S. 1402

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

An Act

To amend title 38, United States Code, to increase the rates of educational assistance

under the Montgomery GI Bill, to improve procedures for the adjustment of

rates of pay for nurses employed by the Department of Veterans Affairs, to

make other improvements in veterans educational assistance, health care, and

benefits programs, 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 and Health Care Improvement Act of 2000’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 38, United States Code.

TITLE I—EDUCATIONAL ASSISTANCE PROVISIONS

Subtitle A—Montgomery GI Bill Educational Assistance

Sec. 101. Increase in rates of basic educational assistance under Montgomery GI

Bill.

Sec. 102. Uniform requirement for high school diploma or equivalency before application for Montgomery GI Bill benefits.

Sec. 103. Repeal of requirement for initial obligated period of active duty as condition of eligibility for Montgomery GI Bill benefits.

Sec. 104. Additional opportunity for certain VEAP participants to enroll in basic

educational assistance under Montgomery GI Bill.

Sec. 105. Increased active duty educational assistance benefit for contributing

members.

Subtitle B—Survivors’ and Dependents’ Educational Assistance

Sec. 111. Increase in rates of survivors’ and dependents’ educational assistance.

Sec. 112. Election of certain recipients of commencement of period of eligibility for

survivors’ and dependents’ educational assistance.

Sec. 113. Adjusted effective date for award of survivors’ and dependents’ educational assistance.

Sec. 114. Availability under survivors’ and dependents’ educational assistance of

preparatory courses for college and graduate school entrance exams.

Subtitle C—General Educational Assistance

Sec. 121. Revision of educational assistance interval payment requirements.

Sec. 122. Availability of education benefits for payment for licensing or certification

tests.

Sec. 123. Increase for fiscal years 2001 and 2002 in aggregate annual amount

available for State approving agencies for administrative expenses.

TITLE II—HEALTH PROVISIONS

Subtitle A—Personnel Matters

Sec. 201. Annual national pay comparability adjustment for nurses employed by

Department of Veterans Affairs.
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Sec. 202. Special pay for dentists.

Sec. 203. Exemption for pharmacists from ceiling on special salary rates.

Sec. 204. Temporary full-time appointments of certain medical personnel.

Sec. 205. Qualifications of social workers.

Sec. 206. Physician assistant adviser to Under Secretary for Health.

Sec. 207. Extension of voluntary separation incentive payments.

Subtitle B—Military Service Issues

Sec. 211. Findings and sense of Congress concerning use of military histories of

veterans in Department of Veterans Affairs health care.

Sec. 212. Study of post-traumatic stress disorder in Vietnam veterans.

Subtitle C—Medical Administration

Sec. 221. Department of Veterans Affairs Fisher Houses.

Sec. 222. Exception to recapture rule.

Sec. 223. Sense of Congress concerning cooperation between the Department of Veterans Affairs and the Department of Defense in the procurement of

medical items.

Sec. 224. Technical and conforming changes.

Subtitle D—Construction Authorization

Sec. 231. Authorization of major medical facility projects.

Sec. 232. Authorization of appropriations.

Subtitle E—Real Property Matters

Sec. 241. Change to enhanced use lease congressional notification period.

Sec. 242. Release of reversionary interest of the United States in certain real property previously conveyed to the State of Tennessee.

Sec. 243. Demolition, environmental cleanup, and reversion of Department of Veterans Affairs Medical Center, Allen Park, Michigan.

Sec. 244. Conveyance of certain property at the Carl Vinson Department of Veterans Affairs Medical Center, Dublin, Georgia.

Sec. 245. Land conveyance, Miles City Department of Veterans Affairs Medical

Center complex, Miles City, Montana.

Sec. 246. Conveyance of Fort Lyon Department of Veterans Affairs Medical Center,

Colorado, to the State of Colorado.

Sec. 247. Effect of closure of Fort Lyon Department of Veterans Affairs Medical

Center on administration of health care for veterans.

TITLE III—COMPENSATION, INSURANCE, HOUSING, EMPLOYMENT, AND

MEMORIAL AFFAIRS PROVISIONS

Subtitle A—Compensation Program Changes

Sec. 301. Strokes and heart attacks incurred or aggravated by members of reserve

components in the performance of duty while performing inactive duty

training to be considered to be service-connected.

Sec. 302. Special monthly compensation for women veterans who lose a breast as

a result of a service-connected disability.

Sec. 303. Benefits for persons disabled by participation in compensated work therapy program.

Sec. 304. Revision to limitation on payments of benefits to incompetent institutionalized veterans.

Sec. 305. Review of dose reconstruction program of the Defense Threat Reduction

Agency.

Subtitle B—Life Insurance Matters

Sec. 311. Premiums for term Service Disabled Veterans’ Insurance for veterans

older than age 70.

Sec. 312. Increase in automatic maximum coverage under Servicemembers’ Group

Life Insurance and Veterans’ Group Life Insurance.

Sec. 313. Eligibility of certain members of the Individual Ready Reserve for

Servicemembers’ Group Life Insurance.

Subtitle C—Housing and Employment Programs

Sec. 321. Elimination of reduction in assistance for specially adapted housing for

disabled veterans for veterans having joint ownership of housing units.

Sec. 322. Veterans employment emphasis under Federal contracts for recently separated veterans.

Sec. 323. Employers required to grant leave of absence for employees to participate

in honor guards for funerals of veterans.
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Subtitle D—Cemeteries and Memorial Affairs

Sec. 331. Eligibility for interment of certain Filipino veterans of World War II in

national cemeteries.

Sec. 332. Payment rate of certain burial benefits for certain Filipino veterans of

World War II.

Sec. 333. Plot allowance for burial in State veterans cemeteries.

TITLE IV—OTHER MATTERS

Sec. 401. Benefits for the children of women Vietnam veterans who suffer from certain birth defects.

Sec. 402. Extension of certain expiring authorities.

Sec. 403. Preservation of certain reporting requirements.

Sec. 404. Technical amendments.

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—EDUCATIONAL ASSISTANCE

PROVISIONS

Subtitle A—Montgomery GI Bill

Educational Assistance

SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE

UNDER MONTGOMERY GI BILL.

(a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.—Section 3015 is

amended—

(1) in subsection (a)(1), by striking ‘‘$528’’ and inserting ‘‘$650’’; and (2) in subsection (b)(1), by striking ‘‘$429’’ and inserting ‘‘$528’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall take effect on November 1, 2000, and shall apply with

respect to educational assistance allowances paid under chapter

30 of title 38, United States Code, for months after October 2000.

SEC. 102. UNIFORM REQUIREMENT FOR HIGH SCHOOL DIPLOMA OR

EQUIVALENCY BEFORE APPLICATION FOR MONTGOMERY

GI BILL BENEFITS.

(a) ACTIVE DUTY PROGRAM.—(1) Section 3011 is amended—

(A) in subsection (a), by striking paragraph (2) and

inserting the following new paragraph (2):

‘‘(2) who completes the requirements of a secondary school

diploma (or equivalency certificate), or successfully completes

(or otherwise receives academic credit for) the equivalent of

12 semester hours in a program of education leading to a

standard college degree, before applying for benefits under this

section; and’’; and

(B) by striking subsection (e).

(2) Section 3017(a)(1)(A)(ii) is amended by striking ‘‘clause

(2)(A)’’ and inserting ‘‘clause (2)’’.

(b) SELECTED RESERVE PROGRAM.—Section 3012 is amended—

(1) in subsection (a), by striking paragraph (2) and inserting

the following new paragraph (2):
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‘‘(2) who completes the requirements of a secondary school

diploma (or equivalency certificate), or successfully completes

(or otherwise receives academic credit for) the equivalent of

12 semester hours in a program of education leading to a

standard college degree, before applying for benefits under this

section; and’’; and

(2) by striking subsection (f).

(c) WITHDRAWAL OF ELECTION NOT TO ENROLL.—Paragraph

(4) of section 3018(b) is amended to read as follows:

‘‘(4) before applying for benefits under this section—

‘‘(A) completes the requirements of a secondary school

diploma (or equivalency certificate); or

‘‘(B) successfully completes (or otherwise receives academic credit for) the equivalent of 12 semester hours in

a program of education leading to a standard college degree;

and’’.

(d) EDUCATIONAL ASSISTANCE PROGRAM FOR MEMBERS OF

SELECTED RESERVE.—Paragraph (2) of section 16132(a) of title 10,

United States Code, is amended to read as follows:

‘‘(2) before applying for benefits under this section, has

completed the requirements of a secondary school diploma (or

an equivalency certificate);’’.

(e) DELIMITING PERIOD.—(1) In the case of an individual

described in paragraph (2), with respect to the time limitation

under section 3031 of title 38, United States Code, for use of

eligibility and entitlement of basic educational assistance under

chapter 30 of such title, the 10-year period applicable under such

section shall begin on the later of—

(A) the date of the enactment of this Act; or

(B) the date of the individual’s last discharge or release

from active duty.

(2) An individual referred to in paragraph (1) is an individual

who—

(A) before the date of the enactment of this Act, was not

eligible for such basic educational assistance by reason of the

requirement of a secondary school diploma (or equivalency certificate) as a condition of eligibility for such assistance as in

effect on the date preceding the date of the enactment of this

Act; and

(B) becomes entitled to basic educational assistance under

section 3011(a)(2), 3012(a)(2), or 3018(b)(4) of title 38, United

States Code, by reason of the amendments made by this section.

SEC. 103. REPEAL OF REQUIREMENT FOR INITIAL OBLIGATED

PERIOD OF ACTIVE DUTY AS CONDITION OF ELIGIBILITY

FOR MONTGOMERY GI BILL BENEFITS.

(a) ACTIVE DUTY PROGRAM.—Section 3011 is amended—

(1) in subsection (a)(1)(A)—

(A) by striking clause (i) and inserting the following

new clause (i):

‘‘(i) who serves an obligated period of active duty

of at least two years of continuous active duty in the

Armed Forces; or’’; and

(B) in clause (ii)(II), by striking ‘‘in the case of an

individual who completed not less than 20 months’’ and

all that follows through ‘‘was at least three years’’ and

inserting ‘‘if, in the case of an individual with an obligated
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period of service of two years, the individual completes

not less than 20 months of continuous active duty under

that period of obligated service, or, in the case of an individual with an obligated period of service of at least three

years, the individual completes not less than 30 months

of continuous active duty under that period of obligated

service’’;

(2) in subsection (d)(1), by striking ‘‘individual’s initial obligated period of active duty’’ and inserting ‘‘obligated period

of active duty on which an individual’s entitlement to assistance

under this section is based’’;

(3) in subsection (h)(2)(A), by striking ‘‘during an initial

period of active duty,’’ and inserting ‘‘during the obligated

period of active duty on which entitlement to assistance under

this section is based,’’; and

(4) in subsection (i), by striking ‘‘initial’’.

(b) SELECTED RESERVE PROGRAM.—Section 3012 is amended—

(1) in subsection (a)(1)(A)(i), by striking ‘‘, as the individual’s’’ and all that follows through ‘‘Armed Forces’’ and inserting

‘‘an obligated period of active duty of at least two years of

continuous active duty in the Armed Forces’’; and

(2) in subsection (e)(1), by striking ‘‘initial’’.

(c) DURATION OF ASSISTANCE.—Section 3013 is amended—

(1) in subsection (a)(2), by striking ‘‘individual’s initial obligated period of active duty’’ and inserting ‘‘obligated period

of active duty on which such entitlement is based’’; and

(2) in subsection (b)(1), by striking ‘‘individual’s initial obligated period of active duty’’ and inserting ‘‘obligated period

of active duty on which such entitlement is based’’.

(d) AMOUNT OF ASSISTANCE.—Section 3015 is amended—

(1) in the second sentence of subsection (a), by inserting

before ‘‘a basic educational assistance allowance’’ the following:

‘‘in the case of an individual entitled to an educational assistance allowance under this chapter whose obligated period of

active duty on which such entitlement is based is three years,’’;

(2) in subsection (b), by striking ‘‘and whose initial obligated

period of active duty is two years,’’ and inserting ‘‘whose obligated period of active duty on which such entitlement is based

is two years,’’; and

(3) in subsection (c)(2), by striking subparagraphs (A) and

(B) and inserting the following new subparagraphs (A) and

(B):

‘‘(A) whose obligated period of active duty on which such

entitlement is based is less than three years;

‘‘(B) who, beginning on the date of the commencement

of such obligated period of active duty, serves a continuous

period of active duty of not less than three years; and’’.

(e) DELIMITING PERIOD.—(1) In the case of an individual

described in paragraph (2), with respect to the time limitation

under section 3031 of title 38, United States Code, for use of

eligibility and entitlement of basic educational assistance under

chapter 30 of such title, the 10-year period applicable under such

section shall begin on the later of—

(A) the date of the enactment of this Act; or

(B) the date of the individual’s last discharge or release

from active duty.
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(2) An individual referred to in paragraph (1) is an individual

who—

(A) before the date of the enactment of this Act, was not

eligible for basic educational assistance under chapter 30 of

such title by reason of the requirement of an initial obligated

period of active duty as condition of eligibility for such assistance as in effect on the date preceding the date of the enactment

of this Act; and

(B) on or after such date becomes eligible for such assistance by reason of the amendments made by this section.

SEC. 104. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICIPANTS TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE

UNDER MONTGOMERY GI BILL.

(a) SPECIAL ENROLLMENT PERIOD.—Section 3018C is amended

by adding at the end the following new subsection:

‘‘(e)(1) A qualified individual (described in paragraph (2)) may

make an irrevocable election under this subsection, during the

one-year period beginning on the date of the enactment of this

subsection, to become entitled to basic educational assistance under

this chapter. Such an election shall be made in the same manner

as elections made under subsection (a)(5).

‘‘(2) A qualified individual referred to in paragraph (1) is an

individual who meets each of the following requirements:

‘‘(A) The individual was a participant in the educational

benefits program under chapter 32 of this title on or before

October 9, 1996.

‘‘(B) The individual has continuously served on active duty

since October 9, 1996 (excluding the periods referred to in

section 3202(1)(C) of this title), through at least April, 1, 2000.

‘‘(C) The individual meets the requirements of subsection

(a)(3).

‘‘(D) The individual, when discharged or released from

active duty, is discharged or released therefrom with an honorable discharge.

‘‘(3)(A) Subject to the succeeding provisions of this paragraph,

with respect to a qualified individual who makes an election under

paragraph (1) to become entitled to basic education assistance under

this chapter—

‘‘(i) the basic pay of the qualified individual shall be reduced

(in a manner determined by the Secretary concerned) until

the total amount by which such basic pay is reduced is $2,700;

and

‘‘(ii) to the extent that basic pay is not so reduced before

the qualified individual’s discharge or release from active duty

as specified in subsection (a)(4), at the election of the qualified

individual—

‘‘(I) the Secretary concerned shall collect from the qualified individual; or

‘‘(II) the Secretary concerned shall reduce the retired

or retainer pay of the qualified individual by,

an amount equal to the difference between $2,700 and the

total amount of reductions under clause (i), which shall be

paid into the Treasury of the United States as miscellaneous

receipts.

‘‘(B)(i) The Secretary concerned shall provide for an 18-month

period, beginning on the date the qualified individual makes an
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election under paragraph (1), for the qualified individual to pay

that Secretary the amount due under subparagraph (A).

‘‘(ii) Nothing in clause (i) shall be construed as modifying the

period of eligibility for and entitlement to basic education assistance

under this chapter applicable under section 3031 of this title.

‘‘(C) The provisions of subsection (c) shall apply to qualified

individuals making elections under this subsection in the same

manner as they applied to individuals making elections under subsection (a)(5).

‘‘(4) With respect to qualified individuals referred to in paragraph (3)(A)(ii), no amount of educational assistance allowance

under this chapter shall be paid to the qualified individual until

the earlier of the date on which—

‘‘(A) the Secretary concerned collects the applicable amount

under subclause (I) of such paragraph; or

‘‘(B) the retired or retainer pay of the qualified individual

is first reduced under subclause (II) of such paragraph.

‘‘(5) The Secretary, in conjunction with the Secretary of Defense,

shall provide for notice to participants in the educational benefits

program under chapter 32 of this title of the opportunity under

this subsection to elect to become entitled to basic educational

assistance under this chapter.’’.

(b) CONFORMING AMENDMENT.—Section 3018C(b) is amended

by striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a) or (e)’’.

(c) COORDINATION PROVISIONS.—(1) If this Act is enacted before

the provisions of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 are enacted into law, section 1601

of that Act, including the amendments made by that section, shall

not take effect. If this Act is enacted after the provisions of the

Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001 are enacted into law, then as of the enactment of this

Act, the amendments made by section 1601 of that Act shall be

deemed for all purposes not to have taken effect and that section

shall cease to be in effect.

(2) If the Veterans Claims Assistance Act of 2000 is enacted

before the provisions of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 are enacted into law, section

1611 of the Floyd D. Spence National Defense Authorization Act

for Fiscal Year 2001, including the amendments made by that

section, shall not take effect. If the Veterans Claims Assistance

Act of 2000 is enacted after the provisions of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001 are enacted

into law, then as of the enactment of the Veterans Claims Assistance Act of 2000, the amendments made by section 1611 of the

Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001 shall be deemed for all purposes not to have taken

effect and that section shall cease to be in effect.

SEC. 105. INCREASED ACTIVE DUTY EDUCATIONAL ASSISTANCE BENEFIT FOR CONTRIBUTING MEMBERS.

(a) AUTHORITY TO MAKE CONTRIBUTIONS FOR INCREASED

ASSISTANCE AMOUNT.—(1) Section 3011, as amended by section

102(a)(1)(B), is amended by inserting after subsection (d) the following new subsection (e):

‘‘(e)(1) Any individual eligible for educational assistance under

this section who does not make an election under subsection (c)(1)

may contribute amounts for purposes of receiving an increased
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amount of basic educational assistance as provided for under section

3015(g) of this title. Such contributions shall be in addition to

any reductions in the basic pay of such individual under subsection

(b).

‘‘(2) An individual covered by paragraph (1) may make the

contributions authorized by that paragraph at any time while on

active duty.

‘‘(3) The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions

shall be made in multiples of $4.

‘‘(4) Contributions under this subsection shall be made to the

Secretary. The Secretary shall deposit any amounts received by

the Secretary as contributions under this subsection into the

Treasury as miscellaneous receipts.’’.

(2) Section 3012, as amended by section 102(b)(2), is amended

by inserting after subsection (e) the following new subsection (f):

‘‘(f)(1) Any individual eligible for educational assistance under

this section who does not make an election under subsection (d)(1)

may contribute amounts for purposes of receiving an increased

amount of basic educational assistance as provided for under section

3015(g) of this title. Such contributions shall be in addition to

any reductions in the basic pay of such individual under subsection

(c).

‘‘(2) An individual covered by paragraph (1) may make the

contributions authorized by that paragraph at any time while on

active duty.

‘‘(3) The total amount of the contributions made by an individual under paragraph (1) may not exceed $600. Such contributions

shall be made in multiples of $4.

‘‘(4) Contributions under this subsection shall be made to the

Secretary. The Secretary shall deposit any amounts received by

the Secretary as contributions under this subsection into the

Treasury as miscellaneous receipts.’’.

(b) INCREASED ASSISTANCE AMOUNT.—Section 3015 is

amended—

(1) by striking ‘‘subsection (g)’’ each place it appears in

subsections (a)(1) and (b)(1) and inserting ‘‘subsection (h)’’;

(2) by redesignating subsection (g) as subsection (h); and

(3) by inserting after subsection (f) the following new subsection (g):

‘‘(g) In the case of an individual who has made contributions

authorized by section 3011(e) or 3012(f) of this title, the monthly

amount of basic educational assistance allowance applicable to such

individual under subsection (a), (b), or (c) shall be the monthly

rate otherwise provided for under the applicable subsection

increased by—

‘‘(1) an amount equal to $1 for each $4 contributed by

such individual under section 3011(e) or 3012(f), as the case

may be, for an approved program of education pursued on

a full-time basis; or

‘‘(2) an appropriately reduced amount based on the amount

so contributed, as determined under regulations which the Secretary shall prescribe, for an approved program of education

pursued on less than a full-time basis.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on May 1, 2001.
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(d) TRANSITIONAL PROVISION FOR INDIVIDUALS DISCHARGED

BETWEEN ENACTMENT AND EFFECTIVE DATE.—(1) During the period

beginning on May 1, 2001, and ending on July 31, 2001, an individual described in paragraph (2) may make contributions under

section 3011(e) or 3012(f) of title 38, United States Code (as added

by subsection (a)), whichever is applicable to that individual, without regard to paragraph (2) of that section and otherwise in the

same manner as an individual eligible for educational assistance

under chapter 30 of such title who is on active duty.

(2) Paragraph (1) applies in the case of an individual who—

(A) is discharged or released from active duty during the

period beginning on the date of the enactment of this Act

and ending on April 30, 2001; and

(B) is eligible for educational assistance under chapter

30 of title 38, United States Code.

Subtitle B—Survivors’ and Dependents’

Educational Assistance

SEC. 111. INCREASE IN RATES OF SURVIVORS’ AND DEPENDENTS’

EDUCATIONAL ASSISTANCE.

(a) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.—

Section 3532 is amended—

(1) in subsection (a)(1)—

(A) by striking ‘‘$485’’ and inserting ‘‘$588’’;

(B) by striking ‘‘$365’’ and inserting ‘‘$441’’; and

(C) by striking ‘‘$242’’ and inserting ‘‘$294’’; (2) in subsection (a)(2), by striking ‘‘$485’’ and inserting ‘‘$588’’;

(3) in subsection (b), by striking ‘‘$485’’ and inserting ‘‘$588’’; and

(4) in subsection (c)(2)—

(A) by striking ‘‘$392’’ and inserting ‘‘$475’’;

(B) by striking ‘‘$294’’ and inserting ‘‘$356’’; and

(C) by striking ‘‘$196’’ and inserting ‘‘$238’’.

(b) CORRESPONDENCE COURSE.—Section 3534(b) is amended by striking ‘‘$485’’ and inserting ‘‘$588’’.

(c) SPECIAL RESTORATIVE TRAINING.—Section 3542(a) is

amended—

(1) by striking ‘‘$485’’ and inserting ‘‘$588’’;

(2) by striking ‘‘$152’’ each place it appears and inserting ‘‘$184’’; and

(3) by striking ‘‘$16.16’’ and all that follows and inserting

‘‘such increased amount of allowance that is equal to onethirtieth of the full-time basic monthly rate of special training

allowance.’’.

(d) APPRENTICESHIP TRAINING.—Section 3687(b)(2) is

amended—

(1) by striking ‘‘$353’’ and inserting ‘‘$428’’;

(2) by striking ‘‘$264’’ and inserting ‘‘$320’’;

(3) by striking ‘‘$175’’ and inserting ‘‘$212’’; and

(4) by striking ‘‘$88’’ and inserting ‘‘$107’’.

(e) EFFECTIVE DATE.—The amendments made by subsections

(a) through (d) shall take effect on November 1, 2000, and shall

apply with respect to educational assistance allowances paid under
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chapter 35 of title 38, United States Code, for months after October

2000.

(f) ANNUAL ADJUSTMENTS TO AMOUNTS OF ASSISTANCE.— (1) CHAPTER 35.—(A) Subchapter VI of chapter 35 is

amended by adding at the end the following new section:

‘‘§ 3564. Annual adjustment of amounts of educational assistance

‘‘With respect to any fiscal year, the Secretary shall provide

a percentage increase (rounded to the nearest dollar) in the rates

payable under sections 3532, 3534(b), and 3542(a) of this title

equal to the percentage by which—

‘‘(1) the Consumer Price Index (all items, United States

city average) for the 12-month period ending on the June 30

preceding the beginning of the fiscal year for which the increase

is made, exceeds

‘‘(2) such Consumer Price Index for the 12-month period

preceding the 12-month period described in paragraph (1).’’.

(B) The table of sections at the beginning of chapter 35

is amended by inserting after the item relating to section 3563

the following new item:

‘‘3564. Annual adjustment of amounts of educational assistance.’’.

(2) CHAPTER 36.—Section 3687 is amended by adding at

the end the following new subsection:

‘‘(d) With respect to any fiscal year, the Secretary shall provide

a percentage increase (rounded to the nearest dollar) in the rates

payable under subsection (b)(2) equal to the percentage by which—

‘‘(1) the Consumer Price Index (all items, United States

city average) for the 12-month period ending on the June 30

preceding the beginning of the fiscal year for which the increase

is made, exceeds

‘‘(2) such Consumer Price Index for the 12-month period

preceding the 12-month period described in paragraph (1).’’.

(3) EFFECTIVE DATE.—Sections 3654 and 3687(d) of title

38, United States Code, as added by this subsection, shall

take effect on October 1, 2001.

SEC. 112. ELECTION OF CERTAIN RECIPIENTS OF COMMENCEMENT

OF PERIOD OF ELIGIBILITY FOR SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.

Section 3512(a)(3) is amended by striking ‘‘8 years after,’’ and

all that follows through the end and inserting ‘‘8 years after the

date that is elected by that person to be the beginning date of

entitlement under section 3511 of this title or subchapter V of

this chapter if—

‘‘(A) the Secretary approves that beginning date;

‘‘(B) the eligible person makes that election after the

person’s eighteenth birthday but before the person’s

twenty-sixth birthday; and

‘‘(C) that beginning date—

‘‘(i) in the case of a person whose eligibility is

based on a parent who has a service-connected total

disability permanent in nature, is between the dates

described in subsection (d); and

‘‘(ii) in the case of a person whose eligibility is

based on the death of a parent, is between—

‘‘(I) the date of the parent’s death; and
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‘‘(II) the date of the Secretary’s decision that

the death was service-connected;’’.

SEC. 113. ADJUSTED EFFECTIVE DATE FOR AWARD OF SURVIVORS’

AND DEPENDENTS’ EDUCATIONAL ASSISTANCE.

(a) IN GENERAL.—Section 5113 is amended—

(1) by redesignating subsection (b) as subsection (c);

(2) in subsection (a), by striking ‘‘subsection (b) of this

section’’ and inserting ‘‘subsections (b) and (c)’’; and

(3) by inserting after subsection (a) the following new subsection:

‘‘(b)(1) When determining the effective date of an award under

chapter 35 of this title for an individual described in paragraph

(2) based on an original claim, the Secretary may consider the

individual’s application as having been filed on the eligibility date

of the individual if that eligibility date is more than one year

before the date of the initial rating decision.

‘‘(2) An individual referred to in paragraph (1) is an eligible

person who—

‘‘(A) submits to the Secretary an original application for

educational assistance under chapter 35 of this title within

one year of the date that the Secretary makes the rating

decision;

‘‘(B) claims such educational assistance for pursuit of an

approved program of education during a period preceding the

one-year period ending on the date on which the application

was received by the Secretary; and

‘‘(C) would have been entitled to such educational assistance for such course pursuit if the individual had submitted

such an application on the individual’s eligibility date.

‘‘(3) In this subsection:

‘‘(A) The term ‘eligibility date’ means the date on which

an individual becomes an eligible person.

‘‘(B) The term ‘eligible person’ has the meaning given that

term under section 3501(a)(1) of this title under subparagraph

(A)(i), (A)(ii), (B), or (D) of such section by reason of either

(i) the service-connected death or (ii) service-connected total

disability permanent in nature of the veteran from whom such

eligibility is derived.

‘‘(C) The term ‘initial rating decision’ means with respect

to an eligible person a decision made by the Secretary that

establishes (i) service connection for such veteran’s death or

(ii) the existence of such veteran’s service-connected total disability permanent in nature, as the case may be.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall apply to applications first made under section 3513 of

title 38, United States Code, that—

(1) are received on or after the date of the enactment

of this Act; or

(2) on the date of the enactment of this Act, are pending

(A) with the Secretary of Veterans Affairs, or (B) exhaustion

of available administrative and judicial remedies.
S. 1402—12

SEC. 114. AVAILABILITY UNDER SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE OF PREPARATORY COURSES FOR

COLLEGE AND GRADUATE SCHOOL ENTRANCE EXAMS.

(a) IN GENERAL.—Section 3501(a)(5) is amended by adding at

the end the following new sentence: ‘‘Such term also includes any

preparatory course described in section 3002(3)(B) of this title.’’.

(b) SCOPE OF AVAILABILITY.—Section 3512(a) is amended—

(1) by striking ‘‘and’’ at the end of clause (5);

(2) by striking the period at the end of clause (6) and

inserting ‘‘; and’’; and

(3) by adding at the end the following:

‘‘(7) if the person is pursuing a preparatory course described

in section 3002(3)(B) of this title, such period may begin on

the date that is the first day of such course pursuit, notwithstanding that such date may be before the person’s eighteenth

birthday, except that in no case may such person be afforded

educational assistance under this chapter for pursuit of secondary schooling unless such course pursuit would otherwise

be authorized under this subsection.’’.

Subtitle C—General Educational

Assistance

SEC. 121. REVISION OF EDUCATIONAL ASSISTANCE INTERVAL PAYMENT REQUIREMENTS.

(a) IN GENERAL.—Subclause (C) of the third sentence of section

3680(a) is amended to read as follows:

‘‘(C) during periods between school terms where the educational institution certifies the enrollment of the eligible veteran or eligible person on an individual term basis if (i) the

period between those terms does not exceed eight weeks, and

(ii) both the terms preceding and following the period are

not shorter in length than the period.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to payments of educational assistance

under title 38, United States Code, for months beginning on or

after the date of the enactment of this Act.

SEC. 122. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR

LICENSING OR CERTIFICATION TESTS.

(a) IN GENERAL.—Sections 3452(b) and 3501(a)(5) (as amended

by section 114(a)) are each amended by adding at the end the

following new sentence: ‘‘Such term also includes licensing or certification tests, the successful completion of which demonstrates an

individual’s possession of the knowledge or skill required to enter

into, maintain, or advance in employment in a predetermined and

identified vocation or profession, provided such tests and the

licensing or credentialing organizations or entities that offer such

tests are approved by the Secretary in accordance with section

3689 of this title.’’.

(b) AMOUNT OF PAYMENT.—

(1) CHAPTER 30.—Section 3032 is amended by adding at

the end the following new subsection:

‘‘(f)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or certification
S. 1402—13

test described in section 3452(b) of this title is the lesser of $2,000

or the fee charged for the test.

‘‘(2) The number of months of entitlement charged in the case

of any individual for such licensing or certification test is equal

to the number (including any fraction) determined by dividing the

total amount of educational assistance paid such individual for

such test by the full-time monthly institutional rate of educational

assistance which, except for paragraph (1), such individual would

otherwise be paid under subsection (a)(1), (b)(1), (d), or (e)(1) of

section 3015 of this title, as the case may be.

‘‘(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.’’.

(2) CHAPTER 32.—Section 3232 is amended by adding at

the end the following new subsection:

‘‘(c)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or certification

test described in section 3452(b) of this title is the lesser of $2,000

or the fee charged for the test.

‘‘(2) The number of months of entitlement charged in the case

of any individual for such licensing or certification test is equal

to the number (including any fraction) determined by dividing the

total amount paid to such individual for such test by the fulltime monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter.

‘‘(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.’’.

(3) CHAPTER 34.—Section 3482 is amended by adding at

the end the following new subsection:

‘‘(h)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or certification

test described in section 3452(b) of this title is the lesser of $2,000

or the fee charged for the test.

‘‘(2) The number of months of entitlement charged in the case

of any individual for such licensing or certification test is equal

to the number (including any fraction) determined by dividing the

total amount paid to such individual for such test by the fulltime monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter.

‘‘(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.’’.

(4) CHAPTER 35.—Section 3532 is amended by adding at

the end the following new subsection:

‘‘(f)(1) Subject to paragraph (3), the amount of educational

assistance payable under this chapter for a licensing or certification

test described in section 3501(a)(5) of this title is the lesser of

$2,000 or the fee charged for the test.

‘‘(2) The number of months of entitlement charged in the case

of any individual for such licensing or certification test is equal

to the number (including any fraction) determined by dividing the

total amount paid to such individual for such test by the full-
S. 1402—14

time monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter.

‘‘(3) In no event shall payment of educational assistance under

this subsection for such a test exceed the amount of the individual’s

available entitlement under this chapter.’’.

(c) REQUIREMENTS FOR LICENSING AND CREDENTIALING

TESTING.—(1) Chapter 36 is amended by inserting after section

3688 the following new section:

‘‘§ 3689. Approval requirements for licensing and certification testing

‘‘(a) IN GENERAL.—(1) No payment may be made for a licensing

or certification test described in section 3452(b) or 3501(a)(5) of

this title unless the Secretary determines that the requirements

of this section have been met with respect to such test and the

organization or entity offering the test. The requirements of

approval for tests and organizations or entities offering tests shall

be in accordance with the provisions of this chapter and chapters

30, 32, 34, and 35 of this title and with regulations prescribed

by the Secretary to carry out this section.

‘‘(2) To the extent that the Secretary determines practicable,

State approving agencies may, in lieu of the Secretary, approve

licensing and certification tests, and organizations and entities

offering such tests, under this section.

‘‘(b) REQUIREMENTS FOR TESTS.—(1) Subject to paragraph (2),

a licensing or certification test is approved for purposes of this

section only if—

‘‘(A) the test is required under Federal, State, or local

law or regulation for an individual to enter into, maintain,

or advance in employment in a predetermined and identified

vocation or profession; or

‘‘(B) the Secretary determines that the test is generally

accepted, in accordance with relevant government, business,

or industry standards, employment policies, or hiring practices,

as attesting to a level of knowledge or skill required to qualify

to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession.

‘‘(2) A licensing or certification test offered by a State, or

a political subdivision of a State, is deemed approved by the Secretary for purposes of this section.

‘‘(c) REQUIREMENTS FOR ORGANIZATIONS OR ENTITIES OFFERING

TESTS.—(1) Each organization or entity that is not an entity of

the United States, a State, or political subdivision of a State,

that offers a licensing or certification test for which payment may

be made under chapter 30, 32, 34, or 35 of this title and that

meets the following requirements, shall be approved by the Secretary to offer such test:

‘‘(A) The organization or entity certifies to the Secretary

that the licensing or certification test offered by the organization or entity is generally accepted, in accordance with relevant

government, business, or industry standards, employment policies, or hiring practices, as attesting to a level of knowledge

or skill required to qualify to enter into, maintain, or advance

in employment in a predetermined and identified vocation or

profession.
S. 1402—15

‘‘(B) The organization or entity is licensed, chartered, or

incorporated in a State and has offered the test for a minimum

of two years before the date on which the organization or

entity first submits to the Secretary an application for approval

under this section.

‘‘(C) The organization or entity employs, or consults with,

individuals with expertise or substantial experience with

respect to all areas of knowledge or skill that are measured

by the test and that are required for the license or certificate

issued.

‘‘(D) The organization or entity has no direct financial

interest in—

‘‘(i) the outcome of the test; or

‘‘(ii) organizations that provide the education or

training of candidates for licenses or certificates required

for vocations or professions.

‘‘(E) The organization or entity maintains appropriate

records with respect to all candidates who take the test for

a period prescribed by the Secretary, but in no case for a

period of less than three years.

‘‘(F)(i) The organization or entity promptly issues notice

of the results of the test to the candidate for the license or

certificate.

‘‘(ii) The organization or entity has in place a process

to review complaints submitted against the organization or

entity with respect to the test or the process for obtaining

a license or certificate required for vocations or professions.

‘‘(G) The organization or entity furnishes to the Secretary

such information with respect to the test as the Secretary

requires to determine whether payment may be made for the

test under chapter 30, 32, 34, or 35 of this title, including

personal identifying information, fee payment, and test results.

Such information shall be furnished in the form prescribed

by the Secretary.

‘‘(H) The organization or entity furnishes to the Secretary

the following information:

‘‘(i) A description of the licensing or certification test

offered by the organization or entity, including the purpose

of the test, the vocational, professional, governmental, and

other entities that recognize the test, and the license or

certificate issued upon successful completion of the test.

‘‘(ii) The requirements to take the test, including the

amount of the fee charged for the test and any prerequisite

education, training, skills, or other certification.

‘‘(iii) The period for which the license or certificate

awarded upon successful completion of the test is valid,

and the requirements for maintaining or renewing the

license or certificate.

‘‘(I) Upon request of the Secretary, the organization or

entity furnishes such information to the Secretary that the

Secretary determines necessary to perform an assessment of—

‘‘(i) the test conducted by the organization or entity

as compared to the level of knowledge or skills that a

license or certificate attests; and

‘‘(ii) the applicability of the test over such periods of

time as the Secretary determines appropriate.
S. 1402—16

‘‘(2) With respect to each organization or entity that is an

entity of the United States, a State, or political subdivision of

a State, that offers a licensing or certification test for which payment may be made under chapters 30, 32, 34, or 35 of this title,

the following provisions of paragraph (1) shall apply to the entity:

subparagraphs (E), (F), (G), and (H).

‘‘(d) ADMINISTRATION.—Except as otherwise specifically provided in this section or chapter 30, 32, 34, or 35 of this title,

in implementing this section and making payment under any such

chapter for a licensing or certification test, the test is deemed

to be a ‘course’ and the organization or entity that offers such

test is deemed to be an ‘institution’ or ‘educational institution’,

respectively, as those terms are applied under and for purposes

of sections 3671, 3673, 3674, 3678, 3679, 3681, 3682, 3683, 3685,

3690, and 3696 of this title.

‘‘(e) PROFESSIONAL CERTIFICATION AND LICENSURE ADVISORY

COMMITTEE.—(1) There is established within the Department a

committee to be known as the Professional Certification and Licensure Advisory Committee (hereinafter in this section referred to

as the ‘Committee’).

‘‘(2) The Committee shall advise the Secretary with respect

to the requirements of organizations or entities offering licensing

and certification tests to individuals for which payment for such

tests may be made under chapter 30, 32, 34, or 35 of this title,

and such other related issues as the Committee determines to

be appropriate.

‘‘(3)(A) The Secretary shall appoint seven individuals with

expertise in matters relating to licensing and certification tests

to serve as members of the Committee.

‘‘(B) The Secretary of Labor and the Secretary of Defense shall

serve as ex officio members of the Committee.

‘‘(C) A vacancy in the Committee shall be filled in the manner

in which the original appointment was made.

‘‘(4)(A) The Secretary shall appoint the chairman of the Committee.

‘‘(B) The Committee shall meet at the call of the chairman.

‘‘(5) The Committee shall terminate December 31, 2006.’’.

(2) The table of sections at the beginning of chapter 36 is

amended by inserting after the item relating to section 3688 the

following new item:

‘‘3689. Approval requirements for licensing and certification testing.’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect on March 1, 2001, and shall apply with respect

to licensing and certification tests approved by the Secretary of

Veterans Affairs on or after such date.

(e) STARTUP FUNDING.—From amounts appropriated to the

Department of Veterans Affairs for fiscal year 2001 for readjustment

benefits, the Secretary of Veterans Affairs shall use an amount

not to exceed $3,000,000 to develop the systems and procedures

required to make payments under chapters 30, 32, 34, and 35

of title 38, United States Code, for licensing and certification tests.

SEC. 123. INCREASE FOR FISCAL YEARS 2001 AND 2002 IN AGGREGATE

ANNUAL AMOUNT AVAILABLE FOR STATE APPROVING

AGENCIES FOR ADMINISTRATIVE EXPENSES.

Section 3674(a)(4) is amended—
S. 1402—17

(1) in the first sentence, by inserting ‘‘or, for each of fiscal years 2001 and 2002, $14,000,000’’ after ‘‘$13,000,000’’; and (2) in the second sentence, by striking ‘‘$13,000,000’’ both

places it appears and inserting ‘‘the amount applicable to that

fiscal year under the preceding sentence’’.

TITLE II—HEALTH PROVISIONS

Subtitle A—Personnel Matters

SEC. 201. ANNUAL NATIONAL PAY COMPARABILITY ADJUSTMENT FOR

NURSES EMPLOYED BY DEPARTMENT OF VETERANS

AFFAIRS.

(a) REVISED PAY ADJUSTMENT PROCEDURES.—(1) Subsection (d)

of section 7451 is amended—

(A) in paragraph (1)—

(i) by striking ‘‘The rates’’ and inserting ‘‘Subject to

subsection (e), the rates’’; and

(ii) in subparagraph (A)—

(I) by striking ‘‘section 5305’’ and inserting ‘‘section

5303’’; and

(II) by inserting ‘‘and to be by the same percentage’’

after ‘‘to have the same effective date’’;

(B) in paragraph (2), by striking ‘‘Such’’ in the second

sentence and inserting ‘‘Except as provided in paragraph (1)(A),

such’’;

(C) in paragraph (3)(B)—

(i) by inserting after the first sentence the following

new sentence: ‘‘To the extent practicable, the director shall

use third-party industry wage surveys to meet the requirements of the preceding sentence.’’;

(ii) by inserting before the penultimate sentence the

following new sentence: ‘‘To the extent practicable, all surveys conducted pursuant to this subparagraph or subparagraph (A) shall include the collection of salary midpoints,

actual salaries, lowest and highest salaries, average salaries, bonuses, incentive pays, differential pays, actual

beginning rates of pay, and such other information needed

to meet the purpose of this section.’’; and

(iii) in the penultimate sentence, by inserting ‘‘or published’’ after ‘‘completed’’; and

(D) by striking clause (iii) of paragraph (3)(C).

(2) Subsection (e) of such section is amended to read as follows:

‘‘(e)(1) An adjustment in a rate of basic pay under subsection

(d) may not reduce the rate of basic pay applicable to any grade

of a covered position.

‘‘(2) The director of a Department health-care facility, in determining whether to carry out a wage survey under subsection (d)(3)

with respect to rates of basic pay for a grade of a covered position,

may not consider as a factor in such determination the absence

of a current recruitment or retention problem for personnel in

that grade of that position. The director shall make such a determination based upon whether, in accordance with criteria established by the Secretary, there is a significant pay-related staffing

problem at that facility in any grade for a position. If the director

determines that there is such a problem, or that such a problem
S. 1402—18

is likely to exist in the near future, the Director shall provide

for a wage survey in accordance with subsection (d)(3).

‘‘(3) The Under Secretary for Health may, to the extent necessary to carry out the purposes of subsection (d), modify any

determination made by the director of a Department health-care

facility with respect to adjusting the rates of basic pay applicable

to covered positions. If the determination of the director would

result in an adjustment in rates of basic pay applicable to covered

positions, any action by the Under Secretary under the preceding

sentence shall be made before the effective date of such pay adjustment. Upon such action by the Under Secretary, any adjustment

shall take effect on the first day of the first pay period beginning

after such action. The Secretary shall ensure that the Under Secretary establishes a mechanism for the timely exercise of the

authority in this paragraph.

‘‘(4) Each director of a Department health-care facility shall

provide to the Secretary, not later than July 31 each year, a report

on staffing for covered positions at that facility. The report shall

include the following:

‘‘(A) Information on turnover rates and vacancy rates for

each grade in a covered position, including a comparison of

those rates with the rates for the preceding three years.

‘‘(B) The director’s findings concerning the review and

evaluation of the facility’s staffing situation, including whether

there is, or is likely to be, in accordance with criteria established

by the Secretary, a significant pay-related staffing problem

at that facility for any grade of a covered position and, if

so, whether a wage survey was conducted, or will be conducted

with respect to that grade.

‘‘(C) In any case in which the director conducts such a

wage survey during the period covered by the report, information describing the survey and any actions taken or not taken

based on the survey, and the reasons for taking (or not taking)

such actions.

‘‘(D) In any case in which the director, after finding that

there is, or is likely to be, in accordance with criteria established

by the Secretary, a significant pay-related staffing problem

at that facility for any grade of a covered position, determines

not to conduct a wage survey with respect to that position,

a statement of the reasons why the director did not conduct

such a survey.

‘‘(5) Not later than September 30 of each year, the Secretary

shall submit to the Committees on Veterans’ Affairs of the Senate

and House of Representatives a report on staffing for covered positions at Department health care facilities. Each such report shall

include the following:

‘‘(A) A summary and analysis of the information contained

in the most recent reports submitted by facility directors under

paragraph (4).

‘‘(B) The information for each such facility specified in

paragraph (4).’’.

(3) Subsection (f) of such section is amended—

(A) by striking ‘‘February 1 of 1991, 1992, and 1993’’ and

inserting ‘‘March 1 of each year’’; and

(B) by striking ‘‘subsection (d)(1)(A)’’ and inserting ‘‘subsection (d)’’.
S. 1402—19

(4) Such section is further amended by striking subsection

(g) and redesignating subsection (h) as subsection (g).

(b) REQUIRED CONSULTATIONS WITH NURSES.—(1) Subchapter

II of chapter 73 is further amended by adding at the end the

following new section:

‘‘§ 7323. Required consultations with nurses

‘‘The Under Secretary for Health shall ensure that—

‘‘(1) the director of a geographic service area, in formulating

policy relating to the provision of patient care, shall consult

regularly with a senior nurse executive or senior nurse executives; and

‘‘(2) the director of a medical center shall include a registered nurse as a member of any committee used at that

medical center to provide recommendations or decisions on

medical center operations or policy affecting clinical services,

clinical outcomes, budget, or resources.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 7322

the following new item:

‘‘7323. Required consultations with nurses.’’.

SEC. 202. SPECIAL PAY FOR DENTISTS.

(a) FULL-TIME STATUS PAY.—Paragraph (1) of section 7435(b)

is amended by striking ‘‘$3,500’’ and inserting ‘‘$9,000’’.

(b) TENURE PAY.—The table in paragraph (2)(A) of that section

is amended to read as follows:

‘‘Length of Service

Rate

Minimum Maximum

1 year but less than 2 years ....................................... $1,000 $2,000

2 years but less than 4 years ..................................... 4,000 5,000

4 years but less than 8 years ..................................... 5,000 8,000

8 years but less than 12 years ................................... 8,000 12,000

12 years but less than 20 years ................................. 12,000 15,000

20 years or more .......................................................... 15,000 18,000.’’.

(c) SCARCE SPECIALTY PAY.—Paragraph (3)(A) of that section

is amended by striking ‘‘$20,000’’ and inserting ‘‘$30,000’’.

(d) RESPONSIBILITY PAY.—(1) The table in paragraph (4)(A)

of that section is amended to read as follows:

‘‘Position

Rate

Minimum Maximum

Chief of Staff or in an Executive Grade .................... $14,500 $25,000

Director Grade ............................................................. 0 25,000

Service Chief (or in a comparable position as determined by the Secretary) .......................................... 4,500 15,000.’’.

(2) The table in paragraph (4)(B) of that section is amended

to read as follows:
S. 1402—20

‘‘Position Rate

Deputy Service Director ...................................................................... $20,000

Service Director ................................................................................... 25,000

Deputy Assistant Under Secretary for Health ................................. 27,500

Assistant Under Secretary for Health (or in a comparable position

as determined by the Secretary) .................................................... 30,000.’’.

(e) GEOGRAPHIC PAY.—Paragraph (6) of that section is amended

by striking ‘‘$5,000’’ and inserting ‘‘$12,000’’.

(f) SPECIAL PAY FOR POST-GRADUATE TRAINING.—Such section

is further amended by adding at the end the following new paragraph:

‘‘(8) For a dentist who has successfully completed a postgraduate year of hospital-based training in a program accredited by the American Dental Association, an annual rate of

$2,000 for each of the first two years of service after successful

completion of that training.’’.

(g) CREDITING OF INCREASED TENURE PAY FOR CIVIL SERVICE

RETIREMENT.—Section 7438(b) is amended—

(1) by redesignating paragraph (5) as paragraph (6); and

(2) by inserting after paragraph (4) the following new paragraph (5):

‘‘(5) Notwithstanding paragraphs (1) and (2), a dentist employed

as a dentist in the Veterans Health Administration on the date

of the enactment of the Veterans Benefits and Health Care Improvement Act of 2000 shall be entitled to have special pay paid to

the dentist under section 7435(b)(2)(A) of this title (referred to

as ‘tenure pay’) considered basic pay for the purposes of chapter

83 or 84, as appropriate, of title 5 only as follows:

‘‘(A) In an amount equal to the amount that would have

been so considered under such section on the day before such

date based on the rates of special pay the dentist was entitled

to receive under that section on the day before such date.

‘‘(B) With respect to any amount of special pay received

under that section in excess of the amount such dentist was

entitled to receive under such section on the day before such

date, in an amount equal to 25 percent of such excess amount

for each two years that the physician or dentist has completed

as a physician or dentist in the Veterans Health Administration

after such date.’’.

(h) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to agreements entered into by dentists

under subchapter III of chapter 74 of title 38, United States Code,

on or after the date of the enactment of this Act.

(i) TRANSITION.—In the case of an agreement entered into by

a dentist under subchapter III of chapter 74 of title 38, United

States Code, before the date of the enactment of this Act that

expires after that date, the Secretary of Veterans Affairs and the

dentist concerned may agree to terminate that agreement as of

the date of the enactment of this Act in order to permit a new

agreement in accordance with section 7435 of such title, as amended

by this section, to take effect as of that date.

SEC. 203. EXEMPTION FOR PHARMACISTS FROM CEILING ON SPECIAL

SALARY RATES.

Section 7455(c)(1) is amended by inserting ‘‘, pharmacists,’’

after ‘‘anesthetists’’.
S. 1402—21

SEC. 204. TEMPORARY FULL-TIME APPOINTMENTS OF CERTAIN MEDICAL PERSONNEL.

(a) PHYSICIAN ASSISTANTS AWAITING CERTIFICATION OR LICENSURE.—Paragraph (2) of section 7405(c) is amended to read as

follows:

‘‘(2) A temporary full-time appointment may not be made for

a period in excess of two years in the case of a person who—

‘‘(A) has successfully completed—

‘‘(i) a full course of nursing in a recognized school

of nursing, approved by the Secretary; or

‘‘(ii) a full course of training for any category of personnel described in paragraph (3) of section 7401 of this

title, or as a physician assistant, in a recognized education

or training institution approved by the Secretary; and

‘‘(B) is pending registration or licensure in a State or certification by a national board recognized by the Secretary.’’.

(b) MEDICAL SUPPORT PERSONNEL.—That section is further

amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3)(A) Temporary full-time appointments of persons in positions referred to in subsection (a)(1)(D) shall not exceed three years.

‘‘(B) Temporary full-time appointments under this paragraph

may be renewed for one or more additional periods not in excess

of three years each.’’.

SEC. 205. QUALIFICATIONS OF SOCIAL WORKERS.

Section 7402(b)(9) is amended by striking ‘‘a person must’’

and all that follows and inserting ‘‘a person must—

‘‘(A) hold a master’s degree in social work from a college

or university approved by the Secretary; and

‘‘(B) be licensed or certified to independently practice social

work in a State, except that the Secretary may waive the

requirement of licensure or certification for an individual social

worker for a reasonable period of time recommended by the

Under Secretary for Health.’’.

SEC. 206. PHYSICIAN ASSISTANT ADVISER TO UNDER SECRETARY FOR

HEALTH.

Section 7306(a) is amended—

(1) by redesignating paragraph (9) as paragraph (10); and

(2) by inserting after paragraph (8) the following new paragraph (9):

‘‘(9) The Advisor on Physician Assistants, who shall be

a physician assistant with appropriate experience and who

shall advise the Under Secretary for Health on all matters

relating to the utilization and employment of physician assistants in the Administration.’’.

SEC. 207. EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAYMENTS.

The Department of Veterans Affairs Employment Reduction

Assistance Act of 1999 (title XI of Public Law 106–117; 5 U.S.C.

5597 note) is amended as follows:

(1) Section 1102(c) is amended to read as follows:
S. 1402—22

‘‘(c) LIMITATION.—The plan under subsection (a) shall be limited

to a total of 7,734 positions within the Department, allocated among

the elements of the Department as follows:

‘‘(1) The Veterans Health Administration, 6,800 positions.

‘‘(2) The Veterans Benefits Administration, 740 positions.

‘‘(3) Department of Veterans Affairs Staff Offices, 156 positions.

‘‘(4) The National Cemetery Administration, 38 positions.’’.

(2) Section 1105(a) is amended by striking ‘‘26 percent’’

and inserting ‘‘15 percent’’.

(3) Section 1109(a) is amended by striking ‘‘December 31,

2000’’ and inserting ‘‘December 31, 2002’’.

Subtitle B—Military Service Issues

SEC. 211. FINDINGS AND SENSE OF CONGRESS CONCERNING USE OF

MILITARY HISTORIES OF VETERANS IN DEPARTMENT OF

VETERANS AFFAIRS HEALTH CARE.

(a) FINDINGS.—Congress makes the following findings:

(1) Pertinent military experiences and exposures may affect

the health status of Department of Veterans Affairs patients

who are veterans.

(2) The Department of Veterans Affairs has begun to implement a Veterans Health Initiative to develop systems to ensure

that both patient care and medical education in the Veterans

Health Administration are specific to the special needs of veterans and should be encouraged to continue these efforts.

(3) Protocols eliciting pertinent information relating to the

military history of veterans may be beneficial to understanding

certain conditions for which veterans may be at risk and

thereby facilitate the treatment of veterans for those conditions.

(4) The Department of Veterans Affairs is in the process

of developing a Computerized Patient Record System that offers

the potential to aid in the care and monitoring of such conditions.

(b) SENSE OF CONGRESS.—Congress—

(1) urges the Secretary of Veterans Affairs to assess the

feasibility and desirability of using a computer-based system

to conduct clinical evaluations relevant to military experiences

and exposures; and

(2) recommends that the Secretary accelerate efforts within

the Department of Veterans Affairs to ensure that relevant

military histories of veterans are included in Department medical records.

SEC. 212. STUDY OF POST-TRAUMATIC STRESS DISORDER IN VIETNAM

VETERANS.

(a) STUDY ON POST-TRAUMATIC STRESS DISORDER.—Not later

than 10 months after the date of the enactment of this Act, the

Secretary of Veterans Affairs shall enter into a contract with an

appropriate entity to carry out a study on post-traumatic stress

disorder.

(b) FOLLOW-UP STUDY.—The contract under subsection (a) shall

provide for a follow-up study to the study conducted in accordance

with section 102 of the Veterans Health Care Amendments of
S. 1402—23

1983 (Public Law 98–160). Such follow-up study shall use the

data base and sample of the previous study.

(c) INFORMATION TO BE INCLUDED.—The study conducted

pursuant to this section shall be designed to yield information

on—

(1) the long-term course of post-traumatic stress disorder;

(2) any long-term medical consequences of post-traumatic

stress disorder;

(3) whether particular subgroups of veterans are at greater

risk of chronic or more severe problems with such disorder;

and

(4) the services used by veterans who have post-traumatic

stress disorder and the effect of those services on the course

of the disorder.

(d) REPORT.—The Secretary shall submit to the Committees

on Veterans’ Affairs of the Senate and House of Representatives

a report on the results of the study under this section. The report

shall be submitted no later than October 1, 2004.

Subtitle C—Medical Administration

SEC. 221. DEPARTMENT OF VETERANS AFFAIRS FISHER HOUSES.

(a) AUTHORITY.—Subchapter I of chapter 17 is amended by

adding at the end the following new section:

‘‘§ 1708. Temporary lodging

‘‘(a) The Secretary may furnish persons described in subsection

(b) with temporary lodging in a Fisher house or other appropriate

facility in connection with the examination, treatment, or care

of a veteran under this chapter or, as provided for under subsection

(e)(5), in connection with benefits administered under this title.

‘‘(b) Persons to whom the Secretary may provide lodging under

subsection (a) are the following:

‘‘(1) A veteran who must travel a significant distance to

receive care or services under this title.

‘‘(2) A member of the family of a veteran and others who

accompany a veteran and provide the equivalent of familial

support for such veteran.

‘‘(c) In this section, the term ‘Fisher house’ means a housing

facility that—

‘‘(1) is located at, or in proximity to, a Department medical

facility;

‘‘(2) is available for residential use on a temporary basis

by patients of that facility and others described in subsection

(b)(2); and

‘‘(3) is constructed by, and donated to the Secretary by,

the Zachary and Elizabeth M. Fisher Armed Services Foundation.

‘‘(d) The Secretary may establish charges for providing lodging

under this section. The proceeds from such charges shall be credited

to the medical care account and shall be available until expended

for the purposes of providing such lodging.

‘‘(e) The Secretary shall prescribe regulations to carry out this

section. Such regulations shall include provisions—

‘‘(1) limiting the duration of lodging provided under this

section;
S. 1402—24

‘‘(2) establishing standards and criteria under which

charges are established for such lodging under subsection (d);

‘‘(3) establishing criteria for persons considered to be accompanying a veteran under subsection (b)(2);

‘‘(4) establishing criteria for the use of the premises of

temporary lodging facilities under this section; and

‘‘(5) establishing any other limitations, conditions, and

priorities that the Secretary considers appropriate with respect

to lodging under this section.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 1707 the following new item:

‘‘1708. Temporary lodging.’’.

SEC. 222. EXCEPTION TO RECAPTURE RULE.

Section 8136 is amended—

(1) by inserting ‘‘(a)’’ at the beginning of the text of the

section; and

(2) by adding at the end the following new subsection:

‘‘(b) The establishment and operation by the Secretary of an

outpatient clinic in facilities described in subsection (a) shall not

constitute grounds entitling the United States to any recovery under

that subsection.’’.

SEC. 223. SENSE OF CONGRESS CONCERNING COOPERATION

BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND

THE DEPARTMENT OF DEFENSE IN THE PROCUREMENT

OF MEDICAL ITEMS.

(a) FINDINGS.—Congress makes the following findings:

(1) The procurement and distribution of medical items,

including prescription drugs, is a multibillion-dollar annual

business for both the Department of Defense and the Department of Veterans Affairs.

(2) Those departments prescribe common high-use drugs

to many of their 12,000,000 patients who have similar medical

profiles.

(3) The health care systems of those departments should

have management systems that can share and communicate

clinical and management information useful for both systems.

(4) The institutional barriers separating the two departments have begun to be overcome in the area of medical supplies, in part as a response to recommendations by the General

Accounting Office and the Commission on Servicemembers and

Veterans Transition Assistance.

(5) There is significant potential for improved savings and

services by improving cooperation between the two departments

in the procurement and management of prescription drugs,

while remaining mindful that the two departments have different missions.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Department of Defense and the Department of Veterans Affairs

should increase, to the maximum extent consistent with their

respective missions, their level of cooperation in the procurement

and management of prescription drugs.
S. 1402—25

SEC. 224. TECHNICAL AND CONFORMING CHANGES.

(a) REQUIREMENT TO PROVIDE CARE.—Section 1710A(a) is

amended by inserting ‘‘(subject to section 1710(a)(4) of this title)’’

after ‘‘Secretary’’ the first place it appears.

(b) CONFORMING AMENDMENTS.—Section 1710(a)(4) is

amended—

(1) by inserting ‘‘the requirement in section 1710A(a) of

this title that the Secretary provide nursing home care,’’ after

‘‘medical services,’’; and

(2) by striking the comma after ‘‘extended care services’’.

(c) OUTPATIENT TREATMENT.—Section 201 of the Veterans

Millennium Health Care and Benefits Act (Public Law 106–117;

113 Stat. 1561) is amended by adding at the end the following

new subsection:

‘‘(c) EFFECTIVE DATE.—The amendments made by subsection

(b) shall apply with respect to medical services furnished under

section 1710(a) of title 38, United States Code, on or after the

effective date of the regulations prescribed by the Secretary of

Veterans Affairs to establish the amounts required to be established

under paragraphs (1) and (2) of section 1710(g) of that title, as

amended by subsection (b).’’.

(d) RATIFICATION.—Any action taken by the Secretary of Veterans Affairs under section 1710(g) of title 38, United States Code,

during the period beginning on November 30, 1999, and ending

on the date of the enactment of this Act is hereby ratified.

Subtitle D—Construction Authorization

SEC. 231. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

(a) FISCAL YEAR 2001 PROJECTS.—The Secretary of Veterans

Affairs may carry out the following major medical facility projects,

with each project to be carried out in an amount not to exceed

the amount specified for that project:

(1) Construction of a 120-bed gero-psychiatric facility at

the Department of Veterans Affairs Palo Alto Health Care

System, Menlo Park Division, California, $26,600,000.

(2) Construction of a nursing home at the Department

of Veterans Affairs Medical Center, Beckley, West Virginia,

$9,500,000.

(3) Seismic corrections, clinical consolidation, and other

improvements at the Department of Veterans Affairs Medical

Center, Long Beach, California, $51,700,000.

(4) Construction of a utility plant and electrical vault at

the Department of Veterans Affairs Medical Center, Miami,

Florida, $23,600,000.

(b) ADDITIONAL FISCAL YEAR 2000 PROJECT.—The Secretary

is authorized to carry out a project for the renovation of psychiatric

nursing units at the Department of Veterans Affairs Medical Center,

Murfreesboro, Tennessee, in an amount not to exceed $14,000,000.

SEC. 232. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

the Secretary of Veterans Affairs for the Construction, Major

Projects, account—
S. 1402—26

(1) for fiscal years 2001 and 2002, a total of $87,800,000

for the projects authorized in paragraphs (1), (2), and (3) of

section 231(a);

(2) for fiscal year 2001, an additional amount of $23,600,000

for the project authorized in paragraph (4) of that section;

and

(3) for fiscal year 2002, an additional amount of $14,500,000

for the project authorized in section 401(1) of the Veterans

Millennium Health Care and Benefits Act (Public Law 106–

117; 113 Stat. 1572).

(b) LIMITATION.—The projects authorized in section 231(a) may

only be carried out using—

(1) funds appropriated for fiscal year 2001 or fiscal year

2002 (or, in the case of the project authorized in section

231(a)(4), for 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 2001 that remain available

for obligation; and

(3) funds appropriated for Construction, Major Projects,

for fiscal year 2001 or fiscal year 2002 (or, in the case of

the project authorized in section 231(a)(4), for fiscal year 2001)

for a category of activity not specific to a project.

(c) REVISION TO PRIOR LIMITATION.—Notwithstanding the

limitation in section 403(b) of the Veterans Millennium Health

Care and Benefits Act (Public Law 106–117; 113 Stat. 1573), the

project referred to in subsection (a)(3) may be carried out using—

(1) funds appropriated for fiscal year 2002 pursuant to

the authorization of appropriations in subsection (a)(3);

(2) funds appropriated for Construction, Major Projects,

for fiscal year 2001 that remain available for obligation; and

(3) funds appropriated for Construction, Major Projects,

for fiscal year 2001 or fiscal year 2002 for a category of activity

not specific to a project.

Subtitle E—Real Property Matters

SEC. 241. CHANGE TO ENHANCED USE LEASE CONGRESSIONAL

NOTIFICATION PERIOD.

Paragraph (2) of section 8163(c) is amended to read as follows:

‘‘(2) The Secretary may not enter into an enhanced use lease

until the end of the 90-day period beginning on the date of the

submission of notice under paragraph (1).’’.

SEC. 242. RELEASE OF REVERSIONARY INTEREST OF THE UNITED

STATES IN CERTAIN REAL PROPERTY PREVIOUSLY CONVEYED TO THE STATE OF TENNESSEE.

(a) RELEASE OF INTEREST.—The Secretary of Veterans Affairs

shall execute such legal instruments as necessary to release the

reversionary interest of the United States described in subsection

(b) in a certain parcel of real property conveyed to the State of

Tennessee pursuant to the Act entitled ‘‘An Act authorizing the

transfer of certain property of the Veterans’ Administration (in

Johnson City, Tennessee) to the State of Tennessee’’, approved

June 6, 1953 (67 Stat. 54).
S. 1402—27

(b) SPECIFIED REVERSIONARY INTEREST.—Subsection (a) applies

to the reversionary interest of the United States required under

section 2 of the Act referred to in subsection (a), requiring use

of the property conveyed pursuant to that Act to be primarily

for training of the National Guard and for other military purposes.

(c) CONFORMING AMENDMENT.—Section 2 of such Act is

repealed.

SEC. 243. DEMOLITION, ENVIRONMENTAL CLEANUP, AND REVERSION

OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL

CENTER, ALLEN PARK, MICHIGAN.

(a) AUTHORITY.—(1) The Secretary of Veterans Affairs shall

enter into a multiyear contract with the Ford Motor Land Development Corporation (hereinafter in this section referred to as the

‘‘Corporation’’) to undertake project management responsibility to—

(A) demolish the buildings and auxiliary structures comprising the Department of Veterans Affairs Medical Center,

Allen Park, Michigan; and

(B) remediate the site of all hazardous material and

environmental contaminants found on the site.

(2) The contract under paragraph (1) may be entered into

notwithstanding sections 303 and 304 of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 253, 254). The

contract shall be for a period specified in the contract not to exceed

seven years.

(b) CONTRACT COST AND SOURCE OF FUNDING.—(1) The Secretary may expend no more than $14,000,000 for the contract

required by subsection (a). The contract shall provide that all costs

for the demolition and site remediation under the contract in excess

of $14,000,000 shall be borne by the Corporation.

(2) Payments by the Secretary under the contract shall be made in annual increments of no more than $2,000,000, beginning

with fiscal year 2001, for the duration of the contract. Such payments shall be made from the nonrecurring maintenance portion

of the annual Department of Veterans Affairs medical care appropriation.

(3) Notwithstanding any other provision of law, the amount obligated upon the award of the contract may not exceed $2,000,000

and the amount obligated with respect to any succeeding fiscal

year may not exceed $2,000,000. Any funds obligated for the contact

shall be subject to the availability of appropriated funds.

(c) REVERSION OF PROPERTY.—Upon completion of the demolition and remediation project under the contract to the satisfaction

of the Secretary, the Secretary shall, on behalf of the United States,

formally abandon the Allen Park property (title to which will then

revert in accordance with the terms of the 1937 deed conveying

such property to the United States).

(d) FLAGPOLE AND MEMORIAL.—The contract under subsection

(a) shall require that the Corporation shall erect and maintain

on the property abandoned by the United States under subsection

(c) a flagpole and suitable memorial identifying the property as

the location of the former Allen Park Medical Center. The Secretary

and the Corporation shall jointly determine the placement of the

memorial and flagpole and the form of, and appropriate inscription

on, the memorial.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions with regard to the
S. 1402—28

contract with the Corporation under subsection (a) and with the

reversion of the property under subsection (c) as the Secretary

considers appropriate to protect the interest of the United States.

SEC. 244. CONVEYANCE OF CERTAIN PROPERTY AT THE CARL VINSON

DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,

DUBLIN, GEORGIA.

(a) CONVEYANCE TO STATE BOARD OF REGENTS.—The Secretary

of Veterans Affairs shall convey, without consideration, to the Board

of Regents of the State of Georgia all right, title, and interest

of the United States in and to two tracts of real property, including

any improvements thereon, at the Carl Vinson Department of Veterans Affairs Medical Center, Dublin, Georgia, consisting of 39

acres, more or less, in Laurens County, Georgia.

(b) CONVEYANCE TO COMMUNITY SERVICE BOARD OF MIDDLE

GEORGIA.—The Secretary of Veterans Affairs shall convey, without

consideration, to the Community Service Board of Middle Georgia

all right, title, and interest of the United States in and to three

tracts of real property, including any improvements thereon, at

the Carl Vinson Department of Veterans Affairs Medical Center,

Dublin, Georgia, consisting of 58 acres, more or less, in Laurens

County, Georgia.

(c) CONDITIONS ON CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the real property

conveyed under that subsection be used in perpetuity solely for

education purposes. The conveyance under subsection (b) shall be

subject to the condition that the real property conveyed under

that subsection be used in perpetuity solely for education and

health care purposes.

(d) SURVEY.—The exact acreage and legal description of the

real property to be conveyed under this section shall be determined

by a survey or surveys satisfactory to the Secretary of Veterans

Affairs. The cost of any such survey shall not be borne by the

Secretary.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of Veterans Affairs may require such additional terms and conditions

in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United

States.

SEC. 245. LAND CONVEYANCE, MILES CITY DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER COMPLEX, MILES CITY,

MONTANA.

(a) CONVEYANCE REQUIRED.—The Secretary of Veterans Affairs

shall convey, without consideration, to Custer County, Montana

(in this section referred to as the ‘‘County’’), all right, title, and

interest of the United States in and to the parcels of real property

consisting of the Miles City Department of Veterans Affairs Medical

Center complex, which has served as a medical and support complex

for the Department of Veterans Affairs in Miles City, Montana.

(b) TIMING OF CONVEYANCE.—The conveyance required by subsection (a) shall be made as soon as practicable after the date

of the enactment of this Act.

(c) CONDITIONS OF CONVEYANCE.—The conveyance required by

subsection (a) shall be subject to the condition that the County—

(1) use the parcels conveyed, whether directly or through

an agreement with a public or private entity, for veterans
S. 1402—29

activities, community and economic development, or such other

public purposes as the County considers appropriate; or

(2) convey the parcels to an appropriate public or private

entity for use for the purposes specified in paragraph (1).

(d) CONVEYANCE OF IMPROVEMENTS.—(1) As part of the conveyance required by subsection (a), the Secretary may also convey

to the County any improvements, equipment, fixtures, and other

personal property located on the parcels conveyed under that subsection that are not required by the Secretary.

(2) Any conveyance under this subsection shall be without

consideration.

(e) USE PENDING CONVEYANCE.—Until such time as the real

property to be conveyed under subsection (a) is conveyed by deed

under this section, the Secretary may continue to lease the real

property, together with any improvements thereon, under the terms

and conditions of the current lease of the real property.

(f) MAINTENANCE PENDING CONVEYANCE.—The Secretary shall

be responsible for maintaining the real property to be conveyed

under subsection (a), and any improvements, equipment, fixtures,

and other personal property to be conveyed under subsection (d),

in its condition as of the date of the enactment of this Act until

such time as the real property, and such improvements, equipment,

fixtures, and other personal property are conveyed by deed under

this section.

(g) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall

be determined by a survey satisfactory to the Secretary.

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under this section as the Secretary determines

appropriate to protect the interests of the United States.

SEC. 246. CONVEYANCE OF FORT LYON DEPARTMENT OF VETERANS

AFFAIRS MEDICAL CENTER, COLORADO, TO THE STATE

OF COLORADO.

(a) CONVEYANCE AUTHORIZED.—The Secretary of Veterans

Affairs may convey, without consideration, to the State of Colorado

all right, title, and interest of the United States in and to a parcel

of real property, including improvements thereon, consisting of

approximately 512 acres and comprising the Fort Lyon Department

of Veterans Affairs Medical Center. The purpose of the conveyance

is to permit the State of Colorado to use the property for purposes

of a correctional facility.

(b) PUBLIC ACCESS.—(1) The Secretary may not make the

conveyance of real property authorized by subsection (a) unless

the State of Colorado agrees to provide appropriate public access

to Kit Carson Chapel (located on that real property) and the cemetery located adjacent to that real property.

(2) The State of Colorado may satisfy the condition specified

in paragraph (1) with respect to Kit Carson Chapel by relocating

the chapel to Fort Lyon National Cemetery, Colorado, or another

appropriate location approved by the Secretary.

(c) PLAN REGARDING CONVEYANCE.—(1) The Secretary may not

make the conveyance authorized by subsection (a) before the date

on which the Secretary implements a plan providing the following:

(A) Notwithstanding sections 1720(a)(3) and 1741 of title

38, United States Code, that veterans who are receiving
S. 1402—30

inpatient or institutional long-term care at Fort Lyon Department of Veterans Affairs Medical Center as of the date of

the enactment of this Act are provided appropriate inpatient

or institutional long-term care under the same terms and conditions as such veterans are receiving inpatient or institutional

long-term care as of that date.

(B) That the conveyance of the Fort Lyon Department

of Veterans Affairs Medical Center does not result in a reduction of health care services available to veterans in the

catchment area of the Medical Center.

(C) Improvements in veterans’ overall access to health care

in the catchment area through, for example, the opening of

additional outpatient clinics.

(2) The Secretary shall prepare the plan referred to in paragraph (1) in consultation with appropriate representatives of veterans service organizations and other appropriate organizations.

(3) The Secretary shall publish a copy of the plan referred

to in paragraph (1) before implementation of the plan.

(d) ENVIRONMENTAL RESTORATION.—The Secretary may not

make the conveyance authorized by subsection (a) until the Secretary completes the evaluation and performance of any environmental restoration activities required by the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9601 et seq.), and by any other provision of law.

(e) PERSONAL PROPERTY.—As part of the conveyance authorized

by subsection (a), the Secretary may convey, without consideration,

to the State of Colorado any furniture, fixtures, equipment, and

other personal property associated with the property conveyed

under that subsection that the Secretary determines is not required

for purposes of the Department of Veterans Affairs health care

facilities to be established by the Secretary in southern Colorado

or for purposes of Fort Lyon National Cemetery.

(f) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be conveyed under subsection (a) shall

be determined by a survey satisfactory to the Secretary. Any costs

associated with the survey shall be borne by the State of Colorado.

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such other terms and conditions in connection with the

conveyances authorized by subsections (a) and (e) as the Secretary

considers appropriate to protect the interests of the United States.

SEC. 247. EFFECT OF CLOSURE OF FORT LYON DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER ON ADMINISTRATION

OF HEALTH CARE FOR VETERANS.

(a) PAYMENT FOR NURSING HOME CARE.—Notwithstanding any

limitation under section 1720 or 1741 of title 38, United States

Code, the Secretary of Veterans Affairs may pay the State of Colorado, or any private nursing home care facility, for costs incurred

in providing nursing home care to any veteran who is relocated

from the Fort Lyon Department of Veterans Affairs Medical Center,

Colorado, to a facility of the State of Colorado or such private

facility, as the case may be, as a result of the closure of the

Fort Lyon Department of Veterans Affairs Medical Center.

(b) OBLIGATION TO PROVIDE EXTENDED CARE SERVICES.—

Nothing in section 246 or this section may be construed to alter

or otherwise affect the obligation of the Secretary to meet the

requirements of section 1710B(b) of title 38, United States Code,
S. 1402—31

relating to staffing and levels of extended care services in fiscal

years after fiscal year 1998.

(c) REPORT ON VETERANS HEALTH CARE IN SOUTHERN COLORADO.—Not later than one year after the conveyance, if any, authorized by section 246, the Under Secretary for Health of the Department of Veterans Affairs, acting through the Director of Veterans

Integrated Service Network (VISN) 19, shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the status of the health care system for veterans

under that Network in southern Colorado. The report shall describe

any improvements to the system in southern Colorado that have

been put into effect in the period beginning on the date of the

conveyance and ending on the date of the report.

TITLE III—COMPENSATION, INSURANCE, HOUSING, EMPLOYMENT, AND

MEMORIAL AFFAIRS PROVISIONS

Subtitle A—Compensation Program

Changes

SEC. 301. STROKES AND HEART ATTACKS INCURRED OR AGGRAVATED

BY MEMBERS OF RESERVE COMPONENTS IN THE

PERFORMANCE OF DUTY WHILE PERFORMING INACTIVE

DUTY TRAINING TO BE CONSIDERED TO BE SERVICE-CONNECTED.

(a) SCOPE OF TERM ‘‘ACTIVE MILITARY, NAVAL, OR AIR

SERVICE’’.—Section 101(24) is amended to read as follows:

‘‘(24) The term ‘active military, naval, or air service’ includes—

‘‘(A) active duty;

‘‘(B) any period of active duty for training during which

the individual concerned was disabled or died from a disease

or injury incurred or aggravated in line of duty; and

‘‘(C) any period of inactive duty training during which

the individual concerned was disabled or died—

‘‘(i) from an injury incurred or aggravated in line of

duty; or

‘‘(ii) from an acute myocardial infarction, a cardiac

arrest, or a cerebrovascular accident occurring during such

training.’’.

(b) TRAVEL TO OR FROM TRAINING DUTY.—Section 106(d) is

amended—

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

(3) by inserting ‘‘or covered disease’’ after ‘‘injury’’ each

place it appears;

(4) by designating the second sentence as paragraph (2);

(5) by designating the third sentence as paragraph (3);

and

(6) by adding at the end the following new paragraph:

‘‘(4) For purposes of this subsection, the term ‘covered disease’

means any of the following:

‘‘(A) Acute myocardial infarction.
S. 1402—32

‘‘(B) A cardiac arrest.

‘‘(C) A cerebrovascular accident.’’.

SEC. 302. SPECIAL MONTHLY COMPENSATION FOR WOMEN VETERANS

WHO LOSE A BREAST AS A RESULT OF A SERVICE-CONNECTED DISABILITY.

Section 1114(k) is amended—

(1) by striking ‘‘or has suffered’’ and inserting ‘‘has suffered’’; and

(2) by inserting after ‘‘air and bone conduction,’’ the following: ‘‘or, in the case of a woman veteran, has suffered

the anatomical loss of one or both breasts (including loss by

mastectomy),’’.

SEC. 303. BENEFITS FOR PERSONS DISABLED BY PARTICIPATION IN

COMPENSATED WORK THERAPY PROGRAM.

Section 1151(a)(2) is amended—

(1) by inserting ‘‘(A)’’ after ‘‘proximately caused’’; and

(2) by inserting before the period at the end the following:

‘‘, or (B) by participation in a program (known as a ‘compensated

work therapy program’) under section 1718 of this title’’.

SEC. 304. REVISION TO LIMITATION ON PAYMENTS OF BENEFITS TO

INCOMPETENT INSTITUTIONALIZED VETERANS.

Section 5503(b)(1) is amended—

(1) in subparagraph (A)—

(A) by striking ‘‘$1,500’’ and inserting ‘‘the amount

equal to five times the section 1114(j) rate’’; and

(B) by striking ‘‘$500’’ and inserting ‘‘one-half that

amount’’; and

(2) by adding at the end the following new subparagraph:

‘‘(D) For purposes of this paragraph, the term ‘section 1114(j)

rate’ means the monthly rate of compensation in effect under section

1114(j) of this title for a veteran with a service-connected disability

rated as total.’’.

SEC. 305. REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE

DEFENSE THREAT REDUCTION AGENCY.

(a) REVIEW BY NATIONAL ACADEMY OF SCIENCES.—Not later

than 30 days after the date of the enactment of this Act, the

Secretary of Defense shall enter into a contract with the National

Academy of Sciences to carry out periodic reviews of the program

of the Defense Threat Reduction Agency of the Department of

Defense known as the ‘‘dose reconstruction program’’.

(b) REVIEW ACTIVITIES.—The periodic reviews of the dose

reconstruction program under the contract under subsection (a)

shall consist of the periodic selection of random samples of doses

reconstructed by the Defense Threat Reduction Agency in order

to determine—

(1) whether or not the reconstruction of the sampled doses

is accurate;

(2) whether or not the reconstructed dosage number is

accurately reported;

(3) whether or not the assumptions made regarding radiation exposure based upon the sampled doses are credible;

and
S. 1402—33

(4) whether or not the data from nuclear tests used by

the Defense Threat Reduction Agency as part of the reconstruction of the sampled doses is accurate.

(c) DURATION OF REVIEW.—The periodic reviews under the contract under subsection (a) shall occur over a period of 24 months.

(d) REPORT.—(1) Not later than 60 days after the conclusion

of the period referred to in subsection (c), the National Academy

of Sciences shall submit to Congress a report on its activities

under the contract under this section.

(2) The report shall include the following:

(A) A detailed description of the activities of the National

Academy of Sciences under the contract.

(B) Any recommendations that the National Academy of

Sciences considers appropriate regarding a permanent system

of review of the dose reconstruction program of the Defense

Threat Reduction Agency.

Subtitle B—Life Insurance Matters

SEC. 311. PREMIUMS FOR TERM SERVICE DISABLED VETERANS’

INSURANCE FOR VETERANS OLDER THAN AGE 70.

(a) CAP ON PREMIUMS.—Section 1922 is amended by adding

at the end the following new subsection:

‘‘(c) The premium rate of any term insurance issued under

this section shall not exceed the renewal age 70 premium rate.’’.

(b) REPORT.—Not later than September 30, 2001, the Secretary

of Veterans Affairs shall submit to Congress a report setting forth

a plan to liquidate the unfunded liability under the life insurance

program under section 1922 of title 38, United States Code, not

later than October 1, 2011.

SEC. 312. INCREASE IN AUTOMATIC MAXIMUM COVERAGE UNDER

SERVICEMEMBERS’ GROUP LIFE INSURANCE AND VETERANS’ GROUP LIFE INSURANCE.

(a) MAXIMUM UNDER SERVICEMEMBERS’ GROUP LIFE INSURANCE.—Section 1967 is amended in subsections (a), (c), and (d)

by striking ‘‘$200,000’’ each place it appears and inserting

‘‘$250,000’’.

(b) MAXIMUM UNDER VETERANS’ GROUP LIFE INSURANCE.—Section 1977(a) is amended by striking ‘‘$200,000’’ each place it appears

and inserting ‘‘$250,000’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the first day of the first month that begins

more than 120 days after the date of the enactment of this Act.

SEC. 313. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL

READY RESERVE FOR SERVICEMEMBERS’ GROUP LIFE

INSURANCE.

(a) ELIGIBILITY.—Section 1965(5) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (B);

(2) by redesignating subparagraph (C) as subparagraph

(D); and

(3) by inserting after subparagraph (B) the following new

subparagraph (C):

‘‘(C) a person who volunteers for assignment to a

mobilization category in the Individual Ready Reserve, as

defined in section 12304(i)(1) of title 10; and’’.
S. 1402—34

(b) CONFORMING AMENDMENTS.—Sections 1967(a), 1968(a), and

1969(a)(2)(A) are amended by striking ‘‘section 1965(5)(B) of this

title’’ each place it appears and inserting ‘‘subparagraph (B) or

(C) of section 1965(5) of this title’’.

Subtitle C—Housing and Employment

Programs

SEC. 321. ELIMINATION OF REDUCTION IN ASSISTANCE FOR SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS FOR

VETERANS HAVING JOINT OWNERSHIP OF HOUSING

UNITS.

Section 2102 is amended by adding at the end the following

new subsection:

‘‘(c) The amount of assistance afforded under subsection (a)

for a veteran authorized assistance by section 2101(a) of this title

shall not be reduced by reason that title to the housing unit,

which is vested in the veteran, is also vested in any other person,

if the veteran resides in the housing unit.’’.

SEC. 322. VETERANS EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS FOR RECENTLY SEPARATED VETERANS.

(a) EMPLOYMENT EMPHASIS.—Subsection (a) of section 4212

is amended in the first sentence by inserting ‘‘recently separated

veterans,’’ after ‘‘veterans of the Vietnam era,’’.

(b) CONFORMING AMENDMENTS.—Subsection (d)(1) of that section is amended by inserting ‘‘recently separated veterans,’’ after

‘‘veterans of the Vietnam era,’’ each place it appears in subparagraphs (A) and (B).

(c) RECENTLY SEPARATED VETERAN DEFINED.—Section 4211 is

amended by adding at the end the following new paragraph:

‘‘(6) The term ‘recently separated veteran’ means any veteran

during the one-year period beginning on the date of such veteran’s

discharge or release from active duty.’’.

SEC. 323. EMPLOYERS REQUIRED TO GRANT LEAVE OF ABSENCE FOR

EMPLOYEES TO PARTICIPATE IN HONOR GUARDS FOR

FUNERALS OF VETERANS.

(a) DEFINITION OF SERVICE IN THE UNIFORMED SERVICES.— Section 4303(13) is amended—

(1) by striking ‘‘and’’ after ‘‘National Guard duty’’; and

(2) by inserting before the period at the end ‘‘, and a

period for which a person is absent from employment for the

purpose of performing funeral honors duty as authorized by

section 12503 of title 10 or section 115 of title 32.’’.

(b) REQUIRED LEAVE OF ABSENCE.—Section 4316 is amended

by adding at the end the following new subsection:

‘‘(e)(1) An employer shall grant an employee who is a member

of a reserve component an authorized leave of absence from a

position of employment to allow that employee to perform funeral

honors duty as authorized by section 12503 of title 10 or section

115 of title 32.

‘‘(2) For purposes of section 4312(e)(1) of this title, an employee

who takes an authorized leave of absence under paragraph (1)

is deemed to have notified the employer of the employee’s intent

to return to such position of employment.’’.
S. 1402—35

(c) EFFECTIVE DATE.—The amendments made by subsections

(a) and (b) shall take effect 180 days after the date of the enactment

of this Act.

Subtitle D—Cemeteries and Memorial

Affairs

SEC. 331. ELIGIBILITY FOR INTERMENT OF CERTAIN FILIPINO VETERANS OF WORLD WAR II IN NATIONAL CEMETERIES.

(a) ELIGIBILITY OF CERTAIN COMMONWEALTH ARMY VETERANS.—Section 2402 is amended by adding at the end the following

new paragraph:

‘‘(8) Any individual whose service is described in section

107(a) of this title if such individual at the time of death—

‘‘(A) was a citizen of the United States or an alien

lawfully admitted for permanent residence in the United

States; and

‘‘(B) resided in the United States.’’.

(b) CONFORMING AMENDMENT.—Section 107(a)(3) is amended

to read as follows:

‘‘(3) chapters 11, 13 (except section 1312(a)), 23, and 24

(to the extent provided for in section 2402(8)) of this title.’’.

(c) APPLICABILITY.—The amendments made by this section shall

apply with respect to deaths occurring on or after the date of

the enactment of this Act.

SEC. 332. PAYMENT RATE OF CERTAIN BURIAL BENEFITS FOR CERTAIN FILIPINO VETERANS OF WORLD WAR II.

(a) PAYMENT RATE.—Section 107 is amended—

(1) in subsection (a), by striking ‘‘Payments’’ and inserting

‘‘Subject to subsection (c), payments’’; and

(2) by adding at the end the following new section:

‘‘(c)(1) In the case of an individual described in paragraph

(2), the second sentence of subsection (a) shall not apply.

‘‘(2) Paragraph (1) applies to any individual whose service is

described in subsection (a) and who dies after the date of the

enactment of this subsection if the individual, on the individual’s

date of death—

‘‘(A) is a citizen of, or an alien lawfully admitted for permanent residence in, the United States;

‘‘(B) is residing in the United States; and

‘‘(C) either—

‘‘(i) is receiving compensation under chapter 11 of this

title; or

‘‘(ii) if the individual’s service had been deemed to

be active military, naval, or air service, would have been

paid pension under section 1521 of this title without denial

or discontinuance by reason of section 1522 of this title.’’.

(b) APPLICABILITY.—No benefits shall accrue to any person for

any period before the date of the enactment of this Act by reason

of the amendments made by subsection (a).

SEC. 333. PLOT ALLOWANCE FOR BURIAL IN STATE VETERANS CEMETERIES.

(a) IN GENERAL.—Section 2303(b)(1)(A) is amended to read

as follows: ‘‘(A) is used solely for the interment of persons who
S. 1402—36

are (i) eligible for burial in a national cemetery, and (ii) members

of a reserve component of the Armed Forces not otherwise eligible

for such burial or former members of such a reserve component

not otherwise eligible for such burial who are discharged or released

from service under conditions other than dishonorable, and’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to the burial of persons dying on or after

the date of the enactment of this Act.

TITLE IV—OTHER MATTERS

SEC. 401. BENEFITS FOR THE CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM CERTAIN BIRTH DEFECTS.

(a) IN GENERAL.—Chapter 18 is amended by adding at the

end the following new subchapter:

‘‘SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM

VETERANS BORN WITH CERTAIN BIRTH DEFECTS

‘‘§ 1811. Definitions

‘‘In this subchapter:

‘‘(1) The term ‘eligible child’ means an individual who—

‘‘(A) is the child (as defined in section 1821(1) of this

title) of a woman Vietnam veteran; and

‘‘(B) was born with one or more covered birth defects.

‘‘(2) The term ‘covered birth defect’ means a birth defect

identified by the Secretary under section 1812 of this title.

‘‘§ 1812. Covered birth defects

‘‘(a) IDENTIFICATION.—The Secretary shall identify the birth

defects of children of women Vietnam veterans that—

‘‘(1) are associated with the service of those veterans in

the Republic of Vietnam during the Vietnam era; and

‘‘(2) result in permanent physical or mental disability.

‘‘(b) LIMITATIONS.—(1) The birth defects identified under subsection (a) may not include birth defects resulting from the following:

‘‘(A) A familial disorder.

‘‘(B) A birth-related injury.

‘‘(C) A fetal or neonatal infirmity with well-established

causes.

‘‘(2) In any case where affirmative evidence establishes that

a covered birth defect of a child of a woman Vietnam veteran

results from a cause other than the active military, naval, or air

service of that veteran in the Republic of Vietnam during the

Vietnam era, no benefits or assistance may be provided the child

under this subchapter.

‘‘§ 1813. Health care

‘‘(a) NEEDED CARE.—The Secretary shall provide an eligible

child such health care as the Secretary determines is needed by

the child for that child’s covered birth defects or any disability

that is associated with those birth defects.
S. 1402—37

‘‘(b) AUTHORITY FOR CARE TO BE PROVIDED DIRECTLY OR BY

CONTRACT.—The Secretary may provide health care under this section directly or by contract or other arrangement with a health

care provider.

‘‘(c) DEFINITIONS.—For purposes of this section, the definitions

in section 1803(c) of this title shall apply with respect to the

provision of health care under this section, except that for such

purposes—

‘‘(1) the reference to ‘specialized spina bifida clinic’ in paragraph (2) of that section shall be treated as a reference to

a specialized clinic treating the birth defect concerned under

this section; and

‘‘(2) the reference to ‘vocational training under section 1804

of this title’ in paragraph (8) of that section shall be treated

as a reference to vocational training under section 1814 of

this title.

‘‘§ 1814. Vocational training

‘‘(a) AUTHORITY.—The Secretary may provide a program of vocational training to an eligible child if the Secretary determines

that the achievement of a vocational goal by the child is reasonably

feasible.

‘‘(b) APPLICABLE PROVISIONS.—Subsections (b) through (e) of

section 1804 of this title shall apply with respect to any program

of vocational training provided under subsection (a).

‘‘§ 1815. Monetary allowance

‘‘(a) MONETARY ALLOWANCE.—The Secretary shall pay a

monthly allowance to any eligible child for any disability resulting

from the covered birth defects of that child.

‘‘(b) SCHEDULE FOR RATING DISABILITIES.—(1) The amount of

the monthly allowance paid under this section shall be based on

the degree of disability suffered by the child concerned, as determined in accordance with a schedule for rating disabilities resulting

from covered birth defects that is prescribed by the Secretary.

‘‘(2) In prescribing a schedule for rating disabilities for the

purposes of this section, the Secretary shall establish four levels

of disability upon which the amount of the allowance provided

by this section shall be based. The levels of disability established

may take into account functional limitations, including limitations

on cognition, communication, motor abilities, activities of daily

living, and employability.

‘‘(c) AMOUNT OF MONTHLY ALLOWANCE.—The amount of the

monthly allowance paid under this section shall be as follows:

‘‘(1) In the case of a child suffering from the lowest level

of disability prescribed in the schedule for rating disabilities

under subsection (b), $100.

‘‘(2) In the case of a child suffering from the lower intermediate level of disability prescribed in the schedule for rating

disabilities under subsection (b), the greater of—

‘‘(A) $214; or

‘‘(B) the monthly amount payable under section

1805(b)(3) of this title for the lowest level of disability

prescribed for purposes of that section.

‘‘(3) In the case of a child suffering from the higher intermediate level of disability prescribed in the schedule for rating

disabilities under subsection (b), the greater of—
S. 1402—38

‘‘(A) $743; or

‘‘(B) the monthly amount payable under section

1805(b)(3) of this title for the intermediate level of disability

prescribed for purposes of that section.

‘‘(4) In the case of a child suffering from the highest level

of disability prescribed in the schedule for rating disabilities

under subsection (b), the greater of—

‘‘(A) $1,272; or

‘‘(B) the monthly amount payable under section

1805(b)(3) of this title for the highest level of disability

prescribed for purposes of that section.

‘‘(d) INDEXING TO SOCIAL SECURITY BENEFIT INCREASES.—

Amounts under paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be subject to adjustment from time to time under

section 5312 of this title.

‘‘§ 1816. Regulations

‘‘The Secretary shall prescribe regulations for purposes of the

administration of this subchapter.’’.

(b) CONSOLIDATION OF PROVISIONS APPLICABLE TO BOTH SUB- CHAPTERS.—Chapter 18 is further amended by adding after subchapter II, as added by subsection (a), the following new subchapter:

‘‘SUBCHAPTER III—GENERAL PROVISIONS

‘‘§ 1821. Definitions

‘‘In this chapter:

‘‘(1) The term ‘child’ means an individual, regardless of

age or marital status, who—

‘‘(A) is the natural child of a Vietnam veteran; and

‘‘(B) was conceived after the date on which that veteran

first entered the Republic of Vietnam during the Vietnam

era.

‘‘(2) The term ‘Vietnam veteran’ means an individual who

performed active military, naval, or air service in the Republic

of Vietnam during the Vietnam era, without regard to the

characterization of that individual’s service.

‘‘(3) The term ‘Vietnam era’ with respect to—

‘‘(A) subchapter I of this chapter, means the period

beginning on January 9, 1962, and ending on May 7, 1975;

and

‘‘(B) subchapter II of this chapter, means the period

beginning on February 28, 1961, and ending on May 7,

1975.

‘‘§ 1822. Applicability of certain administrative provisions

‘‘(a) APPLICABILITY OF CERTAIN PROVISIONS RELATING TO COMPENSATION.—The provisions of this title specified in subsection (b)

apply with respect to benefits and assistance under this chapter

in the same manner as those provisions apply to compensation

paid under chapter 11 of this title.

‘‘(b) SPECIFIED PROVISIONS.—The provisions of this title referred

to in subsection (a) are the following:

‘‘(1) Section 5101(c).

‘‘(2) Subsections (a), (b)(2), (g), and (i) of section 5110.

‘‘(3) Section 5111.
S. 1402—39

‘‘(4) Subsection (a) and paragraphs (1), (6), (9), and (10)

of subsection (b) of section 5112.

‘‘§ 1823. Treatment of receipt of monetary allowance and

other benefits

‘‘(a) COORDINATION WITH OTHER BENEFITS PAID TO THE

RECIPIENT.—Notwithstanding any other provision of law, receipt

by an individual of a monetary allowance under this chapter shall

not impair, infringe, or otherwise affect the right of the individual

to receive any other benefit to which the individual is otherwise

entitled under any law administered by the Secretary.

‘‘(b) COORDINATION WITH BENEFITS BASED ON RELATIONSHIP

OF RECIPIENTS.—Notwithstanding any other provision of law,

receipt by an individual of a monetary allowance under this chapter

shall not impair, infringe, or otherwise affect the right of any

other individual to receive any benefit to which such other individual is entitled under any law administered by the Secretary

based on the relationship of such other individual to the individual

who receives such monetary allowance.

‘‘(c) MONETARY ALLOWANCE NOT TO BE CONSIDERED AS INCOME

OR RESOURCES FOR CERTAIN PURPOSES.—Notwithstanding any other

provision of law, a monetary allowance paid an individual under

this chapter shall not be considered as income or resources in

determining eligibility for, or the amount of benefits under, any

Federal or federally assisted program.

‘‘§ 1824. Nonduplication of benefits

‘‘(a) MONETARY ALLOWANCE.—In the case of an eligible child

under subchapter II of this chapter whose only covered birth defect

is spina bifida, a monetary allowance shall be paid under subchapter

I of this chapter. In the case of an eligible child under subchapter

II of this chapter who has spina bifida and one or more additional

covered birth defects, a monetary allowance shall be paid under

subchapter II of this chapter.

‘‘(b) VOCATIONAL REHABILITATION.—An individual may only be

provided one program of vocational training under this chapter.’’.

(c) REPEAL OF RECODIFIED PROVISIONS.—The following provisions are repealed:

(1) Section 1801.

(2) Subsections (c) and (d) of section 1805.

(3) Section 1806.

(d) DESIGNATION OF SUBCHAPTER I.—Chapter 18 is further

amended by inserting before section 1802 the following:

‘‘SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN

WITH SPINA BIFIDA’’.

(e) CONFORMING AMENDMENTS.—(1) Section 1802 is amended

by striking ‘‘this chapter’’ and inserting ‘‘this subchapter’’.

(2) Section 1805(a) is amended by striking ‘‘this chapter’’ and

inserting ‘‘this section’’.

(f) CLERICAL AMENDMENTS.—(1) The chapter heading of chapter

18 is amended to read as follows:
S. 1402—40

‘‘CHAPTER 18—BENEFITS FOR CHILDREN OF VIETNAM

VETERANS’’.

(2) The tables of chapters before part I, and at the beginning

of part II, are each amended by striking the item relating to

chapter 18 and inserting the following new item:

‘‘18. Benefits for Children of Vietnam Veterans .................................................. 1802’’.

(3) The table of sections at the beginning of chapter 18 is

amended—

(A) by inserting at the beginning the following:

‘‘SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN WITH SPINA

BIFIDA’’;

(B) by striking the items relating to sections 1801 and

1806; and

(C) by adding at the end the following:

‘‘SUBCHAPTER II—CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH

CERTAIN BIRTH DEFECTS

‘‘1811. Definitions.

‘‘1812. Covered birth defects.

‘‘1813. Health care.

‘‘1814. Vocational training.

‘‘1815. Monetary allowance.

‘‘1816. Regulations.

‘‘SUBCHAPTER III—GENERAL PROVISIONS

‘‘1821. Definitions.

‘‘1822. Applicability of certain administrative provisions.

‘‘1823. Treatment of receipt of monetary allowance and other benefits.

‘‘1824. Nonduplication of benefits.’’.

(g) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),

the amendments made by this section shall take effect on the

first day of the first month beginning more than one year after

the date of the enactment of this Act.

(2) The Secretary of Veterans Affairs shall identify birth defects

under section 1812 of title 38, United States Code (as added by

subsection (a) of this section), and shall prescribe the regulations

required by subchapter II of chapter 18 of that title (as so added),

not later than the effective date specified in paragraph (1).

SEC. 402. EXTENSION OF CERTAIN EXPIRING AUTHORITIES.

(a) ENHANCED LOAN ASSET SALE AUTHORITY.—Section

3720(h)(2) is amended by striking ‘‘December 31, 2002’’ and

inserting ‘‘December 31, 2008’’.

(b) HOME LOAN FEES.—Section 3729 is amended by striking

everything after the section heading and inserting the following:

‘‘(a) REQUIREMENT OF FEE.—(1) Except as provided in subsection (c), a fee shall be collected from each person obtaining

a housing loan guaranteed, insured, or made under this chapter,

and each person assuming a loan to which section 3714 of this

title applies. No such loan may be guaranteed, insured, made,

or assumed until the fee payable under this section has been

remitted to the Secretary.

‘‘(2) The fee may be included in the loan and paid from the

proceeds thereof.

‘‘(b) DETERMINATION OF FEE.—(1) The amount of the fee shall

be determined from the loan fee table in paragraph (2). The fee
S. 1402—41

is expressed as a percentage of the total amount of the loan guaranteed, insured, or made, or, in the case of a loan assumption, the

unpaid principal balance of the loan on the date of the transfer

of the property.

‘‘(2) The loan fee table referred to in paragraph (1) is as follows:

‘‘LOAN FEE TABLE

Type of loan Active duty

veteran Reservist Other obligor

(A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any

other initial loan described in section 3710(a) other

than with 5-down or 10-down (closed before October 1, 2008) .................................................................. 2.00 2.75 NA

(A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any

other initial loan described in section 3710(a) other

than with 5-down or 10-down (closed on or after

October 1, 2008) .......................................................... 1.25 2.00 NA

(B)(i) Subsequent loan described in section 3710(a) to

purchase or construct a dwelling with 0-down, or

any other subsequent loan described in section

3710(a) (closed before October 1, 2008) ..................... 3.00 3.00 NA

(B)(ii) Subsequent loan described in section 3710(a)

to purchase or construct a dwelling with 0-down, or

any other subsequent loan described in section

3710(a) (closed on or after October 1, 2008) ............. 1.25 2.00 NA

(C)(i) Loan described in section 3710(a) to purchase

or construct a dwelling with 5-down (closed before

October 1, 2008) .......................................................... 1.50 2.25 NA

(C)(ii) Loan described in section 3710(a) to purchase

or construct a dwelling with 5-down (closed on or

after October 1, 2008) ................................................. 0.75 1.50 NA

(D)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed

before October 1, 2008) ............................................... 1.25 2.00 NA

(D)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 10-down (closed

on or after October 1, 2008) ....................................... 0.50 1.25 NA

(E) Interest rate reduction refinancing loan ................ 0.50 0.50 NA

(F) Direct loan under section 3711 ............................... 1.00 1.00 NA

(G) Manufactured home loan under section 3712

(other than an interest rate reduction refinancing

loan) ............................................................................. 1.00 1.00 NA

(H) Loan to Native American veteran under section

3762 (other than an interest rate reduction refinancing loan) ............................................................... 1.25 1.25 NA

(I) Loan assumption under section 3714 ...................... 0.50 0.50 0.50

(J) Loan under section 3733(a) ...................................... 2.25 2.25 2.25’’.

‘‘(3) Any reference to a section in the ‘Type of loan’ column

in the loan fee table in paragraph (2) refers to a section of this

title.

‘‘(4) For the purposes of paragraph (2):
S. 1402—42

‘‘(A) The term ‘active duty veteran’ means any veteran

eligible for the benefits of this chapter other than a Reservist.

‘‘(B) The term ‘Reservist’ means a veteran described in

section 3701(b)(5)(A) of this title.

‘‘(C) The term ‘other obligor’ means a person who is not

a veteran, as defined in section 101 of this title or other provision of this chapter.

‘‘(D) The term ‘initial loan’ means a loan to a veteran

guaranteed under section 3710 or made under section 3711

of this title if the veteran has never obtained a loan guaranteed

under section 3710 or made under section 3711 of this title.

‘‘(E) The term ‘subsequent loan’ means a loan to a veteran,

other than an interest rate reduction refinancing loan, guaranteed under section 3710 or made under section 3711 of this

title if the veteran has previously obtained a loan guaranteed

under section 3710 or made under section 3711 of this title.

‘‘(F) The term ‘interest rate reduction refinancing loan’

means a loan described in section 3710(a)(8), 3710(a)(9)(B)(i),

3710(a)(11), 3712(a)(1)(F), or 3762(h) of this title.

‘‘(G) The term ‘0-down’ means a downpayment, if any,

of less than 5 percent of the total purchase price or construction

cost of the dwelling.

‘‘(H) The term ‘5-down’ means a downpayment of at least

5 percent or more, but less than 10 percent, of the total purchase price or construction cost of the dwelling.

‘‘(I) The term ‘10-down’ means a downpayment of 10 percent

or more of the total purchase price or construction cost of

the dwelling.

‘‘(c) WAIVER OF FEE.—A fee may not be collected under this

section from a veteran who is receiving compensation (or who,

but for the receipt of retirement pay, would be entitled to receive

compensation) or from a surviving spouse of any veteran (including

a person who died in the active military, naval, or air service)

who died from a service-connected disability.’’.

(c) PROCEDURES APPLICABLE TO LIQUIDATION SALES ON

DEFAULTED HOME LOANS GUARANTEED BY THE DEPARTMENT OF

VETERANS AFFAIRS.—Section 3732(c)(11) is amended by striking

‘‘October 1, 2002’’ and inserting ‘‘October 1, 2008’’.

(d) INCOME VERIFICATION AUTHORITY.—Section 5317(g) is

amended by striking ‘‘September 30, 2002’’ and inserting ‘‘September 30, 2008’’.

(e) LIMITATION ON PENSION FOR CERTAIN RECIPIENTS OF MED- ICAID-COVERED NURSING HOME CARE.—Section 5503(f)(7) is

amended by striking ‘‘September 30, 2002’’ and inserting ‘‘September 30, 2008’’.

(f) ANNUAL REPORT OF COMMITTEE ON MENTALLY ILL VETERANS.—Section 7321(d)(2) is amended by striking ‘‘three’’ and

inserting ‘‘six’’.

(g) AUTHORITY TO ESTABLISH RESEARCH AND EDUCATION CORPORATIONS.—Section 7368 is amended by striking ‘‘December 31,

2000’’ and inserting ‘‘December 31, 2003’’.

SEC. 403. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.

(a) INAPPLICABILITY OF PRIOR REPORTS TERMINATION PROVISION

TO CERTAIN REPORTS OF THE DEPARTMENT OF VETERANS AFFAIRS.—

Section 3003(a)(1) of the Federal Reports Elimination and Sunset

Act of 1995 (31 U.S.C. 1113 note) does not apply to any report
S. 1402—43

required to be submitted under any of the following: sections 503(c),

529, 541(c), 542(c), 3036, and 7312(d) of title 38, United States

Code.

(b) REPEAL OF REPORTING REQUIREMENTS TERMINATED BY

PRIOR LAW.—Sections 8111A(f) and 8201(h) are repealed.

(c) SUNSET OF CERTAIN REPORTING REQUIREMENTS.— (1) ANNUAL REPORT ON EQUITABLE RELIEF CASES.—Section

503(c) is amended by adding at the end the following new

sentence: ‘‘No report shall be required under this subsection

after December 31, 2004.’’.

(2) BIENNIAL REPORT OF ADVISORY COMMITTEE ON FORMER

PRISONERS OF WAR.—Section 541(c)(1) is amended by inserting

‘‘through 2003’’ after ‘‘each odd-numbered year’’.

(3) BIENNIAL REPORT OF ADVISORY COMMITTEE ON WOMEN

VETERANS.—Section 542(c)(1) is amended by inserting ‘‘through

2004’’ after ‘‘each even-numbered year’’.

(4) BIENNIAL REPORTS ON MONTGOMERY GI BILL.—Subsection (d) of section 3036 is amended to read as follows:

‘‘(d) No report shall be required under this section after January

1, 2005.’’.

(5) ANNUAL REPORT OF SPECIAL MEDICAL ADVISORY GROUP.— Section 7312(d) is amended by adding at the end the following

new sentence: ‘‘No report shall be required under this subsection after December 31, 2004.’’.

(d) COST INFORMATION TO BE PROVIDED WITH EACH REPORT

REQUIRED BY CONGRESS.—(1)(A) Chapter 1 is amended by adding

at the end the following new section:

‘‘§ 116. Reports to Congress: cost information

‘‘Whenever the Secretary submits to Congress, or any committee

of Congress, a report that is required by law or by a joint explanatory statement of a committee of conference of the Congress, the

Secretary shall include with the report—

‘‘(1) a statement of the cost of preparing the report; and

‘‘(2) a brief explanation of the methodology used in preparing that cost statement.’’.

(B) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘116. Reports to Congress: cost information.’’.

(2) Section 116 of title 38, United States Code, as added by

paragraph (1) of this subsection, shall apply with respect to any

report submitted by the Secretary of Veterans Affairs after the

end of the 90-day period beginning on the date of the enactment

of this Act.

SEC. 404. TECHNICAL AMENDMENTS.

(a) TITLE 38.—Title 38, United States Code, is amended as

follows:

(1) Section 1116(a)(2)(F) is amended by inserting ‘‘of disability’’ after ‘‘to a degree’’.

(2) Section 1318(b)(3) is amended by striking ‘‘not later

than’’ and inserting ‘‘not less than’’.

(3) Section 1712(a)(4)(A) is amended by striking ‘‘subsection

(a) of this section (other than paragraphs (3)(B) and (3)(C)

of that subsection)’’ and inserting ‘‘this subsection’’.

(4) Section 1720A(c)(1) is amended by striking ‘‘for such

disability’’ and all that follows through ‘‘to such member’’ and
S. 1402—44

inserting ‘‘for such disability. Care and services provided to

a member so transferred’’.

(5) Section 2402(7) is amended by striking ‘‘chapter 67

of title 10’’ and inserting ‘‘chapter 1223 of title 10’’.

(6) Section 3012(g)(2) is amended by striking ‘‘subparagraphs’’ both places it appears and inserting ‘‘subparagraph’’.

(7) Section 3684(c) is amended by striking ‘‘calender’’ and

inserting ‘‘calendar’’.

(8) The table of sections at the beginning of chapter 41

is amended by inserting after the item relating to section 4110A

the following new item:

‘‘4110B. Coordination and nonduplication.’’.

(9) The text of section 4213 is amended to read as follows:

‘‘(a) Amounts and periods of time specified in subsection (b)

shall be disregarded in determining eligibility under any of the

following:

‘‘(1) Any public service employment program.

‘‘(2) Any emergency employment program.

‘‘(3) Any job training program assisted under the Economic

Opportunity Act of 1964.

‘‘(4) Any employment or training program carried out under

title I of the Workforce Investment Act of 1998 (29 U.S.C.

2801 et seq.).

‘‘(5) Any other employment or training (or related) program

financed in whole or in part with Federal funds.

‘‘(b) Subsection (a) applies with respect to the following amounts

and periods of time:

‘‘(1) Any amount received as pay or allowances by any

person while serving on active duty.

‘‘(2) Any period of time during which such person served

on active duty.

‘‘(3) Any amount received under chapters 11, 13, 30, 31,

32, and 36 of this title by an eligible veteran.

‘‘(4) Any amount received by an eligible person under chapters 13 and 35 of this title.

‘‘(5) Any amount received by an eligible member under

chapter 106 of title 10.’’.

(10) Section 7603(a)(1) is amended by striking ‘‘subsection’’

and inserting ‘‘subchapter’’.

(b) OTHER LAWS.—

(1) Effective November 30, 1999, and as if included therein

as originally enacted, section 208(c)(2) of the Veterans Millennium Health Care and Benefits Act (Public Law 106–117; 113

Stat. 1568) is amended by striking ‘‘subsection (c)(1)’’ and

inserting ‘‘subsection (c)(3)’’.
S. 1402—45

(2) Effective November 21, 1997, and as if included therein

as originally enacted, section 402(e) of the Veterans’ Benefits

Act of 1997 (Public Law 105–114; 111 Stat. 2294) is amended

by striking ‘‘second sentence’’ and inserting ‘‘third sentence’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.