Home > 106th Congressional Bills > H.R. 2280 (enr) To amend title 38, United States Code, to provide a cost-of-living [Enrolled bill] ...H.R. 2280 (enr) To amend title 38, United States Code, to provide a cost-of-living [Enrolled bill] ...
106th CONGRESS
1st Session
H. R. 2280
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide a cost-of-living
adjustment in rates of compensation paid for service-connected
disabilities, to enhance the compensation, memorial affairs, and
housing programs of the Department of Veterans Affairs, to improve
retirement authorities applicable to judges of the United States Court
of Appeals for Veterans Claims, and for other purposes.
106th CONGRESS
1st Session
H. R. 2280
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to provide a cost-of-living
adjustment in rates of compensation paid for service-connected
disabilities, to enhance the compensation, memorial affairs, and
housing programs of the Department of Veterans Affairs, to improve
retirement authorities applicable to judges of the United States Court
of Appeals for Veterans Claims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
Improvement Act of 1999''.
(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.
TITLE I--COMPENSATION
Sec. 101. Increase in rates of disability compensation and dependency
and indemnity compensation.
Sec. 102. Presumption that bronchiolo-alveolar carcinoma is service-
connected.
Sec. 103. Dependency and indemnity compensation for surviving spouses
of former prisoners of war.
Sec. 104. Reinstatement of certain benefits for remarried surviving
spouses of veterans upon termination of
their remarriage.
TITLE II--MEMORIAL AFFAIRS
Subtitle A--American Battle Monuments Commission
Sec. 201. Codification and expansion of authority for World War II
Memorial.
Sec. 202. General authority to solicit and receive contributions.
Sec. 203. Intellectual property and related items.
Sec. 204. Technical amendments.
Subtitle B--National Cemeteries
Sec. 211. Establishment of additional national cemeteries.
Sec. 212. Independent study on improvements to veterans' cemeteries.
TITLE III--HOUSING
Sec. 301. Permanent eligibility for housing loans for former members of
the Selected Reserve.
Sec. 302. Homeless veterans' reintegration programs.
Sec. 303. Transitional housing loan guarantee program technical
amendment.
TITLE IV--COURT OF APPEALS FOR VETERANS CLAIMS
Sec. 401. Authority to prescribe rules and regulations.
Sec. 402. Recall of retired judges.
Sec. 403. Calculation of years of service as a judge.
Sec. 404. Judges' retired pay.
Sec. 405. Survivor annuities.
Sec. 406. Limitation on activities of retired judges.
Sec. 407. Early retirement authority for current judges in order to
provide for staggered terms of judges.
TITLE V--OTHER MATTERS
Sec. 501. Repeal of certain sunset provisions.
Sec. 502. Enhanced quality assurance program within the Veterans
Benefits Administration.
Sec. 503. Extension of Advisory Committee on Minority Veterans.
Sec. 504. Codification of recurring provisions in annual Department of
Veterans Affairs appropriations Acts.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--COMPENSATION
SEC. 101. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY
AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 1999, increase the dollar amounts in effect
for the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b) of
such title.
(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(8) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under subsection
(a) shall be made in the dollar amounts specified in subsection (b) as
in effect on November 30, 1999.
(2) Except as provided in paragraph (3), each such amount shall be
increased by the same percentage as the percentage by which benefit
amounts payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased effective December 1, 1999, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2) shall,
if not a whole dollar amount, be rounded down to the next lower whole
dollar amount.
(d) Special Rule.--The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates of
disability compensation payable to persons within the purview of
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
(e) Publication of Adjusted Rates.--At the same time as the matters
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year 1999, the
Secretary of Veterans Affairs shall publish in the Federal Register the
amounts specified in subsection (b), as increased pursuant to this
section.
SEC. 102. 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.''.
SEC. 103. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES
OF FORMER PRISONERS OF WAR.
(a) Eligibility.--Section 1318(b) is amended--
(1) by striking ``that either--'' in the matter preceding
paragraph (1) and inserting ``rated totally disabling if--'';
and
(2) by adding at the end the following new paragraph:
``(3) the veteran was a former prisoner of war who died
after September 30, 1999, and who had been diagnosed as having
one of the diseases specified in section 1112(b) of this
title.''.
(b) Conforming Amendments.--Such section is further amended--
(1) in paragraph (1)--
(A) by inserting ``the disability'' after ``(1)'';
and
(B) by striking ``or'' after ``death;''; and
(2) in paragraph (2)--
(A) by striking ``if so rated for a lesser period,
was so rated continuously'' and inserting ``the
disability was continuously rated totally disabling'';
and
(B) by striking the period at the end and inserting
``; or''.
SEC. 104. 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) 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 or October 1, 1999, whichever is
later.
(d) 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).
TITLE II--MEMORIAL AFFAIRS
Subtitle A--American Battle Monuments Commission
SEC. 201. 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.--Consistent
with its authority under section 2103(e) of this title, the American
Battle Monuments Commission shall solicit and accept contributions for
the memorial authorized by Public Law 103-32 (40 U.S.C. 1003 note) to
be established by the Commission on Federal land in the District of
Columbia or its environs to honor members of the Armed Forces who
served in World War II and to commemorate the participation of the
United States in that war (hereinafter in this section referred to as
the `World War II memorial').
``(b) Creation of Memorial Fund.--(1) There is hereby created in
the Treasury a fund for the World War II memorial. The fund shall
consist of the following:
``(A) Amounts deposited, and interest and proceeds
credited, under paragraph (2).
``(B) Obligations obtained under paragraph (3).
``(C) The amount of surcharges paid to the Commission for
the World War II memorial under the World War II 50th
Anniversary Commemorative Coins Act (31 U.S.C. 5112 note).
``(D) Amounts borrowed using the authority provided under
subsection (d).
``(E) Any funds received by the Commission under section
2114 of this title in exchange for use of, or the right to use,
any mark, copyright or patent.
``(2) The Chairman of the Commission shall deposit in the fund the
amounts accepted as contributions under subsection (a). The Secretary
of the Treasury shall credit to the fund the interest on, and the
proceeds from sale or redemption of, obligations held in the fund.
``(3) The Secretary shall invest any portion of the fund that, as
determined by the Chairman, is not required to meet current expenses.
Each investment shall be made in an interest-bearing obligation of the
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