Text: H.R.2116 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-117 (11/30/1999)

 
[106th Congress Public Law 117]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ117.106]


[[Page 113 STAT. 1545]]

Public Law 106-117
106th Congress

                                 An Act


 
    To amend title 38, United States Code, to establish a program of 
   extended care services for veterans, to make other improvements in 
 health care programs of the Department of Veterans Affairs, to enhance 
compensation, memorial <<NOTE: Nov. 30, 1999 -  [H.R. 2116]>>  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Veterans Millennium Health 
Care and Benefits Act.>>  assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 38 USC 101 note.>>  Short Title.--This Act may be cited 
as the ``Veterans Millennium Health Care and Benefits Act''.

    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Secretary and Department defined.

                         TITLE I--ACCESS TO CARE

                       Subtitle A--Long-Term Care

Sec. 101. Requirement to provide extended care services.
Sec. 102. Pilot programs relating to long-term care.
Sec. 103. Pilot program relating to assisted living.

                Subtitle B--Other Access to Care Matters

Sec. 111. Reimbursement for emergency treatment in non-Department of 
           Veterans Affairs facilities.
Sec. 112. Eligibility for care of combat-injured veterans.
Sec. 113. Access to care for TRICARE-eligible military retirees.
Sec. 114. Treatment and services for drug or alcohol dependency.
Sec. 115. Counseling and treatment for veterans who have experienced 
           sexual 
           trauma.
Sec. 116. Specialized mental health services.

                TITLE II--MEDICAL PROGRAM ADMINISTRATION

Sec. 201. Medical care collections.
Sec. 202. Health Services Improvement Fund.
Sec. 203. Allocation to health care facilities of amounts made available 
           from 
           Medical Care Collections Fund.
Sec. 204. Authority to accept funds for education and training.
Sec. 205. Extension of certain authorities.
Sec. 206. Reestablishment of Committee on Post-Traumatic Stress 
           Disorder.
Sec. 207. State home grant program.
Sec. 208. Expansion of enhanced-use lease authority.
Sec. 209. Ineligibility for employment by Veterans Health Administration 
           of health care professionals who have lost license to 
           practice in one jurisdiction while still licensed in another 
           jurisdiction.
Sec. 210. Report on coordination of procurement of pharmaceuticals and 
           medical supplies by the Department of Veterans Affairs and 
           the Department of Defense.

[[Page 113 STAT. 1546]]

Sec. 211. Reimbursement of medical expenses of veterans located in 
           Alaska.

               TITLE III--MISCELLANEOUS MEDICAL PROVISIONS

Sec. 301. Review of proposed changes to operation of medical facilities.
Sec. 302. Patient services at Department facilities.
Sec. 303. Chiropractic treatment.
Sec. 304. Designation of hospital bed replacement building at Ioannis A. 
           Lougaris Department of Veterans Affairs Medical Center, Reno, 
           Nevada.

              TITLE IV--CONSTRUCTION AND FACILITIES MATTERS

Sec. 401. Authorization of major medical facility projects.
Sec. 402. Authorization of major medical facility leases.
Sec. 403. Authorization of appropriations.

                TITLE V--BENEFITS AND EMPLOYMENT MATTERS

                    Subtitle A--Compensation and DIC

Sec. 501. Dependency and indemnity compensation for surviving spouses of 
           former prisoners of war.
Sec. 502. Reinstatement of certain benefits for remarried surviving 
           spouses of 
           veterans upon termination of their remarriage.
Sec. 503. Presumption that bronchiolo-alveolar carcinoma is service-
           connected.

                         Subtitle B--Employment

Sec. 511. Clarification of veterans' civil service employment 
           opportunities.

                   TITLE VI--MEMORIAL AFFAIRS MATTERS

            Subtitle A--American Battle Monuments Commission

Sec. 601. Codification and expansion of authority for World War II 
           memorial.
Sec. 602. General authority to solicit and receive contributions.
Sec. 603. Intellectual property and related items.
Sec. 604. Technical amendments.

                     Subtitle B--National Cemeteries

Sec. 611. Establishment of additional national cemeteries.
Sec. 612. Use of flat grave markers at Santa Fe National Cemetery, New 
           Mexico.
Sec. 613. Independent study on improvements to veterans' cemeteries.

                       Subtitle C--Burial Benefits

Sec. 621. Independent study on improvements to veterans' burial 
           benefits.

                TITLE VII--EDUCATION AND HOUSING MATTERS

                      Subtitle A--Education Matters

Sec. 701. Availability of Montgomery GI Bill benefits for preparatory 
           courses for 
           college and graduate school entrance exams.
Sec. 702. Determination of eligibility period for members of the Armed 
           Forces 
           commissioned following completion of officer training school.
Sec. 703. Report on veterans' education and vocational training benefits 
           provided by the States.
Sec. 704. Technical amendments.

                       Subtitle B--Housing Matters

Sec. 711. Extension of authority for housing loans for members of the 
           Selected 
           Reserve.
Sec. 712. Technical amendment relating to transitional housing loan 
           guarantee 
           program.

    TITLE VIII--DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATIVE MATTERS

Sec. 801. Enhanced quality assurance program within the Veterans 
           Benefits 
           Administration.
Sec. 802. Extension of authority to maintain a regional office in the 
           Republic of the Philippines.
Sec. 803. Extension of Advisory Committee on Minority Veterans.
Sec. 804. Technical amendment to automobile assistance program.

                  TITLE IX--HOMELESS VETERANS PROGRAMS

Sec. 901. Homeless veterans' reintegration programs.

[[Page 113 STAT. 1547]]

Sec. 902. Extension of program of housing assistance for homeless 
           veterans.
Sec. 903. Homeless veterans programs.
Sec. 904. Plan for evaluation of performance of programs to assist 
           homeless 
           veterans.

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

Sec. 1001. Short title.
Sec. 1002. Definition.

     Subtitle A--Transitional Provisions To Stagger Terms of Judges

Sec. 1011. Early retirement authority for current judges.
Sec. 1012. Modified terms for next two judges appointed to the Court.

          Subtitle B--Other Matters Relating to Retired Judges

Sec. 1021. Recall of retired judges.
Sec. 1022. Judges' retired pay.
Sec. 1023. Survivor annuities.
Sec. 1024. Limitation on activities of retired judges.

  Subtitle C--Rotation of Service of Judges as Chief Judge of the Court

Sec. 1031. Repeal of separate appointment of chief judge.
Sec. 1032. Designation and term of chief judge of Court.
Sec. 1033. Salary.
Sec. 1034. Precedence of judges.
Sec. 1035. Conforming amendments.
Sec. 1036. Applicability of amendments.

            TITLE XI--VOLUNTARY SEPARATION INCENTIVE PROGRAM

Sec. 1101. Short title.
Sec. 1102. Plan for payment of voluntary separation incentive payments.
Sec. 1103. Voluntary separation incentive payments.
Sec. 1104. Effect of subsequent employment with the Government.
Sec. 1105. Additional agency contributions to Civil Service Retirement 
           and 
           Disability Fund.
Sec. 1106. Continued health insurance coverage.
Sec. 1107. Prohibition of reduction of full-time equivalent employment 
           level.
Sec. 1108. Regulations.
Sec. 1109. Limitation; savings clause.
Sec. 1110. Eligible employees.

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.

SEC. 3. <<NOTE: 38 USC 101 note.>>  SECRETARY AND DEPARTMENT DEFINED.

    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of Veterans 
        Affairs; and
            (2) the term ``Department'' means the Department of 
        Veterans Affairs.

                         TITLE I--ACCESS TO CARE

                       Subtitle A--Long-Term Care

SEC. 101. REQUIREMENT TO PROVIDE EXTENDED CARE SERVICES.

    (a) Required Nursing Home Care.--(1) Chapter 17 is amended by 
inserting after section 1710 the following new section:

``Sec. 1710A. Required nursing home care

    ``(a) The Secretary shall provide nursing home care which the 
Secretary determines is needed (1) to any veteran in need of such

[[Page 113 STAT. 1548]]

care for a service-connected disability, and (2) to any veteran who is 
in need of such care and who has a service-connected disability rated at 
70 percent or more.
    ``(b)(1) The Secretary shall ensure that a veteran described in 
subsection (a) who continues to need nursing home care is not, after 
placement in a Department nursing home, transferred from the facility 
without the consent of the veteran, or, in the event the veteran cannot 
provide informed consent, the representative of the veteran.
    ``(2) Nothing in subsection (a) may be construed as authorizing or 
requiring that a veteran who is receiving nursing home care in a 
Department nursing home on the date of the enactment of this section be 
displaced, transferred, or discharged from the facility.
    ``(c) <<NOTE: Termination date.>>  The provisions of subsection (a) 
shall terminate on December 31, 2003.''.

    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1710 the 
following new item:

``1710A. Required nursing home care.''.

    (b) Required Noninstitutional Extended Care Services.--Section 1701 
is amended by adding at the end the following new paragraph:
    ``(10)(A) During the period beginning on the date of the enactment 
of the Veterans Millennium Health Care and Benefits Act and ending on 
December 31, 2003, the term `medical services' includes noninstitutional 
extended care services.
    ``(B) For the purposes of subparagraph (A), the term 
`noninstitutional extended care services' means such alternatives to 
institutional extended care which the Secretary may furnish (i) 
directly, (ii) by contract, or (iii) (through provision of case 
management) by another provider or payor.''.
    (c) Program of Extended Care Services.--(1) Chapter 17 is amended by 
inserting after section 1710A, as added by subsection (a), the following 
new section:

``Sec. 1710B. Extended care services

    ``(a) The Secretary (subject to section 1710(a)(4) of this title and 
subsection (c) of this section) shall operate and maintain a program to 
provide extended care services to eligible veterans in accordance with 
this section. Such services shall include the following:
            ``(1) Geriatric evaluation.
            ``(2) Nursing home care (A) in facilities operated by the 
        Secretary, and (B) in community-based facilities through 
        contracts under section 1720 of this title.
            ``(3) Domiciliary services under section 1710(b) of this 
        title.
            ``(4) Adult day health care under section 1720(f ) of this 
        title.
            ``(5) Such other noninstitutional alternatives to nursing 
        home care as the Secretary may furnish as medical services under 
        section 1701(10) of this title.
            ``(6) Respite care under section 1720B of this title.

    ``(b) The Secretary shall ensure that the staffing and level of 
extended care services provided by the Secretary nationally in 
facilities of the Department during any fiscal year is not less than

[[Page 113 STAT. 1549]]

the staffing and level of such services provided nationally in 
facilities of the Department during fiscal year 1998.
    ``(c)(1) Except as provided in paragraph (2), the Secretary may not 
furnish extended care services for a non-service-connected disability 
other than in the case of a veteran who has a compensable service-
connected disability unless the veteran agrees to pay to the United 
States a copayment (determined in accordance with subsection (d)) for 
any period of such services in a year after the first 21 days of such 
services provided that veteran in that year.
    ``(2) Paragraph (1) shall not apply--
            ``(A) to a veteran whose annual income (determined under 
        section 1503 of this title) is less than the amount in effect 
        under section 1521(b) of this title; or
            ``(B) with respect to an episode of extended care services 
        that a veteran is being furnished by the Department on the date 
        of the enactment of the Veterans Millennium Health Care and 
        Benefits Act.

    ``(d)(1) A veteran who is furnished extended care services under 
this chapter and who is required under subsection (c) to pay an amount 
to the United States in order to be furnished such services shall be 
liable to the United States for that amount.
    ``(2) In implementing subsection (c), the Secretary shall develop a 
methodology for establishing the amount of the copayment for which a 
veteran described in subsection (c) is liable. That methodology shall 
provide for--
            ``(A) establishing a maximum monthly copayment (based on all 
        income and assets of the veteran and the spouse of such 
        veteran);
            ``(B) protecting the spouse of a veteran from financial 
        hardship by not counting all of the income and assets of the 
        veteran and spouse (in the case of a spouse who resides in the 
        community) as available for determining the copayment 
        obligation; and
            ``(C) allowing the veteran to retain a monthly personal 
        allowance.

    ``(e)(1) There is established in the Treasury of the United States a 
revolving fund known as the Department of Veterans Affairs Extended Care 
Fund (hereafter in this section referred to as the `fund'). Amounts in 
the fund shall be available, without fiscal year limitation and without 
further appropriation, exclusively for the purpose of providing extended 
care services under subsection (a).
    ``(2) All amounts received by the Department under this section 
shall be deposited in or credited to the fund.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1710A, as added 
by subsection (a)(2), the following new item:

``1710B. Extended care services.''.

    (d) Adult Day Health Care.--Section 1720(f )(1)(A) is amended to 
read as follows:
    ``(f )(1)(A) The Secretary may furnish adult day health care 
services to a veteran enrolled under section 1705(a) of this title who 
would otherwise require nursing home care.''.
    (e) Respite Care Program.--Section 1720B is amended--
            (1) in subsection (a), by striking ``eligible'' and 
        inserting ``enrolled'';

[[Page 113 STAT. 1550]]

            (2) in subsection (b)--
                    (A) by striking ``the term `respite care' means 
                hospital or nursing home care'' and inserting ``the term 
                `respite care services' means care and services'';
                    (B) by striking ``is'' at the beginning of each of 
                paragraphs (1), (2), and (3) and inserting ``are''; and
                    (C) by striking ``in a Department facility'' in 
                paragraph (2); and
            (3) by adding at the end the following new subsection:

    ``(c) In furnishing respite care services, the Secretary may enter 
into contract arrangements.''.
    (f ) Conforming Amendments.--Section 1710(a) is amended--
            (1) in paragraph (1), by striking ``, and may furnish 
        nursing home care,'';
            (2) in paragraph (2)(A), by inserting ``or, with respect to 
        nursing home care during any period during which the provisions 
        of section 1710A(a) of this title are in effect, a compensable 
        service-connected disability rated less than 70 percent'' after 
        ``50 percent'';
            (3) in paragraph (4), by inserting ``, and the requirement 
        in section 1710B of this title that the Secretary provide a 
        program of extended care services,'' after ``medical services''; 
        and
            (4) by adding at the end the following new paragraph:

    ``(5) During any period during which the provisions of section 
1710A(a) of this title are not in effect, the Secretary may furnish 
nursing home care which the Secretary determines is needed to any 
veteran described in paragraph (1), with the priority for such care on 
the same basis as if provided under that paragraph.''.
    (g) State Homes.--Section 1741(a)(2) is amended by striking ``adult 
day health care in a State home'' and inserting ``extended care services 
described in any of paragraphs (4) through (6) of section 1710B(a) of 
this title under a program administered by a State home''.
    (h) <<NOTE: 38 USC 1710B note.>>  Effective Date.--(1) Except as 
provided in paragraph (2), the amendments made by this section shall 
take effect on the date of the enactment of this Act.

    (2) Subsection (c) of section 1710B of title 38, United States Code 
(as added by subsection (b)), shall take effect on the effective date of 
regulations prescribed by the Secretary of Veterans Affairs under 
subsections (c) and (d) of such section. <<NOTE: Federal Register, 
publication.>>  The Secretary shall publish the effective date of such 
regulations in the Federal Register.

    (3) The provisions of section 1710(f ) of title 38, United States 
Code, shall not apply to any day of nursing home care on or after the 
effective date of regulations under paragraph (2).
    (i) <<NOTE: Deadline. 38 USC 1710A note.>>  Report.--Not later than 
January 1, 2003, the Secretary shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report on 
the operation of this section (including the amendments made by this 
section). The Secretary shall include in the report--
            (1) the Secretary's assessment of the experience of the 
        Department under the provisions of this section;
            (2) the costs incurred by the Department under the 
        provisions of this section and a comparison of those costs with 
        the Secretary's estimate of the costs that would have been

[[Page 113 STAT. 1551]]

        incurred by the Secretary for extended care services if this 
        section had not been enacted; and
            (3) the Secretary's recommendations, with respect to the 
        provisions of section 1710A(a) of title 38, United States Code, 
        as added by subsection (a), and with respect to the provisions 
        of section 1701(10) of such title, as added by subsection (b), 
        as to--
                    (A) whether those provisions should be extended or 
                made permanent; and
                    (B) what modifications, if any, should be made to 
                those provisions.

SEC. 102. <<NOTE: 38 USC 1710B note.>>  PILOT PROGRAMS RELATING TO LONG-
            TERM CARE.

    (a) Pilot Programs.--The Secretary shall carry out three pilot 
programs for the purpose of determining the effectiveness of different 
models of all-inclusive care-delivery in reducing the use of hospital 
and nursing home care by frail, elderly veterans.
    (b) Locations of Pilot Programs.--In selecting locations in which 
the pilot programs will be carried out, the Secretary may not select 
more than one location in any given health care region of the Veterans 
Health Administration.
    (c) Scope of Services Under Pilot Programs.--Each of the pilot 
programs under this section shall be designed to provide participating 
veterans with integrated, comprehensive services which include the 
following:
            (1) Adult-day health care services on an eight-hour per day, 
        five-day per week basis.
            (2) Medical services (including primary care, preventive 
        services, and nursing home care, as needed).
            (3) Coordination of needed services.
            (4) Transportation services.
            (5) Home care services.
            (6) Respite care.

    (d) Program Requirements.--In carrying out the pilot programs under 
this section, the Secretary shall--
            (1) employ the use of interdisciplinary care-management 
        teams to provide the required array of services;
            (2) determine the appropriate number of patients to be 
        enrolled in each program and the criteria for enrollment; and
            (3) ensure that funding for each program is based on the 
        complex care category under the resource allocation system 
        (known as the Veterans Equitable Resource Allocation system) 
        established pursuant to section 429 of Public Law 104-204 (110 
        Stat. 2929).

    (e) Design of Pilot Programs.--To the maximum extent feasible, the 
Secretary shall use the following three models in designing the three 
pilot programs under this section:
            (1) Under one of the pilot programs, the Secretary shall 
        provide services directly through facilities and personnel of 
        the Department.
            (2) Under one of the pilot programs, the Secretary shall 
        provide services through a combination of--
                    (A) services provided under contract with 
                appropriate public and private entities; and
                    (B) services provided through facilities and 
                personnel of the Department.

[[Page 113 STAT. 1552]]

            (3) Under one of the pilot programs, the Secretary shall 
        arrange for the provision of services through a combination of--
                    (A) services provided through cooperative 
                arrangements with appropriate public and private 
                entities; and
                    (B) services provided through facilities and 
                personnel of the Department.

    (f ) In-Kind Assistance.--In providing for the furnishing of 
services under a contract in carrying out the pilot program described in 
subsection (e)(2), the Secretary may, subject to reimbursement, provide 
in-kind assistance (through the services of Department employees and the 
sharing of other Department resources) to a facility furnishing care to 
veterans. Such reimbursement may be made by reduction in the charges to 
the Secretary under such contract.
    (g) Limitation.--In providing for the furnishing of services in 
carrying out a pilot program described in subsection (e)(2) or (e)(3), 
the Secretary shall make payment for services only to the extent that 
payment for such services is not otherwise covered (notwithstanding any 
provision of title XVIII or XIX of the Social Security Act) by another 
government or nongovernment entity or program.
    (h) Duration of Programs.--The authority of the Secretary to provide 
services under a pilot program under this section shall cease on the 
date that is three years after the date of the commencement of that 
pilot program.
    (i) <<NOTE: Deadline.>>  Report.--(1) Not later than nine months 
after the completion of all of the pilot programs under this section, 
the Secretary shall submit to the Committees on Veterans' Affairs of the 
Senate and the House of Representatives a report on those programs.

    (2) The report shall include the following:
            (A) A description of the implementation and operation of 
        each such program.
            (B) An analysis comparing use of institutional care and use 
        of other services among enrollees in each of the pilot programs 
        with the experience of comparable patients who are not enrolled 
        in one of the pilot programs.
            (C) An assessment of the satisfaction of participating 
        veterans with each of those programs.
            (D) An assessment of the health status of participating 
        veterans in each of those programs and of the ability of those 
        veterans to function independently.
            (E) An analysis of the costs and benefits under each of 
        those programs.

SEC. <<NOTE: 38 USC 1710B note.>>  103. PILOT PROGRAM RELATING TO 
            ASSISTED LIVING.

    (a) Program Authority.--The Secretary may carry out a pilot program 
for the purpose of determining the feasibility and practicability of 
enabling eligible veterans to secure needed assisted living services as 
an alternative to nursing home care.
    (b) Location of Pilot Program.--The pilot program shall be carried 
out in a designated health care region of the Department selected by the 
Secretary for purposes of this section.
    (c) Scope of Program.--In carrying out the pilot program, the 
Secretary may enter into contracts with appropriate facilities for the 
provision for a period of up to six months of assisted

[[Page 113 STAT. 1553]]

living services on behalf of eligible veterans in the region where the 
program is carried out.
    (d) Eligible Veterans.--A veteran is an eligible veteran for 
purposes of this section if the veteran--
            (1) is eligible for placement assistance by the Secretary 
        under section 1730(a) of title 38, United States Code;
            (2) is unable to manage routine activities of daily living 
        without supervision and assistance; and
            (3) could reasonably be expected to receive ongoing services 
        after the end of the contract period under another government 
        program or through other means.

    (e) <<NOTE: Deadline.>>  Report.--(1) Not later than 90 days before 
the end of the pilot program under this section, the Secretary shall 
submit to the Committees on Veterans' Affairs of the Senate and the 
House of Representatives a report on the program.

    (2) The report under paragraph (1) shall include the following:
            (A) A description of the implementation and operation of the 
        program.
            (B) An analysis comparing use of institutional care among 
        participants in the program with the experience of comparable 
        patients who are not enrolled in the program.
            (C) A comparison of assisted living services provided by the 
        Department through the pilot program with domiciliary care 
        provided by the Department.
            (D) The Secretary's recommendations, if any, regarding an 
        extension of the program.

    (f ) Duration.--The authority of the Secretary to provide services 
under the pilot program shall cease on the date that is three years 
after the date of the commencement of the pilot program.
    (g) Definition.--For purposes of this section, the term ``assisted 
living services'' means services in a facility that provides room and 
board and personal care for and supervision of residents as necessary 
for the health, safety, and welfare of residents.
    (h) Standards.--The Secretary may not enter into a contract with a 
facility under this section unless the facility meets the standards 
established in regulations prescribed under section 1730 of title 38, 
United States Code.

                Subtitle B--Other Access to Care Matters

SEC. 111. REIMBURSEMENT FOR EMERGENCY TREATMENT IN NON-DEPARTMENT OF 
            VETERANS AFFAIRS FACILITIES.

    (a) Authority To Provide Reimbursement.--Chapter 17 is amended by 
inserting after section 1724 the following new section:

``Sec. 1725. Reimbursement for emergency treatment

    ``(a) General Authority.--(1) Subject to subsections (c) and (d), 
the Secretary may reimburse a veteran described in subsection (b) for 
the reasonable value of emergency treatment furnished the veteran in a 
non-Department facility.
    ``(2) In any case in which reimbursement is authorized under 
subsection (a)(1), the Secretary, in the Secretary's discretion, may, in 
lieu of reimbursing the veteran, make payment of the reasonable value of 
the furnished emergency treatment directly--
            ``(A) to a hospital or other health care provider that 
        furnished the treatment; or

[[Page 113 STAT. 1554]]

            ``(B) to the person or organization that paid for such 
        treatment on behalf of the veteran.

    ``(b) Eligibility.--(1) A veteran referred to in subsection (a)(1) 
is an individual who is an active Department health-care participant who 
is personally liable for emergency treatment furnished the veteran in a 
non-Department facility.
    ``(2) A veteran is an active Department health-care participant if--
            ``(A) the veteran is enrolled in the health care system 
        established under section 1705(a) of this title; and
            ``(B) the veteran received care under this chapter within 
        the 24-month period preceding the furnishing of such emergency 
        treatment.

    ``(3) A veteran is personally liable for emergency treatment 
furnished the veteran in a non-Department facility if the veteran--
            ``(A) is financially liable to the provider of emergency 
        treatment for that treatment;
            ``(B) has no entitlement to care or services under a health-
        plan contract (determined, in the case of a health-plan contract 
        as defined in subsection (f )(2)(B) or (f )(2)(C), without 
        regard to any requirement or limitation relating to eligibility 
        for care or services from any department or agency of the United 
        States);
            ``(C) has no other contractual or legal recourse against a 
        third party that would, in whole or in part, extinguish such 
        liability to the provider; and
            ``(D) is not eligible for reimbursement for medical care or 
        services under section 1728 of this title.

    ``(c) <<NOTE: Regulations.>>  Limitations on Reimbursement.--(1) The 
Secretary, in accordance with regulations prescribed by the Secretary, 
shall--
            ``(A) establish the maximum amount payable under subsection 
        (a);
            ``(B) delineate the circumstances under which such payments 
        may be made, to include such requirements on requesting 
        reimbursement as the Secretary shall establish; and
            ``(C) provide that in no event may a payment under that 
        subsection include any amount for which the veteran is not 
        personally liable.

    ``(2) Subject to paragraph (1), the Secretary may provide 
reimbursement under this section only after the veteran or the provider 
of emergency treatment has exhausted without success all claims and 
remedies reasonably available to the veteran or provider against a third 
party for payment of such treatment.
    ``(3) Payment by the Secretary under this section on behalf of a 
veteran to a provider of emergency treatment shall, unless rejected and 
refunded by the provider within 30 days of receipt, extinguish any 
liability on the part of the veteran for that treatment. Neither the 
absence of a contract or agreement between the Secretary and the 
provider nor any provision of a contract, agreement, or assignment to 
the contrary shall operate to modify, limit, or negate the requirement 
in the preceding sentence.
    ``(d) <<NOTE: Regulations.>>  Independent Right of Recovery.--(1) In 
accordance with regulations prescribed by the Secretary, the United 
States shall have the independent right to recover any amount paid under 
this section when, and to the extent that, a third party subsequently 
makes a payment for the same emergency treatment.

[[Page 113 STAT. 1555]]

    ``(2) Any amount paid by the United States to the veteran (or the 
veteran's personal representative, successor, dependents, or survivors) 
or to any other person or organization paying for such treatment shall 
constitute a lien in favor of the United States against any recovery the 
payee subsequently receives from a third party for the same treatment.
    ``(3) Any amount paid by the United States to the provider that 
furnished the veteran's emergency treatment shall constitute a lien 
against any subsequent amount the provider receives from a third party 
for the same emergency treatment for which the United States made 
payment.
    ``(4) The veteran (or the veteran's personal representative, 
successor, dependents, or survivors) shall ensure that the Secretary is 
promptly notified of any payment received from any third party for 
emergency treatment furnished to the veteran. The veteran (or the 
veteran's personal representative, successor, dependents, or survivors) 
shall immediately forward all documents relating to such payment, 
cooperate with the Secretary in the investigation of such payment, and 
assist the Secretary in enforcing the United States right to recover any 
payment made under subsection (c)(3).
    ``(e) <<NOTE: Regulations.>>  Waiver.--The Secretary, in the 
Secretary's discretion, may waive recovery of a payment made to a 
veteran under this section that is otherwise required by subsection 
(d)(1) when the Secretary determines that such waiver would be in the 
best interest of the United States, as defined by regulations prescribed 
by the Secretary.

    ``(f ) Definitions.--For purposes of this section:
            ``(1) The term `emergency treatment' means medical care or 
        services furnished, in the judgment of the Secretary--
                    ``(A) when Department or other Federal facilities 
                are not feasibly available and an attempt to use them 
                beforehand would not be reasonable;
                    ``(B) when such care or services are rendered in a 
                medical emergency of such nature that a prudent 
                layperson reasonably expects that delay in seeking 
                immediate medical attention would be hazardous to life 
                or health; and
                    ``(C) until such time as the veteran can be 
                transferred safely to a Department facility or other 
                Federal facility.
            ``(2) The term `health-plan contract' includes any of the 
        following:
                    ``(A) An insurance policy or contract, medical or 
                hospital service agreement, membership or subscription 
                contract, or similar arrangement under which health 
                services for individuals are provided or the expenses of 
                such services are paid.
                    ``(B) An insurance program described in section 1811 
                of the Social Security Act (42 U.S.C. 1395c) or 
                established by section 1831 of that Act (42 U.S.C. 
                1395j).
                    ``(C) A State plan for medical assistance approved 
                under title XIX of such Act (42 U.S.C. 1396 et seq.).
                    ``(D) A workers' compensation law or plan described 
                in section 1729(a)(2)(A) of this title.
                    ``(E) A law of a State or political subdivision 
                described in section 1729(a)(2)(B) of this title.
            ``(3) The term `third party' means any of the following:
                    ``(A) A Federal entity.
                    ``(B) A State or political subdivision of a State.
                    ``(C) An employer or an employer's insurance 
                carrier.

[[Page 113 STAT. 1556]]

                    ``(D) An automobile accident reparations insurance 
                carrier.
                    ``(E) A person or entity obligated to provide, or to 
                pay the expenses of, health services under a health-plan 
                contract.''.

    (b) Conforming Amendments.--(1) Section 1729A(b) is amended--
            (A) by redesignating paragraphs (5) and (6) as paragraphs 
        (6) and (7), respectively; and
            (B) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Section 1725 of this title.''.

    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1724 the 
following new item:

``1725. Reimbursement for emergency treatment.''.

    (c) <<NOTE: 38 USC 1725 note.>>  Effective Date.--The amendments 
made by this section shall take effect 180 days after the date of the 
enactment of this Act.

    (d) <<NOTE: 38 USC 1725 note.>>  Implementation Reports.--The 
Secretary shall include with the budget justification materials 
submitted to Congress in support of the Department of Veterans Affairs 
budget for fiscal year 2002 and for fiscal year 2003 a report on the 
implementation of section 1725 of title 38, United States Code, as added 
by subsection (a). Each such report shall include information on the 
experience of the Department under that section and the costs incurred, 
and expected to be incurred, under that section.

SEC. 112. ELIGIBILITY FOR CARE OF COMBAT-INJURED VETERANS.

    Chapter 17 is amended--
            (1) in section 1710(a)(2)(D), by inserting ``or who was 
        awarded the Purple Heart'' after ``former prisoner of war''; and
            (2) in section 1705(a)(3), by inserting ``or who were 
        awarded the Purple Heart'' after ``former prisoners of war''.

SEC. 113. <<NOTE: 38 USC 8111 note.>>  ACCESS TO CARE FOR TRICARE-
            ELIGIBLE MILITARY RETIREES.

    (a) Interagency Agreement.--(1) The Secretary of Defense shall enter 
into an agreement (characterized as a memorandum of understanding or 
otherwise) with the Secretary of Veterans Affairs with respect to the 
provision of medical care by the Secretary of Veterans Affairs to 
eligible military retirees in accordance with the provisions of 
subsection (c). That agreement shall include provisions for 
reimbursement of the Secretary of Veterans Affairs by the Secretary of 
Defense for medical care provided by the Secretary of Veterans Affairs 
to an eligible military retiree and may include such other provisions 
with respect to the terms and conditions of such care as may be agreed 
upon by the two Secretaries.
    (2) Reimbursement under the agreement under paragraph (1) shall be 
in accordance with rates agreed upon by the Secretary of Defense and the 
Secretary of Veterans Affairs. Such reimbursement may be made by the 
Secretary of Defense or by the appropriate TRICARE Managed Care Support 
contractor, as determined in accordance with that agreement.
    (3) In entering into the agreement under paragraph (1), particularly 
with respect to determination of the rates of reimbursement

[[Page 113 STAT. 1557]]

under paragraph (2), the Secretary of Defense shall consult with TRICARE 
Managed Care Support contractors.
    (4) The Secretary of Veterans Affairs may not enter into an 
agreement under paragraph (1) for the provision of care in accordance 
with the provisions of subsection (c) with respect to any geographic 
service area, or a part of any such area, of the Veterans Health 
Administration unless--
            (A) in the judgment of that Secretary, the Department of 
        Veterans Affairs will recover the costs of providing such care 
        to eligible military retirees; and
            (B) <<NOTE: Certification.>>  that Secretary has certified 
        and documented, with respect to any geographic service area in 
        which the Secretary proposes to provide care in accordance with 
        the provisions of subsection (c), that such geographic service 
        area, or designated part of any such area, has adequate capacity 
        (consistent with the requirements in section 1705(b)(1) of title 
        38, United States Code, that care to enrollees shall be timely 
        and acceptable in quality) to provide such care.

    (5) <<NOTE: Deadlines.>>  The agreement under paragraph (1) shall be 
entered into by the Secretaries not later than nine months after the 
date of the enactment of this Act. <<NOTE: Reports.>>  If the 
Secretaries are unable to reach agreement, they shall jointly report, by 
that date or within 30 days thereafter, to the Committees on Armed 
Services and the Committees on Veterans' Affairs of the Senate and House 
of Representatives on the reasons for their inability to reach an 
agreement and their mutually agreed plan for removing any impediments to 
final agreement.

    (b) Depositing of Reimbursements.--Amounts received by the Secretary 
of Veterans Affairs under the agreement under subsection (a) shall be 
deposited in the Department of Veterans Affairs Health Services 
Improvement Fund established under section 1729B of title 38, United 
States Code, as added by section 202.
    (c) Copayment Requirement.--The provisions of subsections (f )(1) 
and (g)(1) of section 1710 of title 38, United States Code, shall not 
apply in the case of an eligible military retiree who is covered by the 
agreement under subsection (a).
    (d) <<NOTE: Contracts.>>  Phased Implementation.--(1) The Secretary 
of Defense shall include in each TRICARE contract entered into after the 
date of the enactment of this Act provisions to implement the agreement 
under subsection (a).

    (2) <<NOTE: Applicability.>>  The provisions of the agreement under 
subsection (a)(2) and the provisions of subsection (c) shall apply to 
the furnishing of medical care by the Secretary of Veterans Affairs in 
any area of the United States only if that area is covered by a TRICARE 
contract that was entered into after the date of the enactment of this 
Act.

    (e) Eligible Military Retirees.--For purposes of this section, an 
eligible military retiree is a member of the Army, Navy, Air Force, or 
Marine Corps who--
            (1) has retired from active military, naval, or air service;
            (2) is eligible for care under the TRICARE program 
        established by the Secretary of Defense;
            (3) has enrolled for care under section 1705 of title 38, 
        United States Code; and
            (4) is not described in paragraph (1) or (2) of section 
        1710(a) of such title.

[[Page 113 STAT. 1558]]

SEC. 114. TREATMENT AND SERVICES FOR DRUG OR ALCOHOL DEPENDENCY.

    (a) Authority To Provide Treatment and Services for Members on 
Active Duty.--Section 1720A(c) is amended in the first sentence of 
paragraph (1)--
            (1) by striking ``may not be transferred'' and inserting 
        ``may be transferred''; and
            (2) by striking ``unless such transfer is during the last 
        thirty days of such member's enlistment or tour of duty''.

    (b) Conforming Amendment.--The first sentence of paragraph (2) of 
that section is amended by striking ``during the last thirty days of 
such person's enlistment period or tour of duty''.

SEC. 115. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED 
            SEXUAL TRAUMA.

    (a) Extension of Period of Program.--Subsection (a) of section 1720D 
is amended--
            (1) in paragraph (1), by striking ``December 31, 2001'' and 
        inserting ``December 31, 2004''; and
            (2) in paragraph (3), by striking ``December 31, 2001'' and 
        inserting ``December 31, 2004''.

    (b) Mandatory Nature of Program.--(1) Subsection (a)(1) of such 
section is further amended by striking ``may provide counseling to a 
veteran who the Secretary determines requires such counseling'' and 
inserting ``shall operate a program under which the Secretary provides 
counseling and appropriate care and services to veterans who the 
Secretary determines require such counseling and care and services''.
    (2) Subsection (a) of such section is further amended--
            (A) by striking paragraph (2); and
            (B) by redesignating paragraph (3) (as amended by subsection 
        (a)(2)) as paragraph (2).

    (c) Outreach Efforts.--Subsection (c) of such section is amended--
            (1) by inserting ``and treatment'' in the first sentence and 
        in paragraph (2) after ``counseling'';
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by redesignating paragraph (2) as paragraph (3); and
            (4) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) shall ensure that information about the counseling and 
        treatment available to veterans under this section--
                    ``(A) is revised and updated as appropriate;
                    ``(B) is made available and visibly posted at 
                appropriate facilities of the Department; and
                    ``(C) is made available through appropriate public 
                information services; and''.

    (d) <<NOTE: Deadline.>>  Report on Implementation of Outreach 
Activities.--Not later than six 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 House of 
Representatives a report on the Secretary's implementation of paragraph 
(2) of section 1720D(c) of title 38, United States Code, as added by 
subsection (c). Such report shall include examples of the documents and 
other means of communication developed for compliance with that 
paragraph.

[[Page 113 STAT. 1559]]

    (e) Study <<NOTE: 38 USC 1720D note.>> of Expanding Eligibility for 
Counseling and Treatment.--(1) The Secretary of Veterans Affairs, in 
consultation with the Secretary of Defense, shall conduct a study to 
determine--
            (A) the extent to which former members of the reserve 
        components of the Armed Forces experienced physical assault of a 
        sexual nature or battery of a sexual nature while serving on 
        active duty for training;
            (B) the extent to which such former members have sought 
        counseling from the Department of Veterans Affairs relating to 
        those incidents; and
            (C) the additional resources that, in the judgment of the 
        Secretary, would be required to meet the projected need of those 
        former members for such counseling.

    (2) <<NOTE: Deadline. Reports.>>  Not later than 16 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 
House of Representatives a report on the results of the study conducted 
under paragraph (1).

    (f ) <<NOTE: Deadlines. Reports. 38 USC 1720D note.>>  Oversight of 
Outreach Activities.--Not later than 14 months after the date of the 
enactment of this Act, the Secretary of Veterans Affairs and the 
Secretary of Defense shall submit to the appropriate congressional 
committees a joint report describing in detail the collaborative efforts 
of the Department of Veterans Affairs and the Department of Defense to 
ensure that members of the Armed Forces, upon separation from active 
military, naval, or air service, are provided appropriate and current 
information about programs of the Department of Veterans Affairs to 
provide counseling and treatment for sexual trauma that may have been 
experienced by those members while in the active military, naval, or air 
service, including information about eligibility requirements for, and 
procedures for applying for, such counseling and treatment. The report 
shall include proposed recommendations from both the Secretary of 
Veterans Affairs and the Secretary of Defense for the improvement of 
their collaborative efforts to provide such information.

    (g) <<NOTE: Deadline.>>  Report on Implementation of Sexual Trauma 
Treatment Program.--Not later than 14 months after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report on 
the use made of the authority provided under section 1720D of title 38, 
United States Code, as amended by this section. The report shall include 
the following with respect to activities under that section since the 
enactment of this Act:
            (1) The number of veterans who have received counseling 
        under that section.
            (2) The number of veterans who have been referred to non-
        Department mental health facilities and providers in connection 
        with sexual trauma counseling and treatment.

SEC. <<NOTE: 38 USC 1712A note.>>  116. SPECIALIZED MENTAL HEALTH 
            SERVICES.

    (a) Improvement to Specialized Mental Health Services.--The 
Secretary, in furtherance of the responsibilities of the Secretary under 
section 1706(b) of title 38, United States Code, shall carry out a 
program to expand and improve the provision of specialized mental health 
services to veterans. The Secretary shall establish the program in 
consultation with the Committee on Care of Severely

[[Page 113 STAT. 1560]]

Chronically Mentally Ill Veterans established pursuant to section 7321 
of title 38, United States Code.
    (b) Covered Programs.--For purposes of this section, the term 
``specialized mental health services'' includes programs relating to--
            (1) the treatment of post-traumatic stress disorder; and
            (2) substance use disorders.

    (c) Funding.--(1) In carrying out the program described in 
subsection (a), the Secretary shall identify, from funds available to 
the Department for medical care, an amount of not less than $15,000,000 
to be available to carry out the program and to be allocated to 
facilities of the Department pursuant to subsection (d).
    (2) In identifying available amounts pursuant to paragraph (1), the 
Secretary shall ensure that, after the allocation of those funds under 
subsection (d), the total expenditure for programs relating to (A) the 
treatment of post-traumatic stress disorder, and (B) substance use 
disorders is not less than $15,000,000 in excess of the baseline amount.
    (3) For purposes of paragraph (2), the baseline amount is the amount 
of the total expenditures on such programs for the most recent fiscal 
year for which final expenditure amounts are known, adjusted to reflect 
any subsequent increase in applicable costs to deliver such services in 
the Veterans Health Administration, as determined by the Committee on 
Care of Severely Chronically Mentally Ill Veterans.
    (d) Allocation of Funds to Department Facilities.--The Secretary 
shall allocate funds identified pursuant to subsection (c)(1) to 
individual medical facilities of the Department as the Secretary 
determines appropriate based upon proposals submitted by those 
facilities for the use of those funds for improvements to specialized 
mental health services.
    (e) <<NOTE: Deadline.>>  Report.--Not later than 12 months after the 
date of the enactment of this Act, the Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report describing the implementation of this section. 
The Secretary shall include in the report information on the allocation 
of funds to facilities of the Department under the program and a 
description of the improvements made with those funds to specialized 
mental health services for veterans.

                TITLE II--MEDICAL PROGRAM ADMINISTRATION

SEC. 201. MEDICAL CARE COLLECTIONS.

    (a) Limited Authority To Set Copayments.--Section 1722A is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) <<NOTE: Regulations.>>  The Secretary, pursuant to regulations 
which the Secretary shall prescribe, may--
            ``(1) increase the copayment amount in effect under 
        subsection (a); and

[[Page 113 STAT. 1561]]

            ``(2) establish a maximum monthly and a maximum annual 
        pharmaceutical copayment amount under subsection (a) for 
        veterans who have multiple outpatient prescriptions.''; and
            (3) in subsection (c), as redesignated by paragraph (1)--
                    (A) by striking ``this section'' and inserting 
                ``subsection (a)''; and
                    (B) by adding at the end the following new sentence: 
                ``Amounts collected through use of the authority under 
                subsection (b) shall be deposited in the Department of 
                Veterans Affairs Health Services Improvement Fund.''.

    (b) Outpatient Treatment.--Section 1710(g) is amended--
            (1) in paragraph (1), by striking ``the amount determined 
        under paragraph (2) of this subsection'' and inserting ``in the 
        case of each outpatient visit the applicable amount or amounts 
        established by the Secretary by regulation''; and
            (2) in paragraph (2), by striking all after ``for an 
        amount'' and inserting ``which the Secretary shall establish by 
        regulation.''.

SEC. 202. HEALTH SERVICES IMPROVEMENT FUND.

    (a) Establishment of Fund.--Chapter 17 is amended by inserting after 
section 1729A the following new section:

``Sec. 1729B. Health Services Improvement Fund

    ``(a) There is established in the Treasury of the United States a 
fund to be known as the Department of Veterans Affairs Health Services 
Improvement Fund.
    ``(b) Amounts received or collected after the date of the enactment 
of this section under any of the following provisions of law shall be 
deposited in the fund:
            ``(1) Section 1713A of this title.
            ``(2) Section 1722A(b) of this title.
            ``(3) Section 8165(a) of this title.
            ``(4) Section 113 of the Veterans Millennium Health Care and 
        Benefits Act.

    ``(c) Amounts in the fund are hereby available, without fiscal year 
limitation, to the Secretary for the purposes stated in subparagraphs 
(A) and (B) of section 1729A(c)(1) of this title.
    ``(d) The Secretary shall allocate amounts in the fund in the same 
manner as applies under subsection (d) of section 1729A of this title 
with respect to amounts made available from the fund under that 
section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1729A the following new item:

``1729B. Health Services Improvement Fund.''.

SEC. 203. ALLOCATION TO HEALTH CARE FACILITIES OF AMOUNTS MADE AVAILABLE 
            FROM 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

[[Page 113 STAT. 1562]]

            (5) by striking paragraph (2).

SEC. 204. AUTHORITY TO ACCEPT FUNDS FOR EDUCATION AND TRAINING.

    (a) Establishment of Nonprofit Corporations at Medical Centers.--
Section 7361(a) is amended--
            (1) by inserting ``and education'' after ``research''; and
            (2) by adding at the end the following: ``Such a corporation 
        may be established to facilitate either research or education or 
        both research and education.''.

    (b) Purpose of Corporations.--Section 7362 is amended--
            (1) in the first sentence--
                    (A) by inserting ``(a)'' before ``Any corporation''; 
                and
                    (B) by inserting ``and education and training as 
                described in sections 7302, 7471, 8154, and 1701(6)(B) 
                of this title'' after ``of this title'';
            (2) in the second sentence--
                    (A) by inserting ``or education'' after 
                ``research''; and
                    (B) by striking ``that purpose'' and inserting 
                ``these purposes''; and
            (3) by adding at the end the following new subsection:

    ``(b) For purposes of this section, the term `education and 
training' means the following:
            ``(1) In the case of employees of the Veterans Health 
        Administration, such term means work-related instruction or 
        other learning experiences to--
                    ``(A) improve performance of current duties;
                    ``(B) assist employees in maintaining or gaining 
                specialized proficiencies; and
                    ``(C) expand understanding of advances and changes 
                in patient care, technology, and health care 
                administration.
        Such term includes (in the case of such employees) education and 
        training conducted as part of a residency or other program 
        designed to prepare an individual for an occupation or 
        profession.
            ``(2) In the case of veterans under the care of the Veterans 
        Health Administration, such term means instruction or other 
        learning experiences related to improving and maintaining the 
        health of veterans to patients and to the families and guardians 
        of patients.''.

    (c) Board of Directors.--Section 7363(a) is amended--
            (1) in subsection (a)(1), by striking all after ``medical 
        center, and'' and inserting ``as appropriate, the assistant 
        chief of staff for research for the medical center and the 
        assistant chief of staff for education for the medical center, 
        or, in the case of a facility at which such positions do not 
        exist, those officials who are responsible for carrying out the 
        responsibilities of the medical center director, chief of staff, 
        and, as appropriate, the assistant chief of staff for research 
        and the assistant chief of staff for education; and'';
            (2) in subsection (a)(2), by inserting ``or education, as 
        appropriate'' after ``research''; and
            (3) in subsection (c), by inserting ``or education'' after 
        ``research''.

    (d) Approval of Expenditures.--Section 7364 is amended by adding at 
the end the following new subsection:

[[Page 113 STAT. 1563]]

    ``(c)(1) A corporation established under this subchapter may not 
spend funds for an education activity unless the activity is approved in 
accordance with procedures prescribed by the Under Secretary for Health.
    ``(2) <<NOTE: Regulations.>>  The Under Secretary for Health shall 
prescribe policies and procedures to guide the expenditure of funds by 
corporations under paragraph (1) consistent with the purpose of such 
corporations as flexible funding mechanisms.''.

    (e) Accountability and Oversight.--Section 7366(d) is amended--
            (1) in paragraph (2)(B), by inserting ``for research and the 
        amount received from governmental entities for education'' after 
        ``entities'';
            (2) in paragraph (2)(C), by inserting ``for research and the 
        amount received from all other sources for education'' after 
        ``sources'';
            (3) in paragraph (2)(D), by striking ``the'' and inserting 
        ``a'';
            (4) in paragraph (3)(A), by striking ``and'' and inserting 
        ``, the amount expended for salary for education staff, and the 
        amount expended'';
            (5) in paragraph (3)(B), by inserting ``and the amount 
        expended for direct support of education'' after ``research''; 
        and
            (6) by adding at the end the following new paragraph:
            ``(4) The amount expended by each corporation during the 
        year for travel conducted in conjunction with research and the 
        amount expended for travel in conjunction with education.''.

SEC. 205. EXTENSION OF CERTAIN AUTHORITIES.

    (a) Readjustment Counseling.--Section 1712A(a)(1)(B)(ii) is amended 
by striking ``January 1, 2000'' and inserting ``January 1, 2004''.
    (b) Newsletter on Medical Care for Persian Gulf Veterans.--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, 2003''.
    (c) <<NOTE: 38 USC 1117 note.>>  Evaluation of Health of Spouses and 
Children of Persian Gulf Veterans.--Section 107(b) of that Act is 
amended by striking ``December 31, 1999'' and inserting ``December 31, 
2003''.

SEC. 206. REESTABLISHMENT OF COMMITTEE ON POST-TRAUMATIC STRESS 
            DISORDER.

    Section 110 of the Veterans' Health Care Act of 1984 (38 U.S.C. 
1712A note) is amended--
            (1) by striking ``Chief Medical Director'' each place it 
        appears and inserting ``Under Secretary for Health'';
            (2) by striking ``Veterans' Administration'' each place it 
        appears (other than in subsection (a)(1)) and inserting 
        ``Department'';
            (3) by striking ``Veterans' Administration'' in subsection 
        (a)(1) and inserting ``Department of Veterans Affairs'';
            (4) by striking ``Department of Medicine and Surgery'' each 
        place it appears and inserting ``Veterans Health 
        Administration'';
            (5) by striking ``section 612A'' in subsection (a)(2) and 
        inserting ``section 1712A'';

[[Page 113 STAT. 1564]]

            (6) by striking ``Department'' in the second sentence of 
        subsection (b)(1) and inserting ``Veterans Health 
        Administration'';
            (7) by striking ``Department of Veterans' Benefits'' in 
        subsection (b)(4)(E) and inserting ``Veterans Benefits 
        Administration'';
            (8) in subsection (e)(1), by striking ``Not later than March 
        1, 1985, the Administrator'' and inserting ``Not later than 
        March 1, 2000, the Secretary''; and
            (9) in subsection (e)(2)--
                    (A) by striking ``Not later than February 1, 1986'' 
                and inserting ``Not later than February 1, 2001'';
                    (B) by striking ``Administrator'' and inserting 
                ``Secretary''; and
                    (C) by striking ``before the submission of such 
                report'' and inserting ``since the enactment of the 
                Veterans Millennium Health Care and Benefits Act''.

SEC. 207. STATE HOME GRANT PROGRAM.

    (a) General Regulations.--Section 8134 is amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by striking the matter in subsection (a) preceding 
        paragraph (2) and inserting the following:

    ``(a)(1) The Secretary shall prescribe regulations for the purposes 
of this subchapter.
    ``(2) In those regulations, the Secretary shall prescribe for each 
State the number of nursing home and domiciliary beds for which 
assistance under this subchapter may be furnished. Such regulations 
shall be based on projected demand for such care 10 years after the date 
of the enactment of the Veterans Millennium Health Care and Benefits Act 
by veterans who at such time are 65 years of age or older and who reside 
in that State. In determining such projected demand, the Secretary shall 
take into account travel distances for veterans and their families.
    ``(3)(A) In those regulations, the Secretary shall establish 
criteria under which the Secretary shall determine, with respect to an 
application for assistance under this subchapter for a project described 
in subparagraph (B) which is from a State that has a need for additional 
beds as determined under subsections (a)(2) and (d)(1), whether the need 
for such beds is most aptly characterized as great, significant, or 
limited. Such criteria shall take into account the availability of beds 
already operated by the Secretary and other providers which 
appropriately serve the needs which the State proposes to meet with its 
application.
    ``(B) <<NOTE: Applicability.>>  This paragraph applies to a project 
for the construction or acquisition of a new State home facility, a 
project to increase the number of beds available at a State home 
facility, and a project to replace beds at a State home facility.

    ``(4) The Secretary shall review and, as necessary, revise 
regulations prescribed under paragraphs (2) and (3) not less often than 
every four years.
    ``(b) The Secretary shall prescribe the following by regulation:'';
            (3) by redesignating paragraphs (2) and (3) of subsection 
        (b), as designated by paragraph (2), as paragraphs (1) and (2);

[[Page 113 STAT. 1565]]

            (4) in subsection (c), as redesignated by paragraph (1), by 
        striking ``subsection (a)(3)'' and inserting ``subsection 
        (b)(2)''; and
            (5) by adding at the end the following new subsection:

    ``(d)(1) In prescribing regulations to carry out this subchapter, 
the Secretary shall provide that in the case of a State that seeks 
assistance under this subchapter for a project described in subsection 
(a)(3)(B), the determination of the unmet need for beds for State homes 
in that State shall be reduced by the number of beds in all previous 
applications submitted by that State under this subchapter, including 
beds which have not been recognized by the Secretary under section 1741 
of this title.
    ``(2)(A) Financial assistance under this subchapter for a renovation 
project may only be provided for a project for which the total cost of 
construction is in excess of $400,000 (as adjusted from time-to-time in 
such regulations to reflect changes in costs of construction).
    ``(B) For purposes of this paragraph, a renovation project is a 
project to remodel or alter existing buildings for which financial 
assistance under this subchapter may be provided and does not include 
maintenance and repair work which is the responsibility of the State.''.
    (b) Applications With Respect to Projects.--Section 8135 is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``set forth--'' in the matter 
                preceding paragraph (1) and inserting ``set forth the 
                following:'';
                    (B) by capitalizing the first letter of the first 
                word in each of paragraphs (1) through (9);
                    (C) by striking the comma at the end of each of 
                paragraphs (1) through (7) and inserting a period; and
                    (D) by striking ``, and'' at the end of paragraph 
                (8) and inserting a period;
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (c), (d), (e), and (f ), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b)(1) Any State seeking to receive assistance under this 
subchapter for a project that would involve construction or acquisition 
of either nursing home or domiciliary facilities shall include with its 
application under subsection (a) the following:
            ``(A) Documentation (i) that the site for the project is in 
        reasonable proximity to a sufficient concentration and 
        population of veterans who are 65 years of age and older, and 
        (ii) that there is a reasonable basis to conclude that the 
        facilities when complete will be fully occupied.
            ``(B) A financial plan for the first three years of 
        operation of such facilities.
            ``(C) A five-year capital plan for the State home program 
        for that State.

    ``(2) Failure to provide adequate documentation under paragraph 
(1)(A) or to provide an adequate financial plan under paragraph (1)(B) 
shall be a basis for disapproving the application.''; and
            (4) in subsection (c), as redesignated by paragraph (2)--
                    (A) in paragraph (1), by striking ``for a grant 
                under subsection (a) of this section'' in the matter 
                preceding

[[Page 113 STAT. 1566]]

                subparagraph (A) and inserting ``under subsection (a) 
                for financial assistance under this subchapter'';
                    (B) in paragraph (2)--
                          (i) by striking ``the construction or 
                      acquisition of'' in subparagraph (A); and
                          (ii) by striking subparagraphs (B), (C), and 
                      (D) and inserting the following:
            ``(B) An application from a State for a project at an 
        existing facility to remedy a condition or conditions that have 
        been cited by an accrediting institution, by the Secretary, or 
        by a local licensing or approving body of the State as being 
        threatening to the lives or safety of the patients in the 
        facility.
            ``(C) An application from a State that has not previously 
        applied for award of a grant under this subchapter for 
        construction or acquisition of a State nursing home.
            ``(D) An application for construction or acquisition of a 
        nursing home or domiciliary from a State that the Secretary 
        determines, in accordance with regulations under this 
        subchapter, has a great need for the beds to be established at 
        such home or facility.
            ``(E) An application from a State for renovations to a State 
        home facility other than renovations described in subparagraph 
        (B).
            ``(F) An application for construction or acquisition of a 
        nursing home or domiciliary from a State that the Secretary 
        determines, in accordance with regulations under this 
        subchapter, has a significant need for the beds to be 
        established at such home or facility.
            ``(G) An application that meets other criteria as the 
        Secretary determines appropriate and has established in 
        regulations.
            ``(H) An application for construction or acquisition of a 
        nursing home or domiciliary from a State that the Secretary 
        determines, in accordance with regulations under this 
        subchapter, has a limited need for the beds to be established at 
        such home or facility.''; and
                    (C) in paragraph (3), by striking subparagraph (A) 
                and inserting the following:
            ``(A) may not accord any priority to a project for the 
        construction or acquisition of a hospital; and''.

    (c) <<NOTE: 38 USC 8135 note.>>  Transition.--(1) The provisions of 
sections 8134 and 8135 of title 38, United States Code, as in effect on 
November 10, 1999, shall continue in effect after that date with respect 
to applications described in section 8135(b)(2)(A) of such title, as in 
effect on that date, that are identified in paragraph (2) (and to 
projects and grants pursuant to those applications). The Secretary shall 
accord priority among those applications in the order listed in 
paragraph (2).

    (2) Applications covered by paragraph (1) are the following:
            (A) Any application for a fiscal year 1999 priority one 
        project.
            (B) Any application for a fiscal year 2000 priority one 
        project that was submitted by a State that (i) did not receive 
        grant funds from amounts appropriated for fiscal year 1999 under 
        the State home grant program, and (ii) does not have any fiscal 
        year 1999 priority one projects.

    (3) For purposes of this subsection--

[[Page 113 STAT. 1567]]

            (A) the term ``fiscal year 1999 priority one project'' means 
        a project on the list of approved projects established by the 
        Secretary on October 29, 1998, under section 8135(b)(4) of title 
        38, United States Code, as in effect on that date that (pursuant 
        to section 8135(b)(2)(A) of that title) is in the grouping of 
        projects on that list designated as Priority Group 1;
            (B) the term ``fiscal year 2000 priority one project'' means 
        a project on the list of approved projects established by the 
        Secretary on November 3, 1999, under section 8135(b)(4) of title 
        38, United States Code, as in effect on that date that (pursuant 
        to section 8135(b)(2)(A) of that title) is in the grouping of 
        projects on that list designated as Priority Group 1; and
            (C) the term ``State home grant program'' means the grant 
        program under subchapter III of chapter 81 of title 38, United 
        States Code.

    (d) <<NOTE: 38 USC 8134 note.>>  Effective Date for Initial 
Regulations.--The Secretary shall prescribe the initial regulations 
under subsection (a) of section 8134 of title 38, United States Code, as 
added by subsection (a), not later than April 30, 2000.

SEC. 208. EXPANSION OF ENHANCED-USE LEASE AUTHORITY.

    (a) Authority.--Section 8162(a)(2) is amended--
            (1) by striking ``only if the Secretary'' and inserting 
        ``only if--
            ``(A) the Secretary'';
            (2) by redesignating subparagraphs (A), (B), and (C) as 
        clauses (i), (ii), and (iii), respectively, and realigning those 
        clauses so as to be four ems from the left margin;
            (3) by striking the period at the end of clause (iii), as so 
        redesignated, and inserting ``; or''; and
            (4) by adding at the end the following:
            ``(B) the Secretary determines that the implementation of a 
        business plan proposed by the Under Secretary for Health for 
        applying the consideration under such a lease to the provision 
        of medical care and services would result in a demonstrable 
        improvement of services to eligible veterans in the geographic 
        service-delivery area within which the property is located.''.

    (b) Term of Enhanced-Use Lease.--Section 8162(b) is amended--
            (1) in paragraph (2), by striking ``may not exceed--'' and 
        all that follows and inserting ``may not exceed 75 years.''; and
            (2) by striking paragraph (4) and inserting the following:

    ``(4) The terms of an enhanced-use lease may provide for the 
Secretary to--
            ``(A) obtain facilities, space, or services on the leased 
        property; and
            ``(B) use minor construction funds for capital contribution 
        payments.''.

    (c) Designation of Property Proposed To Be Leased.--(1) Subsection 
(b) of section 8163 is amended--
            (A) by striking ``include--'' and inserting ``include the 
        following:'';
            (B) by capitalizing the first letter of the first word of 
        each of paragraphs (1), (2), (3), (4), and (5);
            (C) by striking the semicolon at the end of paragraphs (1), 
        (2), and (3) and inserting a period; and

[[Page 113 STAT. 1568]]

            (D) by striking subparagraphs (A), (B), and (C) of paragraph 
        (4) and inserting the following:
                    ``(A) would--
                          ``(i) contribute in a cost-effective manner to 
                      the mission of the Department;
                          ``(ii) not be inconsistent with the mission of 
                      the Department;
                          ``(iii) not adversely affect the mission of 
                      the Department; and
                          ``(iv) affect services to veterans; or
                    ``(B) would result in a demonstrable improvement of 
                services to eligible veterans in the geographic service-
                delivery area within which the property is located.''.

    (2) Subparagraph (E) of subsection (c)(1) of that section is amended 
by striking clauses (i), (ii), and (iii) and inserting the following:
                    ``(i) would--
                          ``(I) contribute in a cost-effective manner to 
                      the mission of the Department;
                          ``(II) not be inconsistent with the mission of 
                      the Department;
                          ``(III) not adversely affect the mission of 
                      the Department; and
                          ``(IV) affect services to veterans; or
                    ``(ii) would result in a demonstrable improvement of 
                services to eligible veterans in the geographic service-
                delivery area within which the property is located.''.

    (d) Use of Proceeds.--Section 8165(a) is amended by striking 
paragraph (1) and inserting the following:
    ``(a)(1) Funds received by the Department under an enhanced-use 
lease and remaining after any deduction from those funds under 
subsection (b) shall be deposited in the Department of Veterans Affairs 
Health Services Improvement Fund established under section 1729B of this 
title.''.
    (e) Extension of Authority.--Section 8169 is amended by striking 
``December 31, 2001'' and inserting ``December 31, 2011''.
    (f ) <<NOTE: 38 USC 8161 note.>>  Training and Outreach Regarding 
Authority.--The Secretary shall take appropriate actions to provide 
training and outreach to personnel at Department medical centers 
regarding the enhanced-use lease authority under subchapter V of chapter 
81 of title 38, United States Code. The training and outreach shall 
address methods of approaching potential lessees in the medical or 
commercial sectors regarding the possibility of entering into leases 
under that authority and other appropriate matters.

    (g) <<NOTE: 38 USC 8161 note.>>  Independent Analysis of 
Opportunities for Use of Authority.--(1) The Secretary shall take 
appropriate actions to secure from an appropriate entity (or entities) 
independent of the Department an analysis (or analyses) of opportunities 
for the use of the enhanced-use lease authority under subchapter V of 
chapter 81 of title 38, United States Code.

    (2) An analysis under paragraph (1) shall include--
            (A) a survey of facilities of the Department for purposes of 
        identifying Department property that presents an opportunity for 
        lease under the enhanced-use lease authority;
            (B) an assessment of the feasibility of entering into 
        enhanced-use leases under that authority in the case of any

[[Page 113 STAT. 1569]]

        property identified under subparagraph (A) as presenting an 
        opportunity for such lease; and
            (C) an assessment of the resources required at the 
        Department facilities concerned, and at the Department Central 
        Office, in order to facilitate the entering into of enhanced-
        used leases in the case of property so identified.

    (3) If as a result of a survey under paragraph (2)(A) an entity 
carrying out an analysis under this subsection determines that a 
particular Department property presents no opportunities for lease under 
the enhanced-use lease authority, the analysis shall include the 
entity's explanation of that determination.
    (4) If as a result of such a survey an entity carrying out an 
analysis under this subsection determines that certain Department 
property presents an opportunity for lease under the enhanced-use lease 
authority, the analysis shall include a single integrated business plan, 
developed by the entity, that addresses the strategy and resources 
necessary to implement the plan for all property determined to present 
an opportunity for such lease.

SEC. 209. INELIGIBILITY FOR EMPLOYMENT BY VETERANS HEALTH ADMINISTRATION 
            OF HEALTH CARE PROFESSIONALS WHO HAVE LOST LICENSE TO 
            PRACTICE IN ONE JURISDICTION WHILE STILL LICENSED IN ANOTHER 
            JURISDICTION.

    Section 7402 is amended by adding at the end the following new 
subsection:
    ``(f ) A person may not be employed in a position under subsection 
(b) (other than under paragraph (4) of that subsection) if--
            ``(1) the person is or has been licensed, registered, or 
        certified (as applicable to such position) in more than one 
        State; and
            ``(2) either--
                    ``(A) any of those States has terminated such 
                license, registration, or certification for cause; or
                    ``(B) the person has voluntarily relinquished such 
                license, registration, or certification in any of those 
                States after being notified in writing by that State of 
                potential termination for cause.''.

SEC. 210. REPORT ON COORDINATION OF PROCUREMENT OF PHARMACEUTICALS AND 
            MEDICAL SUPPLIES BY THE DEPARTMENT OF VETERANS AFFAIRS AND 
            THE DEPARTMENT OF DEFENSE.

    (a) <<NOTE: Deadline.>>  Requirement.--Not later than July 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.

[[Page 113 STAT. 1570]]

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

SEC. 211. REIMBURSEMENT OF MEDICAL EXPENSES OF VETERANS LOCATED IN 
            ALASKA.

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

[[Page 113 STAT. 1571]]

expenses of veterans located in Alaska under section 1728 of title 38, 
United States Code.

    (2) The report shall--
            (A) assess the differences between health care costs in 
        Alaska and health care costs in the continental United States;
            (B) describe any differences between the costs of providing 
        health care in Alaska and the reimbursement rates for the 
        provision of health care under the Participating Physician Fee 
        Schedule; and
            (C) assess the effects on health care for veterans in Alaska 
        of implementing the Participating Physician Fee Schedule as a 
        means of calculating reimbursement rates for medical expenses of 
        veterans located in Alaska under section 1728 of title 38, 
        United States Code.

               TITLE III--MISCELLANEOUS MEDICAL PROVISIONS

SEC. 301. REVIEW OF PROPOSED CHANGES TO OPERATION OF MEDICAL FACILITIES.

    Section 8110 is amended by adding at the end the following new 
subsections:
    ``(d) <<NOTE: Reports.>>  The Secretary may not in any fiscal year 
close more than 50 percent of the beds within a bed section (of 20 or 
more beds) of a Department medical center unless the Secretary first 
submits to the Committees on Veterans' Affairs of the Senate and the 
House of Representatives a report providing a justification for the 
closure. No action to carry out such closure may be taken after the 
submission of such report until the end of the 21-day period beginning 
on the date of the submission of the report.

    ``(e) <<NOTE: Deadline. Reports.>>  The Secretary shall submit to 
the Committees on Veterans' Affairs of the Senate and the House of 
Representatives, not later than January 20 of each year, a report 
documenting by network for the preceding fiscal year the following:
            ``(1) The number of medical service and surgical service 
        beds, respectively, that were closed during that fiscal year 
        and, for each such closure, a description of the changes in 
        delivery of services that allowed such closure to occur.
            ``(2) The number of nursing home beds that were the subject 
        of a mission change during that fiscal year and the nature of 
        each such mission change.

    ``(f ) For purposes of this section:
            ``(1) The term `closure', with respect to beds in a medical 
        center, means ceasing to provide staffing for, and to operate, 
        those beds. Such term includes converting the provision of such 
        bed care from care in a Department facility to care under 
        contract arrangements.
            ``(2) The term `bed section', with respect to a medical 
        center, means psychiatric beds (including beds for treatment of 
        substance abuse and post-traumatic stress disorder), 
        intermediate, neurology, and rehabilitation medicine beds, 
        extended care (other than nursing home) beds, and domiciliary 
        beds.
            ``(3) The term `justification', with respect to closure of 
        beds, means a written report that includes the following:
                    ``(A) An explanation of the reasons for the 
                determination that the closure is appropriate and 
                advisable.

[[Page 113 STAT. 1572]]

                    ``(B) A description of the changes in the functions 
                to be carried out and the means by which such care and 
                services would continue to be provided to eligible 
                veterans.
                    ``(C) A description of the anticipated effects of 
                the closure on veterans and on their access to care.''.

SEC. 302. PATIENT SERVICES AT DEPARTMENT FACILITIES.

    Section 7803 is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a)'' before ``The canteens''; and
                    (B) by striking ``in this subsection;'' and all that 
                follows through ``the premises'' and inserting ``in this 
                section''; and
            (2) by striking subsection (b).

SEC. 303. <<NOTE: 38 USC 1710 note.>>  CHIROPRACTIC TREATMENT.

    (a) <<NOTE: Deadline.>>  Establishment of Program.--Not later than 
120 days after the date of the enactment of this Act, the Under 
Secretary for Health of the Department of Veterans Affairs, after 
consultation with chiropractors, shall establish a policy for the 
Veterans Health Administration regarding the role of chiropractic 
treatment in the care of veterans under chapter 17 of title 38, United 
States Code.

    (b) Definitions.--For purposes of this section:
            (1) The term ``chiropractic treatment'' means the manual 
        manipulation of the spine performed by a chiropractor for the 
        treatment of such musculo-skeletal conditions as the Secretary 
        considers appropriate.
            (2) The term ``chiropractor'' means an individual who--
                    (A) is licensed to practice chiropractic in the 
                State in which the individual performs chiropractic 
                services; and
                    (B) holds the degree of doctor of chiropractic from 
                a chiropractic college accredited by the Council on 
                Chiropractic Education.

SEC. 304. DESIGNATION OF HOSPITAL BED REPLACEMENT BUILDING AT IOANNIS A. 
            LOUGARIS DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 
            RENO, NEVADA.

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

              TITLE IV--CONSTRUCTION AND FACILITIES MATTERS

SEC. 401. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

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

[[Page 113 STAT. 1573]]

            (3) Construction of a surgical suite and post-anesthesia 
        care unit at the Department of Veterans Affairs Medical Center, 
        Kansas City, Missouri, in an amount not to exceed $13,000,000.
            (4) Renovations and environmental improvements at the 
        Department of Veterans Affairs Medical Center, Atlanta, Georgia, 
        in an amount not to exceed $12,400,000.
            (5) Demolition of buildings at the Dwight D. Eisenhower 
        Department of Veterans Affairs Medical Center, Leavenworth, 
        Kansas, in an amount not to exceed $5,600,000.
            (6) Renovation to provide a domiciliary at Orlando, Florida, 
        in a total amount not to exceed $2,400,000, to be derived only 
        from funds appropriated for Construction, Major Projects, for a 
        fiscal year before fiscal year 2000 that remain available for 
        obligation.

SEC. 402. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.

    The Secretary of Veterans Affairs may enter into leases for medical 
facilities as follows:
            (1) Lease of an outpatient clinic, Lubbock, Texas, in an 
        amount not to exceed $1,112,000.
            (2) Lease of a research building, San Diego, California, in 
        an amount not to exceed $1,066,500.

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Veterans Affairs for fiscal year 2000 and for fiscal year 
2001--
            (1) for the Construction, Major Projects, account 
        $57,500,000 for the projects authorized in paragraphs (1) 
        through (5) of section 401; and
            (2) for the Medical Care account, $2,178,500 for the leases 
        authorized in section 402.

    (b) Limitation.--The projects authorized in paragraphs (1) through 
(5) of section 401 may only be carried out using--
            (1) funds appropriated for fiscal year 2000 or fiscal year 
        2001 pursuant to the authorization of appropriations in 
        subsection (a);
            (2) funds appropriated for Construction, Major Projects, for 
        a fiscal year before fiscal year 2000 that remain available for 
        obligation; and
            (3) funds appropriated for Construction, Major Projects, for 
        fiscal year 2000 for a category of activity not specific to a 
        project.

                TITLE V--BENEFITS AND EMPLOYMENT MATTERS

                    Subtitle A--Compensation and DIC

SEC. 501. <<NOTE: John William Rolen Act.>>  DEPENDENCY AND INDEMNITY 
            COMPENSATION FOR SURVIVING SPOUSES OF FORMER PRISONERS OF 
            WAR.

    (a) <<NOTE: 38 USC 101 note.>>  Short Title.--This section may be 
cited as the ``John William Rolen Act''.

    (b) Eligibility.--Section 1318(b) is amended--
            (1) by striking ``that either--'' in the matter preceding 
        paragraph (1) and inserting ``rated totally disabling if--'';

[[Page 113 STAT. 1574]]

            (2) in paragraph (1)--
                    (A) by inserting ``the disability'' after ``(1)''; 
                and
                    (B) by striking ``or'' after ``death;'';
            (3) in paragraph (2)--
                    (A) by striking ``if so rated for a lesser period, 
                was so rated continuously'' and inserting ``the 
                disability was continuously rated totally disabling''; 
                and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (4) by adding at the end the following new paragraph:
            ``(3) the veteran was a former prisoner of war who died 
        after September 30, 1999, and the disability was continuously 
        rated totally disabling for a period of not later than one year 
        immediately preceding death.''.

SEC. 502. REINSTATEMENT OF CERTAIN BENEFITS FOR REMARRIED SURVIVING 
            SPOUSES OF VETERANS UPON TERMINATION OF THEIR REMARRIAGE.

    (a) Restoration of Prior Eligibility.--Section 103(d) is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:

    ``(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.''.

    (b) Conforming Amendment.--Section 1311 is amended by striking 
subsection (e).
    (c) <<NOTE: 38 USC 103 note.>>  Effective Date.--The amendments made 
by subsections (a) and (b) shall take effect on the first day of the 
first month beginning after the month in which this Act is enacted.

    (d) <<NOTE: 38 USC 103 note.>>  Limitation.--No payment may be made 
to a person by reason of paragraphs (2) and (3) of section 103(d) of 
title 38, United States Code, as added by subsection (a), for any period 
before the effective date specified in subsection (c).

[[Page 113 STAT. 1575]]

SEC. 503. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS SERVICE-
            CONNECTED.

    Section 1112(c)(2) is amended by adding at the end the following new 
subparagraph:
            ``(P) Bronchiolo-alveolar carcinoma.''.

                         Subtitle B--Employment

SEC. 511. CLARIFICATION OF VETERANS' CIVIL SERVICE EMPLOYMENT 
            OPPORTUNITIES.

    (a) Coordination of Amendments.--If the Federal Reserve Board 
Retirement Portability Act is enacted before this Act, the amendments 
made by subsection (b) shall be made and the amendments made by 
subsection (c) shall not be made. Otherwise, the amendments made by 
subsection (c) shall be made and the amendments made by subsection (b) 
and the amendments made by section 204 of the Federal Reserve Board 
Retirement Portability Act shall not be made.
    (b) Clarification of Civil Service Employment Opportunities.--
Subject to subsection (a), section 3304(f ) of title 5, United States 
Code, as amended by section 204 of the Federal Reserve Board Retirement 
Portability Act, is amended--
            (1) in paragraph (2), as added by such section, by striking 
        ``shall acquire competitive status and''; and
            (2) by adding at the end the following new paragraph:

    ``(5) <<NOTE: Regulations.>>  The Office of Personnel Management 
shall prescribe regulations necessary for the administration of this 
subsection. The regulations shall ensure that an individual who has 
completed an initial tour of active duty is not excluded from the 
application of this subsection because of having been released from such 
tour of duty shortly before completing 3 years of active service, having 
been honorably released from such duty.''.

    (c) Clarification of Civil Service Employment Opportunities.--
Subject to subsection (a), 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;
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):

    ``(2) If selected, a preference eligible or veteran described in 
paragraph (1) shall receive a career or career-conditional appointment, 
as appropriate.''; and
            (4) by adding at the end the following new paragraph:

    ``(5) <<NOTE: Regulations.>>  The Office of Personnel Management 
shall prescribe regulations necessary for the administration of this 
subsection. The regulations shall ensure that an individual who has 
completed an initial tour of active duty is not excluded from the 
application of this subsection because of having been released from such 
tour of duty shortly before completing 3 years of active service, having 
been honorably released from such duty.''.

    (d) <<NOTE: Applicability.>>  Effective Date.--(1) If pursuant to 
subsection (a) the amendments specified in subsection (b) are made, 
those amendments shall apply as if included in section 204 of the 
Federal Reserve Board Retirement Portability Act.

[[Page 113 STAT. 1576]]

    (2) <<NOTE: 5 USC 3304 note.>>  If pursuant to subsection (a) the 
amendments specified in subsection (c) are made, those amendments shall 
take effect as of October 31, 1998, as if included in subsection (f ) of 
section 3304 of title 5, United States Code, as enacted by section 2 of 
the Veterans Employment Opportunities Act of 1998 (Public Law 105-339; 
112 Stat. 3182).

                   TITLE VI--MEMORIAL AFFAIRS MATTERS

            Subtitle A--American Battle Monuments Commission

SEC. 601. CODIFICATION AND EXPANSION OF AUTHORITY 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) Solicitation and Acceptance of Contributions.--(1) Consistent 
with its authority under section 2103(e) of this title, the American 
Battle Monuments Commission shall solicit and accept contributions for 
the World War II memorial.
    ``(2) In this section, the term `World War II memorial' means 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.
    ``(b) 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 (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 of the Treasury 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,

[[Page 113 STAT. 1577]]

as determined by the Chairman, 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

[[Page 113 STAT. 1578]]

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 volunteer given responsibility 
for the handling of funds or the carrying out of a Federal function is 
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) <<NOTE: Expiration date.>>  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.''.

    (2) The table of sections at the beginning of such chapter 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 (40 U.S.C. 1003 note) 
is amended by striking sections 3, 4, and 5.
    (c) <<NOTE: 36 USC 2113 note.>>  Effect of Repeal of Current 
Memorial Fund.--Upon 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 (40 U.S.C. 1003 note) to the fund created by section 
2113(b) of title 36, United States Code, as added by subsection (a).

SEC. 602. GENERAL AUTHORITY 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

[[Page 113 STAT. 1579]]

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 of the 
Commission.
    ``(2) <<NOTE: Guidelines.>>  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.''.

SEC. 603. INTELLECTUAL PROPERTY AND RELATED ITEMS.

    (a) In General.--Chapter 21 of title 36, United States Code, as 
amended by section 601(a)(1), is further amended by adding at the end 
the following new section:

``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 such 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter, as amended by section 601(a)(2), is further amended by 
adding at the end the following new item:

``2114. Intellectual property and related items.''.


[[Page 113 STAT. 1580]]



SEC. 604. TECHNICAL AMENDMENTS.

    Chapter 21 of title 36, United States Code, is amended as follows:
            (1) Section 2101(b) is amended--
                    (A) by striking ``title 37, United States Code,'' in 
                paragraph (2) and inserting ``title 37''; and
                    (B) by striking ``title 5, United States Code,'' in 
                paragraph (3) and inserting ``title 5''.
            (2) Section 2102(a)(1) is amended, by striking ``title 5, 
        United States Code'' and inserting ``title 5''.
            (3) Section 2103 is amended--
                    (A) by striking ``title 31, United States Code'' in 
                subsection (h)(2)(A)(i) and inserting ``title 31'';
                    (B) by striking ``title 44, United States Code'' in 
                subsection (i) and inserting ``title 44''; and
                    (C) by striking ``chairman'' each place it appears 
                and inserting ``Chairman''.

                     Subtitle B--National Cemeteries

SEC. 611. <<NOTE: 38 USC 2400 note.>>  ESTABLISHMENT OF ADDITIONAL 
            NATIONAL CEMETERIES.

    (a) Establishment.--The Secretary shall establish, in accordance 
with chapter 24 of title 38, United States Code, a national cemetery in 
each of the six areas in the United States that the Secretary determines 
to be most in need of such a cemetery to serve the needs of veterans and 
their families.
    (b) Obligation of Funds in Fiscal Year 2000.--The Secretary shall 
obligate, from the advance planning fund in the Construction, Major 
Projects account appropriated to the Department for fiscal year 2000, 
such amounts for costs that the Secretary estimates are required for the 
planning and commencement of the establishment of national cemeteries 
under this section.
    (c) <<NOTE: Deadlines.>>  Reports.--(1) Not later than 120 days 
after the date of the enactment of this Act, the Secretary shall submit 
to Congress a report on the establishment of the national cemeteries 
under subsection (a). The report shall set forth the following:
            (A) The six areas of the United States determined by the 
        Secretary to be most in need of the establishment of a new 
        national cemetery.
            (B) A schedule for such establishment.
            (C) An estimate of the costs associated with such 
        establishment.
            (D) The amount obligated from the advance planning fund 
        under subsection (b).

    (2) Not later than one year after the date on which the report 
described in paragraph (1) is submitted, and annually thereafter until 
the establishment of the national cemeteries under subsection (a) is 
complete, the Secretary shall submit to Congress a report that updates 
the information included in the report described in paragraph (1).

SEC. 612. <<NOTE: 38 USC 2404 note.>>  USE OF FLAT GRAVE MARKERS AT 
            SANTA FE NATIONAL CEMETERY, NEW MEXICO.

    Notwithstanding section 2404(c)(2) of title 38, United States Code, 
the Secretary may provide for flat grave markers at the Santa Fe 
National Cemetery, New Mexico.

[[Page 113 STAT. 1581]]

SEC. 613. <<NOTE: 38 USC 2404 note.>>  INDEPENDENT STUDY ON IMPROVEMENTS 
            TO VETERANS' CEMETERIES.

    (a) Study.--Not <<NOTE: Deadline. Contracts.>>  later than 180 days 
after the date of the enactment of this Act, the Secretary shall enter 
into a contract with one or more qualified organizations to conduct a 
study of national cemeteries described in subsection (b). For purposes 
of this section, an entity of Federal, State, or local government is not 
a qualified organization.

    (b) Matters Studied.--(1) The study conducted pursuant to the 
contract entered into under subsection (a) shall include an assessment 
of each of the following:
            (A) The one-time repairs required at each national cemetery 
        under the jurisdiction of the National Cemetery Administration 
        of the Department of Veterans Affairs 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 
        active national cemeteries, and the feasibility of making 
        standards of appearance of closed national cemeteries, 
        commensurate with standards of appearance of the finest 
        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 qualified under chapter 24 of title 
        38, United States Code, who die after 2005.
            (D) The advantages and disadvantages of the use by the 
        National Cemetery Administration of flat grave markers and 
        upright grave markers.
            (E) The current condition of flat grave marker sections at 
        each of the national cemeteries.

    (2) In presenting the assessment of additional national cemeteries 
required under paragraph (1)(C), the report shall identify by five-year 
period, beginning with 2005 and ending with 2020, the following:
            (A) The number of additional national cemeteries required 
        during each such five-year period.
            (B) With respect to each such 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.

    (c) <<NOTE: Deadlines.>>  Report.--(1) Not later than one year after 
the date on which a qualified organization enters into a contract under 
subsection (a), the organization shall submit to the Secretary a report 
setting forth the results of the study conducted and conclusions of the 
organization with respect to such results.

    (2) Not later than 120 days after the date on which a report is 
submitted under paragraph (1), the Secretary shall transmit to the 
Committees on Veterans' Affairs of the House of Representatives and the 
Senate a copy of the report, together with any comments on the report 
that the Secretary considers appropriate.

[[Page 113 STAT. 1582]]

                       Subtitle C--Burial Benefits

SEC. 621. INDEPENDENT STUDY ON IMPROVEMENTS TO VETERANS' BURIAL 
            BENEFITS.

    (a) <<NOTE: Deadline. Contracts.>>  Study.--Not later than 60 days 
after the date of the enactment of this Act, the Secretary shall enter 
into a contract with one or more qualified organizations to conduct a 
study of burial benefits under chapter 23 of title 38, United States 
Code. For purposes of this section, an entity of Federal, State, or 
local government is not a qualified organization.

    (b) Matters Studied.--The study conducted pursuant to the contract 
entered into under subsection (a) shall include consideration of the 
following:
            (1) An assessment of the adequacy and effectiveness of the 
        burial benefits administered by the Secretary under chapter 23 
        of title 38, United States Code, in meeting the burial needs of 
        veterans and their families.
            (2) Options to better serve the burial needs of veterans and 
        their families, including modifications to burial benefit 
        amounts and eligibility, together with the estimated cost for 
        each such modification.
            (3) Expansion of the authority of the Secretary to provide 
        burial benefits for burials in private-sector cemeteries and to 
        make grants to private-sector cemeteries.

    (c) <<NOTE: Deadlines.>>  Report.--(1) Not later than 120 days after 
the date on which a qualified organization enters into a contract under 
subsection (a), the organization shall submit to the Secretary a report 
setting forth the results of the study conducted and conclusions of the 
organization with respect to those results.

    (2) Not later than 60 days after the date on which a report is 
submitted under paragraph (1), the Secretary shall transmit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a copy of the report, together with any comments on the 
report that the Secretary considers appropriate.

                TITLE VII--EDUCATION AND HOUSING MATTERS

                      Subtitle A--Education Matters

SEC. 701. AVAILABILITY OF MONTGOMERY GI BILL BENEFITS FOR PREPARATORY 
            COURSES FOR COLLEGE AND GRADUATE SCHOOL ENTRANCE EXAMS.

    Section 3002(3) is amended--
            (1) by striking ``, and'' at the end of subparagraph (A) and 
        inserting a semicolon;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph (B):
            ``(B) includes--
                    ``(i) a preparatory course for a test that is 
                required or used for admission to an institution of 
                higher education; and

[[Page 113 STAT. 1583]]

                    ``(ii) a preparatory course for a test that is 
                required or used for admission to a graduate school; 
                and''.

SEC. 702. DETERMINATION OF ELIGIBILITY PERIOD FOR MEMBERS OF THE ARMED 
            FORCES COMMISSIONED FOLLOWING COMPLETION OF OFFICER TRAINING 
            SCHOOL.

    (a) Measurement of Period Counted for GI Bill Eligibility.--Section 
3011(f ) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraph (2) or (3)''; and
            (2) by adding at the end the following new paragraph:

    ``(3) <<NOTE: Applicability.>>  This subsection applies to a member 
who after a period of continuous active duty as an enlisted member or 
warrant officer, and following successful completion of officer training 
school, is discharged in order to accept, without a break in service, a 
commission as an officer in the Armed Forces for a period of active 
duty.''.

    (b) Conforming Amendments for Time Limitation for Use of Eligibility 
and Entitlement.--Section 3031 is amended--
            (1) by redesignating subsection (g) as subsection (h);
            (2) in subsection (a)--
                    (A) by striking ``through (e)'' and inserting 
                ``through (g)''; and
                    (B) by striking ``subsection (g)'' and inserting 
                ``subsection (h)''; and
            (3) by inserting after subsection (f ) the following new 
        subsection:

    ``(g) In the case of an individual described in section 3011(f )(3) 
of this title, the period during which that individual may use the 
individual's entitlement to educational assistance allowance expires on 
the last day of the 10-year period beginning on the date of the 
enactment of the Veterans Millennium Health Care and Benefits Act if 
that date is later than the date that would otherwise be applicable to 
that individual under this section.''.
    (c) <<NOTE: Applicability. 38 USC 3011 note.>>  Effective Date.--The 
amendments made by subsection (a) shall take effect on the date of the 
enactment of this Act and apply with respect to an individual first 
appointed as a commissioned officer on or after July 1, 1985.

SEC. 703. REPORT ON VETERANS' EDUCATION AND VOCATIONAL TRAINING BENEFITS 
            PROVIDED BY THE STATES.

    (a) <<NOTE: Deadlines.>>  Report.--(1) Not later than six months 
after the date of the enactment of this Act, the Secretary shall submit 
to the Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report on veterans education and vocational training 
benefits provided by the States.

    (2) Benefits to be considered to be veterans education and 
vocational training benefits for the purpose of this section include any 
education or vocational training benefit provided by a State (including 
any political subdivision of a State) for which persons are eligible by 
reason of service in the Armed Forces, including, in the case of persons 
who died in the Armed Forces or as a result of a disease or disability 
incurred in the Armed Forces, benefits provided by reason of the service 
of those persons to their survivors or dependents.
    (3) For purposes of this section, the term ``veteran'' includes a 
person serving on active duty or in one of the reserve components and a 
person who died while in the active military, naval, or air service.

[[Page 113 STAT. 1584]]

    (b) Matters To Be Included.--The report under this section shall 
include the following:
            (1) A description, by State, of the veterans education and 
        vocational training benefits provided, including--
                    (A) identification of benefits that are provided 
                specifically for disabled veterans or for which disabled 
                veterans receive benefits in a different amount; and
                    (B) identification of benefits for which survivors 
                of persons who died in the Armed Forces (or as a result 
                of a disease or disability incurred in the Armed Forces) 
                or who were disabled in the Armed Forces are eligible.
            (2) For each State that provides a veterans education 
        benefit consisting of full or partial tuition assistance for 
        post-secondary education, a description of that benefit, 
        including whether the benefit is limited to tuition for 
        attendance at an institution of higher education in that State 
        or to tuition for attendance at a public institution of higher 
        education in that State.
            (3) A description of actions and programs of the Department 
        of Veterans Affairs, the Department of Defense, the Department 
        of Education, and the Department of Labor to encourage the 
        States to provide benefits designed to assist veterans in 
        securing post-secondary education and vocational training.

    (c) Consultation.--The report under this section shall be prepared 
in consultation with the Secretary of Education, the Secretary of 
Defense, and the Secretary of Labor.
    (d) State Defined.--For purposes of this section, the term ``State'' 
has the meaning given that term in section 101(20) of title 38, United 
States Code.

SEC. 704. TECHNICAL AMENDMENTS.

    Sections 3011(i) and 3012(g)(1) are amended by striking 
``Federal''.

                       Subtitle B--Housing Matters

SEC. 711. EXTENSION OF AUTHORITY FOR HOUSING LOANS FOR MEMBERS OF THE 
            SELECTED RESERVE.

    Section 3702(a)(2)(E) is amended by striking ``September 30, 2003,'' 
and inserting ``September 30, 2007,''.

SEC. 712. TECHNICAL AMENDMENT RELATING TO TRANSITIONAL HOUSING LOAN 
            GUARANTEE PROGRAM.

    Section 3775 is amended--
            (1) by inserting ``(a)'' before ``During each''; and
            (2) by adding at the end the following new subsection:

    ``(b) After the first three years of operation of such a multifamily 
transitional housing project, the Secretary may provide for periodic 
audits of the project.''.

[[Page 113 STAT. 1585]]

    TITLE VIII--DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATIVE MATTERS

SEC. 801. ENHANCED QUALITY ASSURANCE PROGRAM WITHIN THE VETERANS 
            BENEFITS ADMINISTRATION.

    (a) In General.--(1) Chapter 77 is amended by adding at the end the 
following new subchapter:

                   ``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;

[[Page 113 STAT. 1586]]

            ``(2) information with respect to the accuracy of decisions, 
        including trends in that information; and
            ``(3) such other information as the Secretary considers 
        appropriate.''.

    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new items:

                   ``SUBCHAPTER III--QUALITY ASSURANCE

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

    (b) <<NOTE: 38 USC 7731 note.>>  Effective Date.--Subchapter III of 
chapter 77 of title 38, United States Code, as added by subsection (a), 
shall take effect at the end of the 60-day period beginning on the date 
of the enactment of this Act.

SEC. 802. 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, 2003''.

SEC. 803. EXTENSION OF ADVISORY COMMITTEE ON MINORITY VETERANS.

    Section 544(e) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2003''.

SEC. 804. TECHNICAL AMENDMENT TO AUTOMOBILE ASSISTANCE PROGRAM.

    Section 3903(e)(2) is amended by striking ``(not owned by the 
Government)''.

                  TITLE IX--HOMELESS VETERANS PROGRAMS

SEC. 901. HOMELESS VETERANS' REINTEGRATION PROGRAMS.

    (a) In General.--Chapter 41 is amended by adding at the end the 
following new section:

``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.--For purposes of 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.

[[Page 113 STAT. 1587]]

            ``(B) $15,000,000 for fiscal year 2001.
            ``(C) $20,000,000 for fiscal year 2002.
            ``(D) $20,000,000 for fiscal year 2003.

    ``(2) Funds obligated for any fiscal year to carry out this section 
may be expended in that fiscal year and the succeeding fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``4111. Homeless veterans' reintegration programs.''.

SEC. 902. EXTENSION OF PROGRAM OF HOUSING ASSISTANCE FOR HOMELESS 
            VETERANS.

    Section 3735(c) is amended by striking ``December 31, 1999'' and 
inserting ``December 31, 2003''.

SEC. 903. HOMELESS VETERANS PROGRAMS.

    The Homeless Veterans Comprehensive Service Programs Act of 1992 (38 
U.S.C. 7721 note) is amended as follows:
            (1) Section 3(a)(1) is amended by inserting ``, and 
        expanding existing programs for furnishing,'' after ``new 
        programs to furnish''.
            (2) Section 3(a)(2) is amended by striking ``September 30, 
        1999'' and inserting ``September 30, 2003''.
            (3) Section 3(b)(2) is amended by striking ``and no more 
        than 20 programs which incorporate the procurement of vans as 
        described in paragraph (1)''.
            (4) Section 12 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. 904. PLAN FOR EVALUATION OF PERFORMANCE OF PROGRAMS TO ASSIST 
            HOMELESS VETERANS.

    (a) <<NOTE: Deadline.>>  Report.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary 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. The plan shall be prepared in consultation 
with the Secretary of Housing and Urban Development and the Secretary of 
Labor.

    (b) Inclusion of Outcome Measures.--The plan shall include outcome 
measures to show whether veterans for whom housing or employment is 
secured through one or more of those programs continue to be housed or 
employed, as the case may be, after six months.

    TITLE <<NOTE: Court of Appeals for Veterans Claims Amendments of 
1999.>> X--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SEC. 1001. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This title may be cited as the ``Court of Appeals for Veterans 
Claims Amendments of 1999''.

[[Page 113 STAT. 1588]]

SEC. 1002. <<NOTE: 38 USC 7296 note.>>  DEFINITION.

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

     Subtitle A--Transitional Provisions To Stagger Terms of Judges

SEC. 1011. <<NOTE: 38 USC 7296 note.>>  EARLY RETIREMENT AUTHORITY FOR 
            CURRENT JUDGES.

    (a) Retirement Authorized.--One eligible judge may retire in 
accordance with this section in 2000 or 2001, and one additional 
eligible judge may retire in accordance with this section in 2001.
    (b) Eligible Judges.--For purposes of this section, an eligible 
judge is a judge of the Court (other than the chief judge) who--
            (1) has at least 10 years of service 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 described in section 
        7297(l) of such title; and
            (4) is at least 55 years of age.

    (c) Multiple Eligible Judges.--If for any year specified in 
subsection (a) more than one eligible judge provides notice in 
accordance with subsection (d), the judge who has the greatest seniority 
as a judge of the Court shall be the judge who is eligible to retire in 
accordance with this section in that year.
    (d) <<NOTE: President.>>  Notice.--An eligible judge who desires to 
retire in accordance with this section with respect to any year covered 
by subsection (a) shall provide to the President and the chief judge of 
the Court written notice to that effect and stating that the judge 
agrees to the temporary service requirements of subsection ( 
j). <<NOTE: Deadline.>>  Such notice shall be provided not later than 
April 1 of that year and shall specify the retirement date in accordance 
with subsection (e). Notice provided under this subsection shall be 
irrevocable.

    (e) Date of Retirement.--A judge who is eligible to retire in 
accordance with this section shall be retired during the calendar year 
as to which notice is provided pursuant to subsection (d), but not 
earlier than 30 days after the date on which that notice is provided 
pursuant to subsection (d).
    (f ) Applicable Provisions.--Except as provided in subsections (g) 
and ( j), a judge retired in accordance with this section shall be 
considered for all purposes to be retired under section 7296(b)(1) of 
title 38, United States Code.
    (g) Applicability of Recall Status Authority.--The provisions of 
section 7257 of this title shall apply to a judge retired in accordance 
with this section as if the judge is a judge specified in subsection 
(a)(2)(A) of that section.
    (h) Rate of Retired Pay.--The rate of retired pay for a judge 
retiring in accordance with this section is--
            (1) the rate applicable to that judge under section 
        7296(c)(1) of title 38, United States Code, multiplied by
            (2) the fraction (not in excess of 1) in which--
                    (A) the numerator is the number of years of service 
                of the judge as a judge of the Court creditable under 
                section 7296 of such title; and
                    (B) the denominator is 15.

[[Page 113 STAT. 1589]]

    (i) <<NOTE: Applicability.>>  Adjustments in Retired Pay for Judges 
Available for Recall.--Subject to section 7296(f )(3)(B) of title 38, 
United States Code, an adjustment provided by law in annuities payable 
under civil service retirement laws shall apply to retired pay under 
this section in the case of a judge who is a recall-eligible retired 
judge under section 7257 of such 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.

    ( j) 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) 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.''.
    (k) Transitional Service of Judge Retired Under This Section.--(1) A 
judge who retires under this section shall continue to serve on the 
Court during the period beginning on the effective date of the judge's 
retirement under subsection (e) and ending on the earlier of--
            (A) the date on which a person is appointed to the position 
        on the Court vacated by the judge's retirement; and
            (B) the date on which the judge's original appointment to 
        the court would have expired.

    (2) <<NOTE: Applicability.>>  Subsections (f ) and (g) of section 
7253 of title 38, United States Code, shall apply with respect to the 
service of a judge on the Court under this section.

    (3) Notwithstanding any other provision of law, a person whose 
service as a judge of the Court continues under this section shall be 
paid for the period of service under this subsection at the rate that is 
the difference between the current rate of pay for a judge of the Court 
and the rate of the judge's retired pay under subsection (g).
    (4) Amounts paid under paragraph (3)--
            (A) shall not be treated as--
                    (i) compensation for employment with the United 
                States for purposes of section 7296(e) of title 38, 
                United States Code, or any provision of title 5, United 
                States Code, relating to the receipt or forfeiture of 
                retired pay or retirement annuities by a person 
                accepting compensation for employment with the United 
                States; or
                    (ii) pay for purposes of deductions or contributions 
                for or on behalf of the person to retired pay under 
                subchapter V of chapter 72 of title 38, United States 
                Code, or under chapter 83 or 84 of title 5, United 
                States Code, as applicable; but
            (B) may, at the election of the person, be treated as pay 
        for purposes of deductions or contributions for or on behalf of 
        the person to a retirement or other annuity, or both, under 
        subchapter V of chapter 72 of title 38, United States Code, or 
        under chapter 83 or 84 of title 5, United States Code, as 
        applicable.

    (5) Amounts paid under paragraph (3) shall be derived from amounts 
available for payment of salaries and benefits of judges of the Court.

[[Page 113 STAT. 1590]]

    (6) The service as a judge of the Court under this subsection of a 
person who makes an election provided for under paragraph (4)(B) shall 
constitute creditable service toward the judge's years of judicial 
service for purposes of section 7297 of title 38, United States Code, 
with such service creditable at a rate equal to the rate at which such 
service would be creditable for such purposes if served by a judge of 
the Court under chapter 72 of that title. For purposes of subsection 
(k)(3) of that section, the average annual pay for such service shall be 
the sum of the judge's retired pay and the amount paid under paragraph 
(3) of this subsection.
    (7) In the case of such a person who makes an election provided for 
under paragraph (4)(B), upon the termination of the service of that 
person as a judge of the Court under this subsection, the retired pay of 
that person under subsection (g) shall be recomputed to reflect the 
additional period of service served under this subsection.
    (l) Treatment of Political Party Membership.--For purposes of 
determining compliance with the last sentence of section 7253(b) of 
title 38, United States Code, the political party membership of a judge 
serving on the Court under subsection ( j) shall not be taken into 
account.

SEC. 1012. <<NOTE: 38 USC 7296 note.>>  MODIFIED TERMS FOR NEXT TWO 
            JUDGES APPOINTED TO THE COURT.

    (a) Modified Terms.--The term of office of the first two judges 
appointed to the Court after the date of the enactment of this Act shall 
be 13 years (rather than the period specified in section 7253(c) of 
title 38, United States Code).
    (b) Eligibility for Retirement.--(1) For purposes of determining the 
eligibility to retire under section 7296 of title 38, United States 
Code, of the two judges of the Court whose term of office is determined 
under subsection (a)--
            (A) <<NOTE: Applicability.>>  the age and service 
        requirements in the table in paragraph (2) shall apply to those 
        judges rather than the otherwise applicable age and service 
        requirements specified in the table in subsection (b)(1) of that 
        section; and
            (B) the minimum years of service applicable to those judges 
        for eligibility to retire under the first sentence of subsection 
        (b)(2) of that section shall be 13 years instead of 15 years.

    (2) The age and service requirements in this paragraph are as 
follows:

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

          Subtitle B--Other Matters Relating to Retired Judges

SEC. 1021. RECALL OF RETIRED JUDGES.

    (a) Authority To Recall Retired Judges.--Chapter 72 is amended by 
inserting after section 7256 the following new section:

[[Page 113 STAT. 1591]]

``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 Appeals for 
        Veterans Claims 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 <<NOTE: Certification.>>  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 
pursuant to section 7253(g) or 7296(g) of this title.
    ``(c) A retired judge who is recalled under this section may 
exercise all of the judicial 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.

[[Page 113 STAT. 1592]]

    ``(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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
7256 the following new item:

``7257. Recall of retired judges.''.

SEC. 1022. JUDGES' RETIRED PAY.

    (a) In General.--Subsection (c)(1) of section 7296 is amended by 
striking ``at the rate of pay in effect at the time of retirement.'' and 
inserting the following: ``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.
            ``(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.''.

    (b) Cost-of-Living Adjustments.--Subsection (f ) of such section is 
amended by adding at the end the following new paragraph:
    ``(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) If such a cost-of-living adjustment would (but for this 
subparagraph) result in the retired pay of a retired judge being in 
excess of the annual rate of pay in effect for judges of the Court as 
provided in section 7253(e) 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).''.

SEC. 1023. SURVIVOR ANNUITIES.

    (a) Surviving Spouse.--Subsection (a)(5) of section 7297 is amended 
by striking ``two years'' and inserting ``one year''.
    (b) Election To Participate.--Subsection (b) of such section is 
amended in the first sentence by inserting before the period ``or within 
six months after the date on which the judge marries if the judge has 
retired under section 7296 of this title''.
    (c) Reduction in Contributions.--Subsection (c) of such section is 
amended by striking ``3.5 percent of the judge's pay'' and inserting 
``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''.

[[Page 113 STAT. 1593]]

    (d) Interest Payments.--Subsection (d) of such section is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following new paragraph:

    ``(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.''.

    (e) Service Eligibility.--(1) Subsection (f ) of such section is 
amended--
            (A) in paragraph (1), in the matter preceding subparagraph 
        (A)--
                    (i) by striking ``at least 5 years'' and inserting 
                ``at least 18 months''; and
                    (ii) by striking ``last 5 years'' and inserting 
                ``last 18 months''; and
            (B) by adding at the end the following new paragraph:

    ``(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.''.
    (2) Subsection (a) of such section is further amended--
            (A) in paragraph (2), by inserting ``who is in active 
        service or who has retired under section 7296 of this title'' 
        after ``Court'';
            (B) in paragraph (3), by striking ``7296(c)'' and inserting 
        ``7296''; and
            (C) by adding at the end the following new paragraph:
            ``(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.''.

    (f ) Age Requirement of Surviving Spouse.--Subsection (f ) of such 
section is further amended by striking ``or following the surviving 
spouse's attainment of the age of 50 years, whichever is the later'' in 
paragraph (1)(A).

SEC. 1024. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.

    (a) In General.--Chapter 72 is amended by adding at the end the 
following new section:

``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) <<NOTE: Applicability.>>  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

[[Page 113 STAT. 1594]]

recall-eligible judge shall apply only during periods when the judge is 
serving in recall status.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``7299. Limitation on activities of retired judges.''.

  Subtitle C--Rotation of Service of Judges as Chief Judge of the Court

SEC. 1031. REPEAL OF SEPARATE APPOINTMENT OF CHIEF JUDGE.

    Subsection (a) of section 7253 is amended to read as follows:
    ``(a) Composition.--The Court of Appeals for Veterans Claims is 
composed of at least three and not more than seven judges, one of whom 
shall serve as chief judge in accordance with subsection (d).''.

SEC. 1032. DESIGNATION AND TERM OF CHIEF JUDGE OF COURT.

    (a) Rotation.--Subsection (d) of section 7253 is amended to read as 
follows:
    ``(d) Chief Judge.--(1) The chief judge of the Court shall be the 
judge of the Court in regular active service who is senior in commission 
among the judges of the Court who--
            ``(A) have served for one or more years as judges of the 
        Court; and
            ``(B) have not previously served as chief judge.

    ``(2) In any case in which there is no judge of the Court in regular 
active service who has served as a judge of the Court for at least one 
year, the judge of the court in regular active service who is senior in 
commission and has not served previously as chief judge shall act as the 
chief judge.
    ``(3) Except as provided in paragraph (4), a judge of the Court 
shall serve as the chief judge under paragraph (1) for a term of five 
years or until the judge becomes age 70, whichever occurs first. If no 
other judge is eligible under paragraph (1) to serve as chief judge upon 
the expiration of that term, that judge shall continue to serve as chief 
judge until another judge becomes eligible under that paragraph to serve 
as chief judge.
    ``(4)(A) The term of a chief judge shall be terminated before the 
end of the term prescribed by paragraph (3) if--
            ``(i) the chief judge leaves regular active service as a 
        judge of the court; or
            ``(ii) the chief judge notifies the other judges of the 
        court in writing that such judge desires to be relieved of the 
        duties of chief judge.

    ``(B) <<NOTE: Effective date.>>  The effective date of a termination 
of the term under subparagraph (A) shall be the date on which the chief 
judge leaves regular active service or the date of the notification 
under subparagraph (A)(ii), as the case may be.

    ``(5) If a chief judge is temporarily unable to perform the duties 
of chief judge, those duties shall be performed by the judge of the 
court in active service who is present, able and qualified to act, and 
is next in precedence.

[[Page 113 STAT. 1595]]

    ``(6) Judges who have the same seniority in commission shall be 
eligible for service as chief judge in accordance with their relative 
precedence.''.
    (b) <<NOTE: 38 USC 7296 note.>>  Ineligibility of Judges on 
Temporary Service.--A person serving as a judge of the Court under 
section 1011 may not serve as chief judge of the Court.

SEC. 1033. SALARY.

    Subsection (e) of section 7253 is amended to read as follows:
    ``(e) Salary.--Each judge of the Court shall receive a salary at the 
same rate as is received by judges of the United States district 
courts.''.

SEC. 1034. PRECEDENCE OF JUDGES.

    Subsection (d) of section 7254 is amended to read as follows:
    ``(d) Precedence of Judges.--The chief judge of the Court shall have 
precedence and preside at any session that the chief judge attends. The 
other judges shall have precedence and preside according to the 
seniority of their original commissions. Judges whose commissions bear 
the same date shall have precedence according to seniority in age.''.

SEC. 1035. CONFORMING AMENDMENTS.

    Chapter 72 is amended as follows:
            (1) Section 7281(g) is amended to read as follows:

    ``(g) The chief judge of the Court may exercise the authority of the 
Court under this section whenever there are not at least two other 
judges of the Court.''.
            (2) Sections 7296(a)(2) and 7297(a)(2) are amended by 
        striking ``the chief judge or an associate judge'' and inserting 
        ``a judge''.

SEC. 1036. <<NOTE: 38 USC 7253 note.>>  APPLICABILITY OF AMENDMENTS.

    (a) Effective Date.--The amendments made by this subtitle shall take 
effect on the date of the enactment of this Act.
    (b) Savings Provision for Incumbent Chief Judge.--The amendments 
made by this subtitle shall not apply while the individual who is chief 
judge of the Court on the date of the enactment of this Act continues to 
serve as chief judge. If that individual, upon termination of service as 
chief judge, provides notice under section 7257 of title 38, United 
States Code, of availability for service in a recalled status, the rate 
of pay applicable to that individual under section 7296(c)(1)(A) of such 
title while serving in a recalled status shall be at the rate of pay 
applicable to that individual at the time of retirement, if greater than 
the rate otherwise applicable under that section.

 TITLE XI--VOLUNTARY <<NOTE: Department of Veterans Affairs Employment 
    Reduction Assistance Act of 1999. 5 USC 5597 note.>>  SEPARATION 
INCENTIVE PROGRAM

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Department of Veterans Affairs 
Employment Reduction Assistance Act of 1999''.

[[Page 113 STAT. 1596]]

SEC. 1102. <<NOTE: 5 USC 5597 note.>>  PLAN FOR PAYMENT OF VOLUNTARY 
            SEPARATION INCENTIVE PAYMENTS.

    (a) In General.--The Secretary of Veterans Affairs shall, before 
obligating any funds for the payment of voluntary separation incentive 
payments under this title, submit to the Director of the Office of 
Management and Budget an operational plan outlining the proposed use of 
such incentive payments and a proposed organizational chart for the 
elements of the Department of Veterans Affairs covered by the plan once 
the payment of such incentive payments has been completed.
    (b) Contents.--The plan under subsection (a) shall--
            (1) take into account the limitations on elements, and 
        personnel within elements, of the Department specified in 
        subsection (c);
            (2) specify the positions to be reduced or eliminated and 
        functions to be restructured or reorganized, identified by 
        element of the Department, geographic location, occupational 
        category, and grade level;
            (3) specify the manner in which the plan will improve 
        operating efficiency, or meet actual or anticipated levels of 
        budget or staffing resources, of each element covered by the 
        plan and of the Department generally; and
            (4) include a description of how each element of the 
        Department covered by the plan will operate without the 
        functions or positions affected by the implementation of the 
        plan.

    (c) Limitation on Elements and Personnel.--The plan under subsection 
(a) shall be limited to the elements of the Department, and the number 
of positions within such elements, as follows:
            (1) The Veterans Health Administration, 4,400 positions.
            (2) The Veterans Benefits Administration, 240 positions.
            (3) Department of Veterans Affairs Staff Offices, 45 
        positions.
            (4) The National Cemetery Administration, 15 positions.

    (d) Approval.--(1) The Director of the Office of Management and 
Budget shall approve or disapprove the plan submitted under subsection 
(a).
    (2) In approving the plan, the Director may make such modifications 
to the plan as the Director considers appropriate with respect to the 
following:
            (A) The number and amounts of voluntary incentive payments 
        that may be paid under the plan.
            (B) Any other matter that the Director considers 
        appropriate.

    (3) In the event of the disapproval of a plan by the Director under 
paragraph (1), the Secretary may modify and resubmit the plan to the 
Director. <<NOTE: Applicability.>>  The provisions of this section shall 
apply to any plan submitted to the Director under this paragraph as if 
such plan were the initial plan submitted to the Director under 
subsection (a).

SEC. 1103. <<NOTE: 5 USC 5597 note.>>  VOLUNTARY SEPARATION INCENTIVE 
            PAYMENTS.

    (a) Authority To Pay Voluntary Separation Incentive Payments.--(1) 
The Secretary may pay a voluntary separation incentive payment to an 
eligible employee only--
            (A) to the extent necessary to reduce or restructure the 
        positions and functions identified by the plan approved under 
        section 1102; and

[[Page 113 STAT. 1597]]

            (B) if the Under Secretary concerned, or the head of the 
        staff office concerned, approves the payment of the voluntary 
        separation incentive payment to that employee.

    (2) In order to receive a voluntary separation incentive payment 
under this title, an employee must separate from service with the 
Department voluntarily (whether by retirement or resignation) under the 
provisions of this title.
    (b) Amount and Treatment of Payments.--A voluntary separation 
incentive payment--
            (1) shall be paid in a lump sum after the employee's 
        separation under this title;
            (2) shall be in an amount equal to the lesser of--
                    (A) an amount equal to the amount the employee would 
                be entitled to receive under section 5595(c) of title 5, 
                United States Code, if the employee were entitled to 
                payment under that section (without adjustment for any 
                previous payment made under that section); or
                    (B) an amount determined by the Secretary, not to 
                exceed $25,000;
            (3) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Government 
        benefit; and
            (4) shall not be taken into account in determining the 
        amount of severance pay to which an employee may be entitled 
        under section 5595 of title 5, United States Code, based on any 
        other separation.

    (c) Source of Funds.--Voluntary separation incentive payments under 
this title shall be paid from the appropriations or funds available for 
payment of the basic pay of the employees of the Department.

SEC. 1104. <<NOTE: 5 USC 5597 note.>>  EFFECT OF SUBSEQUENT EMPLOYMENT 
            WITH THE GOVERNMENT.

    (a) Repayment Upon Reemployment.--Except as provided in subsection 
(b), an individual who is paid a voluntary separation incentive payment 
under this title and who subsequently accepts employment with the 
Government within five years after the date of the separation on which 
the payment is based shall be required to repay to the Secretary, before 
the individual's first day of such employment, the entire amount of the 
voluntary separation incentive payment paid to the individual under this 
title.
    (b) Waiver Authority for Certain Individuals.--(1) If the employment 
of an individual under subsection (a) is with an Executive agency (as 
defined by section 105 of title 5, United States Code), the United 
States Postal Service, or the Postal Rate Commission, the Director of 
the Office of Personnel Management may, at the request of the head of 
such agency, waive repayment by the individual under that subsection if 
the individual possesses unique abilities and is the only qualified 
applicant available for the position.
    (2) If the employment of an individual under subsection (a) is with 
an entity in the legislative branch, the head of the entity or the 
appointing official may waive repayment by the individual under that 
subsection if the individual involved possesses unique abilities and is 
the only qualified applicant available for the position.
    (3) If the employment of an individual under subsection (a) is with 
the judicial branch, the Director of the Administrative

[[Page 113 STAT. 1598]]

Office of the United States Courts may waive repayment by the individual 
under that subsection if the individual involved possesses unique 
abilities and is the only qualified applicant available for the 
position.
    (c) Employment Defined.--for purposes of this section, the term 
``employment'' includes--
            (1) for purposes of subsections (a) and (b), employment of 
        any length or under any type of appointment, but does not 
        include employment that is without compensation; and
            (2) for purposes of subsection (a), employment with any 
        agency of the Government through a personal services contract.

SEC. 1105. <<NOTE: 5 USC 5597 note.>>  ADDITIONAL AGENCY CONTRIBUTIONS 
            TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND.

    (a) Requirement.--In addition to any other payments which it is 
required to make under subchapter III of chapter 83 or chapter 84 of 
title 5, United States Code, the Secretary shall remit to the Office of 
Personnel Management for deposit in the Treasury of the United States to 
the credit of the Civil Service Retirement and Disability Fund an amount 
equal to 26 percent of the final basic pay of each employee of the 
Department who is covered under subchapter III of chapter 83 or chapter 
84 of title 5, United States Code, to whom a voluntary separation 
incentive is paid under this title.
    (b) Final Basic Pay Defined.--For purposes of this section, the term 
``final basic pay'', with respect to an employee, means the total amount 
of basic pay that would be payable for a year of service by the 
employee, computed using the employee's final rate of basic pay, and, if 
last serving on other than a full-time basis, with appropriate 
adjustment therefor.

SEC. 1106. CONTINUED HEALTH INSURANCE COVERAGE.

    Section 8905a(d) of title 5, United States Code, is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (4)'' and 
        inserting ``paragraphs (4) and (5)'';
            (2) in paragraph (2), by striking ``(1) or (4)'' and 
        inserting ``(1), (4), or (5)''; and
            (3) by adding at the end the following new paragraph:

    ``(5)(A) If the basis for continued coverage under this section is 
an involuntary separation from a position in or under the Department of 
Veterans Affairs due to a reduction in force or a title 38 staffing 
readjustment--
            ``(i) the individual shall be liable for not more than the 
        employee contributions referred to in paragraph (1)(A)(i); and
            ``(ii) the agency which last employed the individual shall 
        pay the remaining portion of the amount required under paragraph 
        (1)(A).

    ``(B) <<NOTE: Applicability.>>  This paragraph shall only apply with 
respect to individuals whose continued coverage is based on a separation 
occurring on or after the date of the enactment of this paragraph.''.

SEC. 1107. <<NOTE: 5 USC 5597 note.>>  PROHIBITION OF REDUCTION OF FULL-
            TIME EQUIVALENT EMPLOYMENT LEVEL.

    (a) Prohibition.--The total full-time equivalent employment in the 
Department may not be reduced by reason of the separation of an employee 
(or any combination of employees) receiving a voluntary separation 
incentive payment under this title.

[[Page 113 STAT. 1599]]

    (b) <<NOTE: President.>>  Enforcement.--The President, through the 
Office of Management and Budget, shall monitor the Department and take 
any action necessary to ensure that the requirements of this section are 
met.

SEC. 1108. <<NOTE: 5 USC 5597 note.>>  REGULATIONS.

    The Director of the Office of Personnel Management may prescribe any 
regulations necessary to administer this title.

SEC. 1109. <<NOTE: 5 USC 5597 note.>>  LIMITATION; SAVINGS CLAUSE.

    (a) Limitation.--No voluntary separation incentive payment may be 
paid under this title based on the separation of an employee after 
December 31, 2000.
    (b) Relationship to Other Authority.--This title supplements and 
does not supersede any other authority of the Secretary to pay voluntary 
separation incentive payments to employees of the Department.

SEC. 1110. <<NOTE: 5 USC 5597 note.>>  ELIGIBLE EMPLOYEES.

    For purposes of this title:
            (1) In general.--Except as provided in paragraph (2), the 
        term ``eligible employee'' means an employee (as defined by 
        section 2105 of title 5, United States Code) of the Department 
        of Veterans Affairs, who is serving under an appointment without 
        time limitation and has been employed by the Department as of 
        the date of separation under this title for a continuous period 
        of at least three years.
            (2) Exceptions.--Such term does not include the following:
                    (A) A reemployed annuitant under subchapter III of 
                chapter 83 or chapter 84 of title 5, United States Code, 
                or another retirement system for employees of the 
                Government.
                    (B) An employee having a disability on the basis of 
                which such employee is eligible for disability 
                retirement under subchapter III of chapter 83 or chapter 
                84 of title 5, United States Code, or another retirement 
                system for employees of the Government.
                    (C) An employee who is in receipt of a specific 
                notice of involuntary separation for misconduct or 
                unacceptable performance.
                    (D) An employee who previously has received any 
                voluntary separation incentive payment by the Government 
                under this title or any other authority.
                    (E) An employee covered by statutory reemployment 
                rights who is on transfer to another organization.
                    (F) An employee who, during the 24-month period 
                preceding the date of separation, has received a 
                recruitment or relocation bonus under section 5753 of 
                title 5, United States Code, or a recruitment bonus 
                under section 7458 of title 38, United States Code.
                    (G) An employee who, during the 12-month period 
                preceding the date of separation, received a retention 
                allowance under section 5754 of title 5, United States 
                Code, or a retention bonus under section 458 of title 
                38, United States Code.

[[Page 113 STAT. 1600]]

                    (H) An employee who, during the 24-month period 
                preceding the date of separation, was relocated at the 
                expense of the Federal Government.

    Approved November 30, 1999.

LEGISLATIVE HISTORY--H.R. 2116:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 106-237 (Comm. on Veterans' Affairs) and 106-470 
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 145 (1999):
            Sept. 21, considered and passed House.
            Nov. 5, considered and passed Senate, amended.
            Nov. 16, House agreed to conference report.
            Nov. 19, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
            Nov. 30, Presidential statement.

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