. Adult day health care.
Sec. 302. In-home respite care services.

       Subtitle B--Management of Medical Facilities and Property

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

                     Subtitle C--Homeless Veterans

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

                Subtitle D--Other Health Care Provisions

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

 Subtitle E--Major Medical Facility Projects Construction Authorization

Sec. 341. Authorization of major medical facility projects.

                    TITLE IV--OTHER BENEFITS MATTERS

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

                       TITLE V--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

Sec. 501. Short title.
Sec. 502. Persons eligible for burial in Arlington National Cemetery.
Sec. 503. Persons eligible for placement in the columbarium in 
              Arlington National Cemetery.

                   Subtitle B--World War II Memorial

Sec. 511. Short title.
Sec. 512. Fund raising by American Battle Monuments Commission for 
              World War II memorial.
Sec. 513. General authority of American Battle Monuments Commission to 
              solicit and receive contributions.
Sec. 514. Intellectual property and related items.

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

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

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

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

            TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT

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

     SEC. 101. SHORT TITLE.

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

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

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

     SEC. 103. PUBLICATION OF ADJUSTED RATES.

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

                Subtitle B--Compensation Rate Amendments

     SEC. 111. DISABILITY COMPENSATION.

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

     SEC. 112. ADDITIONAL COMPENSATION FOR DEPENDENTS.

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

     SEC. 113. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.

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

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

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

  

[[Page 10208]]




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

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

     SEC. 115. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.

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

     SEC. 116. EFFECTIVE DATE.

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

                     TITLE II--EDUCATIONAL BENEFITS

     SEC. 201. SHORT TITLE.

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

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

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

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

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

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

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

     SEC. 205. ACCELERATED PAYMENTS OF BASIC EDUCATIONAL 
                   ASSISTANCE.

       Section 3014 is amended--
       (1) by inserting ``(a)'' before ``The Secretary''; and
       (2) by adding at the end the following new subsection:
       ``(b)(1) The Secretary may make payments of basic 
     educational assistance under this subchapter on an 
     accelerated basis.
       ``(2) The Secretary may pay basic educational assistance on 
     an accelerated basis under this subsection only to an 
     individual entitled to payment of such assistance under this 
     subchapter who has made a request for payment of such 
     assistance on an accelerated basis.
       ``(3) In the event an adjustment under section 3015(g) of 
     this title in the monthly rate of basic educational 
     assistance will occur during a period for which a payment of 
     such assistance is made on an accelerated basis under this 
     subsection, the Secretary shall pay on an accelerated basis 
     the amount of such assistance otherwise payable under this 
     subchapter for the period without regard to the adjustment 
     under that section.
       ``(4) The entitlement to basic educational assistance under 
     this subchapter of an individual who is paid such assistance 
     on an accelerated basis under this subsection shall be

[[Page 10209]]

     charged at a rate equal to one month for each month of the 
     period covered by the accelerated payment of such assistance.
       ``(5) Basic educational assistance shall be paid on an 
     accelerated basis under this subsection as follows:
       ``(A) In the case of assistance for a course leading to a 
     standard college degree, at the beginning of the quarter, 
     semester, or term of the course in a lump-sum amount 
     equivalent to the aggregate amount of monthly assistance 
     otherwise payable under this subchapter for the quarter, 
     semester, or term, as the case may be, of the course.
       ``(B) In the case of assistance for a course other than a 
     course referred to in subparagraph (A)--
       ``(i) at the later of (I) the beginning of the course, or 
     (II) a reasonable time after the request for payment by the 
     individual concerned; and
       ``(ii) in any amount requested by the individual concerned 
     within the limit, if any, specified in the regulations 
     prescribed by the Secretary under paragraph (6), with such 
     limit not to exceed the aggregate amount of monthly 
     assistance otherwise payable under this subchapter for the 
     period of the course.
       ``(6) The Secretary shall prescribe regulations for 
     purposes of making payments of basic educational assistance 
     on an accelerated basis under this subsection. Such 
     regulations shall include requirements relating to the 
     request for, making and delivery of, and receipt and use of 
     such payments and may include a limit on the amount payable 
     for a course under paragraph (5)(B)(ii).''.

                        TITLE III--MEDICAL CARE

                       Subtitle A--Long-Term Care

     SEC. 301. ADULT DAY HEALTH CARE.

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

     SEC. 302. IN-HOME RESPITE CARE SERVICES.

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

       Subtitle B--Management of Medical Facilities and Property

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

       (a) Temporary Flexibility in Disposal.--(1) Chapter 81 is 
     amended by inserting after section 8122 the following new 
     section:

     ``Sec. 8122A. Disposal of real property: temporary 
       flexibility in disposal

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

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

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

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

                     Subtitle C--Homeless Veterans

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

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

     SEC. 322. HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS.

       (a) Purposes of Grants.--Section 3(a) of the Homeless 
     Veterans Comprehensive Service Programs Act of 1992 (38 
     U.S.C. 7721 note)

[[Page 10210]]

     is amended by inserting ``, and expanding existing programs 
     for furnishing,'' after ``new programs to furnish''.
       (b) Authorization of Appropriations.--Section 12 of that 
     Act (38 U.S.C. 7721 note) is amended in the first sentence by 
     inserting ``and $50,000,000 for each of fiscal years 2000 and 
     2001'' after ``for fiscal years 1993 through 1997''.

     SEC. 323. AUTHORIZATIONS OF APPROPRIATIONS FOR HOMELESS 
                   VETERANS' REINTEGRATION PROJECTS.

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

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

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

                Subtitle D--Other Health Care Provisions

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

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

     SEC. 332. ALLOCATION TO DEPARTMENT OF VETERANS AFFAIRS HEALTH 
                   CARE FACILITIES OF AMOUNTS IN MEDICAL CARE 
                   COLLECTIONS FUND.

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

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

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

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

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

 Subtitle E--Major Medical Facility Projects Construction Authorization

     SEC. 341. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

       (a) In General.--The Secretary of Veterans Affairs may 
     carry out the following major medical facility projects, with 
     reach project to be carried out in the amount specified for 
     that project:
       (1) Construction of a long term care facility at the 
     Department of Veterans Affairs Medical Center, Lebanon, 
     Pennsylvania, in an amount not to exceed $14,500,000.
       (2) Renovations and environmental improvements at the 
     Department of Veterans Affairs Medical Center, Fargo, North 
     Dakota, in an amount not to exceed $12,000,000.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of Veterans Affairs for fiscal year 2000 for 
     the Construction, Major Projects, Account $200,100,000 for 
     the projects authorized in subsection (a) and for the 
     continuation of projects authorized in section 701(a) of the 
     Veterans Programs Enhancement Act of 1998 (Public Law 105-
     368; 112 Stat. 3348).
       (2) Limitation on fiscal year 2000 projects.--The projects 
     authorized in subsection (a) may only be carried out using--
       (A) funds appropriated for fiscal year 2000 pursuant to the 
     authorizations of appropriations in subsection (a);
       (B) funds appropriated for Construction, Major Projects, 
     for a fiscal year before fiscal year 2000 that remain 
     available for obligation; and
       (C) funds appropriated for Construction, Major Projects, 
     for fiscal year 2000 for a category of activity not specific 
     to a project.
       (c) Availability of Funds for Fiscal Year 1999 Projects.--
     Section 703(b)(1) of the Veterans Programs Enhancement Act of 
     1998 (112 Stat. 3349) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) funds appropriated for fiscal year 2000 pursuant to 
     the authorization of appropriations in section 341(b)(1) of 
     the Veterans Benefits Act of 1999;''.

                    TITLE IV--OTHER BENEFITS MATTERS

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

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

     SEC. 402. EXTENSION OF AUTHORITY TO MAINTAIN A REGIONAL 
                   OFFICE IN THE REPUBLIC OF THE PHILIPPINES.

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

[[Page 10211]]



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

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

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

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

     SEC. 405. CLARIFICATION OF VETERANS EMPLOYMENT OPPORTUNITIES.

       (a) Clarification.--Section 3304(f) of title 5, United 
     States Code, is amended--
       (1) by striking paragraph (4);
       (2) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) If selected, a preference eligible or veteran 
     described in paragraph (1) shall acquire competitive status 
     and shall receive a career or career-conditional appointment, 
     as appropriate.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the amendment made to 
     section 3304 of title 5, United States Code, by section 2 of 
     the Veterans Employment Opportunities Act of 1998 (Public Law 
     105-339; 112 Stat. 3182), to which such amendments relate.

                       TITLE V--MEMORIAL AFFAIRS

                Subtitle A--Arlington National Cemetery

     SEC. 501. SHORT TITLE.

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

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

       (a) In General.--(1) Chapter 24 is amended by adding at the 
     end the following new section:

     ``Sec. 2412. Arlington National Cemetery: persons eligible 
       for burial

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

[[Page 10212]]

       ``(C) any member of a reserve component of the Armed Forces 
     who has served on active duty and who has received notice 
     from the Secretary concerned under section 12731(d) of title 
     10 of eligibility for retired pay under chapter 1223 of title 
     10.
       ``(2) The term `former member of the Armed Forces' includes 
     a person whose service is considered active duty service 
     pursuant to a determination of the Secretary of Defense under 
     section 401 of Public Law 95-202 (38 U.S.C. 106 note).
       ``(3) The term `Superintendent' means the Superintendent of 
     Arlington National Cemetery.''.
       (2) The table of sections at the beginning of chapter 24 is 
     amended by adding at the end the following new item:

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

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

       (a) In General.--(1) Chapter 24 is amended by adding after 
     section 2412, as added by section 501(a)(1) of this Act, the 
     following new section:

     ``Sec. 2413. Arlington National Cemetery: persons eligible 
       for placement in columbarium

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

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

                   Subtitle B--World War II Memorial

     SEC. 511. SHORT TITLE.

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

     SEC. 512. FUND RAISING BY AMERICAN BATTLE MONUMENTS 
                   COMMISSION FOR WORLD WAR II MEMORIAL.

       (a) Codification of Existing Authority; Expansion of 
     Authority.--(1) Chapter 21 of title 36, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 2113. World War II memorial in the District of 
       Columbia

       ``(a) Definitions.--In this section:
       ``(1) The term `World War II memorial' means the memorial 
     authorized by Public Law 103-32 (107 Stat. 90) to be 
     established by the American Battle Monuments Commission on 
     Federal land in the District of Columbia or its environs to 
     honor members of the Armed Forces who served in World War II 
     and to commemorate the participation of the United States in 
     that war.
       ``(2) The term `Commission' means the American Battle 
     Monuments Commission.
       ``(3) The term `memorial fund' means the fund created by 
     subsection (c).
       ``(b) Solicitation and Acceptance of Contributions.--
     Consistent with the authority of the Commission under section 
     2103(e) of this title, the Commission shall solicit and 
     accept contributions for the World War II memorial.
       ``(c) Creation of Memorial Fund.--(1) There is hereby 
     created in the Treasury a fund for the World War II memorial, 
     which shall consist of the following:
       ``(A) Amounts deposited, and interest and proceeds 
     credited, under paragraph (2).
       ``(B) Obligations obtained under paragraph (3).
       ``(C) The amount of surcharges paid to the Commission for 
     the World War II memorial under the World War II 50th 
     Anniversary Commemorative Coins Act.
       ``(D) Amounts borrowed using the authority provided under 
     subsection (e).
       ``(E) Any funds received by the Commission under section 
     2103(l) of this title in exchange for use of, or the right to 
     use, any mark, copyright or patent.
       ``(2) The Chairman of the Commission shall deposit in the 
     memorial fund the amounts accepted as contributions under 
     subsection (b). The Secretary of the Treasury shall credit to 
     the memorial fund the interest on, and the proceeds from sale 
     or redemption of, obligations held in the memorial fund.
       ``(3) The Secretary of the Treasury shall invest any 
     portion of the memorial fund that, as determined by the 
     Chairman of the Commission, is not required to meet current 
     expenses. Each investment shall be made in an interest 
     bearing obligation of the United States or an obligation 
     guaranteed as to principal and interest by the United States 
     that, as determined by the Chairman of the Commission, has a 
     maturity suitable for the memorial fund.
       ``(d) Use of Memorial Fund.--The memorial fund shall be 
     available to the Commission for--
       ``(1) the expenses of establishing the World War II 
     memorial, including the maintenance and preservation amount 
     provided for in section 8(b) of the Commemorative Works Act 
     (40 U.S.C. 1008(b));
       ``(2) such other expenses, other than routine maintenance, 
     with respect to the World War II memorial as the Commission 
     considers warranted; and
       ``(3) to secure, obtain, register, enforce, protect, and 
     license any mark, copyright or patent that is owned by, 
     assigned to, or licensed to the Commission under section 
     2103(l) of this title to aid or facilitate the construction 
     of the World War II memorial.
       ``(e) Special Borrowing Authority.--(1) To assure that 
     groundbreaking, construction, and dedication of the World War 
     II memorial are completed on a timely basis, the Commission 
     may borrow money from the Treasury of the United States in 
     such amounts as the Commission considers necessary, but not 
     to exceed a total of $65,000,000. Borrowed amounts shall bear 
     interest at a rate determined by the Secretary of the 
     Treasury, taking into consideration the average market yield 
     on outstanding marketable obligations of the United States of 
     comparable maturities during the month preceding the month in 
     which the obligations of the Commission are issued. The 
     interest payments on such obligations may be deferred with 
     the approval of the Secretary of the Treasury, but any 
     interest payment so deferred shall also bear interest.
       ``(2) The borrowing of money by the Commission under 
     paragraph (1) shall be subject to such maturities, terms, and 
     conditions as may be agreed upon by the Commission and the 
     Secretary of the Treasury, except that the maturities may not 
     exceed 20 years and such borrowings may be redeemable at the 
     option of the Commission before maturity.
       ``(3) The obligations of the Commission shall be issued in 
     amounts and at prices approved by the Secretary of the 
     Treasury. The authority of the Commission to issue 
     obligations under this subsection shall remain available 
     without fiscal year limitation. The Secretary of the Treasury 
     shall purchase any obligations of the Commission to be issued 
     under this subsection, and for such purpose the Secretary of 
     the Treasury may use as a public debt transaction of the 
     United States the proceeds from the sale of any securities 
     issued under chapter 31 of title 31. The purposes for which 
     securities may be issued under such chapter are extended to 
     include any purchase of the Commission's obligations under 
     this subsection.
       ``(4) Repayment of the interest and principal on any funds 
     borrowed by the Commission under paragraph (1) shall be made 
     from amounts in the memorial fund. The Commission may not use 
     for such purpose any funds appropriated for any other 
     activities of the Commission.
       ``(f) Treatment of Borrowing Authority.--In determining 
     whether the Commission has sufficient funds to complete 
     construction of the World War II memorial, as required by 
     section 8 of the Commemorative Works Act (40 U.S.C. 1008), 
     the Secretary of the Interior shall consider the funds that 
     the Commission may borrow from the Treasury under subsection 
     (e) as funds available to complete construction of the 
     memorial, whether or not the Commission has actually 
     exercised the authority to borrow such funds.
       ``(g) Voluntary Services.--(1) Notwithstanding section 1342 
     of title 31, the Commission may accept from any person 
     voluntary services to be provided in furtherance of the fund-
     raising activities of the Commission relating to the World 
     War II memorial.
       ``(2) A person providing voluntary services under this 
     subsection shall be considered to be a Federal employee for 
     purposes of chapter 81 of title 5, relating to compensation 
     for work-related injuries, and chapter 171 of title 28, 
     relating to tort claims. A volunteer who is not otherwise 
     employed by the Federal Government shall not be considered to 
     be a Federal employee for any other purpose by reason of the 
     provision of such voluntary

[[Page 10213]]

     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 funding agreement as that term 
     is defined in section 201 of title 35.
       ``(i) Extension of Authority to Establish Memorial.--
     Notwithstanding section 10 of the Commemorative Works Act (40 
     U.S.C. 1010), the legislative authorization for the 
     construction of the World War II memorial contained in Public 
     Law 103-32 (107 Stat. 90) shall not expire until December 31, 
     2005.''.
       (2) The table of sections at the beginning of chapter 21 of 
     title 36, United States Code, is amended by adding at the end 
     the following new item:

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

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

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

     SEC. 514. INTELLECTUAL PROPERTY AND RELATED ITEMS.

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

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

     SEC. 601. STAGGERED RETIREMENT OF JUDGES.

       (a) Staggered Eligibility for Early Retirement.--
     Notwithstanding section 7296 of title 38, United States Code, 
     judges of the United States Court of Appeals for Veterans 
     Claims described in subsection (b) shall be eligible to 
     retire from the Court without regard to the actual date of 
     expiration of their terms as judges of the Court, as follows:
       (1) One individual in 2001.
       (2) Two individuals in each of 2002 and 2003.
       (b) Covered Judges.--A judge of the United States Court of 
     Appeals for Veterans Claims is eligible to retire under this 
     section if at the time of retirement the judge--
       (1) is an associate judge of the Court who has at least 10 
     years of service on the Court creditable under section 7296 
     of title 38, United States Code;
       (2) has made an election to receive retired pay under 
     section 7296 of such title;
       (3) has at least 20 years of service allowable under 
     section 7297(l) of such title;
       (4) is at least fifty-five years of age;
       (5) has years of age, years of service creditable under 
     section 7296 of such title, and years of service allowable 
     under section 7297(l) of such title not creditable under 
     section 7296 of such title that total at least 80; and
       (6) either--
       (A) is the most senior associate judge of the Court to 
     submit notice of an election to retire under subsection (c) 
     in 2001; or
       (B) is one of the two most senior associate judges of the 
     Court to submit notice of an election to retire under that 
     subsection in 2002 or 2003, as applicable.
       (c) Election of Intent to Retire.--(1) A judge seeking to 
     retire under this section shall submit to the President and 
     the chief judge of the United States Court of Appeals for 
     Veterans Claims written notice of an election to so retire 
     not later than April 1 of the year in which the judge seeks 
     to so retire.
       (2) A notice of election to retire under this subsection 
     for a judge shall specify the retirement date of the judge. 
     That date shall meet the requirements for a retirement date 
     set forth in subsection (d)(1).
       (3) An election to retire under this section, if accepted 
     by the President, is irrevocable.
       (d) Retirement.--(1) A judge whose election to retire under 
     this section is accepted shall retire in the year in which 
     notice of the judge's election to retire is submitted under 
     subsection (c)(1). The retirement date shall be not later 
     than 90 days after the date of the submittal of the election 
     to retire under that subsection.
       (2)(A) Notwithstanding any other provision of law and 
     except as provided in subparagraph (B), a judge retiring 
     under this section shall be deemed to have retired under 
     section 7296(b)(1) of title 38, United States Code.
       (B) The rate of retired pay for a judge retiring under this 
     section shall, as of the date of such judge's retirement, be 
     equal to the rate of retired pay otherwise applicable to the 
     judge under section 7296(c)(1) of such title as of such date 
     multiplied by the fraction in which--
       (i) the numerator is the sum of the number of the judge's 
     years of service as a judge of the United States Court of 
     Appeals for Veterans Claims creditable under section 7296 of 
     such title and the age of such judge; and
       (ii) the denominator is 80.
       (e) Duty of Actuary.--Section 7298(e)(2) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by insert after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) For purposes of subparagraph (B) of this paragraph, 
     the term `present value' includes a value determined by an 
     actuary with respect to a payment that may be made under 
     subsection (b) from the retirement fund within the 
     contemplation of law.''.

     SEC. 602. RECALL OF RETIRED JUDGES.

       (a) In General.--Subchapter I of chapter 72 is amended by 
     inserting after section 7254 the following new section:

     ``Sec. 7254a. Recall of retired judges

       ``(a) The chief judge of the United States Court of Appeals 
     for Veterans Claims may recall to the Court any individual 
     described in subsection (b) if--
       ``(1) a vacancy exists in a position of associate judge of 
     the Court; or
       ``(2) the chief judge determines that the recall is 
     necessary to meet the anticipated case work of the Court.
       ``(b) An individual eligible for recall to the Court under 
     this section is any individual who--
       ``(1) has retired as a judge of the Court under the 
     provisions of section 7296 of this title or the provisions of 
     chapter 83 or 84 of title 5, as applicable; and
       ``(2) has submitted to the chief judge of the Court a 
     notice of election to be so recalled.
       ``(c)(1) Upon determining to recall an individual to the 
     Court under this section, the chief judge shall certify in 
     writing to the President that--
       ``(A) the individual to be recalled is needed to perform 
     substantial service for the Court; and
       ``(B) such service is required for a specified period of 
     time.
       ``(2) The chief judge shall provide a copy of any 
     certification submitted to the President under paragraph (1) 
     to the Committees on Veterans' Affairs of the Senate and 
     House of Representatives.
       ``(3)(A) An individual may be recalled to the Court under 
     this section only with the written consent of the individual.

[[Page 10214]]

       ``(B) The individual shall be recalled only for the period 
     of time specified in the certification with respect to the 
     individual under paragraph (1).
       ``(d) An individual recalled to the Court under this 
     section may exercise all of the powers and duties of office 
     of a judge of the Court in active service on the Court.
       ``(e)(1) An individual recalled to the Court under this 
     section shall, during the period for which the individual 
     serves in recall status under this section, be paid pay at a 
     rate equivalent to the rate of pay in effect under section 
     7253(e)(2) of this title for a judge serving on the Court 
     minus the amount of retired pay paid to the individual under 
     section 7296 of this title or of an annuity under the 
     provisions of chapter 83 or 84 of title 5, as applicable.
       ``(2) Amounts paid an individual under this subsection 
     shall not be treated as compensation for employment with the 
     United States for purposes of section 7296(e) of this title 
     or any provision of title 5 relating to the receipt or 
     forfeiture of retired pay or retirement annuities by a person 
     accepting compensation for employment with the United States.
       ``(f)(1) Except as provided in subsection (e), an 
     individual recalled to the Court under this section who 
     retired under the applicable provisions of title 5 shall be 
     considered to be a reemployed annuitant under chapter 83 or 
     84 of title 5, as applicable.
       ``(2) Nothing in this section shall affect the right of an 
     individual who retired under the provisions of chapter 83 or 
     84 of title 5 to serve otherwise as a reemployed annuitant in 
     accordance with the provisions of title 5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 72 is amended by inserting after the 
     item relating to section 7254 the following new item:

``7254a. Recall of retired judges.''.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Mr. Byrd, Mr. Kennedy, Mr. Inouye, 
        Mr. Roth, Mr. Leahy, Mr. Chafee, Mr. Warner, Mr. Levin, Mr. 
        Dodd, Mr. Lautenberg, Mr. Bingaman, Mr. Kerry, Mr. Reid, Mr. 
        Bryan, Mr. Robb, Mr. Lieberman, Mrs. Boxer, Mr. Wyden, Mr. 
        Torricelli, and Mr. Bayh):
  S. 1077. A bill to dedicate the new Amtrak station in New York, New 
York, to Senator Daniel Patrick Moynihan; to the Committee on 
Environment and Public Works.


                    Daniel Patrick Moynihan Station

  Mr. SCHUMER. Mr. President, I rise today to introduce a bill to name 
the new train station at the James A. Farley Post Office Building, 
which sits across the street from Pennsylvania Station in Manhattan, 
after my esteemed colleague and tireless champion of this project, 
Senator Daniel Patrick Moynihan.
  It is an especially fitting tribute to offer this bill today as 
President Bill Clinton, Governor George Pataki, Mayor Rudolph Giuliani, 
Transportation Secretary Rodney Slater, Postmaster General William 
Henderson and Senator Moynihan all gathered this morning at the Farley 
Building to officially unveil the magnificent new station plan, 
designed by the celebrated architect David Childs of Skidmore, Owings & 
Merrill. I am deeply sorry that I could not attend that event, which I 
understand was a success in every way, but other matters called me here 
to the floor.
  First, let me praise the vision and determination of my dear friend, 
the senior Senator from New York. In 1963, long before he was a Senator 
and, in fact, when I was 12 years old Pat Moynihan was one of a group 
of prescient New Yorkers who protested the tragic razing of our City's 
spectacular Pennsylvania Station--a glorious public building designed 
by the nation's premier architectural firm of the time, McKim, Mead & 
White.
  It was Pat Moynihan who recognized years ago that across the street 
from what is now a sad basement terminal that functions--barely--as New 
York City's train station, sits the James A. Farley Post Office 
Building, built by the same architects in much the same grand design as 
the old Penn Station. Pat Moynihan recognized that since the very same 
railroad tracks that run under the current Penn Station also run 
beneath the Farley Building, we could use the Farley Building to once 
again create a train station worthy of our great city. He then 
tirelessly did the impossible--persuaded New York City, New York State, 
the U.S. Postal Service, the U.S. Department of Transportation, Amtrak, 
Congressional Appropriators, and the President himself, to commit to 
making this project succeed. No mean feat, I assure you. In a day, 
particularly in our city, when grand public works often get bugged down 
in fighting and court suits, it is a tribute to Senator Moynihan that 
not only did he have the vision to see the station, but he also had the 
muscle and legislative skill to see it through.
  This past Sunday, Herbert Muschamp, the noted New York Times 
architecture critic praised Childs' design, which brilliantly fuses the 
classical elements of the Farley Building with a dramatic, light-filled 
concourse and a spectacular new ticketing area. Muschamp adds: ``In an 
era better known for the decrepitude of its infrastructure than for 
inspiring new visions of the city's future, the plan comes as proof 
that New York can still undertake major public works. This is the most 
important transportation project undertaken in New York City in several 
generations.'' We have Pat Moynihan to thank.
  That Senator Moynihan would be responsible for the success of this 
project is no surprise. His passion for and dedication to public 
architecture is well known and dates back to his days as a young aide 
to President Kennedy, who, right before his death, tasked Moynihan with 
restoring Pennsylvania Avenue here in Washington.
  Moynihan succeeded brilliantly in his task, with the final piece of 
Pennsylvania Avenue--the Ronald Reagan Building and International Trade 
Center--unveiled one year ago and instantly hailed as one of the best 
new buildings to grace the Capital. Moynihan has another renowned 
Federal building to his credit--the Thurgood Marshall Judiciary 
Building, which provides such a beautiful companion to Union Station 
and the Old Post Office.
  In New York City, Moynihan has been an equally tireless architectural 
champion, responsible for the restoration of the spectacular Beaux-Arts 
Custom House at Bowling Green and for the construction of a grand new 
Federal Courthouse at Foley Square. Moynihan is beloved in Buffalo for 
reawakening that city's appreciation for its architectural heritage, 
which includes Frank Lloyd Wright houses and the Prudential Building, 
one of the best-known early American skyscrapers by the architect Louis 
Sullivan--a building which Moynihan helped restore and then chose as 
his Buffalo office. When he first came to Buffalo he told me that 
nowhere else in America had the three greatest American architects of 
the 20th century, Frank Lloyd Wright, Henry Richardson and Louis 
Sullivan, had buildings standing near one another.
  He has also spurred a popular movement in Buffalo to build a new 
signature Peace Bridge.
  So my colleagues, it is altogether fitting and appropriate that this 
new Penn Station be named in honor of our distinguished senior Senator 
from New York, someone who is my friend and who I wish was staying in 
the Senate for a longer period of time--someone I will dearly miss. It 
is an honor to stand here and offer this tribute to such an uncommon 
man, because Senator Moynihan himself is indeed a national treasure.
  Truly, the epitaph given to Sir Christopher Wren, designer of St. 
Paul's Cathedral in London, is fitting for Senator Moynihan. If my 
colleagues will pardon my pronunciation, for my Latin isn't that good: 
``Si Monumentum Requiris Circumspice,'' ``If you would see the man's 
monument, look around.
  I join my fellow New Yorkers in anxiously awaiting the day when we 
arrive at the glorious Daniel Patrick Moynihan Station.
  Mr. President, I ask unanimous consent the text of this bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1077

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

     SECTION 1. DESIGNATION OF DANIEL PATRICK MOYNIHAN STATION.

       The Amtrak station to be constructed in the James A. Farley 
     Post Office Building in New York, New York, shall be known 
     and designated as the ``Daniel Patrick Moynihan Station''.

[[Page 10215]]



     SEC. 2. REFERENCES.

       Any reference in a law, map, regulation, document, paper, 
     or other record of the United States to the Amtrak station 
     referred to in section 1 shall be deemed to be a reference to 
     the ``Daniel Patrick Moynihan Station''.

  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I compliment the distinguished Senator from 
New York. I did not hear a word I disagreed with. I only wish to hear 
it amplified throughout the Nation.
  I ask unanimous consent I be listed as a cosponsor.
  The PRESIDING OFFICER. The Senator from West Virginia.
  Mr. BYRD. Mr. President, would the Senator yield briefly that I might 
compliment him?
  Mr. SCHUMER. I am delighted to yield to my distinguished senior 
colleague from West Virginia.
  Mr. BYRD. Would he mind if I asked to be a cosponsor of this 
resolution?
  Mr. SCHUMER. I will be honored and delighted, as I know Senator 
Moynihan will be.
  Mr. BYRD. Because Senator Moynihan is truly a man of eloquence and 
wit and vision and grace. We are going to miss him. He has been a 
powerful influence in this Senate. He has served in the executive 
branch, served with brilliance and with honor. And, like Christopher 
Wren--``if you would see his monument, look about you''--Senator 
Moynihan leaves many monuments. Perhaps the greatest monument of all is 
that mark he has left upon the hearts of his colleagues who will miss 
him and his powerful influence, his wisdom, his vision, when he has 
left this Senate.
  I congratulate the Senator on offering this resolution. I will be 
very grateful if he will allow me to be a cosponsor. It is one of the 
least things I can do to honor my colleague, one whom I love, one whom 
I revere, one whom I respect, and one who has shown himself to be a 
leader in this Senate.
  I thank the Senator.
  Mr. SCHUMER. I thank the Senator from West Virginia.
  Mr. LAUTENBERG. Mr. President, may I be recognized to join in this 
tribute?
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. LAUTENBERG. Mr. President, I want to say to our fairly new 
colleague from New York that he could not have picked an issue upon 
which he could get more solid agreement. One does not have to be a 
Democrat or an easterner or have any special connection to respect and 
to so greatly appreciate the contributions made by Senator Daniel 
Patrick Moynihan.
  He had this capacity--I know, since we served together on the 
Environment Committee--not unlike, in many ways, the senior Senator 
from West Virginia, and that was to bring their respective knowledge to 
a discussion or debate or to a hearing, that--I speak for myself--would 
make me sit up and take notice. I felt transported from this white-
haired, wizened old face to a college student again and remembered how 
much I enjoyed some of the classes I attended where we had a professor, 
an instructor who conveyed the message in an interesting form, not just 
the statistics or the parameters of the particular discussion.
  So it is with Pat Moynihan. Any of us who have spent any time with 
Pat have always been amazed at the abundance of knowledge he has, 
whether we were talking about the New York State canal system or 
whether we were talking about the highway system or the developments in 
the Indian Ocean or you name the subject. No matter how impromptu or 
how unexpected the discussion, Pat Moynihan always has the capacity to 
discuss the subject intelligently and deeply.
  Any tribute that we give to this man is not fair compensation for 
that which he has given this country and has given this body. His 
abundance of gifts to us are so profound that many years from now they 
will still be talking about those of greatness who graced this Chamber 
and Pat Moynihan will be one of those without a doubt.
  I am pleased to call him my friend. I hope since we live in such 
close proximity, our representation of New York and New Jersey, that 
there will be tributes and testimonies to his contribution. He is a 
self-effacing fellow. He does not like to hear a bunch of compliments, 
but we are not going to let him get away with that now.
  I commend my colleague, the junior Senator from New York, for his 
wisdom and his thought in bringing this to us.
                                 ______
                                 
      By Mr. MACK (for himself, Mr. Kohl, and Mr. Grassley):
  S. 1079. A bill to amend the Internal Revenue Code of 1986 to 
increase the deductibility of business meal expenses for individuals 
subject to Federal hours of service; to the Committee on Finance.


                            tax legislation

  Mr. MACK. Mr. President, two years ago in the Taxpayer Relief Act of 
1997, we included a provision to correct an unfair and unsound tax 
policy of the Clinton Administration concerning business meal 
deductions. The 1993 Clinton tax increases included a reduction in the 
percentage of business meal expenses that could be deducted, from 80 
percent down to 50 percent. The Administration marketed this as an 
attack on the ``three martini lunch,'' but the tax increase was in fact 
a big blow to the wallets and pocketbooks of working class Americans 
whose jobs require them to be stranded far from home.
  Workers who are covered by federal ``hours of service'' regulations--
long-haul truckers, airline flight attendants and pilots, long distance 
bus drivers, some merchant mariners and railroad workers--have no 
choice but to eat their meals on the road. Their meal expenses are a 
necessary and unavoidable part of their jobs. The Clinton 
Administration's business meal tax increase hit these occupations hard. 
For the average trucker, making between $32,000 and $36,000 annually, 
this tax increase might be greater than $1,000 per year. This is a lot 
of money to these hard-working taxpayers.
  Congress addressed this inequity in 1997, passing a provision that 
would gradually raise the meal deduction percentage back to 80 percent 
for these workers. But a slow, gradual fix is not good enough. Today, 
Senator Kohl, Senator Grassley, and I are introducing a bill that would 
immediately restore the 80 percent deduction for truckers, flight 
crews, and other workers limited by the federal ``hours of service'' 
regulations.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1079

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

     SECTION 1. INCREASED DEDUCTIBILITY OF BUSINESS MEAL EXPENSES 
                   FOR INDIVIDUALS SUBJECT TO FEDERAL LIMITATIONS 
                   ON HOURS OF SERVICE.

       (a) In General.--Paragraph (3) of section 274(n) of the 
     Internal Revenue Code of 1986 (relating to only 50 percent of 
     meal and entertainment expenses allowed as deduction) is 
     amended to read as follows:
       ``(3) Special rule for individuals subject to federal hours 
     of service.--In the case of any expenses for food or 
     beverages consumed while away from home (within the meaning 
     of section 162(a)(2)) by an individual during, or incident 
     to, the period of duty subject to the hours of service 
     limitations of the Department of Transportation, paragraph 
     (1) shall be applied by substituting `80 percent' for `50 
     percent'.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     1999.
                                 ______
                                 
      By Mr. TORRICELLI (for himself, Mr. Schumer, and Mr. Durbin):
  S. 1080. A bill to amend title 18, United States Code, to prohibit 
gunrunning and provide mandatory minimum penalties for crimes related 
to gunrunning; to the Committee on the Judiciary.


                        gun kingpin penalty act

  Mr. TORRICELLI. Mr. President, I rise today, along with my colleagues 
from New York and Illinois, Senator Schumer and Senator Durbin, to 
introduce the Gun Kingpin Penalty Act of 1999. In introducing this 
bill, we hope that our colleagues will soon join us in sending a clear 
and strong signal to gunrunners--your actions will no longer be 
tolerated.

[[Page 10216]]

  Mr. President, recent numbers gathered by the Bureau of Alcohol, 
Tobacco and Firearms clearly demonstrate what many of us already knew 
all too well--several of our nation's highways have become pipelines 
for merchants of death who deal in illegal firearms.
  My own State of New Jersey is proud to have some of the toughest gun 
control laws in the nation. But for far too long, the courageous 
efforts of New Jersey citizens in enacting these tough laws have been 
weakened by out of state gunrunners who treat our State like their own 
personal retail outlet.
  We learned from the ATF data that in 1996, New Jersey exported fewer 
guns used in crimes, per capita, than any other state--less than one 
gun per 100,000 residents, or 75 total guns. Meanwhile, an incredible 
number of guns used to commit crimes in New Jersey last year came from 
out of state--944 guns were imported and used to commit crimes compared 
to only 75 exported--a net import of 869 illegal guns used to commit 
crimes against the people of New Jersey.
  This represents a one way street--guns come from states with lax gun 
laws straight to states (like New Jersey) with strong laws. It is clear 
that New Jersey's strong gun control laws offer criminals little choice 
but to import their guns from states with weak laws. We must act on a 
federal level to send a clear message that this cannot continue and 
will not be tolerated.
  The Gun Kingpin Penalty Act would create a new federal gunrunning 
offense for any person who, within a twelve-month period, transports 
more than 5 guns to another state with the intent of transferring all 
of the weapons to another person. The Act would establish mandatory 
minimum penalties for gunrunning as follows:
  A mandatory 3 year minimum sentence for a first offense involving 5-
50 guns; a mandatory 5 year minimum sentence for second offense 
involving 5-50 guns; and a mandatory 15 year minimum sentence for any 
offense involving more than 50 guns.
  Additionally, the bill contains two ``blood on the hands'' 
provisions, which will significantly increase penalties for a gunrunner 
who transfers a gun subsequently used to seriously injure or kill 
another person. A mandatory 10 year minimum sentence is required if one 
of the smuggled guns is used within 3 years to kill or seriously injure 
another person. And a mandatory 25 year minimum sentence must be 
imposed if one of the smuggled guns is used within 3 years to kill or 
seriously injure another person and more than 50 guns were smuggled.
  Finally, our bill adds numerous gunrunning crimes as RICO predicates, 
and authorizes 200 additional Treasury personnel to enforce the Act--
Congress must provide law enforcement with the resources to enforce the 
laws we pass.
  The fight against gun violence is a long-term, many-staged process. 
We succeeded in enacting the Brady bill and the ban on devastating 
assault weapons. And these laws have been effective: more than a 
quarter of a million prohibited individuals have already been denied a 
handgun due to Brady background check--70% of these people were either 
felons or domestic violence offenders. Traces of assault weapons have 
plummeted since the ban, and prices have gone up.
  We can never rest though when it comes to gun violence. This problem 
will not just go away, and we cannot stand by and watch as innocent 
men, women and children die at the hands of criminals armed with these 
guns. I urge my colleagues to support this bill, and I ask unanimous 
censent that the full text of the legislation be printed in the Record.
  There being no objection, the legislation was ordered to be printed 
in the Record, as follows:

                                S. 1080

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Gun Kingpin Penalty Act''.

     SEC. 2. GUN KINGPIN PENALTIES.

       (a) Prohibition Against Gunrunning.--Section 922 of title 
     18, United States Code, is amended by inserting after 
     subsection (y) the following:
       ``(z) It shall be unlawful for a person not licensed under 
     section 923 to ship or transport, or conspire to ship or 
     transport, 5 or more firearms from a State into another State 
     during any period of 12 consecutive months, with the intent 
     to transfer all of such firearms to another person who is not 
     so licensed.''.
       (b) Mandatory Minimum Penalties for Crimes Related to 
     Gunrunning.--Section 924 of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(p)(1)(A)(i) Whoever violates section 922(z) shall, 
     except as otherwise provided in this subsection, be 
     imprisoned not less than 3 years, and may be fined under this 
     title.
       ``(ii) In the case of a person's second or subsequent 
     violation described in clause (i), the term of imprisonment 
     shall be not less than 5 years.
       ``(B) If a firearm which is shipped or transported in 
     violation of section 922(z) is used subsequently by the 
     person to whom shipped or transported, or by any person 
     within 3 years after the shipment or transportation, in an 
     offense in which a person is killed or suffers serious bodily 
     injury, the term of imprisonment for the violation shall be 
     not less than 10 years.
       ``(C) If more than 50 firearms are the subject of a 
     violation of section 922(z), the term of imprisonment for the 
     violation shall be not less than 15 years.
       ``(D) If more than 50 firearms are the subject of a 
     violation of section 922(z) and 1 of the firearms is used 
     subsequently by the person to whom shipped or transported, or 
     by any person within 3 years after the shipment or 
     transportation, in an offense in which a person is killed or 
     suffers serious bodily injury, the term of imprisonment for 
     the violation shall be not less than 25 years.
       ``(2) Notwithstanding any other provision of law, the court 
     shall not impose a probationary sentence or suspend the 
     sentence of a person convicted of a violation of this 
     subsection, nor shall any term of imprisonment imposed on a 
     person under this subsection run concurrently with any other 
     term of imprisonment imposed on the person by a court of the 
     United States.''.
       (c) Crimes Related to Gunrunning Made Predicate Offenses 
     Under Rico.--Section 1961(1)(B) of title 18, United States 
     Code, is amended by inserting ``section 922(a)(1)(A) 
     (relating to unlicensed importation, manufacture, or dealing 
     in firearms), section 922(a)(3) (relating to interstate 
     transportation or receipt of firearm), section 922(a)(5) 
     (relating to transfer of firearm to person from another 
     State), or section 922(a)(6) (relating to false statements 
     made in acquisition of firearm or ammunition from licensee), 
     section 922(d) (relating to disposition of firearm or 
     ammunition to a prohibited person), section 922(g) (relating 
     to receipt of firearm or ammunition by a prohibited person), 
     section 922(h) (relating to possession of firearm or 
     ammunition on behalf of a prohibited person), section 922(i) 
     (relating to transportation of stolen firearm or ammunition), 
     section 922(j) (relating to receipt of stolen firearm or 
     ammunition), section 922(k) (relating to transportation or 
     receipt of firearm with altered serial number), section 
     922(z) (relating to gunrunning), section 924(b) (relating to 
     shipment or receipt of firearm for use in a crime),'' before 
     ``section 1028''.
       (d) Enforcement.--The Secretary of the Treasury may hire 
     and employ 200 personnel, in addition to any personnel hired 
     and employed by the Department of the Treasury under other 
     law, to enforce the amendments made by this section, 
     notwithstanding any limitations imposed by or under the 
     Federal Workforce Restructuring Act.
                                 ______
                                 
      By Mr. TORRICELLI:
  S. 1081. A bill to amend section 842 of title 18, United States Code, 
relating to explosive materials, to the Committee on the Judiciary.


                   explosives protection act of 1999

  Mr. TORRICELLI. Mr. President, on the morning of April 19, 1995, in 
one horrible moment, an explosion devastated the Alfred P. Murrah 
Federal Building in Oklahoma City, Oklahoma, and took the lives of 168 
Americans.
  Every year, thousands of people are killed or maimed because of the 
use or misuse of illegal explosive devices, and millions of dollars in 
property is lost. Between 1991 and 1995, there were more than 14,000 
actual and attempted criminal bombings. 326 people were killed and 
another 2,970 injured in these incidents and more than $6 million in 
property damage resulted.
  In recent years, the criminal use of explosives has moved in a new 
direction, as is evidenced by the bombings of the World Trade Center in 
New York and the Oklahoma City bombing. These two incidents took the 
lives of many innocent men, women, and children, left others 
permanently scarred, and caused great suffering for the families of the 
victims--as well as all of America. These crimes were intended to tear 
the very fabric of our society; instead,

[[Page 10217]]

their tragic consequences served to strengthen our resolve to stand 
firm against the insanity of terrorism and the criminal use of 
explosives.
  In the wake of the Oklahoma City bombing, I was stunned--as were 
many--to learn how few restrictions on the use and sale of explosives 
really exist. I soon after introduced this legislation, the 
``Explosives Protection Act'' to take a first step towards protecting 
the American people from those who would use explosives to do them 
harm. I am introducing it again today in the hope that this bill will, 
in some small way, prevent future bombings--whether by terrorists of 
symbolic targets, malcontents of random ones, or even spouses involved 
in marital disputes.
  While we have increasingly restricted the number of people who can 
obtain and use a firearm, we have been lax in extending these 
prohibitions to explosives. For instance, while we prohibit illegal 
aliens from obtaining a gun, we allow them to obtain explosives without 
restriction. And someone who has been dishonorably discharged from the 
armed forces can no longer buy a gun, but can purchase a truckload full 
of explosives. The same is true for people who have renounced U.S. 
citizenship, people who have acted in such a way as to have restraining 
orders issued against them, and those with domestic violence 
convictions.
  Each of these categories of persons are prohibited from obtaining 
firearms, but face no such prohibition on obtaining explosive material. 
Many of these differences in the law are simply oversights--Congress 
has often acted to limit the use and sale of firearms, and has 
neglected to bring explosives law into line. And in so doing, we have 
made it all too easy for many of the most dangerous or least 
accountable members of society to obtain materials which can result in 
an equal or even greater loss of life.
  Congress has already made the determination that certain members of 
society should not have access to firearms, and the same logic clearly 
applies to dangerous and destructive explosive materials. It is time to 
bring explosives laws into line with gun laws. My bill would simply 
expand the list of people prohibited from purchasing explosives so that 
it mirrors the list of people already prohibited from purchasing 
firearms.
  This is a simple bill meant only to correct longstanding gaps and 
loopholes in current law. I hope we can quickly move to get this passed 
and protect Americans from future acts of explosive destruction. I ask 
unanimous consent that the full text of the legislation be printed in 
the Record.
  There being no objection, the legislation was ordered to be printed 
in the Record, as follows:

                                S. 1081

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Explosives Protection Act of 
     1999''.

     SEC. 2. PROHIBITIONS RELATING TO EXPLOSIVE MATERIALS.

       (a) Prohibition of Sale, Delivery, or Transfer of Explosive 
     Materials to Certain Individuals.--Section 842 of title 18, 
     United States Code, is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Prohibition of Sale, Delivery, or Transfer of 
     Explosive Materials to Certain Individuals.--It shall be 
     unlawful for any licensee to knowingly sell, deliver, or 
     transfer any explosive materials to any individual who--
       ``(1) is less than 21 years of age;
       ``(2) is under indictment for, or has been convicted in any 
     court of, a crime punishable by imprisonment for a term 
     exceeding 1 year;
       ``(3) is a fugitive from justice;
       ``(4) is an unlawful user of or addicted to any controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802));
       ``(5) has been adjudicated as a mental defective or has 
     been committed to any mental institution;
       ``(6) being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in section 845(d), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26));
       ``(7) has been discharged from the Armed Forces under 
     dishonorable conditions;
       ``(8) having been a citizen of the United States, has 
     renounced his citizenship;
       ``(9) is subject to a court order that restrains such 
     person from harassing, stalking, or threatening an intimate 
     partner of such person or child of such intimate partner or 
     person, or engaging in other conduct that would place an 
     intimate partner in reasonable fear of bodily injury to the 
     partner or child, except that this paragraph shall only apply 
     to a court order that--
       ``(A) was issued after a hearing of which such person 
     received actual notice, and at which such person had the 
     opportunity to participate; and
       ``(B)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; and
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury; or
       ``(10) has been convicted in any court of a misdemeanor 
     crime of domestic violence.''.
       (b) Prohibition on Shipping, Transporting, Possession, or 
     Receipt of Explosives by Certain Individuals.--Section 842 of 
     title 18, United States Code, is amended by striking 
     subsection (i) and inserting the following:
       ``(i) Prohibition on Shipping, Transporting, Possession, or 
     Receipt of Explosives by Certain Individuals.--It shall be 
     unlawful for any person to ship or transport in interstate or 
     foreign commerce, or possess, in or affecting commerce, any 
     explosive, or to receive any explosive that has been shipped 
     or transported in interstate or foreign commerce, if that 
     person--
       ``(1) is less than 21 years of age;
       ``(2) has been convicted in any court, of a crime 
     punishable by imprisonment for a term exceeding 1 year;
       ``(3) is a fugitive from justice;
       ``(4) is an unlawful user of or addicted to any controlled 
     substance (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802));
       ``(5) has been adjudicated as a mental defective or who has 
     been committed to a mental institution;
       ``(6) being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in section 845(d), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26));
       ``(7) has been discharged from the Armed Forces under 
     dishonorable conditions;
       ``(8) having been a citizen of the United States, has 
     renounced his citizenship; or
       ``(9) is subject to a court order that--
       ``(A) was issued after a hearing of which such person 
     received actual notice, and at which such person had an 
     opportunity to participate;
       ``(B) restrains such person from harassing, stalking, or 
     threatening an intimate partner of such person or child of 
     such intimate partner or person, or engaging in other conduct 
     that would place an intimate partner in reasonable fear of 
     bodily injury to the partner or child; and
       ``(C)(i) includes a finding that such person represents a 
     credible threat to the physical safety of such intimate 
     partner or child; and
       ``(ii) by its terms explicitly prohibits the use, attempted 
     use, or threatened use of physical force against such 
     intimate partner or child that would reasonably be expected 
     to cause bodily injury; or
       ``(10) has been convicted in any court of a misdemeanor 
     crime of domestic violence.''.
       (c) Exceptions and Waiver for Certain Individuals.--Section 
     845 of title 18, United States Code, is amended by adding at 
     the end the following:
       ``(d) Exceptions and Waiver for Certain Individuals.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `alien' has the same meaning as in section 
     101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(3)); and
       ``(B) the term `nonimmigrant visa' has the same meaning as 
     in section 101(a)(26) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(26)).
       ``(2) Exceptions.--Subsections (d)(5)(B) and (i)(5)(B) of 
     section 842 do not apply to any alien who has been lawfully 
     admitted to the United States pursuant to a nonimmigrant 
     visa, if that alien is--
       ``(A) admitted to the United States for lawful hunting or 
     sporting purposes;
       ``(B) a foreign military personnel on official assignment 
     to the United States;
       ``(C) an official of a foreign government or a 
     distinguished foreign visitor who has been so designated by 
     the Department of State; or
       ``(D) a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business.
       ``(3) Waiver.--
       ``(A) In general.--Any individual who has been admitted to 
     the United States under a nonimmigrant visa and who is not 
     described in paragraph (2), may receive a waiver from the 
     applicability of subsection (d)(5)(B) or (i)(5)(B) of section 
     842, if--

[[Page 10218]]

       ``(i) the individual submits to the Attorney General a 
     petition that meets the requirements of subparagraph (B); and
       ``(ii) the Attorney General approves the petition.
       ``(B) Petitions.--Each petition under subparagraph (A)(i) 
     shall--
       ``(i) demonstrate that the petitioner has resided in the 
     United States for a continuous period of not less than 180 
     days before the date on which the petition is submitted under 
     this paragraph; and
       ``(ii) include a written statement from the embassy or 
     consulate of the petitioner, authorizing the petitioner to 
     engage in any activity prohibited under subsection (d) or (i) 
     of section 842, as applicable, and certifying that the 
     petitioner would not otherwise be prohibited from engaging in 
     that activity under subsection (d) or (i) of section 842, as 
     applicable.''.
                                 ______
                                 
      By Mr. TORRICELLI:
  S. 1082. A bill to amend part Q of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 to provide assistance for 
unincorporated neighborhood watch programs; to the Committee on the 
Judiciary.


               neighborhood watch partnership act of 1999

  Mr. TORRICELLI. Mr. President, today I rise today to introduce the 
``Neighborhood Watch Partnership Act of 1999.'' This bill will broaden 
the eligibility of groups that may apply for essential funding for 
neighborhood watch activities.
  Communities across the country are finding sensible ways to solve 
local problems. Through partnerships with local police, neighborhood 
watch groups are having a decisive impact on crime. There are almost 
20,000 such groups creating innovative programs that promote community 
involvement in crime prevention techniques. They empower community 
members and organize them against rape, burglary, and all forms of fear 
on the street. They forge bonds between law enforcement and the 
communities they serve.
  Unfortunately, many communities find it difficult to afford the often 
expensive equipment such as cellphones and CBs needed to start a 
neighborhood watch organization. While the COPS program within the 
Department of Justice provides funding for some neighborhood watch 
groups, an organization must incorporate to benefit from the current 
program. A mere 2000 of the nearly 20,000 groups incorporate, however, 
meaning that the vast majority of watch groups cannot apply for funding 
assistance. This makes very little sense.
  The time has come to make a clear commitment to these groups. That is 
why I am introducing a bill to extend COPS funding to unincorporated 
neighborhood watch organizations. The bill would provide grants of up 
to $1,950 to these groups. Under current law, either the local police 
chief or sheriff must approve grant requests by unincorporated watch 
groups. We would impose the same requirement on unincorporated groups, 
thus providing accountability for the disbursement of funds.
  Mr. President, neighborhood watch organizations provide an invaluable 
service. By extending the partnership between community policing and 
watch group organizations, we will boldly encourage small and large 
communities to preserve and create crime prevention tools. We should 
act now. I ask unanimous consent that the full text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1082

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

     SECTION 1. ASSISTANCE FOR UNINCORPORATED NEIGHBORHOOD WATCH 
                   PROGRAMS.

       (a) Short Title.--This Act maybe cited as the 
     ``Neighborhood Watch Partnership Act of 1999''.
       (b) In General.--Section 1701(d) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd(d)) is amended--
       (1) in paragraph (10), by striking ``and'' at the end;
       (2) in paragraph (11), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(12) provide assistance to unincorporated neighborhood 
     watch organizations approved by the appropriate local police 
     or sheriff's department, in an amount equal to not more than 
     $1950 per organization, for the purchase of citizen band 
     radios, street signs, magnetic signs, flashlights, and other 
     equipment relating to neighborhood watch patrols.''.
       (c) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(11)) is amended--
       (1) in subparagraph (A), by striking clause (vi) and 
     inserting the following:
       ``(vi) $282,625,000 for fiscal year 2000.''; and
       (2) in subparagraph (B) by inserting after ``(B)'' the 
     following: ``Of amounts made available to carry out part Q in 
     each fiscal year $14,625,000 shall be used to carry out 
     section 1701(d)(12).''.
                                 ______
                                 
      By Mr. TORRICELLI (for himself and Mr. Kohl):
  S. 1083. A bill to expedite State review of criminal records of 
applicants for bail enforcement officer employment, and for other 
purposes; to the Committee on the Judiciary.


    BOUNTY HUNTER ACCOUNTABILITY AND QUALITY ASSISTANCE ACT OF 1999

  Mr. TORRICELLI. Mr. President, I rise today to introduce the ``Bounty 
Hunter Accountability and Quality Assurance Act of 1999.'' This bill 
will begin the process of reforming the revered but antiquated system 
of bail enforcement in this country.
  Throughout our nation's proud history, bounty hunters have proved a 
valuable addition to our law enforcement and recovery efforts. About 40 
percent of all criminal defendants are released on bail each year, and 
in 1996 alone more than 33,000 skipped town. Police departments, no 
matter how efficient or determined, cannot be expected to deal with so 
many bail jumpers in addition to their other duties. Thus, while public 
law enforcement officers recover only about 10 percent of defendants 
who skip town, bounty hunters catch an incredible 88 percent of bail 
jumpers.
  Because of the special, contractual nature of the relationship 
between bail bondsmen and those who use them to get out of jail, bounty 
hunters have traditionally enjoyed special rights--a nineteenth century 
Supreme Court case affirmed that while bounty hunters may exercise many 
of the powers granted to police, they are not subject to many of the 
constitutional checks we place on those law enforcement officials. As a 
result, bounty hunters need not worry about Miranda rights, extradition 
proceedings, or search warrants.
  The ability to more efficiently track and recover criminal defendants 
serves a valuable purpose in our society. But the lack of 
constitutional checks on bounty hunters also opens the system up to the 
risk of abuse. Each of us has read or heard about cases in which 
legitimate bounty hunters or those simply posing as recovery agents 
have wrongfully entered a dwelling or captured the wrong person.
  In one recent Arizona case, several men claiming to be bounty hunters 
broke into a house, terrorized a family and ended up killing a young 
couple who tried to defend against the attack. It now appears that 
these men were simply ``posing'' as bounty hunters, but there are other 
reported incidents in which ``legitimate'' bounty hunters have broken 
down the wrong door, kidnaped the wrong person, or physically abused 
the targets of their searches. And there is little recourse for the 
innocent victims of wrongful acts.
  This legislaiton would begin the process of making bounty hunters 
more accountable to the public they serve, and would help to restore 
confidence in the bail enforcement system. The bill would not unduly 
impose the will of the federal government on states, which have 
traditionally regulated bounty hunters.
  The ``Bounty Hunter Accountability and Quality Assurance Act'' 
directs the Attorney General of the United States to establish model 
guidelines for states to follow when creating their own bail 
enforcement regulations. In the course of her work, the Attorney 
General will be specifcially directed to look into three areas 
identified by the bill--whether bounty hunters should be required to 
``knock and announce'' before entering a dwelling, whether they should 
be required to carry liability insurance (most already do), and whether 
convicted felons should be allowed to obtain employment as bounty 
hunters.

[[Page 10219]]

  Mr. President, it is time to start the process of making rouge bounty 
hunters more accountable, while at the same time restoring America's 
confidence in the long tradition of bail enforcement that dates from 
the earliest days of this nation. I urge my colleagues to join me in 
taking this first step toward this process.
  I ask unanimous consent that the full text of this bill be printed in 
the Record.

                                S. 1083

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Bounty Hunter Accountability 
     and Quality Assistance Act of 1999''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) bail enforcement officers, also known as bounty hunters 
     or recovery agents, provide law enforcement officers with 
     valuable assistance in recovering fugitives from justice;
       (2) regardless of the differences in their duties, skills, 
     and responsibilities, the public has had difficulty in 
     discerning the difference between law enforcement officers 
     and bail enforcement officers;
       (3) the American public demands the employment of 
     qualified, well-trained bail enforcement officers as an 
     adjunct, but not a replacement for, law enforcement officers; 
     and
       (4) in the course of their duties, bail enforcement 
     officers often move in and affect interstate commerce.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the term ``bail enforcement employer'' means any person 
     that--
       (A) employs 1 or more bail enforcement officers; or
       (B) provides, as an independent contractor, for 
     consideration, the services of 1 or more bail enforcement 
     officers (which may include the services of that person);
       (2) the term ``bail enforcement officer''--
       (A) means any person employed to obtain the recovery of any 
     fugitive from justice who has been released on bail; and
       (B) does not include any--
       (i) law enforcement officer;
       (ii) attorney, accountant, or other professional licensed 
     under applicable State law;
       (iii) employee whose duties are primarily internal audit or 
     credit functions; or
       (iv) member of the Armed Forces on active duty; and
       (3) the term ``law enforcement officer'' means a public 
     servant authorized under applicable State law to conduct or 
     engage in the prevention, investigation, prosecution, or 
     adjudication of criminal offenses, including any public 
     servant engaged in corrections, parole, or probation 
     functions.

     SEC. 4. BACKGROUND CHECKS.

       (a) In General.--
       (1) Submission.--An association of bail enforcement 
     employers, which shall be designated for the purposes of this 
     section by the Attorney General, may submit to the Attorney 
     General fingerprints or other methods of positive 
     identification approved by the Attorney General, on behalf of 
     any applicant for a State license or certificate of 
     registration as a bail enforcement officer or a bail 
     enforcement employer.
       (2) Exchange.--In response to a submission under paragraph 
     (1), the Attorney General may, to the extent provided by 
     State law conforming to the requirements of the second 
     paragraph under the heading ``Federal Bureau of 
     Investigation'' and the subheading ``Salaries and Expenses'' 
     in title II of Public Law 92-544 (86 Stat. 1115), exchange, 
     for licensing and employment purposes, identification and 
     criminal history records with the State governmental agencies 
     to which the applicant has applied.
       (b) Regulations.--The Attorney General may promulgate such 
     regulations as may be necessary to carry out this section, 
     including measures relating to the security, confidentiality, 
     accuracy, use, and dissemination of information submitted or 
     exchanged under subsection (a) and to audits and 
     recordkeeping requirements relating to that information.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives a report on the number of submissions made 
     by the association of bail enforcement employers under 
     subsection (a)(1), and the disposition of each application to 
     which those submissions related.
       (d) State Participation.--It is the sense of Congress that 
     each State should participate, to the maximum extent 
     practicable, in any exchange with the Attorney General under 
     subsection (a)(2).

     SEC. 5. MODEL GUIDELINES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall publish in 
     the Federal Register model guidelines for the State control 
     and regulation of persons employed or applying for employment 
     as bail enforcement officers.
       (b) Recommendations.--The guidelines published under 
     subsection (a) shall include recommendations of the Attorney 
     General regarding whether a person seeking employment as a 
     bail enforcement officer should be--
       (1) allowed to obtain such employment if that person has 
     been convicted of a felony offense under Federal law, or of 
     any offense under State law that would be a felony if charged 
     under Federal law;
       (2) required to obtain adequate liability insurance for 
     actions taken in the course of performing duties pursuant to 
     employment as a bail enforcement officer; or
       (3) prohibited, if acting in the capacity of that person as 
     a bail enforcement officer, from entering any private 
     dwelling, unless that person first knocks on the front door 
     and announces the presence of 1 or more bail enforcement 
     officers.
       (c) Byrne Grant Preference for Certain States.--
       (1) In general.--Section 505 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) 
     is amended by adding at the end the following:
       ``(e) Preference for Certain States.--Notwithstanding any 
     other provision of this part, in making grants to States 
     under this subpart, the Director shall give priority to 
     States that have adopted the model guidelines published under 
     section 5(a) of the Bounty Hunter Accountability and Quality 
     Assistance Act of 1999.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 2 years after the date of enactment of this 
     Act.

     SEC. 6. JOINT AND SEVERAL LIABILITY FOR ACTIVITIES OF BAIL 
                   ENFORCEMENT OFFICERS.

       Notwithstanding any other provision of law, a bail 
     enforcement officer, whether acting as an independent 
     contractor or as an employee of a bail enforcement employer 
     on a bail bond, shall be considered to be the agent of that 
     bail enforcement employer for the purposes of that liability.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Bryan, and Ms. Snowe):
  S. 1084. A bill to amend the Communications Act of 1934 to protect 
consumers from the unauthorized switching of their long-distance 
service; to the Committee on Commerce, Science, and Transportation.


   telecommunications competition and consumer protection act of 1999

  Mr. McCAIN. Mr. President, I rise today to introduce legislation, 
cosponsored by Senators Bryan and Snowe, designed to stop the 
widespread anticonsumer telemarketing abuse known as ``slamming.'' 
Since virtually every consumer has either been ``slammed'' or knows 
someone who has, it's probably unnecessary to add that ``slamming'' is 
the practice whereby a consumer's chosen long-distance telephone 
company is changed without the consumer's knowledge or consent. Given 
the pervasiveness of this unscrupulous practice, it comes as no 
surprise that slamming has been the number one consumer complaint for 
the last several years.
  This marks the third time I have introduced antislamming legislation. 
Last year a similar antislamming bill failed to become law when the 
legislative clock ran out before the House of Representatives acted, 
despite the fact that the bill incorporated a number of provisions that 
the House had insisted upon, and which the Senate believed weren't 
tough enough on slammers.
  The reason I return today with a slamming bill is that, in the 
absence of legislation, the Federal Communications Commission adopted a 
set of antislamming rules that a reviewing court has now stayed. As a 
result, consumers are once again without the immediate prospect of any 
effective antislamming laws. This legislation is intended to provide 
some.
  But there is also another reason for reintroducing antislamming 
legislation. The main reason the court stayed the FCC's antislamming 
rules is that the long-distance companies--the very companies who are 
responsible for slamming in the first place--asked the court to do so 
because of an alternative antislamming scheme these companies dreamed 
up and now want the FCC to implement. Pursuant to the long-distance 
companies' plan, the long-distance companies--they're the slammers, 
remember--would hire a supposedly independent ``third-party 
administrator'' who would handle enforcement of the antislamming rules 
instead of the FCC. Given the fact that virtually everyone other than 
the long-distance companies, including state enforcement authorities, 
are foursquare against this proposal, the long-distance

[[Page 10220]]

companies' court strategy ups the ante on the FCC to cave in and adopt 
this obviously self-serving plan.
  Not since the fox volunteered to watch the henhouse have we seen such 
a demonstration of solicitude for the well-being of the vulnerable.
  There are many instances in which industry comes up with creative 
ways for government to deal with industry problems. This isn't one of 
them.
  Let's call it what it is. This scheme is the latest manifestation of 
an ongoing effort by the long-distance companies to avoid having to 
face up to real penalties if they can't make their telemarketers stop 
slamming people. Their rhetoric deplores slamming, but their 
machinations before Congress and the FCC show otherwise. And if the 
FCC--the supposedly pro-consumer FCC--were to even flirt with the 
notion of embracing the long-distance industry's scheme, it would show, 
when push comes to shove, whose interests would really matter to this 
agency.
  In a published court opinion, Judge Lawrence Silberman of the D.C. 
Court of Appeals referred to something else the FCC once did as being 
``not just stupid--criminally stupid.'' Mr. President, it would be 
either criminal stupidity, or duplicity of the highest order, for the 
FCC to ignore the views of everyone except the big long-distance 
companies and adopt their blatantly anticonsumer plan.
  As I said when I introduced the similar legislation last October, 
this bill isn't perfect--it contains provisions generated by the House 
of Representatives, that I consider much too slammer-friendly. But it's 
still a lot better than the industry-promoted alternative. And so I 
offer to better protect consumers and to send the FCC the message that 
it's their duty to do the same.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1084

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Telecommunications 
     Competition and Consumer Protection Act of 1999''.

                           TITLE I--SLAMMING

     SEC. 101. IMPROVED PROTECTION FOR CONSUMERS.

       (a) Consumer Protection Practices.--Section 258 of the 
     Communications Act of 1934 (47 U.S.C. 258) is amended to read 
     as follows:

     ``SEC. 258. ILLEGAL CHANGES IN SUBSCRIBER SELECTIONS OF 
                   CARRIERS.

       ``(a) Alternative Modes of Regulation.--
       ``(1) Industry/commission code.--Within 180 days after the 
     date of enactment of the Telecommunications Competition and 
     Consumer Protection Act of 1999, the Commission, after 
     consulting with the Federal Trade Commission and 
     representatives of telecommunications carriers providing 
     telephone toll service and telephone exchange service, State 
     commissions, and consumers, and considering any proposals 
     developed by such representatives, shall prescribe, after 
     notice and public comment and in accordance with subsection 
     (b), a Code of Subscriber Protection Practices (hereinafter 
     in this section referred as the `Code') governing changes in 
     a subscriber's selection of a provider of telephone exchange 
     service or telephone toll service.
       ``(2) Obligation to comply.--No telecommunications carrier 
     (including a reseller of telecommunications services) shall 
     submit or execute a change in a subscriber's selection of a 
     provider of telephone exchange service or telephone toll 
     service except in accordance with--
       ``(A) the Code, if such carrier elects to comply with the 
     Code in accordance with subsection (b)(2); or
       ``(B) the requirements of subsection (c), if--
       ``(i) the carrier does not elect to comply with the Code 
     under subsection (b)(2); or
       ``(ii) such election is revoked or withdrawn.
       ``(b) Minimum Provisions of the Code.--
       ``(1) Subscriber protection practices.--The Code required 
     by subsection (a)(1) shall include guidelines addressing the 
     following:
       ``(A) In general.--A telecommunications carrier (including 
     a reseller of telecommunications services) electing to comply 
     with the Code shall submit a change in a subscriber's 
     selection of a provider of telephone exchange service or 
     telephone toll service only in accordance with the provisions 
     of the Code.
       ``(B) Negative option.--A telecommunications carrier shall 
     not use negative option marketing.
       ``(C) Verification.--A submitting carrier shall verify the 
     subscriber's selection of the carrier in accordance with 
     procedures specified in the Code. The executing carrier may 
     rely on the submitting carrier's verification in executing 
     the change or may, at its discretion, confirm the 
     verification of a change in the subscriber's selection with 
     the customer.
       ``(D) Unfair and deceptive acts and practices.--No 
     telecommunications carrier, nor any person acting on behalf 
     of any such carrier, shall engage in any unfair or deceptive 
     acts or practices in connection with the solicitation of a 
     change in a subscriber's selection of a telecommunications 
     carrier.
       ``(E) Notification and rights.--A telecommunications 
     carrier shall provide timely and accurate notification to the 
     subscriber in accordance with procedures specified in the 
     Code.
       ``(F) Slamming liability and remedies.--
       ``(i) Required reimbursement and credit.--A 
     telecommunications carrier that has improperly changed the 
     subscriber's selection of a telecommunications carrier 
     without authorization, shall at a minimum--

       ``(I) reimburse the subscriber for the fees associated with 
     switching the subscriber back to their original carrier; and
       ``(II) provide a credit for any telecommunications charges 
     incurred by the subscriber during the period, not to exceed 
     30 days, while that subscriber was improperly presubscribed.

       ``(ii) Procedures.--The Code shall prescribe procedures by 
     which--

       ``(I) a subscriber may make an allegation of a violation 
     under clause (i);
       ``(II) the telecommunications carrier may rebut such 
     allegation;
       ``(III) the subscriber may, without undue delay, burden, or 
     expense, challenge the rebuttal; and
       ``(IV) resolve any administrative review of such an 
     allegation within 75 days after receipt of an appeal.

       ``(G) Recordkeeping.--A telecommunications carrier shall 
     make and maintain a record of the verification process and 
     shall provide a copy to the subscriber immediately upon 
     request.
       ``(H) Quality control.--A telecommunications carrier shall 
     institute a quality control program to prevent inadvertent 
     changes in a subscriber's selection of a carrier.
       ``(I) Independent audits.--A telecommunications carrier 
     shall provide the Commission with an independent audit 
     regarding its compliance with the Code at intervals 
     prescribed by the Code. The Commission may require a 
     telecommunications carrier to provide an independent audit on 
     a more frequent basis if there is evidence that such 
     telecommunications carrier is violating the Code.
       ``(2) Election by carriers.--Each telecommunications 
     carrier electing to comply with the Code shall file with the 
     Commission within 20 days after the adoption of the Code, or 
     within 20 days after commencing operations as a 
     telecommunications carrier, a statement electing the Code to 
     govern such carrier's submission or execution of a change in 
     a customer's selection of a provider of telephone exchange 
     service or telephone toll service. Such election by a carrier 
     may not be revoked or withdrawn unless the Commission finds 
     that there is good cause therefor, including a determination 
     that the carrier has failed to adhere in good faith to the 
     applicable provisions of the Code, and that the revocation or 
     withdrawal is in the public interest. Any telecommunications 
     carrier that fails to elect to comply with the Code shall be 
     deemed to have elected to be governed by the subsection (c) 
     and the Commission's regulations thereunder.
       ``(3) Penalties available.--Nothing in this subsection or 
     in any regulations thereunder shall be construed as limiting 
     the application of section 503 to violations of the Code.
       ``(c) Regulations of Carriers Not Electing to Comply With 
     Code.--
       ``(1) In general.--A telecommunications carrier (including 
     a reseller of telecommunications services) that has not 
     elected to comply with the Code under subsection (b), or as 
     to which the election has been withdrawn or revoked, shall 
     not submit or execute a change in a subscriber's selection of 
     a provider of telephone exchange service or telephone toll 
     service except in accordance with this subsection and such 
     verification procedures as the Commission shall prescribe.
       ``(2) Verification.--
       ``(A) In general.--In order to verify a subscriber's 
     selection of a telephone exchange service or telephone toll 
     service provider under this subsection, the 
     telecommunications carrier submitting the change to an 
     executing carrier shall, at a minimum, require the 
     subscriber--
       ``(i) to affirm that the subscriber is authorized to select 
     the provider of that service for the telephone number in 
     question;
       ``(ii) to acknowledge the type of service to be changed as 
     a result of the selection;
       ``(iii) to affirm the subscriber's intent to select the 
     provider as the provider of that service;
       ``(iv) to acknowledge that the selection of the provider 
     will result in a change in providers of that service; and

[[Page 10221]]

       ``(v) to provide such other information as the Commission 
     considers appropriate for the protection of the subscriber.
       ``(B) Additional requirements.--The procedures prescribed 
     by the Commission to verify a subscriber's selection of a 
     provider shall--
       ``(i) preclude the use of negative option marketing;
       ``(ii) provide for a complete copy of verification of a 
     change in telephone exchange service or telephone toll 
     service provider in oral, written, or electronic form;
       ``(iii) require the retention of such verification in such 
     manner and form and for such time as the Commission considers 
     appropriate;
       ``(iv) mandate that verification occur in the same language 
     as that in which the change was solicited; and
       ``(v) provide for verification to be made available to a 
     subscriber on request.
       ``(C) Notice to subscriber.--Whenever a telecommunication 
     carrier submits a change in a subscriber's selection of a 
     provider of telephone exchange service or telephone toll 
     service, such telecommunications carrier shall clearly notify 
     the subscriber in writing, not more than 15 days after the 
     change is submitted to the executing carrier--
       ``(i) of the subscriber's new carrier; and
       ``(ii) that the subscriber may request information 
     regarding the date on which the change was agreed to and the 
     name of the individual who authorized the change.
       ``(3) Liability for violations.--
       ``(A) Notification of change.--The first bill issued after 
     the effective date of a change in a subscriber's provider of 
     telephone exchange service or telephone toll service by the 
     executing carrier for such change shall--
       ``(i) prominently disclose the change in provider and the 
     effective date of such change;
       ``(ii) contain the name and toll-free number of any 
     telecommunications carrier for such new service; and
       ``(iii) direct the subscriber to contact the executing 
     carrier if the subscriber believes that such change was not 
     authorized and that the change was made in violation of this 
     subsection, and contain the toll-free number by which to make 
     such contact.
       ``(B) Automatic switch-back of service and credit to 
     consumer of charges.--
       ``(i) Obligations of executing carrier.--If a subscriber of 
     telephone exchange service or telephone toll service makes an 
     allegation, orally or in writing, to the executing carrier 
     that a violation of this subsection has occurred with respect 
     to such subscriber--

       ``(I) the executing carrier shall, without charge to the 
     subscriber, execute an immediate change in the provider of 
     the telephone service that is the subject of the allegation 
     to restore the previous provider of such service for the 
     subscriber, as reflected in the records of the executing 
     carrier;
       ``(II) the executing carrier shall provide an immediate 
     credit to the subscriber's account for any charges for 
     executing the original change of service provider;
       ``(III) if the executing carrier conducts billing for the 
     carrier that is the subject of the allegation, the executing 
     carrier shall provide an immediate credit to the subscriber's 
     account for such service, in an amount equal to any charges 
     for the telephone service that is the subject of the 
     allegation incurred during the period--

       ``(aa) beginning upon the date of the change of service 
     that is the subject of the allegation; and
       ``(bb) ending on the earlier of the date that the 
     subscriber is restored to the previous provider, or 30 days 
     after the date the bill described in subparagraph (A) is 
     issued; and

       ``(IV) the executing carrier shall recover the costs of 
     executing the change in provider to restore the previous 
     provider, and any credits provided under subclauses (II) and 
     (III), by recourse to the provider that is the subject of the 
     allegation.

       ``(ii) Obligations of carriers not billing through 
     executing carriers.--If a subscriber of telephone exchange 
     service or telephone toll service transmits, orally or in 
     writing, to any carrier that does not use an executing 
     carrier to conduct billing an allegation that a violation of 
     this subsection has occurred with respect to such subscriber, 
     the carrier shall provide an immediate credit to the 
     subscriber's account for such service, and the subscriber 
     shall, except as provided in subparagraph (C)(iii), be 
     discharged from liability, for an amount equal to any charges 
     for the telephone service that is the subject of the 
     allegation incurred during the period--

       ``(I) beginning upon the date of the change of service that 
     is the subject of the allegation; and
       ``(II) ending on the earlier of the date that the 
     subscriber is restored to the previous provider, or 30 days 
     after the date the bill described in subparagraph (A) is 
     issued.

       ``(iii) Time limitation.--This subparagraph shall apply 
     only to allegations made by subscribers before the expiration 
     of the 1-year period that begins on the issuance of the bill 
     described in subparagraph (A).
       ``(C) Procedure for carrier remedy.--
       ``(i) In general.--The Commission shall, by rule, establish 
     a procedure for rendering determinations with respect to 
     violations of this subsection. Such procedure shall permit 
     such determinations to be made upon the filing of (I) a 
     complaint by a telecommunications carrier that was providing 
     telephone exchange service or telephone toll service to a 
     subscriber before the occurrence of an alleged violation, and 
     seeking damages under clause (ii), or (II) a complaint by a 
     telecommunications carrier that was providing services after 
     the alleged violation, and seeking a reinstatement of charges 
     under clause (iii). Either such complaint shall be filed not 
     later than 6 months after the date on which any subscriber 
     whose allegation is included in the complaint submitted an 
     allegation of the violation to the executing carrier under 
     subparagraph (B)(i). Either such complaint may seek 
     determinations under this paragraph with respect to multiple 
     alleged violations in accordance with such procedures as the 
     Commission shall establish in the rules prescribed under this 
     subparagraph.
       ``(ii) Determination of violation and remedies.--In a 
     proceeding under this subparagraph, if the Commission 
     determines that a violation of this subsection has occurred, 
     other than an inadvertent or unintentional violation, the 
     Commission shall award damages--

       ``(I) to the telecommunications carrier filing the 
     complaint, in an amount equal to the sum of (aa) the gross 
     amount of charges that the carrier would have received from 
     the subscriber during the violation, and (bb) $500 per 
     violation; and
       ``(II) to the subscriber that was subjected to the 
     violation, in the amount of $500.

       ``(iii) Determination of no violation.--If the Commission 
     determines that a violation of this subsection has not 
     occurred, the Commission shall order that any credit provided 
     to the subscriber under subparagraph (B)(ii) be reversed, or 
     that the carrier may resubmit a bill for the amount of the 
     credit to the subscriber notwithstanding any discharge under 
     subparagraph (B)(ii).
       ``(iv) Speedy resolution of complaints.--The procedure 
     established under this subparagraph shall provide for a 
     determination of each complaint filed under the procedure not 
     later than 6 months after filing.
       ``(D) Maintenance of information.--
       ``(i) In general.--The Commission shall, by rule, require 
     each executing carrier to maintain information regarding each 
     alleged violation of this subsection of which the carrier has 
     been notified.
       ``(ii) Contents.--The information required to be maintained 
     pursuant to this paragraph shall include, for each alleged 
     violation of this subsection, the effective date of the 
     change of service involved in the alleged violation, the name 
     of the provider of the service to which the change was made, 
     the name, address, and telephone number of the subscriber who 
     was subject to the alleged violation, and the amount of any 
     credit provided under subparagraph (B)(ii).
       ``(iii) Form.--The Commission shall prescribe one or more 
     computer data formats for the maintenance of information 
     under this paragraph, which shall be designed to facilitate 
     submission and compilation pursuant to this subparagraph.
       ``(iv) Monthly reports.--Each executing carrier shall, on 
     not less than a monthly basis, submit the information 
     maintained pursuant to this subparagraph to the Commission.
       ``(v) Access to information.--The Commission shall make the 
     information submitted pursuant to clause (iv) available upon 
     request to any telecommunications carrier. Any 
     telecommunications carrier obtaining access to such 
     information shall use such information exclusively for the 
     purposes of investigating, filing, or resolving complaints 
     under this section.
       ``(4) Civil penalties.--Unless the Commission determines 
     that there are mitigating circumstances, violation of this 
     subsection is punishable by a forfeiture penalty under 
     section 503 of not less than $40,000 for the first offense, 
     and not less than $150,000 for each subsequent offense.
       ``(5) Recovery of forfeitures.--The Commission may take 
     such action as may be necessary--
       ``(A) to collect any forfeitures it imposes under this 
     subsection; and
       ``(B) on behalf of any subscriber, to collect any damages 
     awarded the subscriber under this subsection.
       ``(d) Application to Wireless.--This section does not apply 
     to a provider of commercial mobile service.
       ``(e) Commission Requirements.--
       ``(1) Semiannual reports.--Every 6 months, the Commission 
     shall compile and publish a report ranking telecommunications 
     carriers by the percentage of verified complaints, excluding 
     those generated by the carrier's unaffiliated resellers, 
     compared to the number of the carrier's changes in a 
     subscriber's selection of a provider of telephone exchange 
     service and telephone toll service.
       ``(2) Investigation.--If a telecommunications carrier is 
     listed among the 5 worst performers based upon the percentage 
     of verified complaints, excluding those generated by the 
     carrier's unaffiliated resellers, compared to its number of 
     carrier selection changes in the semiannual reports 3 times 
     in succession, the Commission shall investigate the carrier's 
     practices regarding subscribers' selections of providers of 
     telephone exchange

[[Page 10222]]

     service and telephone toll service. If the Commission finds 
     that the carrier is misrepresenting adherence to the Code or 
     is willfully and repeatedly changing subscribers' selections 
     of providers, the Commission shall find such carrier to be in 
     violation of this section and shall impose a civil penalty on 
     the carrier under section 503 of up to $1,000,000.
       ``(3) Code review.--Every 2 years, the Commission shall 
     review the Code to ensure its requirements adequately protect 
     subscribers from improper changes in a subscriber's selection 
     of a provider of telephone exchange service and telephone 
     toll service.
       ``(f) Actions by States.--
       ``(1) In general.--Whenever an attorney general of any 
     State has reason to believe that the interests of the 
     residents of that State have been or are being threatened or 
     adversely affected because any person has violated the Code 
     or subsection (c), or any rule or regulation prescribed by 
     the Commission under subsection (c), the State may bring a 
     civil action on behalf of its residents in an appropriate 
     district court of the United States to enjoin such violation, 
     to enforce compliance with such Code, subsection, rule, or 
     regulation, to obtain damages on behalf of their residents, 
     or to obtain such further and other relief as the court may 
     deem appropriate.
       ``(2) Notice.--The State shall serve prior written notice 
     of any civil action under paragraph (1) upon the Commission 
     and provide the Commission with a copy of its complaint, 
     except that if it is not feasible for the State to provide 
     such prior notice, the State shall serve such notice 
     immediately upon instituting such action. Upon receiving a 
     notice respecting a civil action, the Commission shall have 
     the right (A) to intervene in such action, (B) upon so 
     intervening, to be heard on all matters arising therein, and 
     (C) to file petitions for appeal.
       ``(3) Venue.--Any civil action brought under this section 
     in a district court of the United States may be brought in 
     the district wherein the defendant is found or is an 
     inhabitant or transacts business or wherein the violation 
     occurred or is occurring, and process in such cases may be 
     served in any district in which the defendant is an 
     inhabitant or wherever the defendant may be found.
       ``(4) Investigatory powers.--For purposes of bringing any 
     civil action under paragraph (1), nothing in this Act shall 
     prevent the attorney general from exercising the powers 
     conferred on the attorney general by the laws of such State 
     to conduct investigations or to administer oaths or 
     affirmations or to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(5) Effect on state court proceedings.--Nothing contained 
     in this subsection shall prohibit an authorized State 
     official from proceeding in State court on the basis of an 
     alleged violation of any general civil or criminal statute of 
     such State.
       ``(6) Limitation.--Whenever the Commission has instituted a 
     civil action for violation of this section or any rule or 
     regulation thereunder, no State may, during the pendency of 
     such action instituted by the Commission, institute a civil 
     action against any defendant named in the Commission's 
     complaint for violation of any rule as alleged in the 
     Commission's complaint.
       ``(7) Actions by other state officials.--In addition to 
     actions brought by an attorney general of a State under 
     paragraph (1), such an action may be brought by officers of 
     such State who are authorized by the State to bring actions 
     in such State for protection of consumers.
       ``(g) State Law Not Preempted.--
       ``(1) In General.--Nothing in this section or in the 
     regulations prescribed under this section shall preempt any 
     State law that imposes more restrictive requirements, 
     regulations (including an option protecting a subscriber's 
     choice of a provider of telephone exchange service or 
     telephone toll service from being switched without the 
     subscriber's express consent), damages, costs, or penalties 
     on changes in a subscriber's service or selection of a 
     provider of telephone exchange service or telephone toll 
     services than are imposed under this section.
       ``(2) Preservation of commission authority with respect to 
     unfair marketing of subscriber selection freezes.--
     Notwithstanding paragraph (1), the Commission shall prescribe 
     rules to prevent the marketing or provision in an unfair or 
     deceptive manner of an option protecting a subscriber's 
     choice of a provider of telephone exchange service or 
     telephone toll service from being switched without the 
     subscriber's express consent.
       ``(h) Rules of Construction.--
       ``(1) Change includes initial selection.--For purposes of 
     this section, the initiation of telephone toll service to a 
     subscriber by a telecommunications carrier shall be treated 
     as a change in selection of a provider of telephone toll 
     service.
       ``(2) Action by unaffiliated reseller not imputed to 
     carrier.--No telecommunications carrier may be found in 
     violation of this section solely on the basis of a violation 
     of this section by an unaffiliated reseller of that carrier's 
     services or facilities.
       ``(i) Definitions.--For purposes of this section:
       ``(1) Subscriber.--The term `subscriber' means the person 
     named on the billing statement or account, or any other 
     person authorized to make changes in the providers of 
     telephone exchange service or telephone toll service.
       ``(2) Executing carrier.--The term `executing carrier' 
     means, with respect to any change in the provider of local 
     exchange service or telephone toll service, the local 
     exchange carrier that executed such change.
       ``(3) Attorney general.--The term `attorney general' means 
     the chief legal officer of a State.''.
       (b) NTIA Study of Third-Party Administration.--Within 180 
     days of enactment of this Act, the National 
     Telecommunications and Information Administration shall 
     report to the Committee on Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate on the feasibility and 
     desirability of establishing a neutral third-party 
     administration system to prevent illegal changes in telephone 
     subscriber carrier selections. The study shall include--
       (1) an analysis of the cost of establishing a single 
     national or several independent databases or clearinghouses 
     to verify and submit changes in carrier selections;
       (2) the additional cost to carriers, per change in carrier 
     selection, to fund the ongoing operation of any or all such 
     independent databases or clearinghouses; and
       (3) the advantages and disadvantages of utilizing 
     independent databases or clearinghouses for verifying and 
     submitting carrier selection changes.
                                 ______
                                 
      By Mrs. MURRAY:
  S. 1085. A bill to amend the Internal Revenue Code of 1986 to modify 
the treatment of bonds issued to acquire renewable resources on land 
subject to conservation easement; to the Committee on Finance.


        THE COMMUNITY FORESTRY AND AGRICULTURE CONSERVATION ACT

  Mrs. MURRAY. Mr. President, I am pleased to rise today to introduce 
the ``Community Forestry and Agriculture Conservation Act of 1999.''
  Mr. President, all across America we are losing hundreds of thousands 
of acres of productive forest and agricultural land to urban uses. And 
with the loss of these lands, we also lose some of our ability to 
protect watersheds, fish and wildlife, and the rural character and 
economies of many communities.
  Local governments and non-profit organizations, including growing 
numbers of land trusts, are responding to these issues, and to citizen 
demand that private land provide more public benefit. They have made 
significant progress by purchasing land outright or protecting it 
through conservation easements.
  Unfortunately, communities and non-profits simply do not have the 
resources to meet public demand for open space protection. And the most 
traditional means of protection--outright purchase of land or 
conservation easements--are inadequate to protect larger tracts of 
forest and agricultural land.
  Mr. President, the bill I am introducing today would give communities 
a flexible and dynamic tool to protect forest and agricultural land. In 
fact, some communities, including at least one in the State of 
Washington, are already mobilizing to take advantage of the legislation 
I am introducing today.
  The concept behind this bill is straightforward.
  Under my bill, a group of community members and leaders who are 
interested in protecting a tract of forest or farm land would work with 
one or more landowners to reach a voluntary sale agreement at fair 
market value.
  The community group would then form a non-profit 501(c)(3) 
corporation with a diverse board of directors. The board of directors 
could include landowners, conservationists, financial and business 
leaders, forestry and agricultural professionals, and others interested 
in managing the land.
  The non-profit corporation would develop an agreement on what land 
would be acquired and at what price.
  In addition, the corporation would develop a binding management plan. 
The management plan would provide for continued harvest of trees and 
crops, but in a manner that exceeds federal and state conservation 
standards.
  A local government would then issue tax exempt revenue bonds on 
behalf of the non-profit corporation to fund the acquisition of the 
land. The bonds would be held and serviced by the non-

[[Page 10223]]

profit with revenue raised by the continued harvest of trees or crops 
in accordance with the management plan. The non-profit corporation 
would also hold the title to the land.
  In forming the non-profit corporation, community leaders would be 
required to meet strict standards before bonds were issued. These 
standards will ensure that public benefits are achieved and abuse is 
prevented.
  First, the non-profit corporation must draft a land management plan 
that exceeds state and federal law.
  Second, the corporation must enter the land into a permanent 
conservation easement.
  Third, the corporation must secure the commitment of a third party 
501(c)3 organization or governmental entity to hold the conservation 
easement. It must also provide the third party with the financial 
resources needed to monitor compliance with the easement.
  Last, the corporation must establish a diverse board of directors. No 
more than 20 percent of the board members can represent a for-profit 
entity that does business with the non-profit.
  Mr. President, let me explain why my bill is necessary to make this 
new approach possible. Current law allows for the issuance of tax-
exempt debt on behalf of non-profit corporations, such as hospitals and 
higher education facilities that require large amounts of capital. This 
bill ensures forest and agricultural based non-profits can enjoy the 
same benefits.
  Once the interested parties complete the management plan, issue the 
bonds, acquire the land and place it in trust, landowners, local 
governments, the environment, and the public all benefit.
  Mr. President, foresters and agricultural producers are often land-
rich and cash-poor. My bill would allow landowners to capitalize some 
or all of their assets. It would also allow landowners to continue 
harvesting timber from the land but at a lower harvest level. While the 
non-profit could manage harvest activities on the land, it is more 
likely it will contract out for these services. This will allow the 
original landowner or other interested natural resource businesses to 
manage and receive economic benefits from the land. In addition, this 
tool will allow the landowner to escape the management problems that 
arise when urban growth begins to encroach on forestry or agricultural 
operations.
  Local governments benefit by continuing to receive tax dollars that 
result from economic activities on the land.
  And the land receives better stewardship because broad-based 
conservation efforts can be undertaken at a lower cost than under more 
traditional land acquisition methods. Through these conservation 
easements, non-profits will have the financial flexibility to apply 
lighter resource management practices on the land.
  This is an important point. The lower cost of capital and non-profit 
land management would allow communities to increase conservation 
benefits. I know many landowners and companies would prefer to increase 
conservation practices. However, they also have to meet the demands of 
the bottom-line and stockholders. By reducing these financial 
pressures, we can provide a higher level of resource protection on 
these lands.
  And the higher levels of resource protection can respond to the 
greatest environmental needs in that region. For example, in my home 
state of Washington, the non-profit corporation could increase buffer 
areas along streams to protect salmon runs and engage in habitat 
restoration. These steps would help my state respond to salmon listings 
under the Endangered Species Act.
  Finally, the American people benefit the most. They will have more 
environmental protection and recreational opportunities without 
sacrificing an important part of their community's economic and tax 
base. This tool will also allow communities to promote local ownership 
of their land and to better control their destiny.
  Mr. President, in the last three years, Congress and the Clinton 
Administration have been discussing more and more the issues of 
``sprawl'' and ``livability.'' We are finally starting to see at the 
national level a recognition that the federal government's actions play 
an important role in how communities grow. These are not new ideas--
they have been discussed at the local and state levels for decades. I 
am pleased to see Congress and the Administration joining this 
discussion.
  We have heard and seen many good ideas and proposals for improving 
the quality of life in our communities, from greater open space 
protection to improved transportation infrastructure. I support many of 
these efforts.
  However, my bill addresses one aspect of this discussion that is not 
drawing as much attention in the press. And that is the destruction of 
farm and forest economies in many regions that are rapidly urbanizing. 
In the Puget Sound region, growth has choked the economic viability of 
forest and agricultural operations in many areas. Concerned citizens 
and governments are forced to try to save forest and farm land on a 
smaller, more piecemeal basis. As successful and rewarding as many of 
these efforts have been, we need to give communities the option to save 
larger tracts of land that cannot be acquired outright. By doing so, we 
can maintain viable farm and forest operations near growing urban 
areas, and help strengthen the connection between rural producers and 
urban consumers.
  Today, Representatives Dunn and Tanner are introducing this 
legislation in the House. I am pleased to join their effort on this 
important issue by sponsoring companion legislation.
  In closing, I want to emphasize that this is an approach that every 
Senator can support. It is bipartisan. It is voluntary. It maintains 
private land ownership and embraces private landowners. It limits 
government involvement but establishes proper enforcement to prevent 
abuse. It protects the environment. It provides local control.
  Mr. President, I urge my colleagues to join me to pass the Community 
Forestry and Agriculture Conservation Act. Mr. President, I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1085

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Forestry and 
     Agriculture Conservation Act of 1999''.

     SEC. 2. TREATMENT OF BONDS ISSUED TO ACQUIRE RENEWABLE 
                   RESOURCES ON LAND SUBJECT TO CONSERVATION 
                   EASEMENT.

       (a) In General.--Section 145 of the Internal Revenue Code 
     of 1986 (defining qualified 501(c)(3) bond) is amended by 
     redesignating subsection (e) as subsection (f) and by 
     inserting after subsection (d) the following new subsection:
       ``(e) Bonds Issued To Acquire Renewable Resources on Land 
     Subject to Conservation Easement.--
       ``(1) In general.--If--
       ``(A) the proceeds of any bond are used to acquire land (or 
     a long-term lease thereof) together with any renewable 
     resource associated with the land (including standing timber, 
     agricultural crops, or water rights) from an unaffiliated 
     person,
       ``(B) the land is subject to a conservation restriction--
       ``(i) which is granted in perpetuity to an unaffiliated 
     person that is--

       ``(I) a 501(c)(3) organization, or
       ``(II) a Federal, State, or local government conservation 
     organization,

       ``(ii) which meets the requirements of clauses (ii) and 
     (iii)(II) of section 170(h)(4)(A),
       ``(iii) which exceeds the requirements of relevant 
     environmental and land use statutes and regulations, and
       ``(iv) which obligates the owner of the land to pay the 
     costs incurred by the holder of the conservation restriction 
     in monitoring compliance with such restriction,
       ``(C) a management plan which meets the requirements of the 
     statutes and regulations referred to in subparagraph (B)(iii) 
     is developed for the conservation of the renewable resources, 
     and
       ``(D) such bond would be a qualified 501(c)(3) bond (after 
     the application of paragraph (2)) but for the failure to use 
     revenues derived by the 501(c)(3) organization from the sale, 
     lease, or other use of such resource as otherwise required by 
     this part,

     such bond shall not fail to be a qualified 501(c)(3) bond by 
     reason of the failure to so use such revenues if the revenues 
     which are

[[Page 10224]]

     not used as otherwise required by this part are used in a 
     manner consistent with the stated charitable purposes of the 
     501(c)(3) organization.
       ``(2) Treatment of timber, etc.--
       ``(A) In general.--For purposes of subsection (a), the cost 
     of any renewable resource acquired with proceeds of any bond 
     described in paragraph (1) shall be treated as a cost of 
     acquiring the land associated with the renewable resource and 
     such land shall not be treated as used for a private business 
     use because of the sale or leasing of the renewable resource 
     to, or other use of the renewable resource by, an 
     unaffiliated person to the extent that such sale, leasing, or 
     other use does not constitute an unrelated trade or business, 
     determined by applying section 513(a).
       ``(B) Application of bond maturity limitation.--For 
     purposes of section 147(b), the cost of any land or renewable 
     resource acquired with proceeds of any bond described in 
     paragraph (1) shall have an economic life commensurate with 
     the economic and ecological feasibility of the financing of 
     such land or renewable resource.
       ``(C) Unaffiliated person.--For purposes of this 
     subsection, the term `unaffiliated person' means any person 
     who controls not more than 20 percent of the governing body 
     of another person.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

                         ADDITIONAL COSPONSORS


                                 S. 26

  At the request of Mr. Feingold, the name of the Senator from New 
Mexico (Mr. Bingaman) was added as a cosponsor of S. 26, a bill 
entitled the ``Bipartisan Campaign Reform Act of 1999''.


                                 S. 135

  At the request of Mr. Durbin, the name of the Senator from Maryland 
(Mr. Sarbanes) was added as a cosponsor of S. 135, a bill to amend the 
Internal Revenue Code of 1986 to increase the deduction for the health 
insurance costs of self-employed individuals, and for other purposes.


                                 S. 247

  At the request of Mr. Johnson, his name was added as a cosponsor of 
S. 247, a bill to amend title 17, United States Code, to reform the 
copyright law with respect to satellite retransmissions of broadcast 
signals, and for other purposes.


                                 S. 285

  At the request of Mr. McCain, the name of the Senator from 
Mississippi (Mr. Cochran) was added as a cosponsor of S. 285, a bill to 
amend title II of the Social Security Act to restore the link between 
the maximum amount of earnings by blind individuals permitted without 
demonstrating ability to engage in substantial gainful activity and the 
exempt amount permitted in determining excess earnings under the 
earnings test.


                                 S. 296

  At the request of Mr. Frist, the name of the Senator from Mississippi 
(Mr. Lott) was added as a cosponsor of S. 296, a bill to provide for 
continuation of the Federal research investment in a fiscally 
sustainable way, and for other purposes.


                                 S. 309

  At the request of Mr. McCain, the name of the Senator from Indiana 
(Mr. Lugar) was added as a cosponsor of S. 309, a bill to amend the 
Internal Revenue Code of 1986 to provide that a member of the uniformed 
services shall be treated as using a principal residence while away 
from home on qualified official extended duty in determining the 
exclusion of gain from the sale of such residence.


                                 S. 344

  At the request of Mr. Bond, the name of the Senator from Colorado 
(Mr. Allard) was added as a cosponsor of S. 344, a biil to amend the 
Internal Revenue Code of 1986 to provide a safe harbor for determining 
that certain individuals are not employees.


                                 S. 345

  At the request of Mrs. Murray, her name was added as a cosponsor of 
S. 345, a bill to amend the Animal Welfare Act to remove the limitation 
that permits interstate movement of live birds, for the purpose of 
fighting, to States in which animal fighting is lawful.


                                 S. 348

  At the request of Ms. Snowe, the name of the Senator from New 
Hampshire (Mr. Gregg) was added as a cosponsor of S. 348, a bill to 
authorize and facilitate a program to enhance training, research and 
development, energy conservation and efficiency, and consumer education 
in the oilheat industry for the benefit of oilheat consumers and the 
public, and for other purposes.


                                 S. 409

  At the request of Mr. Johnson, his name was added as a cosponsor of 
S. 409, a bill to authorize qualified organizations to provide 
technical assistance and capacity building services to microenterprise 
development organizations and programs and to disadvantaged 
entrepreneurs using funds from the Community Development Financial 
Institutions Fund, and for other purposes.


                                 S. 459

  At the request of Mr. Breaux, the name of the Senator from 
Pennsylvania (Mr. Santorum) was added as a cosponsor of S. 459, a bill 
to amend the Internal Revenue Code of 1986 to increase the State 
ceiling on private activity bonds.


                                 S. 512

  At the request of Mr. Gorton, the name of the Senator from Virginia 
(Mr. Robb) was added as a cosponsor of S. 512, a bill to amend the 
Public Health Service Act to provide for the expansion, 
intensification, and coordination of the activities of the Department 
of Health and Human Services with respect to research on autism.


                                 S. 541

  At the request of Ms. Collins, the name of the Senator from Arkansas 
(Mr. Hutchinson) was added as a cosponsor of S. 541, a bill to amend 
title XVIII of the Social Security Act to make certain changes related 
to payments for graduate medical education under the medicare program.


                                 S. 573

  At the request of Mr. Leahy, the name of the Senator from Hawaii (Mr. 
Inouye) was added as a cosponsor of S. 573, a bill to provide 
individuals with access to health information of which they are a 
subject, ensure personal privacy with respect to health-care-related 
information, impose criminal and civil penalties for unauthorized use 
of protected health information, to provide for the strong enforcement 
of these rights, and to protect States' rights.


                                 S. 580

  At the request of Mr. Frist, the name of the Senator from Arkansas 
(Mr. Hutchinson) was added as a cosponsor of S. 580, a bill to amend 
title IX of the Public Health Service Act to revise and extend the 
Agency for Healthcare Policy and Research.


                                 S. 620

  At the request of Mr. Sarbanes, the name of the Senator from Delaware 
(Mr. Biden) was added as a cosponsor of S. 620, a bill to grant a 
Federal charter to Korean War Veterans Association, Incorporated, and 
for other purposes.


                                 S. 625

  At the request of Mr. Grassley, the name of the Senator from North 
Carolina (Mr. Helms) was added as a cosponsor of S. 625, a bill to 
amend title 11, United States Code, and for other purposes.


                                 S. 636

  At the request of Mr. Reed, the name of the Senator from Illinois 
(Mr. Durbin) was added as a cosponsor of S. 636, a bill to amend title 
XXVII of the Public Health Service Act and part 7 of subtitle B of 
title I of the Employee Retirement Income Security Act of 1974 to 
establish standards for the health quality improvement of children in 
managed care plans and other health plans.


                                 S. 706

  At the request of Ms. Snowe, the name of the Senator from California 
(Mrs. Feinstein) was added as a cosponsor of S. 706, a bill to create a 
National Museum of Women's History Advisory Committee.


                                 S. 751

  At the request of Mr. Leahy, the name of the Senator from New Mexico 
(Mr. Bingaman) was added as a cosponsor of S. 751, a bill to combat 
nursing home fraud and abuse, increase protections for victims of 
telemarketing fraud, enhance safeguards for pension plans and health 
care benefit programs, and enhance penalties for crimes against 
seniors, and for other purposes.

[[Page 10225]]




                                 S. 818

  At the request of Mr. DeWine, the name of the Senator from North 
Carolina (Mr. Helms) was added as a cosponsor of S. 818, a bill to 
require the Secretary of Health and Human Services to conduct a study 
of the mortality and adverse outcome rates of medicare patients related 
to the provision of anesthesia services.


                                 S. 820

  At the request of Mr. Chafee, the name of the Senator from Kentucky 
(Mr. McConnell) was added as a cosponsor of S. 820, a bill to amend the 
Internal Revenue Code of 1986 to repeal the 4.3-cent motor fuel excise 
taxes on railroads and inland waterway transportation which remain in 
the general fund of the Treasury.


                                 S. 841

  At the request of Mr. Kennedy, the name of the Senator from Hawaii 
(Mr. Inouye) was added as a cosponsor of S. 841, a bill to amend title 
XVIII of the Social Security Act to provide for coverage of outpatient 
prescription drugs under the medicare program.


                                 S. 890

  At the request of Mr. Wellstone, the name of the Senator from 
Nebraska (Mr. Hagel) was added as a cosponsor of S. 890, a bill to 
facilitate the naturalization of aliens who served with special 
guerrilla units or irregular forces in Laos.


                                 S. 902

  At the request of Mr. Torricelli, the name of the Senator from 
California (Mrs. Feinstein) was added as a cosponsor of S. 902, a bill 
to amend title XIX of the Social Security Act to permit States the 
option to provide medicaid coverage for low-income individuals infected 
with HIV.


                                 S. 918

  At the request of Mr. Kerry, the names of the Senator from Ohio (Mr. 
DeWine), the Senator from West Virginia (Mr. Rockefeller), and the 
Senator from Oklahoma (Mr. Inhofe) were added as cosponsors of S. 918, 
a bill to authorize the Small Business Administration to provide 
financial and business development assistance to military reservists' 
small business, and for other purposes.
  At the request of Mr. Kerry, the name of the Senator from Oregon (Mr. 
Wyden) was withdrawn as a cosponsor of S. 918, supra.


                                S. 1007

  At the request of Mrs. Murray, her name was added as a cosponsor of 
S. 1007, a bill to assist in the conservation of great apes by 
supporting and providing financial resources for the conservation 
programs of countries within the range of great apes and projects of 
persons with demonstrated expertise in the conservation of great apes.


                                S. 1067

  At the request of Mr. Rockefeller, the name of the Senator from 
Missouri (Mr. Bond) was added as a cosponsor of S. 1067, a bill to 
promote the adoption of children with special needs.


                                S. 1070

  At the request of Mr. Bond, the name of the Senator from New Mexico 
(Mr. Domenici) was added as a cosponsor of S. 1070, a bill to require 
the Secretary of Labor to wait for completion of a National Academy of 
Sciences study before promulgating a standard, regulation or guideline 
on ergonomics.


                           Amendment No. 355

  At the request of Mr. Frist, the names of the Senator from Maine (Ms. 
Collins) and the Senator from Alabama (Mr. Sessions) were added as 
cosponsors of Amendment No. 355 proposed to S. 254, a bill to reduce 
violent juvenile crime, promote accountability by rehabilitation of 
juvenile criminals, punish and deter violent gang crime, and for other 
purposes.


                           Amendment No. 358

  At the request of Mr. Wellstone, the names of the Senator from 
Maryland (Ms. Mikulski) and the Senator from Iowa (Mr. Harkin) were 
added as cosponsors of Amendment No. 358 proposed to S. 254, a bill to 
reduce violent juvenile crime, promote accountability by rehabilitation 
of juvenile criminals, punish and deter violent gang crime, and for 
other purposes.
  At the request of Ms. Landrieu, her name was added as a cosponsor of 
amendment No. 358 proposed to S. 254, supra.


                           Amendment No. 361

  At the request of Mr. Robb, his name was added as a cosponsor of 
amendment No. 361 proposed to S. 254, a bill to reduce violent juvenile 
crime, promote accountability by rehabilitation of juvenile criminals, 
punish and deter violent gang crime, and for other purposes.
  At the request of Mr. Sessions, his name was added as a cosponsor of 
Amendment No. 361 proposed to S. 254, supra.

                          ____________________