[House Report 106-202]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-202

======================================================================



 
               VETERANS BENEFITS IMPROVEMENT ACT OF 1999

                                _______


 June 25, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Stump, from the Committee on Veterans' Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2280]

  The Committee on Veterans' Affairs, to whom was referred the 
bill (H.R. 2280) to amend title 38, United States Code, to 
provide a cost-of-living adjustment in rates of compensation 
paid for service-connected disabilities, to enhance the 
compensation, memorial affairs, and housing programs of the 
Department of Veterans Affairs, to improve retirement 
authorities applicable to judges of the United States Court of 
Appeals for Veterans Claims, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill as amended do pass.

  The amendments (stated in terms of the page and line numbers 
of the introduced bill) are as follows:

  Page 24, in the matter after line 14, strike ``projects'' and 
insert ``programs''.

  Page 32, line 22, strike ``last'' and insert ``at least''.

  Page 33, line 24, insert ``the'' after ``whichever is''.

  Page 41, beginning on line 15, strike section 504 (page 41, 
line 15 through page 42, line 23), and redesignate section 505 
as section 504 (page 43, line 1), and conform the table of 
contents in section 1(b) accordingly.

                              Introduction

    On June 10, 1999, the Subcommittee on Benefits met to 
receive testimony on H.R. 605, a bill to amend title 38 to 
improve retirement authorities applicable to judges of the U.S. 
Court of Appeals for Veterans Claims; H.R. 690, a bill to amend 
title 38 to add bronchiolo-alveolar carcinoma to the list of 
diseases presumed to be service-connected for certain 
radiation-exposed veterans; H.R. 708, to amend title 38 to 
provide for reinstatement of certain benefits administered by 
the Secretary of Veterans Affairs for remarried surviving 
spouses of certain veterans upon termination of their 
remarriage; H.R. 784, to amend title 38 to authorize the 
payment of dependency and indemnity compensation to the 
surviving spouses of certain former prisoners of war dying with 
a service-connected disability rated totally disabling at the 
time of death; H.R. 1214, to amend title 38 to provide for an 
enhanced quality assurance program within the Veterans Benefits 
Administration; and H.R. 1765, to amend title 38 to increase, 
effective December 1, 1999, the rates of disability 
compensation for veterans with service-connected disabilities 
and the rates of dependency and indemnity compensation for 
survivors of certain service-connected disabled veterans.
    On June 16, 1999, the Subcommittee on Benefits met to 
receive testimony on H.R. 1247, a bill to expand the fund 
raising authorities of the American Battle Monuments Commission 
to expedite the establishment of the World War II Memorial in 
the District of Columbia and to ensure adequate funds for the 
repair and long-term maintenance of the Memorial; H.R. 1476, a 
bill to direct the Secretary of Veterans Affairs to establish 
additional national cemeteries for veterans; H.R. 1484, a bill 
to authorize appropriations for Homeless Veterans Reintegration 
Program under the Stewart B. McKinney Homeless Assistance Act; 
H.R. 1603, a bill to amend title 38 to provide for permanent 
eligibility to former members of the Selected Reserve for 
veterans housing loans; H.R. 1663, a bill to designate as a 
national memorial the memorial being built at the Riverside 
National Cemetery in Riverside, California to honor recipients 
of the Medal of Honor; and H.R. 2040, a bill to provide for a 
comprehensive assessment of national cemeteries.
    The Subcommittee consolidated provisions of H.R. 605, H.R. 
690, H.R. 708, H.R. 784, H.R. 1214, H.R. 1247, H.R. 1476, H.R. 
1484, H.R. 1603, H.R. 1765, H.R. 2040, and H.J Res. 34, a joint 
resolution congratulating and commending the Veterans of 
Foreign Wars.
    On June 17, 1999, the Subcommittee on Benefits met and 
recommended that the draft bill be ordered reported favorably 
to the full Committee by unanimous voice vote.
    On June 23, 1999, the full Committee met and ordered H.R. 
2280, as amended, reported favorably to the House by unanimous 
voice vote.

                      Summary of the Reported Bill

    H.R. 2280 would:

    1.  Provide, effective December 1, 1999, a cost-of-living 
adjustment to the rates of disability compensation for veterans 
with service-connected disabilities and the rates of dependency 
and indemnity compensation for survivors of certain service-
connected disabled veterans. As in the past, the percentage 
amount would be equal to the increase in benefits provided 
under the Social Security Act, which reflects changes in the 
Consumer Price Index over a 12-month period.

    2.  Add bronchiolo-alveolar carcinoma, a rare form of lung 
cancer not associated with tobacco use, to the list of diseases 
presumed to be service connected and thus compensable for 
certain radiation-exposed veterans.

    3.  Authorize the payment of dependency and indemnity 
compensation to the surviving spouses of certain former 
prisoners of war with a service-connected disability rated 
totally disabling at the time of death.

    4.  Restore eligibility for CHAMPVA medical care, 
education, and housing loans to surviving spouses who lost 
eligibility for these benefits as the result of remarriage. 
These same spouses regained eligibility for dependency and 
indemnity compensation, but not these related benefits, as the 
result of legislation enacted in 1998.

    5.  Expand the fundraising authorities of the American 
Battle Monuments Commission (ABMC) to expedite the 
establishment of the World War II Memorial in the District of 
Columbia and ensure that adequate funds are available for the 
repair and long-term maintenance of the Memorial. To assure 
that groundbreaking, construction, and dedication of the 
Memorial are completed on a timely basis, the ABMC would be 
authorized to borrow up to $65 million from the U.S. Treasury.

    6.  Direct the Secretary of Veterans Affairs to obligate 
during fiscal year 2000 Advance Planning Funds to establish 
four additional national cemeteries for veterans, given the 
increased burials expected through 2008.

    7.  Require the Secretary of Veterans Affairs to contract 
for a comprehensive assessment of national cemeteries, 
including: the one-time repairs required at each national 
cemetery; the feasibility of making national cemetery standards 
of appearance commensurate with standards of the finest 
cemeteries in the world; the number of additional national 
cemeteries that will be required after 2005; and possible 
improvements to burial benefits, including increasing the 
amount of the plot allowance.

    8.  Provide permanent eligibility for former members of 
the Selected Reserve for veterans housing loan guaranties. 
Individuals would continue to be required to serve at least six 
years in the Reserves or National Guard to be eligible. The 
current program expires in 2003.

    9.  Authorize appropriations to the Department of Labor of 
$10 million for fiscal year 2000, $15 million for fiscal year 
2001, $20 million for fiscal year 2002, $25 million fiscal year 
2003, and $30 million for fiscal year 2004 for the Homeless 
Veterans' Reintegration Program.

    10. Make various improvements to the retirement and 
survivor annuity programs applicable to judges of the United 
States Court of Appeals for Veterans Claims, so as to be more 
consistent with those of other federal judges, and to encourage 
staggered retirement of judges now serving on the Court.

    11. Extend the VA's loan asset sale authority, extend the 
authority to verify income for VA pension purposes, and extend 
the formula for liquidation sales in connection with 
foreclosure of VA guaranteed loans.

    12. Provide for an enhanced quality assurance program 
within the Veterans Benefits Administration, requiring quality 
reviews of the Compensation and Pension Service, the Education 
Service, the Vocational Rehabilitation Service, the Loan 
Guaranty Service, and the Insurance Service.

    13. Codify recurring provisions in annual Department of 
Veterans Affairs Appropriations Acts.

                       Background and Discussion

                         TITLE I--COMPENSATION

    In May, 1999, there were approximately 2.3 million veterans 
receiving service-connected disability compensation. The 
Department of Veterans Affairs expects to spend more than $18 
billion in fiscal year 1999 on service-connected disability 
compensation. The basic purpose of the disability compensation 
program is to provide a measure of relief from the impaired 
earning capacity of veterans disabled as a result of their 
military service. The amount of compensation payable varies 
according to the degree of disability, which, in turn, is 
required by law to represent, to the extent practicable, the 
average impairment in earning capacity resulting from such 
disability or combination of disabilities in civilian 
occupations.
    To be eligible to receive service-connected disability 
compensation, a veteran must have contracted a disease, 
suffered an injury which is not the result of willful 
misconduct, or aggravated an existing disease or injury during 
active duty service, and must have been discharged under other 
than dishonorable conditions.
    The responsibility for determining a veteran's entitlement 
to service-connected disability compensation rests solely with 
the Department of Veterans Affairs.
    As of May, 1999, there were 283,385 surviving spouses and 
33,411 children receiving dependency and indemnity compensation 
(DIC). The VA expects DIC expenditures of $3.5 billion in 
fiscal year 1999. Widows and children of veterans who died of 
causes determined to be service-connected are entitled to 
receive monthly DIC.
    The purpose of this benefit authorized under chapter 13 of 
title 38, United States Code, is to provide partial 
compensation to the appropriate survivors for the loss in 
financial support due to the service-connected death. Income 
and need are not factors in determining a surviving spouse's or 
child's entitlement since the Nation assumes, in part, the 
legal and moral obligation of the veteran to support the spouse 
and children.
    In 1992, Congress reformed the manner in which payments of 
DIC are made. Under current law, for death occurring on and 
after January 1, 1993, a base rate of $861 per month is payable 
to a surviving spouse. Such amount is increased by $187 if the 
veteran suffered from a service-connected disability which was 
rated 100 percent disabling for a period of eight years 
immediately preceding death and if the veteran and surviving 
spouse were continuously married during that period. For 
service-connected deaths occurring prior to January 1, 1993, 
payment of DIC is made on the basis of the veteran's military 
pay grade if the result would be a higher benefit level than 
under the new payment structure. Rates for these 
``grandfathered'' surviving spouses range from $861 for the 
spouse of an E-6 to $1,834 for the surviving spouse of an O-10. 
Surviving spouses are currently entitled to an additional $217 
per month for each child.
    There is an additional allowance of $217 monthly which is 
payable to eligible surviving spouses who are patients in a 
nursing home or who are in need of the regular aid and 
attendance of another person.
    If there is no surviving spouse receiving dependency and 
indemnity compensation benefits but there is a surviving child, 
the child is entitled to $365 monthly with additional benefits 
for other children with certain limits due to age, disability, 
and status as a student.
SECTION 101. Increase in rates of disability compensation and 
        dependency and indemnity compensation.
    This section would increase, effective December 1, 1999, 
the rates of compensation for service-connected disabilities 
and the rates of dependency and indemnity compensation (DIC) 
for surviving spouses and children of veterans who die of 
service-connected causes, as well as the additional amounts for 
dependents and survivors, and clothing allowances for certain 
veterans. The percentage of increase would be the same as that 
automatically received by Social Security recipients.
    The Committee annually reviews the service-connected 
disability compensation and DIC programs to ensure that the 
benefits provide reasonable and adequate compensation for 
disabled veterans and their families. Based on this review, the 
Congress acts annually to provide a cost-of-living adjustment 
(COLA) in compensation and DIC benefits. The Congress has 
provided annual increases in these rates for every fiscal year 
since 1976.
SECTION 102. Presumption that bronchiolo-alveolar carcinoma is service-
        connected.
    Compensation benefits would be available to veterans who 
were exposed to radiation during their military service and who 
now have bronchiolo-alveolar carcinoma, a radiation-related 
cancer of the lung. A January, 1989, Department of Energy 
animal study concluded that bronchiolo-alveolar carcinoma is 
``the most common cause of delayed death from inhaled'' 
plutonium 239. In addition, in May of 1994, the Veterans' 
Advisory Committee on Environmental Hazards advised then-
Secretary Jesse Brown that bronchiolo-alveolar carcinoma may be 
associated with exposure to ionizing radiation. The Advisory 
Committee went on to state that when they had recommended that 
lung cancer be accepted as a radiogenic cancer, their intent 
was to include most forms of lung cancer, including bronchiolo-
alveolar carcinoma.
SECTION 103. Dependency and indemnity compensation for surviving 
        spouses of former prisoners of war.
    Under current law, DIC payments may be authorized for the 
survivors of veterans whose deaths were not the result of their 
service-connected disability if the veteran was rated totally 
disabled for a period of ten years or more immediately 
preceding his death. In the case of former prisoners of war, 
presumption of service-connection for some conditions has been 
in effect for less than ten years because Congress. This 
provision corrects the inequity in DIC that unintentionally 
penalized widows of former prisoners of war who were 100 
percent service-connected at the time of death, but died of a 
nonservice-connected condition before the minimum 10-year 
period of time required.
SECTION 104. Reinstatement of certain benefits for remarried surviving 
        spouses of veterans upon termination of their remarriage.
    Eligibility for CHAMPVA medical care, education, and 
housing loans would be restored to those surviving spouses 
whose eligibility had been severed as the result of remarriage. 
In the 105th Congress, legislation was passed (Public Law 105-
178) to allow the reinstatement of Dependency and Indemnity 
Compensation benefits to surviving spouses of veterans who 
subsequent remarriage had terminated, but did not include the 
benefits provided in this provision.

                       TITLE II--MEMORIAL AFFAIRS

            Subtitle A--American Battle Monuments Commission

    In 1993, Congress enacted Public Law 103-32 that authorized 
creation of the National World War II Memorial and directed the 
American Battle Monuments Commission (the Commission) to raise 
funds from private sources for construction of the Memorial. 
The Committee believes the Commission's efforts over the last 
six years are commendable. The design concept for the Memorial 
was approved last summer and the preliminary design was 
approved in June 1999. The Commission hopes to receive final 
design approval later this year.
    The National World War II Memorial will be the first 
national memorial dedicated to all those who served during that 
war and will recognize the commitment and achievement of the 
entire country. It will serve as a permanent tribute not only 
to those who fought to protect our nation, but also to those 
who served on the home front, both individually and in the work 
place.
    Since 1997, the Commission has created an aggressive 
fundraising program that is accelerating and delivering 
excellent results. Corporations, foundations, veterans groups, 
civic associations, states and individual Americans have 
contributed $57 million. Millions of interested and committed 
individuals are becoming involved in the respective campaigns 
of veterans groups. Leading the way is a $7.5 million 
commitment of the Veterans of Foreign Wars of the United 
States, a $3 million goal of The American Legion, and a 
$500,000 goal of the Non Commissioned Officers Association. The 
Commission has already received a $500,000 gift from the 
Disabled American Veterans, and the AMVETS, Association of the 
U. S. Army, the Military Order of the World Wars, and the 
Paralyzed Veterans of America have each donated or pledged 
$100,000 or more.
    The Commission reports its pace of fundraising has 
accelerated since approval of the design concept last summer; 
the Commission has raised $28.5 million since the beginning of 
this fiscal year. However, the Commission reports that many of 
its contributors have pledged large gifts over a four-to-five 
year period. The pledges cannot be applied to the requirement 
of the Commemorative Works Act to have available sufficient 
funds to complete construction of the Memorial. Due to these 
limitations, even at the Commission's accelerated fundraising 
pace, it may not be able to break ground until 2003; and the 
Memorial would not be dedicated until 2005.
    The Committee believes the issue is not if the World War II 
Memorial will be built, but when. The goal of the 
groundbreaking in the year 2000 was initially driven by the 
seven-year legislative deadline; this goal has become public 
expectation. The urgency is amplified by public awareness that 
1,000 World War II veterans die each day. Of the 16 million 
servicemen and women who served in uniform during World War II, 
only 6.3 million are alive today. The Commission's projections 
indicate that 1.2 million or more will die during the three-
year delay in dedication that would be caused by waiting until 
all funds are collected. The Committee believes the Commission 
is committed to keeping its fundraising efforts growing to make 
the Memorial a reality before the World War II generation it 
honors passes into history.
    The Committee notes that most of the provisions in Subtitle 
A of H.R. 2280 were substantively proposed by the 
Administration at the time of its FY 2000 budget submission in 
January, 1999. In particular, the Administration sought 
enactment of legislation that would: (a) preserve any funds 
remaining after completion of the National World War II 
Memorial in a fund in the United States Treasury dedicated to 
future expenses associated with the Memorial; (b) accord the 
Commission full authority to use and protect intellectual 
property interests to further efforts to generate funds for the 
construction of the National World War II Memorial; (c) enhance 
the Commission authority to accept voluntary services in 
furtherance of the National World War II Memorial; and (d) 
extend the period of time for the issuance of a construction 
permit for the National World War II Memorial until December 
31, 2005. The current legislative deadline is May 25, 2000.
    The Committee notes that H. R. 2280 also includes a 
provision it believes is essential to the Commission's success. 
This provision would allow the Commission borrowing authority 
to meet the requirement of the Commemorative Works Act to have 
the full cost of construction plus 10 percent for maintenance 
of the Memorial prior to groundbreaking.
    The Commemorative Works Act does not require the Commission 
to actually have 110 percent of the estimated cost of 
construction on hand in order to obtain a construction permit. 
It does, however, require the Commission to have access to such 
funds available at the time of the permit request. While the 
private sector often issues bonds or borrows funds against 
pledges receivable, these options are not available to agencies 
of the federal government.
SECTION 201. Codification and expansion of the authority for World War 
        II Memorial.
    This section of the bill authorizes the American Battle 
Monuments Commission (a) to solicit and accept contributions 
for a World War II Memorial in the District of Columbia; (b) 
create in the Treasury a fund for this purpose; (c) establish 
the uses for the fund, including for establishing the Memorial 
and its maintenance and preservation, and for other expenses; 
and (d) provide the Commission the authority to borrow up to 
$65 million from the Treasury for groundbreaking, construction, 
and dedication of the Memorial on a timely basis.
    With respect to the borrowing authority authorized by the 
Committee bill, the Committee reiterates that while the private 
sector often issues bonds or borrows funds against pledges 
receivable, these options are not available to agencies of the 
Federal government. In fact, as Major General John P. Herrling, 
Secretary, American Battle Monuments Commission, testified at 
the Subcommittee's June 16 hearing, beginning construction 
before receipt of all necessary funds is not an uncommon 
endeavor and is often done in the private sector. The Statue of 
Liberty-Ellis Island project, the Japanese American National 
Museum in Los Angeles, the New York Hospital building, and the 
American Society of Civil Engineers headquarters in Reston, 
Virginia, are but a few examples where construction was begun 
before the campaign goal was achieved. General Herrling also 
advised the Committee that the solicitation of private 
contributions was not hampered by initiation of construction on 
these projects.
    Accordingly, the Committee bill seeks to give the 
Commission a similar authority by authorizing the Commission to 
borrow from the Treasury--in effect, granting the Commission a 
line of credit. Moreover, General Herrling testified that if 
such authority existed, the required funds would be available, 
even if never used, and construction of the Memorial could 
begin tomorrow. General Herrling also testified that some 
foundations will not provide support until actual construction 
has begun, and there is a high degree of assurance that 
financing, similar to borrowing authority, is available for the 
project. Further, General Herrling testified that the borrowing 
authority will enhance solicitation within the corporate and 
foundation community and, therefore, expedite the completion of 
the World War II Memorial Campaign. Finally, General Herrling 
testified that although 15 states have passed legislation 
pledging $15 million to the Memorial, and 20 additional states 
have introduced legislation to do so, the remaining 15 states 
have not made a commitment to do so. He said Congressional 
approval of borrowing authority would guarantee groundbreaking 
and demonstrate a national commitment that could bring the 
remaining states on board.
    With respect to volunteers, the Commission reports there 
are more than 200 individual volunteers and four Community 
Action Councils working in support of the campaign. The 
Committee bill permits compensation for injuries a volunteer 
might sustain in the course of supporting authorized programs 
of the Memorial.
SECTION 202. General authority to solicit and receive contributions.
    This section would specify the conditions by which the 
Commission may solicit and receive funds, in-kind donations, 
and gifts from any State, municipal, or private source to carry 
out its mission. The Commission reports that direct mail has 
helped the Commission educate the giving public and continues 
to provide a profitable return for each dollar invested. 
Americans have responded in record numbers--more than 325,000 
to date, generating a net profit of $6.3 million. The 
Commission processes more than 20,000 donations per month.
SECTION 203. Intellectual property and related items.
    This section would authorize the Commission to use and 
register intellectual property and grant licenses and enforce 
such authority. It also requires that the Secretary of Defense 
provide the Commission with a legal representative in 
administrative proceedings before the Patent and Trademark 
Office and Copyright Office.
    This authority is sought by the Commission to enhance the 
Commission's ability to obtain corporate contributions through 
national trademark-based licensing programs.

                    Subtitle B--National Cemeteries

SECTION 211. Establishment of additional national cemeteries.
    The National Cemetery Administration (NCA), Department of 
Veterans Affairs (VA), provides and maintains national 
cemeteries as national shrines honoring those who served in 
uniform. These national shrines must provide each veteran with 
a final resting place that reflects the high honor, dignity and 
respect he or she has earned. Currently, 115 cemeteries in 41 
states, the District of Columbia and Puerto Rico comprise the 
National Cemetery Administration. Successive years of 
restrained resources have made it impossible to address NCA's 
long-term operational and field management needs. Budgetary 
shortfalls have forced the system to address interments and 
only the highest priority projects while important routine and 
preventative maintenance and infrastructure repairs have been 
delayed or not done at all.
    Section 211 would require the Secretary of Veterans Affairs 
to establish, in accordance with chapter 24 of title 38, a 
national cemetery in each of the four areas of the United 
States that the Secretary determines to be most in need of a 
cemetery to serve the needs of veterans and their families. It 
also requires the Secretary to: (a) obligate fiscal year 2000 
Advance Planning Funds (APF) for this purpose; and (b) submit a 
report to the Congress within 120 days of enactment setting 
forth the four areas, a schedule for establishment, the 
estimated cost associated with establishment, and the amount 
obligated under the APF for this purpose. This section further 
requires the Secretary to submit to the Congress an annual 
update of the report required above.
    VA reports that at the end of FY 1998, of the 115 existing 
national cemeteries, only 57 contained available, unassigned 
gravesites for the burial of both casketed and cremated 
remains; 33 accepted only cremated remains, and the remains of 
family members for interment in the same gravesite as a 
previously deceased family member.
    The death rate of World War II veterans is more than 1,000 
per day and accelerating. By 2008, veterans will die at a rate 
of 1,700 per day. Even though VA has identified seven 
geographic areas in great need of a new cemetery, the Committee 
is unaware of VA plans to construct new cemeteries beyond the 
year 2000. In the Committee's opinion, VA has not addressed how 
it will meet the increased demand for burials at national 
cemeteries over the next decade.
SECTION 212. Independent study on improvements to veterans' cemeteries.
    Section 212 would require the Secretary of Veterans Affairs 
to enter into a contract with one or more qualified 
organizations to conduct a study of national cemeteries. The 
study shall include an assessment of each of the following: (a) 
the one-time repairs required at each national cemetery under 
the jurisdiction of NCA, to ensure a dignified and respectful 
setting appropriate to such cemetery, taking into account the 
variety of age, climate, and burial options at individual 
national cemeteries; (b) the feasibility of making standards of 
appearance of such national cemeteries commensurate with 
standards of appearance of the finest designed and maintained 
cemeteries in the world; (c) the number of additional national 
cemeteries that will be required for the interment and 
memorialization in such cemeteries of individuals who die after 
2005; and (d) improvements to burial benefits under chapter 23 
of title 38, United States Code, including a proposal to 
increase the amount of the benefit for plot allowances under 
section 2303(b) to better serve veterans and their families.
    In presenting the assessment of additional national 
cemeteries required under paragraph (c), the report shall 
identify by five-year periods, beginning with 2005 and ending 
with 2020, the following: (a) the number of additional national 
cemeteries required during each five-year period; and (b) with 
respect to each five-year period, the areas in the United 
States with the greatest concentration of veterans whose needs 
are not served by national cemeteries or State veterans' 
cemeteries.
    Not later than one year after the date on which a qualified 
organization enters into a contract, the organization would be 
required to submit to the Secretary a report setting forth the 
results of the study conducted and its conclusions. Not later 
than 120 days after the date on which the report is submitted, 
the Secretary would be required to transmit to the Committees 
on Veterans' Affairs of the House of Representatives and the 
Senate a copy of the report together with the Secretary's 
comments on the report.
    The average age of the veteran population is rising, and 
the death rate will peak in 2008. Despite this demographic 
imperative, the VA has no plans to construct new cemeteries 
beyond the year 2000 and has not addressed how it will meet the 
increased requests for burials at national cemeteries over the 
next decade. NCA's ability to meet the increasing demand for 
burial benefits in future years is contingent on a long-term 
planning strategy. The lack of an articulated long-range 
strategy and proposed funding for new national cemeteries is of 
great concern to veterans. Also, an evaluation of the need for 
an increase of the burial plot allowance amount is necessary. 
The VA Committee recognizes that any increase of the plot 
allowance would likely have a pay-go implication under the 
Budget Act, requiring an offset of any increased spending by 
cost reductions in existing veterans programs.

                           TITLE III--HOUSING

SECTION 301. Permanent eligibility for housing loans for former members 
        of the Selected Reserve.
    The Department of Veterans Affairs authority to guarantee 
home loans for members of the National Guard and Reserve 
(Selected Reserve) components will expire on September 30, 
2003. As part of today's Total Force Concept, the Selected 
Reserve is called upon more and more to provide peacetime and 
combat-ready support for contingencies around the world. The 
Selected Reserve represents a stable force that acts as a 
storehouse for skilled personnel and an effective means to 
retain personnel departing the active services. Unfortunately, 
the current home loan benefit is very limited as a recruiting 
incentive since recruits are not eligible for the benefit until 
they have served honorably for six years. A new recruit will 
not be eligible for the benefit before the current authority 
for the loan expires.
    The Committee notes that in its January 14, 1999, report to 
Congress, the Congressional Commission on Servicemembers and 
Veterans Transition Assistance (Transition Commission) 
acknowledged the important role Reservists play in the Total 
Force Concept and recommended that Reservists' eligibility 
should be permanent and identical to the active duty benefit. 
The Committee believes that Reservists have earned this modest 
benefit by virtue of their long and honorable service.
    VA observes that home loans made to Selected Reservists 
have a lower default rate than loans made to veterans using the 
active-duty benefit. Under current law, Selected Reservists pay 
an additional 0.75 percent funding fee. The Department has 
guaranteed about 65,756 loans for members of the Selected 
Reserve of which 67 percent were made to first-time buyers. VA 
data show that only 93 of 33,224 loans made to Reservists as of 
1996 have been foreclosed--a rate of 0.37 percent. Foreclosure 
rates for loans made during a comparable period by other VA 
loan guaranty programs are 0.97 percent--more than two and a 
half times higher.
    Given the important role that the Selected Reserve plays in 
our nation's Total Force Concept, the cost-effectiveness, 
popularity, and performance of this program, and its general 
desirability as a recruiting tool, making the program permanent 
is appropriate. The Committee sees little advantage in 
continuing to authorize this program on an incremental basis.
SECTION 302. Homeless Veterans' Reintegration Programs.
    This section authorizes appropriations to the Department of 
Labor (DOL) of $10 million in FY 2000, $15 million in FY 2001, 
$20 million in FY 2002, $25 million in FY 2003, and $30 million 
in FY 2004 for the Homeless Veterans' Reintegration Program 
(HVRP). The HVRP brings together a vast resourcery of community 
resources to a common task to enable homeless veterans to find, 
secure, and keep a job.
    The National Coalition for Homeless Veterans estimates that 
one-third of the homeless men in the United States are 
veterans. On any given evening, it is estimated that more than 
275,000 veterans, the equivalent of 17 infantry divisions, will 
sleep in doorways, in boxes, and on grates in our cities--and 
in barns, and lean-tos, and on the ground in rural America. The 
January, 1999, report of the Transition Commission estimates 
the number of homeless veterans to be even higher, between 
300,000 and 500,000.
    The Committee notes that since 1988, the Homeless Veterans' 
Reintegration Program, a modest, cost-effective program 
designed to help homeless veterans reenter and succeed in the 
job market, has proven its worth. The Department of Labor 
reports that more than 24,600 homeless veterans have received 
help and support from community-based organizations funded 
under HVRP, and 13,308 of these veterans have been placed in 
jobs at a cost of less than $1,500 per veteran.
    The Committee notes the Transition Commission found that 
``[h]omeless veterans personify the ultimate stage of a failed 
transition from active duty to civilian life'' and that the 
``Department of Labor's HVRP program has proven itself a cost-
efficient model for employment and training of homeless 
veterans.'' The Committee agrees.
    The HVRP, although limited by funding to serving a very 
small percentage of the total homeless veteran population, has 
several unique virtues.
    First, the funds may be used to serve any homeless veteran, 
with no restrictions.
    Second, the grants are competitively awarded to service 
providers with proven track records in serving effectively and 
efficiently this unique population.
    Third, the funds are dedicated to employment assistance 
activities and may not be diverted to other homeless veterans' 
needs (such as housing), which increases the likelihood of the 
attendant job placement goals being met or exceeded.
    Last, the funds are administered by the Veterans Employment 
and Training Service, a Department of Labor agency dedicated to 
serving veterans and experienced in managing job placement 
programs.
    HVRP is viewed by stakeholders and Federal partners as the 
linchpin for homeless veterans. Other Federal programs simply 
provide shelter and will continue to do so, but without jobs, 
these veterans will not be able to leave the shelters and seek 
full economic opportunity and independence. Cumulatively, from 
program year 1989 to 1994, the HVRP served 19,516 veterans and 
placed into jobs 9,808 veterans who were homeless, with a total 
funding of $19 million. In program year 1994, with a total of 
$5.5 million, the program served 7,432 veterans and placed 
4,017 homeless veterans.
    The Committee notes the demand for HVRP grants is a good 
indicator of communities' interest in helping homeless 
veterans. The Veterans Employment and Training Services' recent 
solicitation for grant applications to operate the HVRP 
programs drew 53 applications for funding. VETS was able to 
fund 18 urban and 4 rural areas. The 53 applicants requested a 
total of $6.3 million in funding despite limitations on HVRP 
grantees (not more than $150,000 per project, restricted to the 
largest 75 metropolitan areas). Interest in metropolitan areas 
in assisting homeless veterans is high. Response to the rural 
HVRP solicitation for grant applications was similiar; there 
were nine applicants requesting $629,000 in assistance despite 
restrictions on HVRP grantees.
    This year the President has proposed $5 million for HVRP. 
The Committee notes that the funding for HVRP veterans' 
employment and training initiatives has failed to keep pace 
with the funding for other agencies that provide transitional 
housing and supportive services. For example, Congress has 
increased funding for HUD-administered homeless programs from 
$72 million in FY 1988 to $823 million in FY 1998, and also 
increased health care and substance abuse programs administered 
by the Department of Veterans Affairs from $13 million to $76 
million during the same time period.
SECTION 303. Transitional housing loan guarantee program technical 
        amendment.
    This section would authorize periodic audits of the 
multifamily transitional housing project, after the first three 
years of the project's operation. Congress authorized the 
Guaranteed Transitional Housing Loans for Homeless Veterans 
Program in Public Law 105-368. The program is a pilot project 
designed to expand the supply of transitional housing for 
homeless veterans. This program will guarantee up to 15 loans 
with a maximum aggregate value of $100 million. Not more than 
five loans may be guaranteed in the first three years of the 
program.

             TITLE IV--COURT OF APPEALS FOR VETERANS CLAIMS

    The Judicial Review Act of 1988, Public Law 100-687, 
created in 1989 the U.S. Court of Appeals for Veterans Claims 
as an Article I court. The Committee attempted to replicate 
many of the features of the Federal Tax Court when drafting the 
current statutory provisions governing the Court of Appeals for 
Veterans Claims. The Court's seven judges are appointed by the 
President for a 15-year term and may be reappointed.
    During the 105th Congress, the House passed legislation 
incorporating many changes to current law requested by the 
Court. Because the Senate did not concur with the need for many 
of these changes, they did not become law. In the 106th 
Congress, Mr. Stump and Mr. Evans introduced H.R. 605 on 
February 4, 1999, and the Court provided views on H.R. 605 on 
May 14, 1999. In proposing these changes, the Committee intends 
to create a personnel system that provides equity relative to 
other federal court systems and encourages efficient management 
of the Court's workload.
    Because the Court was established in 1989, and the initial 
appointments to the Court were made relatively close in time to 
one another, five of the remaining six original appointees will 
be eligible for retirement within an 11-month period in 2004 
and 2005. The Committee is very concerned that such an en masse 
departure would shut down the Court, with disastrous 
consequences for veterans whose appeals are pending.
    To smooth the workload for active judges and to retain a 
court's experience base, nearly all retired federal judges 
volunteer to continue working on a part-time basis. They 
usually carry about 25 percent of a normal caseload and in 
return, receive retired pay equal to that of an active judge. 
Judges who do not volunteer for part-time work while retired do 
not receive the increased retired pay. The Committee believes 
that it is important to provide the Court and its retired 
judges the same authority and responsibilities as other federal 
court systems as an effective tool to prevent lengthening the 
time a veteran must wait for a decision on an appeal.
    The Committee does not intend for the Court's ability to 
recall retired judges to be a means to increase the number of 
active members of the Court through non-legislative means. The 
Committee believes the authority to recall retired judges 
should be used only when necessary to avoid increased delays in 
decisions on claims.
SECTION 401. Authority to prescribe rules and regulations.
    Section 401 would allow the Court to prescribe rules and 
regulations applicable to chapter 72, title 38 U.S.C., 
subchapters III and V.
SECTION 402. Recall of retired judges.
    This section requires a retiring judge of the U.S. Court of 
Appeals for Veterans Claims to make an irrevocable decision at 
the time of retirement as to whether he or she will be 
available for recall to service as a judge of the Court. 
Section 402 also authorizes the Chief Judge of the Court to 
recall retired judges for periods of up to 90 days, or for up 
to 180 days with the written consent of the retired judge, and 
establishes conditions for removal from recall status and the 
pay of recall-eligible judges.
SECTION 403. Calculation of years of service as a judge.
    Section 403 directs that 183 days or more of service be 
counted as a full year in the calculation of years of service 
for the purposes of retirement.
SECTION 404. Judges' retired pay.
    This section would authorize pay for recall-eligible 
retired judges at the rate paid to active judges of the Court, 
and for those who are not recall-eligible at the rate of pay on 
the date of retirement. Increases in the salary of active 
judges would also be provided to recall-eligible judges. No 
increase would be provided for non-recall eligible judges. 
Judges whose retirement benefit is less than the salary of 
office and who are available for recall would be eligible for 
periodic increases provided to other federal retirees as long 
as retired pay does not exceed the pay of active judges. This 
section also would direct that if a regular or reserve member 
of a uniformed service who is receiving retired or retainer pay 
becomes a judge of the Court, or becomes eligible therefor 
while a Judge of the Court, such retired or retainer pay shall 
not be paid during the Judge's regular active service on the 
Court, but shall be resumed or commenced without reduction upon 
retirement as a judge.
SECTION 405. Survivor annuities.
    This section would change the required contributions and 
eligibility requirements for the survivor annuity program to 
make it consistent with the Judicial Survivor Annuity System 
(JSAS), the survivor annuity program for Article III judges.
SECTION 406. Limitation on activities of retired judges.
    The Committee believes that it is inappropriate for a 
retired judge of the Court to represent veterans while drawing 
retired pay because such representation creates a potential 
conflict of interest, especially if the judge is recall-
eligible. If a recall-eligible judge represents a client in 
making any claim against the Court, he or she will be 
considered to have declined recall service and be removed from 
the status of a recall-eligible judge. The pay of the judge 
will remain the pay at the time of the removal of recall 
status. This section also clarifies that a recall-eligible 
judge is considered to be an officer or employee of the United 
States only during periods when the judge is actually serving 
in recall status.
SECTION 407. Early retirement authority for current judges in order to 
        provide for staggered terms of judges.
    Section 407 would authorize early retirement of one judge 
per year for the years 1999 through 2003. This provision would 
eliminate the potential for en masse retirements and provide 
for an orderly replacement of the current panel of judges. The 
provision would also specify the computation of reduced retired 
pay for judges who retire early. Under the formula, a judge's 
age and years of judicial service would be divided by 80 to 
yield a percentage to be applied to the retirement benefit 
currently authorized for judges of the Court.

                         TITLE V--OTHER MATTERS

SECTION 501. Repeal of certain sunset provisions.
    This section would continue cost savings provisions by 
extending the loan asset sale authority in chapter 37 of title 
38, United States Code, extending the income verification for 
pension provision in chapter 53 of title 38, U.S.C., and 
extending the formula for liquidation sales in chapter 37 of 
title 38, U.S.C.
    Section 3720(h) of title 38, United States Code, authorizes 
VA to guarantee the timely payment of principal and interest to 
purchasers of real estate mortgage investment conduits 
(REMICs). REMICs are used to ``bundle'' and market vendee loan 
notes. Such notes are made in connection with the sale of 
properties by VA to purchasers of VA-acquired real estate. 
Using this authority, VA guarantees to REMIC purchasers that 
principal and interest will be paid in a timely manner which in 
turn enhances the value of the REMICs in the secondary market 
and increases the return to VA when such securities are sold. 
This provision expires on September 30, 2002.
    Section 3732 of title 38, United States Code, specifies 
that VA has two options when a property, the financing of which 
is guaranteed under the VA Home Loan Guaranty Program, goes 
into foreclosure. VA may simply pay off the guaranty, or elect 
to purchase the property securing the loan in default and 
resell it. The decision on the course of action to take 
depends, generally, on VA calculations as to which action would 
be less costly and, therefore, more advantageous to the 
government. The Secretary's authority to use ``no-bid'' 
procedures, by which VA determines which option is more 
advantageous, expires on October 1, 2002.
    VA administers a needs-based pension program and provides 
priority access to health care services on a means-tested 
basis. Section 5317 of title 38, United States Code, and 
section 6103 of the Internal Revenue Code of 1986, authorize VA 
to verify the eligibility of recipients of, or applicants for, 
VA needs-based benefits and VA means-tested medical care by 
gaining access to income records of the Department of Health 
and Human Services/Social Security Administration and the 
Internal Revenue Service. These provisions were originally 
enacted as section 8051 of Public Law 101-508, the Omnibus 
Budget Reconciliation Act of 1990. This provision expires 
September 30, 2002.
SECTION 502. Enhanced quality assurance program within the Veterans 
        Benefits Administration.
    Section 502 requires the Secretary of Veterans Affairs to 
implement a program to review and evaluate initial decisions 
made by the Veterans Benefits Administration (VBA) on claims 
for compensation, pension, education, vocational rehabilitation 
and counseling, home loans, and insurance benefits. The program 
must comply with generally accepted governmental standards for 
independence and internal control. Currently, VBA has 25.3 FTE 
devoted to quality review in the five services. Nonetheless, 
the Strategic Technical Accuracy Review reports an accuracy 
rate of only 64 percent in a review of claims involving more 
difficult rating decisions. This is less than two of three 
claims correctly decided. This provision addresses problems 
identified by the General Accounting Office and the VA 
Inspector General in their reviews of VBA quality assurance 
programs. While the statute calls for adequate staff to assure 
that the relevant governmental standards are met, no additional 
staffing is mandated in Section 502.
SECTION 503. Extension of Advisory Committee on Minority Veterans.
    Section 503 extends the Advisory Committee on Minority 
Veterans, which was established in Public Law 103-466. The 
Advisory Committee provides advice and consultation on the 
needs, problems, and concerns of the minority veterans' 
community. Because of concerns about whether the Secretary and 
other officials with responsibility for program management are 
utilizing recommendations made by this and other statutory 
advisory committees, the Committee plans to conduct further 
oversight of these advisory committees. If the advisory 
committees cannot demonstrate the relevance of their 
activities, the Committee may reexamine their charters.
SECTION 505. Codification of recurring provisions in annual Department 
        of Veterans Affairs appropriations acts.
    This provision, effective for fiscal year 2001, enacts as 
permanent law in title 38, United States Code, certain 
recurring provisions of annual appropriations Acts. Each year 
the annual DVA appropriations Act includes in each 
appropriating paragraph certain recurring ``boilerplate'' 
language that is unchanged from year to year. In many cases, 
this language is quite complex, resulting in a statutory 
provision that is quite difficult to read. Much of this 
language provides annual authority for the use of the funds for 
certain incidental or related purposes not otherwise authorized 
by law. The Committee's provision would enact many of those 
recurring provisions as permanent law. This would obviate the 
need to repeat the language year after year, would provide 
greater certainty to the executive branch as to the permanence 
of those provisions, and would make the annual provisions of 
the DVA appropriations Act both easier to prepare and easier to 
read. It is expected that in the future the annual 
appropriations paragraph could simple state an appropriation as 
being ``For [major purpose], including the purposes stated in 
[section reference] of title 38, United States Code, $    ''.

                      Section-By-Section Analysis

    Section 1 states that the title of the Act is the 
``Veterans Benefits Improvement Act of 1999''.
    Section 2 states that all references made in the Act are to 
title 38, United States Code, unless otherwise specified.

                                TITLE I

    Section 101 would direct the Secretary to increase the 
service-connected compensation, dependency and indemnity 
compensation (DIC), and related payments made to veterans and 
their survivors under chapters 11 and 13 of title 38, United 
States Code, by a percentage equal to that given to Social 
Security recipients. This amount is based upon changes in the 
Consumer Price Index.
    Section 102 would amend section 1112 (c) (2) by adding 
bronchiolo-alveolar carcinoma to the list of presumed service-
connected illnesses in veterans exposed to radiation.
    Section 103 would amend section 1318(b) to authorize the 
payment of DIC to the surviving spouses of veterans dying after 
September 30, 1999, who were former prisoners of war, were 
rated totally disabled for service-connected disability at the 
time of death, and had been diagnosed as having a disease 
specified in section 1112(b); such section lists diseases that 
may be service-connected on a presumptive basis when becoming 
manifest to a degree of disability of ten percent or more in a 
former prisoner of war.
    Section 104 would amend section 103(d) to restore 
eligibility for medical care for veterans' survivors and 
dependents under section 1713 (CHAMPVA), educational assistance 
under chapter 35, and housing loans under chapter 37. (Congress 
already enacted similar provisions with respect to DIC in 
section 8207 of the Transportation Equity Act for the 21st 
Century, Public Law 105-178.)

                                TITLE II

    Section 201(a) would amend chapter 21 of title 36, United 
States Code, by adding a new section 2113 that would expand and 
clarify the American Battle Monument Commission's (ABMC) 
existing authority under P. L. 103-32 to solicit and accept 
contributions for a World War II memorial in the District of 
Columbia; (a) new section 2113(a) would continue the ABMC's 
authority to solicit and accept contributions for a memorial to 
be established by the ABMC 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; (b) new section 2113(b) would 
codify the existing WWII memorial fund and modify it to reflect 
changes contained in this section; (c) new section 2113(c) 
would modify the purposes for which funds deposited in the 
Treasury may be used; (d) new section 2113(d) would provide the 
ABMC authority to borrow up to $65 million from the Treasury 
for groundbreaking, construction, and dedication of the 
Memorial on a timely basis; (e) new section 2113(e) speaks to 
treatment of borrowing authority and would require that in 
determining whether the ABMC has sufficient funds to complete 
construction of the World War II Memorial, as required by 
section 8 of the Commemorative Works Act, the Secretary of the 
Interior shall consider the $65 million in funds that the ABMC 
may borrow from the Treasury as funds available to complete 
construction of the memorial, whether or not the ABMC has 
actually exercised the authority to borrow such funds; (f) new 
section 2113(f) would authorize the ABMC to accept voluntary 
services in furtherance of the fundraising activities relative 
to the Memorial and to (1) establish that a person providing 
voluntary services shall be considered to be a Federal employee 
for purposes of chapter 81 of title 5, United States Code, 
relating to compensation for work-related injuries, and chapter 
171 of title 28, relating to tort claims; (2) authorize the 
ABMC to provide for reimbursement of incidental expenses that 
are incurred by a person providing voluntary services; and (3) 
disallow the use of volunteer services to displace or replace 
any Federal employee; (g) new section 2113(g) requires that a 
contract entered into by the ABMC for the design or 
construction of the World War II Memorial is not a funding 
agreement as that term is defined in section 201 of title 35, 
United States Code; and (h) new section 2113(h) would extend 
the authority to establish the Memorial to December 31, 2005; 
section 201(b) would make conforming amendments to Public Law 
103-32 (40 U.S.C. 1003 note) by striking sections 3, 4, and 5; 
and section 201(c) would upon enactment of this Act, require 
the Secretary of the Treasury to transfer amounts in the 
memorial fund created by section 4(a) of P. L. 103-32 to the 
fund that would be created by section 2113(b) of title 36, 
United States Code, as added by subsection 2113(a).
    Section 202 would amend section 2103(e) of title 36, United 
States Code, to specify the conditions by which the Commission 
may solicit and receive funds and in-kind donations. It expands 
the sources from which the Commission may solicit and receive 
such funds and requires the Commission to prescribe guidelines 
to avoid conflicts of interest.
    Section 203 would amend chapter 21 of title 36, United 
States Code, by adding a new section 2114 entitled 
``intellectual property and related items'' to (a) authorize 
the Commission to use and register intellectual property and 
grant licenses, and enforce such authority; and (b) require 
that the Secretary of Defense provide the ABMC with a legal 
representative in administrative proceedings before the Patent 
and Trademark Office and Copyright Office.
    Section 204 would make technical amendments to chapter 21 
of title 36, United States Code.
    Section 211 would require the Secretary of Veterans Affairs 
to establish, in accordance with chapter 24, a national 
cemetery in each of the four areas of the United States that 
the Secretary determines to be most in need of a cemetery to 
serve the needs of veterans and their families. It also 
requires the Secretary to (a) obligate fiscal year 2000 Advance 
Planning Funds (APF) for this purpose; and (b) submit a report 
to the Congress within 120 days of enactment setting forth the 
four areas, a schedule for cemetery establishment, the 
estimated cost associated with each establishment, and the 
amount obligated under the APF for this purpose. This section 
further requires the Secretary to submit to the Congress an 
annual update of the report required above.
    Section 212 would require the Secretary of Veterans Affairs 
to contract for an independent assessment on improvements 
needed at veterans cemeteries, including: (a) one-time repairs; 
(b) standards of appearance; (c) the number of cemeteries that 
will be required by five-year period beginning with 2005 and 
ending with 2020; and (d) needed improvements to burial 
benefits, including plot allowances. This section further would 
require that the organization conducting the independent 
assessment submit its report to the Secretary of Veterans 
Affairs within one year and that within 120 days thereafter the 
Secretary transmit the report to the Committees on Veterans' 
Affairs of the House and Senate, along with any comments the 
Secretary may have.

                               TITLE III

    Section 301 would amend section 3702 (a)(2)(E) to make 
permanent the entitlement for VA housing loan benefits 
currently furnished to persons who serve for six years in the 
Selected Reserve.
    Section 302 would add a new section to chapter 4 of title 
38, United States Code, to authorize an appropriation to the 
Department of Labor of $10 million for fiscal year 2000, $15 
million for fiscal year 2001, $20 million for fiscal year 2002, 
$25 million for fiscal year 2003, and $30 million for fiscal 
year 2004 for the Homeless Veterans' Reintegration Program.
    Section 303 would amend section 3775 to authorize periodic 
audits of the multifamily transitional housing project after 
the first three years of the project's operation.

                                TITLE IV

    Section 401 would amend section 7254 to give the Court of 
Appeals for Veterans Claims (the Court) the authority to 
prescribe rules and regulations to carry out chapter 72.
    Section 402 would create a new section 7257 that would 
require a retiring judge of the Court to make an irrevocable 
decision at the time of retirement as to whether the judge will 
be available for recall to service as a judge of the Court. 
This section also would authorize the Chief Judge of the Court 
to recall retired judges for periods of up to 90 days, or for 
up to 180 days with the written consent of the retired judge, 
and establishes conditions for removal from recall status and 
the pay of recall-eligible judges.
    Section 403 would amend section 7296(b) to add a new 
paragraph directing that 183 days or more of service be counted 
as a full year in the calculation of years of service for the 
purposes of retirement.
    Section 404 would amend section 7296(c)(1) to authorize pay 
for recall-eligible judges at the rate paid to active judges of 
the Court, and those who are not recall-eligible at the rate of 
pay on the date of retirement. Increases in the salary of 
active judges would also be provided to recall-eligible judges. 
No increase would be provided for non-recall eligible judges. 
Judges whose retirement benefit is less than the salary of 
office and who are available for recall would be eligible for 
periodic increases provided to other federal retirees as long 
as retired pay does not exceed that pay of active judges.
    Section 405 would amend section 7297(a)(5) to make a number 
of changes to the annuity plan for the survivors of deceased 
judges, making it comparable to the Judicial Survivor Annuity 
System (JSAS), the survivor annuity program for Article III 
judges. It would (a) reduce the period necessary to qualify as 
a surviving spouse from two years (38 U.S.C. 7297(a)(5)) to one 
year, as provided by the JSAS. For JSAS, see 28 U.S.C. section 
376(a)(3)(A); (b) expand the period to elect participation 
while in office (38 U.S.C. section 7297(b)) to permit a retired 
judge who marries to elect participation within six months 
after marriage, as provided for by JSAS. For JSAS, see 28 
U.S.C. section 376(a)(1)(ii); (c) revise the amount of 
contributions (38 U.S.C. section 7297(c)) by judges from 3.5 
percent to 2.2 percent of salary and retired pay, in accordance 
with the comparable JSAS levels. For JSAS, see 28 U.S.C. 
section 376(b)(1), (b)(1)(B); (d) exclude from the 3 percent 
annum interest payment requirement (38 U.S.C. section 7297(d)) 
any period during which a judge was separated from certain 
previous service as described in 28 U.S.C. section 376(d)(2) 
and was not receiving retired pay based on service as a judge 
or retirement salary as defined in 28 U.S.C. section 376(a)(2); 
such interest payment is not required by JSAS. For JSAS, see 28 
U.S.C. section 376(a)(2), (d)(2); (e) reduce the minimum period 
of civilian service needed for purposes of eligibility for a 
survivor annuity from five years (38 U.S.C. section 7297(f)(1), 
(h)(1)) to 18 months, and provide for an exemption from the 18-
month requirement where the judge has been assassinated, both 
as provided for in JSAS. For JSAS, see 28 U.S.C. sections 
376(o)(1)(A), (B) and 376(h)(1)(B), (o)(2); and (f) eliminate 
the requirement that the surviving spouse be at least 50 years 
of age in order to receive a survivor annuity (38 U.S.C. 
section 7297(f)(1)(A)); no minimum age is provided for in JSAS. 
For JSAS, see 28 U.S.C. section 376(h)(1)(i).
    Section 406 would add a new section to chapter 72 requiring 
that if a recall-eligible judge represents a client in making 
any claim related to veterans' benefits against the United 
States or an agency of the United States, the judge will be 
considered to have declined recall service and shall be removed 
from the status of a recall-eligible judge. The pay of the 
judge would be frozen at the rate of pay of the judge at the 
time of the removal from recall status. Section 7299(b) also 
clarifies that a recall-eligible judge is considered to be an 
officer or employee of the United States only during periods 
when the judge is actually in recall status.
    Section 407 would authorize early retirement of one judge 
per year for the years 1999 through 2003. This provision would 
eliminate the potential for en masse retirements and provide 
for an orderly replacement of the current panel of judges. The 
provision would also specify the computation of reduced retired 
pay for judges who retire early. Under the formula, a judge's 
age and years of judicial service would be divided by 80 to 
yield a percentage to be applied to the retirement benefit 
currently authorized for judges of the Court.

                                TITLE V

    Section 501 would continue costs savings provisions by 
extending the loan asset sale authority in chapter 37 of title 
38, United States Code, extending the income verification for 
pension provision in chapter 53 of title 38, U.S.C., and 
extending the formula for liquidation sales in chapter 37 of 
title 38, U.S.C.
    Section 3720(h) of title 38 authorizes VA to guarantee the 
timely payment of principal and interest to purchasers of real 
estate mortgage investment conduits (REMICs). REMICs are used 
to ``bundle'' and market vendee loan notes. Such notes are made 
in connection with the sale of properties by VA to purchasers 
of VA-acquired real estate. Using this authority, VA guarantees 
to REMIC purchasers that principal and interest will be paid in 
a timely manner which in turn enhances the value of the REMICs 
in the secondary market and increases the return to VA when 
such securities are sold. This provision expires on September 
30, 2002.
    Section 3732 of title 38 specifies that VA has two options 
when a property, the financing of which is guaranteed under the 
VA Home Loan Guaranty Program, goes into foreclosure. VA may 
simply pay off the guaranty or elect to purchase the property 
securing the loan in default and resell it. The decision on the 
course of action to take depends, generally, on VA calculations 
as to which action would be less costly and, therefore, more 
advantageous to the government. The Secretary's authority to 
use ``no-bid'' procedures, by which VA determines which option 
is more advantageous, expires on October 1, 2002.
    VA administers a needs-based pension program and provides 
priority access to health care services on a means-tested 
basis. Section 5317 of title 38 and section 6103 of the 
Internal Revenue Code of 1986, authorize VA to verify the 
eligibility of recipients of, or applicants for, VA needs-based 
benefits and VA means-tested medical care by gaining access to 
income records of the Department of Health and Human Services/
Social Security Administration and the Internal Revenue 
Service. These provisions were originally enacted as section 
8051 of Public Law 101-508, the Omnibus Budget Reconciliation 
Act of 1990. This provision expires September 30, 2002.
    Section 502 would add a new subchapter to chapter 77 to 
require VA to carry out a quality assurance program in the 
Veterans Benefits Administration, either through a single 
quality assurance division or through separate quality 
assurance entities for each of VBA's principal organizational 
elements. The Secretary would be required to assure that the 
establishment and operation of the quality assurance entity 
meet generally applicable governmental standards for 
independence and internal controls for the performance of 
quality reviews of Government performance and results. Further, 
the number of full-time VBA employees assigned to quality 
assurance functions must be adequate to perform those 
functions. Finally, the Secretary would be required to submit 
an annual report to Congress on the quality assurance 
activities carried out under the program's provisions and other 
data.
    Section 503 would amend section 544(e) to extend the 
Advisory Committee on Minority Veterans from December 31, 1999 
to December 31, 2004.
    Section 504 would amend section 313 to codify recurring 
provisions in annual Department of Veterans Affairs 
appropriations Acts.

                           Oversight Findings

    No oversight findings have been submitted to the Committee 
by the Committee on Government Reform.

               Congressional Budget Office Cost Estimate

    At the time of filing this report, CBO had not provided the 
Committee with a cost estimate.

                     Inflationary Impact Statement

    The enactment of the reported bill would have no 
inflationary impact.

                Applicability to the Legislative Branch

    The reported bill would not be applicable to the 
legislative branch under the Congressional Accountability Act, 
Public Law 104-1, because the bill would only affect certain 
Department of Veterans Affairs, Department of Labor, and U.S. 
Court of Appeals for Veterans Claims programs and 
beneficiaries.

                     Statement of Federal Mandates

    The reported bill would not establish a federal mandate 
under the Unfunded Mandates Reform Act, Public Law 104-4.

                 Statement of Constitutional Authority

    Pursuant to Article I, section 8 of the United States 
Constitution, the reported bill is authorized by Congress' 
power to ``provide for the common Defence and general Welfare 
of the United States''.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                     TITLE 38 UNITED STATES CODE

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                      PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                          CHAPTER 1--GENERAL

           *       *       *       *       *       *       *


Sec.
101.    Definitions.
     * * * * * * *
116.    Definition of cost of direct and guaranteed loans.
     * * * * * * *

Sec. 103. Special provisions relating to marriages

  (a)  * * *

           *       *       *       *       *       *       *

  (d)(1) The remarriage of the surviving spouse of a veteran 
shall not bar the furnishing of benefits to such person as the 
surviving spouse of the veteran if the remarriage is void, or 
has been annulled by a court with basic authority to render 
annulment decrees unless the Secretary determines that the 
annulment was secured through fraud by either party or 
collusion.
  (2) The remarriage of the surviving spouse of a veteran shall 
not bar the furnishing of benefits specified in paragraph (5) 
to such person as the surviving spouse of the veteran if the 
remarriage has been terminated by death or divorce unless the 
Secretary determines that the divorce was secured through fraud 
or collusion.
  (3) If the surviving spouse of a veteran ceases living with 
another person and holding himself or herself out openly to the 
public as that person's spouse, the bar to granting that person 
benefits as the surviving spouse of the veteran shall not apply 
in the case of the benefits specified in paragraph (5).
  (4) The first month of eligibility for benefits for a 
surviving spouse by reason of this subsection shall be the 
month after--
          (A) the month of the termination of such remarriage, 
        in the case of a surviving spouse described in 
        paragraph (2); or
          (B) the month of the cessation described in paragraph 
        (3), in the case of a surviving spouse described in 
        that paragraph.
  (5) Paragraphs (2) and (3) apply with respect to benefits 
under the following provisions of this title:
          (A) Section 1311, relating to dependency and 
        indemnity compensation.
          (B) Section 1713, relating to medical care for 
        survivors and dependents of certain veterans.
          (C) Chapter 35, relating to educational assistance.
          (D) Chapter 37, relating to housing loans.

           *       *       *       *       *       *       *


Sec. 116. Definition of cost of direct and guaranteed loans

  For the purpose of any provision of law appropriating funds 
to the Department for the cost of direct or guaranteed loans, 
the cost of any such loan, including the cost of modifying any 
such loan, shall be as defined in section 502 of the 
Congressional Budget Act of 1974 (2 U.S.C. 661a).

           *       *       *       *       *       *       *


               CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS

           *       *       *       *       *       *       *


Sec. 313. Availability of appropriations

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Compensation and Pension.--Funds appropriated for 
Compensation and Pensions are available for the following 
purposes:
          (1) The payment of compensation benefits to or on 
        behalf of veterans as authorized by section 107 and 
        chapters 11, 13, 51, 53, 55, and 61 of this title.
          (2) Pension benefits to or on behalf of veterans as 
        authorized by chapters 15, 51, 53, 55, and 61 of this 
        title and section 306 of the Veterans' and Survivors' 
        Pension Improvement Act of 1978.
          (3) The payment of benefits as authorized under 
        chapter 18 of this title.
          (4) Burial benefits, emergency and other officers' 
        retirement pay, adjusted-service credits and 
        certificates, payments of premiums due on commercial 
        life insurance policies guaranteed under the provisions 
        of article IV of the Soldiers' and Sailors' Civil 
        Relief Act of 1940 (50 U.S.C. App. 540 et seq.), and 
        other benefits as authorized by sections 107, 1312, 
        1977, and 2106 and chapters 23, 51, 53, 55, and 61 of 
        this title and the World War Adjusted Compensation Act 
        (43 Stat. 122, 123), the Act of May 24, 1928 (Public 
        Law No. 506 of the 70th Congress; 45 Stat. 735), and 
        Public Law 87-875 (76 Stat. 1198).
  (d) Medical Care.--Funds appropriated for Medical Care are 
available for the following purposes:
          (1) The maintenance and operation of hospitals, 
        nursing homes, and domiciliary facilities.
          (2) Furnishing, as authorized by law, inpatient and 
        outpatient care and treatment to beneficiaries of the 
        Department, including care and treatment in facilities 
        not under the jurisdiction of the Department.
          (3) Furnishing recreational facilities, supplies, and 
        equipment.
          (4) Funeral and burial expenses and other expenses 
        incidental to funeral and burial expenses for 
        beneficiaries receiving care from the Department.
          (5) Administrative expenses in support of planning, 
        design, project management, real property acquisition 
        and disposition, construction, and renovation of any 
        facility under the jurisdiction or for the use of the 
        Department.
          (6) Oversight, engineering, and architectural 
        activities not charged to project cost.
          (7) Repairing, altering, improving, or providing 
        facilities in the medical facilities and homes under 
        the jurisdiction of the Department, not otherwise 
        provided for, either by contact or by the hire of 
        temporary employees and purchase of materials.
          (8) Uniforms or uniform allowances, as authorized by 
        sections 5901 and 5902 of title 5.
          (9) Aid to State homes, as authorized by section 1741 
        of this title.
          (10) Administrative and legal expenses of the 
        Department for collecting and recovering amounts owed 
        the Department as authorized under chapter 17 of this 
        title and Public Law 87-693, popularly known as the 
        Federal Medical Care Recovery Act (42 U.S.C. 2651 et 
        seq.).
  (e) Medical Administration and Miscellaneous Operating 
Expenses.--Funds appropriated for Medical Administration and 
Miscellaneous Operating Expenses are available for the 
following purposes:
          (1) The administration of medical, hospital, nursing 
        home, domiciliary, construction, supply, and research 
        activities authorized by law.
          (2) Administrative expenses in support of planning, 
        design, project management, architectural work, 
        engineering, real property acquisition and disposition, 
        construction, and renovation of any facility under the 
        jurisdiction or for the use of the Department, 
        including site acquisition.
          (3) Engineering and architectural activities not 
        charged to project costs.
          (4) Research and development in building construction 
        technology.
  (f) General Operating Expenses.--Funds appropriated for 
General Operating Expenses are available for the following 
purposes:
          (1) Uniforms or allowances therefor.
          (2) Hire of passenger motor vehicles.
          (3) Reimbursement of the General Services 
        Administration for security guard services.
          (4) Reimbursement of the Department of Defense for 
        the cost of overseas employee mail.
          (5) Administration of the Service Members 
        Occupational Conversion and Training Act of 1992 (10 
        U.S.C. 1143 note).
  (g) Construction.--Funds appropriated for Construction, Major 
Projects, and for Construction, Minor Projects, are available, 
with respect to a project, for the following purposes:
          (1) Planning.
          (2) Architectural and engineering services.
          (3) Maintenance or guarantee period services costs 
        associated with equipment guarantees provided under the 
        project.
          (4) Services of claims analysts.
          (5) Offsite utility and storm drainage system 
        construction costs.
          (6) Site acquisition.
  (h) Construction, Minor Projects.--In addition to the 
purposes specified in subsection (g), funds appropriated for 
Construction, Minor Projects, are available for--
          (1) repairs to any of the nonmedical facilities under 
        the jurisdiction or for the use of the Department which 
        are necessary because of loss or damage caused by a 
        natural disaster or catastrophe; and
          (2) temporary measures necessary to prevent or to 
        minimize further loss by such causes.

           *       *       *       *       *       *       *


            CHAPTER 5--AUTHORITY AND DUTIES OF THE SECRETARY

           *       *       *       *       *       *       *


Sec. 544. Advisory Committee on Minority Veterans

  (a)  * * *

           *       *       *       *       *       *       *

  (e) The Committee shall cease to exist December 31, [1999] 
2004.

           *       *       *       *       *       *       *


                       PART II--GENERAL BENEFITS

           *       *       *       *       *       *       *


CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH

           *       *       *       *       *       *       *


Sec. 1112. Presumptions relating to certain diseases and disabilities

  (a)  * * *

           *       *       *       *       *       *       *

  (c)(1) For the purposes of section 1110 of this title, and 
subject to the provisions of section 1113 of this title, a 
disease specified in paragraph (2) of this subsection becoming 
manifest in a radiation-exposed veteran shall be considered to 
have been incurred in or aggravated during active military, 
naval, or air service, notwithstanding that there is no record 
of evidence of such disease during a period of such service.
  (2) The diseases referred to in paragraph (1) of this 
subsection are the following:
          (A)  * * *

           *       *       *       *       *       *       *

          (P) Bronchiolo-alveolar carcinoma.

           *       *       *       *       *       *       *


CHAPTER 13--DEPENDENCY AND INDEMNITY COMPENSATION FOR SERVICE-CONNECTED 
                                DEATHS

           *       *       *       *       *       *       *


Sec. 1311. Dependency and indemnity compensation to a surviving spouse

  (a)  * * *

           *       *       *       *       *       *       *

  [(e)(1) The remarriage of the surviving spouse of a veteran 
shall not bar the furnishing of dependency and indemnity 
compensation to such person as the surviving spouse of the 
veteran if the remarriage is terminated by death, divorce, or 
annulment unless the Secretary determines that the divorce or 
annulment was secured through fraud or collusion.
  [(2) If the surviving spouse of a veteran ceases living with 
another person and holding himself or herself out openly to the 
public as that person's spouse, the bar to granting that person 
dependency and indemnity compensation as the surviving spouse 
of the veteran shall not apply.
  [(3) The first month of eligibility for payment of dependency 
and indemnity compensation to a surviving spouse by reason of 
this subsection shall be the later of the month after--
          [(A) the month of the termination of such remarriage, 
        in the case of a surviving spouse described in 
        paragraph (1); or
          [(B) the month of the cessation described in 
        paragraph (2), in the case of a surviving spouse 
        described in that paragraph.]

           *       *       *       *       *       *       *


Sec. 1318. Benefits for survivors of certain veterans rated totally 
                    disabled at time of death

  (a)  * * *
  (b) A deceased veteran referred to in subsection (a) of this 
section is a veteran who dies, not as the result of the 
veteran's own willful misconduct, and who was in receipt of or 
entitled to receive (or but for the receipt of retired or 
retirement pay was entitled to receive) compensation at the 
time of death for a service-connected disability [that either--
] rated totally disabling if--
          (1) the disability was continuously rated totally 
        disabling for a period of 10 or more years immediately 
        preceding death; [or]
          (2) [if so rated for a lesser period, was so rated 
        continuously] the disability was continuously rated 
        totally disabling for a period of not less than five 
        years from the date of such veteran's discharge or 
        other release from active duty[.]; or
          (3) the veteran was a former prisoner of war who died 
        after September 30, 1999, and who had been diagnosed as 
        having one of the diseases specified in section 1112(b) 
        of this title.

           *       *       *       *       *       *       *


              PART III--READJUSTMENT AND RELATED BENEFITS

           *       *       *       *       *       *       *


             CHAPTER 37--HOUSING AND SMALL BUSINESS LOANS

           *       *       *       *       *       *       *


Sec. 3702. Basic entitlement

  (a)(1) The veterans described in paragraph (2) of this 
subsection are eligible for the housing loan benefits of this 
chapter. In the case of any veteran who served on active duty 
during two or more of the periods specified in paragraph (2) 
for which eligibility for the housing loan benefits under this 
chapter may be granted, entitlement derived from service during 
the most recent such period (A) shall cancel any unused 
entitlement derived from service during any earlier such 
period, and (B) shall be reduced by the amount by which 
entitlement from service during any earlier such period has 
been used to obtain a direct, guaranteed, or insured housing 
loan--
          (i)  * * *

           *       *       *       *       *       *       *

  (2) The veterans referred to in the first sentence of 
paragraph (1) of this subsection are the following:
          (A) Each veteran who served on active duty at any 
        time during World War II, the Korean conflict, or the 
        Vietnam era and whose total service was for 90 days or 
        more.
          (B)  * * *

           *       *       *       *       *       *       *

          (E) [For the period beginning on October 28, 1992, 
        and ending on September 30, 2003, each] Each veteran 
        described in section 3701(b)(5) of this title.

           *       *       *       *       *       *       *


Sec. 3720. Powers of Secretary

  (a)  * * *

           *       *       *       *       *       *       *

  (h)[(1)] The Secretary may, upon such terms and conditions as 
the Secretary considers appropriate, issue or approve the 
issuance of, and guarantee the timely payment of principal and 
interest on, certificates or other securities evidencing an 
interest in a pool of mortgage loans made in connection with 
the sale of properties acquired under this chapter.
  [(2) The Secretary may not under this subsection guarantee 
the payment of principal and interest on certificates or other 
securities issued or approved after December 31, 2002.]

           *       *       *       *       *       *       *


Sec. 3732. Procedure on default

  (a)  * * *

           *       *       *       *       *       *       *

  (c)(1) For purposes of this subsection--
          (A)  * * *

           *       *       *       *       *       *       *

  [(11) This subsection shall apply to loans closed before 
October 1, 2002.]

           *       *       *       *       *       *       *


Sec. 3775. Audit

  (a) During each of the first 3 years of operation of a 
multifamily transitional housing project with respect to which 
a loan is guaranteed under this subchapter, there shall be an 
annual, independent audit of such operation. Such audit shall 
include a detailed statement of the operations, activities, and 
accomplishments of such project during the year covered by such 
audit. The party responsible for obtaining such audit (and 
paying the costs therefor) shall be determined before the 
Secretary issues a guarantee under this subchapter.
  (b) After the first 3 years of operation of such a 
multifamily transitional housing project, the Secretary may 
provide for periodic audits of the project.

           *       *       *       *       *       *       *


    CHAPTER 41--JOB COUNSELING, TRAINING, AND PLACEMENT SERVICE FOR 
                                VETERANS

Sec.
4100.    Findings.
     * * * * * * *
4111.    Homeless veterans' reintegration programs.
     * * * * * * *

Sec. 4111. Homeless veterans' reintegration programs

  (a) In General.--The Secretary, acting through the Assistant 
Secretary of Labor for Veterans' Employment and Training, shall 
conduct, directly or through grant or contract, such programs 
as the Secretary determines appropriate to expedite the 
reintegration of homeless veterans into the labor force.
  (b) Authority to monitor expenditure of funds.--The Secretary 
may collect such information as the Secretary considers 
appropriate to monitor and evaluate the distribution and 
expenditure of funds appropriated to carry out this section, 
and such information shall be furnished to the Secretary in 
such form as the Secretary determines appropriate.
  (c) Definition.--As used in this section, the term ``homeless 
veteran'' has the meaning given that term by section 3771(2) of 
this title.
  (d) Authorization of Appropriations.--(1) There are 
authorized to be appropriated to carry out this section amounts 
as follows:
          (A) $10,000,000 for fiscal year 2000.
          (B) $15,000,000 for fiscal year 2001.
          (C) $20,000,000 for fiscal year 2002.
          (D) $25,000,000 for fiscal year 2003.
          (E) $30,000,000 for fiscal year 2004.
  (2) Funds obligated for any fiscal year to carry out this 
section may be expended in that fiscal year and the succeeding 
fiscal year.

           *       *       *       *       *       *       *


               PART IV--GENERAL ADMINISTRATIVE PROVISIONS

           *       *       *       *       *       *       *


          CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS

           *       *       *       *       *       *       *


Sec. 5317. Use of income information from other agencies: notice and 
                    verification

  (a)  * * *

           *       *       *       *       *       *       *

  [(g) The authority of the Secretary to obtain information 
from the Secretary of the Treasury or the Secretary of Health 
and Human Services under section 6103(l)(7)(D)(viii) of the 
Internal Revenue Code of 1986 expires on September 30, 2002.]

           *       *       *       *       *       *       *


             PART V--BOARDS, ADMINISTRATIONS, AND SERVICES

           *       *       *       *       *       *       *


     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

           *       *       *       *       *       *       *


               subchapter i--organization and jurisdiction

Sec.
7251.    Status.
     * * * * * * *
7257.    Recall of retired judges.
     * * * * * * *

            subchapter v--retirement and survivors annuities

     * * * * * * *
7299.    Limitation on activities of retired judges.
     * * * * * * *

              SUBCHAPTER I--ORGANIZATION AND JURISDICTION

           *       *       *       *       *       *       *


Sec. 7254. Organization

  (a)  * * *

           *       *       *       *       *       *       *

  (f) The Court may prescribe rules and regulations to carry 
out this chapter.

           *       *       *       *       *       *       *


Sec. 7257. Recall of retired judges

  (a)(1) A retired judge of the Court may be recalled for 
further service on the Court in accordance with this section. 
To be eligible to be recalled for such service, a retired judge 
must at the time of the judge's retirement provide to the chief 
judge of the Court (or, in the case of the chief judge, to the 
clerk of the Court) notice in writing that the retired judge is 
available for further service on the Court in accordance with 
this section and is willing to be recalled under this section. 
Such a notice provided by a retired judge is irrevocable.
  (2) For the purposes of this section--
          (A) a retired judge is a judge of the Court of 
        Veterans Appeals who retires from the Court under 
        section 7296 of this title or under chapter 83 or 84 of 
        title 5; and
          (B) a recall-eligible retired judge is a retired 
        judge who has provided a notice under paragraph (1).
  (b)(1) The chief judge may recall for further service on the 
court a recall-eligible retired judge in accordance with this 
section. Such a recall shall be made upon written certification 
by the chief judge that substantial service is expected to be 
performed by the retired judge for such period, not to exceed 
90 days (or the equivalent), as determined by the chief judge 
to be necessary to meet the needs of the Court.
  (2) A recall-eligible retired judge may not be recalled for 
more than 90 days (or the equivalent) during any calendar year 
without the judge's consent or for more than a total of 180 
days (or the equivalent) during any calendar year.
  (3) If a recall-eligible retired judge is recalled by the 
chief judge in accordance with this section and (other than in 
the case of a judge who has previously during that calendar 
year served at least 90 days (or the equivalent) of recalled 
service on the court) declines (other than by reason of 
disability) to perform the service to which recalled, the chief 
judge shall remove that retired judge from the status of a 
recall-eligible judge.
  (4) A recall-eligible retired judge who becomes permanently 
disabled and as a result of that disability is unable to 
perform further service on the court shall be removed from the 
status of a recall-eligible judge. Determination of such a 
disability shall be made in the same manner as is applicable to 
judges of the United States under section 371 of title 28.
  (c) A retired judge who is recalled under this section may 
exercise all of the powers and duties of the office of a judge 
in active service.
  (d)(1) The pay of a recall-eligible retired judge who retired 
under section 7296 of this title is specified in subsection (c) 
of that section.
  (2) A judge who is recalled under this section who retired 
under chapter 83 or 84 of title 5 shall be paid, during the 
period for which the judge serves in recall status, pay at the 
rate of pay in effect under section 7253(e) of this title for a 
judge performing active service, less the amount of the judge's 
annuity under the applicable provisions of chapter 83 or 84 of 
title 5.
  (e)(1) Except as provided in subsection (d), a judge who is 
recalled under this section who retired under chapter 83 or 84 
of title 5 shall be considered to be a reemployed annuitant 
under that chapter.
  (2) Nothing in this section affects the right of a judge who 
retired under chapter 83 or 84 of title 5 to serve as a 
reemployed annuitant in accordance with the provisions of title 
5.

           *       *       *       *       *       *       *


            SUBCHAPTER V--RETIREMENT AND SURVIVORS ANNUITIES

Sec. 7296. Retirement of judges

  (a)  * * *

           *       *       *       *       *       *       *

  (b) * * *

           *       *       *       *       *       *       *

  (4) For purposes of calculating the years of service of an 
individual under this subsection and subsection (c), only those 
years of service as a judge of the Court shall be credited. In 
determining the number of years of such service, that portion 
of the aggregate number of years of such service that is a 
fractional part of one year shall be disregarded if less than 
183 days and shall be credited as a full year if 183 days or 
more.
  (c)(1) An individual who retires under subsection (b) of this 
section and elects under subsection (d) of this section to 
receive retired pay under this subsection shall (except as 
provided in paragraph (2) of this subsection) receive retired 
pay [at the rate of pay in effect at the time of retirement.] 
as follows:
          (A) In the case of a judge who is a recall-eligible 
        retired judge under section 7257 of this title or who 
        was a recall-eligible retired judge under that section 
        and was removed from recall status under subsection 
        (b)(4) of that section by reason of disability, the 
        retired pay of the judge shall be the pay of a judge of 
        the court (or of the chief judge, if the individual 
        retired from service as chief judge).
          (B) In the case of a judge who at the time of 
        retirement did not provide notice under section 7257 of 
        this title of availability for service in a recalled 
        status, the retired pay of the judge shall be the rate 
        of pay applicable to that judge at the time of 
        retirement.
          (C) In the case of a judge who was a recall-eligible 
        retired judge under section 7257 of this title and was 
        removed from recall status under subsection (b)(3) of 
        that section, the retired pay of the judge shall be the 
        pay of the judge at the time of the removal from recall 
        status.

           *       *       *       *       *       *       *

  (f)(1)  * * *

           *       *       *       *       *       *       *

  (3)(A) A cost-of-living adjustment provided by law in 
annuities payable under civil service retirement laws shall 
apply to retired pay under this section only in the case of 
retired pay computed under paragraph (2) of subsection (c).
  (B)(i) If such a cost-of-living adjustment would (but for 
this subparagraph) result in the retired pay of a retired chief 
judge being in excess of the annual rate of pay in effect for 
the chief judge of the court as provided in section 7253(e)(1) 
of this title, such adjustment may be made in the retired pay 
of that retired chief judge only in such amount as results in 
the retired pay of the retired chief judge being equal to that 
annual rate of pay (as in effect on the effective date of such 
adjustment).
  (ii) If such a cost-of-living adjustment would (but for this 
subparagraph) result in the retired pay of a retired judge 
(other than a retired chief judge) being in excess of the 
annual rate of pay in effect for judges of the court as 
provided in section 7253(e)(2) of this title, such adjustment 
may be made only in such amount as results in the retired pay 
of the retired judge being equal to that annual rate of pay (as 
in effect on the effective date of such adjustment).
  (4) Notwithstanding subsection (c) of section 5532 of title 
5, if a regular or reserve member of a uniformed service who is 
receiving retired or retainer pay becomes a judge of the court, 
or becomes eligible therefor while a judge of the court, such 
retired or retainer pay shall not be paid during the judge's 
regular active service on the court, but shall be resumed or 
commenced without reduction upon retirement as a judge.

           *       *       *       *       *       *       *


Sec. 7297. Survivor annuities

  (a) For purposes of this section:
          (1) The term ``Court'' means the United States Court 
        of Appeals for Veterans Claims.
          (2) The term ``judge'' means the chief judge or an 
        associate judge of the Court who is in active service 
        or who has retired under section 7296 of this title.
          (3) The term ``pay'' means salary received under 
        section 7253(e) of this title and retired pay received 
        under section [7296(c)] 7296 of this title.

           *       *       *       *       *       *       *

          (5) The term ``surviving spouse'' means a surviving 
        spouse of an individual who (A) was married to such 
        individual for at least [two years] one year 
        immediately preceding the individual's death, or (B) is 
        a parent of issue by the marriage.

           *       *       *       *       *       *       *

          (8) The term ``assassination'' as applied to a judge 
        shall have the meaning provided that term in section 
        376(a)(7) of title 28 as applied to a judicial 
        official.
  (b) A judge may become a participant in the annuity program 
under this section by filing a written election under this 
subsection while in office or within six months after the date 
on which the judge marries if the judge has retired under 
section 7296 of this title. Any such election shall be made in 
such manner as may be prescribed by the Court.
  (c) There shall be deducted and withheld each pay period from 
the pay of a judge who has made an election under subsection 
(b) of this section a sum equal to [3.5 percent of the judge's 
pay] that percentage of the judge's pay that is the same as 
provided for the deduction from the salary or retirement salary 
of a judge of the United States Court of Federal Claims for the 
purpose of a survivor annuity under section 376(b)(1)(B) of 
title 28. Amounts so deducted and withheld shall be deposited 
in the retirement fund. A judge who makes an election under 
subsection (b) of this section shall be considered by that 
election to agree to the deductions from the judge's pay 
required by this subsection.
  (d)(1) A judge who makes an election under subsection (b) of 
this section shall deposit, with interest at 3 percent per year 
compounded on December 31 of each year, to the credit of the 
retirement fund, an amount equal to 3.5 percent of the judge's 
pay and of the judge's basic salary, pay, or compensation for 
service as a Member of Congress, and for any other civilian 
service within the purview of section 8332 of title 5. Each 
such judge may elect to make such deposits in installments 
during the judge's period of service in such amount and under 
such conditions as may be determined in each instance by the 
chief judge. Notwithstanding the failure of a judge to make 
such deposit, credit shall be allowed for the service rendered, 
but the annual annuity of the surviving spouse of such judge 
shall be reduced by an amount equal to 10 percent of the amount 
of such deposit, computed as of the date of the death of such 
judge, unless the surviving spouse elects to eliminate such 
service entirely from credit under subsection (k) of this 
section. However, a deposit shall not be required from a judge 
for any year with respect to which deductions from the judge's 
pay, or a deposit, were actually made (and not withdrawn) under 
the civil service retirement laws.
  (2) The interest required under the first sentence of 
paragraph (1) shall not be required for any period--
          (A) during which a judge was separated from any 
        service described in section 376(d)(2) of title 28; and
          (B) during which the judge was not receiving retired 
        pay based on service as a judge or receiving any 
        retirement salary as described in section 376(d)(1) of 
        title 28.

           *       *       *       *       *       *       *

  (f)(1) If a judge who makes an election under subsection (b) 
of this section dies after having rendered at least [5 years] 
18 months of civilian service (computed as prescribed in 
subsection (l) of this section), for the last [5 years] 18 
months of which the salary deductions provided for by 
subsection (c) of this section or the deposits required by 
subsection (d) of this section have actually been made (and not 
withdrawn) or the salary deductions required by the civil 
service retirement laws have actually been made (and not 
withdrawn)--
          (A) if the judge is survived by a surviving spouse 
        but not by a dependent child, there shall be paid to 
        the surviving spouse an annuity beginning with the day 
        of the death of the judge [or following the surviving 
        spouse's attainment of the age of 50 years, whichever 
        is the later], in an amount computed as provided in 
        subsection (k) of this section; or

           *       *       *       *       *       *       *

  (5) If a judge dies as a result of an assassination and 
leaves a survivor or survivors who are otherwise entitled to 
receive annuity payments under this section, the 18-month 
requirement in the matter in paragraph (1) preceding 
subparagraph (A) shall not apply.

           *       *       *       *       *       *       *


Sec. 7298. Retirement Fund

  (a)  * * *

           *       *       *       *       *       *       *

  (e)(1)  * * *
  (2)(A) Subject to the availability of appropriations, there 
shall be deposited in the Treasury to the credit of the 
retirement fund, not later than the close of each fiscal year, 
such amounts as may be required to reduced to zero the unfunded 
liability (if any) of the fund. Such deposits shall be taken 
from sums available for that fiscal year for the payment of the 
expenses of the Court.

           *       *       *       *       *       *       *

  (C) For purposes of subparagraph (B), 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.
  [(C)] (D) Amounts deposited in the retirement fund under this 
paragraph shall not be credited to the account of any 
individual.

           *       *       *       *       *       *       *


Sec. 7299. Limitation on activities of retired judges

  (a) A retired judge of the Court who is recall-eligible under 
section 7257 of this title and who in the practice of law 
represents (or supervises or directs the representation of) a 
client in making any claim relating to veterans' benefits 
against the United States or any agency thereof shall, pursuant 
to such section, be considered to have declined recall service 
and be removed from the status of a recall-eligible judge. The 
pay of such a judge, pursuant to section 7296 of this title, 
shall be the pay of the judge at the time of the removal from 
recall status.
  (b) A recall-eligible judge shall be considered to be an 
officer or employee of the United States, but only during 
periods when the judge is serving in recall status. Any 
prohibition, limitation, or restriction that would otherwise 
apply to the activities of a recall-eligible judge shall apply 
only during periods when the judge is serving in recall status.

           *       *       *       *       *       *       *


              CHAPTER 77--VETERANS BENEFITS ADMINISTRATION

                  subchapter i--organization; general

Sec.
7701. Organization of the Administration.
     * * * * * * *

                    SUBCHAPTER III--QUALITY ASSURANCE

7731. Establishment.
7732. Functions.
7733. Personnel.
7734. Annual report to Congress.

           *       *       *       *       *       *       *


                   SUBCHAPTER III--QUALITY ASSURANCE

Sec. 7731. Establishment

  (a) The Secretary shall carry out a quality assurance program 
in the Veterans Benefits Administration. The program may be 
carried out through a single quality assurance division in the 
Administration or through separate quality assurance entities 
for each of the principal organizational elements (known as 
``services'') of the Administration.
  (b) The Secretary shall ensure that any quality assurance 
entity established and operated under subsection (a) is 
established and operated so as to meet generally applicable 
governmental standards for independence and internal controls 
for the performance of quality reviews of Government 
performance and results.

Sec. 7732. Functions

  The Under Secretary for Benefits, acting through the quality 
assurance entities established under section 7731(a), shall on 
an ongoing basis perform and oversee quality reviews of the 
functions of each of the principal organizational elements of 
the Veterans Benefits Administration.

Sec. 7733. Personnel

  The Secretary shall ensure that the number of full-time 
employees of the Veterans Benefits Administration assigned to 
quality assurance functions under this subchapter is adequate 
to perform the quality assurance functions for which they have 
responsibility.

Sec. 7734. Annual report to Congress

  The Secretary shall include in the annual report to the 
Congress required by section 529 of this title a report on the 
quality assurance activities carried out under this subchapter. 
Each such report shall include--
          (1) an appraisal of the quality of services provided 
        by the Veterans Benefits Administration, including--
                  (A) the number of decisions reviewed;
                  (B) a summary of the findings on the 
                decisions reviewed;
                  (C) the number of full-time equivalent 
                employees assigned to quality assurance in each 
                division or entity;
                  (D) specific documentation of compliance with 
                the standards for independence and internal 
                control required by section 7731(b) of this 
                title; and
                  (E) actions taken to improve the quality of 
                services provided and the results obtained;
          (2) information with respect to the accuracy of 
        decisions, including trends in that information; and
          (3) such other information as the Secretary considers 
        appropriate.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 36 UNITED STATES CODE

           *       *       *       *       *       *       *


    SUBTITLE I--PATRIOTIC AND NATIONAL OBSERVANCES AND CEREMONIES

           *       *       *       *       *       *       *


     PART B--UNITED STATES GOVERNMENT ORGANIZATIONS INVOLVED WITH 
                      OBSERVANCES AND CEREMONIES

           *       *       *       *       *       *       *


            CHAPTER 21--AMERICAN BATTLE MONUMENTS COMMISSION

Sec.
2101.  Membership.
     * * * * * * *
2113.  World War II memorial in the District of Columbia.
2114.  Intellectual property and related items.

Sec. 2101. Membership

  (a)  * * *
  (b) Pay and Expenses.--The members of the Commission serve 
without compensation. However, the members of the Commission 
may receive, from an amount appropriated to carry out this 
chapter or acquired by another authorized way--
          (1)  * * *
          (2) when in a travel status outside the continental 
        United States, a per diem at the rate authorized to be 
        paid for members of the uniformed services under 
        section 405 of title 37[, United States Code,] instead 
        of subsistence; and
          (3) when in a travel status in the continental United 
        States, a per diem at the rate authorized to be paid 
        under sections 5702 and 5703 of title 5[, United States 
        Code,] instead of subsistence.

           *       *       *       *       *       *       *


Sec. 2102. Employment of personnel

  (a) General.--Within the limits of an appropriation made to 
employ personnel, the American Battle Monuments Commission may 
employ personnel necessary to carry out this chapter. To ensure 
adequate care and maintenance of cemeteries, monuments, and 
memorials, the Commission, subject to the availability of 
appropriations, shall employ--
          (1) at least 50 individuals in the competitive 
        service (as defined in section 2102 of title 5[, United 
        States Code]), of whom at least 43 shall be assigned to 
        duty in foreign countries where the cemeteries, 
        monuments, and memorials are located; and

           *       *       *       *       *       *       *


Sec. 2103. Administrative

  (a)  * * *

           *       *       *       *       *       *       *

  (d) Delegation.--Under conditions the Commission may 
prescribe, the Commission may delegate to its [chairman] 
Chairman, secretary, or officials in charge of any of its 
offices any of its authority it considers necessary and proper.
  [(e) Authority To Receive State, Local, or Private Amounts.--
The Commission may receive State, local, or private amounts to 
carry out this chapter. The Commission shall deposit the 
amounts with the Treasurer of the United States. The Treasurer 
shall keep the amounts in separate accounts and shall disburse 
the amounts on vouchers approved by the chairman.]
  (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 
that account shall be disbursed upon vouchers approved by the 
Chairman.
  (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 member or 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.

           *       *       *       *       *       *       *

  (h) Financial Statements and Audits.--(1) The Commission 
shall have a system of financial controls to enable the 
Commission to comply with the requirements of paragraph (2) of 
this subsection and with section 2106(d)(4) of this title.
  (2) The Commission shall--
          (A) by March 1 of each year (beginning with 1998)--
                  (i) prepare a financial statement which 
                covers all accounts and associated activities 
                of the Commission for the prior fiscal year and 
                is consistent with the requirements of section 
                3515 of title 31[, United States Code]; and

           *       *       *       *       *       *       *

  (i) Disposition of Records and Archives.--When no longer 
required by the Commission, the records and archives of the 
Commission shall be deposited with the National Archives in 
accordance with section 2107 of title 44[, United States Code].

           *       *       *       *       *       *       *


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

  (a) Solicitation and Acceptance of Contributions.--Consistent 
with its authority under section 2103(e) of this title, the 
American Battle Monuments Commission shall solicit and accept 
contributions for the memorial authorized by Public Law 103-32 
(40 U.S.C. 1003 note) to be established by the 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 (hereinafter in this section referred to as the `World 
War II memorial').
  (b) Creation of Memorial Fund.--(1) There is hereby created 
in the Treasury a fund for the World War II memorial. The fund 
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 (31 U.S.C. 
        5112 note).
          (D) Amounts borrowed using the authority provided 
        under subsection (d).
          (E) Any funds received by the Commission under 
        section 2114 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 fund 
the amounts accepted as contributions under subsection (a). The 
Secretary of the Treasury shall credit to the fund the interest 
on, and the proceeds from sale or redemption of, obligations 
held in the fund.
  (3) The Secretary shall invest any portion of the fund that, 
as determined by the Chairman, 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 the 
Chairman determines has a maturity suitable for the fund.
  (c) Use of Fund.--The fund shall be available to the 
Commission--
          (1) for 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) for 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 2114 of this title to aid or facilitate the 
        construction of the World War II memorial.
  (d) Special Borrowing Authority.--(1) To assure that 
groundbreaking, construction, and dedication of the World War 
II memorial are carried out 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, 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, 
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. 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 fund. The Commission may not use for such 
purpose any funds appropriated for any other activities of the 
Commission.
  (e) 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 (d) as funds 
available to complete construction of the memorial, whether or 
not the Commission has actually exercised the authority to 
borrow such funds.
  (f) 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 
United States shall not be considered to be a Federal employee 
for any other purpose by reason of the provision of such 
voluntary service, except that any volunteers given 
responsibility for the handling of funds or the carrying out of 
a Federal function are subject to the conflict of interest laws 
contained in chapter 11 of title 18 and the administrative 
standards of conduct contained in part 2635 of title 5 of the 
Code of Federal Regulations.
  (3) The Commission may provide for reimbursement of 
incidental expenses that are incurred by a person providing 
voluntary services under this subsection. The Commission shall 
determine those expenses that are eligible for reimbursement 
under this paragraph.
  (4) Nothing in this subsection shall be construed to require 
any Federal employee to work without compensation or to allow 
the use of volunteer services to displace or replace any 
Federal employee.
  (g) Treatment of Certain Contracts.--A contract entered into 
by the Commission for the design or construction of the World 
War II memorial is not a funding agreement as that term is 
defined in section 201 of title 35.
  (h) Extension of Authority to Establish Memorial.--
Notwithstanding section 10 of the Commemorative Works Act (40 
U.S.C. 1010), the authority for the construction of the World 
War II memorial provided by Public Law 103-32 (40 U.S.C. 1003 
note) expires on December 31, 2005.

Sec. 2114. Intellectual property and related items

  (a) Authority to Use and Register Intellectual Property.--The 
American Battle Monuments Commission may--
          (1) adopt, use, register, and license trademarks, 
        service marks, and other marks;
          (2) obtain, use, register, and license the use of 
        copyrights consistent with section 105 of title 17;
          (3) obtain, use, and license patents; and
          (4) accept gifts of marks, copyrights, patents and 
        licenses for use by the Commission.
  (b) Authority to Grant Licenses.--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 the extent the grant of such 
license by the Commission would be contrary to any contract or 
license by which the use of the mark, copyright, or patent was 
obtained.
  (c) Enforcement Authority.--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.
  (d) Legal Representation.--The Attorney General shall furnish 
the Commission with legal representation as the Commission may 
require under subsection (c). The Secretary of Defense shall 
provide representation for the Commission in administrative 
proceedings before the Patent and Trademark Office and 
Copyright Office.
  (e) Irrevocability of Transfers of Copyrights to 
Commission.--Section 203 of title 17 shall not apply to any 
copyright transferred in any manner to the Commission.

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF MAY 25, 1993

                  WORLD WAR II MEMORIAL AUTHORIZATION

 AN ACT To authorize the construction of a memorial 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 United States 
participation in that conflict.

           *       *       *       *       *       *       *


[SEC. 3. PRIVATE CONTRIBUTIONS.

  [The American Battle Monuments Commission shall solicit and 
accept private contributions for the memorial.

[SEC. 4. FUND IN THE TREASURY FOR THE MEMORIAL.

  [(a) In General.--There is hereby created in the Treasury a 
fund which shall be available to the American Battle Monuments 
Commission for the expenses of establishing the memorial. The 
fund shall consist of--
          [(1) amounts deposited, and interest and proceeds 
        credited, under subsection (b);
          [(2) obligations obtained under subsection (c); and
          [(3) the amount of surcharges paid to the Commission 
        for the memorial under the World War II 50th 
        Anniversary Commemorative Coins Act.
  [(b) Deposits and Credits.--The Chairman of the Commission 
shall deposit in the fund the amounts accepted as contributions 
under section 3. The Secretary of the Treasury shall credit to 
the fund the interest on, and the proceeds from sale or 
redemption of, obligations held in the fund.
  [(c) Obligations.--The Secretary of the Treasury shall invest 
any portion of the 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 
fund.
  [(d) Abolition.--Upon the final settlement of the accounts of 
the fund, the Secretary of the Treasury shall submit to the 
Congress a draft of legislation (including technical and 
conforming provisions) recommended by the Secretary for the 
abolition of the fund.

[SEC. 5. DEPOSIT OF EXCESS FUNDS.

  [If, upon payment of all expenses of the establishment of the 
memorial (including the maintenance and preservation amount 
provided for in section 8(b) of the Act referred to in section 
1(b)), or upon expiration of the authority for the memorial 
under section 10(b) of that Act, there remains a balance in the 
fund created
by section 4, the Chairman of the American Battle Monuments 
Commission shall transmit the amount of the balance to the 
Secretary of the Treasury for deposit in the account provided 
for in section 8(b)(1) of that Act.]

                                  
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