I

103D CONGRESS

2D SESSION H. R. 5244

To amend title 38, United States Code, to revise and improve veterans’

benefits programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7, 1994

Mr. MONTGOMERY (for himself and Mr. STUMP) introduced the following bill;

which was referred to the Committee on Veterans’ Affairs

OCTOBER 7, 1994

Committee on Veterans’ Affairs discharged; considered and passed

A BILL

To amend title 38, United States Code, to revise and improve

veterans’ benefits programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Veterans’ Benefits Improvements Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—PERSIAN GULF WAR VETERANS
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Sec. 101. Short title.

Sec. 102. Findings.

Sec. 103. Purposes.

Sec. 104. Development of medical evaluation protocol.

Sec. 105. Outreach to Persian Gulf veterans.

Sec. 106. Compensation benefits for disability resulting from illness attributed

to service during the Persian Gulf War.

Sec. 107. Evaluation of health status of spouses and children of Persian Gulf

War veterans.

Sec. 108. Clarification of scope of health examinations provided for veterans eligible for inclusion in health-related registries.

Sec. 109. Survey of Persian Gulf veterans.

Sec. 110. Authorization for epidemiological studies.

Sec. 111. Cost-savings provisions.

TITLE II—BOARD OF VETERANS’ APPEALS ADMINISTRATION

Sec. 201. Appointment, pay comparability, and performance reviews for members of the Board of Veterans’ Appeals.

Sec. 202. Deadline for establishment of performance evaluation criteria for

Board members.

Sec. 203. Continuation in office of Chairman pending appointment of successor.

TITLE III—ADJUDICATION IMPROVEMENTS

Sec. 301. Acceptance of certain documentation for claims purposes.

Sec. 302. Expedited treatment of remanded claims.

Sec. 303. Screening of appeals.

Sec. 304. Report on feasibility of reorganization of adjudication divisions in

VBA regional offices.

TITLE IV—VETERANS’ CLAIMS ADJUDICATION COMMISSION

Sec. 401. Establishment of commission.

Sec. 402. Duties of the commission.

Sec. 403. Powers of the commission.

Sec. 404. Commission personnel matters.

Sec. 405. Termination of the commission.

Sec. 406. Definitions.

Sec. 407. Funding.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Restatement of intent of Congress concerning coverage of RadiationExposed Veterans Compensation Act of 1988.

Sec. 502. Extension of authority to maintain regional office in the Philippines.

Sec. 503. Renouncement of benefit rights.

Sec. 504. Clarification of payment of attorney fees under contingent fee agreements.

Sec. 505. Codification of herbicide-exposure presumptions established administratively.

Sec. 506. Treatment of certain income of Alaska natives for purposes of needsbased benefits.

Sec. 507. Elimination of requirement for payment of certain benefits in Philippine pesos.

Sec. 508. Study of health consequences for family members of atomic veterans

of exposure of atomic veterans to ionizing radiation.
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Sec. 509. Center for Minority Veterans and Center for Women Veterans.

Sec. 510. Advisory Committee on Minority Veterans.

Sec. 511. Mailing of notices of appeal to the Court of Veterans Appeals.

TITLE VI—EDUCATION AND TRAINING PROGRAMS

Sec. 601. Flight training.

Sec. 602. Training and rehabilitation for veterans with service-connected disabilities.

Sec. 603. Alternative teacher certification programs.

Sec. 604. Education outside the United States.

Sec. 605. Correspondence courses.

Sec. 606. State approving agencies.

Sec. 607. Measurement of courses.

Sec. 608. Veterans’ Advisory Committee on Education.

Sec. 609. Contract educational and vocational counseling.

Sec. 610. Service Members Occupational Conversion and Training Act of 1992.

TITLE VII—EMPLOYMENT PROGRAMS

Sec. 701. Job counseling, training, and placement.

Sec. 702. Employment and training of veterans.

TITLE VIII—CEMETERIES AND MEMORIAL AFFAIRS

Sec. 801. Eligibility for burial in national cemeteries of spouses who predecease

veterans.

Sec. 802. Restoration of burial eligibility for unremarried spouses.

Sec. 803. Extension of authorization of appropriations for State cemetery grant

program.

Sec. 804. Authority to use flat grave markers at the Willamette National Cemetery, Oregon.

TITLE IX—HOUSING PROGRAMS

Sec. 901. Eligibility.

Sec. 902. Revision in computation of aggregate guaranty.

Sec. 903. Public and community water and sewerage systems.

Sec. 904. Authority to guarantee home refinance loans for energy efficiency improvements.

Sec. 905. Authority to guarantee loans to refinance adjustable rate mortgages

to fixed rate mortgages.

Sec. 906. Manufactured home loan inspections.

Sec. 907. Procedures on default.

Sec. 908. Minimum active-duty service requirement.

TITLE X—HOMELESS VETERANS PROGRAMS

Sec. 1001. Reports on activities of the Department of Veterans Affairs to assist

homeless veterans.

Sec. 1002. Report on assessment and plans for response to needs of homeless

veterans.

Sec. 1003. Increase in number of demonstration programs under Homeless Veterans Comprehensive Service Programs Act of 1992.

Sec. 1004. Removal of funding requirement of Homeless Veterans Comprehensive Service Programs Act of 1992.

Sec. 1005. Sense of Congress.
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TITLE XI—REDUCTIONS IN DEPARTMENT OF VETERANS

AFFAIRS PERSONNEL

Sec. 1101. Findings.

Sec. 1102. Requirement for minimum number of full-time equivalent positions.

Sec. 1103. Enhanced authority to contract for necessary services.

Sec. 1104. Study.

TITLE XII—TECHNICAL AND CLERICAL AMENDMENTS.

Sec. 1201. Amendments to title 38, United States Code.

Sec. 1202. Amendments to other laws administered by Secretary of Veterans

Affairs.

Sec. 1203. Amendments to other laws.

1 SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 38, United States Code.

7 TITLE I—PERSIAN GULF WAR

8 VETERANS

9 SEC. 101. SHORT TITLE.

10 This Act may be cited as the ‘‘Persian Gulf War

11 Veterans’ Benefits Act’’.

12 SEC. 102. FINDINGS.

13 The Congress makes the following findings:

14 (1) During the Persian Gulf War, members of

15 the Armed Forces were exposed to numerous poten16 tially toxic substances, including fumes and smoke

17 from military operations, oil well fires, diesel ex18 haust, paints, pesticides, depleted uranium, infec19 tious agents, investigational drugs and vaccines, and
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1 indigenous diseases, and were also given multiple im2 munizations. It is not known whether these

3 servicemembers were exposed to chemical or biologi4 cal warfare agents. However, threats of enemy use

5 of chemical and biological warfare heightened the

6 psychological stress associated with the military

7 operation.

8 (2) Significant numbers of veterans of the Per9 sian Gulf War are suffering from illnesses, or are ex10 hibiting symptoms of illness, that cannot now be di11 agnosed or clearly defined. As a result, many of

12 these conditions or illnesses are not considered to be

13 service connected under current law for purposes of

14 benefits administered by the Department of Veter15 ans Affairs.

16 (3) The National Institutes of Health Tech17 nology Assessment Workshop on the Persian Gulf

18 Experience and Health, held in April 1994, con19 cluded that the complex biological, chemical, phys20 ical, and psychological environment of the Southwest

21 Asia theater of operations produced complex adverse

22 health effects in Persian Gulf War veterans and that

23 no single disease entity or syndrome is apparent.

24 Rather, it may be that the illnesses suffered by those

25 veterans result from multiple illnesses with overlap-
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1 ping symptoms and causes that have yet to be

2 defined.

3 (4) That workshop concluded that the informa4 tion concerning the range and intensity of exposure

5 to toxic substances by military personnel in the

6 Southwest Asia theater of operations is very limited

7 and that such information was collected only after a

8 considerable delay.

9 (5) In response to concerns regarding the

10 health-care needs of Persian Gulf War veterans, par11 ticularly those who suffer from illnesses or condi12 tions for which no diagnosis has been made, the

13 Congress, in Public Law 102–585, directed the es14 tablishment of a Persian Gulf War Veterans Health

15 Registry, authorized health examinations for veter16 ans of the Persian Gulf War, and provided for the

17 National Academy of Sciences to conduct a com18 prehensive review and assessment of information re19 garding the health consequences of military service

20 in the Persian Gulf theater of operations and to de21 velop recommendations on avenues for research re22 garding such health consequences. In Public Law

23 103–210, the Congress authorized the Department

24 of Veterans Affairs to provide health care services on

25 a priority basis to Persian Gulf War veterans. The
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1 Congress also provided in Public Law 103–160 (the

2 National Defense Authorization Act for Fiscal Year

3 1994) for the establishment of a specialized environ4 mental medical facility for the conduct of research

5 into the possible health effects of exposure to low

6 levels of hazardous chemicals, especially among Per7 sian Gulf veterans, and for research into the possible

8 health effects of battlefield exposure in such veterans

9 to depleted uranium.

10 (6) In response to concerns about the lack of

11 objective research on Gulf War illnesses, Congress

12 included research provisions in the National Defense

13 Authorization Act for Fiscal Year 1995, which was

14 passed by the House and Senate in September 1994.

15 This legislation requires the Secretary of Defense to

16 provide research grants to non-Federal researchers

17 to support three types of studies of the Gulf War

18 syndrome. The first type of study will be an epide19 miological study or studies of the incidence, preva20 lence, and nature of the illness and symptoms and

21 the risk factors associated with symptoms or ill22 nesses. This will include illnesses among spouses and

23 birth defects and illnesses among offspring born be24 fore and after the Gulf War. The second group of

25 studies shall be conducted to determine the health
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1 consequences of the use of pyridostigmine bromide

2 as a pretreatment antidote enhancer during the Per3 sian Gulf War, alone or in combination with expo4 sure to pesticides, environmental toxins, and other

5 hazardous substances. The final group of studies

6 shall include clinical research and other studies on

7 the causes, possible transmission, and treatment of

8 Gulf War syndrome, and will include studies of vet9 erans and their spouses and children.

10 (7) Further research and studies must be un11 dertaken to determine the underlying causes of the

12 illnesses suffered by Persian Gulf War veterans and,

13 pending the outcome of such research, veterans who

14 are seriously ill as the result of such illnesses should

15 be given the benefit of the doubt and be provided

16 compensation benefits to offset the impairment in

17 earnings capacities they may be experiencing.

18 SEC. 103. PURPOSES.

19 The purposes of this title are—

20 (1) to provide compensation to Persian Gulf

21 War veterans who suffer disabilities resulting from

22 illnesses that cannot now be diagnosed or defined,

23 and for which other causes cannot be identified;

24 (2) to require the Secretary of Veterans Affairs

25 to develop at the earliest possible date case assess-
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1 ment strategies and definitions or diagnoses of such

2 illnesses;

3 (3) to promote greater outreach to Persian Gulf

4 War veterans and their families to inform them of

5 ongoing research activities, as well as the services

6 and benefits to which they are currently entitled;

7 and

8 (4) to ensure that research activities and ac9 companying surveys of Persian Gulf War veterans

10 are appropriately funded and undertaken by the De11 partment of Veterans Affairs.

12 SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PRO13 TOCOL.

14 (a) UNIFORM MEDICAL EVALUATION PROTOCOL.—

15 (1) The Secretary of Veterans Affairs shall develop and

16 implement a uniform and comprehensive medical evalua17 tion protocol that will ensure appropriate medical assess18 ment, diagnosis, and treatment of Persian Gulf War veter19 ans who are suffering from illnesses the origins of which

20 are (as of the date of the enactment of this Act) unknown

21 and that may be attributable to service in the Southwest

22 Asia theater of operations during the Persian Gulf War.

23 The protocol shall include an evaluation of complaints re24 lating to illnesses involving the reproductive system.
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1 (2) If such a protocol is not implemented before the

2 end of the 120-day period beginning on the date of the

3 enactment of this Act, the Secretary shall, before the end

4 of such period, submit to the Committees on Veterans’ Af5 fairs of the Senate and House of Representatives a report

6 as to why such a protocol has not yet been developed.

7 (3)(A) The Secretary shall ensure that the evaluation

8 under the protocol developed under this section is available

9 at all Department medical centers that have the capability

10 of providing the medical assessment, diagnosis, and treat11 ment required under the protocol.

12 (B) The Secretary may enter into contracts with non13 Department medical facilities for the provision of the eval14 uation under the protocol.

15 (C) In the case of a veteran whose residence is distant

16 from a medical center described in subparagraph (A), the

17 Secretary may provide the evaluation through a Depart18 ment medical center described in that subparagraph and,

19 in such a case, may provide the veteran the travel and

20 incidental expenses therefor pursuant to the provisions of

21 section 111 of title 38, United States Code.

22 (4)(A) If the Secretary is unable to diagnose the

23 symptoms or illness of a veteran provided an evaluation,

24 or if the symptoms or illness of a veteran do not respond

25 to treatment provided by the Secretary, the Secretary may
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1 use the authority in section 1703 of title 38, United States

2 Code, in order to provide for the veteran to receive diag3 nostic tests or treatment at a non-Department medical fa4 cility that may have the capability of diagnosing or treat5 ing the symptoms or illness of the veteran. The Secretary

6 may provide the veteran the travel and incidental expenses

7 therefor pursuant to the provisions of section 111 of title

8 38, United States Code.

9 (B) The Secretary shall request from each non-De10 partment medical facility that examines or treats a vet11 eran under this paragraph such information relating to

12 the diagnosis or treatment as the Secretary considers

13 appropriate.

14 (5) In each year after the implementation of the pro15 tocol, the Secretary shall enter into an agreement with the

16 National Academy of Sciences under which agreement ap17 propriate experts shall review the adequacy of the protocol

18 and its implementation by the Department of Veterans

19 Affairs.

20 (b) RELATIONSHIP TO OTHER COMPREHENSIVE

21 CLINICAL EVALUATION PROTOCOLS.—The Secretary, in

22 consultation with the Secretary of Defense, shall ensure

23 that the information collected through the protocol de24 scribed in this section is collected and maintained in a

25 manner that permits the effective and efficient cross-ref-
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1 erence of that information with information collected and

2 maintained through the comprehensive clinical protocols

3 of the Department of Defense for Persian Gulf War

4 veterans.

5 (c) CASE DEFINITIONS AND DIAGNOSES.—The Sec6 retary shall develop case definitions or diagnoses for ill7 nesses associated with the service described in subsection

8 (a)(1). The Secretary shall develop such definitions or di9 agnoses at the earliest possible date.

10 SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.

11 (a) IN GENERAL.—The Secretary of Veterans Affairs

12 shall implement a comprehensive outreach program to in13 form Persian Gulf War veterans and their families of the

14 medical care and other benefits that may be provided by

15 the Department of Veterans Affairs and the Department

16 of Defense arising from service in the Persian Gulf War.

17 (b) NEWSLETTER.—(1) The outreach program shall

18 include a newsletter which shall be updated and distrib19 uted at least semi-annually and shall be distributed to the

20 veterans listed on the Persian Gulf War Veterans Health

21 Registry. The newsletter shall include summaries of the

22 status and findings of Government sponsored research on

23 illnesses of Persian Gulf War veterans and their families,

24 as well as on benefits available to such individuals through

25 the Department of Veterans Affairs. The newsletter shall
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1 be prepared in consultation with veterans service organiza2 tions.

3 (2) The requirement under this subsection for the

4 distribution of the newsletter shall terminate on December

5 31, 1999.

6 (c) TOLL-FREE NUMBER.—The outreach program

7 shall include establishment of a toll-free telephone number

8 to provide Persian Gulf War veterans and their families

9 information on the Persian Gulf War Veterans Health

10 Registry, health care and other benefits provided by the

11 Department of Veterans Affairs, and such other informa12 tion as the Secretary considers appropriate. Such toll-free

13 telephone number shall be established not later than 90

14 days after the date of the enactment of this Act.

15 SEC. 106. COMPENSATION BENEFITS FOR DISABILITY RE16 SULTING FROM ILLNESS ATTRIBUTED TO

17 SERVICE DURING THE PERSIAN GULF WAR.

18 (a) IN GENERAL.—(1) Chapter 11 is amended by

19 adding at the end of subchapter II the following new

20 section:

21 ‘‘§ 1117. Compensation for disabilities occurring in

22 Persian Gulf War veterans

23 ‘‘(a) The Secretary may pay compensation under this

24 subchapter to any Persian Gulf veteran suffering from a
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1 chronic disability resulting from an undiagnosed illness (or

2 combination of undiagnosed illnesses) that—

3 ‘‘(1) became manifest during service on active

4 duty in the Armed Forces in the Southwest Asia

5 theater of operations during the Persian Gulf War;

6 or

7 ‘‘(2) became manifest to a degree of 10 percent

8 or more within the presumptive period prescribed

9 under subsection (b).

10 ‘‘(b) The Secretary shall prescribe by regulation the

11 period of time following service in the Southwest Asia the12 ater of operations during the Persian Gulf War that the

13 Secretary determines is appropriate for presumption of

14 service connection for purposes of this section. The Sec15 retary’s determination of such period of time shall be

16 made following a review of any available credible medical

17 or scientific evidence and the historical treatment afforded

18 disabilities for which manifestation periods have been es19 tablished and shall take into account other pertinent cir20 cumstances regarding the experiences of veterans of the

21 Persian Gulf War.

22 ‘‘(c)(1) The Secretary shall prescribe regulations to

23 carry out this section.

24 ‘‘(2) Those regulations shall include the following:
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1 ‘‘(A) A description of the period and geographi2 cal area or areas of military service in connection

3 with which compensation under this section may be

4 paid.

5 ‘‘(B) A description of the illnesses for which

6 compensation under this section may be paid.

7 ‘‘(C) A description of any relevant medical

8 characteristic (such as a latency period) associated

9 with each such illness.

10 ‘‘(d) A disability for which compensation under this

11 subchapter is payable shall be considered to be service con12 nected for purposes of all other laws of the United States.

13 ‘‘(e) For purposes of this section, the term ‘Persian

14 Gulf veteran’ means a veteran who served on active duty

15 in the Armed Forces in the Southwest Asia theater of op16 erations during the Persian Gulf War.’’.

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

18 chapter is amended by inserting after the item relating

19 to section 1116 the following new item:

‘‘1117. Compensation for disabilities occurring in Persian Gulf War veterans.’’.

20 (b) CONFORMING AMENDMENTS.—Section 1113 is

21 amended—

22 (1) by striking out ‘‘section 1112 or 1116’’ in

23 the first and third place it appears and inserting in

24 lieu thereof ‘‘section 1112, 1116, or 1117’’;
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1 (2) by striking out ‘‘title’’ the second place it

2 appears and inserting in lieu thereof ‘‘title, or pay3 ments of compensation pursuant to section 1117 of

4 this title,’’; and

5 (3) by inserting ‘‘or disabilities’’ after ‘‘dis6 eases’’ both places it appears in subsection (a).

7 (c) REPORT.—Not later than 60 days after the date

8 of the enactment of this Act, the Secretary of Veterans

9 Affairs shall submit to the Committees on Veterans’ Af10 fairs of the Senate and House of Representatives a report

11 stating whether or not the Secretary intends to pay com12 pensation as provided in section 1117 of title 38, United

13 States Code, as added by subsection (a).

14 (d) REGULATIONS.—If the Secretary states in the re15 port under subsection (c) that the Secretary intends to

16 pay compensation as provided in section 1117 of title 38,

17 United States Code, as added by subsection (a), the Sec18 retary shall, not later than 30 days after the date on which

19 such report is submitted, publish in the Federal Register

20 proposed regulations under subsections (b) and (c) of that

21 section.
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1 SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES

2 AND CHILDREN OF PERSIAN GULF WAR VET3 ERANS.

4 (a) EVALUATION PROGRAM.—Subject to subsection

5 (c), the Secretary of the Veterans Affairs shall conduct

6 a study to evaluate the health status of spouses and chil7 dren of Persian Gulf War veterans. Under the study, the

8 Secretary shall provide for the conduct of diagnostic test9 ing and appropriate medical examinations of any individ10 ual—

11 (1) who is the spouse or child of a veteran

12 who—

13 (A) is listed in the Persian Gulf War Vet14 erans Registry established under section 702 of

15 Public Law 102–585; and

16 (B) is suffering from an illness or disorder;

17 (2) who is apparently suffering from, or may

18 have suffered from, an illness or disorder (including

19 a birth defect, miscarriage, or stillbirth) which can20 not be disassociated from the veteran’s service in the

21 Southwest Asia theater of operations; and

22 (3) who, in the case of a spouse, has granted

23 the Secretary permission to include in the Registry

24 relevant medical data (including a medical history

25 and the results of diagnostic testing and medical ex26 aminations) and such other information as the Sec-
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1 retary considers relevant and appropriate with re2 spect to such individual.

3 Such testing and examinations shall be carried out so as

4 to gather such medical data as the Secretary considers rel5 evant and appropriate in order to determine the nature

6 and extent of the association, if any, between illness or

7 disorder of the spouse or child and the illness of the

8 veteran.

9 (b) DURATION OF PROGRAM.—The program shall be

10 carried out during the period beginning on November 1,

11 1994, and ending on September 30, 1996.

12 (c) FUNDING LIMITATION.—The amount spent for

13 the program under subsection (a) may not exceed

14 $2,000,000.

15 (d) CONTRACTING.—The Secretary shall provide for

16 the conduct of testing and examinations under subsection

17 (a) through appropriate contract arrangements.

18 (e) STANDARD PROTOCOLS AND GUIDELINES.—The

19 Secretary shall seek to ensure uniform development of

20 medical data through the development of standard proto21 cols and guidelines for such testing and examinations. If

22 such protocols and guidelines have not been adopted be23 fore the end of the 120-day period beginning on the date

24 of the enactment of this Act, the Secretary shall, before

25 the end of such period, submit to the Committees on Vet-
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1 erans’ Affairs of the Senate and House of Representatives

2 a report as to why such protocols and guidelines have not

3 yet been developed.

4 (f) ENTRY OF RESULTS IN REGISTRY.—The results

5 of diagnostic tests, medical histories, and medical exami6 nations conducted under subsection (a) shall be entered

7 into the Persian Gulf War Veterans Health Registry.

8 (g) OUTREACH.—The Secretary shall conduct such

9 outreach activities as the Secretary determines necessary

10 to ensure that implementation of this section results in

11 sufficient information to enable the Secretary—

12 (1) to analyze the health status of large num13 bers of spouses and children of Persian Gulf veter14 ans; and

15 (2) to formulate research hypotheses regarding

16 possible association between illnesses or disorders

17 suffered by Persian Gulf veterans and illnesses or

18 disorders (including birth defects, miscarriages, and

19 stillbirths) suffered by their spouses and children.

20 (h) USE OUTSIDE DEPARTMENT OF STANDARD PRO21 TOCOLS AND GUIDELINES.—The Secretary shall—

22 (1) make the standard protocols and guidelines

23 developed under this section available to any entity

24 which requests a copy of such protocols and guide25 lines; and
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1 (2) enter into the registry the results of any ex2 amination of the spouse or child of a veteran who

3 served in the Persian Gulf theater which a licensed

4 physician certifies was conducted using those stand5 ard protocols and guidelines.

6 (i) REPORTS TO CONGRESS.—(1) The Secretary shall

7 submit to Congress no later than October 31, 1995, a re8 port on the Secretary’s implementation of this section.

9 (2) The Secretary shall analyze the data entered into

10 the registry under this section and shall submit to Con11 gress, not later than March 1, 1997, a report on that anal12 ysis and on the Secretary’s recommendation for any fur13 ther legislation or studies regarding the health status of

14 spouses and children of Persian Gulf War veterans.

15 (j) DEFINITIONS.—For purposes of this section, the

16 terms ‘‘child’’ and ‘‘spouse’’ have the meanings given

17 those terms in paragraphs (4) and (31), respectively, of

18 section 101 of title 38, United States Code.

19 SEC. 108. CLARIFICATION OF SCOPE OF HEALTH EXAMINA20 TIONS PROVIDED FOR VETERANS ELIGIBLE

21 FOR INCLUSION IN HEALTH-RELATED REG22 ISTRIES.

23 Section 703 of the Persian Gulf War Veterans’

24 Health Status Act (title VII of Public Law 102–585; 38

25 U.S.C. 527 note) is amended—
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1 (1) by inserting ‘‘(including diagnostic tests)’’

2 after ‘‘examination’’ each place it appears other than

3 in subsection (a)(1)(A);

4 (2) in subsection (a)(1)(A)—

5 (A) by inserting ‘‘(including any appro6 priate diagnostic tests)’’ after ‘‘a health exam7 ination’’; and

8 (B) by inserting ‘‘and the tests’’ after ‘‘the

9 examination’’; and

10 (3) in subsection (a)(2), by inserting ‘‘(includ11 ing any diagnostic tests)’’ after ‘‘examinations’’.

12 SEC. 109. SURVEY OF PERSIAN GULF VETERANS.

13 (a) IN GENERAL.—The Secretary of Veterans Affairs

14 may carry out a survey of Persian Gulf veterans to gather

15 information on the incidence and nature of health prob16 lems occurring in Persian Gulf veterans and their families.

17 (b) COORDINATION WITH DEPARTMENT OF DE18 FENSE.—Any survey under subsection (a) shall be carried

19 out in coordination with the Secretary of Defense.

20 (c) PERSIAN GULF VETERAN.—For purposes of this

21 section, a Persian Gulf veteran is an individual who served

22 on active duty in the Armed Forces in the Southwest Asia

23 theater of operations during the Persian Gulf War as de24 fined in section 101(33) of title 38, United States Code.
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1 SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUD2 IES.

3 (a) STUDY OF HEALTH CONSEQUENCES OF PERSIAN

4 GULF SERVICE.—If the National Academy of Sciences in5 cludes in the report required by section 706(b) of the Vet6 erans Health Care Act of 1992 (Public Law 102–585) a

7 finding that there is a sound basis for an epidemiological

8 study or studies on the health consequences of service in

9 the Persian Gulf theater of operations during the Persian

10 Gulf War and recommends the conduct of such a study

11 or studies, the Secretary of Veterans Affairs is authorized

12 to carry out such study.

13 (b) OVERSIGHT.—(1) The Secretary shall seek to

14 enter into an agreement with the Medical Follow-Up

15 Agency (MFUA) of the Institute of Medicine of the Na16 tional Academy of Sciences for (A) the review of proposals

17 to conduct the research referred to in subsection (a), (B)

18 oversight of such research, and (C) review of the research

19 findings.

20 (2) If the Secretary is unable to enter into an agree21 ment under paragraph (1) with the entity specified in that

22 paragraph, the Secretary shall enter into an agreement de23 scribed in that paragraph with another appropriate sci24 entific organization which does not have a connection to

25 the Department of Veterans Affairs. In such a case, the

26 Secretary shall submit to the Committees on Veterans’ Af-
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1 fairs of the Senate and House of Representatives, at least

2 90 days before the date on which the agreement is entered

3 into, notice in writing identifying the organization with

4 which the Secretary intends to enter into the agreement.

5 (c) ACCESS TO DATA.—The Secretary shall enter into

6 agreements with the Secretary of Defense and the Sec7 retary of Health and Human Services to make available

8 for the purposes of any study described in subsection (a)

9 all data that the Secretary, in consultation with the Na10 tional Academy of Sciences and the contractor for the

11 study, considers relevant to the study.

12 (d) AUTHORIZATION.—There are authorized to be ap13 propriated to the Department such sums as are necessary

14 for the conduct of studies described in subsection (a).

15 SEC. 111. COST-SAVINGS PROVISIONS.

16 (a) ELECTION OF DEATH PENSION BY SURVIVING

17 SPOUSE.—Section 1317 is amended—

18 (1) by striking out ‘‘No person’’ and inserting

19 in lieu thereof ‘‘(a) Except as provided in subsection

20 (b), no person’’; and

21 (2) by adding at the end the following:

22 ‘‘(b) A surviving spouse who is eligible for dependency

23 and indemnity compensation may elect to receive death

24 pension instead of such compensation.’’.
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1 (b) POLICY REGARDING COST-OF-LIVING ADJUST2 MENT IN COMPENSATION RATES FOR FISCAL YEAR

3 1995.—The fiscal year 1995 cost-of-living adjustments in

4 the rates of and limitations for compensation payable

5 under chapter 11 of title 38, United States Code, and of

6 dependency and indemnity compensation payable under

7 chapter 13 of such title will be no more than a percentage

8 equal to the percentage by which benefit amounts payable

9 under title II of the Social Security Act (42 U.S.C. 401

10 et seq.) are increased effective December 1, 1994, as a

11 result of a determination under section 215(i) of such Act

12 (42 U.S.C. 415(i)), with all increased monthly rates and

13 limitations (other than increased rates or limitations equal

14 to a whole dollar amount) rounded down to the next lower

15 dollar.

16 TITLE II—BOARD OF VETERANS’

17 APPEALS ADMINISTRATION

18 SEC. 201. APPOINTMENT, PAY COMPARABILITY, AND PER19 FORMANCE REVIEWS FOR MEMBERS OF THE

20 BOARD OF VETERANS’ APPEALS.

21 (a) MEMBERS OTHER THAN CHAIRMAN.—(1) Chap22 ter 71 is amended by inserting after section 7101 the fol23 lowing new section:
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1 ‘‘§ 7101A. Members of Board: appointment; pay; per2 formance review

3 ‘‘(a) The members of the Board of Veterans’ Appeals

4 other than the Chairman (and including the Vice Chair5 man) shall be appointed by the Secretary, with the ap6 proval of the President, based upon recommendations of

7 the Chairman.

8 ‘‘(b) Members of the Board (other than the Chairman

9 and any member of the Board who is a member of the

10 Senior Executive Service) shall, in accordance with regula11 tions prescribed by the Secretary, be paid basic pay at

12 rates equivalent to the rates payable under section 5372

13 of title 5.

14 ‘‘(c)(1)(A) The Chairman shall establish a panel to

15 review the performance of members of the Board. The

16 panel shall be comprised of the Chairman and two other

17 members of the Board (other than the Vice Chairman).

18 The Chairman shall periodically rotate membership on the

19 panel so as to ensure that each member of the Board

20 (other than the Vice Chairman) serves as a member of

21 the panel for and within a reasonable period.

22 ‘‘(B) Not less than one year after the job perform23 ance standards under subsection (f) are initially estab24 lished, and not less often than once every three years

25 thereafter, the performance review panel shall determine,

26 with respect to each member of the Board (other than the
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1 Chairman or a member who is a member of the Senior

2 Executive Service), whether that member’s job perform3 ance as a member of the Board meets the performance

4 standards for a member of the Board established under

5 subsection (f). Each such determination shall be in writ6 ing.

7 ‘‘(2) If the determination of the performance review

8 panel in any case is that the member’s job performance

9 as a member of the Board meets the performance stand10 ards for a member of the Board established under sub11 section (f), the Chairman shall recertify the member’s ap12 pointment as a member of the Board.

13 ‘‘(3) If the determination of the performance review

14 panel in any case is that the member’s job performance

15 does not meet the performance standards for a member

16 of the Board established under subsection (f), the Chair17 man shall, based upon the individual circumstances,

18 either—

19 ‘‘(A) grant the member a conditional

20 recertification; or

21 ‘‘(B) recommend to the Secretary that the

22 member be noncertified.

23 ‘‘(4) In the case of a member of the Board who is

24 granted a conditional recertification under paragraph

25 (3)(A) or (5)(A), the performance review panel shall re-
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1 view the member’s job performance record and make a

2 further determination under paragraph (1) concerning

3 that member not later than one year after the date of the

4 conditional recertification. If the determination of the per5 formance review panel at that time is that the member’s

6 job performance as a member of the Board still does not

7 meet the performance standards for a member of the

8 Board established under subsection (f), the Chairman

9 shall recommend to the Secretary that the member be

10 noncertified.

11 ‘‘(5) In a case in which the Chairman recommends

12 to the Secretary under paragraph (3) or (4) that a mem13 ber be noncertified, the Secretary, after considering the

14 recommendation of the Chairman, may either—

15 ‘‘(A) grant the member a conditional

16 recertification; or

17 ‘‘(B) determine that the member should be

18 noncertified.

19 ‘‘(d)(1) If the Secretary, based upon the rec20 ommendation of the Chairman, determines that a member

21 of the Board should be noncertified, that member’s ap22 pointment as a member of the Board shall be terminated

23 and that member shall be removed from the Board.

24 ‘‘(2) Upon removal from the Board under paragraph

25 (1), a member of the Board (other than the Chairman)
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1 who was a career or career-conditional employee in the

2 civil service before commencement of service as a member

3 of the Board shall revert to the civil service grade and

4 series held by the member immediately before the appoint5 ment of the member to the Board.

6 ‘‘(e)(1) A member of the Board (other than the

7 Chairman or a member of the Senior Executive Service)

8 may be removed as a member of the Board by reason of

9 job performance only as provided in subsections (c) and

10 (d). Such a member may be removed by the Secretary,

11 upon the recommendation of the Chairman, for any other

12 reason as determined by the Secretary.

13 ‘‘(2) In the case of a removal of a member under this

14 section for a reason other than job performance that would

15 be covered by section 7521 of title 5 in the case of an

16 administrative law judge, the removal of the member of

17 the Board shall be carried out subject to the same require18 ments as apply to removal of an administrative law judge

19 under that section. Section 554(a)(2) of title 5 shall not

20 apply to a removal action under this subsection. In such

21 a removal action, a member shall have the rights set out

22 in section 7513(b) of that title.

23 ‘‘(f) The Chairman, subject to the approval of the

24 Secretary, shall establish standards for the performance

25 of the job of a member of the Board (other than the Chair-
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1 man or a member of the Senior Executive Service). Those

2 standards shall establish objective and fair criteria for

3 evaluation of the job performance of a member of the

4 Board.

5 ‘‘(g) The Secretary shall prescribe procedures for the

6 administration of this section, including deadlines and

7 time schedules for different actions under this section.’’.

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

9 chapter is amended by inserting after the item relating

10 to section 7101 the following new item:

‘‘7101A. Members of Board: appointment; pay; performance review.’’.

11 (b) SAVE PAY PROVISION.—The rate of basic pay

12 payable to an individual who is a member of the Board

13 of Veterans’ Appeals on the date of the enactment of this

14 Act may not be reduced by reason of the amendments

15 made by this section to a rate below the rate payable to

16 such individual on the day before such date.

17 (c) EFFECTIVE DATE.—Section 7101A(b) of title 38,

18 United States Code, as added by subsection (a), shall take

19 effect on the first day of the first pay period beginning

20 after December 31, 1994.

21 (d) CONFORMING AMENDMENTS.—Section 7101(b) is

22 amended—

23 (1) by striking out paragraph (2);
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1 (2) by designating as paragraph (2) the text in

2 paragraph (1) beginning ‘‘The Chairman may be re3 moved’’; and

4 (3) by striking out ‘‘Members (including the

5 Chairman)’’ in paragraph (3) and inserting in lieu

6 thereof ‘‘The Chairman’’.

7 SEC. 202. DEADLINE FOR ESTABLISHMENT OF PERFORM8 ANCE EVALUATION CRITERIA FOR BOARD

9 MEMBERS.

10 (a) DEADLINE.—The job performance standards re11 quired to be established by section 7101A(f) of title 38,

12 United States Code, as added by section 201(a), shall be

13 established not later than 90 days after the date of the

14 enactment of this Act.

15 (b) SUBMISSION TO CONGRESSIONAL COMMIT16 TEES.—Not later than the date on which the standards

17 referred to in subsection (a) take effect, the Secretary of

18 Veterans Affairs shall submit to the Committees on Veter19 ans’ Affairs of the Senate and House of Representatives

20 a report describing the standards established by the Chair21 man of the Board of Veterans’ Appeals.

22 SEC. 203. CONTINUATION IN OFFICE OF CHAIRMAN PEND23 ING APPOINTMENT OF SUCCESSOR.

24 Section 7101(b)(3) is amended by adding at the end

25 the following new sentence: ‘‘If, upon the expiration of the
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1 term of office for which the Chairman was appointed, the

2 position of Chairman would become vacant, the individual

3 serving as Chairman may, with the approval of the Sec4 retary, continue to serve as Chairman until either ap5 pointed to another term or a successor is appointed, but

6 not beyond the end of the Congress during which the term

7 of office expired.’’.

8 TITLE III—ADJUDICATION

9 IMPROVEMENTS

10 SEC. 301. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR

11 CLAIMS PURPOSES.

12 (a) STATEMENTS OF CLAIMANT TO BE ACCEPTED

13 AS PROOF OF RELATIONSHIPS.—Chapter 51 is amended

14 by adding at the end the following new section:

15 ‘‘§ 5124. Acceptance of claimant’s statement as proof

16 of relationship

17 ‘‘(a) For purposes of benefits under laws adminis18 tered by the Secretary, the Secretary may accept the writ19 ten statement of a claimant as proof of the existence of

20 any relationship specified in subsection (b) for the purpose

21 of acting on such individual’s claim for benefits.

22 ‘‘(b) Subsection (a) applies to proof of the existence

23 of any of the following relationships between a claimant

24 and another person:

25 ‘‘(1) Marriage.
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1 ‘‘(2) Dissolution of a marriage.

2 ‘‘(3) Birth of a child.

3 ‘‘(4) Death of any family member.

4 ‘‘(c) The Secretary may require the submission of

5 documentation in support of the claimant’s statement if—

6 ‘‘(1) the claimant does not reside within a

7 State;

8 ‘‘(2) the statement on its face raises a question

9 as to its validity;

10 ‘‘(3) there is conflicting information of record;

11 or

12 ‘‘(4) there is reasonable indication, in the state13 ment or otherwise, of fraud or misrepresentation.’’.

14 (b) REPORTS OF EXAMINATIONS BY PRIVATE PHYSI15 CIANS.—Such chapter, as amended by subsection (a), is

16 further amended by adding at the end the following new

17 section:

18 ‘‘§ 5125. Acceptance of reports of private physician

19 examinations

20 ‘‘For purposes of establishing any claim for benefits

21 under chapter 11 or 15 of this title, a report of a medical

22 examination administered by a private physician that is

23 provided by a claimant in support of a claim for benefits

24 under that chapter may be accepted without a requirement

25 for confirmation by an examination by a physician em-
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1 ployed by the Veterans Health Administration if the re2 port is sufficiently complete to be adequate for the purpose

3 of adjudicating such claim.’’.

4 (c) CLERICAL AMENDMENT.—The table of sections

5 at the beginning of such chapter is amended by adding

6 at the end the following new items:

‘‘5124. Acceptance of claimant’s statement as proof of relationship.

‘‘5125. Acceptance of reports of private physician examinations.’’.

7 SEC. 302. EXPEDITED TREATMENT OF REMANDED CLAIMS.

8 The Secretary of Veterans Affairs shall take such ac9 tions as may be necessary to provide for the expeditious

10 treatment, by the Board of Veterans’ Appeals and by the

11 regional offices of the Veterans Benefits Administration,

12 of any claim that has been remanded by the Board of Vet13 erans’ Appeals or by the United States Court of Veterans

14 Appeals for additional development or other appropriate

15 action.

16 SEC. 303. SCREENING OF APPEALS.

17 Section 7107 is amended—

18 (1) in subsection (a)(1), by striking out ‘‘Each

19 case’’ and inserting in lieu thereof ‘‘Except as pro20 vided in subsection (f), each case’’; and

21 (2) by adding at the end the following new sub22 section:

23 ‘‘(f) Nothing in this section shall preclude the screen24 ing of cases for purposes of—
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1 ‘‘(1) determining the adequacy of the record for

2 decisional purposes; or

3 ‘‘(2) the development, or attempted develop4 ment, of a record found to be inadequate for

5 decisional purposes.’’.

6 SEC. 304. REPORT ON FEASIBILITY OF REORGANIZATION

7 OF ADJUDICATION DIVISIONS IN VBA RE8 GIONAL OFFICES.

9 Not later than 180 days after the date of the enact10 ment of this Act, the Secretary of Veterans Affairs shall

11 submit to the Committees on Veterans’ Affairs of the Sen12 ate and House of Representatives a report addressing the

13 feasibility and impact of a reorganization of the adjudica14 tion divisions located within the regional offices of the Vet15 erans Benefits Administration to a number of such divi16 sions that would result in improved efficiency in the proc17 essing of claims filed by veterans, their survivors, or other

18 eligible persons for benefits administered by the Secretary.

19 TITLE IV—VETERANS’ CLAIMS

20 ADJUDICATION COMMISSION

21 SEC. 401. ESTABLISHMENT OF COMMISSION.

22 (a) ESTABLISHMENT OF COMMISSION.—There is

23 hereby established a commission to be known as the Veter24 ans’ Claims Adjudication Commission (hereinafter in this

25 title referred to as the ‘‘commission’’).
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1 (b) MEMBERSHIP.—(1) The commission shall be

2 composed of nine members, appointed by the Secretary of

3 Veterans Affairs as follows:

4 (A) One member shall be appointed from

5 among former officials of the Department of Veter6 ans Affairs (or the Veterans’ Administration).

7 (B) Two members shall be appointed from

8 among individuals in the private sector who have ex9 pertise in the adjudication of claims relating to in10 surance or similar benefits.

11 (C) Two members shall be appointed from

12 among individuals employed in the Federal Govern13 ment (other than the Department of Veterans Af14 fairs) who have expertise in the adjudication of

15 claims for benefits under Federal law other than

16 under laws administered by the Secretary of Veter17 ans Affairs.

18 (D) Two members shall be appointed from

19 among individuals recommended to the Secretary by

20 representatives of veterans service organizations.

21 (E) One member shall be appointed based on a

22 recommendation of the American Bar Association or

23 a similar private organization from among individ24 uals who have expertise in the field of administrative

25 law.
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1 (F) One member shall be appointed from

2 among current officials of the Department of Veter3 ans Affairs.

4 (2) The appointment of members of the commission

5 under this subsection shall be made not later than Feb6 ruary 1, 1995.

7 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem8 bers of the commission shall be appointed for the life of

9 the commission. A vacancy in the commission shall not

10 affect its powers, but shall be filled in the same manner

11 as the original appointment.

12 (d) INITIAL MEETING.—The commission shall hold

13 its first meeting not later than 30 days after the date on

14 which all members of the commission have been appointed.

15 (e) MEETINGS.—The commission shall meet at the

16 call of the chairman.

17 (f) QUORUM.—A majority of the members of the com18 mission shall constitute a quorum, but a lesser number

19 may hold hearings.

20 (g) CHAIRMAN.—The Secretary shall designate a

21 member of the commission (other than the commission

22 member who is a current official of the Department of

23 Veterans Affairs) to be chairman of the commission.
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1 SEC. 402. DUTIES OF THE COMMISSION.

2 (a) IN GENERAL.—The commission shall carry out

3 a study of the Department of Veterans Affairs system for

4 the disposition of claims for veterans benefits.

5 (b) PURPOSE OF STUDY.—The purpose of the study

6 is to evaluate the Department of Veterans Affairs system

7 for the disposition of claims for veterans benefits in order

8 to determine the following:

9 (1) The efficiency of current processes and pro10 cedures under the system for the adjudication, reso11 lution, review, and final disposition of claims for vet12 erans benefits, including the effect of judicial review

13 on the system, and means of increasing the effi14 ciency of the system.

15 (2) Means of reducing the number of claims

16 under the system for which final disposition is pend17 ing.

18 (3) Means of enhancing the ability of the De19 partment of Veterans Affairs to achieve final deter20 mination regarding claims under the system in a

21 prompt and appropriate manner.

22 (c) CONTENTS OF STUDY.—The study to be carried

23 out by the commission under this section is a comprehen24 sive evaluation and assessment of the Department of Vet25 erans Affairs system for the disposition of claims for veter26 ans benefits (as defined in section 406) and of the system
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1 for the delivery of such benefits, together with any related

2 issues that the commission determines are relevant to the

3 study. The study shall include an evaluation and assess4 ment of the following:

5 (1) The preparation and submission of claims

6 by veterans under the system.

7 (2) The processes and procedures under the

8 system for the disposition of claims, including—

9 (A) the scope and nature of the review un10 dertaken with respect to a claim at each stage

11 in the claims disposition process, including the

12 role of hearings throughout the process;

13 (B) the number, Federal employment

14 grade, and experience and qualifications re15 quired of the persons undertaking such review

16 at each such stage;

17 (C) opportunities for the submittal of new

18 evidence; and

19 (D) the availability of alternative means of

20 completing claims.

21 (3) The effect on the system of the participa22 tion of attorneys, members of veterans service orga23 nizations, and other advocates on behalf of veterans.

24 (4) The effect on the system of actions taken

25 by the Secretary to modernize the information man-
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1 agement system of the Department, including the

2 use of electronic data management systems.

3 (5) The effect on the system of any work per4 formance standards used by the Secretary at re5 gional offices of the Department and at the Board

6 of Veterans’ Appeals.

7 (6) The extent of the implementation in the

8 system of the recommendations of the Blue Ribbon

9 Panel on Claims Processing submitted to the Com10 mittees on Veterans’ Affairs of the Senate and

11 House of Representatives on December 2, 1993, and

12 the effect of such implementation on the system.

13 (7) The effectiveness in improving the system of

14 any pilot programs carried out by the Secretary at

15 regional offices of the Department and of efforts by

16 the Secretary to implement such programs through17 out the system.

18 (8) The effectiveness of the quality control

19 practices and quality assurance practices under the

20 system in achieving the goals of such practices.

21 (d) COOPERATION OF SECRETARY.—Upon the re22 quest of the chairman of the commission, the Secretary

23 shall, within 30 days of such request, submit to the com24 mission, and to the Committees on Veterans’ Affairs of

25 the Senate and House of Representatives, such informa-
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1 tion as the chairman shall determine is necessary for the

2 commission to carry out the study required under this

3 section.

4 (e) REPORTS.—(1) Not later than one year after the

5 date of the enactment of this Act, the commission shall

6 submit to the Secretary and to the Committees on Veter7 ans’ Affairs of the Senate and House of Representatives

8 a preliminary report on the study required under sub9 section (c). The report shall contain the preliminary find10 ings and conclusions of the commission with respect to the

11 evaluation and assessment required under the study.

12 (2) Not later than 18 months after such date, the

13 commission shall submit to the Secretary and to such com14 mittees a report on such study. The report shall include

15 the following:

16 (A) The findings and conclusions of the com17 mission, including its findings and conclusions with

18 respect to the matters referred to in subsection (c).

19 (B) The recommendations of the commission

20 for means of improving the Department of Veterans

21 Affairs system for the disposition of claims for veter22 ans benefits.

23 (C) Such other information and recommenda24 tions with respect to the system as the commission

25 considers appropriate.
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1 SEC. 403. POWERS OF THE COMMISSION.

2 (a) HEARINGS.—The commission may hold such

3 hearings, sit and act at such times and places, take such

4 testimony, and receive such evidence as the commission

5 considers advisable to carry out the purposes of this title.

6 (b) INFORMATION FROM FEDERAL AGENCIES.—In

7 addition to the information referred to in section 402(d),

8 the commission may secure directly from any Federal de9 partment or agency such information as the commission

10 considers necessary to carry out the provisions of this title.

11 Upon request of the chairman of the commission, the head

12 of such department or agency shall furnish such informa13 tion to the commission.

14 (c) POSTAL SERVICES.—The commission may use the

15 United States mails in the same manner and under the

16 same conditions as other departments and agencies of the

17 Federal Government.

18 (d) GIFTS.—The commission may accept, use, and

19 dispose of gifts or donations of services or property.

20 SEC. 404. COMMISSION PERSONNEL MATTERS.

21 (a) COMPENSATION OF MEMBERS.—Each member of

22 the commission who is not an officer or employee of the

23 Federal Government shall be compensated at a rate equal

24 to the daily equivalent of the annual rate of basic pay pre25 scribed for level IV of the Executive Schedule under sec26 tion 5315 of title 5, United States Code, for each day (in-
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1 cluding travel time) during which such member is engaged

2 in the performance of the duties of the commission. All

3 members of the commission who are officers or employees

4 of the United States shall serve without compensation in

5 addition to that received for their services as officers or

6 employees of the United States.

7 (b) TRAVEL EXPENSES.—The members of the com8 mission shall be allowed travel expenses, including per

9 diem in lieu of subsistence, at rates authorized for employ10 ees of agencies under subchapter I of chapter 57 of title

11 5, United States Code, while away from their homes or

12 regular places of business in the performance of services

13 for the commission.

14 (c) STAFF.—(1) The chairman of the commission

15 may, without regard to the civil service laws and regula16 tions, appoint an executive director and such other person17 nel as may be necessary to enable the commission to per18 form its duties. The appointment of an executive director

19 shall be subject to approval by the commission.

20 (2) The chairman of the commission may fix the com21 pensation of the executive director and other personnel

22 without regard to the provisions of chapter 51 and sub23 chapter III of chapter 53 of title 5, United States Code,

24 relating to classification of positions and General Schedule

25 pay rates, except that the rate of pay for the executive
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1 director and other personnel may not exceed the rate pay2 able for level V of the Executive Schedule under section

3 5316 of such title.

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon

5 request of the chairman of the commission, the head of

6 any Federal department or agency may detail, on a

7 nonreimbursable basis, any personnel of the department

8 or agency to the commission to assist it in carrying out

9 its duties.

10 (e) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The chairman of the commission may

12 procure temporary and intermittent services under section

13 3109(b) of title 5, United States Code, at rates for individ14 uals which do not exceed the daily equivalent of the annual

15 rate of basic pay prescribed for level V of the Executive

16 Schedule under section 5316 of such title.

17 SEC. 405. TERMINATION OF THE COMMISSION.

18 The commission shall terminate 90 days after the

19 date on which the commission submits its report under

20 section 402(e)(2).

21 SEC. 406. DEFINITIONS.

22 For the purposes of this title:

23 (1) The term ‘‘Department of Veterans Affairs

24 system for the disposition of claims for veterans ben25 efits’’ means the processes and procedures of the
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1 Department of Veterans Affairs for the adjudication,

2 resolution, review, and final disposition of claims for

3 benefits under the laws administered by the Sec4 retary.

5 (2) The term ‘‘Secretary’’ means the Secretary

6 of Veterans Affairs.

7 (3) The term ‘‘veterans service organizations’’

8 means any organization approved by the Secretary

9 under section 5902(a) of title 38, United States

10 Code.

11 SEC. 407. FUNDING.

12 (a) FISCAL YEAR 1995.—From amounts appro13 priated to the Department of Veterans Affairs for fiscal

14 year 1995 for the payment of compensation and pension,

15 the amount of $400,000 is hereby made available for the

16 activities of the commission under this title.

17 (b) AVAILABILITY.—Any sums appropriated to the

18 commission shall remain available until expended.
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1 TITLE V—MISCELLANEOUS

2 PROVISIONS

3 SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CON4 CERNING COVERAGE OF RADIATION-EX5 POSED VETERANS COMPENSATION ACT OF

6 1988.

7 (a) RESTATEMENT OF ABSENCE OF STATUTORY

8 LIMITATION TO UNITED STATES TESTS.—Clause (i) of

9 section 1112(c)(3)(B) is amended by inserting ‘‘(without

10 regard to whether the nation conducting the test was the

11 United States or another nation)’’ after ‘‘nuclear device’’.

12 (b) PROOF OF SERVICE CONNECTION OF DISABIL13 ITIES RELATING TO EXPOSURE TO IONIZING RADI14 ATION.—(1) Section 1113(b) is amended—

15 (A) by striking out ‘‘title or’’ and inserting in

16 lieu thereof ‘‘title,’’; and

17 (B) by inserting ‘‘, or section 5 of Public Law

18 98–542 (38 U.S.C. 1154 note)’’ after ‘‘of this sec19 tion’’.

20 (2) The amendments made by paragraph (1) shall

21 apply with respect to applications for veterans benefits

22 that are submitted to the Secretary of Veterans Affairs

23 after the date of the enactment of this Act.
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1 SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN RE2 GIONAL OFFICE IN THE PHILIPPINES.

3 Section 315(b) is amended by striking out ‘‘Decem4 ber 31, 1994’’ and inserting in lieu thereof ‘‘December 31,

5 1999’’.

6 SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.

7 Section 5306 is amended by adding at the end the

8 following new subsection:

9 ‘‘(c) Notwithstanding subsection (b), if a new applica10 tion for pension under chapter 15 of this title or for de11 pendency and indemnity compensation for parents under

12 section 1315 of this title is filed within one year after

13 renouncement of that benefit, such application shall not

14 be treated as an original application and benefits will be

15 payable as if the renouncement had not occurred.’’.

16 SEC. 504. CLARIFICATION OF PAYMENT OF ATTORNEY FEES

17 UNDER CONTINGENT FEE AGREEMENTS.

18 (a) CLARIFICATION.—Subparagraph (A) of section

19 5904(d)(2) is amended to read as follows:

20 ‘‘(A) A fee agreement referred to in paragraph (1)

21 is one under which the total amount of the fee payable

22 to the attorney—

23 ‘‘(i) is to be paid to the attorney by the Sec24 retary directly from any past-due benefits awarded

25 on the basis of the claim; and
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1 ‘‘(ii) is contingent on whether or not the matter

2 is resolved in a manner favorable to the claimant.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply with respect to fee agreements

5 entered into on or after the date of the enactment of this

6 Act.

7 SEC. 505. CODIFICATION OF HERBICIDE-EXPOSURE PRE8 SUMPTIONS ESTABLISHED ADMINISTRA9 TIVELY.

10 Section 1116(a)(2) is amended by adding at the end

11 the following new subparagraphs:

12 ‘‘(D) Hodgkin’s disease becoming manifest to a

13 degree of disability of 10 percent or more.

14 ‘‘(E) Porphyria cutanea tarda becoming mani15 fest to a degree of disability of 10 percent or more

16 within a year after the last date on which the vet17 eran performed active military, naval, or air service

18 in the Republic of Vietnam during the Vietnam era.

19 ‘‘(F) Respiratory cancers (cancer of the lung,

20 bronchus, larynx, or trachea) becoming manifest to

21 a degree of 10 percent or more within 30 years after

22 the last date on which the veteran performed active

23 military, naval, or air service in the Republic of Viet24 nam during the Vietnam era.
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1 ‘‘(G) Multiple myeloma becoming manifest to a

2 degree of disability of 10 percent or more.’’.

3 SEC. 506. TREATMENT OF CERTAIN INCOME OF ALASKA NA4 TIVES FOR PURPOSES OF NEEDS-BASED BEN5 EFITS.

6 Any receipt by an individual from a Native Corpora7 tion under the Alaska Native Claims Settlement Act (43

8 U.S.C. 1601 et seq.) of cash, stock, land, or other interests

9 referred to in subparagraphs (A) through (E) of section

10 29(c) of that Act (43 U.S.C. 1626(c)) (whether such re11 ceipt is attributable to the disposition of real property,

12 profits from the operation of real property, or otherwise)

13 shall not be countable as income for purposes of any law

14 administered by the Secretary of Veterans Affairs.

15 SEC. 507. ELIMINATION OF REQUIREMENT FOR PAYMENT

16 OF CERTAIN BENEFITS IN PHILIPPINE

17 PESOS.

18 (a) GENERAL RULE.—The second sentence of each

19 of subsections (a) and (b) of section 107 is amended—

20 (1) by striking out ‘‘rate in pesos as is equiva21 lent to’’ and inserting in lieu thereof ‘‘rate of’’; and

22 (2) by striking out ‘‘rate in Philippine pesos as

23 is equivalent to’’ and inserting in lieu thereof ‘‘rate

24 of’’.
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1 (b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL

2 ASSISTANCE.—Sections 3532(d) and 3565(b)(1) are

3 amended by striking out ‘‘a rate in Philippine pesos equiv4 alent to’’ and inserting in lieu thereof ‘‘the rate of’’.

5 (c) EFFECTIVE DATE.—The amendments made by

6 this section shall apply with respect to payments made

7 after December 31, 1994.

8 SEC. 508. STUDY OF HEALTH CONSEQUENCES FOR FAMILY

9 MEMBERS OF ATOMIC VETERANS OF EXPO10 SURE OF ATOMIC VETERANS TO IONIZING RA11 DIATION.

12 (a) INTERAGENCY AGREEMENT.—The Secretary of

13 Veterans Affairs shall enter into an agreement with the

14 Medical Follow-Up Agency of the Institute of the Medicine

15 of the National Academy of Sciences under which that

16 agency shall convene a panel of appropriate individuals to

17 carry out the evaluation described in subsection (b).

18 (b) EVALUATION OF FEASIBILITY OF STUDY.—(1)

19 The panel convened under subsection (a) shall evaluate the

20 feasibility of carrying out a study as described in sub21 section (c).

22 (2) The panel shall submit the results of the evalua23 tion under paragraph (1) to the Secretary not later than

24 180 days after the date of the enactment of this Act. The

25 Secretary shall promptly notify the Committees on Veter-
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1 ans’ Affairs of the Senate and the House of Representa2 tives of such results.

3 (c) DESCRIPTION OF STUDY TO BE EVALUATED.—

4 The study referred to in subsection (b) (the feasibility of

5 which is to be evaluated under that subsection by the

6 panel convened under subsection (a)) is one which would

7 determine the nature and extent, if any, of the relationship

8 between the exposure of veterans described in subsection

9 (d) to ionizing radiation and the following:

10 (1) Genetic defects and illnesses in the children

11 and grandchildren of such veterans.

12 (2) Untoward pregnancy outcomes experienced

13 by the wives of such veterans, including premature

14 births, stillbirths, miscarriages, neonatal illnesses

15 and deaths.

16 (3) Periparturient diseases of the mother which

17 are the direct result of such untoward pregnancy

18 outcomes.

19 (d) COVERED VETERANS.—Subsection (c) applies

20 to—

21 (1) any veteran who was exposed (as deter22 mined by the Secretary) to ionizing radiation as a

23 result of—

24 (A) participation while on active duty in

25 the Armed Forces in an atmospheric nuclear
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1 test that included the detonation of a nuclear

2 device;

3 (B) service in the Armed Forces with the

4 United States occupation force of Hiroshima or

5 Nagasaki, Japan, before July 1, 1946; or

6 (C) internment or detention as a prisoner

7 of war of Japan before that date in cir8 cumstances providing the opportunity for expo9 sure to ionizing radiation comparable to the ex10 posure of individuals who served with such oc11 cupation force before that date; and

12 (2) any other veteran who the Secretary des13 ignates for coverage under the study.

14 SEC. 509. CENTER FOR MINORITY VETERANS AND CENTER

15 FOR WOMEN VETERANS.

16 (a) IN GENERAL.—Chapter 3 is amended by striking

17 out section 317 and inserting in lieu thereof the following

18 new sections:

19 ‘‘§ 317. Center for Minority Veterans

20 ‘‘(a) There is in the Department a Center for Minor21 ity Veterans. There is at the head of the Center a Direc22 tor.

23 ‘‘(b) The Director shall be a noncareer appointee in

24 the Senior Executive Service. The Director shall be ap25 pointed for a term of six years.
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1 ‘‘(c) The Director reports directly to the Secretary

2 or the Deputy Secretary concerning the activities of the

3 Center.

4 ‘‘(d) The Director shall perform the following func5 tions with respect to veterans who are minorities:

6 ‘‘(1) Serve as principal adviser to the Secretary

7 on the adoption and implementation of policies and

8 programs affecting veterans who are minorities.

9 ‘‘(2) Make recommendations to the Secretary,

10 the Under Secretary for Health, the Under Sec11 retary for Benefits, and other Department officials

12 for the establishment or improvement of programs in

13 the Department for which veterans who are minori14 ties are eligible.

15 ‘‘(3) Promote the use of benefits authorized by

16 this title by veterans who are minorities and the con17 duct of outreach activities to veterans who are mi18 norities, in conjunction with outreach activities car19 ried out under chapter 77 of this title.

20 ‘‘(4) Disseminate information and serve as a re21 source center for the exchange of information re22 garding innovative and successful programs which

23 improve the services available to veterans who are

24 minorities.
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1 ‘‘(5) Conduct and sponsor appropriate social

2 and demographic research on the needs of veterans

3 who are minorities and the extent to which programs

4 authorized under this title meet the needs of those

5 veterans, without regard to any law concerning the

6 collection of information from the public.

7 ‘‘(6) Analyze and evaluate complaints made by

8 or on behalf of veterans who are minorities about

9 the adequacy and timeliness of services provided by

10 the Department and advise the appropriate official

11 of the Department of the results of such analysis or

12 evaluation.

13 ‘‘(7) Consult with, and provide assistance and

14 information to, officials responsible for administering

15 Federal, State, local, and private programs that as16 sist veterans, to encourage those officials to adopt

17 policies which promote the use of those programs by

18 veterans who are minorities.

19 ‘‘(8) Advise the Secretary when laws or policies

20 have the effect of discouraging the use of benefits by

21 veterans who are minorities.

22 ‘‘(9) Publicize the results of medical research

23 which are of particular significance to veterans who

24 are minorities.
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1 ‘‘(10) Perform such other duties consistent with

2 this section as the Secretary shall prescribe.

3 ‘‘(e) The Secretary shall ensure that the Director is

4 furnished sufficient resources to enable the Director to

5 carry out the functions of the Center in a timely manner.

6 ‘‘(f) The Secretary shall include in documents sub7 mitted to Congress by the Secretary in support of the

8 President’s budget for each fiscal year—

9 ‘‘(1) detailed information on the budget for the

10 Center;

11 ‘‘(2) the Secretary’s opinion as to whether the

12 resources (including the number of employees) pro13 posed in the budget for that fiscal year are adequate

14 to enable the Center to comply with its statutory

15 and regulatory duties; and

16 ‘‘(3) a report on the activities and significant

17 accomplishments of the Center during the preceding

18 fiscal year.

19 ‘‘§ 318. Center for Women Veterans

20 ‘‘(a) There is in the Department a Center for Women

21 Veterans. There is at the head of the Center a Director.

22 ‘‘(b) The Director shall be a noncareer appointee in

23 the Senior Executive Service. The Director shall be ap24 pointed for a term of six years.
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1 ‘‘(c) The Director reports directly to the Secretary

2 or the Deputy Secretary concerning the activities of the

3 Center.

4 ‘‘(d) The Director shall perform the following func5 tions with respect to veterans who are women:

6 ‘‘(1) Serve as principal adviser to the Secretary

7 on the adoption and implementation of policies and

8 programs affecting veterans who are women.

9 ‘‘(2) Make recommendations to the Secretary,

10 the Under Secretary for Health, the Under Sec11 retary for Benefits, and other Department officials

12 for the establishment or improvement of programs in

13 the Department for which veterans who are women

14 are eligible.

15 ‘‘(3) Promote the use of benefits authorized by

16 this title by veterans who are women and the con17 duct of outreach activities to veterans who are

18 women, in conjunction with outreach activities car19 ried out under chapter 77 of this title.

20 ‘‘(4) Disseminate information and serve as a re21 source center for the exchange of information re22 garding innovative and successful programs which

23 improve the services available to veterans who are

24 women.
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1 ‘‘(5) Conduct and sponsor appropriate social

2 and demographic research on the needs of veterans

3 who are women and the extent to which programs

4 authorized under this title meet the needs of those

5 veterans, without regard to any law concerning the

6 collection of information from the public.

7 ‘‘(6) Analyze and evaluate complaints made by

8 or on behalf of veterans who are women about the

9 adequacy and timeliness of services provided by the

10 Department and advise the appropriate official of

11 the Department of the results of such analysis or

12 evaluation.

13 ‘‘(7) Consult with, and provide assistance and

14 information to, officials responsible for administering

15 Federal, State, local, and private programs that as16 sist veterans, to encourage those officials to adopt

17 policies which promote the use of those programs by

18 veterans who are women.

19 ‘‘(8) Advise the Secretary when laws or policies

20 have the effect of discouraging the use of benefits by

21 veterans who are women.

22 ‘‘(9) Publicize the results of medical research

23 which are of particular significance to veterans who

24 are women.
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1 ‘‘(10) Advise the Secretary and other appro2 priate officials on the effectiveness of the Depart3 ment’s efforts to accomplish the goals of section

4 492B of the Public Health Service Act (relating to

5 the inclusion of women and minorities in clinical re6 search) and of particular health conditions affecting

7 women’s health which should be studied as part of

8 the Department’s medical research program and

9 promote cooperation between the Department and

10 other sponsors of medical research of potential bene11 fit to veterans who are women.

12 ‘‘(11) Provide support and administrative serv13 ices to the Advisory Committee on Women Veterans

14 established under section 542 of this title.

15 ‘‘(12) Perform such other duties consistent with

16 this section as the Secretary shall prescribe.

17 ‘‘(e) The Secretary shall ensure that the Director is

18 furnished sufficient resources to enable the Director to

19 carry out the functions of the Center in a timely manner.

20 ‘‘(f) The Secretary shall include in documents sub21 mitted to Congress by the Secretary in support of the

22 President’s budget for each fiscal year—

23 ‘‘(1) detailed information on the budget for the

24 Center;
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1 ‘‘(2) the Secretary’s opinion as to whether the

2 resources (including the number of employees) pro3 posed in the budget for that fiscal year are adequate

4 to enable the Center to comply with its statutory

5 and regulatory duties; and

6 ‘‘(3) a report on the activities and significant

7 accomplishments of the Center during the preceding

8 fiscal year.’’.

9 (b) CLERICAL AMENDMENT.—The table of sections

10 at the beginning of such chapter is amended by striking

11 out the item relating to section 317 and inserting in lieu

12 thereof the following new items:

‘‘317. Center for Minority Veterans.

‘‘318. Center for Women Veterans.’’.

13 SEC. 510. ADVISORY COMMITTEE ON MINORITY VETERANS.

14 (a) ESTABLISHMENT.—Subchapter III of chapter 5

15 is amended by adding at the end the following new section:

16 ‘‘§ 544. Advisory Committee on Minority Veterans

17 ‘‘(a)(1) The Secretary shall establish an advisory

18 committee to be known as the Advisory Committee on Mi19 nority Veterans (hereinafter in this section referred to as

20 ‘the Committee’).

21 ‘‘(2)(A) The Committee shall consist of members ap22 pointed by the Secretary from the general public, includ23 ing—
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1 ‘‘(i) representatives of veterans who are minor2 ity group members;

3 ‘‘(ii) individuals who are recognized authorities

4 in fields pertinent to the needs of veterans who are

5 minority group members;

6 ‘‘(iii) veterans who are minority group members

7 and who have experience in a military theater of op8 erations; and

9 ‘‘(iv) veterans who are minority group members

10 and who do not have such experience.

11 ‘‘(B) The Committee shall include, as ex officio mem12 bers, the following:

13 ‘‘(i) The Secretary of Labor (or a representative

14 of the Secretary of Labor designated by the Sec15 retary after consultation with the Assistant Sec16 retary of Labor for Veterans’ Employment).

17 ‘‘(ii) The Secretary of Defense (or a representa18 tive of the Secretary of Defense designated by the

19 Secretary of Defense).

20 ‘‘(iii) The Secretary of the Interior (or a rep21 resentative of the Secretary of the Interior des22 ignated by the Secretary of the Interior).

23 ‘‘(iv) The Secretary of Commerce (or a rep24 resentative of the Secretary of Commerce designated

25 by the Secretary of Commerce).
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1 ‘‘(v) The Secretary of Health and Human Serv2 ices (or a representative of the Secretary of Health

3 and Human Services designated by the Secretary of

4 Health and Human Services).

5 ‘‘(vi) The Under Secretary for Health and the

6 Under Secretary for Benefits, or their designees.

7 ‘‘(C) The Secretary may invite representatives of

8 other departments and agencies of the United States to

9 participate in the meetings and other activities of the

10 Committee.

11 ‘‘(3) The Secretary shall determine the number,

12 terms of service, and pay and allowances of members of

13 the Committee appointed by the Secretary, except that a

14 term of service of any such member may not exceed three

15 years. The Secretary may reappoint any such member for

16 additional terms of service.

17 ‘‘(4) The Committee shall meet as often as the Sec18 retary considers necessary or appropriate, but not less

19 often than twice each fiscal year.

20 ‘‘(b) The Secretary shall, on a regular basis, consult

21 with and seek the advice of the Committee with respect

22 to the administration of benefits by the Department for

23 veterans who are minority group members, reports and

24 studies pertaining to such veterans and the needs of such

25 veterans with respect to compensation, health care, reha-
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1 bilitation, outreach, and other benefits and programs ad2 ministered by the Department.

3 ‘‘(c)(1) Not later than July 1 of each year, the Com4 mittee shall submit to the Secretary a report on the pro5 grams and activities of the Department that pertain to

6 veterans who are minority group members. Each such re7 port shall include—

8 ‘‘(A) an assessment of the needs of veterans

9 who are minority group members with respect to

10 compensation, health care, rehabilitation, outreach,

11 and other benefits and programs administered by

12 the Department;

13 ‘‘(B) a review of the programs and activities of

14 the Department designed to meet such needs; and

15 ‘‘(C) such recommendations (including rec16 ommendations for administrative and legislative ac17 tion) as the Committee considers appropriate.

18 ‘‘(2) The Secretary shall, within 60 days after receiv19 ing each report under paragraph (1), submit to Congress

20 a copy of the report, together with any comments concern21 ing the report that the Secretary considers appropriate.

22 ‘‘(3) The Committee may also submit to the Sec23 retary such other reports and recommendations as the

24 Committee considers appropriate.
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1 ‘‘(4) The Secretary shall submit with each annual re2 port submitted to the Congress pursuant to section 529

3 of this title a summary of all reports and recommendations

4 of the Committee submitted to the Secretary since the pre5 vious annual report of the Secretary submitted pursuant

6 to such section.

7 ‘‘(d) In this section, the term ‘minority group mem8 ber’ means an individual who is—

9 ‘‘(1) Asian American;

10 ‘‘(2) Black;

11 ‘‘(3) Hispanic;

12 ‘‘(4) Native American (including American In13 dian, Alaskan Native, and Native Hawaiian); or

14 ‘‘(5) Pacific-Islander American.

15 ‘‘(e) The Committee shall cease to exist December 31,

16 1997.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of such chapter is amended by adding

19 after the item relating to section 543 the following new

20 item:

‘‘544. Advisory Committee on Minority Veterans.’’.

21 SEC. 511. MAILING OF NOTICES OF APPEAL TO THE COURT

22 OF VETERANS APPEALS.

23 (a) IN GENERAL.—Section 7266(a) is amended to

24 read as follows:
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1 ‘‘(a)(1) In order to obtain review by the Court of Vet2 erans Appeals of a final decision of the Board of Veterans’

3 Appeals, a person adversely affected by such decision shall

4 file a notice of appeal with the Court within 120 days after

5 the date on which notice of the decision is mailed pursuant

6 to section 7104(e) of this title.

7 ‘‘(2) An appellant shall file a notice of appeal under

8 this section by delivering or mailing the notice to the

9 Court.

10 ‘‘(3) A notice of appeal shall be deemed to be received

11 by the Court as follows:

12 ‘‘(A) On the date of receipt by the Court, if the

13 notice is delivered.

14 ‘‘(B) On the date of the United States Post

15 Service postmark stamped on the cover in which the

16 notice is posted, if the notice is properly addressed

17 to the Court and is mailed.

18 ‘‘(4) For a notice of appeal mailed to the Court to

19 be deemed to be received under paragraph (3)(B) on a

20 particular date, the United States Postal Service postmark

21 on the cover in which the notice is posted must be legible.

22 The Court shall determine the legibility of any such post23 mark and the Court’s determination as to legibility shall

24 be final and not subject to review by any other Court.’’.
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1 (b) APPLICATION.—The amendment made by sub2 section (a) shall take effect on the date of the enactment

3 of this Act and shall apply to notices of appeal that are

4 delivered or mailed to the United States Court of Veterans

5 Appeals on or after that date.

6 TITLE VI—EDUCATION AND

7 TRAINING PROGRAMS

8 SEC. 601. FLIGHT TRAINING.

9 (a) ACTIVE DUTY PROGRAM.—Section 3034(d) is

10 amended—

11 (1) by striking out paragraph (2);

12 (2) by striking out ‘‘(1)’’ after ‘‘(d)’’; and

13 (3) by redesignating subparagraphs (A), (B),

14 and (C) as paragraphs (1), (2), and (3), respectively.

15 (b) POST-VIETNAM ERA.—Section 3241(b) is amend16 ed—

17 (1) by striking out paragraph (2);

18 (2) by striking out ‘‘(1)’’ after ‘‘(b)’’; and

19 (3) by redesignating subparagraphs (A), (B),

20 and (C) as paragraphs (1), (2), and (3), respectively.

21 (c) RESERVE PROGRAM.—Section 2136(c) of title 10,

22 United States Code, is amended—

23 (1) by striking out paragraph (2);

24 (2) by striking out ‘‘(1)’’ after ‘‘(c)’’; and
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1 (3) by redesignating subparagraphs (A), (B),

2 and (C) as paragraphs (1), (2), and (3), respectively.

3 (d) EFFECTIVE DATE.—The amendments made by

4 this section shall take effect as of October 1, 1994.

5 SEC. 602. TRAINING AND REHABILITATION FOR VETERANS

6 WITH SERVICE-CONNECTED DISABILITIES.

7 (a) REHABILITATION RESOURCES.—Section 3115 is

8 amended—

9 (1) in subsection (a)—

10 (A) in paragraph (1)—

11 (i) by striking out ‘‘or’’ after ‘‘(includ12 ing the Department of Veterans Affairs),’’;

13 and

14 (ii) by inserting ‘‘or of any federally

15 recognized Indian tribe,’’ after ‘‘financial

16 assistance,’’; and

17 (B) in paragraph (4), by inserting ‘‘any

18 federally recognized Indian tribe,’’ after ‘‘con19 tributions,’’; and

20 (2) by adding at the end the following:

21 ‘‘(c) For purposes of this section, the term ‘federally

22 recognized Indian tribe’ means any Indian tribe, band, na23 tion, pueblo, or other organized group or community, in24 cluding any Alaska Native village or regional corporation

25 as defined in or established pursuant to the Alaska Native
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1 Claims Settlement Act, which is recognized as eligible for

2 the special programs and services provided by the United

3 States to Indians because of their status as Indians.’’.

4 (b) ALLOWANCES.—Section 3108(c)(2) is amended

5 by inserting ‘‘or federally recognized Indian tribe’’ after

6 ‘‘local government agency’’.

7 (c) TECHNICAL CORRECTION.—(1) Section 404(b) of

8 the Veterans’ Benefits Act of 1992 (106 Stat. 4338) is

9 amended by striking out the period at the end and insert10 ing in lieu thereof ‘‘, but shall not apply to veterans and

11 other persons who originally applied for assistance under

12 chapter 31 of title 38, United States Code, before Novem13 ber 1, 1990.’’.

14 (2) The amendment made by paragraph (1) shall

15 take effect as of October 29, 1992.

16 SEC. 603. ALTERNATIVE TEACHER CERTIFICATION PRO17 GRAMS.

18 (a) IN GENERAL.—Section 3452(c) is amended by

19 adding at the end the following: ‘‘For the period ending

20 on September 30, 1996, such term includes any entity that

21 provides training required for completion of any State-ap22 proved alternative teacher certification program (as deter23 mined by the Secretary).’’.
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1 (b) CLARIFYING AMENDMENT.—Section 3002 is

2 amended by adding at the end the following new para3 graph:

4 ‘‘(8) The term ‘educational institution’ has the mean5 ing given such term in section 3452(c) of this title.’’.

6 SEC. 604. EDUCATION OUTSIDE THE UNITED STATES.

7 (a) IN GENERAL.—The first sentence of section 3476

8 is amended to read as follows: ‘‘An eligible veteran may

9 not enroll in any course offered by an educational institu10 tion not located in a State unless that educational institu11 tion is an approved institution of higher learning and the

12 course is approved by the Secretary.’’.

13 (b) EFFECTIVE DATE.—The amendment made by

14 subsection (a) shall apply with respect to courses approved

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

16 SEC. 605. CORRESPONDENCE COURSES.

17 (a) APPROVAL OF PROGRAMS OF EDUCATION.—(1)

18 Section 3672 is amended by adding at the end the follow19 ing new subsection:

20 ‘‘(e) A program of education exclusively by cor21 respondence, and the correspondence portion of a com22 bination correspondence-residence course leading to a vo23 cational objective, that is offered by an educational institu24 tion (as defined in section 3452(c) of this title) may be

25 approved only if (1) the educational institution is accred-
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1 ited by an entity recognized by the Secretary of Education,

2 and (2) at least 50 percent of those pursuing such a pro3 gram or course require six months or more to complete

4 the program or course.’’.

5 (2)(A) Section 3675(a)(2)(B) is amended by striking

6 out ‘‘A State’’ and inserting in lieu thereof ‘‘Except as

7 provided in section 3672(e) of this title, a State’’.

8 (B) Section 3680(a) is amended—

9 (i) by inserting ‘‘or’’ at the end of paragraph

10 (2);

11 (ii) by striking out ‘‘; or’’ at the end of para12 graph (3) and inserting in lieu thereof a period; and

13 (iii) by striking out paragraph (4).

14 (C) Section 3686(c) is amended by striking out

15 ‘‘(other than one subject to the provisions of section 3676

16 of this title)’’.

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

18 subsection (a) shall apply with respect to programs of edu19 cation exclusively by correspondence and to correspond20 ence-residence courses commencing more than 90 days

21 after the date of the enactment of this Act.

22 SEC. 606. STATE APPROVING AGENCIES.

23 (a) REIMBURSEMENT.—(1) Section 3674(a)(4) is

24 amended by striking out ‘‘$12,000,000’’ each place it ap25 pears and inserting in lieu thereof ‘‘$13,000,000’’.
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1 (2) The amendments made by subsection (a) shall

2 apply with respect to services provided under such section

3 after September 30, 1994.

4 (b) ELIMINATION OF REQUIREMENT FOR QUAR5 TERLY REPORT TO CONGRESS.—Section 3674(a)(3) is

6 amended—

7 (1) by striking out subparagraph (B); and

8 (2) by striking out ‘‘(A)’’ after ‘‘(3)’’.

9 (c) EVALUATION OF AGENCY PERFORMANCE.—Sec10 tion 3674A is amended—

11 (1) in subsection (a)—

12 (A) by striking out paragraph (3); and

13 (B) by redesignating paragraphs (4) and

14 (5) as paragraphs (3) and (4), respectively; and

15 (2) in subsection (b)—

16 (A) by striking out ‘‘subsection (a)(5) of

17 this section’’ both places it appears and insert18 ing in lieu thereof ‘‘subsection (a)(4)’’; and

19 (B) by inserting ‘‘of this title’’ after ‘‘sec20 tion 3674(a)’’ both places it appears.

21 SEC. 607. MEASUREMENT OF COURSES.

22 Section 3688(b) is amended—

23 (1) by striking out ‘‘this chapter or’’ and insert24 ing in lieu thereof ‘‘this chapter,’’; and
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1 (2) by inserting before the period at the end

2 thereof the following: ‘‘, or chapter 106 of title 10’’.

3 SEC. 608. VETERANS’ ADVISORY COMMITTEE ON EDU4 CATION.

5 Section 3692 is amended—

6 (1) in the first sentence of subsection (a)—

7 (A) by striking out ‘‘34,’’; and

8 (B) by inserting ‘‘and chapter 106 of title

9 10’’ before the period at the end;

10 (2) in the first sentence of subsection (b), by

11 striking out ‘‘this chapter’’ and all that follows

12 through ‘‘of this title’’ and inserting in lieu thereof

13 ‘‘this chapter, chapter 30, 32, and 35 of this title,

14 and chapter 106 of title 10’’; and

15 (3) in subsection (c), by striking out ‘‘December

16 31, 1994’’ and inserting in lieu thereof ‘‘December

17 31, 2003’’.

18 SEC. 609. CONTRACT EDUCATIONAL AND VOCATIONAL

19 COUNSELING.

20 (a) PAYMENT LIMITATION.—Section 3697(b) is

21 amended by striking out ‘‘$5,000,000’’ and inserting in

22 lieu thereof ‘‘$6,000,000’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall take effect on October 1, 1994.
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1 SEC. 610. SERVICE MEMBERS OCCUPATIONAL CONVERSION

2 AND TRAINING ACT OF 1992.

3 (a) PERIOD OF TRAINING.—(1) Section 4485(d) of

4 the Service Members Occupational Conversion and Train5 ing Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note)

6 is amended by striking out ‘‘or more than 18 months’’.

7 (2)(A) Section 4486(d)(2) of such Act (102 Stat.

8 2760; 10 U.S.C. 1143 note) is amended by striking out

9 the period at the end thereof and inserting in lieu thereof

10 the following: ‘‘in the community for the entire period of

11 training of the eligible person.’’.

12 (B) The amendment made by subparagraph (A) shall

13 apply with respect to programs of training under the Serv14 ice Members Occupational Conversion and Training Act

15 of 1992 beginning after the date of the enactment of this

16 Act.

17 (b) PAYMENTS.—Section 4487 of such Act (106 Stat.

18 2762; 10 U.S.C. 1143 note) is amended—

19 (1) in subsection (a)(1)—

20 (A) by striking out ‘‘subparagraph (B)’’ in

21 subparagraph (A) and inserting in lieu thereof

22 ‘‘subparagraphs (B) and (C)’’;

23 (B) by inserting before the period at the

24 end of subparagraph (A) the following: ‘‘but in

25 no event to exceed hours equivalent to 18

26 months of training’’; and
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1 (C) by adding at the end the following new

2 subparagraph:

3 ‘‘(C) Assistance may be paid under this subtitle on

4 behalf of an eligible person to that person’s employer for

5 training under two or more programs of job training under

6 this subtitle if such employer has not received (or is not

7 due) on that person’s behalf assistance in an amount ag8 gregating the applicable amount set forth in subparagraph

9 (B).’’; and

10 (2) in subsection (b)(3), by inserting before the

11 period at the end thereof ‘‘, or upon the completion

12 of the 18th month of training under the last training

13 program approved for the person’s pursuit with that

14 employer under this subtitle, whichever is earlier’’.

15 (c) ENTRY INTO PROGRAM OF JOB TRAINING.—Sec16 tion 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143

17 note) is amended by striking out the third sentence thereof

18 and inserting in lieu thereof ‘‘The eligible person may

19 begin such program of job training with the employer on

20 the day that notice is transmitted to such official by means

21 prescribed by such official. However, assistance under this

22 subtitle may not be provided to the employer if such offi23 cial, within two weeks after the date on which such notice

24 is transmitted, disapproves the eligible person’s entry into
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1 that program of job training in accordance with this

2 section.’’.

3 TITLE VII—EMPLOYMENT

4 PROGRAMS

5 SEC. 701. JOB COUNSELING, TRAINING, AND PLACEMENT.

6 (a) DEPUTY ASSISTANT SECRETARY OF LABOR FOR

7 VETERANS’ EMPLOYMENT AND TRAINING.—Section

8 4102A(a) is amended—

9 (1) by striking out ‘‘(1)’’ and ‘‘(2)’’ and insert10 ing in lieu thereof ‘‘(A)’’ and ‘‘(B)’’, respectively;

11 (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

12 (3) by adding at the end the following:

13 ‘‘(2) There shall be within the Department of Labor

14 a Deputy Assistant Secretary of Labor for Veterans’ Em15 ployment and Training. The Deputy Assistant Secretary

16 shall perform such functions as the Assistant Secretary

17 of Labor for Veterans’ Employment and Training pre18 scribes. The Deputy Assistant Secretary shall be a vet19 eran.’’.

20 (b) DVOP SPECIALISTS COMPENSATION RATES.—

21 Section 4103A(a)(1) is amended by striking out ‘‘a rate

22 not less than the rate prescribed for an entry level profes23 sional’’ and inserting in lieu thereof ‘‘rates comparable to

24 those paid other professionals performing essentially simi25 lar duties’’.
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1 (c) SPECIAL UNEMPLOYMENT STUDY.—Subsection

2 (a) of section 4110A is amended to read as follows:

3 ‘‘(a)(1) The Secretary, through the Bureau of Labor

4 Statistics, shall conduct a study every two years of unem5 ployment among each of the following categories of veter6 ans:

7 ‘‘(A) Special disabled veterans.

8 ‘‘(B) Veterans of the Vietnam era who served

9 in the Vietnam theater of operations during the

10 Vietnam era.

11 ‘‘(C) Veterans who served on active duty during

12 the Vietnam era who did not serve in the Vietnam

13 theater of operations.

14 ‘‘(D) Veterans who served on active duty after

15 the Vietnam era.

16 ‘‘(E) Veterans discharged or released from ac17 tive duty within four years of the applicable study.

18 ‘‘(2) Within each of the categories of veterans speci19 fied in paragraph (1), the Secretary shall include a sepa20 rate category for women who are veterans.

21 ‘‘(3) The Secretary shall promptly submit to Con22 gress a report on the results of each study under para23 graph (1).’’.
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1 SEC. 702. EMPLOYMENT AND TRAINING OF VETERANS.

2 (a) FEDERAL CONTRACTS.—Section 4212(a) is

3 amended by striking out ‘‘all of its suitable employment

4 openings,’’ in clause (1) of the third sentence and insert5 ing in lieu thereof ‘‘all of its employment openings except

6 that the contractor may exclude openings for executive

7 and top management positions, positions which are to be

8 filled from within the contractor’s organization, and posi9 tions lasting three days or less,’’.

10 (b) ELIGIBILITY REQUIREMENTS FOR VETERANS

11 UNDER FEDERAL EMPLOYMENT AND TRAINING PRO12 GRAMS.—Section 4213 is amended—

13 (1) by striking out ‘‘chapters 11, 13, 31, 34,

14 35, and 36 of this title by an eligible veteran and’’

15 and inserting in lieu thereof ‘‘chapters 11, 13, 30,

16 31, 35, and 36 of this title by an eligible veteran,’’;

17 (2) by inserting ‘‘and any amounts received by

18 an eligible person under chapter 106 of title 10,’’

19 after ‘‘chapters 13 and 35 of such title, and’’; and

20 (3) by striking out ‘‘the needs or qualifications

21 of participants in’’ and inserting in lieu thereof ‘‘eli22 gibility under’’.
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1 SEC. 703. CONFORMING AMENDMENTS TO ERISA RELATING

2 TO THE UNIFORMED SERVICES EMPLOYMENT

3 AND REEMPLOYMENT RIGHTS ACT OF 1994.

4 (a) PERIOD OF CONTINUATION COVERAGE.—Section

5 602(2)(A) of the Employee Retirement Income Security

6 Act of 1974 (29 U.S.C. 1162(2)(A)) is amended by adding

7 at the end the following new clause:

8 ‘‘(vi) SPECIAL RULE FOR ABSENCE

9 FROM EMPLOYMENT BY REASON OF SERV10 ICE IN THE UNIFORMED SERVICES.—In

11 the case of a qualifying event described in

12 section 603(2), resulting in an absence

13 from employment by reason of service in

14 the unformed services to which section

15 4317 of title 38, United States Code, ap16 plies, if the covered employee makes an

17 election under such section 4317, the date

18 which is the earlier of—

19 ‘‘(I) 18 months after the date of

20 the qualifying event, or

21 ‘‘(II) the day after the date on

22 which the covered employee fails to

23 apply for or return to a position of

24 employment, as determined under sec25 tion 4312(e) of such title 38.’’.
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1 (b) PREMIUM REQUIREMENTS.—Section 602(3) of

2 such Act (29 U.S.C. 1162(3)) is amended—

3 (1) by redesignating subparagraphs (A) and

4 (B) as clauses (i) and (ii), respectively;

5 (2) by striking ‘‘The plan may require’’ and in6 serting the following:

7 ‘‘(A) IN GENERAL.—The plan may re8 quire’’;

9 (3) by adjusting the left-hand margination of

10 subparagraph (A) and clauses (i) and (ii) thereof (as

11 redesignated by paragraphs (1) and (2)) accordingly;

12 (4) in the last sentence of subparagraph (A) (as

13 redesignated), by striking ‘‘subparagraph (A) of this

14 paragraph’’ and inserting ‘‘clause (i) of this sub15 paragraph’’; and

16 (5) by adding at the end the following new sub17 paragraph:

18 ‘‘(B) SPECIAL RULE FOR ABSENCE FROM

19 EMPLOYMENT BY REASON OF SERVICE IN THE

20 UNIFORMED SERVICES.—

21 ‘‘(i) LIMITATION ON EMPLOYEE PRE22 MIUM.—In the case of a qualifying event

23 described in section 603(2), resulting in an

24 absence from employment by reason of

25 service in the unformed services to which
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1 section 4317 of title 38, United States

2 Code, applies, if the covered employee

3 makes an election under such section 4317

4 and the covered employee performed such

5 service for less than 31 days, the portion

6 of the premium which the covered em7 ployee is required to pay may not exceed

8 the portion (if any) of the premium which

9 the covered employee would have been re10 quired to pay but for the qualifying event.

11 ‘‘(ii) TREATMENT OF MULTIEM12 PLOYER PLANS.—In the case of a group

13 health plan that is a multiemployer plan,

14 any liability under the plan for the portion

15 of the premium payable by the employer

16 shall be allocated by the plan in such man17 ner as the plan sponsor shall provide, ex18 cept that, if the plan sponsor does not so

19 provide, such liability shall be allocated by

20 the plan—

21 ‘‘(I) to the last employer employ22 ing the covered employee before the

23 period served by the covered employee

24 in the uniformed services, or
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1 ‘‘(II) if such last employer is no

2 longer functional, to the plan.’’.

3 (c) ENFORCEMENT OF CONSTITUTION COVERAGE

4 REQUIREMENTS.—Section 607 of such act (29 U.S.C.

5 1167) is amended by adding at the end the following new

6 paragraph:

7 ‘‘(6) ENFORCEMENT OF PROVISIONS RELATING

8 TO ABSENCE FROM EMPLOYMENT BY REASON OF

9 SERVICE IN THE UNIFORMED SERVICES.—For pur10 poses of part 5, the provisions of section 4317 of

11 title 38, United States Code (as in effect on the ef12 fective date of this paragraph) shall be treated as

13 provisions of this title to the extent such provisions

14 relate to group health plans covered under this title.

15 The remedies provided pursuant to this paragraph

16 shall be in addition to remedies otherwise available

17 under such title 38, but shall not include the rem18 edies provided under section 4980B of the Internal

19 Revenue Code of 1986. An action or proceeding

20 commenced under part 5 shall not preclude further

21 recourse to remedies otherwise available under such

22 title 38. The Secretary shall ensure that covered em23 ployees and other qualified beneficiaries commencing

24 actions or proceedings under part 5 are informed of

25 remedies also available under such title 38.’’.
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1 (d) ENFORCEMENT OF RULES RELATING TO PEN2 SION PLAN COVERAGE.—Section 204 of such Act (29

3 U.S.C. 1054) is amended—

4 (1) by redesignating subsection (i) as subsection

5 (j); and

6 (2) by inserting after subsection (h) the follow7 ing new subsection:

8 ‘‘(i) ENFORCEMENT OF PROVISIONS RELATING TO

9 ABSENCE FROM EMPLOYMENT BY REASON OF SERVICE

10 IN THE UNIFORMED SERVICES.—For purposes of part 5,

11 the provisions of section 4318 of title 38, United States

12 Code (as in effect on the effective date of this subsection)

13 shall be treated as provisions of this title to the extent

14 such provisions relate to pension plans covered under this

15 title. The remedies provided pursuant to this subsection

16 shall be in addition to remedies otherwise available under

17 such title 38, but shall not include the remedies provided

18 under section 4980B of the Internal Revenue Code of

19 1986. An action or proceeding commenced under part 5

20 shall not preclude further recourse to remedies otherwise

21 available under such title 38. The Secretary shall ensure

22 that participants and beneficiaries commencing actions or

23 proceedings under part 5 are informed of remedies also

24 available under such title 38.’’.

25 (e) EFFECTIVE DATE AND TRANSITION RULES.—
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1 (1) EFFECTIVE DATE.—The amendments made

2 by this section shall take effect as if included in the

3 enactment of section 2 of the Uniformed Services

4 Employment and Reemployment Rights Act of 1994.

5 (2) TRANSITION RULES.—Section 8 of the Uni6 formed Services Employment and Reemployment

7 Rights Act of 1994 shall apply with respect to the

8 amendments made by this section in the same man9 ner and to the same extent as such section applies

10 with respect to sections 4317 and 4318 of title 38,

11 United States Code (as amended by such Act).

12 TITLE VIII—CEMETERIES AND

13 MEMORIAL AFFAIRS

14 SEC. 801. ELIGIBILITY FOR BURIAL IN NATIONAL CEME15 TERIES OF SPOUSES WHO PREDECEASE VET16 ERANS.

17 Section 2402(5) is amended by inserting ‘‘spouse,’’

18 after ‘‘The’’.

19 SEC. 802. RESTORATION OF BURIAL ELIGIBILITY FOR

20 UNREMARRIED SPOUSES.

21 Section 2402(5), as amended by section 801, is fur22 ther amended by inserting after ‘‘surviving spouse’’ the

23 following: ‘‘(which for purposes of this chapter includes

24 an unremarried surviving spouse who had a subsequent

25 remarriage which was terminated by death or divorce)’’.
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1 SEC. 803. EXTENSION OF AUTHORIZATION OF APPROPRIA2 TIONS FOR STATE CEMETERY GRANT PRO3 GRAM.

4 Paragraph (2) of section 2408(a) is amended by

5 striking out ‘‘nine’’ and inserting in lieu

6 thereof ‘‘fourteen’’.

7 SEC. 804. AUTHORITY TO USE FLAT GRAVE MARKERS AT

8 THE WILLAMETTE NATIONAL CEMETERY,

9 OREGON.

10 Notwithstanding section 2404(c)(2) of title 38, Unit11 ed States Code, the Secretary of Veterans Affairs may

12 provide for flat grave markers at the Willamette National

13 Cemetery, Oregon.

14 TITLE IX—HOUSING PROGRAMS

15 SEC. 901. ELIGIBILITY.

16 (a) RESERVISTS DISCHARGED BECAUSE OF A SERV17 ICE-CONNECTED DISABILITY.—Section 3701(b)(5)(A) is

18 amended—

19 (1) by inserting ‘‘(i)’’ before ‘‘who has’’; and

20 (2) by striking out the period at the end and

21 inserting in lieu thereof ‘‘, or (ii) who was dis22 charged or released from the Selected Reserve before

23 completing 6 years of service because of a service24 connected disability.’’.
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1 (b) SURVIVING SPOUSES OF RESERVISTS WHO DIED

2 WHILE IN ACTIVE MILITARY, NAVAL, OR AIR SERVICE.—

3 The second sentence of section 3701(b)(2) is amended—

4 (1) by inserting ‘‘or service in the Selected Re5 serve’’ after ‘‘duty’’ each place it appears; and

6 (2) by striking out ‘‘spouse shall’’ and inserting

7 in lieu thereof ‘‘deceased spouse shall’’.

8 SEC. 902. REVISION IN COMPUTATION OF AGGREGATE

9 GUARANTY.

10 Section 3702(b) is amended—

11 (1) in the matter preceding paragraph (1), by

12 striking out ‘‘loan, if—’’ and inserting in lieu thereof

13 ‘‘loan under the following circumstances:’’;

14 (2) in paragraph (1)—

15 (A) by striking out ‘‘the property’’ at the

16 beginning of subparagraph (A) and inserting in

17 lieu thereof ‘‘The property’’;

18 (B) by striking out the semicolon at the

19 end and inserting in lieu thereof a period;

20 (3) in paragraph (2)—

21 (A) by striking out ‘‘a veteran-transferee’’

22 at the beginning and inserting in lieu thereof

23 ‘‘A veteran-transferee’’;

24 (B) by striking out ‘‘; or’’ at the end and

25 inserting in lieu thereof a period;
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1 (4) in paragraph (3), by striking out ‘‘the loan’’

2 at the beginning of subparagraph (A) and inserting

3 in lieu thereof ‘‘The loan’’;

4 (5) by inserting after paragraph (3) the follow5 ing new paragraph:

6 ‘‘(4) In a case not covered by paragraph (1) or

7 (2)—

8 ‘‘(A) the loan has been repaid in full and,

9 if the Secretary has suffered a loss on the loan,

10 the loss has been paid in full; or

11 ‘‘(B) the Secretary has been released from

12 liability as to the loan and, if the Secretary has

13 suffered a loss on the loan, the loss has been

14 paid in full.’’;

15 (6) in the last sentence, by striking out ‘‘clause

16 (1) of the preceding sentence’’ and inserting in lieu

17 thereof ‘‘paragraph (1)’’; and

18 (7) by adding at the end the following new sen19 tence: ‘‘The authority of the Secretary under this

20 subsection to exclude an amount of guaranty or in21 surance housing loan entitlement previously used by

22 a veteran may be exercised only once for that vet23 eran under the authority of paragraph (4).’’.
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1 SEC. 903. PUBLIC AND COMMUNITY WATER AND SEWERAGE

2 SYSTEMS.

3 Section 3704 is amended—

4 (1) by striking out subsection (e); and

5 (2) by redesignating subsections (f) and (g) as

6 subsections (e) and (f), respectively.

7 SEC. 904. AUTHORITY TO GUARANTEE HOME REFINANCE

8 LOANS FOR ENERGY EFFICIENCY IMPROVE9 MENTS.

10 (a) LOANS.—Section 3710(a) is amended by insert11 ing after paragraph (10) the following new paragraph:

12 ‘‘(11) To refinance in accordance with sub13 section (e) an existing loan guaranteed, insured, or

14 made under this chapter, and to improve the dwell15 ing securing such loan through energy efficiency im16 provements, as provided in subsection (d).’’.

17 (b) AMOUNT OF GUARANTY.—Section 3710(e)(1) is

18 amended—

19 (1) in the matter preceding subparagraph (A),

20 by inserting ‘‘or for the purpose specified in sub21 section (a)(11)’’ after ‘‘subsection (a)(8)’’; and

22 (2) in subparagraph (C), by striking out ‘‘may

23 not exceed’’ and all that follows in such subpara24 graph and inserting in lieu thereof ‘‘may not ex25 ceed—
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1 ‘‘(i) an amount equal to the sum of the

2 balance of the loan being refinanced and such

3 closing costs (including any discount permitted

4 pursuant to section 3703(c)(3)(A) of this title)

5 as may be authorized by the Secretary (under

6 regulations which the Secretary shall prescribe)

7 to be included in the loan; or

8 ‘‘(ii) in the case of a loan for the purpose

9 specified in subsection (a)(11), an amount equal

10 to the sum of the amount referred to with re11 spect to the loan under clause (i) and the

12 amount specified under subsection (d)(2);’’.

13 (c) FEE.—Section 3729(a)(2)(E) is amended by in14 serting ‘‘3710(a)(11),’’ after ‘‘3710(a)(9)(B)(i),’’.

15 SEC. 905. AUTHORITY TO GUARANTEE LOANS TO REFI16 NANCE ADJUSTABLE RATE MORTGAGES TO

17 FIXED RATE MORTGAGES.

18 Section 3710(e)(1)(A) is amended by inserting before

19 the semicolon at the end the following: ‘‘or, in a case in

20 which the loan is a fixed rate loan and the loan being refi21 nanced is an adjustable rate loan, the loan bears interest

22 at a rate that is agreed upon by the veteran and the mort23 gagee’’.
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1 SEC. 906. MANUFACTURED HOME LOAN INSPECTIONS.

2 (a) CERTIFICATION OF CONFORMITY WITH STAND3 ARDS.—Paragraph (2) of subsection (h) of section 3712

4 is amended to read as follows:

5 ‘‘(2) Any manufactured housing unit properly dis6 playing a certification of conformity to all applicable Fed7 eral manufactured home construction and safety stand8 ards pursuant to section 616 of the National Manufac9 tured Housing Construction and Safety Standards Act of

10 1974 (42 U.S.C. 5415) shall be deemed to meet the stand11 ards required by paragraph (1).’’.

12 (b) REPEAL OF INSPECTION REQUIREMENTS.—Sub13 section (j) of such section is amended by striking out ‘‘in

14 the case of’’ the first place it appears and all that follows

15 and inserting in lieu thereof ‘‘in the case of—

16 ‘‘(1) manufactured homes constructed by a

17 manufacturer who fails or is unable to discharge the

18 manufacturer’s obligations under the warranty;

19 ‘‘(2) manufactured homes which are determined

20 by the Secretary not to conform to the standards

21 provided for in subsection (h); or

22 ‘‘(3) a manufacturer of manufactured homes

23 who has engaged in procedures or practices deter24 mined by the Secretary to be unfair or prejudicial to

25 veterans or the Government.’’.
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1 (c) ELIMINATION OF REPORTING REQUIREMENT.—

2 Subsection (l) of such section is amended—

3 (1) by striking out ‘‘the results of inspections

4 required by subsection (h) of this section,’’; and

5 (2) by striking out ‘‘of this section,’’.

6 SEC. 907. PROCEDURES ON DEFAULT.

7 (a) IN GENERAL.—Paragraph (7) of section 3732(c)

8 is amended—

9 (1) in the matter preceding subparagraph (A),

10 by striking out ‘‘that was the minimum amount for

11 which, under applicable State law, the property was

12 permitted to be sold at the liquidation sale’’;

13 (2) in subparagraph (A)—

14 (A) by striking out ‘‘the Secretary may ac15 cept conveyance of the property to the United

16 States for a price not exceeding’’ and inserting

17 in lieu thereof ‘‘(i) the amount was the mini18 mum amount for which, under applicable State

19 law, the property was permitted to be sold at

20 the liquidation sale, the holder shall have the

21 option to convey the property to the United

22 States in return for payment by the Secretary

23 of an amount equal to’’; and

24 (B) by striking out ‘‘and’’ after ‘‘loan;’’

25 and inserting in lieu thereof ‘‘or’’;
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1 (C) by adding at the end the following:

2 ‘‘(ii) there was no minimum amount for which

3 the property had to be sold at the liquidation sale

4 under applicable State law, the holder shall have the

5 option to convey the property to the United States

6 in return for payment by the Secretary of an

7 amount equal to the lesser of such net value or total

8 indebtedness; and’’; and

9 (3) in subparagraph (B), by striking out ‘‘para10 graph (6)(B)’’ and inserting in lieu thereof ‘‘para11 graph (6)’’.

12 (b) CONFORMING AMENDMENT.—Paragraph (6) of

13 such section is amended—

14 (1) by striking out ‘‘either’’;

15 (2) by striking out ‘‘sale or acquires’’ and all

16 that follows through ‘‘(B) the’’ and inserting in lieu

17 thereof ‘‘sale, the’’; and

18 (3) by redesignating clauses (i) and (ii) as

19 clauses (A) and (B), respectively.

20 SEC. 908. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT.

21 Subparagraph (F) of section 5303A(b)(3) is amended

22 by inserting ‘‘or chapter 37’’ after ‘‘chapter 30’’ in the

23 matter preceding clause (i).
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1 TITLE X—HOMELESS VETERANS

2 PROGRAMS

3 SEC. 1001. REPORTS ON ACTIVITIES OF THE DEPARTMENT

4 OF VETERANS AFFAIRS TO ASSIST HOMELESS

5 VETERANS.

6 (a) ANNUAL REPORT.—(1) Not later than April 15

7 of each year, the Secretary of Veterans Affairs shall sub8 mit to the Committees on Veterans’ Affairs of the Senate

9 and House of Representatives a report on the activities

10 of the Department of Veterans Affairs during the year

11 preceding the report under programs of the Department

12 for the provision of assistance to homeless veterans.

13 (2) The report shall—

14 (A) set forth the number of homeless veterans

15 provided assistance under those programs;

16 (B) describe the cost to the Department of pro17 viding such assistance under those programs; and

18 (C) provide any other information on those pro19 grams and on the provision of such assistance that

20 the Secretary considers appropriate.

21 (b) BI-ANNUAL REQUIREMENT.—The Secretary shall

22 include in the report submitted under subsection (a)(1)

23 in 1995, and every two years thereafter, an evaluation of

24 the effectiveness of the programs of the Department in

25 providing assistance to homeless veterans.
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1 (c) CONFORMING REPEAL.—Section 10 of Public

2 Law 102–590 (106 Stat. 5141; 37 U.S.C. 7721 note) is

3 repealed.

4 SEC. 1002. REPORT ON ASSESSMENT AND PLANS FOR RE5 SPONSE TO NEEDS OF HOMELESS VETERANS.

6 (a) UPDATE OF ASSESSMENT.—Subsection (b) of

7 section 107 of the Veterans’ Medical Programs Amend8 ments of 1992 (Public Law 102–405; 106 Stat. 1977; 38

9 U.S.C. 527 note) is amended by adding at the end the

10 following new paragraph:

11 ‘‘(6) The Secretary shall require that the directors

12 referred to in paragraph (1) update the assessment re13 quired under that paragraph during each of 1995, 1996,

14 and 1997.’’.

15 (b) REPORTS ON ASSESSMENTS AND PLAN.—Sub16 section (i) of such section (106 Stat. 1978) is amended—

17 (1) by striking out ‘‘REPORT.—’’ and inserting

18 in lieu thereof ‘‘REPORTS.—(1)’’; and

19 (2) by adding at the end the following:

20 ‘‘(2) Not later than December 31, 1994, the Sec21 retary shall submit to such committees a report that—

22 ‘‘(A) describes the results of the assessment

23 carried out under subsection (b);

24 ‘‘(B) sets forth the lists developed under para25 graph (1) of subsection (c); and
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1 ‘‘(C) describes the progress, if any, made by the

2 directors of the medical centers and the directors of

3 the benefits offices referred to in such subsection (c)

4 in developing the plan referred to in paragraph (2)

5 of such subsection (c).

6 ‘‘(3) Not later than December 31 of each of 1995,

7 1996, and 1997, the Secretary shall submit to such com8 mittees a report that describes the update to the assess9 ment that is carried out under subsection (b)(6) in the

10 year preceding the report.’’.

11 SEC. 1003. INCREASE IN NUMBER OF DEMONSTRATION

12 PROGRAMS UNDER HOMELESS VETERANS

13 COMPREHENSIVE SERVICE PROGRAMS ACT

14 OF 1992.

15 Section 2(b) of the Homeless Veterans Comprehen16 sive Service Programs Act of 1992 (38 U.S.C. 7721 note)

17 is amended in the first sentence by striking out ‘‘four’’

18 and inserting in lieu thereof ‘‘eight’’.

19 SEC. 1004. REMOVAL OF FUNDING REQUIREMENT OF

20 HOMELESS VETERANS COMPREHENSIVE

21 SERVICE PROGRAMS ACT OF 1992.

22 Section 12 of the Homeless Veterans Comprehensive

23 Service Programs Act of 1992 (38 U.S.C. 7721 note) is

24 amended by striking out the second sentence.
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1 SEC. 1005. SENSE OF CONGRESS.

2 It is the sense of Congress that—

3 (1) of the funds appropriated for any fiscal year

4 to support Federal programs which are designed to

5 assist homeless individuals, a share more closely ap6 proximating the proportion of the population of

7 homeless individuals who are veterans should be ap8 propriated to the Secretary of Veterans Affairs for

9 programs to assist homeless veterans that are ad10 ministered by that Secretary;

11 (2) of the Federal grants made available to as12 sist community organizations that assist homeless

13 individuals, a share of such grants more closely ap14 proximating the proportion of the population of

15 homeless individuals who are veterans should be pro16 vided to community organizations that provide as17 sistance primarily to homeless veterans; and

18 (3) the Secretary of Veterans Affairs should

19 take such actions as are necessary to ensure that

20 Federal agencies that provide assistance, either di21 rectly or indirectly, to homeless individuals, includ22 ing homeless veterans, are aware of and encouraged

23 to make appropriate referrals to facilities of the De24 partment of Veterans Affairs for benefits and serv25 ices, such as health care, substance abuse treatment,

26 counseling, and income assistance.
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1 TITLE XI—REDUCTIONS IN DE2 PARTMENT OF VETERANS AF3 FAIRS PERSONNEL

4 SEC. 1101. FINDINGS.

5 Congress makes the following findings:

6 (1) Under proposals for national health care re7 form, the Department of Veterans Affairs will be re8 quired to provide health care services to veterans on

9 a competitive basis with other health care providers.

10 (2) The elimination of positions from the De11 partment that the Office of Management and Budg12 et has scheduled to occur in fiscal years 1995

13 through 1999 would prevent the Department from

14 meeting the responsibilities of the Department to

15 provide health care to veterans under law and from

16 maintaining the quality of health care that is cur17 rently provided to veterans.

18 SEC. 1102. REQUIREMENT FOR MINIMUM NUMBER OF

19 FULL-TIME EQUIVALENT POSITIONS.

20 (a) IN GENERAL.—Chapter 7 is amended by adding

21 at the end the following new section:

22 ‘‘§ 712. Full-time equivalent positions: limitation on

23 reduction

24 ‘‘(a) Notwithstanding any other provision of law, the

25 number of full-time equivalent positions in the Depart-
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1 ment of Veterans Affairs during the period beginning on

2 the date of the enactment of this section and ending on

3 September 30, 1999, may not (except as provided in sub4 section (c)) be less than 224,377.

5 ‘‘(b) In determining the number of full-time equiva6 lent positions in the Department of Veterans Affairs dur7 ing a fiscal year for purposes of ensuring under section

8 5(b) of the Federal Workforce Restructuring Act of 1994

9 (Public Law 103–226; 108 Stat. 115; 5 U.S.C. 3101 note)

10 that the total number of full-time equivalent positions in

11 all agencies of the Federal Government during a fiscal

12 year covered by that section does not exceed the limit pre13 scribed for that fiscal year under that section, the total

14 number of full-time equivalent positions in the Depart15 ment of Veterans Affairs during that fiscal year shall be

16 the number equal to—

17 ‘‘(1) the number of such positions in the De18 partment during that fiscal year, reduced by

19 ‘‘(2) the sum of—

20 ‘‘(A) the number of such positions in the

21 Department during that fiscal year that are

22 filled by employees whose salaries and benefits

23 are paid primarily from funds other than appro24 priated funds; and
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1 ‘‘(B) the number of such positions held

2 during that fiscal year by persons involved in

3 medical care cost recovery activities under sec4 tion 1729 of this title.

5 ‘‘(c) The Secretary shall not be required to make a

6 reduction in the number of full-time equivalent positions

7 in the Department unless such reduction—

8 ‘‘(1) is necessary due to a reduction in funds

9 available to the Department; or

10 ‘‘(2) is required under a law that is enacted

11 after the date of the enactment of this section and

12 that refers specifically to this section.

13 ‘‘(d) The Secretary shall submit to the Committees

14 on Veterans’ Affairs of the Senate and House of Rep15 resentatives an annual report, through the year 2000, on

16 the number and type of full-time equivalent positions in

17 the Department that are reduced under this section. The

18 report shall include a justification for the reductions and

19 shall be submitted with the materials provided in support

20 of the budget for the Department contained in the Presi21 dent’s budget submitted to Congress for a fiscal year pur22 suant to section 1105 of title 31.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 at the beginning of such chapter is amended by adding

25 at the end the following new item:

‘‘712. Full-time equivalent positions: limitation on reduction.’’.
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1 SEC. 1103. ENHANCED AUTHORITY TO CONTRACT FOR NEC2 ESSARY SERVICES.

3 Section 8110(c) is amended by striking out para4 graph (7) and inserting in lieu thereof the following:

5 ‘‘(7) Paragraphs (1) through (6) shall not be in effect

6 during fiscal years 1995 through 1999.

7 ‘‘(8) During the period covered by paragraph (7),

8 whenever an activity at a Department health-care facility

9 is converted from performance by Federal employees to

10 performance by employees of a contractor of the Govern11 ment, the Secretary shall—

12 ‘‘(A) require in the contract for the perform13 ance of such activity that the contractor, in hiring

14 employees for the performance of the contract, give

15 priority to former employees of the Department who

16 have been displaced by the award of the contract;

17 and

18 ‘‘(B) provide to such former employees of the

19 Department all possible assistance in obtaining other

20 Federal employment or entrance into job training

21 and retraining programs.

22 ‘‘(9) The Secretary shall include in the Secretary’s

23 annual report to Congress under section 529 of this title,

24 for each fiscal year covered by paragraph (7), a report

25 on the use during the year covered by the report of con26 tracting-out authority made available by reason of para-
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1 graph (7). The Secretary shall include in each such report

2 a description of each use of such authority, together with

3 the rationale for the use of such authority and the effect

4 of the use of such authority on patient care and on em5 ployees of the Department.’’.

6 SEC. 1104. STUDY.

7 (a) REQUIREMENT.—The Secretary of Veterans Af8 fairs shall enter into an agreement with an appropriate

9 non-Federal entity under which the entity shall carry out

10 a study of the feasibility and advisability of alternative or11 ganizational structures, such as the establishment of a

12 wholly-owned Government corporation or a Government13 sponsored enterprise, for the effective provision of health

14 care services to veterans.

15 (b) SUBMISSION OF REPORT.—The Secretary shall

16 submit to the Committees on Veterans’ Affairs of the Sen17 ate and House of Representatives a report on the study

18 required under subsection (a). The report shall be submit19 ted not later than one year after the date of the enactment

20 of this Act.

21 (c) AUTHORIZATION OF FUNDS.—There is hereby au22 thorized to be appropriated for the Department of Veter23 ans Affairs the sum of $1,000,000 for the purposes of car24 rying out the study required under subsection (a).
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1 TITLE XII—TECHNICAL AND

2 CLERICAL AMENDMENTS

3 SEC. 1201. AMENDMENTS TO TITLE 38, UNITED STATES

4 CODE.

5 (a) REFERENCES TO ‘‘SECRETARY’’ AND ‘‘DEPART6 MENT’’.—Title 38, United States Code, is amended as

7 follows:

8 (1) Paragraph (1) of section 101 is amended to

9 read as follows:

10 ‘‘(1) The terms ‘Secretary’ and ‘Department’ mean

11 the Secretary of Veterans Affairs and the Department of

12 Veterans Affairs, respectively.’’.

13 (2) Section 1532(c) is amended by striking out

14 ‘‘Secretary’’ and inserting in lieu thereof ‘‘Veterans’

15 Administration’’.

16 (3) Section 3745(a) is amended by striking out

17 ‘‘Secretary’’ after ‘‘consult with the’’ and inserting

18 in lieu thereof ‘‘Administrator’’.

19 (4) Section 4102A(e) is amended by striking

20 out ‘‘Regional Secretary’’ both places it appears and

21 inserting in lieu thereof ‘‘Regional Administrator’’.

22 (5) Section 4110(d)(9) is amended by striking

23 out ‘‘Secretary of the Small Business Administra24 tion’’ and inserting in lieu thereof ‘‘Administrator of

25 the Small Business Administration’’.
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1 (b) REFERENCES TO DEPARTMENT OF MEDICINE

2 AND SURGERY.—

3 (1) The following sections of title 38, United

4 States Code, are amended by striking out ‘‘Depart5 ment of Medicine and Surgery’’ each place it ap6 pears and inserting in lieu thereof ‘‘Veterans Health

7 Administration’’: sections 3120(a), 3120(f),

8 3121(a)(3), 7603(a), 7603(c)(1)(B), 7604(1)(B),

9 7604(2)(D), 7612(c)(1)(B), 7615, 7616(b)(2),

10 7616(c), 7622(b)(1), 7622(c)(2)(A), 7623(b),

11 7635(a)(1), 7635(a)(2), and 8110(a).

12 (2) Section 7622(c)(2)(B) of such title is

13 amended by striking out ‘‘such Department’’ and in14 serting in lieu thereof ‘‘the Veterans Health Admin15 istration’’.

16 (c) CONFORMING AMENDMENTS RELATING TO CON17 VERSION OF POSITIONS OF CHIEF MEDICAL DIRECTOR

18 AND CHIEF BENEFITS DIRECTOR TO UNDER SECRETARY

19 POSITIONS.—Title 38, United States Code, is amended as

20 follows:

21 (1) Section 305 is amended—

22 (A) in subsection (a)(1), by striking out ‘‘a

23 Under Secretary’’ and inserting in lieu thereof

24 ‘‘an Under Secretary’’; and
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1 (B) in subsection (d)(2)(F), by striking out

2 ‘‘Under Secretary’’ the second place it appears

3 and all that follows through the closing paren4 thesis and inserting in lieu thereof ‘‘Chief Medi5 cal Director of the Veterans’ Administration)’’.

6 (2) Section 306 is amended—

7 (A) in subsection (a), by striking out ‘‘a

8 Under Secretary’’ and inserting in lieu thereof

9 ‘‘an Under Secretary’’; and

10 (B) in subsection (d)(2)(F), by striking out

11 ‘‘Under Secretary’’ the second place it appears

12 and all that follows through the closing paren13 thesis and inserting in lieu thereof ‘‘Chief Bene14 fits Director of the Veterans’ Administration)’’.

15 (3) Section 7306 is amended—

16 (A) in subsection (a)—

17 (i) in paragraph (3), by striking out

18 ‘‘Assistant Chief Medical Directors’’ and

19 inserting in lieu thereof ‘‘Assistant Under

20 Secretaries for Health’’;

21 (ii) by redesignating the last three

22 paragraphs as paragraphs (8), (7), and (9)

23 respectively;
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1 (iii) by reversing the order in which

2 the penultimate and antepenultimate para3 graphs appear; and

4 (iv) in paragraph (8), as so redesig5 nated, by striking out ‘‘Chief Medical Di6 rector’’ and inserting in lieu thereof

7 ‘‘Under Secretary for Health’’;

8 (B) in subsection (b), by striking out ‘‘As9 sistant Chief Medical Directors’’ in the matter

10 preceding paragraph (1) and inserting in lieu

11 thereof ‘‘Assistant Under Secretaries for

12 Health’’; and

13 (C) in subsection (c), by striking out ‘‘and

14 (7)’’ and inserting in lieu thereof ‘‘and (8)’’.

15 (4) Section 7314(d) is amended—

16 (A) in paragraph (1)—

17 (i) by striking out ‘‘the Chief Medical

18 Director and the Secretary to carry out’’

19 and inserting in lieu thereof ‘‘the Secretary

20 and the Under Secretary for Health in car21 rying out’’; and

22 (ii) by striking out ‘‘the Assistant

23 Chief Medical Director described in section

24 7306(b)(3)’’ and inserting in lieu thereof
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1 ‘‘the Assistant Under Secretary for Health

2 described in section 7306(b)(3)’’; and

3 (B) in paragraph (3), by striking out ‘‘As4 sistant Chief Medical Director’’ both places it

5 appears and inserting in lieu thereof ‘‘Assistant

6 Under Secretary’’.

7 (5) Section 7318 is amended by striking out

8 ‘‘Chief Medical Director’’ each place it appears and

9 inserting in lieu thereof ‘‘Under Secretary for

10 Health’’.

11 (6) Section 7440(1) is amended by striking out

12 ‘‘Chief Medical Director’s’’ and inserting in lieu

13 thereof ‘‘Under Secretary for Health’s’’.

14 (7) Section 7451(g)(1) is amended by striking

15 out ‘‘Chief Medical Director’s’’ and inserting in lieu

16 thereof ‘‘Under Secretary for Health’s’’.

17 (d) CROSS REFERENCE AMENDMENTS TO PROVI18 SIONS OF TITLE 38.—Title 38, United States Code, is

19 amended as follows:

20 (1) Section 115 is amended by striking out

21 ‘‘sections 230’’ and inserting in lieu thereof ‘‘sec22 tions 314, 315, 316,’’.

23 (2) Section 1710(f)(3)(E) is amended by strik24 ing out ‘‘section 1712(f)’’ and ‘‘section 1712(f)(4)’’
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1 inserting in lieu thereof ‘‘section 1712(a)’’ and ‘‘sec2 tion 1712(f)’’, respectively.

3 (3) Section 1712 is amended—

4 (A) in subsection (i)(5), by striking out

5 ‘‘section 1722(a)(1)(C)’’ and inserting in lieu

6 thereof ‘‘section 1722(a)(3)’’; and

7 (B) in subsection (j), by striking out ‘‘Sec8 tion 4116’’ and inserting in lieu thereof ‘‘Sec9 tion 7316’’.

10 (4) Section 3018A(d)(3) is amended by striking

11 out ‘‘section 3015(e)’’ and inserting in lieu thereof

12 ‘‘section 3015(f)’’.

13 (5) Section 3018B(d)(3) is amended by striking

14 out ‘‘section 3015(e)’’ and inserting in lieu thereof

15 ‘‘section 3015(f)’’.

16 (6) Section 3032(f)(3) is amended by striking

17 out ‘‘(c), or (d)(1)’’ and inserting in lieu thereof

18 ‘‘(d), or (e)(1)’’.

19 (7) Section 3035(b) is amended—

20 (A) in paragraph (2), by striking out ‘‘sec21 tion 3015(c)’’ and inserting in lieu thereof ‘‘sec22 tion 3015(d)’’; and

23 (B) in paragraph (3)(C), by striking out

24 ‘‘section 3015(e)’’ and inserting in lieu thereof

25 ‘‘section 3015(f)’’.
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1 (8) Section 3103(b)(3) is amended by striking

2 out ‘‘section 3102(1)(A)’’ and inserting in lieu there3 of ‘‘section 3102(1)(A)(i)’’.

4 (9) Section 3106(a) is amended by striking out

5 ‘‘section 3102(1)(A) or (B)’’ and inserting in lieu

6 thereof ‘‘clause (i) or (ii) of section 3102(1)(A)’’.

7 (10) Section 3113(a) is amended by striking

8 out ‘‘section 3102(1)(B) and (2)’’ and inserting in

9 lieu thereof ‘‘subparagraphs (A)(ii) and (B) of sec10 tion 3102(1)’’.

11 (11) Section 3120(b) is amended by striking

12 out ‘‘section 3012(1)(A)’’ and inserting in lieu there13 of ‘‘section 3102(1)(A)(i)’’.

14 (12) Section 3241(c) is amended by striking

15 out ‘‘1663,’’.

16 (13) Section 3735(a)(1)(A) is amended by

17 striking out ‘‘section 3402’’ and inserting in lieu

18 thereof ‘‘section 5902’’.

19 (14) Section 4103(c)(2) is amended by striking

20 out ‘‘subchapter IV of chapter 3’’ and inserting in

21 lieu thereof ‘‘subchapter II of chapter 77’’.

22 (15) Section 5104(a) is amended by striking

23 out ‘‘section 211(a)’’ and inserting in lieu thereof

24 ‘‘section 511’’.
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1 (16) Section 8103(d)(6)(A) is amended by

2 striking out ‘‘section 230(c)’’ and inserting in lieu

3 thereof ‘‘section 316’’.

4 (17) Section 8110(c)(3)(B) is amended by

5 striking out ‘‘section 213 or 4117’’ and inserting in

6 lieu thereof ‘‘section 513 or 7409’’.

7 (18) Section 8135(a)(3) is amended by striking

8 out ‘‘section 8134(2)’’ and inserting in lieu thereof

9 ‘‘section 8134(a)(2)’’.

10 (19) Section 8155(a) is amended by striking

11 out ‘‘section 4112’’ and inserting in lieu thereof

12 ‘‘section 7312’’.

13 (20) Section 8201(c) is amended by striking

14 out ‘‘section 4112(a)’’ and inserting in lieu thereof

15 ‘‘section 7312(a)’’.

16 (e) PUNCTUATION, CAPITALIZATION, SPELLING,

17 ETC.—Title 38, United States Code, is amended as

18 follows:

19 (1) Section 111(b)(3)(B) is amended by strik20 ing out ‘‘the Department facility’’ and inserting in

21 lieu thereof ‘‘a Department facility’’.

22 (2) Sections 305(d)(2)(F) and 306(d)(2)(F) are

23 amended by striking out ‘‘Commission’’ and insert24 ing in lieu thereof ‘‘commission’’.
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1 (3) Section 312(a) is amended by striking out

2 ‘‘(5 U.S.C. App. 3)’’ and inserting in lieu thereof

3 ‘‘(5 U.S.C. App.)’’.

4 (4) Section 317(b)(2) is amended by striking

5 out ‘‘provided, by the’’ and inserting in lieu thereof

6 ‘‘provided by, the’’.

7 (5) Section 711(d) is amended by striking out

8 ‘‘Committees’’ and inserting in lieu thereof ‘‘commit9 tees’’.

10 (6) Section 1116(a)(1)(B) is amended by strik11 ing out ‘‘(1)’’ and ‘‘(2)’’ and inserting in lieu thereof

12 ‘‘(i)’’ and ‘‘(ii)’’, respectively.

13 (7) Section 1722A(a)(1) is amended by striking

14 out the closing parenthesis after ‘‘veteran’’ in the

15 first sentence.

16 (8) Section 1969(e) is amended—

17 (A) by striking out ‘‘sections 1971 (a) and

18 (c)’’ and inserting in lieu thereof ‘‘subsections

19 (a) and (c) of section 1971’’; and

20 (B) by striking out ‘‘sections 1971 (d) and

21 (e)’’ and inserting in lieu thereof ‘‘subsections

22 (d) and (e) of section 1971’’.

23 (9) Section 1977(f) is amended by striking out

24 ‘‘sections 1971 (d) and (e)’’ and inserting in lieu

25 thereof ‘‘subsections (d) and (e) of section 1971’’.
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1 (10) Section 3011(f)(1) is amended by striking

2 out ‘‘whose length’’ and inserting in lieu thereof

3 ‘‘the length of which’’.

4 (11) Section 3018B(d) is amended—

5 (A) in paragraph (1), by striking out

6 ‘‘(a)(2)(D) of this subsection’’ and inserting in

7 lieu thereof ‘‘(a)(2)(D) of this section’’; and

8 (B) in paragraph (3)—

9 (i) by striking out ‘‘such Account’’

10 and inserting in lieu thereof ‘‘such ac11 count’’; and

12 (ii) by striking out ‘‘this chapter’’ and

13 inserting in lieu thereof ‘‘this title’’.

14 (12) Section 3688(a)(6) is amended by insert15 ing a comma after ‘‘3241(a)(2)’’.

16 (13) Section 3706 is amended by striking out

17 ‘‘of this chapter’’ the second and third places it ap18 pears and inserting in lieu thereof ‘‘of this title’’.

19 (14) Section 3712 is amended—

20 (A) in subsection (c)(3)—

21 (i) by inserting ‘‘of’’ in subparagraph

22 (D) after ‘‘subparagraph (B)’’; and

23 (ii) by striking out ‘‘of this sub24 section’’ in subparagraph (E) and inserting

25 in lieu thereof ‘‘of this paragraph’’; and
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1 (B) in subsection (m), by striking out

2 ‘‘section 3704(d) and section 3721 of this chap3 ter’’ and inserting in lieu thereof ‘‘sections

4 3704(d) and 3721 of this title’’.

5 (15) Section 3713(b) is amended in the last

6 sentence by striking out ‘‘subsection 5302(b) of this

7 title, if eligible thereunder’’ and inserting in lieu

8 thereof ‘‘section 5302(b) of this title, if the veteran

9 is eligible for relief under that section’’.

10 (16) Section 5702 is amended—

11 (A) by inserting ‘‘(a)’’ before ‘‘Any person

12 desiring’’;

13 (B) by striking out ‘‘custody of’’ and all

14 that follows through ‘‘stating’’ and inserting in

15 lieu thereof ‘‘custody of the Secretary that may

16 be disclosed under section 5701 of this title

17 must submit to the Secretary an application in

18 writing for such copy. The application shall

19 state’’; and

20 (C) in subsection (c), by striking out ‘‘is

21 authorized to fix’’ and inserting in lieu thereof

22 ‘‘may establish’’.

23 (17) Section 6101(a) is amended by inserting a

24 comma after ‘‘title 18’’.
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1 (18) Section 6103(d)(1) is amended in the sec2 ond sentence—

3 (A) by striking out ‘‘(a)’’ and ‘‘(b)’’ and

4 inserting in lieu thereof ‘‘(A)’’ and ‘‘(B)’’, re5 spectively; and

6 (B) by striking out ‘‘prior to’’ and insert7 ing in lieu thereof ‘‘before’’.

8 (19) Section 6105(c) is amended—

9 (A) in the first sentence, by striking out

10 ‘‘clauses (2), (3), or (4) of subsection (b) of this

11 section’’ and inserting in lieu thereof ‘‘para12 graph (2), (3), or (4) of subsection (b)’’;

13 (B) in the second sentence, by striking out

14 ‘‘clause (1) of that subsection’’ and inserting in

15 lieu thereof ‘‘paragraph (1) of subsection (b)’’;

16 and

17 (C) by transposing the two sentences of

18 that subsection (as so amended).

19 (20) Section 7312(d) is amended by striking

20 out ‘‘the advisory groups activities’’ and inserting in

21 lieu thereof ‘‘the activities of the advisory group’’.

22 (21) Section 7408(a) is amended by striking

23 out ‘‘civil-service’’ and inserting in lieu thereof ‘‘civil

24 service’’.
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1 (22) Sections 7433(b)(3)(A) and 7435(b)(3)(A)

2 are amended by striking out ‘‘nation-wide’’ and in3 serting in lieu thereof ‘‘nationwide’’.

4 (23) Section 7451(d)(3)(C)(i)(I) is amended by

5 striking out ‘‘labor market area’’ and inserting in

6 lieu thereof ‘‘labor-market area’’.

7 (24) Section 7453 is amended by striking out

8 ‘‘subsections’’ in subsections (f) and (g) and insert9 ing in lieu thereof ‘‘subsection’’.

10 (25) Section 7601(a) is amended by striking

11 out the comma at the end of paragraph (1) and in12 serting in lieu thereof a semicolon.

13 (26) Section 7604 is amended by striking out

14 ‘‘subchapters’’ in paragraphs (1)(A), (2)(D), and (5)

15 and inserting in lieu thereof ‘‘subchapter’’.

16 (27) Section 8126 is amended—

17 (A) in subsection (e)(1)(A), by striking out

18 ‘‘1–year’’ and inserting in lieu thereof ‘‘one19 year’’; and

20 (B) in subsection (f)(2), by striking out ‘‘,

21 and’’ and inserting in lieu thereof a period.

22 (f) DATE OF ENACTMENT REFERENCES.—Title 38,

23 United States Code, is amended as follows:

24 (1) Section 1922A(b) is amended by striking

25 out ‘‘insurance not later than’’ and all that follows
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1 through ‘‘that the Department’’ and inserting in lieu

2 thereof ‘‘insurance. Such application must be filed

3 not later than (1) October 31, 1993, or (2) the end

4 of the one-year period beginning on the date on

5 which the Secretary’’.

6 (2) Sections 3011(e) and 3012(f) are amended

7 by striking out ‘‘the end of the 24–month period be8 ginning on the date of the enactment of this sub9 section’’ and inserting in lieu thereof ‘‘October 28,

10 1994,’’.

11 (3) Section 3018B(a)(2)(A) is amended by

12 striking out ‘‘the date of enactment of this section’’

13 and inserting in lieu thereof ‘‘October 23, 1992,’’.

14 (4) Section 3702(a)(2)(E) is amended by strik15 ing out ‘‘For the 7–year period beginning on the

16 date of enactment of this subparagraph,’’ and insert17 ing in lieu thereof ‘‘For the period beginning on Oc18 tober 28, 1992, and ending on October 27, 1999,’’.

19 (5) Section 6103(d)(2) is amended by striking

20 out ‘‘the date of enactment of this amendatory Act’’

21 and inserting in lieu thereof ‘‘June 30, 1972’’.

22 (6) Section 8126 is amended—

23 (A) in subsection (e)(1)(A), by striking out

24 ‘‘30 days after the date of the enactment of this
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1 section’’ and inserting in lieu thereof ‘‘Decem2 ber 4, 1992’’; and

3 (B) in subsection (g), by striking out ‘‘the

4 date of the enactment of this section’’ in para5 graphs (1) and (2) and inserting in lieu thereof

6 ‘‘November 4, 1992’’.

7 (g) OBSOLETE OR EXECUTED PROVISIONS.—Title

8 38, United States Code, is amended as follows:

9 (1) Section 312(b) is amended by striking out

10 paragraph (3).

11 (2) Section 1524(a)(2) is amended by striking

12 out ‘‘Subject to paragraph (3) of this subsection, if’’

13 and inserting in lieu thereof ‘‘If’’.

14 (3) Section 4110(c)(1) is amended by striking

15 out ‘‘shall, within 90 days after the date of the en16 actment of this section, appoint’’ and inserting in

17 lieu thereof ‘‘shall appoint’’.

18 (4)(A) Section 5505 is repealed.

19 (B) The table of sections at the beginning of

20 chapter 55 is amended by striking out the item re21 lating to section 5505.

22 (5) Section 7311 is amended by striking out

23 subsections (f) and (g).

24 (6) Section 7453(i)(3) is amended by striking

25 out ‘‘of title 5’’.
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1 (7) Section 8110(c) is amended by striking out

2 paragraph (7).

3 (8) Section 8111(b) is amended—

4 (A) in paragraph (2)—

5 (i) by striking out ‘‘During fiscal

6 years 1982 and 1983’’ in the second sen7 tence and inserting in lieu thereof ‘‘During

8 odd-numbered fiscal years’’;

9 (ii) by striking out ‘‘During fiscal year

10 1984’’ in the third sentence and inserting

11 in lieu thereof ‘‘During even-numbered fis12 cal years’’; and

13 (iii) by striking out the fourth sen14 tence; and

15 (B) in paragraph (4), by striking out

16 ‘‘Within nine months of the date of the enact17 ment of this subsection and at such times

18 thereafter as’’ and inserting in lieu thereof ‘‘At

19 such times as’’.

20 (h) AMENDMENTS TO HEADINGS AND TABLES OF

21 CONTENTS.—Title 38, United States Code, is amended as

22 follows:

23 (1) The table of chapters before part I and the

24 table of chapters at the beginning of part III are
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1 amended by striking out the item relating to chapter

2 42 and inserting in lieu thereof the following:

‘‘42. Employment and Training of Veterans ............................................ 4211’’.

3 (2) The heading of section 2106 is amended by

4 revising each word after the first word so that the

5 initial letter of each such word is lower case.

6 (3) The item relating to subchapter III in the

7 table of sections at the beginning of chapter 73 is

8 amended to read as follows:

‘‘SUBCHAPTER III—PROTECTION OF PATIENT RIGHTS’’.

9 (4) The heading of section 7458 is amended to

10 read as follows:

11 ‘‘§ 7458. Recruitment and retention bonus pay’’.

12 (5) The heading of chapter 81 is amended by

13 inserting ‘‘ENHANCED-USE’’ before ‘‘LEASES OF

14 REAL’’.

15 (6) The item relating to section 8126 in the

16 table of sections at the beginning of chapter 81 is

17 amended to read as follows:

‘‘8126. Limitation on prices of drugs procured by Department and certain other

Federal agencies.’’.

18 (i) OTHER MISCELLANEOUS CORRECTIONS.—Title

19 38, United States Code, is amended as follows:

20 (1) Section 1718(c)(1) is amended by inserting

21 ‘‘of Veterans Affairs’’ after ‘‘Department’’ in the

22 first sentence.
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1 (2) Section 1922(b)(4) is amended by striking

2 out ‘‘Notwithstanding’’ and all that follows through

3 ‘‘title,’’ and inserting in lieu thereof ‘‘Notwithstand4 ing section 1917 of this title,’’.

5 (3) Section 1969(d)(3) is amended by striking

6 out ‘‘‘General Operating Expenses, Department’’’

7 and inserting in lieu thereof ‘‘‘General Operating

8 Expenses, Department of Veterans Affairs’’’.

9 (4) Section 3018A(a)(1) is amended by striking

10 ‘‘after December 31, 1990,’’ and all that follows

11 through ‘‘whichever is later,’’ and inserting in lieu

12 thereof ‘‘after February 2, 1991,’’.

13 (5) Section 3121(a)(3) is amended by striking

14 out ‘‘Department of Veterans’ Benefits’’ and insert15 ing in lieu thereof ‘‘Veterans Benefits Administra16 tion’’.

17 (6) Section 3680(a)(C) is amended by striking

18 out ‘‘1 full’’ and inserting in lieu thereof ‘‘one full’’.

19 (7) Section 4110(e)(3)(B) is amended—

20 (A) by striking out ‘‘, United States

21 Code,’’; and

22 (B) by striking out ‘‘the Board’’ and in23 serting in lieu thereof ‘‘the advisory commit24 tee’’.
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1 (8) Section 5110 is amended by striking out

2 subsection (m).

3 (9) Section 7315(b)(2) is amended by striking

4 out ‘‘Department’’ and inserting in lieu thereof

5 ‘‘Veterans’ Administration’’.

6 (10) Section 8111(f)(6) is amended by inserting

7 ‘‘of Defense’’ after ‘‘the Secretary’’ the second place

8 it appears.

9 (11) Section 8502(d) is amended by striking

10 out ‘‘General Post Fund, National Homes, Depart11 ment,’’ and inserting in lieu thereof ‘‘General Post

12 Fund, National Homes, Department of Veterans Af13 fairs,’’.

14 SEC. 1202. AMENDMENTS TO OTHER LAWS ADMINISTERED

15 BY SECRETARY OF VETERANS AFFAIRS.

16 (a) PUBLIC LAW 102–54.—Effective as of June 13,

17 1991, and as if included in the enactment of Public Law

18 102–54, Public Law 102–54 is amended as follows:

19 (1) Section 13(e) (105 Stat. 275) is amended

20 by striking out ‘‘subsection (b)(10)’’ and inserting in

21 lieu thereof ‘‘subsection (c)(10)’’.

22 (2) Section 15(a)(1)(A) (105 Stat. 289) is

23 amended by inserting ‘‘the first place it appears’’ be24 fore ‘‘in the first sentence’’.
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1 (b) PUBLIC LAW 102–83.—Effective as of August 6,

2 1991, and as if included in the enactment of Public Law

3 102–83, section 4(a) of Public Law 102–83 (105 Stat.

4 403) is amended as follows:

5 (1) Paragraph (2)(E) is amended by striking

6 out ‘‘Section 601(4)’’ and inserting in lieu thereof

7 ‘‘Section 601(3)’’.

8 (2) Paragraph (4) is amended by adding at the

9 end the following:

10 ‘‘(E) Sections 7314(b)(1) and

11 7315(b)(2).’’.

12 (c) PUBLIC LAW 102–86.—Section 403(b)(4) of the

13 Veterans’ Benefits Programs Improvement Act of 1991

14 (Public Law 102–86; 105 Stat. 423; 36 U.S.C. 493(b)(4))

15 is amended by striking out ‘‘section 235’’ and inserting

16 in lieu thereof ‘‘section 707’’.

17 (d) PUBLIC LAW 102–547.—Section 10(b)(2) of the

18 Veterans Home Loan Program Amendments of 1992 (106

19 Stat. 3643; 38 U.S.C. 3703 note) is amended by striking

20 out ‘‘paragraph 4’’ and inserting in lieu thereof ‘‘para21 graph (4)’’.

22 (e) PUBLIC LAW 102–585.—The Veterans Health

23 Care Act of 1992 (Public Law 102–585) is amended as

24 follows:
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1 (1) Section 202 (38 U.S.C. 8111 note) is

2 amended by striking out ‘‘the Chief Medical Direc3 tor’’ and inserting in lieu thereof ‘‘the Under Sec4 retary for Health of the Department of Veterans

5 Affairs’’.

6 (2) Section 511(c) (38 U.S.C. 7318 note) is

7 amended by striking out ‘‘Chief Medical Director’’

8 each place it appears and inserting in lieu thereof

9 ‘‘Under Secretary for Health’’.

10 SEC. 1203. AMENDMENTS TO OTHER LAWS.

11 (a) PUBLIC HEALTH SERVICE ACT.—The Public

12 Health Service Act is amended as follows:

13 (1) Section 502(b)(2)(D) (42 U.S.C. 290aa–

14 1(b)(2)(D)) is amended to read as follows:

15 ‘‘(D) the Under Secretary for Health of

16 the Department of Veterans Affairs;’’.

17 (2) Section 542(b)(2) (42 U.S.C. 290dd–

18 1(b)(2)) is amended by striking out ‘‘Chief Medical

19 Director’’ and inserting in lieu thereof ‘‘Under Sec20 retary for Health’’.

21 (3) Section 2604(b)(2)(A) (42 U.S.C. 300ff–

22 14(b)(2)(A)) is amended by striking out ‘‘Veterans

23 Administration facilities’’ and inserting in lieu there24 of ‘‘Department of Veterans Affairs facilities’’.
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1 (b) MISCELLANEOUS DEPARTMENT AND SECRETARY

2 REFERENCES.—Section 5102(c)(3) of title 5, United

3 States Code, is amended by striking out the comma after

4 ‘‘Department of Veterans Affairs’’.

5 (c) MISCELLANEOUS CROSS-REFERENCE CORREC6 TIONS.—

7 (1) Section 1204(a)(1) of title 5, United States

8 Code, is amended by striking out ‘‘section 4323’’

9 and inserting in lieu thereof ‘‘section 4303’’.

10 (2) Section 441(b)(2)(B) of the Job Training

11 Partnership Act (29 U.S.C. 1721(b)(2)(B)) is

12 amended—

13 (A) by striking out ‘‘subchapter IV of

14 chapter 3’’ and inserting in lieu thereof ‘‘sub15 chapter II of chapter 77’’; and

16 (B) by striking out ‘‘sections 612A, 620A,

17 1787, and 2003A’’ and inserting in lieu thereof

18 ‘‘sections 1712A, 1720A, 3687, and 4103A’’.

19 (3) Section 107 of the Local Public Works Cap20 ital Development and Investment Act of 1976 (42

21 U.S.C. 6706) is amended by striking out ‘‘section

22 4211(2)(A)’’ and ‘‘section 2011(1)’’ inserting in lieu

23 thereof ‘‘section 4211(2)’’ and ‘‘section 4211(1)’’,

24 respectively.
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1 (4) Section 4(g)(2) of the Employment Act of

2 1946 (15 U.S.C. 1022a(g)(2)) is amended—

3 (A) by striking out ‘‘this subsection’’ and

4 inserting in lieu thereof ‘‘this section’’; and

5 (B) by striking out ‘‘section 2011(1) or

6 (2)(A)’’ and inserting in lieu thereof ‘‘section

7 4211(1) or (2)’’.

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