TABLE OF CONTENTS
Title I: Medical Care
Subtitle A: Long-Term Care
Subtitle B: Management of Medical Facilities and
Property
Subtitle C: Homeless Veterans
Subtitle D: Other Health Care Provisions
Subtitle E: Major Medical Facility Projects
Construction Authorization
Title II: Benefits Matters
Title III: Memorial Affairs
Subtitle A: Arlington National Cemetery
Subtitle B: World War II Memorial
Title IV: United States Court of Appeals for Veterans Claims
Veterans Benefits Act of 1999 - Title I: Medical Care - Subtitle A: Long-Term Care - Includes the following types of noninstitutional extended care services within the definition of "medical services" authorized to be provided to eligible veterans: (1) home-based primary care; (2) adult day health care; (3) respite care; (4) palliative and end-of-life care; and (5) home health aide visits.
(Sec. 102) Directs the Secretary of Veterans Affairs to carry out three pilot programs for determining the feasibility and practicability of a variety of methods of meeting the long-term care needs of eligible veterans. Requires each such program to be carried out in two designated Department health care regions selected by the Secretary. Requires the services provided under each pilot program to include a comprehensive array of services which meet such long-term needs, including: (1) inpatient long-term care in intermediate beds, nursing homes, and domiciliary care facilities; and (2) non- institutional long-term care. Requires the Secretary to: (1) provide appropriate case management services; and (2) emphasize the provision of preventive care services.
Requires the Secretary, under one pilot program, to provide long- term care services to eligible veterans: (1) directly through Department facilities and personnel; (2) through a combination of Department facilities and services provided under cooperative arrangements with public and private nongovernmental entities; and (3) through arrangements with non-Department entities under which the Secretary acts solely as the case manager for such services. Directs the Secretary to: (1) collect data concerning program cost, quality, and effectiveness; and (2) report to Congress on services furnished to meet the long-term care needs of eligible veterans.
(Sec. 103) Directs the Secretary to carry out a pilot program to determine the feasibility and practicability of providing assisted living services to eligible veterans. Requires such program to be carried out at a designated Department health care region selected by the Secretary. Prohibits such services from being provided unless the eligible veteran agrees to pay the United States a certain statutory amount for such services. Allows such services to be provided to the spouse of such veteran as long as such services are provided coincidentally with the services provided the veteran and the spouse pays a like amount for such services. Requires annual program reports from the Secretary to the congressional veterans' committees.
Subtitle B: Management of Medical Facilities and Property - Increases to 55 years the maximum authorized term for leases of Department real property entered into by the Secretary (enhanced-use leases). Allows funds for Department construction, minor projects, to be used by the Secretary to contribute to capital activities on such leased property. Extends through December 31, 2011, the authority to enter into such leases. Directs the Secretary to: (1) provide appropriate training and outreach to personnel of Department medical facilities regarding enhanced-use lease authority; and (2) secure an independent analysis of Department opportunities for using such lease authority.
(Sec. 112) Designates the hospital bed replacement building under construction at the Ioannis A. Lougaris Department of Veterans Affairs Medical Center in Reno, Nevada, as the Jack Streeter Building.
Subtitle C: Homeless Veterans - Amends the Homeless Veterans Comprehensive Service Programs Act of 1992 to: (1) authorize the Secretary to make grants to expand existing programs for furnishing certain assistance to homeless veterans; (2) extend through FY 2001 the authority to make such grants; and (3) authorize appropriations for such programs for FY 2000 and 2001.
(Sec. 123) Amends the Stewart B. McKinney Homeless Assistance Act to authorize appropriations for FY 2000 and 2001 for homeless veterans' reintegration projects.
(Sec. 124) Directs the Secretary to report to the veterans' committees a detailed plan for evaluating the effectiveness of programs to assist homeless veterans.
Subtitle D: Other Health Care Provisions - Authorizes the provision of emergency health care in non-Department facilities for veterans enrolled in the Department's annual patient enrollment system. Authorizes such care for the treatment of an emergency medical condition, defined as a condition which does or could result in: (1) placing the health of the individual in serious jeopardy; or (2) serious impairment to bodily functions or serious dysfunction of a body organ or part. Authorizes: (1) the use of contract care to treat such conditions; and (2) reimbursement of veterans for expenses incurred in receiving such care in a non-Department facility. Directs the Secretary, as a condition to payment for such treatment under a contract, to require that payment shall be made by the Secretary for such care only after any payment that may be made with respect to such treatment: (1) under part A or B of Medicare (title XVIII of the Social Security Act); or (2) by a third-party insurer.
(Sec. 132) Directs the Secretary to carry out programs to enhance the provision of specialized mental health services to veterans, including programs relating to the treatment of post-traumatic stress disorder and substance use disorders. Requires reports from the Secretary to Congress in each of the years 2000 through 2002.
(Sec. 133) Removes certain restrictions on the authorized use of Department facilities to treat military personnel for an alcohol or drug dependence or abuse disability.
(Sec. 134) Allows amounts from the Department of Veterans Affairs Medical Care Collections Fund to be distributed to each Department medical facility (currently, each designated health care region).
(Sec. 135) Amends the Persian Gulf War Veterans' Benefits Act to extend through December 31, 2002: (1) a newsletter concerning medical care furnished to Persian Gulf War veterans; and (2) a program for evaluating the health of spouses and children of such veterans.
(Sec. 136) Directs the Secretaries of Veterans Affairs and Defense to report jointly to the veterans' and defense committees on cooperation between their respective departments in the procurement of pharmaceuticals and medical supplies.
(Sec. 137) Directs the Secretary, during the one-year period beginning on the date of enactment of this Act, to use the fee-for- service payment schedule for the reimbursement of medical expenses of veterans in Alaska rather than the Participating Physician Fee Schedule under the Medicare program. Requires a joint report from the Secretaries of Veterans Affairs and Health and Human Services to the veterans' committees on the use of the latter program to calculate such reimbursement rates.
(Sec. 138) Repeals the four-year term limit for the positions of Under Secretary for Health and Under Secretary for Benefits within the Department.
Subtitle E: Major Medical Facility Projects Construction Authorization - Authorizes the Secretary to carry out major medical facility projects at Department facilities in Lebanon, Pennsylvania, Fargo, North Dakota, Kansas City, Missouri, and Atlanta, Georgia. Authorizes appropriations, with a limitation. Amends the Veterans Programs Enhancement Act of 1998 to make certain funds appropriated for FY 2000 pursuant to authorization under this Act available for projects under such Act.
Title II: Benefits Matters - Requires Filipino veterans of World War II, in order to receive burial benefit payments, to be individuals who, on their date of death: (1) were citizens of the United States; (2) were residing in the United States; and (3) either were receiving veterans' disability compensation or, if their service was deemed active military service, would have been paid a military pension but for an applicable net worth limitation.
(Sec. 202) Extends through December 31, 2004: (1) the authority to maintain a regional office in the Republic of the Philippines; and (2) the Advisory Committee on Minority Veterans.
(Sec. 204) Authorizes the payment of dependency and indemnity compensation for the surviving spouse of a former prisoner of war whose disability was continuously rated as totally disabling for the one-year period immediately preceding death.
(Sec. 205) Repeals certain limitations on the payment of benefits to incompetent institutionalized veterans.
(Sec. 206) Amends Federal employment law to provide for the competitive and appointment status of preference eligible veterans.
Title III: Memorial Affairs - Subtitle A: Arlington National Cemetery - Arlington National Cemetery Burial and Inurnment Eligibility Act of 1999 - Authorizes the remains of the following individuals to be buried in Arlington National Cemetery (Cemetery): (1) any member who dies while on active duty; (2) any retired member and any person who served on active duty who at the time of death was entitled to military retired pay (or would have been so entitled but for his or her age); (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who dies on or after November 30, 1993; (6) the President and any former President; and (7) any former member whose last discharge or separation from active service was under honorable conditions and who is or was a Vice President, Member of Congress, Chief or Associate Supreme Court justice, head of an executive department or agency, or individual who died while serving in a hostile action as part of the foreign or national security services.
Authorizes the Secretary of Defense or the President, upon a determination that certain acts, service, or other contributions so merit, to bury such member in such Cemetery, as long as the member's last discharge or release from active duty was under honorable conditions. Requires, in such cases: (1) a report from either the President or such Secretary to the veterans' committees within 72 hours after such authorized burial; and (2) publication of a notice of such authorization in the Federal Register as soon as practicable. Authorizes Cemetery burial for certain family members of individuals made eligible under the above provisions, with conditions.
Makes the above eligibility the exclusive eligibility for Cemetery burial. States that a request for Cemetery burial made before the death of the individual may not be considered by the Secretary of the Army, the Secretary of Defense, or other responsible official. Directs the Secretary of the Army to maintain and make public a register of each individual buried in the Cemetery. Requires such register, for each individual buried on or after January 1, 1998, to include a brief description of the eligibility basis for such burial. Requires the Secretary of the Army to publish an updated pamphlet describing Cemetery burial eligibility.
(Sec. 303) Authorizes the cremated remains of the following individuals to be placed in the columbarium in the Cemetery: (1) all persons made eligible for burial under this title; (2) a person whose last period of active service ended honorably; and (3) the spouse, minor child, and, at the discretion of the Superintendent of the Cemetery, unmarried adult child of such veteran.
Subtitle B: World War II Memorial - World War II Memorial Completion Act - Directs the American Battle Monuments Commission to solicit and accept contributions for establishing the World War II memorial in the District of Columbia or its environs (authorized under prior law). Establishes in the Treasury a fund to hold and expend such contributions. Authorizes the Commission to: (1) borrow up to $65 million from the Treasury to ensure that memorial groundbreaking, construction, and dedication are completed on a timely basis; and (2) accept voluntary services in furtherance of fund-raising activities (authorizing reimbursement of volunteer incidental expenses).
Extends until December 31, 2005 (currently, May 25, 2000) the authority to construct the memorial.
(Sec. 313) Revises current Commission authority to receive State, local, and private amounts for establishing the memorial to: (1) authorize the Commission to solicit (instead of just receive) such contributions; and (2) require the deposit of such amounts in a separate account in the Treasury. Requires the Commission to establish written guidelines for the acceptance of funds and in-kind contributions.
(Sec. 314) Authorizes the Commission to adopt, obtain, use, register, and license trademarks, copyrights, and patents in connection with intellectual property and related items.
Title IV: United States Court of Appeals for Veterans Claims - Allows a judge of the United States Court of Appeals for Veterans Claims (Court) whose term expires in 2004 or 2005 and who completes such term or retires to continue to serve on the Court without reappointment. Requires such judge to notify the chief judge of the Court of the intent to so continue at least 30 days before the earlier of the expiration of such judge's term or the date on which the judge qualifies for retirement. Prohibits the total number of judges serving on the Court at any one time from exceeding seven. Allows such a judge to continue to serve temporarily until the earlier of: (1) 30 days after the Court chief judge certifies to the President and Congress that the caseload can be performed timely by judges who are senior to the judge electing to continue; or (2) the date on which the person appointed to succeed such continuing judge is qualified for the position. Outlines provisions concerning: (1) temporary service in other judge positions; (2) compensation for periods of temporary service; and (3) creditable service computation for retirement purposes.
(Sec. 402) Provides for a 13-year term for any Court judge who is appointed to a judge position that becomes vacant in 2004. Makes such judge eligible for retirement benefits after such 13-year (currently 15-year) period.
(Sec. 403) Authorizes a voluntary separation incentive payment of $25,000 for Court judges who: (1) meet the age and service requirements for retirement; (2) submit a notice of intent to retire; and (3) retire from the Court within 30 days after qualifying for retirement. Terminates such incentive payment authority for any judge retiring after December 31, 2002.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1076
To amend title 38, United States Code, to provide a cost-of-living
adjustment in rates of compensation paid to veterans with service-
connected disabilities, to enhance programs providing health care,
education, and other benefits for veterans, to authorize major medical
facility projects, to reform eligibility for burial in Arlington
National Cemetery, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 1999
Mr. Specter introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide a cost-of-living
adjustment in rates of compensation paid to veterans with service-
connected disabilities, to enhance programs providing health care,
education, and other benefits for veterans, to authorize major medical
facility projects, to reform eligibility for burial in Arlington
National Cemetery, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
Act of 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT
Subtitle A--Compensation Cost-of-Living-Adjustment
Sec. 101. Short title.
Sec. 102. Increase in rates of disability compensation and dependency
and indemnity compensation.
Sec. 103. Publication of adjusted rates.
Subtitle B--Compensation Rate Amendments
Sec. 111. Disability compensation.
Sec. 112. Additional compensation for dependents.
Sec. 113. Clothing allowance for certain disabled veterans.
Sec. 114. Dependency and indemnity compensation for surviving spouses.
Sec. 115. Dependency and indemnity compensation for children.
Sec. 116. Effective date.
TITLE II--EDUCATIONAL BENEFITS
Sec. 201. Short title.
Sec. 202. Increase in basic benefit of active duty educational
assistance.
Sec. 203. Increase in rates of survivors and dependents educational
assistance.
Sec. 204. Eligibility of members of the Armed Forces to withdraw
elections not to receive Montgomery GI Bill
basic educational assistance.
Sec. 205. Accelerated payments of basic educational assistance.
TITLE III--MEDICAL CARE
Subtitle A--Long-Term Care
Sec. 301. Adult day health care.
Sec. 302. In-home respite care services.
Subtitle B--Management of Medical Facilities and Property
Sec. 311. Disposal of Department of Veterans Affairs real property.
Sec. 312. Extension of enhanced-use lease authority.
Subtitle C--Homeless Veterans
Sec. 321. Extension of program of housing assistance for homeless
veterans.
Sec. 322. Homeless veterans comprehensive service programs.
Sec. 323. Authorizations of appropriations for homeless veterans'
reintegration projects.
Sec. 324. Report on implementation of General Accounting Office
recommendations regarding performance
measures.
Subtitle D--Other Health Care Provisions
Sec. 331. Treatment and services for drug or alcohol dependency.
Sec. 332. Allocation to Department of Veterans Affairs health care
facilities of amounts in Medical Care
Collections Fund.
Sec. 333. Extension of certain Persian Gulf War authorities.
Sec. 334. Report on coordination of procurement of pharmaceuticals and
medical supplies by the Department of
Veterans Affairs and the Department of
Defense.
Subtitle E--Major Medical Facility Projects Construction Authorization
Sec. 341. Authorization of major medical facility projects.
TITLE IV--OTHER BENEFITS MATTERS
Sec. 401. Payment rate of certain burial benefits for certain Filipino
veterans.
Sec. 402. Extension of authority to maintain a regional office in the
Republic of the Philippines.
Sec. 403. Extension of Advisory Committee on Minority Veterans.
Sec. 404. Repeal of limitation on payments of benefits to incompetent
institutionalized veterans.
Sec. 405. Clarification of veterans employment opportunities.
TITLE V--MEMORIAL AFFAIRS
Subtitle A--Arlington National Cemetery
Sec. 501. Short title.
Sec. 502. Persons eligible for burial in Arlington National Cemetery.
Sec. 503. Persons eligible for placement in the columbarium in
Arlington National Cemetery.
Subtitle B--World War II Memorial
Sec. 511. Short title.
Sec. 512. Fund raising by American Battle Monuments Commission for
World War II memorial.
Sec. 513. General authority of American Battle Monuments Commission to
solicit and receive contributions.
Sec. 514. Intellectual property and related items.
TITLE VI--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 601. Staggered retirement of judges.
Sec. 602. Recall of retired judges.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--COMPENSATION COST-OF-LIVING ADJUSTMENT
Subtitle A--Compensation Cost-of-Living-Adjustment
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 1999''.
SEC. 102. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 1999, increase the dollar amounts in effect
for the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b) of
such title.
(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(8) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under subsection
(a) shall be made in the dollar amounts specified in subsection (b) as
in effect on November 30, 1999.
(2) Except as provided in paragraph (3), each such amount shall be
increased by the same percentage as the percentage by which benefit
amounts payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased effective December 1, 1999, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2) shall,
if not a whole dollar amount, be rounded down to the next lower whole
dollar amount.
(d) Special Rule.--The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates of
disability compensation payable to persons within the purview of
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
SEC. 103. PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section 215(i)(2)(D)
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of
such Act during fiscal year 2000, the Secretary of Veterans Affairs
shall publish in the Federal Register the amounts specified in
subsection (b) of section 102, as increased pursuant to that section.
Subtitle B--Compensation Rate Amendments
SEC. 111. DISABILITY COMPENSATION.
(a) Increase in Rates.--Section 1114 is amended--
(1) by striking ``$95'' in subsection (a) and inserting
``$96'';
(2) by striking ``$182'' in subsection (b) and inserting
``$184'';
(3) by striking ``$279'' in subsection (c) and inserting
``$282'';
(4) by striking ``$399'' in subsection (d) and inserting
``$404'';
(5) by striking ``$569'' in subsection (e) and inserting
``$576'';
(6) by striking ``$717'' in subsection (f) and inserting
``$726'';
(7) by striking ``$905'' in subsection (g) and inserting
``$916'';
(8) by striking ``$1,049'' in subsection (h) and inserting
``$1,062'';
(9) by striking ``$1,181'' in subsection (i) and inserting
``$1,196'';
(10) by striking ``$1,964'' in subsection (j) and inserting
``$1,989'';
(11) by striking ``$2,443'' and ``$3,426'' in subsection
(k) and inserting ``$2,474'' and ``$3,470'', respectively;
(12) by striking ``$2,443'' in subsection (l) and inserting
``$2,474'';
(13) by striking ``$2,694'' in subsection (m) and inserting
``$2,729'';
(14) by striking ``$3,066'' in subsection (n) and inserting
``$3,105'';
(15) by striking ``$3,426'' each place it appears in
subsections (o) and (p) and inserting ``$3,470'';
(16) by striking ``$1,471'' and ``$2,190'' in subsection
(r) and inserting ``$1,490'' and ``$2,218'', respectively; and
(17) by striking ``$2,199'' in subsection (s) and inserting
``$2,227''.
(b) Special Rule.--The Secretary of Veterans Affairs may authorize
administratively, consistent with the increases specified in this
section, the rates of disability compensation payable to persons within
the purview of section 10 of Public Law 85-857 who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
SEC. 112. ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 1115(1) is amended--
(1) by striking ``$114'' in clause (A) and inserting
``$115'';
(2) by striking ``$195'' in clause (B) and inserting
``$197'';
(3) by striking ``$78'' in clause (C) and inserting
``$79'';
(4) by striking ``$92'' in clause (D) and inserting
``$93'';
(5) by striking ``$215'' in clause (E) and inserting
``$217''; and
(6) by striking ``$180'' in clause (F) and inserting
``$182''.
SEC. 113. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.
Section 1162 is amended by striking ``$528'' and inserting
``$534''.
SEC. 114. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.
(a) New Law Rates.--Section 1311(a) is amended--
(1) by striking ``$850'' in paragraph (1) and inserting
``$861''; and
(2) by striking ``$185'' in paragraph (2) and inserting
``$187''.
(b) Old Law Rates.--The table in subsection (a)(3) is amended to
read as follows:
Monthly Monthly
``Pay grade rate Pay grade rate
E-1...................... $861 W-4........ $1,030
E-2...................... 861 O-1........ 909
E-3...................... 861 O-2........ 940
E-4...................... 861 O-3........ 1,004
E-5...................... 861 O-4........ 1,062
E-6...................... 861 O-5........ 1,170
E-7...................... 890 O-6........ 1,318
E-8...................... 940 O-7........ 1,424
E-9...................... \1\980 O-8........ 1,561
W-1...................... 909 O-9........ 1,672
W-2...................... 946 O-10....... \2\1,834
W-3...................... 974
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 402 of
this title, the surviving spouse's rate shall be $1,057.
``\2\If the veteran served as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 402 of this title, the surviving spouse's rate
shall be $1,966.''.
(c) Additional DIC for Children.--Section 1311(b) is amended by
striking ``$215'' and inserting ``$217''.
(d) Aid and Attendance Allowance.--Section 1311(c) is amended by
striking ``$215'' and inserting ``$217''.
(e) Housebound Rate.--Section 1311(d) is amended by striking
``$104'' and inserting ``$105''.
SEC. 115. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.
(a) DIC for Orphan Children.--Section 1313(a) is amended--
(1) by striking ``$361'' in paragraph (1) and inserting
``$365'';
(2) by striking ``$520'' in paragraph (2) and inserting
``$526'';
(3) by striking ``$675'' in paragraph (3) and inserting
``$683''; and
(4) by striking ``$675'' and ``$132'' in paragraph (4) and
inserting ``$683'' and ``$133'', respectively.
(b) Supplemental DIC for Disabled Adult Children.--Section 1314 is
amended--
(1) by striking ``$215'' in subsection (a) and inserting
``$217'';
(2) by striking ``$361'' in subsection (b) and inserting
``$365''; and
(3) by striking ``$182'' in subsection (c) and inserting
``$184''.
SEC. 116. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on November
30, 1999.
TITLE II--EDUCATIONAL BENEFITS
SEC. 201. SHORT TITLE.
This title may be cited as the ``All-Volunteer Force Educational
Assistance Programs Improvements Act of 1999''.
SEC. 202. INCREASE IN BASIC BENEFIT OF ACTIVE DUTY EDUCATIONAL
ASSISTANCE.
(a) Increase in Basic Benefit.--Section 3015 is amended--
(1) in subsection (a)(1), by striking ``$528'' and
inserting ``$600''; and
(2) in subsection (b)(1), by striking ``$429'' and
inserting ``$488''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1999, and shall apply with respect to
educational assistance allowances paid for months after September 1999.
However, no adjustment in rates of educational assistance shall be made
under section 3015(g) of title 38, United States Code, for fiscal year
2000.
SEC. 203. INCREASE IN RATES OF SURVIVORS AND DEPENDENTS EDUCATIONAL
ASSISTANCE.
(a) Survivors and Dependents Educational Assistance.--Section 3532
is amended--
(1) in subsection (a)(1)--
(A) by striking ``$485'' and inserting ``$550'';
(B) by striking ``$365'' and inserting ``$414'';
and
(C) by striking ``$242'' and inserting ``$274'';
(2) in subsection (a)(2), by striking ``$485'' and
inserting ``$550'';
(3) in subsection (b), by striking ``$485'' and inserting
``$550''; and
(4) in subsection (c)(2)--
(A) by striking ``$392'' and inserting ``$445'';
(B) by striking ``$294'' and inserting ``$333'';
and
(C) by striking ``$196'' and inserting ``$222''.
(b) Correspondence Course.--Section 3534(b) is amended by striking
``$485'' and inserting ``$550''.
(c) Special Restorative Training.--Section 3542(a) is amended--
(1) by striking ``$485'' and inserting ``$550'';
(2) by striking ``$152'' each place it appears and
inserting ``$172''; and
(3) by striking ``$16.16'' and inserting ``$18.35''.
(d) Apprenticeship Training.--Section 3687(b)(2) is amended--
(1) by striking ``$353'' and inserting ``$401'';
(2) by striking ``$264'' and inserting ``$299'';
(3) by striking ``$175'' and inserting ``$198''; and
(4) by striking ``$88'' and inserting ``$99''.
(e) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999, and shall apply with respect to educational
assistance paid for months after September 1999.
SEC. 204. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES TO WITHDRAW
ELECTIONS NOT TO RECEIVE MONTGOMERY GI BILL BASIC
EDUCATIONAL ASSISTANCE.
(a) Members on Active Duty.--Section 3011(c) is amended by adding
at the end the following:
``(4)(A) An individual who makes an election under paragraph (1)
may withdraw the election at any time before the discharge or release
of the individual from active duty in the Armed Forces. An individual
who withdraws such an election shall be entitled to basic educational
assistance under this chapter.
``(B) The withdrawal of an election under this paragraph shall be
made in accordance with regulations prescribed by the Secretary of
Defense or by the Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy.
``(C)(i) In the case of an individual who withdraws an election
under this paragraph--
``(I) the basic pay of the individual shall be reduced by
$100 for each month after the month in which the election is
made until the total amount of such reductions equals $1,500;
or
``(II) to the extent that basic pay is not so reduced
before the individual's discharge or release from active duty
in the Armed Forces, the Secretary shall collect from the
individual an amount equal to the difference between $1,500 and
the total amount of reductions under subclause (I).
``(ii) An individual described in clause (i) may pay the Secretary
at any time an amount equal to the total amount of the reduction in
basic pay otherwise required with respect to the individual under that
clause minus the total amount of reductions of basic pay of the
individual under that clause at the time of the payment under this
clause.
``(iii) The second sentence of subsection (b) shall apply to any
reductions in basic pay under clause (i)(I).
``(iv) Amounts collected under clause (i)(II) and amounts paid
under clause (ii) shall be deposited into the Treasury as miscellaneous
receipts.
``(D) The withdrawal of an election under this paragraph is
irrevocable.''.
(b) Members of Selected Reserve.--Section 3012(d) is amended by
adding at the end the following:
``(4)(A) An individual who makes an election under paragraph (1)
may withdraw the election at any time before the discharge or release
of the individual from the Armed Forces. An individual who withdraws
such an election shall be entitled to basic educational assistance
under this chapter.
``(B) The withdrawal of an election under this paragraph shall be
made in accordance with regulations prescribed by the Secretary of
Defense or by the Secretary of Transportation with respect to the Coast
Guard when it is not operating as a service in the Navy.
``(C)(i) In the case of an individual who withdraws an election
under this paragraph--
``(I) the basic pay or compensation of the individual shall
be reduced by $100 for each month after the month in which the
election is made until the total amount of such reductions
equals $1,500; or
``(II) to the extent that basic pay or compensation is not
so reduced before the individual's discharge or release from
the Armed Forces, the Secretary shall collect from the
individual an amount equal to the difference between $1,500 and
the total amount of reductions under subclause (I).
``(ii) An individual described in clause (i) may pay the Secretary
at any time an amount equal to the total amount of the reduction in
basic pay or compensation otherwise required with respect to the
individual under that clause minus the total amount of reductions of
basic pay or compensation of the individual under that clause at the
time of the payment under this clause.
``(iii) The second sentence of subsection (c) shall apply to any
reductions in basic pay or compensation under clause (i)(I).
``(iv) Amounts collected under clause (i)(II) and amounts paid
under clause (ii) shall be deposited into the Treasury as miscellaneous
receipts.
``(D) The withdrawal of an election under this paragraph is
irrevocable.''.
SEC. 205. ACCELERATED PAYMENTS OF BASIC EDUCATIONAL ASSISTANCE.
Section 3014 is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following new subsection:
``(b)(1) The Secretary may make payments of basic educational
assistance under this subchapter on an accelerated basis.
``(2) The Secretary may pay basic educational assistance on an
accelerated basis under this subsection only to an individual entitled
to payment of such assistance under this subchapter who has made a
request for payment of such assistance on an accelerated basis.
``(3) In the event an adjustment under section 3015(g) of this
title in the monthly rate of basic educational assistance will occur
during a period for which a payment of such assistance is made on an
accelerated basis under this subsection, the Secretary shall pay on an
accelerated basis the amount of such assistance otherwise payable under
this subchapter for the period without regard to the adjustment under
that section.
``(4) The entitlement to basic educational assistance under this
subchapter of an individual who is paid such assistance on an
accelerated basis under this subsection shall be charged at a rate
equal to one month for each month of the period covered by the
accelerated payment of such assistance.
``(5) Basic educational assistance shall be paid on an accelerated
basis under this subsection as follows:
``(A) In the case of assistance for a course leading to a
standard college degree, at the beginning of the quarter,
semester, or term of the course in a lump-sum amount equivalent
to the aggregate amount of monthly assistance otherwise payable
under this subchapter for the quarter, semester, or term, as
the case may be, of the course.
``(B) In the case of assistance for a course other than a
course referred to in subparagraph (A)--
``(i) at the later of (I) the beginning of the
course, or (II) a reasonable time after the request for
payment by the individual concerned; and
``(ii) in any amount requested by the individual
concerned within the limit, if any, specified in the
regulations prescribed by the Secretary under paragraph
(6), with such limit not to exceed the aggregate amount
of monthly assistance otherwise payable under this
subchapter for the period of the course.
``(6) The Secretary shall prescribe regulations for purposes of
making payments of basic educational assistance on an accelerated basis
under this subsection. Such regulations shall include requirements
relating to the request for, making and delivery of, and receipt and
use of such payments and may include a limit on the amount payable for
a course under paragraph (5)(B)(ii).''.
TITLE III--MEDICAL CARE
Subtitle A--Long-Term Care
SEC. 301. ADULT DAY HEALTH CARE.
Section 1720(f)(1)(A)(i) is amended by striking ``subsections (a)
through (d) of this section'' and inserting ``subsections (b) through
(d) of this section''.
SEC. 302. IN-HOME RESPITE CARE SERVICES.
Section 1720B(b) is amended--
(1) in the matter preceding paragraph (1), by striking ``or
nursing home care'' and inserting
``, nursing home care, or home-based care''; and
(2) in paragraph (2), by inserting ``or in the home of a
veteran'' after ``in a Department facility''.
Subtitle B--Management of Medical Facilities and Property
SEC. 311. DISPOSAL OF DEPARTMENT OF VETERANS AFFAIRS REAL PROPERTY.
(a) Temporary Flexibility in Disposal.--(1) Chapter 81 is amended
by inserting after section 8122 the following new section:
``Sec. 8122A. Disposal of real property: temporary flexibility in
disposal
``(a)(1) The Secretary may, in accordance with this section,
dispose of property owned by the United States that is administered by
the Secretary (including improvements and equipment associated with the
property) by transfer, sale, or exchange to a Federal agency, a State
or political subdivision thereof, or any public or private entity.
``(2) The Secretary may exercise the authority provided by this
section without regard to the following provisions of law:
``(A) Sections 202 and 203 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483, 484).
``(B) Section 501 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11411).
``(3) The Secretary may not undertake more than 30 transactions for
the disposal of real property under this section.
``(b)(1) The Secretary shall obtain compensation in connection with
a disposal of real property under this section, other than by transfer
or exchange with another Federal entity, in an amount equal to the fair
market value of the property disposed of. Such compensation may include
in-kind compensation.
``(2) The Secretary may use amounts of cash compensation received
in connection with a disposal of real property under this section to
cover costs incurred by the Secretary for administrative expenses
associated with the disposal.
``(c)(1) There is in the Treasury a revolving fund to be known as
the Department of Veterans Affairs Capital Asset Fund (in this section
referred to as the `Fund').
``(2) The Secretary shall deposit in the Fund the following:
``(A) Any amounts appropriated pursuant to an authorization
of appropriations for the Fund.
``(B) Any cash compensation from the disposal of real
property under this section, less amounts used to cover
administrative expenses associated with such disposal under
subsection (b)(2).
``(3)(A) To the extent provided in advance in appropriations Acts
and subject to subsection (e)(2), amounts in the Fund at the beginning
of a fiscal year shall be available during the fiscal year as follows:
``(i) For costs associated with the disposal of real
property under this section, including--
``(I) costs of demolition of facilities and
improvements;
``(II) costs of environmental restoration; and
``(III) costs of maintenance and repair of
property, facilities, and improvements to facilitate
disposal;
``(ii) To the extent not utilized under clause (i) and
subject to subparagraph (B)--
``(I) for construction projects and facility leases
(other than projects or leases within the scope of
section 8104(a) of this title) and nonrecurring
maintenance and operation activities (including the
procurement and maintenance of equipment);
``(II) for transfer to the Department of Veterans
Affairs Medical Care Collections Fund established in
section 1729A of this title for use in accordance with
that section;
``(III) for activities and grants under programs
for providing grants for homeless assistance; and
``(IV) for transfer to the Department of Housing
and Urban Development for homeless assistance grants.
``(iii) To the extent not utilized under clauses (i) and
(ii), for the establishment and maintenance of the database
required under subsection (d).
``(B) Of the amounts available under subparagraph (A)(ii) for a
fiscal year--
``(i) an amount equal to 90 percent of such amounts shall
be available under subclauses (I), (II) and (III) of that
subparagraph; and
``(ii) an amount equal to 10 percent of such amounts shall
be available under subclause (IV) of that subparagraph.
``(4) Amounts in the Fund shall be available for the purposes
specified in paragraph (3) without fiscal year limitation.
``(d) The Secretary shall, in consultation with the Administrator
of General Services, establish and maintain a database of information
on the real property of the Department. The database shall provide
information that facilitates the management of such real property,
including the disposal of real property under this section.
``(e)(1) The authority of the Secretary to dispose of real property
under this section shall expire 5 years after the date of the enactment
of the Veterans Benefits Act of 1999.
``(2)(A) The Fund shall be available for not more than 2 years
after the expiration of the authority under paragraph (1) for
authorized uses of the Fund under this section.
``(B) Any unobligated funds in the Fund at the expiration of the
availability of the Fund under subparagraph (A) shall be transferred to
and merged with amounts in the Construction, Minor Projects Account.
``(f) The Secretary shall include with the materials that accompany
the budget of the President for a fiscal year under section 1105 of
title 31 a description, for the year preceding the year in which the
budget is submitted, of each transaction for the disposal of real
property carried out under this section.''.
(2) The table of sections at the beginning of chapter 81 is amended
by inserting after the item relating to section 8122 the following new
item:
``8122A. Disposal of real property: temporary flexibility in
disposal.''.
(b) Initial Capitalization of Fund.--(1) There is hereby authorized
to be appropriated for the Department of Veterans Affairs for fiscal
year 2000, $10,000,000 for deposit in the Department of Veterans
Affairs Capital Asset Fund established by section 8122A(c) of title 38,
United States Code (as added by subsection (a)).
(2) The Secretary may, for purposes of providing additional amounts
in the Fund, transfer to the Fund in fiscal year 2000 amounts in the
following accounts, in the order specified:
(A) Amounts in the Construction, Major Projects Account.
(B) Amounts in the Construction, Minor Projects Account.
(3) The Secretary shall reimburse an account referred to in
paragraph (2) for any amounts transferred from the account to the Fund
under that paragraph. Amounts for such reimbursements shall be derived
from amounts in the Fund.
(c) Modifications of General Real Property Disposal Authority.--
Paragraph (2) of section 8122(a) is amended to read as follows:
``(2)(A) Except as provided in paragraph (3) of this subsection,
the Secretary may not during any fiscal year dispose of any real
property that is owned by the United States and administered by the
Secretary unless--
``(i) the disposal is described in the budget submitted to
Congress pursuant to section 1105 of title 31 for that fiscal
year; and
``(ii) the Department receives compensation for the
disposal equal to fair market value of the real property.
``(B) The use of amounts received by the Secretary as a result of
the disposal of real property under this paragraph shall be governed by
the provisions of section 8122A of this title.''.
SEC. 312. EXTENSION OF ENHANCED-USE LEASE AUTHORITY.
Section 8169 is amended by striking ``December 31, 2001'' and
inserting ``December 31, 2004''.
Subtitle C--Homeless Veterans
SEC. 321. EXTENSION OF PROGRAM OF HOUSING ASSISTANCE FOR HOMELESS
VETERANS.
Section 3735(c) is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2001''.
SEC. 322. HOMELESS VETERANS COMPREHENSIVE SERVICE PROGRAMS.
(a) Purposes of Grants.--Section 3(a) of the Homeless Veterans
Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 note) is
amended by inserting ``, and expanding existing programs for
furnishing,'' after ``new programs to furnish''.
(b) Authorization of Appropriations.--Section 12 of that Act (38
U.S.C. 7721 note) is amended in the first sentence by inserting ``and
$50,000,000 for each of fiscal years 2000 and 2001'' after ``for fiscal
years 1993 through 1997''.
SEC. 323. AUTHORIZATIONS OF APPROPRIATIONS FOR HOMELESS VETERANS'
REINTEGRATION PROJECTS.
Section 738(e)(1) of the Stewart B. McKinney Homeless Assistance
Act (42 U.S.C. 11448(e)(1) is amended by adding at the end the
following:
``(H) $10,000,000 for fiscal year 2000.
``(I) $10,000,000 for fiscal year 2001.''.
SEC. 324. REPORT ON IMPLEMENTATION OF GENERAL ACCOUNTING OFFICE
RECOMMENDATIONS REGARDING PERFORMANCE MEASURES.
(a) Report.--Not later than three months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report containing a detailed plan for the evaluation
by the Department of Veterans Affairs of the effectiveness of programs
to assist homeless veterans.
(b) Outcome Measures.--The plan shall include outcome measures
which determine whether veterans are housed and employed within six
months after housing and employment are secured for veterans under such
programs.
Subtitle D--Other Health Care Provisions
SEC. 331. TREATMENT AND SERVICES FOR DRUG OR ALCOHOL DEPENDENCY.
Section 1720A(c) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``may not be transferred'' and
inserting ``may be transferred''; and
(B) by striking ``unless such transfer is during
the last thirty days of such member's enlistment or
tour of duty''; and
(2) in the first sentence of paragraph (2), by striking
``during the last thirty days of such person's enlistment
period or tour of duty''.
SEC. 332. ALLOCATION TO DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
FACILITIES OF AMOUNTS IN MEDICAL CARE COLLECTIONS FUND.
Section 1729A(d) is amended--
(1) by striking ``(1)'';
(2) by striking ``each designated health care region'' and
inserting ``each Department health care facility'';
(3) by striking ``each region'' and inserting ``each
facility'';
(4) by striking ``such region'' both places it appears and
inserting ``such facility''; and
(4) by striking paragraph (2).
SEC. 333. EXTENSION OF CERTAIN PERSIAN GULF WAR AUTHORITIES.
(a) Three-Year Extension of Newsletter on Medical Care.--Section
105(b)(2) of the Persian Gulf War Veterans' Benefits Act (title I of
Public Law 103-446; 108 Stat. 4659; 38 U.S.C. 1117 note) is amended by
striking ``December 31, 1999'' and inserting ``December 31, 2002''.
(b) Three-Year Extension of Program for Evaluation of Health of
Spouses and Children.--Section 107(b) of Persian Gulf War Veterans'
Benefits Act (title I of Public Law 103-446; 38 U.S.C. 1117 note) is
amended by striking ``December 31, 1999'' and inserting ``December 31,
2002''.
SEC. 334. REPORT ON COORDINATION OF PROCUREMENT OF PHARMACEUTICALS AND
MEDICAL SUPPLIES BY THE DEPARTMENT OF VETERANS AFFAIRS
AND THE DEPARTMENT OF DEFENSE.
(a) Requirement.--Not later than March 31, 2000, the Secretary of
Veterans Affairs and the Secretary of Defense shall jointly submit to
the Committees on Veterans' Affairs and Armed Services of the Senate
and the Committees on Veterans' Affairs and Armed Services of the House
of Representatives a report on the cooperation between the Department
of Veterans Affairs and the Department of Defense in the procurement of
pharmaceuticals and medical supplies.
(b) Report Elements.--The report under subsection (a) shall include
the following:
(1) A description of the current cooperation between the
Department of Veterans Affairs and the Department of Defense in
the procurement of pharmaceuticals and medical supplies.
(2) An assessment of the means by which cooperation between
the departments in such procurement could be enhanced or
improved.
(3) A description of any existing memoranda of agreement
between the Department of Veterans Affairs and the Department
of Defense that provide for the cooperation referred to in
subsection (a).
(4) A description of the effects, if any, such agreements
will have on current staffing levels at the Defense Supply
Center in Philadelphia, Pennsylvania, and the Department of
Veterans Affairs National Acquisition Center in Hines,
Illinois.
(5) A description of the effects, if any, of such
cooperation on military readiness.
(6) A comprehensive assessment of cost savings realized and
projected over the five fiscal year period beginning in fiscal
year 1999 for the Department of Veterans Affairs and the
Department of Defense as a result of such cooperation, and the
overall savings to the Treasury of the United States as a
result of such cooperation.
(7) A list of the types of medical supplies and
pharmaceuticals for which cooperative agreements would not be
appropriate and the reason or reasons therefor.
(8) An assessment of the extent to which cooperative
agreements could be expanded to include medical equipment,
major systems, and durable goods used in the delivery of health
care by the Department of Veterans Affairs and the Department
of Defense.
(9) A description of the effects such agreements might have
on distribution of items purchased cooperatively by the
Department of Veterans Affairs and the Department of Defense,
particularly outside the continental United States.
(10) An assessment of the potential to establish common
pharmaceutical formularies between the Department of Veterans
Affairs and the Department of Defense.
(11) An explanation of the current Uniform Product Number
(UPN) requirements of each Department and of any planned
standardization of such requirements between the Departments
for medical equipment and durable goods manufacturers.
Subtitle E--Major Medical Facility Projects Construction Authorization
SEC. 341. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
(a) In General.--The Secretary of Veterans Affairs may carry out
the following major medical facility projects, with each project to be
carried out in the amount specified for that project:
(1) Construction of a long term care facility at the
Department of Veterans Affairs Medical Center, Lebanon,
Pennsylvania, in an amount not to exceed $14,500,000.
(2) Renovations and environmental improvements at the
Department of Veterans Affairs Medical Center, Fargo, North
Dakota, in an amount not to exceed $12,000,000.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 2000 for the
Construction, Major Projects, Account $200,100,000 for the
projects authorized in subsection (a) and for the continuation
of projects authorized in section 701(a) of the Veterans
Programs Enhancement Act of 1998 (Public Law 105-368; 112 Stat.
3348).
(2) Limitation on fiscal year 2000 projects.--The projects
authorized in subsection (a) may only be carried out using--
(A) funds appropriated for fiscal year 2000
pursuant to the authorizations of appropriations in
subsection (a);
(B) funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 2000
that remain available for obligation; and
(C) funds appropriated for Construction, Major
Projects, for fiscal year 2000 for a category of
activity not specific to a project.
(c) Availability of Funds for Fiscal Year 1999 Projects.--Section
703(b)(1) of the Veterans Programs Enhancement Act of 1998 (112 Stat.
3349) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) funds appropriated for fiscal year 2000 pursuant to
the authorization of appropriations in section 341(b)(1) of the
Veterans Benefits Act of 1999;''.
TITLE IV--OTHER BENEFITS MATTERS
SEC. 401. PAYMENT RATE OF CERTAIN BURIAL BENEFITS FOR CERTAIN FILIPINO
VETERANS.
(a) Payment Rate.--Section 107 is amended--
(1) in subsection (a), by striking ``Payments'' and
inserting ``Subject to subsection (c), payments''; and
(2) by adding at the end the following:
``(c)(1) In the case of an individual described in paragraph (2),
payments under section 2302 or 2303 of this title by reason of
subsection (a)(3) shall be made at the rate of $1 for each dollar
authorized.
``(2) Paragraph (1) applies to any individual whose service is
described in subsection (a) if the individual, on the individual's date
of death--
``(A) is a citizen of the United States;
``(B) is residing in the United States; and
``(C) either--
``(i) is receiving compensation under chapter 11 of
this title; or
``(ii) if such service had been deemed to be active
military, naval, or air service, would have been paid
pension under section 1521 of this title without denial
or discontinuance by reason of section 1522 of this
title.''.
(b) Applicability.--No benefits shall accrue to any person for any
period before the effective date of this Act by reason of the
amendments made by subsection (a).
SEC. 402. EXTENSION OF AUTHORITY TO MAINTAIN A REGIONAL OFFICE IN THE
REPUBLIC OF THE PHILIPPINES.
Section 315(b) is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2004''.
SEC. 403. EXTENSION OF ADVISORY COMMITTEE ON MINORITY VETERANS.
Section 544(e) is amended by striking ``December 31, 1999'' and
inserting ``December 31, 2004''.
SEC. 404. REPEAL OF LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT
INSTITUTIONALIZED VETERANS.
Section 5503 is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
SEC. 405. CLARIFICATION OF VETERANS EMPLOYMENT OPPORTUNITIES.
(a) Clarification.--Section 3304(f) of title 5, United States Code,
is amended--
(1) by striking paragraph (4);
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) If selected, a preference eligible or veteran described in
paragraph (1) shall acquire competitive status and shall receive a
career or career-conditional appointment, as appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the amendment made to section 3304 of
title 5, United States Code, by section 2 of the Veterans Employment
Opportunities Act of 1998 (Public Law 105-339; 112 Stat. 3182), to
which such amendments relate.
TITLE V--MEMORIAL AFFAIRS
Subtitle A--Arlington National Cemetery
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ``Arlington National Cemetery
Burial and Inurnment Eligibility Act of 1999''.
SEC. 502. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY.
(a) In General.--(1) Chapter 24 is amended by adding at the end the
following new section:
``Sec. 2412. Arlington National Cemetery: persons eligible for burial
``(a) Primary Eligibility.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) Any member of the Armed Forces who dies while on
active duty.
``(2) Any retired member of the Armed Forces and any person
who served on active duty and at the time of death was entitled
(or but for age would have been entitled) to retired pay under
chapter 1223 of title 10.
``(3) Any former member of the Armed Forces separated for
physical disability before October 1, 1949, who--
``(A) served on active duty; and
``(B) would have been eligible for retirement under
the provisions of section 1201 of title 10 (relating to
retirement for disability) had that section been in
effect on the date of separation of the member.
``(4) Any former member of the Armed Forces whose last
active duty military service terminated honorably and who has
been awarded one of the following decorations:
``(A) Medal of Honor.
``(B) Distinguished Service Cross, Air Force Cross,
or Navy Cross.
``(C) Distinguished Service Medal.
``(D) Silver Star.
``(E) Purple Heart.
``(5) Any former prisoner of war who dies on or after
November 30, 1993.
``(6) The President or any former President.
``(7) Any former member of the Armed Forces whose last
discharge or separation from active duty was under honorable
conditions and who is or was one of the following:
``(A) Vice President.
``(B) Member of Congress.
``(C) Chief Justice or Associate Justice of the
Supreme Court.
``(D) The head of an Executive department (as such
departments are listed in section 101 of title 5).
``(E) An individual who served in the foreign or
national security services, if such individual died as
a result of a hostile action outside the United States
in the course of such service.
``(8) Any individual whose eligibility is authorized in
accordance with subsection (b).
``(b) Additional Authorizations of Burial.--(1) Subject to
paragraph (4), in the case of a former member of the Armed Forces not
otherwise covered by subsection (a) whose last discharge or separation
from active duty was under honorable conditions, if the Secretary of
Defense makes a determination referred to in paragraph (3) with respect
to such member, the Secretary of Defense may authorize the burial of
the remains of such former member in Arlington National Cemetery under
subsection (a)(8).
``(2) Subject to paragraph (4), in the case of any individual not
otherwise covered by subsection (a) or paragraph (1), if the President
makes a determination referred to in paragraph (3) with respect to such
individual, the President may authorize the burial of the remains of
such individual in Arlington National Cemetery under subsection (a)(8).
``(3) A determination referred to in paragraph (1) or (2) is a
determination that the acts, service, or other contributions to the
Nation of the former member or individual concerned are of equal or
similar merit to the acts, service, or other contributions to the
Nation of any of the persons listed in subsection (a).
``(4) A burial may be authorized under paragraph (1) or (2) only
after consultation with respect to the burial by the Secretary of
Defense with the Chairmen and Ranking Members of the Committees on
Veterans' Affairs of the Senate and the House of Representatives.
``(5)(A) In the case of an authorization for burial under this
subsection, the President or the Secretary of Defense, as the case may
be, shall submit to the Committees on Veterans' Affairs of the Senate
and the House of Representatives a report on the authorization not
later than 72 hours after the authorization.
``(B) Each report under subparagraph (A) shall--
``(i) identify the individual authorized for burial; and
``(ii) provide a justification for the authorization for
burial.
``(c) Eligibility of Family Members.--The remains of the following
individuals may be buried in Arlington National Cemetery:
``(1) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent, unmarried adult child of
a person listed in subsection (a), but only if buried in the
same gravesite as that person.
``(2)(A) The spouse, minor child, and, at the discretion of
the Superintendent, unmarried adult child of a member of the
Armed Forces on active duty if such spouse, minor child, or
unmarried adult child dies while such member is on active duty.
``(B) The individual whose spouse, minor child, and
unmarried adult child is eligible under subparagraph (A), but
only if buried in the same gravesite as the spouse, minor
child, or unmarried adult child.
``(3) The parents of a minor child or unmarried adult child
whose remains, based on the eligibility of a parent, are
already buried in Arlington National Cemetery, but only if
buried in the same gravesite as that minor child or unmarried
adult child.
``(4)(A) Subject to subparagraph (B), the surviving spouse,
minor child, and, at the discretion of the Superintendent,
unmarried adult child of a member of the Armed Forces who was
lost, buried at sea, or officially determined to be permanently
absent in a status of missing or missing in action.
``(B) A person is not eligible under subparagraph (A) if a
memorial to honor the memory of the member is placed in a
cemetery in the national cemetery system, unless the memorial
is removed. A memorial removed under this subparagraph may be
placed, at the discretion of the Superintendent, in Arlington
National Cemetery.
``(5) The surviving spouse, minor child, and, at the
discretion of the Superintendent, unmarried adult child of a
member of the Armed Forces buried in a cemetery under the
jurisdiction of the American Battle Monuments Commission.
``(d) Spouses.--For purposes of subsection (c)(1), a surviving
spouse of a person whose remains are buried in Arlington National
Cemetery by reason of eligibility under subsection (a) who has
remarried is eligible for burial in the same gravesite of that person.
The spouse of the surviving spouse is not eligible for burial in such
gravesite.
``(e) Disabled Adult Unmarried Children.--In the case of an
unmarried adult child who is incapable of self-support up to the time
of death because of a physical or mental condition, the child may be
buried under subsection (c) without requirement for approval by the
Superintendent under that subsection if the burial is in the same
gravesite as the gravesite in which the parent, who is eligible for
burial under subsection (a), has been or will be buried.
``(f) Family Members of Persons Buried in a Group Gravesite.--In
the case of a person eligible for burial under subsection (a) who is
buried in Arlington National Cemetery as part of a group burial, the
surviving spouse, minor child, or unmarried adult child of the member
may not be buried in the group gravesite.
``(g) Exclusive Authority for Burial in Arlington National
Cemetery.--Eligibility for burial of remains in Arlington National
Cemetery prescribed under this section is the exclusive eligibility for
such burial.
``(h) Application for Burial.--A request for burial of remains of
an individual in Arlington National Cemetery made before the death of
the individual may not be considered by the Secretary of the Army, the
Secretary of Defense, or any other responsible official.
``(i) Register of Buried Individuals.--(1) The Secretary of the
Army shall maintain a register of each individual buried in Arlington
National Cemetery and shall make such register available to the public.
``(2) With respect to each such individual buried on or after
January 1, 1998, the register shall include a brief description of the
basis of eligibility of the individual for burial in Arlington National
Cemetery.
``(j) Definitions.--For purposes of this section:
``(1) The term `retired member of the Armed Forces' means--
``(A) any member of the Armed Forces on a retired
list who served on active duty and who is entitled to
retired pay;
``(B) any member of the Fleet Reserve or Fleet
Marine Corps Reserve who served on active duty and who
is entitled to retainer pay; and
``(C) any member of a reserve component of the
Armed Forces who has served on active duty and who has
received notice from the Secretary concerned under
section 12731(d) of title 10 of eligibility for retired
pay under chapter 1223 of title 10.
``(2) The term `former member of the Armed Forces' includes
a person whose service is considered active duty service
pursuant to a determination of the Secretary of Defense under
section 401 of Public Law 95-202 (38 U.S.C. 106 note).
``(3) The term `Superintendent' means the Superintendent of
Arlington National Cemetery.''.
(2) The table of sections at the beginning of chapter 24 is amended
by adding at the end the following new item:
``2412. Arlington National Cemetery: persons eligible for burial.''.
(b) Publication of Updated Pamphlet.--Not later than 180 days after
the date of enactment of this Act, the Secretary of the Army shall
publish an updated pamphlet describing eligibility for burial in
Arlington National Cemetery. The pamphlet shall reflect the provisions
of section 2412 of title 38, United States Code, as added by subsection
(a).
(c) Technical Amendments.--Section 2402(7) is amended--
(1) by inserting ``(or but for age would have been
entitled)'' after ``was entitled'';
(2) by striking ``chapter 67'' and inserting ``chapter
1223''; and
(3) by striking ``or would have been entitled to'' and all
that follows and inserting a period.
(d) Effective Date.--Section 2412 of title 38, United States Code,
as added by subsection (a), shall apply with respect to individuals
dying on or after the date of enactment of this Act.
SEC. 503. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN
ARLINGTON NATIONAL CEMETERY.
(a) In General.--(1) Chapter 24 is amended by adding after section
2412, as added by section 501(a)(1) of this Act, the following new
section:
``Sec. 2413. Arlington National Cemetery: persons eligible for
placement in columbarium
``(a) Eligibility.--The cremated remains of the following
individuals may be placed in the columbarium in Arlington National
Cemetery:
``(1) A person eligible for burial in Arlington National
Cemetery under section 2412 of this title.
``(2)(A) A veteran whose last period of active duty service
(other than active duty for training) ended honorably.
``(B) The spouse, surviving spouse, minor child, and, at
the discretion of the Superintendent of Arlington National
Cemetery, unmarried adult child of such a veteran.
``(b) Spouse.--Section 2412(d) of this title shall apply to a
spouse under this section in the same manner as it applies to a spouse
under section 2412 of this title.''.
(2) The table of sections at the beginning of chapter 24 is amended
by adding after section 2412, as added by section 501(a)(2) of this
Act, the following new item:
``2413. Arlington National Cemetery: persons eligible for placement in
columbarium.''.
(b) Effective Date.--Section 2413 of title 38, United States Code,
as added by subsection (a), shall apply with respect to individuals
dying on or after the date of enactment of this Act.
Subtitle B--World War II Memorial
SEC. 511. SHORT TITLE.
This subtitle may be cited as the ``World War II Memorial
Completion Act''.
SEC. 512. FUND RAISING BY AMERICAN BATTLE MONUMENTS COMMISSION FOR
WORLD WAR II MEMORIAL.
(a) Codification of Existing Authority; Expansion of Authority.--
(1) Chapter 21 of title 36, United States Code, is amended by adding at
the end the following new section:
``Sec. 2113. World War II memorial in the District of Columbia
``(a) Definitions.--In this section:
``(1) The term `World War II memorial' means the memorial
authorized by Public Law 103-32 (107 Stat. 90) to be
established by the American Battle Monuments Commission on
Federal land in the District of Columbia or its environs to
honor members of the Armed Forces who served in World War II
and to commemorate the participation of the United States in
that war.
``(2) The term `Commission' means the American Battle
Monuments Commission.
``(3) The term `memorial fund' means the fund created by
subsection (c).
``(b) Solicitation and Acceptance of Contributions.--Consistent
with the authority of the Commission under section 2103(e) of this
title, the Commission shall solicit and accept contributions for the
World War II memorial.
``(c) Creation of Memorial Fund.--(1) There is hereby created in
the Treasury a fund for the World War II memorial, which shall consist
of the following:
``(A) Amounts deposited, and interest and proceeds
credited, under paragraph (2).
``(B) Obligations obtained under paragraph (3).
``(C) The amount of surcharges paid to the Commission for
the World War II memorial under the World War II 50th
Anniversary Commemorative Coins Act.
``(D) Amounts borrowed using the authority provided under
subsection (e).
``(E) Any funds received by the Commission under section
2103(l) of this title in exchange for use of, or the right to
use, any mark, copyright or patent.
``(2) The Chairman of the Commission shall deposit in the memorial
fund the amounts accepted as contributions under subsection (b). The
Secretary of the Treasury shall credit to the memorial fund the
interest on, and the proceeds from sale or redemption of, obligations
held in the memorial fund.
``(3) The Secretary of the Treasury shall invest any portion of the
memorial fund that, as determined by the Chairman of the Commission, is
not required to meet current expenses. Each investment shall be made in
an interest bearing obligation of the United States or an obligation
guaranteed as to principal and interest by the United States that, as
determined by the Chairman of the Commission, has a maturity suitable
for the memorial fund.
``(d) Use of Memorial Fund.--The memorial fund shall be available
to the Commission for--
``(1) the expenses of establishing the World War II
memorial, including the maintenance and preservation amount
provided for in section 8(b) of the Commemorative Works Act (40
U.S.C. 1008(b));
``(2) such other expenses, other than routine maintenance,
with respect to the World War II memorial as the Commission
considers warranted; and
``(3) to secure, obtain, register, enforce, protect, and
license any mark, copyright or patent that is owned by,
assigned to, or licensed to the Commission under section
2103(l) of this title to aid or facilitate the construction of
the World War II memorial.
``(e) Special Borrowing Authority.--(1) To assure that
groundbreaking, construction, and dedication of the World War II
memorial are completed on a timely basis, the Commission may borrow
money from the Treasury of the United States in such amounts as the
Commission considers necessary, but not to exceed a total of
$65,000,000. Borrowed amounts shall bear interest at a rate determined
by the Secretary of the Treasury, taking into consideration the average
market yield on outstanding marketable obligations of the United States
of comparable maturities during the month preceding the month in which
the obligations of the Commission are issued. The interest payments on
such obligations may be deferred with the approval of the Secretary of
the Treasury, but any interest payment so deferred shall also bear
interest.
``(2) The borrowing of money by the Commission under paragraph (1)
shall be subject to such maturities, terms, and conditions as may be
agreed upon by the Commission and the Secretary of the Treasury, except
that the maturities may not exceed 20 years and such borrowings may be
redeemable at the option of the Commission before maturity.
``(3) The obligations of the Commission shall be issued in amounts
and at prices approved by the Secretary of the Treasury. The authority
of the Commission to issue obligations under this subsection shall
remain available without fiscal year limitation. The Secretary of the
Treasury shall purchase any obligations of the Commission to be issued
under this subsection, and for such purpose the Secretary of the
Treasury may use as a public debt transaction of the United States the
proceeds from the sale of any securities issued under chapter 31 of
title 31. The purposes for which securities may be issued under such
chapter are extended to include any purchase of the Commission's
obligations under this subsection.
``(4) Repayment of the interest and principal on any funds borrowed
by the Commission under paragraph (1) shall be made from amounts in the
memorial fund. The Commission may not use for such purpose any funds
appropriated for any other activities of the Commission.
``(f) Treatment of Borrowing Authority.--In determining whether the
Commission has sufficient funds to complete construction of the World
War II memorial, as required by section 8 of the Commemorative Works
Act (40 U.S.C. 1008), the Secretary of the Interior shall consider the
funds that the Commission may borrow from the Treasury under subsection
(e) as funds available to complete construction of the memorial,
whether or not the Commission has actually exercised the authority to
borrow such funds.
``(g) Voluntary Services.--(1) Notwithstanding section 1342 of
title 31, the Commission may accept from any person voluntary services
to be provided in furtherance of the fund-raising activities of the
Commission relating to the World War II memorial.
``(2) A person providing voluntary services under this subsection
shall be considered to be a Federal employee for purposes of chapter 81
of title 5, relating to compensation for work-related injuries, and
chapter 171 of title 28, relating to tort claims. A volunteer who is
not otherwise employed by the Federal Government shall not be
considered to be a Federal employee for any other purpose by reason of
the provision of such voluntary service, except that any volunteers
given responsibility for the handling of funds or the carrying out of a
Federal function are subject to the conflict of interest laws contained
in chapter 11 of title 18, and the administrative standards of conduct
contained in part 2635 of title 5, Code of Federal Regulations.
``(3) The Commission may provide for reimbursement of incidental
expenses which are incurred by a person providing voluntary services
under this subsection. The Commission shall determine which expenses
are eligible for reimbursement under this paragraph.
``(4) Nothing in this subsection shall be construed to require
Federal employees to work without compensation or to allow the use of
volunteer services to displace or replace Federal employees.
``(h) Treatment of Certain Contracts.--A contract entered into by
the Commission for the design or construction of the World War II
memorial is not a funding agreement as that term is defined in section
201 of title 35.
``(i) Extension of Authority To Establish Memorial.--
Notwithstanding section 10 of the Commemorative Works Act (40 U.S.C.
1010), the legislative authorization for the construction of the World
War II memorial contained in Public Law 103-32 (107 Stat. 90) shall not
expire until December 31, 2005.''.
(2) The table of sections at the beginning of chapter 21 of title
36, United States Code, is amended by adding at the end the following
new item:
``2113. World War II memorial in the District of Columbia.''.
(b) Conforming Amendments.--Public Law 103-32 (107 Stat. 90) is
amended by striking sections 3, 4, and 5.
(c) Effect of Repeal of Current Memorial Fund.--Upon the date of
the enactment of this Act, the Secretary of the Treasury shall transfer
amounts in the fund created by section 4(a) of Public Law 103-32 (107
Stat. 91) to the fund created by section 2113 of title 36, United
States Code, as added by subsection (a).
SEC. 513. GENERAL AUTHORITY OF AMERICAN BATTLE MONUMENTS COMMISSION TO
SOLICIT AND RECEIVE CONTRIBUTIONS.
Subsection (e) of section 2103 of title 36, United States Code, is
amended to read as follows:
``(e) Solicitation and Receipt of Contributions.--(1) The
Commission may solicit and receive funds and in-kind donations and
gifts from any State, municipal, or private source to carry out the
purposes of this chapter. The Commission shall deposit such funds in a
separate account in the Treasury. Funds from this account shall be
disbursed upon vouchers approved by the Chairman of the Commission as
well as by a Federal official authorized to sign payment vouchers.
``(2) The Commission shall establish written guidelines setting
forth the criteria to be used in determining whether the acceptance of
funds and in-kind donations and gifts under paragraph (1) would--
``(A) reflect unfavorably on the ability of the Commission,
or any employee of the Commission, to carry out the
responsibilities or official duties of the Commission in a fair
and objective manner; or
``(B) compromise the integrity or the appearance of the
integrity of the programs of the Commission or any official
involved in those programs.''.
SEC. 514. INTELLECTUAL PROPERTY AND RELATED ITEMS.
Section 2103 of title 36, United States Code, is amended by adding
at the end the following new subsection:
``(l) Intellectual Property and Related Items.--(1) The Commission
may--
``(A) adopt, use, register, and license trademarks, service
marks, and other marks;
``(B) obtain, use, register, and license the use of
copyrights consistent with section 105 of title 17;
``(C) obtain, use, and license patents; and
``(D) accept gifts of marks, copyrights, patents and
licenses for use by the Commission.
``(2) The Commission may grant exclusive and nonexclusive licenses
in connection with any mark, copyright, patent, or license for the use
of such mark, copyright or patent, except to extent the grant of such
license by the Commission would be contrary to any contract or license
by which the use of such mark, copyright or patent was obtained.
``(3) The Commission may enforce any mark, copyright, or patent by
an action in the district courts under any law providing for the
protection of such marks, copyrights, or patents.
``(4) The Attorney General shall furnish the Commission with such
legal representation as the Commission may require under paragraph (3).
The Secretary of Defense shall provide representation for the
Commission in administrative proceedings before the Patent and
Trademark Office and Copyright Office.
``(5) Section 203 of title 17 shall not apply to any copyright
transferred in any manner to the Commission.''.
TITLE VI--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SEC. 601. STAGGERED RETIREMENT OF JUDGES.
(a) Staggered Eligibility for Early Retirement.--Notwithstanding
section 7296 of title 38, United States Code, judges of the United
States Court of Appeals for Veterans Claims described in subsection (b)
shall be eligible to retire from the Court without regard to the actual
date of expiration of their terms as judges of the Court, as follows:
(1) One individual in 2001.
(2) Two individuals in each of 2002 and 2003.
(b) Covered Judges.--A judge of the United States Court of Appeals
for Veterans Claims is eligible to retire under this section if at the
time of retirement the judge--
(1) is an associate judge of the Court who has at least 10
years of service on the Court creditable under section 7296 of
title 38, United States Code;
(2) has made an election to receive retired pay under
section 7296 of such title;
(3) has at least 20 years of service allowable under
section 7297(l) of such title;
(4) is at least fifty-five years of age;
(5) has years of age, years of service creditable under
section 7296 of such title, and years of service allowable
under section 7297(l) of such title not creditable under
section 7296 of such title that total at least 80; and
(6) either--
(A) is the most senior associate judge of the Court
to submit notice of an election to retire under
subsection (c) in 2001; or
(B) is one of the two most senior associate judges
of the Court to submit notice of an election to retire
under that subsection in 2002 or 2003, as applicable.
(c) Election of Intent To Retire.--(1) A judge seeking to retire
under this section shall submit to the President and the chief judge of
the United States Court of Appeals for Veterans Claims written notice
of an election to so retire not later than April 1 of the year in which
the judge seeks to so retire.
(2) A notice of election to retire under this subsection for a
judge shall specify the retirement date of the judge. That date shall
meet the requirements for a retirement date set forth in subsection
(d)(1).
(3) An election to retire under this section, if accepted by the
President, is irrevocable.
(d) Retirement.--(1) A judge whose election to retire under this
section is accepted shall retire in the year in which notice of the
judge's election to retire is submitted under subsection (c)(1). The
retirement date shall be not later than 90 days after the date of the
submittal of the election to retire under that subsection.
(2)(A) Notwithstanding any other provision of law and except as
provided in subparagraph (B), a judge retiring under this section shall
be deemed to have retired under section 7296(b)(1) of title 38, United
States Code.
(B) The rate of retired pay for a judge retiring under this section
shall, as of the date of such judge's retirement, be equal to the rate
of retired pay otherwise applicable to the judge under section
7296(c)(1) of such title as of such date multiplied by the fraction in
which--
(i) the numerator is the sum of the number of the judge's
years of service as a judge of the United States Court of
Appeals for Veterans Claims creditable under section 7296 of such title
and the age of such judge; and
(ii) the denominator is 80.
(e) Duty of Actuary.--Section 7298(e)(2) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) For purposes of subparagraph (B) of this paragraph, the term
`present value' includes a value determined by an actuary with respect
to a payment that may be made under subsection (b) from the retirement
fund within the contemplation of law.''.
SEC. 602. RECALL OF RETIRED JUDGES.
(a) In General.--Subchapter I of chapter 72 is amended by inserting
after section 7254 the following new section:
``Sec. 7254a. Recall of retired judges
``(a) The chief judge of the United States Court of Appeals for
Veterans Claims may recall to the Court any individual described in
subsection (b) if--
``(1) a vacancy exists in a position of associate judge of
the Court; or
``(2) the chief judge determines that the recall is
necessary to meet the anticipated case work of the Court.
``(b) An individual eligible for recall to the Court under this
section is any individual who--
``(1) has retired as a judge of the Court under the
provisions of section 7296 of this title or the provisions of
chapter 83 or 84 of title 5, as applicable; and
``(2) has submitted to the chief judge of the Court a
notice of election to be so recalled.
``(c)(1) Upon determining to recall an individual to the Court
under this section, the chief judge shall certify in writing to the
President that--
``(A) the individual to be recalled is needed to perform
substantial service for the Court; and
``(B) such service is required for a specified period of
time.
``(2) The chief judge shall provide a copy of any certification
submitted to the President under paragraph (1) to the Committees on
Veterans' Affairs of the Senate and House of Representatives.
``(3)(A) An individual may be recalled to the Court under this
section only with the written consent of the individual.
``(B) The individual shall be recalled only for the period of time
specified in the certification with respect to the individual under
paragraph (1).
``(d) An individual recalled to the Court under this section may
exercise all of the powers and duties of office of a judge of the Court
in active service on the Court.
``(e)(1) An individual recalled to the Court under this section
shall, during the period for which the individual serves in recall
status under this section, be paid pay at a rate equivalent to the rate
of pay in effect under section 7253(e)(2) of this title for a judge
serving on the Court minus the amount of retired pay paid to the
individual under section 7296 of this title or of an annuity under the
provisions of chapter 83 or 84 of title 5, as applicable.
``(2) Amounts paid an individual under this subsection shall not be
treated as compensation for employment with the United States for
purposes of section 7296(e) of this title or any provision of title 5
relating to the receipt or forfeiture of retired pay or retirement
annuities by a person accepting compensation for employment with the
United States.
``(f)(1) Except as provided in subsection (e), an individual
recalled to the Court under this section who retired under the
applicable provisions of title 5 shall be considered to be a reemployed
annuitant under chapter 83 or 84 of title 5, as applicable.
``(2) Nothing in this section shall affect the right of an
individual who retired under the provisions of chapter 83 or 84 of
title 5 to serve otherwise as a reemployed annuitant in accordance with
the provisions of title 5.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 is amended by inserting after the item relating to section
7254 the following new item:
``7254a. Recall of retired judges.''.
<all>
Introduced in Senate
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5587-5588)
Read twice and referred to the Committee on Veterans Affairs.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 106-576.
Committee on Veterans Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Veterans Affairs. Reported to Senate by Senator Specter with an amendment in the nature of a substitute and an amendment to the title. With written report No. 106-122. Additional views filed.
Committee on Veterans Affairs. Reported to Senate by Senator Specter with an amendment in the nature of a substitute and an amendment to the title. With written report No. 106-122. Additional views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 230.
Measure laid before Senate by unanimous consent. (consideration: CR S10637-10654)
The committee substitute as amended agreed to by Unanimous Consent.
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Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
Received in the House.
Referred to the House Committee on Veterans' Affairs.