II

Calendar No. 597

105TH CONGRESS

2D SESSION S. 1822

[Report No. 105–344]

To amend title 38, United States Code, to authorize provision of care to

veterans treated with nasopharyngeal radium irradiation.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 1998

Mr. SPECTER (for himself, Mr. THURMOND, Mr. JEFFORDS, Mr. MURKOWSKI,

Mr. ROCKEFELLER, Mr. AKAKA, Mr. WELLSTONE, Mr. LIEBERMAN, Mrs.

MURRAY, and Mr. HUTCHINSON) introduced the following bill; which was

read twice and referred to the Committee on Veterans’ Affairs

SEPTEMBER 22, 1998

Reported by Mr. SPECTER, 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 title 38, United States Code, to authorize provision of care to veterans treated with nasopharyngeal

radium irradiation.

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

3 That except as otherwise expressly provided, whenever in

4 this Act an amendment is expressed in terms of an amend-
2

•S 1822 RS

1 ment to a section or other provision, the reference shall

2 be considered to be made to a section or other provision

3 of title 38, United States Code.

4 SEC. 2. (a) The Secretary may examine, and include

5 in the Department’s Ionizing Radiation Registry Program,

6 any veteran who received nasopharyngeal radium irradia7 tion treatments while serving in the active military, naval,

8 or air service.

9 (b) Section 1710 is amended—

10 (1) in subsection (a)(2)(F), by inserting ‘‘or

11 who received nasopharyngeal radium irradiation

12 treatments,’’ after ‘‘environmental hazard,’’; and

13 (2) in subsection (e)(1)(B) by inserting ‘‘, or a

14 veteran who received nasopharyngeal radium irradia15 tion treatments while serving in the active military,

16 naval, or air service,’’ after ‘‘radiation-exposed vet17 eran’’.

18 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

19 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet20 erans’ Health Care Improvements Act of 1998’’.

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

22 Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE

Sec. 101. Short title.

Sec. 102. Scholarship program for Department of Veterans Affairs employees receiving education or training in the health professions.
3

•S 1822 RS

Sec. 103. Education debt reduction program for Veterans Health Administration

health professionals.

Sec. 104. Repeal of prohibition on payment of tuition loans.

Sec. 105. Outreach.

Sec. 106. Conforming amendments.

TITLE II—CONSTRUCTION AUTHORIZATION

Sec. 201. Authorization of major medical facility projects.

Sec. 202. Authorization of major medical facility leases.

Sec. 203. Authorization of appropriations.

Sec. 204. Increase in threshold for major medical facility leases for purposes of

Congressional authorization.

Sec. 205. Master plan regarding use of Department of Veterans Affairs lands at

West Los Angeles Medical Center, California.

Sec. 206. Name of Department of Veterans Affairs medical center, Aspinwall,

Pennsylvania.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Health care for veterans who received nasopharyngeal radium irradiation treatment.

Sec. 302. Extension of eligibility of former members of Selected Reserve for housing loans.

Sec. 303. Reestablishment of authority to retain certain excess pension amounts

for facility expenses.

Sec. 304. Reestablishment of requirement for reports on exercise of authorities for

payment of competitive pay for nurses and other health-care personnel.

1 TITLE I—HEALTH PROFES2 SIONALS EDUCATIONAL AS3 SISTANCE

4 SEC. 101. SHORT TITLE.

5 This title may be cited as the ‘‘Department of Veterans

6 Affairs Primary Care Providers Incentive Act of 1998’’.
4

•S 1822 RS

1 SEC. 102. SCHOLARSHIP PROGRAM FOR DEPARTMENT OF

2 VETERANS AFFAIRS EMPLOYEES RECEIVING

3 EDUCATION OR TRAINING IN THE HEALTH

4 PROFESSIONS.

5 (a) PROGRAM AUTHORITY.—(1) Chapter 76 of title 38,

6 United States Code, is amended by adding at the end the

7 following new subchapter:

8 ‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE

9 SCHOLARSHIP PROGRAM

10 ‘‘§ 7671. Authority for program

11 ‘‘As part of the Educational Assistance Program, the

12 Secretary shall carry out a scholarship program under this

13 subchapter. The program shall be known as the Department

14 of Veterans Affairs Employee Incentive Scholarship Pro15 gram (hereinafter in this subchapter referred to as the ‘Pro16 gram’).

17 ‘‘§ 7672. Eligibility; agreement

18 ‘‘(a) ELIGIBILITY.—To be eligible to participate in the

19 Program, an individual—

20 ‘‘(1) must be an eligible Department employee

21 who is accepted for enrollment or enrolled (as de22 scribed in section 7602 of this title) as a full-time or

23 part-time student in a field of education or training

24 described in subsection (c); and

25 ‘‘(2) must demonstrate financial need, as deter26 mined under regulations prescribed by the Secretary.
5

•S 1822 RS

1 ‘‘(b) ELIGIBLE DEPARTMENT EMPLOYEES.—For pur2 poses of subsection (a), an eligible Department employee is

3 any employee of the Department who, as of the date on

4 which the employee submits an application for participa5 tion in the Program, has been continuously employed by

6 the Department for not less than two years.

7 ‘‘(c) QUALIFYING FIELDS OF EDUCATION OR TRAIN8 ING.—A scholarship may be awarded under the Program

9 only for education and training in a field leading to ap10 pointment or retention in a position under section 7401

11 of this title.

12 ‘‘(d) PREFERENCE IN AWARD OF SCHOLARSHIPS.—(1)

13 Notwithstanding section 7603(d) of this title and subject to

14 paragraph (2), in selecting participants in the Program,

15 the Secretary shall give preference to the following appli16 cants, in the order specified:

17 ‘‘(A) Applicants who are or will be pursuing a

18 course of education or training in a field relating to

19 the provision of primary care health services, as des20 ignated by the Secretary.

21 ‘‘(B) Applicants who are employed at Depart22 ment health-care facilities located in rural areas or at

23 which there is an inadequate supply of individuals

24 qualified to hold a position under section 7401 of this

25 title, as so designated.
6

•S 1822 RS

1 ‘‘(2) In the case of a pool of applicants covered by sub2 paragraph (A) or (B) of paragraph (1), the Secretary shall

3 give preference in the award of scholarships to the members

4 of the pool who have the greatest financial need.

5 ‘‘(3) The Secretary shall maintain, and update peri6 odically, a list setting forth—

7 ‘‘(A) the fields of education or training covered

8 by subparagraph (A) of paragraph (1); and

9 ‘‘(B) the facilities covered by subparagraph (B)

10 of that paragraph.

11 ‘‘(e) AGREEMENT.—(1) An agreement between the Sec12 retary and a participant in the Program shall (in addition

13 to the requirements set forth in section 7604 of this title)

14 include the following:

15 ‘‘(A) The Secretary’s agreement to provide the

16 participant with a scholarship under the Program for

17 a specified number (from one to three) of school years

18 during which the participant pursues a course of edu19 cation or training described in subsection (c) that

20 meets the requirements set forth in section 7602(a) of

21 this title.

22 ‘‘(B) The participant’s agreement to serve as a

23 full-time employee in the Veterans Health Adminis24 tration for a period of time (hereinafter in this sub25 chapter referred to as the ‘period of obligated service’)
7

•S 1822 RS

1 of one calendar year for each school year or part

2 thereof for which the participant was provided a

3 scholarship under the Program, but for not less than

4 two years.

5 ‘‘(C) The participant’s agreement to serve under

6 subparagraph (B) in a Department facility selected

7 by the Secretary.

8 ‘‘(2) In a case in which an extension is granted under

9 section 7673(c)(2) of this title, the number of years for

10 which a scholarship may be provided under the Program

11 shall be the number of school years provided for as a result

12 of the extension.

13 ‘‘(3) In the case of a participant who is a part-time

14 student—

15 ‘‘(A) the period of obligated service shall be re16 duced in accordance with the proportion that the

17 number of credit hours carried by such participant in

18 any such school year bears to the number of credit

19 hours required to be carried by a full-time student in

20 the course of training being pursued by the partici21 pant, but in no event to less than one year; and

22 ‘‘(B) the agreement shall include the partici23 pant’s agreement to maintain employment, while en24 rolled in such course of education or training, as a
8

•S 1822 RS

1 Department employee permanently assigned to a De2 partment health-care facility.

3 ‘‘§ 7673. Scholarship

4 ‘‘(a) SCHOLARSHIP.—A scholarship provided to a par5 ticipant in the Program for a school year shall consist of

6 payment of the tuition of the participant for that school

7 year and payment of other reasonable educational expenses

8 (including fees, books, and laboratory expenses) for that

9 school year.

10 ‘‘(b) AMOUNTS.—The total amount of the scholarship

11 payable under subsection (a)—

12 ‘‘(1) in the case of a participant in the Program

13 who is a full-time student, may not exceed $10,000 for

14 any one year; and

15 ‘‘(2) in the case of a participant in the Program

16 who is a part-time student, shall be the amount speci17 fied in paragraph (1) reduced in accordance with the

18 proportion that the number of credit hours carried by

19 the participant in that school year bears to the num20 ber of credit hours required to be carried by a full21 time student in the course of education or training

22 being pursued by the participant.

23 ‘‘(c) LIMITATION ON YEARS OF PAYMENT.—(1) Subject

24 to paragraph (2), a participant in the Program may not
9

•S 1822 RS

1 receive a scholarship under subsection (a) for more than

2 three school years.

3 ‘‘(2) The Secretary may extend the number of school

4 years for which a scholarship may be awarded to a partici5 pant in the Program who is a part-time student to a maxi6 mum of six school years if the Secretary determines that

7 the extension would be in the best interest of the United

8 States.

9 ‘‘(d) PAYMENT OF EDUCATIONAL EXPENSES BY EDU10 CATIONAL INSTITUTIONS.—The Secretary may arrange

11 with an educational institution in which a participant in

12 the Program is enrolled for the payment of the educational

13 expenses described in subsection (a). Such payments may

14 be made without regard to subsections (a) and (b) of section

15 3324 of title 31.

16 ‘‘§ 7674. Status of certain participants

17 ‘‘(a) STATUS.—A participant in the Program de18 scribed in subsection (b) shall not, by reason of such partici19 pation—

20 ‘‘(1) be considered an employee of the Federal

21 Government; or

22 ‘‘(2) be counted against any personnel ceiling af23 fecting the Veterans Health Administration.

24 ‘‘(b) COVERED PARTICIPANTS.—Subsection (a) applies

25 in the case of any participant in the Program who is a
10

•S 1822 RS

1 student on a full-time basis and is not performing service

2 for the Department.

3 ‘‘§ 7675. Obligated service

4 ‘‘(a) IN GENERAL.—Each participant in the Program

5 shall provide service as a full-time employee of the Depart6 ment for the period of obligated service provided in the

7 agreement of the participant entered into under section

8 7603 of this title. Such service shall be provided in the full9 time clinical practice of such participant’s profession or in

10 another health-care position in an assignment or location

11 determined by the Secretary.

12 ‘‘(b) DETERMINATION OF SERVICE COMMENCEMENT

13 DATE.—(1) Not later than 60 days before a participant’s

14 service commencement date, the Secretary shall notify the

15 participant of that service commencement date. That date

16 is the date for the beginning of the participant’s period of

17 obligated service.

18 ‘‘(2) As soon as possible after a participant’s service

19 commencement date, the Secretary shall—

20 ‘‘(A) in the case of a participant who is not a

21 full-time employee in the Veterans Health Adminis22 tration, appoint the participant as such an employee;

23 and

24 ‘‘(B) in the case of a participant who is an em25 ployee in the Veterans Health Administration but is
11

•S 1822 RS

1 not serving in a position for which the participant’s

2 course of education or training prepared the partici3 pant, assign the participant to such a position.

4 ‘‘(3)(A) In the case of a participant receiving a degree

5 from a school of medicine, osteopathy, dentistry, optometry,

6 or podiatry, the participant’s service commencement date

7 is the date upon which the participant becomes licensed to

8 practice medicine, osteopathy, dentistry, optometry, or po9 diatry, as the case may be, in a State.

10 ‘‘(B) In the case of a participant receiving a degree

11 from a school of nursing, the participant’s service com12 mencement date is the later of—

13 ‘‘(i) the participant’s course completion date; or

14 ‘‘(ii) the date upon which the participant be15 comes licensed as a registered nurse in a State.

16 ‘‘(C) In the case of a participant not covered by sub17 paragraph (A) or (B), the participant’s service commence18 ment date is the later of—

19 ‘‘(i) the participant’s course completion date; or

20 ‘‘(ii) the date the participant meets any applica21 ble licensure or certification requirements.

22 ‘‘(4) The Secretary shall by regulation prescribe the

23 service commencement date for participants who were part24 time students. Such regulations shall prescribe terms as
12

•S 1822 RS

1 similar as practicable to the terms set forth in paragraph

2 (3).

3 ‘‘(c) COMMENCEMENT OF OBLIGATED SERVICE.—(1)

4 Except as provided in paragraph (2), a participant in the

5 Program shall be considered to have begun serving the par6 ticipant’s period of obligated service—

7 ‘‘(A) on the date, after the participant’s course

8 completion date, on which the participant (in accord9 ance with subsection (b)) is appointed as a full-time

10 employee in the Veterans Health Administration; or

11 ‘‘(B) if the participant is a full-time employee in

12 the Veterans Health Administration on such course

13 completion date, on the date thereafter on which the

14 participant is assigned to a position for which the

15 participant’s course of training prepared the partici16 pant.

17 ‘‘(2) A participant in the Program who on the partici18 pant’s course completion date is a full-time employee in the

19 Veterans Health Administration serving in a capacity for

20 which the participant’s course of training prepared the par21 ticipant shall be considered to have begun serving the par22 ticipant’s period of obligated service on such course comple23 tion date.

24 ‘‘(d) COURSE COMPLETION DATE DEFINED.—In this

25 section, the term ‘course completion date’ means the date
13

•S 1822 RS

1 on which a participant in the Program completes the par2 ticipant’s course of education or training under the Pro3 gram.

4 ‘‘§ 7676. Breach of agreement: liability

5 ‘‘(a) LIQUIDATED DAMAGES.—A participant in the

6 Program (other than a participant described in subsection

7 (b)) who fails to accept payment, or instructs the edu8 cational institution in which the participant is enrolled not

9 to accept payment, in whole or in part, of a scholarship

10 under the agreement entered into under section 7603 of this

11 title shall be liable to the United States for liquidated dam12 ages in the amount of $1,500. Such liability is in addition

13 to any period of obligated service or other obligation or li14 ability under the agreement.

15 ‘‘(b) LIABILITY DURING COURSE OF EDUCATION OR

16 TRAINING.—(1) Except as provided in subsection (d), a

17 participant in the Program shall be liable to the United

18 States for the amount which has been paid to or on behalf

19 of the participant under the agreement if any of the follow20 ing occurs:

21 ‘‘(A) The participant fails to maintain an ac22 ceptable level of academic standing in the educational

23 institution in which the participant is enrolled (as

24 determined by the educational institution under regu25 lations prescribed by the Secretary).
14

•S 1822 RS

1 ‘‘(B) The participant is dismissed from such

2 educational institution for disciplinary reasons.

3 ‘‘(C) The participant voluntarily terminates the

4 course of education or training in such educational

5 institution before the completion of such course of

6 education or training.

7 ‘‘(D) The participant fails to become licensed to

8 practice medicine, osteopathy, dentistry, podiatry, or

9 optometry in a State, fails to become licensed as a

10 registered nurse in a State, or fails to meet any ap11 plicable licensure requirement in the case of any other

12 health-care personnel who provide either direct pa13 tient-care services or services incident to direct pa14 tient-care services, during a period of time deter15 mined under regulations prescribed by the Secretary.

16 ‘‘(E) In the case of a participant who is a part17 time student, the participant fails to maintain em18 ployment, while enrolled in the course of training

19 being pursued by the participant, as a Department

20 employee.

21 ‘‘(2) Liability under this subsection is in lieu of any

22 service obligation arising under a participant’s agreement.

23 ‘‘(c) LIABILITY DURING PERIOD OF OBLIGATED SERV24 ICE.—(1) Except as provided in subsection (d), if a partici25 pant in the Program breaches the agreement by failing for
15

•S 1822 RS

1 any reason to complete such participant’s period of obli2 gated service, the United States shall be entitled to recover

3 from the participant an amount determined in accordance

4 with the following formula:

A=3Φ (

t¥s

)

t

5 ‘‘(2) In such formula:

6 ‘‘(A) ‘A’ is the amount the United States is enti7 tled to recover.

8 ‘‘(B) ‘Φ’ is the sum of—

9 ‘‘(i) the amounts paid under this subchapter

10 to or on behalf of the participant; and

11 ‘‘(ii) the interest on such amounts which

12 would be payable if at the time the amounts were

13 paid they were loans bearing interest at the

14 maximum legal prevailing rate, as determined

15 by the Treasurer of the United States.

16 ‘‘(C) ‘t’ is the total number of months in the par17 ticipant’s period of obligated service, including any

18 additional period of obligated service in accordance

19 with section 7673(c)(2) of this title.

20 ‘‘(D) ‘s’ is the number of months of such period

21 served by the participant in accordance with section

22 7673 of this title.
16

•S 1822 RS

1 ‘‘(d) LIMITATION ON LIABILITY FOR REDUCTIONS-IN2 FORCE.—Liability shall not arise under subsection

3 (b)(1)(E) or (c) in the case of a participant otherwise cov4 ered by the subsection concerned if the participant fails to

5 maintain employment as a Department employee due to a

6 reduction-in-force.

7 ‘‘(e) PERIOD FOR PAYMENT OF DAMAGES.—Any

8 amount of damages which the United States is entitled to

9 recover under this section shall be paid to the United States

10 within the one-year period beginning on the date of the

11 breach of the agreement.

12 ‘‘§ 7677. Expiration of program

13 ‘‘The Secretary may not furnish scholarships to indi14 viduals who commence participation in the Program after

15 December 31, 2001.’’.

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

17 76 of title 38, United States Code, is amended by adding

18 at the end the following:

‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM

‘‘7671. Authority for program.

‘‘7672. Eligibility; agreement.

‘‘7673. Scholarship.

‘‘7674. Status of certain participants.

‘‘7675. Obligated service.

‘‘7676. Breach of agreement: liability.

‘‘7677. Expiration of program.’’.

19 (b) REGULATIONS.—The Secretary of Veterans Affairs

20 may treat regulations prescribed subchapter II of chapter

21 76 of title 38, United States Code, as regulations required
17

•S 1822 RS

1 under subchapter VI of that chapter, as added by subsection

2 (a), but only to the extent that the regulations prescribed

3 under such subchapter II are not inconsistent with the pro4 visions of such subchapter VI.

5 SEC. 103. EDUCATION DEBT REDUCTION PROGRAM FOR

6 VETERANS HEALTH ADMINISTRATION

7 HEALTH PROFESSIONALS.

8 (a) PROGRAM AUTHORITY.—Chapter 76 of title 38,

9 United States Code (as amended by section 102), is further

10 amended by adding after subchapter VI the following new

11 subchapter:

12 ‘‘SUBCHAPTER VII—EDUCATION DEBT

13 REDUCTION PROGRAM

14 ‘‘§ 7681. Authority for program

15 ‘‘(a) IN GENERAL.—(1) As part of the Educational As16 sistance Program, the Secretary may carry out an edu17 cation debt reduction program under this subchapter. The

18 program shall be known as the Department of Veterans Af19 fairs Primary Care Workers Education Debt Reduction

20 Program (hereinafter in this subchapter referred to as the

21 ‘Education Debt Reduction Program’).

22 ‘‘(2) The purpose of the Education Debt Reduction

23 Program is to assist personnel serving in health-care posi24 tions in the Veterans Health Administration in reducing

25 the amount of debt incurred by such personnel in complet-
18

•S 1822 RS

1 ing programs of education or training that qualified such

2 personnel for such service.

3 ‘‘(b) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

4 PROGRAM.—Education debt reduction payments under the

5 Education Debt Reduction Program shall be in addition

6 to other assistance available to individuals under the Edu7 cational Assistance Program.

8 ‘‘§ 7682. Eligibility

9 ‘‘(a) ELIGIBILITY.—An individual eligible to partici10 pate in the Education Debt Reduction Program is any in11 dividual who—

12 ‘‘(1) is serving in a position in the Veterans

13 Health Administration under an appointment under

14 section 7402(b) of this title; and

15 ‘‘(2) owes any amount of principal or interest

16 under a loan the proceeds of which were used by or

17 on behalf of the individual to pay costs relating to a

18 course of education or training which led to a degree

19 that qualified the individual for a position referred to

20 in paragraph (1).

21 ‘‘(b) COVERED COSTS.—For purposes of subsection

22 (a)(2), costs relating to a course of education or training

23 include—

24 ‘‘(1) tuition expenses;
19

•S 1822 RS

1 ‘‘(2) all other reasonable educational expenses,

2 including expenses for fees, books, and laboratory ex3 penses; and

4 ‘‘(3) reasonable living expenses.

5 ‘‘§ 7683. Preference

6 ‘‘(a) PREFERENCE.—Notwithstanding section 7603(d)

7 of this title, in selecting individuals for education debt re8 duction payments under the Education Debt Reduction

9 Program, the Secretary shall give preference to the following

10 (in the order specified):

11 ‘‘(1) Individuals recently appointed by the Sec12 retary to positions under section 7401 of this title in

13 fields relating to primary care health services, as des14 ignated by the Secretary.

15 ‘‘(2) Individuals recently appointed by the Sec16 retary to positions under such section in areas in

17 which the recruitment or retention of an adequate

18 supply of qualified health-care personnel is difficult,

19 as so designated.

20 ‘‘(3) Any other individuals serving in appoint21 ments to positions described in paragraphs (1) and

22 (2).

23 ‘‘(b) RECENTLY APPOINTED INDIVIDUALS.—An indi24 vidual shall be treated as recently appointed to a position

25 for purposes of subsection (a) if the individual was ap-
20

•S 1822 RS

1 pointed to the position not more than 6 months before the

2 date of treatment for such purposes.

3 ‘‘§ 7684. Education debt reduction

4 ‘‘(a) IN GENERAL.—Education debt reduction pay5 ments under the Education Debt Reduction Program shall

6 consist of payments to individuals selected to participate

7 in the program of amounts to reimburse such individuals

8 for payments by such individuals of principal and interest

9 on loans described in section 7682(a)(2) of this title.

10 ‘‘(b) FREQUENCY OF PAYMENT.—(1) The Secretary

11 may make education debt reduction payments to any given

12 participant in the Education Debt Reduction Program on

13 a monthly or annual basis, at the election of the Secretary.

14 ‘‘(2) The Secretary shall make such payments at the

15 end of the period elected by the Secretary under paragraph

16 (1).

17 ‘‘(c) PERFORMANCE REQUIREMENT.—The Secretary

18 may make education debt reduction payments to a partici19 pant in the Education Debt Reduction Program for a pe20 riod only if the Secretary determines that the individual

21 maintained an acceptable level of performance in the posi22 tion or positions served by the participant during the pe23 riod.

24 ‘‘(d) MAXIMUM ANNUAL AMOUNT.—(1) Subject to

25 paragraph (2), the total amount of education debt reduction
21

•S 1822 RS

1 payments made to a participant for a year under the Edu2 cation Debt Reduction Program shall be—

3 ‘‘(A) $6,000 for the first year of the participant’s

4 participation in such Program;

5 ‘‘(B) $8,000 for the second year of the partici6 pant’s participation in such Program; and

7 ‘‘(C) $10,000 for the third year of the partici8 pant’s participation in such Program.

9 ‘‘(2) The total amount payable to a participant in

10 such Program for any year may not exceed the amount of

11 the principle and interest on loans referred to in subsection

12 (a) that is paid by the individual during such year.

13 ‘‘§ 7685. Expiration of program

14 ‘‘The Secretary may not make education debt reduc15 tion payments to individuals who commence participation

16 in the Education Debt Reduction Program after December

17 31, 2001.’’.

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

19 the beginning of chapter 76 of title 38, United States Code

20 (as amended by section 102(b)), is further amended by add21 ing at the end the following:

‘‘SUBCHAPTER VII—EDUCATION DEBT REDUCTION PROGRAM

‘‘7681. Authority for program.

‘‘7682. Eligibility.

‘‘7683. Preference.

‘‘7684. Education debt reduction.

‘‘7685. Expiration of program.’’.
22

•S 1822 RS

1 SEC. 104. REPEAL OF PROHIBITION ON PAYMENT OF TUI2 TION LOANS.

3 Section 523(b) of the Veterans Health Care Act of 1992

4 (Public Law 102–585; 106 Stat. 4959; 38 U.S.C. 7601 note)

5 is repealed.

6 SEC. 105. OUTREACH.

7 The Secretary of Veterans Affairs shall take appro8 priate actions to notify employees of the Department of Vet9 erans Affairs of the benefits available under the Department

10 of Veterans Affairs Employee Incentive Scholarship Pro11 gram under subchapter VI of chapter 76 of title 38, United

12 States Code (as added by section 102), and under the De13 partment of Veterans Affairs Primary Care Workers Edu14 cation Debt Reduction Program under subchapter VII of

15 that chapter (as added by section 103).

16 SEC. 106. CONFORMING AMENDMENTS.

17 Chapter 76 of title 38, United States Code (as amended

18 by this title), is further amended as follows:

19 (1) In section 7601(a)—

20 (A) by striking out ‘‘and’’ at the end of

21 paragraph (2);

22 (B) by striking out the period at the end of

23 paragraph (3) and inserting in lieu thereof a

24 semicolon; and

25 (C) by adding at the end the following:
23

•S 1822 RS

1 ‘‘(4) the employee incentive scholarship program

2 provided for in subchapter VI of this chapter; and’’;

3 and

4 ‘‘(5) the education debt reduction program pro5 vided for in subchapter VII of this chapter.’’.

6 (2) In section 7602—

7 (A) in subsection (a)(1)—

8 (i) by striking out ‘‘subchapter I or II’’

9 and inserting in lieu thereof ‘‘subchapter II,

10 III, or VI’’;

11 (ii) by striking out ‘‘or for which’’ and

12 inserting in lieu thereof ‘‘, for which’’; and

13 (iii) by inserting before the period at

14 the end the following: ‘‘, or for which a

15 scholarship may be awarded under sub16 chapter VI of this chapter, as the case may

17 be’’; and

18 (B) in subsection (b), by striking out ‘‘sub19 chapter I or II’’ and inserting in lieu thereof

20 ‘‘subchapter II, III, or VI’’.

21 (3) In section 7603—

22 (A) in subsection (a)—

23 (i) by striking out ‘‘To apply to par24 ticipate in the Educational Assistance Pro25 gram,’’ and inserting in lieu thereof ‘‘(1) To
24

•S 1822 RS

1 apply to participate in the Educational As2 sistance Program under subsection II, III,

3 V, or VI of this chapter,’’; and

4 (ii) by adding at the end the following:

5 ‘‘(2) To apply to participate in the Educational As6 sistance Program under subchapter VII of this chapter, an

7 individual shall submit to the Secretary an application for

8 such participation.’’; and

9 (B) in subsection (b)(1), by inserting ‘‘(if

10 required)’’ before the period at the end.

11 (4) In section 7604, by striking out ‘‘subchapter

12 II, III, or V’’ each place it appears in paragraphs

13 (1)(A), (2)(D), and (5) and inserting in lieu thereof

14 ‘‘subchapter II, III, V, or VI’’.

15 (5) In section 7632—

16 (A) in paragraph (1)—

17 (i) by striking out ‘‘and the Tuition

18 Reimbursement Program’’ and inserting in

19 lieu thereof ‘‘, the Tuition Reimbursement

20 Program, the Employee Incentive Scholar21 ship Program, and the Education Debt Re22 duction Program’’; and

23 (ii) by inserting ‘‘(if any)’’ after

24 ‘‘number of students’’;
25

•S 1822 RS

1 (B) in paragraph (2), by inserting ‘‘(if

2 any)’’ after ‘‘education institutions’’; and

3 (C) in paragraph (4)—

4 (i) by striking ‘‘and per participant’’

5 and inserting in lieu thereof ‘‘, per partici6 pant’’; and

7 (ii) by inserting ‘‘, per participant in

8 the Employee Incentive Scholarship Pro9 gram, and per participant in the Education

10 Debt Reduction Program’’ before the period

11 at the end.

12 (6) In section 7636, by striking ‘‘or a stipend’’

13 and inserting ‘‘a stipend, or education debt reduc14 tion’’.

15 TITLE II—CONSTRUCTION

16 AUTHORIZATION

17 SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY

18 PROJECTS.

19 The Secretary of Veterans Affairs may carry out the

20 following major medical facility projects, with each project

21 to be carried out in the amount specified for that project:

22 (1) Clinical consolidations and seismic correc23 tions at the Department of Veterans Affairs medical

24 center in Long Beach, California, in an amount not

25 to exceed $23,200,000.
26

•S 1822 RS

1 (2) Seismic corrections at the Department of Vet2 erans Affairs medical center in San Juan, Puerto

3 Rico, in an amount not to exceed $50,000,000.

4 (3) Nursing home care unit renovations in Leb5 anon, Pennsylvania, in an amount not to exceed

6 $9,500,000.

7 (4) Construction of a parking structure at the

8 Department of Veterans Affairs medical center in

9 Denver, Colorado, in an amount not to exceed

10 $13,000,000, to be derived only from funds appro11 priated for the Parking Revolving Fund for a fiscal

12 year before fiscal year 1999 that remain available for

13 obligation.

14 (5) Outpatient clinic projects at Auburn, Cali15 fornia, and Merced California, as part of the North16 ern California Healthcare Systems Project, in an

17 amount not to exceed $3,000,000, to be derived only

18 from funds appropriated for Construction, Major

19 Projects, for a fiscal year before fiscal year 1999 that

20 remain available for obligation.

21 SEC. 202. AUTHORIZATION OF MAJOR MEDICAL FACILITY

22 LEASES.

23 The Secretary of Veterans Affairs may enter into leases

24 for medical facilities as follows:
27

•S 1822 RS

1 (1) Lease of a satellite outpatient clinic in Baton

2 Rouge, Louisiana, in an amount not to exceed

3 $1,792,500.

4 (2) Lease of a satellite outpatient clinic in Day5 tona Beach, Florida, in an amount not to exceed

6 $2,573,300.

7 (3) Lease of a satellite outpatient clinic in Oak8 land Park, Florida, in an amount not to exceed

9 $4,008,600.

10 SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—There are authorized to be appro12 priated to the Secretary of Veterans Affairs for fiscal year

13 1999—

14 (1) for the Construction, Major Projects account,

15 $82,700,000 for the projects authorized in paragraphs

16 (1), (2), and (3) of section 201; and

17 (2) for the Medical Care account, $8,374,400 for

18 the leases authorized in section 202.

19 (b) LIMITATION.—The projects authorized in section

20 201 may only be carried out using—

21 (1) funds appropriated for fiscal year 1999 pur22 suant to the authorization of appropriations in sub23 section (a);
28

•S 1822 RS

1 (2) funds appropriated for Construction, Major

2 Projects for a fiscal year before fiscal year 1999 that

3 remain available for obligation;

4 (3) funds appropriated for the Parking Revolv5 ing Fund for a fiscal year before fiscal year 1999 that

6 remain available for obligation; and

7 (4) funds appropriated for Construction, Major

8 Projects for fiscal year 1999 for a category of activity

9 not specific to a project.

10 SEC. 204. INCREASE IN THRESHOLD FOR MAJOR MEDICAL

11 FACILITY LEASES FOR PURPOSES OF CON12 GRESSIONAL AUTHORIZATION.

13 Section 8104(a)(3)(B) of title 38, United States Code,

14 is amended by striking out ‘‘$300,000’’ and inserting in

15 lieu thereof ‘‘$600,000’’.

16 SEC. 205. MASTER PLAN REGARDING USE OF DEPARTMENT

17 OF VETERANS AFFAIRS LANDS AT WEST LOS

18 ANGELES MEDICAL CENTER, CALIFORNIA.

19 (a) REPORT.—The Secretary of Veterans Affairs shall

20 submit to Congress a report on the master plan of the De21 partment of Veterans Affairs relating to the use of Depart22 ment lands at the West Los Angeles Department of Veterans

23 Affairs Medical Center, California.

24 (b) REPORT ELEMENTS.—The report under subsection

25 (a) shall set forth the following:
29

•S 1822 RS

1 (1) The master plan referred to in that sub2 section, if such plan currently exists.

3 (2) A current assessment of the master plan.

4 (3) Any proposals of the Department for a veter5 ans park on the lands referred to in subsection (a),

6 and an assessment of such proposals.

7 (4) Any proposals to use a portion of such lands

8 as dedicated green space, and an assessment of such

9 proposals.

10 (c) ALTERNATIVE ELEMENT.—If the master plan re11 ferred to in subsection (a) does not exist as of the date of

12 enactment of this Act, the Secretary shall set forth in the

13 report under that subsection, in lieu of the elements required

14 under paragraphs (1) and (2) of subsection (b), a plan for

15 the development of a master plan for the use of the lands

16 referred to in subsection (a) over the next 25 years and over

17 the next 50 years.

18 SEC. 206. NAME OF DEPARTMENT OF VETERANS AFFAIRS

19 MEDICAL CENTER, ASPINWALL, PENNSYL20 VANIA.

21 The Department of Veterans Affairs medical center in

22 Aspinwall, Pennsylvania, shall be known and designated as

23 the ‘‘H. John Heinz III Department of Veterans Affairs

24 Medical Center’’. Any reference to such medical center in

25 any law, regulation, map, document, record, or other paper
30

•S 1822 RS

1 of the United States shall be considered to be a reference

2 to the H. John Heinz III Department of Veterans Affairs

3 Medical Center.

4 TITLE III—MISCELLANEOUS

5 PROVISIONS

6 SEC. 301. HEALTH CARE FOR VETERANS WHO RECEIVED NA7 SOPHARYNGEAL RADIUM IRRADIATION

8 TREATMENT.

9 (a) AUTHORITY TO PROVIDE CARE.—Section 1710 of

10 title 38, United States Code, is amended—

11 (1) in subsection (a)(2)(F), by inserting ‘‘or who

12 received nasopharyngeal radium irradiation treat13 ments,’’ after ‘‘or other conditions,’’; and

14 (2) in subsection (e)(1)(B), by inserting ‘‘, or a

15 veteran who received nasopharyngeal radium irradia16 tion treatments while serving in the active military,

17 naval, or air service,’’ after ‘‘radiation-exposed vet18 eran’’.

19 (b) INCLUSION IN IONIZING RADIATION REGISTRY

20 PROGRAM.—The Secretary of Veterans Affairs may exam21 ine and include in the Ionizing Radiation Registry Pro22 gram of the Department of Veterans Affairs any veteran

23 who received nasopharyngeal radium irradiation treat24 ments while serving in the active military, naval, or air

25 service.
31

•S 1822 RS

1 SEC. 302. EXTENSION OF ELIGIBILITY OF FORMER MEM2 BERS OF SELECTED RESERVE FOR HOUSING

3 LOANS.

4 Section 3702(a)(2)(E) of title 38, United States Code,

5 is amended by striking out ‘‘October 27, 1999’’ and insert6 ing in lieu thereof ‘‘December 31, 2004’’.

7 SEC. 303. REESTABLISHMENT OF AUTHORITY TO RETAIN

8 CERTAIN EXCESS PENSION AMOUNTS FOR FA9 CILITY EXPENSES.

10 Section 5503(a)(1)(B) of title 38, United States Code,

11 is amended in the second sentence by striking out ‘‘Septem12 ber 30, 1997’’ and inserting in lieu thereof ‘‘September 30,

13 2003’’.

14 SEC. 304. REESTABLISHMENT OF REQUIREMENT FOR RE15 PORTS ON EXERCISE OF AUTHORITIES FOR

16 PAYMENT OF COMPETITIVE PAY FOR NURSES

17 AND OTHER HEALTH-CARE PERSONNEL.

18 Section 7451(g) of title 38, United States Code, is

19 amended by striking out ‘‘December 1 of 1991, 1992, and

20 1993’’ and inserting in lieu thereof ‘‘December 1 of 1999,

21 2000, and 2001’’.

Amend the title so as to read: ‘‘A Bill to amend title

38, United States Code, to authorize additional educational assistance for certain Department of Veterans

Affairs health professionals, to authorize medical facility

construction and leases for the Department, and for

other purposes.’’.
Calendar No. 597

105TH CONGRESS

2D SESSION S. 1822

[Report No. 105–344]

A BILL

To amend title 38, United States Code, to authorsopharyngeal radium irradiation. ize provision of care to veterans treated with naSEPTEMBER 22, 1998

Reported with an amendment and an amendment to the

title