Calendar No. 663

103D CONGRESS

2D SESSION S. 2325

[Report No. 103–385]

A BILL

To amend certain laws under the jurisdiction of the

homeless veterans, and for other purposes.onstration program to provide assistance toassistance for veterans, to authorize a demgrams relating to substance abuse and homelessSecretary of Veterans Affairs to reauthorize proSEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported with an amendment and an amendment to the

title
II

Calendar No. 663

103D CONGRESS

2D SESSION S. 2325

[Report No. 103–385]

To amend certain laws under the jurisdiction of the Secretary of Veterans

Affairs to reauthorize programs relating to substance abuse and homeless

assistance for veterans, to authorize a demonstration program to provide

assistance to homeless veterans, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 26 (legislative day, JULY 20), 1994

Mr. ROCKEFELLER (for himself, Mr. AKAKA, Mr. DASCHLE, Mr. CAMPBELL,

and Mr. WELLSTONE) introduced the following bill; which was read twice

and referred to the Committee on Veterans’ Affairs

SEPTEMBER 27 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. ROCKEFELLER, with an amendment and an amendment to

the title

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend certain laws under the jurisdiction of the Secretary

of Veterans Affairs to reauthorize programs relating to

substance abuse and homeless assistance for veterans,

to authorize a demonstration program to provide assistance to homeless veterans, 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,
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1 SECTION 1. REAUTHORIZATION OF DEMONSTRATION PRO2 GRAM OF COMPENSATED WORK THERAPY

3 AND THERAPEUTIC TRANSITIONAL HOUSING.

4 Section 7(a) of Public Law 102–54 (38 U.S.C. 1718

5 note) is amended by striking out ‘‘fiscal years 1991

6 through 1994’’ and inserting in lieu thereof ‘‘fiscal years

7 1991 through 1996’’.

8 SEC. 2. PERMANENT AUTHORITY TO PROVIDE TREATMENT

9 AND REHABILITATION FOR ALCOHOL OR

10 DRUG DEPENDENCE OR ABUSE DISABILITIES.

11 Section 1720A of title 38, United States Code, is

12 amended by striking out subsection (e).

13 SEC. 3. REAUTHORIZATION OF HOMELESS VETERANS’

14 REINTEGRATION PROJECTS.

15 Section 738(e)(1) of the Stewart B. McKinney Home16 less Assistance Act (42 U.S.C. 11448(e)(1)) is amended

17 by striking out subparagraphs (A), (B), and (C) and in18 serting in lieu thereof the following new subparagraphs:

19 ‘‘(A) $14,000,000 for fiscal year 1995.

20 ‘‘(B) $16,000,000 for fiscal year 1996.

21 ‘‘(C) $18,000,000 for fiscal year 1997.’’.
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1 SEC. 4. AUTHORITY FOR COMMUNITY-BASED RESIDENTIAL

2 CARE FOR HOMELESS CHRONICALLY MEN3 TALLY ILL AND OTHER VETERANS.

4 (a) IN GENERAL.—Subchapter II of chapter 17 of

5 title 38, United States Code, is amended by adding at the

6 end the following:

7 ‘‘§ 1720E. Community-based residential care for

8 homeless chronically mentally ill and

9 other veterans

10 ‘‘(a)(1) The Secretary may provide care and treat11 ment and rehabilitative services (directly or by contract)

12 in halfway houses, therapeutic communities, psychiatric

13 residential treatment centers, and other community-based

14 treatment facilities to homeless veterans suffering from

15 chronic mental illness disabilities who are eligible for care

16 under section 1710(a)(1) of this title.

17 ‘‘(2) In providing care and treatment and rehabilita18 tive services under paragraph (1), the Secretary may also

19 provide such care and treatment and rehabilitative serv20 ices—

21 ‘‘(A) to veterans being furnished hospital or

22 nursing home care by the Secretary for a chronic

23 mental illness disability; and

24 ‘‘(B) to veterans with service-connected chronic

25 mental illness disabilities.
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1 ‘‘(b) Before furnishing care and treatment and reha2 bilitative services by contract under subsection (a) to a

3 veteran through a facility described in subsection (a), the

4 Secretary shall approve (in accordance with criteria which

5 the Secretary shall prescribe) the quality and effectiveness

6 of the program operated by such facility for the purpose

7 for which such veteran is to be furnished such care and

8 services.

9 ‘‘(c)(1) The Secretary may provide in-kind assistance

10 (through the services of Department employees and the

11 sharing of other Department resources) to a facility de12 scribed in subsection (a) under this section. The Secretary

13 shall provide such assistance to a facility under a contract

14 between the Secretary and the facility.

15 ‘‘(2) The Secretary may provide assistance under

16 paragraph (1)—

17 ‘‘(A) only for use solely in the furnishing of ap18 propriate care and services under this section; and

19 ‘‘(B) only if, under such contract, the Secretary

20 receives reimbursement for the full cost of such as21 sistance, including the cost of services and supplies

22 and normal depreciation and amortization of equip23 ment.
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1 ‘‘(3) Reimbursement under paragraph (2)(B) may be

2 made by reduction in the charges to the United States

3 or by payment to the United States.

4 ‘‘(4) Any funds received through reimbursement

5 under paragraph (3) shall be credited to funds allotted to

6 the Department facility that provided the assistance.

7 ‘‘(d) The Secretary may not provide care and treat8 ment and rehabilitative services under this section after

9 September 30, 1998.’’.

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

11 at the beginning of such chapter is amended by inserting

12 after the item relating to section 1720D the following new

13 item:

‘‘1720E. Community-based residential care for homeless mentally ill and other

veterans.’’.

14 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section

15 115 of the Veterans’ Benefits and Services Act of 1988

16 (38 U.S.C. 1712 note) is repealed.

17 SEC. 5. REPORTS ON ACTIVITIES OF THE DEPARTMENT OF

18 VETERANS AFFAIRS TO ASSIST HOMELESS

19 VETERANS.

20 (a) ANNUAL REPORT.—(1) Not later than February

21 1 of each year, the Secretary of Veterans Affairs shall sub22 mit to the Committees on Veterans’ Affairs of the Senate

23 and the House of Representatives a report on the activities

24 of the Department of Veterans Affairs during the year
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1 preceding the report under programs of the Department

2 for the provision of assistance to homeless veterans.

3 (2) The report shall—

4 (A) set forth the number of homeless veterans

5 provided assistance under such programs;

6 (B) describe the cost to the Department of pro7 viding such assistance under such programs; and

8 (C) provide any other information on such pro9 grams and on the provision of such assistance that

10 the Secretary considers appropriate.

11 (b) BI-ANNUAL REQUIREMENT.—The Secretary shall

12 include in the report submitted under subsection (a)(1)

13 in 1995, and every 2 years thereafter, an evaluation of

14 the effectiveness of the programs of the Department in

15 providing assistance to homeless veterans.

16 SEC. 6. REPORT ON ASSESSMENT AND PLANS FOR RE17 SPONSE TO NEEDS OF HOMELESS VETERANS.

18 (a) UPDATE ON ASSESSMENT.—Subsection (b) of

19 section 107 of the Veterans’ Medical Programs Amend20 ments of 1992 (Public Law 102–405; 106 Stat. 1977; 38

21 U.S.C. 527 note) is amended by adding at the end the

22 following:

23 ‘‘(6) The Secretary shall require that the directors

24 referred to in paragraph (1) update the assessment re-
7

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1 quired under that paragraph in each of 1995, 1996, and

2 1997.’’.

3 (b) REPORTS ON ASSESSMENTS AND PLAN.—Sub4 section (i) of such section 107 (106 Stat. 1978) is amend5 ed—

6 (1) by striking out ‘‘REPORT.—’’ and inserting

7 in lieu thereof ‘‘REPORTS.—(1)’’; and

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

9 ‘‘(2) Not later than December 31, 1994, the Sec10 retary shall submit to such committees a report that—

11 ‘‘(A) describes the results of the assessment

12 carried out under subsection (b);

13 ‘‘(B) sets forth the lists developed under para14 graph (1) of subsection (c); and

15 ‘‘(C) describes the progress, if any, made by the

16 directors of the medical centers and the directors of

17 the benefits offices referred to in such subsection (c)

18 in developing the plan referred to in paragraph (2)

19 of such subsection (c).

20 ‘‘(3) Not later than December 31 of each of 1995,

21 1996, and 1997, the Secretary shall submit to such com22 mittees a report that describes the update to the assess23 ment that is carried out under subsection (b)(6) in the

24 year preceding the report.’’.
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1 SEC. 7. DEMONSTRATION PROGRAM OF DEPARTMENT OF

2 VETERANS AFFAIRS AND COMMUNITY-BASED

3 ORGANIZATION PARTNERSHIPS TO ASSIST

4 HOMELESS VETERANS.

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

6 shall carry out a demonstration program under which the

7 Secretary shall enter into partnerships with community8 based homeless service organizations described in sub9 section (b) in order to provide services and assistance to

10 homeless veterans in conjunction with such organizations.

11 The Secretary shall carry out the program in accordance

12 with this section.

13 (b) COMMUNITY-BASED ORGANIZATIONS.—The orga14 nizations with which the Secretary enters into partner15 ships under subsection (a) shall be organizations that—

16 (1) encourage the assumption of personal re17 sponsibility by homeless veterans who receive serv18 ices and assistance from the organization;

19 (2) provide transitional housing to such veter20 ans;

21 (3) provide employment training or employment

22 placement assistance to such veterans;

23 (4) may collect from such veterans rent derived

24 from employment-related income of such veterans;

25 and
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1 (5) in the case of organizations that collect rent

2 from such veterans, utilize rent amounts collected to

3 cover the expenses of the organizations in providing

4 services and assistance to such veterans.

5 (c) PROVISION OF SERVICES AND ASSISTANCE.—(1)

6 The Secretary shall carry out the demonstration program

7 authorized under subsection (a) at not more than five loca8 tions designated for that purpose by the Secretary. The

9 Secretary shall designate such locations in various geo10 graphic areas.

11 (2) With respect to each location designated under

12 paragraph (1), the Secretary shall enter into an agreement

13 with a community-based service organization referred to

14 in subsection (b) in order to provide services and assist15 ance to homeless veterans.

16 (3) The Secretary shall ensure under an agreement

17 entered into under paragraph (1) that appropriate person18 nel of the Department of Veterans Affairs provide individ19 ual and group counseling, substance abuse counseling, em20 ployment counseling, basic medical care, and referrals to

21 other Department health care and benefits programs to

22 homeless veterans at the location covered by the agree23 ment.

24 (d) REVIEW OF PROGRAM.—The Secretary shall

25 enter into an agreement with an appropriate non-Federal
10

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1 entity under which agreement the entity shall carry out

2 a study of program carried out under this section. The

3 Secretary shall ensure that, in carrying out the study, the

4 entity shall—

5 (1) determine whether assistance and services

6 are provided to homeless veterans under the pro7 gram in a cost-effective manner;

8 (2) compare the assistance and services avail9 able under the program with the assistance and

10 services provided to homeless individuals under other

11 programs that are similar to the program; and

12 (3) make any recommendations that the entity

13 considers appropriate for the improvement and ex14 pansion of the program or any agreement entered

15 into under subsection (c).

16 (e) REPORT.—Not later than September 30, 1996,

17 the Secretary shall submit to the Committees on Veterans’

18 Affairs of the Senate and the House of Representatives

19 a report on the results of the study carried out under sub20 section (d).

21 SEC. 8. REVISIONS TO HOMELESS VETERANS COMPREHEN22 SIVE SERVICE PROGRAMS ACT OF 1992.

23 (a) INCREASE IN NUMBER OF DEMONSTRATION PRO24 GRAMS.—Section 2(b) of the Homeless Veterans Com25 prehensive Service Programs Act of 1992 (38 U.S.C. 7721
11

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1 note) is amended in the first sentence by striking out

2 ‘‘four’’ and inserting in lieu thereof ‘‘12’’.

3 (b) REMOVAL OF FUNDING LIMITATION.—Section 12

4 of such Act (38 U.S.C. 7721 note) is amended by striking

5 out the second sentence.

6 SECTION 1. SHORT TITLE.

7 This Act may be cited as the ‘‘Veterans Programs Im8 provement Act of 1994’’.

9 TITLE I—DEPARTMENT OF VET10 ERANS AFFAIRS HOMELESS11 NESS AND SUBSTANCE ABUSE

12 PROGRAMS

13 SEC. 101. REAUTHORIZATION OF DEMONSTRATION PRO14 GRAM OF COMPENSATED WORK THERAPY

15 AND THERAPEUTIC TRANSITIONAL HOUSING.

16 Section 7(a) of Public Law 102–54 (38 U.S.C. 1718

17 note) is amended by striking out ‘‘fiscal years 1991 through

18 1994’’ and inserting in lieu thereof ‘‘fiscal years 1991

19 through 1996’’.

20 SEC. 102. PERMANENT AUTHORITY TO PROVIDE TREAT21 MENT AND REHABILITATION FOR ALCOHOL

22 OR DRUG DEPENDENCE OR ABUSE DISABIL23 ITIES.

24 Section 1720A of title 38, United States Code, is

25 amended by striking out subsection (e).
12

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1 SEC. 103. REAUTHORIZATION OF HOMELESS VETERANS’

2 REINTEGRATION PROJECTS.

3 Section 738(e)(1) of the Stewart B. McKinney Home4 less Assistance Act (42 U.S.C. 11448(e)(1)) is amended by

5 striking out subparagraphs (A), (B), and (C) and inserting

6 in lieu thereof the following new subparagraphs:

7 ‘‘(A) $14,000,000 for fiscal year 1995.

8 ‘‘(B) $16,000,000 for fiscal year 1996.

9 ‘‘(C) $18,000,000 for fiscal year 1997.’’.

10 SEC. 104. AUTHORITY FOR COMMUNITY-BASED RESIDEN11 TIAL CARE FOR HOMELESS CHRONICALLY

12 MENTALLY ILL AND OTHER VETERANS.

13 (a) IN GENERAL.—Subchapter II of chapter 17 of title

14 38, United States Code, is amended by adding at the end

15 the following:

16 ‘‘§ 1720E. Community-based residential care for home17 less chronically mentally ill and other vet18 erans

19 ‘‘(a)(1) The Secretary may provide care and treatment

20 and rehabilitative services (directly or by contract) in half21 way houses, therapeutic communities, psychiatric residen22 tial treatment centers, and other community-based treat23 ment facilities to homeless veterans suffering from chronic

24 mental illness disabilities who are eligible for care under

25 section 1710(a)(1) of this title.
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1 ‘‘(2) In providing care and treatment and rehabilita2 tive services under paragraph (1), the Secretary may also

3 provide such care and treatment and rehabilitative serv4 ices—

5 ‘‘(A) to veterans being furnished hospital or

6 nursing home care by the Secretary for a chronic

7 mental illness disability; and

8 ‘‘(B) to veterans with service-connected chronic

9 mental illness disabilities.

10 ‘‘(b) Before furnishing care and treatment and reha11 bilitative services by contract under subsection (a) to a vet12 eran through a facility described in subsection (a), the Sec13 retary shall approve (in accordance with criteria which the

14 Secretary shall prescribe) the quality and effectiveness of

15 the program operated by such facility for the purpose for

16 which such veteran is to be furnished such care and services.

17 ‘‘(c)(1) The Secretary may provide in-kind assistance

18 (through the services of Department employees and the shar19 ing of other Department resources) to a facility described

20 in subsection (a) under this section. The Secretary shall

21 provide such assistance to a facility under a contract be22 tween the Secretary and the facility.

23 ‘‘(2) The Secretary may provide assistance under

24 paragraph (1)—
14

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1 ‘‘(A) only for use solely in the furnishing of ap2 propriate care and services under this section; and

3 ‘‘(B) only if, under such contract, the Secretary

4 receives reimbursement for the full cost of such assist5 ance, including the cost of services and supplies and

6 normal depreciation and amortization of equipment.

7 ‘‘(3) Reimbursement under paragraph (2)(B) may be

8 made by reduction in the charges to the United States or

9 by payment to the United States.

10 ‘‘(4) Any funds received through reimbursement under

11 paragraph (3) shall be credited to funds allotted to the De12 partment facility that provided the assistance.

13 ‘‘(d) The Secretary may not provide care and treat14 ment and rehabilitative services under this section after

15 September 30, 1998.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections at

17 the beginning of such chapter is amended by inserting after

18 the item relating to section 1720D the following new item:

‘‘1720E. Community-based residential care for homeless mentally ill and other veterans.’’.

19 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section

20 115 of the Veterans’ Benefits and Services Act of 1988 (38

21 U.S.C. 1712 note) is repealed.
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1 SEC. 105. REPORTS ON ACTIVITIES OF THE DEPARTMENT

2 OF VETERANS AFFAIRS TO ASSIST HOMELESS

3 VETERANS.

4 (a) ANNUAL REPORT.—(1) Not later than April 15 of

5 each year, the Secretary of Veterans Affairs shall submit

6 to the Committees on Veterans’ Affairs of the Senate and

7 the House of Representatives a report on the activities of

8 the Department of Veterans Affairs during the year preced9 ing the report under programs of the Department for the

10 provision of assistance to homeless veterans.

11 (2) The report shall—

12 (A) set forth the number of homeless veterans

13 provided assistance under such programs;

14 (B) describe the cost to the Department of pro15 viding such assistance under such programs; and

16 (C) provide any other information on such pro17 grams and on the provision of such assistance that

18 the Secretary considers appropriate.

19 (b) BI-ANNUAL REQUIREMENT.—The Secretary shall

20 include in the report submitted under subsection (a)(1) in

21 1995, and every 2 years thereafter, an evaluation of the ef22 fectiveness of the programs of the Department in providing

23 assistance to homeless veterans.
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1 SEC. 106. REPORT ON ASSESSMENT AND PLANS FOR RE2 SPONSE TO NEEDS OF HOMELESS VETERANS.

3 (a) UPDATE OF ASSESSMENT.—Subsection (b) of sec4 tion 107 of the Veterans’ Medical Programs Amendments

5 of 1992 (Public Law 102–405; 106 Stat. 1977; 38 U.S.C.

6 527 note) is amended by adding at the end the following:

7 ‘‘(6) The Secretary shall require that the directors re8 ferred to in paragraph (1) update the assessment required

9 under that paragraph in each of 1995, 1996, and 1997.’’.

10 (b) REPORTS ON ASSESSMENTS AND PLAN.—Sub11 section (i) of such section 107 (106 Stat. 1978) is amend12 ed—

13 (1) by striking out ‘‘REPORT.—’’ and inserting

14 in lieu thereof ‘‘REPORTS.—(1)’’; and

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

16 ‘‘(2) Not later than December 31, 1994, the Secretary

17 shall submit to such committees a report that—

18 ‘‘(A) describes the results of the assessment car19 ried out under subsection (b);

20 ‘‘(B) sets forth the lists developed under para21 graph (1) of subsection (c); and

22 ‘‘(C) describes the progress, if any, made by the

23 directors of the medical centers and the directors of

24 the benefits offices referred to in such subsection (c) in

25 developing the plan referred to in paragraph (2) of

26 such subsection (c).
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1 ‘‘(3) Not later than December 31 of each of 1995, 1996,

2 and 1997, the Secretary shall submit to such committees

3 a report that describes the update to the assessment that

4 is carried out under subsection (b)(6) in the year preceding

5 the report.’’.

6 SEC. 107. DEMONSTRATION PROGRAM OF DEPARTMENT OF

7 VETERANS AFFAIRS AND COMMUNITY-BASED

8 ORGANIZATION PARTNERSHIPS TO ASSIST

9 HOMELESS VETERANS.

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

11 shall carry out a demonstration program under which the

12 Secretary shall enter into partnerships with community13 based homeless service organizations described in subsection

14 (b) in order to provide services and assistance to homeless

15 veterans in conjunction with such organizations. The Sec16 retary shall carry out the program in accordance with this

17 section.

18 (b) COMMUNITY-BASED ORGANIZATIONS.—The organi19 zations with which the Secretary enters into partnerships

20 under subsection (a) shall be organizations that—

21 (1) encourage the assumption of personal respon22 sibility by homeless veterans who receive services and

23 assistance from the organization;

24 (2) provide transitional housing to such veterans;
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1 (3) provide employment training or employment

2 placement assistance to such veterans;

3 (4) may collect from such veterans rent derived

4 from employment-related income of such veterans;

5 and

6 (5) in the case of organizations that collect rent

7 from such veterans, utilize rent amounts collected to

8 cover the expenses of the organizations in providing

9 services and assistance to such veterans.

10 (c) PROVISION OF SERVICES AND ASSISTANCE.—(1)

11 The Secretary shall carry out the demonstration program

12 authorized under subsection (a) at not more than five loca13 tions designated for that purpose by the Secretary. The Sec14 retary shall designate such locations in various geographic

15 areas.

16 (2) With respect to each location designated under

17 paragraph (1), the Secretary shall enter into an agreement

18 with a community-based service organization referred to in

19 subsection (b) in order to provide services and assistance

20 to homeless veterans.

21 (3) The Secretary shall ensure under an agreement en22 tered into under paragraph (1) that appropriate personnel

23 of the Department of Veterans Affairs provide individual

24 and group counseling, substance abuse counseling, employ25 ment counseling, basic medical care, and referrals to other
19

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1 Department health care and benefits programs to homeless

2 veterans at the location covered by the agreement.

3 (d) REVIEW OF PROGRAM.—The Secretary shall enter

4 into an agreement with an appropriate non-Federal entity

5 under which agreement the entity shall carry out a study

6 of program carried out under this section. The Secretary

7 shall ensure that, in carrying out the study, the entity

8 shall—

9 (1) determine whether assistance and services are

10 provided to homeless veterans under the program in

11 a cost-effective manner;

12 (2) compare the assistance and services available

13 under the program with the assistance and services

14 provided to homeless individuals under other pro15 grams that are similar to the program; and

16 (3) make any recommendations that the entity

17 considers appropriate for the improvement and ex18 pansion of the program or any agreement entered

19 into under subsection (c).

20 (e) REPORT.—Not later than September 30, 1996, the

21 Secretary shall submit to the Committees on Veterans’ Af22 fairs of the Senate and the House of Representatives a re23 port on the results of the study carried out under subsection

24 (d).
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1 SEC. 108. REVISIONS TO HOMELESS VETERANS COM2 PREHENSIVE SERVICE PROGRAMS ACT OF

3 1992.

4 (a) INCREASE IN NUMBER OF DEMONSTRATION PRO5 GRAMS.—Section 2(b) of the Homeless Veterans Comprehen6 sive Service Programs Act of 1992 (38 U.S.C. 7721 note)

7 is amended in the first sentence by striking out ‘‘four’’ and

8 inserting in lieu thereof ‘‘12’’.

9 (b) REMOVAL OF FUNDING LIMITATION.—Section 12

10 of such Act (38 U.S.C. 7721 note) is amended by striking

11 out the second sentence.

12 TITLE II—MINORITY VETERANS

13 SEC. 201. ADVISORY COMMITTEE ON MINORITY VETERANS.

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

15 title 38, United States Code, is amended by adding at the

16 end the following:

17 ‘‘§ 544. Advisory Committee on Minority Veterans

18 ‘‘(a)(1) The Secretary shall establish an advisory com19 mittee to be known as the Advisory Committee on Minority

20 Veterans (hereinafter in this section referred to as ‘the Com21 mittee’).

22 ‘‘(2)(A) The Committee shall consist of members ap23 pointed by the Secretary from the general public, includ24 ing—

25 ‘‘(i) representatives of veterans who are minority

26 group members;
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1 ‘‘(ii) individuals who are recognized authorities

2 in fields pertinent to the needs of veterans who are

3 minority group members;

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

5 and who have experience in a military theater of op6 erations; and

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

8 and who do not have such experience.

9 ‘‘(B) The Committee shall include, as ex officio mem10 bers—

11 ‘‘(i) the Secretary of Labor (or a representative

12 of the Secretary of Labor designated by the Secretary

13 after consultation with the Assistant Secretary of

14 Labor for Veterans’ Employment);

15 ‘‘(ii) the Secretary of Defense (or a representa16 tive of the Secretary of Defense designated by the Sec17 retary of Defense);

18 ‘‘(iii) the Secretary of the Interior (or a rep19 resentative of the Secretary of the Interior designated

20 by the Secretary of the Interior);

21 ‘‘(iv) the Secretary of Commerce (or a represent22 ative of the Secretary of Commerce designated by the

23 Secretary of Commerce);

24 ‘‘(v) the Secretary of Health and Human Serv25 ices (or a representative of the Secretary of Health
22

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1 and Human Services designated by the Secretary of

2 Health and Human Services); and

3 ‘‘(vi) the Under Secretary for Health and the

4 Under Secretary for Benefits, or their designees.

5 ‘‘(C) The Secretary may invite representatives of other

6 departments and agencies of the United States to partici7 pate in the meetings and other activities of the Committee.

8 ‘‘(3) The Secretary shall determine the number, terms

9 of service, and pay and allowances of members of the Com10 mittee appointed by the Secretary, except that a term of

11 service of any such member may not exceed three years. The

12 Secretary may reappoint any such member for additional

13 terms of service.

14 ‘‘(4) The Committee shall meet as often as the Sec15 retary considers necessary or appropriate, but not less often

16 than twice each fiscal year.

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

18 with and seek the advice of the Committee with respect to

19 the administration of benefits by the Department for veter20 ans who are minority group members, reports and studies

21 pertaining to such veterans and the needs of such veterans

22 with respect to compensation, health care, rehabilitation,

23 outreach, and other benefits and programs administered by

24 the Department.
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1 ‘‘(c)(1) Not later than July 1 of each even-numbered

2 year, the Committee shall submit to the Secretary a report

3 on the programs and activities of the Department that per4 tain to veterans who are minority group members. Each

5 such report shall include—

6 ‘‘(A) an assessment of the needs of veterans who

7 are minority group members with respect to com8 pensation, health care, rehabilitation, outreach, and

9 other benefits and programs administered by the De10 partment;

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

12 the Department designed to meet such needs; and

13 ‘‘(C) such recommendations (including rec14 ommendations for administrative and legislative ac15 tion) as the Committee considers appropriate.

16 ‘‘(2) The Secretary shall, within 60 days after receiv17 ing each report under paragraph (1), submit to Congress

18 a copy of the report, together with any comments concern19 ing the report that the Secretary considers appropriate.

20 ‘‘(3) The Committee may also submit to the Secretary

21 such other reports and recommendations as the Committee

22 considers appropriate.

23 ‘‘(4) The Secretary shall submit with each annual re24 port submitted to the Congress pursuant to section 529 of

25 this title a summary of all reports and recommendations
24

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1 of the Committee submitted to the Secretary since the pre2 vious annual report of the Secretary submitted pursuant

3 to such section.

4 ‘‘(d) In this section, the term ‘minority group member’

5 means an individual who is—

6 ‘‘(1) Asian American;

7 ‘‘(2) Black;

8 ‘‘(3) Hispanic;

9 ‘‘(4) Native American (including American In10 dian, Alaskan Native, and Native Hawaiian); or

11 ‘‘(5) Pacific-Islander American.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections at

13 the beginning of such chapter is amended by adding after

14 the item relating to section 543 the following new item:

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

15 SEC. 202. REPRESENTATIVES FOR MINORITY VETERANS AT

16 DEPARTMENT FACILITIES.

17 The Secretary of Veterans Affairs shall designate an

18 appropriate official at each regional office of the Depart19 ment of Veterans Affairs and at each medical facility of

20 the Department to serve as the minority affairs officer of

21 the Department at the office or facility. The officials shall

22 perform such functions as the Secretary shall prescribe.
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1 TITLE III—BOARD OF VETERANS’

2 APPEALS

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘Board of Veterans’ Ap5 peals Improvement Act of 1994’’.

6 SEC. 302. CLASSIFICATION AND PAY OF MEMBERS OF

7 BOARD.

8 (a) IN GENERAL.—Section 7101(b) of title 38, United

9 States Code, is amended by adding at the end the following:

10 ‘‘(5) A member of the Board (other than the Chairman

11 and the Vice Chairman) shall receive compensation under

12 the provisions of section 5372 of title 5 and other benefits

13 equal to those payable to an administrative law judge.’’.

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply to pay periods beginning on or after

16 the date of the submittal of the plan required under section

17 303(b)(3).

18 (c) SAVINGS PROVISION.—The rate of basic pay pay19 able to an individual who is a member of the Board of Vet20 erans’ Appeals on the date of the enactment of this Act may

21 not be reduced by reason of the amendment made by sub22 section (a) below the rate payable to such individual on

23 the day before the effective date specified in subsection (b).
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1 SEC. 303. SERVICE AND REMOVAL OF BOARD MEMBERS.

2 (a) CHAIRMAN.—Paragraph (1) of section 7101(b) of

3 title 38, United States Code, is amended to read as follows:

4 ‘‘(1)(A) The Chairman shall be appointed by the Presi5 dent, by and with the advice and consent of the Senate,

6 for a term of six years.

7 ‘‘(B) Notwithstanding subparagraph (A), the Chair8 man may, upon the approval of the Secretary, serve after

9 the expiration of the term of the Chairman under that sub10 paragraph. The Chairman may serve under this subpara11 graph until—

12 ‘‘(i) the confirmation of the Chairman under

13 subparagraph (A) for an additional term to which the

14 Chairman is appointed under paragraph (3); or

15 ‘‘(ii) the confirmation of the successor to the

16 Chairman.

17 ‘‘(C) The Chairman may be removed by the President

18 for misconduct, inefficiency, neglect of duty, for engaging

19 in political activity or in the practice of law, or for physical

20 or mental disability which, in the opinion of the President,

21 prevents the proper execution of the Chairman’s duties. The

22 Chairman may not be removed from office by the President

23 on any other grounds. Any such removal may only be made

24 after notice and opportunity for hearing.’’.

25 (b) OTHER MEMBERS.—(1) Such section is further

26 amended by striking out paragraphs (2) and (3) and insert-
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1 ing in lieu thereof the following new paragraphs (2) and

2 (3):

3 ‘‘(2) The other members of the Board (including the

4 Vice Chairman) shall be appointed by the Secretary, with

5 the approval of the President, based upon the recommenda6 tions of the Chairman.

7 ‘‘(3)(A) Members of the Board (other than the Chair8 man) may be removed by the Secretary based solely upon

9 the recommendation of the panel described in subparagraph

10 (B) and the concurrence of the Chairman under subpara11 graph (D). The decision of the Secretary under this para12 graph to remove a member of the Board shall be final.

13 ‘‘(B) The Chairman shall provide for a panel of mem14 bers of the Board to review the fitness of members of the

15 Board to serve on the Board. The membership of the panel

16 shall consist of the Chairman and four other members of

17 the Board (other than the Vice Chairman). The Chairman

18 shall rotate membership on the panel so as to ensure that

19 each member of the Board (other than the Vice Chairman)

20 serves as a member of the panel for and within a reasonable

21 period.

22 ‘‘(C) With such frequency as the Chairman shall estab23 lish, the panel shall review the fitness of each member of

24 the Board to continue to serve on the Board. The panel shall

25 carry out the review in accordance with such standards as
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1 the members of the Board (with the approval of the Chair2 man) shall establish.

3 ‘‘(D) If a majority of the panel determines that a mem4 ber of the Board subject to review under subparagraph (C)

5 is not fit to continue serving on the Board, the panel shall

6 recommend to the Chairman that the member be removed

7 from the Board. If the Chairman concurs with the rec8 ommendation of the majority, the Chairman shall notify

9 the Secretary of the recommendation of the panel and of

10 the concurrence of the Chairman in the recommendation.

11 ‘‘(E) Upon removal from the Board under this para12 graph, a member of the Board (other than the Chairman)

13 who was a career or career-conditional employee in the civil

14 service before commencement of service as a member of the

15 Board shall revert to the civil service grade and series held

16 by the member immediately before the appointment of the

17 member to the Board.’’.

18 (2) The amendment made by paragraph (1) shall take

19 effect on the date that is 180 days after the date of the enact20 ment of this Act and shall apply to all members of the

21 Board of Veterans’ Appeals (other than the Chairman) be22 ginning on that date.

23 (3) Not later than 60 days after the date of the enact24 ment of this Act, the Secretary of Veterans Affairs shall sub25 mit to the Committees on Veterans’ Affairs of the Senate
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1 and the House of Representatives a plan for the implemen2 tation of section 7101(b)(3) of title 38, United States Code,

3 as added by paragraph (1).

4 SEC. 304. BOARD MEMBERS HOLDING APPOINTMENTS IN

5 THE SENIOR EXECUTIVE SERVICE.

6 Notwithstanding any other provision of law, any

7 member of the Board of Veterans’ Appeals who, on the date

8 of the enactment of this Act, is a member of the Senior Exec9 utive Service shall—

10 (1) continue as a member of the Senior Execu11 tive Service while serving as a member of the Board;

12 and

13 (2) during the term of office of the member under

14 section 7101(b) of title 38, United States Code, receive

15 the pay, leave, and other benefits (including benefits

16 relating to reassignment) to which members of the

17 Senior Executive Service are entitled.

18 TITLE IV—MISCELLANEOUS

19 SEC. 401. STUDY OF HEALTH CONSEQUENCES FOR FAMILY

20 MEMBERS OF ATOMIC VETERANS OF EXPO21 SURE OF ATOMIC VETERANS TO IONIZING RA22 DIATION.

23 (a) EVALUATION OF FEASIBILITY OF STUDY.—(1) The

24 Secretary of Veterans Affairs shall enter into an agreement

25 with the Medical Follow-up Agency of the Institute of the
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1 Medicine of the National Academy of Sciences under which

2 agreement the agency shall convene a panel of appropriate

3 individuals to carry out the evaluation described in para4 graph (2).

5 (2)(A) The panel convened under paragraph (1) shall

6 evaluate the feasibility of carrying out the study described

7 in subsection (c).

8 (B) The panel shall submit the results of the evaluation

9 under subparagraph (A) to the Secretary who shall prompt10 ly notify the Committees on Veterans’ Affairs of the Senate

11 and the House of Representatives of such results. The panel

12 shall submit the results not later than 180 days after the

13 date of the enactment of this Act.

14 (b) AGREEMENT FOR STUDY.—(1) If the panel con15 vened under subsection (a)(1) determines as a result of the

16 evaluation under subsection (a)(2) that the study described

17 in subsection (c) is feasible, the Secretary, in consultation

18 with the Secretary of Defense and the Secretary of Health

19 and Human Services, shall seek to enter into an agreement

20 with the Medical Follow-up Agency of the Institute of Medi21 cine of the National Academy of Sciences under which

22 agreement the agency shall carry out the study.

23 (2) If the Secretary is unable within a reasonable pe24 riod of time (as determined by the Secretary) to enter into

25 an agreement with the agency referred to in paragraph (1)
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1 to carry out the study referred to in that paragraph, the

2 Secretary shall seek to enter into an agreement to carry out

3 the study with another appropriate organization or entity

4 that—

5 (A) is not part of the Government;

6 (B) operates as a not-for-profit entity; and

7 (C) has an expertise and objectivity comparable

8 to that of the agency referred to in paragraph (1).

9 (c) PURPOSE OF STUDY.—The purpose of the study re10 ferred to in subsection (b) is to determine the nature and

11 extent, if any, of the relationship between the exposure of

12 veterans described in subsection (d) to ionizing radiation

13 and the following:

14 (1) Genetic defects and illnesses in the children

15 and grandchildren of such veterans.

16 (2) Untoward pregnancy outcomes experienced

17 by the spouses of such veterans, including premature

18 births, stillbirths, miscarriages, neonatal illnesses and

19 deaths, and periparturient diseases of the mother

20 which are the direct result of such untoward preg21 nancy outcomes.

22 (d) COVERED VETERANS.—Subsection (c) applies to—

23 (1) any veteran who was exposed (as determined

24 by the Secretary) to ionizing radiation as a result

25 of—
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1 (A) participation while on active duty in

2 the Armed Forces in an atmospheric nuclear test

3 that included the detonation of a nuclear device;

4 (B) service in the Armed Forces with the

5 United States occupation force of Hiroshima or

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

7 (C) internment or detention as a prisoner of

8 war of Japan before that date in circumstances

9 providing the opportunity for exposure to ioniz10 ing radiation comparable to the exposure of indi11 viduals who served with such occupation force

12 before that date; and

13 (2) any other veteran that the Secretary des14 ignates for coverage under the study.

15 (e) REPORT.—Not later than each of March 1, 1995,

16 October 1, 1995, October 1, 1996, and October 1, 1997, the

17 Secretary shall submit to the Committees on Veterans’ Af18 fairs of the Senate and the House of Representatives a re19 port on the results of the study carried out under this sec20 tion.

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

22 hereby authorized to be appropriated $5,000,000 for the

23 purposes of carrying out this section.
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1 SEC. 402. ELIMINATION OF REQUIREMENT OF PAYMENT OF

2 CERTAIN BENEFITS IN PHILIPPINE PESOS.

3 (a) IN GENERAL.—Section 107 of title 38, United

4 States Code, is amended—

5 (1) in the flush matter in subsection (a) below

6 paragraph (3)—

7 (A) by striking out ‘‘in pesos’’; and

8 (B) by striking out ‘‘in Philippine pesos’’;

9 and

10 (2) in the flush matter in subsection (b) below

11 paragraph (3)—

12 (A) by striking out ‘‘in pesos’’; and

13 (B) by striking out ‘‘in Philippine pesos’’.

14 (b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL AS15 SISTANCE.—(1) Section 3532(d) of such title is amended by

16 striking out ‘‘in Philippine pesos’’.

17 (2) Section 3565(b)(1) of such title is amended by

18 striking out ‘‘in Philippine pesos’’.

19 SEC. 403. ELIGIBILITY FOR BURIAL IN NATIONAL CEME20 TERIES OF SPOUSES WHO PREDECEASE VET21 ERANS.

22 Section 2402(5) of title 38, United States Code, is

23 amended by striking out ‘‘The surviving spouse,’’ and in24 serting in lieu thereof ‘‘The spouse, surviving spouse,’’.
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1 SEC. 404. AUTHORITY TO USE FLAT GRAVE MARKERS.

2 Notwithstanding section 2404(c)(2) of title 38, United

3 States Code, the Secretary of Veterans Affairs may provide

4 for flat grave markers at the Willamette National Cemetery,

5 Oregon.

6 SEC. 405. PERMANENT AUTHORITY FOR WAIVER OF REDUC7 TION OF RETIREMENT PAY FOR REGISTERED8 NURSE POSITIONS.

9 Section 7426(c) of title 38, United States Code, is

10 amended by striking out the second sentence.

11 SEC. 406. PROTECTION AGAINST CERTAIN PROHIBITED

12 PERSONNEL PRACTICES.

13 (a) IN GENERAL.—Subchapter II of chapter 74 of title

14 38, United States Code, is amended by adding at the end

15 the following:

16 ‘‘§ 7427. Protection from prohibited personnel prac17 tices

18 ‘‘(a)(1) The provisions of law referred to in paragraph

19 (2) apply to any individual appointed as an employee of

20 the Veterans Health Administration under chapter 73 of

21 this title or under this chapter.

22 ‘‘(2) The provisions of law referred to in paragraph

23 (1) are sections 1212, 1213, 1214, 1215, 1216, 1221, 1222,

24 and 2302 of title 5.

25 ‘‘(b) The authority of the Merit Systems Protection

26 Board and of the Office of Special Counsel to review any
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1 personnel action under the authority provided for under a

2 provision of law referred to in subsection (a) shall apply

3 only to the extent specified in the provision of law.’’.

4 (b) CLERICAL AMENDMENT.—The table of sections at

5 the beginning of such chapter is amended by inserting after

6 the item relating to section 7426 the following new item:

‘‘7427. Protection from prohibited personnel practices.’’.

7 SEC. 407. REVISED SUBMITTAL DATE FOR REPORT ON AN8 NUAL ANALYSIS OF DEPARTMENTWIDE AD9 MISSIONS POLICIES.

10 Section 8110(a)(3)(B) of title 38, United States Code,

11 is amended by striking out ‘‘December 1’’ and inserting in

12 lieu thereof ‘‘April 1’’.

13 SEC. 408. EXTENSION OF AUTHORITY TO ENTER INTO EN14 HANCED-USE LEASES.

15 Section 8169 of title 38, United States Code, is amend16 ed by striking out ‘‘December 31, 1994’’ and inserting in

17 lieu thereof ‘‘December 31, 1996’’.

18 SEC. 409. TECHNICAL AMENDMENT.

19 Section 2303(a) of title 38, United States Code, is

20 amended by striking out ‘‘section 1701(4)’’ in the matter

21 preceding paragraph (1) and inserting in lieu thereof ‘‘sec22 tion 1701(3)’’.

Amend the title so as to read: ‘‘To amend title 38,

United States Code, to revise and improve programs of

the Department of Veterans Affairs relating to substance
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abuse and homeless assistance for veterans, to establish

an Advisory Committee on minority veterans, to revise

and improve other programs under the jurisdiction of the

Secretary of Veterans Affairs, and for other purposes.’’.

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