II

Calendar No. 787

106TH CONGRESS

2D SESSION S. 1810

[Report No. 106–397]

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

claims and appellate procedures.

IN THE SENATE OF THE UNITED STATES

OCTOBER 27, 1999

Mrs. MURRAY (for herself, Mr. JEFFORDS, Mr. CONRAD, Mr. KERREY, Mr.

DORGAN, Mr. BINGAMAN, Mr. SARBANES, Mr. LEAHY, Mr. DASCHLE,

Mr. KERRY, Ms. SNOWE, Mr. REID, Mr. ROBB, Mr. JOHNSON, Mr.

INOUYE, Mr. INHOFE, Mrs. LINCOLN, Mr. FEINGOLD, Ms. COLLINS, Mr.

DODD, Mr. SMITH of New Hampshire, Mr. BIDEN, Ms. LANDRIEU, Mr.

LIEBERMAN, Mrs. BOXER, Mr. CLELAND, Mr. WELLSTONE, Mr.

BROWNBACK, Mr. KENNEDY, Mr. HARKIN, Mr. MCCAIN, Mr. BURNS,

Mr. L. CHAFEE, Mrs. HUTCHISON, Mr. GRASSLEY, Mr. GRAHAM, Mrs.

FEINSTEIN, Mr. KOHL, Mr. ASHCROFT, Mr. GORTON, and Mr. HUTCHINSON) introduced the following bill; which was read twice and referred

to the Committee on Veterans’ Affairs

SEPTEMBER 6, 2000

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 clarify and

improve veterans’ claims and appellate procedures.
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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.

4 This Act may be cited as the ‘‘Veterans Claims and

5 Appeals Procedures Clarification and Improvement Act’’.

6 SEC. 2. CLARIFICATION OF DEPARTMENT OF VETERANS

7 AFFAIRS DUTY TO ASSIST CLAIMANTS.

8 (a) IN GENERAL.—Section 5107 of title 38, United

9 States Code, is amended—

10 (1) in subsection (a), by striking the second and

11 third sentences; and

12 (2) by adding at the end the following new sub13 section:

14 ‘‘(c) The Secretary shall assist a claimant, who under

15 subsection (a) has the burden of proof, in developing all

16 facts pertinent to the claim. Such assistance shall include

17 requesting information as described in section 5106 of this

18 title.’’.

19 (b) CLERICAL AND CONFORMING AMENDMENTS.—

20 (1) The section heading of such section is amended by in21 serting ‘‘; assistance to claimants’’ after ‘‘benefit

22 of the doubt’’.

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

24 51 of such title is amended in the item relating to section
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1 5107 by inserting ‘‘; assistance to claimants’’ after ‘‘ben2 efit of the doubt’’.

3 SEC. 3. EXCLUSIVE NATURE OF ADJUDICATION AND HEAR4 ING PROCEDURES.

5 (a) IN GENERAL.—Chapter 1 of title 38, United

6 States Code, is amended by adding at the end the fol7 lowing new section:

8 ‘‘§ 116. Exclusivity of adjudication and hearing proce9 dures

10 ‘‘Notwithstanding chapter 72 of this title, section

11 554(a) of title 5, or any other provision of law, the adju12 dication and hearing procedures set forth in this title and

13 in the regulations prescribed by the Secretary under this

14 title for purposes of administering veterans benefits shall

15 be exclusive with respect to hearings, investigations, and

16 other proceedings in connection with the consideration of

17 a claim for benefits under the laws administered by the

18 Secretary.’’.

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

20 at the beginning of chapter 1 of such title is amended by

21 adding at the end the following new item:

‘‘116. Exclusivity of adjudication and hearing procedures.’’.

22 SEC. 4. PRECLUSION OF CERTAIN APPEALS BY SECRETARY

23 OF VETERANS AFFAIRS.

24 Section 7252(a) of title 38, United States Code, is

25 amended by inserting ‘‘, nor may the Court entertain any
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1 allegation of error by the Secretary in such decision not

2 raised by the appellant or the Court’’ after ‘‘such deci3 sion’’.

4 SEC. 5. REVIEW OF FINDINGS OF FACT BY UNITED STATES

5 COURT OF APPEALS FOR VETERANS CLAIMS.

6 Section 7261(a)(4) of title 38, United States Code,

7 is amended by striking ‘‘such finding if the finding is

8 clearly erroneous’’ and inserting ‘‘a finding adverse to a

9 veteran or other claimant for benefits if the finding is not

10 reasonably supported by a preponderance of the evidence’’.

11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

12 (a) SHORT TITLE.—This Act may be cited as the ‘‘Vet13 erans Programs Enhancement Act of 2000’’.

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

15 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—BENEFITS MATTERS

Subtitle A—Compensation and Pension Matters

Sec. 101. Clarification and enhancement of authorities relating to the processing

of claims for veterans benefits.

Sec. 102. Expansion of list of diseases presumed to be service-connected for radiation-exposed veterans.

Sec. 103. Special monthly compensation for female veterans who lose a breast as

a result of a service-connected disability.

Subtitle B—Education Matters

Sec. 111. Making uniform the requirement for high school diploma or equivalency

before application for Montgomery GI Bill benefits.

Sec. 112. Repeal of requirement for initial obligated period of active duty as condition of eligibility for Montgomery GI Bill benefits.

Sec. 113. Availability under survivors’ and dependents’ educational assistance of

preparatory courses for college and graduate school entrance

exams.
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Sec. 114. Election of certain recipients of commencement of period of eligibility

for survivors’ and dependents’ educational assistance.

Sec. 115. Adjusted effective date for award of survivors’ and dependents’ educational assistance.

Subtitle C—Housing Matters

Sec. 121. Elimination of reduction in assistance for specially adapted housing for

disabled veterans for veterans having joint ownership of housing

units.

Sec. 122. Increase in maximum amount of housing loan guarantee.

Sec. 123. Termination of collection of loan fees from veterans rated eligible for

compensation at pre-discharge rating examinations.

Subtitle D—Insurance Matters

Sec. 131. Premiums for term service disabled veterans’ insurance for veterans

older than age 70.

Sec. 132. Increase in automatic maximum coverage under Servicemembers’ Group

Life Insurance and Veterans’ Group Life Insurance.

Sec. 133. Family coverage under Servicemembers’ Group Life Insurance.

Subtitle E—Burial Matters

Sec. 141. Eligibility for interment in the national cemeteries of certain Filipino

veterans of World War II.

Subtitle F—Employment Matters

Sec. 151. Veterans employment emphasis under Federal contracts for recently separated veterans.

Sec. 152. Comptroller General audit of veterans employment and training service

of the Department of Labor.

Subtitle G—Benefits for Children of Female Vietnam Veterans

Sec. 161. Short title.

Sec. 162. Benefits for the children of female Vietnam veterans who suffer from certain birth defects.

Subtitle H—Other Benefits Matters

Sec. 171. Review of dose reconstruction program of the Defense Threat Reduction

Agency.

TITLE II—HEALTH CARE MATTERS

Sec. 201. Veterans not subject to copayments for medications.

Sec. 202. Establishment of position of Advisor on Physician Assistants within Office of Undersecretary for Health.

Sec. 203. Temporary full-time appointments of certain medical personnel.

TITLE III—CONSTRUCTION AND FACILITIES MATTERS

Subtitle A—Construction Matters

Sec. 301. Authorization of major medical facility projects for fiscal year 2001.

Sec. 302. Authorization of additional major medical facility project for fiscal

year 2000.
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Sec. 303. Authorization of appropriations.

Subtitle B—Other Matters

Sec. 311. Maximum term of lease of Department of Veterans Affairs property for

homeless purposes.

Sec. 312. Land conveyance, Miles City Veterans Administration Medical Complex, Miles City, Montana.

Sec. 313. Conveyance of Ft. Lyon Department of Veterans Affairs Medical Center,

Colorado, to the State of Colorado.

Sec. 314. Effect of closure of Ft. Lyon Department of Veterans Affairs Medical

Center on administration of health care for veterans.

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 of

4 an amendment to, or repeal of, a section or other provision,

5 the reference shall be considered to be made to a section or

6 other provision of title 38, United States Code.

7 TITLE I—BENEFITS MATTERS

8 Subtitle A—Compensation and

9 Pension Matters

10 SEC. 101. CLARIFICATION AND ENHANCEMENT OF AU11 THORITIES RELATING TO THE PROCESSING

12 OF CLAIMS FOR VETERANS BENEFITS.

13 (a) DEFINITION OF CLAIMANT.—Chapter 51 is

14 amended—

15 (1) by redesignating section 5101 as section

16 5101A; and

17 (2) by inserting before section 5101A, as so re18 designated, the following new section:
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1 ‘‘§ 5101. Definition of ‘claimant’

2 ‘‘For purposes of this chapter, the term ‘claimant’

3 means any individual who submits a claim for benefits

4 under the laws administered by the Secretary.’’.

5 (b) INCOMPLETE APPLICATIONS.—Section 5103(a) is

6 amended by striking ‘‘evidence’’ both places it appears and

7 inserting ‘‘information’’.

8 (c) REAFFIRMATION AND CLARIFICATION OF DUTY TO

9 ASSIST.—Chapter 51 is further amended by inserting after

10 section 5103 the following new section:

11 ‘‘§ 5103A. Assistance to claimants

12 ‘‘(a) Except as provided in subsection (b), the Sec13 retary shall make reasonable efforts to assist in the develop14 ment of information and medical or lay evidence necessary

15 to establish the eligibility of a claimant for benefits under

16 the laws administered by the Secretary.

17 ‘‘(b) The Secretary is not required to provide assist18 ance to a claimant under subsection (a) if no reasonable

19 possibility exists, as determined in accordance with regula20 tions prescribed under subsection (f), that such assistance

21 would aid in the establishment of the eligibility of the

22 claimant for benefits under the laws administered by the

23 Secretary.

24 ‘‘(c) In any claim for benefits under the laws adminis25 tered by the Secretary, the assistance provided by the Sec26 retary under subsection (a) shall include the following:
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1 ‘‘(1) Informing the claimant and the claimant’s

2 representative, if any, of the information and medical

3 or lay evidence needed in order to aid in the estab4 lishment of the eligibility of the claimant for benefits

5 under the laws administered by the Secretary.

6 ‘‘(2) Informing the claimant and the claimant’s

7 representative, if any, if the Secretary is unable to ob8 tain any information or medical or lay evidence de9 scribed in paragraph (1).

10 ‘‘(d)(1) In any claim for disability compensation

11 under chapter 11 of this title, the assistance provided by

12 the Secretary under subsection (a) shall include, in addition

13 to the assistance provided under subsection (c), the fol14 lowing:

15 ‘‘(A) Obtaining the relevant service and medical

16 records maintained by applicable governmental enti17 ties that pertain to the veteran for the period or peri18 ods of the veteran’s service in the active military,

19 naval, or air service.

20 ‘‘(B) Obtaining existing records of relevant med21 ical treatment or examination provided at Depart22 ment health-care facilities or at the expense of the De23 partment, but only if the claimant has furnished in24 formation sufficient to locate such records.
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1 ‘‘(C) Obtaining from governmental entities any

2 other relevant records the claimant adequately identi3 fies and authorizes the Secretary to obtain.

4 ‘‘(D) Making reasonable efforts to obtain from

5 private persons and entities any other relevant

6 records the claimant adequately identifies and author7 izes the Secretary to obtain.

8 ‘‘(E) Providing a medical examination needed

9 for the purpose of determining the existence of a cur10 rent disability if the claimant submits verifiable evi11 dence, as determined in accordance with the regula12 tions prescribed under subsection (f), establishing that

13 the claimant is unable to afford medical treatment.

14 ‘‘(F) Providing such other assistance as the Sec15 retary considers appropriate.

16 ‘‘(2) The efforts made to obtain records under subpara17 graphs (A), (B), and (C) of paragraph (1) shall continue

18 until it is reasonably certain, as determined in accordance

19 with the regulations prescribed under subsection (f), that

20 such records do not exist.

21 ‘‘(e) If while obtaining or after obtaining information

22 or lay or medical evidence under subsection (d) the Sec23 retary determines that a medical examination or a medical

24 opinion is necessary to substantiate entitlement to a benefit,
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1 the Secretary shall provide such medical examination or ob2 tain such medical opinion.

3 ‘‘(f) The Secretary shall prescribe regulations for pur4 poses of the administration of this section.’’.

5 (d) COST OF OTHER AGENCIES IN FURNISHING INFOR6 MATION.—Section 5106 is amended by adding at the end

7 the following new sentence: ‘‘The cost of providing such in8 formation shall be borne by the department or agency pro9 viding such information.’’.

10 (e) REPEAL OF ‘‘WELL-GROUNDED CLAIM’’ RULE.—

11 Section 5107 is amended to read as follows:

12 ‘‘§ 5107. Burden of proof; benefit of the doubt

13 ‘‘(a) Except when otherwise provided by this title or

14 by the Secretary in accordance with the provisions of this

15 title, a claimant shall have the burden of proof in estab16 lishing entitlement to benefits under the laws administered

17 by the Secretary.

18 ‘‘(b) The Secretary shall consider all information and

19 lay and medical evidence of record in a case before the De20 partment with respect to benefits under laws administered

21 by the Secretary, and shall give the claimant the benefit

22 of the doubt when there is an approximate balance of posi23 tive and negative evidence regarding an issue material to

24 the determination of the matter.’’.
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1 (f) APPLICABILITY OF ENHANCED AUTHORITIES.—(1)

2 Except as specifically provided otherwise, section 5103A of

3 title 38, United States Code (as added by subsection (c)),

4 and section 5107 of title 38, United States Code (as amend5 ed by subsection (e)), shall apply to any claim pending on

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

7 (2)(A) In the case of a claim for benefits described in

8 subparagraph (B), the Secretary of Veterans Affairs shall,

9 upon the request of the claimant, or upon the Secretary’s

10 motion, order such claim readjudicated in accordance with

11 section 5103A of title 38, United States Code (as so added),

12 and section 5107 of title 38, United States Code (as so

13 amended), as if the denial or dismissal of such claim as

14 described in that subparagraph had not been made.

15 (B) A claim for benefits described in this subpara16 graph is any claim for benefits—

17 (i) the denial of which became final during the

18 period beginning on July 14, 1999, and ending on the

19 date of the enactment of this Act; and

20 (ii) which was denied or dismissed because the

21 claim was not well grounded (as that term was used

22 in section 5107(a) of title 38, United States Code,

23 during the period referred to in clause (i)).

24 (3) No claim shall be readjudicated under paragraph

25 (2) unless the request for readjudication is filed, or the mo-
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1 tion made, not later than two years after the date of the

2 enactment of this Act.

3 (4) In the absence of a timely request of a claimant

4 under paragraph (3), nothing in this subsection shall be

5 construed as establishing a duty on the part of the Secretary

6 to locate and readjudicate a claim described in paragraph

7 (2)(B).

8 (g) CLERICAL AMENDMENTS.—The table of sections at

9 the beginning of chapter 51 is amended—

10 (1) by striking the item relating to section 5101

11 and inserting the following new items:

‘‘5101. Definition of ‘claimant’.

‘‘5101A. Claims and forms.’’; and

12 (2) by inserting after the item relating to section

13 5103 the following new item:

‘‘5103A. Assistance to claimants.’’.

14 SEC. 102. EXPANSION OF LIST OF DISEASES PRESUMED TO

15 BE SERVICE-CONNECTED FOR RADIATION-EX16 POSED VETERANS.

17 Section 1112(c)(2) is amended by adding at the end

18 the following:

19 ‘‘(P) Lung cancer.

20 ‘‘(Q) Colon cancer.

21 ‘‘(R) Tumors of the brain and central nervous

22 system.

23 ‘‘(S) Ovarian cancer.’’.
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1 SEC. 103. SPECIAL MONTHLY COMPENSATION FOR FEMALE

2 VETERANS WHO LOSE A BREAST AS A RESULT

3 OF A SERVICE-CONNECTED DISABILITY.

4 (a) IN GENERAL.—Section 1114(k) is amended—

5 (1) by striking ‘‘or has suffered’’ and inserting

6 ‘‘has suffered’’; and

7 (2) by inserting after ‘‘air and bone conduction,’’

8 the following: ‘‘or, in the case of a female veteran, has

9 suffered the anatomical loss of one or both breasts (in10 cluding loss by mastectomy),’’.

11 (b) EFFECTIVE DATE.—(1) The amendments made by

12 subsection (a) shall take effect on the date of the enactment

13 of this Act, and shall apply with respect to payment of com14 pensation under section 1114(k) of title 38, United States

15 Code (as so amended), for months beginning on or after that

16 date.

17 (2) No compensation may be paid for any period be18 fore the date of the enactment of this Act by reason of the

19 amendments made by subsection (a).

20 Subtitle B—Education Matters

21 SEC. 111. MAKING UNIFORM THE REQUIREMENT FOR HIGH

22 SCHOOL DIPLOMA OR EQUIVALENCY BEFORE

23 APPLICATION FOR MONTGOMERY GI BILL

24 BENEFITS.

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

26 amended—
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1 (A) in subsection (a), by striking paragraph (2)

2 and inserting the following new paragraph (2):

3 ‘‘(2) who completes the requirements of a sec4 ondary school diploma (or equivalency certificate), or

5 successfully completes (or otherwise receives academic

6 credit for) the equivalent of 12 semester hours in a

7 program of education leading to a standard college

8 degree, before applying for benefits under this section;

9 and’’;

10 (B) by striking subsection (e); and

11 (C) by redesignating subsections (f), (g), (h), and

12 (i) as subsections (e), (f), (g), and (h), respectively.

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

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

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

16 amended—

17 (1) in subsection (a), by striking paragraph (2)

18 and inserting the following new paragraph (2):

19 ‘‘(2) who completes the requirements of a sec20 ondary school diploma (or equivalency certificate), or

21 successfully completes (or otherwise receives academic

22 credit for) the equivalent of 12 semester hours in a

23 program of education leading to a standard college

24 degree, before applying for benefits under this section;

25 and’’;
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1 (2) by striking subsection (f); and

2 (3) by redesignating subsection (g) as subsection

3 (f).

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

5 Section 3018(b)(4) is amended to read as follows:

6 ‘‘(4) before applying for benefits under this

7 section—

8 ‘‘(A) completes the requirements of a sec9 ondary school diploma (or equivalency certifi10 cate); or

11 ‘‘(B) successfully completes (or otherwise re12 ceives academic credit for) the equivalent of 12

13 semester hours in a program of education lead14 ing to a standard college degree; and’’.

15 (d) EDUCATIONAL ASSISTANCE PROGRAM FOR MEM16 BERS OF THE SELECTED RESERVE.—Paragraph (2) of sec17 tion 16132(a) of title 10, United States Code, is amended

18 to read as follows:

19 ‘‘(2) before applying for benefits under this sec20 tion, has completed the requirements of a secondary

21 school diploma (or an equivalency certificate);’’.
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1 SEC. 112. REPEAL OF REQUIREMENT FOR INITIAL OBLI2 GATED PERIOD OF ACTIVE DUTY AS CONDI3 TION OF ELIGIBILITY FOR MONTGOMERY GI

4 BILL BENEFITS.

5 (a) ACTIVE DUTY PROGRAM.—Section 3011, as

6 amended by section 111 of this Act, is further amended—

7 (1) in subsection (a)(1)(A)—

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

9 following new clause (i):

10 ‘‘(i) who serves an obligated period of

11 active duty of at least two years of contin12 uous active duty in the Armed Forces; or’’;

13 and

14 (B) in clause (ii)(II), by striking ‘‘in the

15 case of an individual who completed not less

16 than 20 months’’ and all that follows through

17 ‘‘was at least three years’’ and inserting ‘‘if, in

18 the case of an individual with an obligated pe19 riod of service of two years, the individual com20 pletes not less than 20 months of continuous ac21 tive duty under that period of obligated service,

22 or, in the case of an individual with an obli23 gated period of service of three years, the indi24 vidual completes not less than 30 months of con25 tinuous active duty under that period of obli26 gated service’’;
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1 (2) in subsection (d)(1), by striking ‘‘individ2 ual’s initial obligated period of active duty’’ and in3 serting ‘‘obligated period of active duty on which an

4 individual’s entitlement to assistance under this sec5 tion is based’’;

6 (3) in subsection (g)(2)(A), as redesignated by

7 section 111(a)(1)(C) of this Act, by striking ‘‘during

8 an initial period of active duty,’’ and inserting ‘‘dur9 ing the obligated period of active duty on which enti10 tlement to assistance under this section is based,’’;

11 and

12 (4) in subsection (h), as so redesignated, by

13 striking ‘‘initial’’.

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

15 amended—

16 (1) in subsection (a)(1)(A)(i), by striking ‘‘, as

17 the individual’s’’ and all that follows through ‘‘Armed

18 Forces’’ and inserting ‘‘an obligated period of active

19 duty of at least two years of continuous active duty

20 in the Armed Forces’’; and

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

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

23 amended—

24 (1) in subsection (a)(2), by striking ‘‘individ25 ual’s initial obligated period of active duty’’ and in-
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1 serting ‘‘obligated period of active duty on which such

2 entitlement is based’’; and

3 (2) in subsection (b)(1), by striking ‘‘individual’s

4 initial obligated period of active duty’’ and inserting

5 ‘‘obligated period of active duty on which such entitle6 ment is based’’.

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

8 amended—

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

10 inserting before ‘‘a basic educational assistance allow11 ance’’ the following: ‘‘in the case of an individual en12 titled to an educational assistance allowance under

13 this chapter whose obligated period of active duty on

14 which such entitlement is based is three years,’’;

15 (2) in subsection (b), by striking ‘‘and whose ini16 tial obligated period of active duty is two years,’’ and

17 inserting ‘‘whose obligated period of active duty on

18 which such entitlement is based is two years,’’; and

19 (3) in subsection (c)(2), by striking subpara20 graphs (A) and (B) and inserting the following new

21 subparagraphs (A) and (B):

22 ‘‘(A) whose obligated period of active duty on

23 which such entitlement is based is less than three

24 years;
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1 ‘‘(B) who, beginning on the date of the com2 mencement of such obligated period of active duty,

3 serves a continuous period of active duty of not less

4 than three years; and’’.

5 SEC. 113. AVAILABILITY UNDER SURVIVORS’ AND DEPEND6 ENTS’ EDUCATIONAL ASSISTANCE OF PRE7 PARATORY COURSES FOR COLLEGE AND

8 GRADUATE SCHOOL ENTRANCE EXAMS.

9 Paragraph (5) of section 3501(a) is amended by add10 ing at the end the following new sentence: ‘‘The term also

11 includes any preparatory course described in section

12 3002(3)(B) of this title.’’.

13 SEC. 114. ELECTION OF CERTAIN RECIPIENTS OF COM14 MENCEMENT OF PERIOD OF ELIGIBILITY FOR

15 SURVIVORS’ AND DEPENDENTS’ EDU16 CATIONAL ASSISTANCE.

17 Section 3512(a)(3) is amended by striking ‘‘8 years

18 after,’’ and all that follows through the end and inserting

19 ‘‘8 years after the date elected by the person (if such election

20 is approved as the beginning date of such period by the Sec21 retary and is made during the period between such birth22 days) which beginning date—

23 ‘‘(A) in the case of a person whose eligi24 bility is based on a parent who has a service25 connected total disability permanent in nature,
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1 shall be between the dates described in subsection

2 (d) of this section; and

3 ‘‘(B) in the case of a person whose eligi4 bility is based on the death of a parent, shall be

5 between—

6 ‘‘(i) the date of the parent’s death; and

7 ‘‘(ii) the date of the Secretary’s deci8 sion that the death was service-connected;’’.

9 SEC. 115. ADJUSTED EFFECTIVE DATE FOR AWARD OF SUR10 VIVORS’ AND DEPENDENTS’ EDUCATIONAL

11 ASSISTANCE.

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

13 (1) in subsection (a), by striking ‘‘subsection (b)

14 of this section,’’ and inserting ‘‘subsections (b) and

15 (c),’’;

16 (2) by redesignating subsection (b) as subsection

17 (c); and

18 (3) by inserting after subsection (a) the following

19 new subsection (b):

20 ‘‘(b)(1) In determining the effective date of an award

21 of educational assistance under chapter 35 of this title for

22 an individual described in paragraph (2) based on an origi23 nal claim, the Secretary shall consider the individual’s ap24 plication under section 3513 of this title as having been

25 filed on the effective date from which the Secretary, by rat-
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1 ing decision, determines that the veteran from whom eligi2 bility for such educational assistance is derived either died

3 of a service-connected disability or established the existence

4 of a total service-connected disability evaluated as perma5 nent in nature if that effective date is more than one year

6 before the date the rating decision is made.

7 ‘‘(2) An individual referred to in paragraph (1) is a

8 person eligible for educational assistance under chapter 35

9 of this title by reason of subparagraph (A)(i), (A)(ii), (B),

10 or (D) of section 3501(a)(1) of this title who—

11 ‘‘(A) submits to the Secretary an original appli12 cation under section 3513 of this title for educational

13 assistance under that chapter within one year after

14 the date that the Secretary issues the rating decision

15 on which the individual’s eligibility for such edu16 cational assistance is based;

17 ‘‘(B) claims such educational assistance for pur18 suit of an approved program of education during a

19 period or periods preceding the one-year period end20 ing on the date on which the individual’s application

21 under that section is received by the Secretary; and

22 ‘‘(C) would, without regard to this subsection,

23 have been entitled to such educational assistance for

24 pursuit of such approved program of education if the

25 individual had submitted such application on the ef-
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1 fective date from which the Secretary determined that

2 the individual was eligible for such educational assist3 ance.’’.

4 (b) STYLISTIC AMENDMENT.—Subsection (c) of that

5 section, as redesignated by subsection (a)(2) of this section,

6 is amended by striking ‘‘of this section’’.

7 (c) APPLICABILITY.—The amendments made by this

8 section shall take effect on the date of the enactment of this

9 Act, and shall apply with respect to applications first made

10 under section 3513 of title 38, United States Code, that—

11 (1) are received by the Secretary of Veterans Af12 fairs on or after the date of the enactment of this Act;

13 or

14 (2) as of that date are pending with the Sec15 retary or exhaustion of available administrative and

16 judicial remedies.

17 Subtitle C—Housing Matters

18 SEC. 121. ELIMINATION OF REDUCTION IN ASSISTANCE FOR

19 SPECIALLY ADAPTED HOUSING FOR DIS20 ABLED VETERANS FOR VETERANS HAVING

21 JOINT OWNERSHIP OF HOUSING UNITS.

22 Section 2102 is amended by adding at the end the fol23 lowing new subsection:

24 ‘‘(c) The amount of assistance afforded under sub25 section (a) for a veteran authorized assistance by section
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1 2101(a) of this title shall not be reduced by reason that title

2 to the housing unit, which is vested in the veteran, is also

3 vested in any other person, if the veteran resides in the

4 housing unit.’’.

5 SEC. 122. INCREASE IN MAXIMUM AMOUNT OF HOUSING

6 LOAN GUARANTEE.

7 (a) IN GENERAL.—Subparagraph (A)(i)(IV) of section

8 3703(a)(1) is amended by striking ‘‘$50,750’’ and inserting

9 ‘‘$63,175’’.

10 (b) CONFORMING AMENDMENT.—Subparagraph (B) of

11 that section is amended by striking ‘‘$50,750’’ and inserting

12 ‘‘$63,175’’.

13 SEC. 123. TERMINATION OF COLLECTION OF LOAN FEES

14 FROM VETERANS RATED ELIGIBLE FOR COM15 PENSATION AT PRE-DISCHARGE RATING EX16 AMINATIONS.

17 Section 3729(c) is amended—

18 (1) by inserting ‘‘(1)’’ before ‘‘A fee’’; and

19 (2) by adding at the end the following new para20 graph:

21 ‘‘(2) A veteran who is rated eligible to receive com22 pensation as a result of a pre-discharge disability examina23 tion and rating shall be treated as receiving compensation

24 for purposes of this subsection as of the date on which the

25 veteran is rated eligible to receive compensation as a result
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1 of the pre-discharge disability examination and rating

2 without regard to whether an effective date of the award

3 of compensation is established as of that date.’’.

4 Subtitle D—Insurance Matters

5 SEC. 131. PREMIUMS FOR TERM SERVICE DISABLED VET6 ERANS’ INSURANCE FOR VETERANS OLDER

7 THAN AGE 70.

8 Section 1922 is amended by adding at the end the fol9 lowing new subsection:

10 ‘‘(c) The premium rate of any term insurance issued

11 under this section shall not exceed the renewal age 70 pre12 mium rate.’’.

13 SEC. 132. INCREASE IN AUTOMATIC MAXIMUM COVERAGE

14 UNDER SERVICEMEMBERS’ GROUP LIFE IN15 SURANCE AND VETERANS’ GROUP LIFE IN16 SURANCE.

17 (a) MAXIMUM UNDER SERVICEMEMBERS’ GROUP LIFE

18 INSURANCE.—Section 1967 is amended in subsections (a),

19 (c), and (d) by striking ‘‘$200,000’’ each place it appears

20 and inserting ‘‘$250,000’’.

21 (b) MAXIMUM UNDER VETERANS’ GROUP LIFE INSUR22 ANCE.—Section 1977(a) is amended by striking ‘‘$200,000’’

23 each place it appears and inserting ‘‘$250,000’’.

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

25 section shall take effect on the first day of the first month
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1 that begins more than 120 days after the date of the enact2 ment of this Act.

3 SEC. 133. FAMILY COVERAGE UNDER SERVICEMEMBERS’

4 GROUP LIFE INSURANCE.

5 (a) INSURABLE DEPENDENTS.—Section 1965 is

6 amended by adding at the end the following:

7 ‘‘(10) The term ‘insurable dependent’, with re8 spect to a member, means the following:

9 ‘‘(A) The member’s spouse.

10 ‘‘(B) A child of the member for so long as

11 the child is unmarried and the member is pro12 viding over 50 percent of the support of the

13 child.’’.

14 (b) INSURANCE COVERAGE.—(1) Subchapter III of

15 chapter 19 is amended by inserting after section 1967 the

16 following new section:

17 ‘‘§ 1967A. Insurance of dependents

18 ‘‘(a) Subject to the provisions of this section, any pol19 icy of insurance purchased by the Secretary under section

20 1966 of this title shall also automatically insure against

21 death each insurable dependent of a member.

22 ‘‘(b)(1) A member insurable under this subchapter may

23 make an election not to insure a spouse under this sub24 chapter.
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1 ‘‘(2) Except as provided in subsection (c)(3), a spouse

2 covered by an election under paragraph (1) is not insured

3 under this section.

4 ‘‘(3) Except as otherwise provided under this section,

5 no insurable dependent of a member is insured under this

6 section unless the member is insured under this subchapter.

7 ‘‘(c)(1) Subject to an election under paragraph (2), the

8 amount for which a person insured under this section is

9 insured under this subchapter is as follows:

10 ‘‘(A) In the case of a member’s spouse, the lesser

11 of—

12 ‘‘(i) the amount for which the member is in13 sured under this subchapter; or

14 ‘‘(ii) $50,000.

15 ‘‘(B) In the case of a member’s child, $5,000.

16 ‘‘(2) A member may elect in writing to insure the

17 member’s spouse in an amount less than the amount pro18 vided for under paragraph (1)(A). The amount of insurance

19 so elected shall be evenly divisible by $10,000.

20 ‘‘(3) If a spouse eligible for insurance under this sec21 tion is not so insured, or is insured for less than the max22 imum amount provided for under subparagraph (A) of

23 paragraph (1) by reason of an election made by the member

24 concerned under paragraph (2), the spouse may thereafter

25 be insured under this section in the maximum amount or
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1 any lesser amount elected as provided for in paragraph (2)

2 upon written application by the member, proof of good

3 health of the spouse, and compliance with such other terms

4 and conditions as may be prescribed by the Secretary.

5 ‘‘(d)(1) Insurance coverage under this section with re6 spect to an insurable dependent of the member shall cease—

7 ‘‘(A) upon election made in writing by the mem8 ber to terminate the coverage; or

9 ‘‘(B) the date that is 120 days after the earlier

10 of—

11 ‘‘(i) the date of the member’s death;

12 ‘‘(ii) the date of termination of the insur13 ance on the member under this subchapter; or

14 ‘‘(iii) the date on which the insurable de15 pendent of the member no longer meets the cri16 teria applicable to an insurable dependent as

17 specified in section 1965(10) of this title.

18 ‘‘(2)(A) At the election of an insured spouse whose in19 surance under this subchapter is terminated under para20 graph (1), the insurance shall be converted to an individual

21 policy of insurance upon written application for conversion

22 made to the participating company selected by the insured

23 spouse and the payment of the required premiums.

24 ‘‘(B) The individual policy of insurance of an insured

25 spouse making an election under subparagraph (A) shall
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1 become effective on the date of the termination of the

2 spouse’s insurance under paragraph (1).

3 ‘‘(C) The second, fourth, and fifth sentences of section

4 1977(e) of this title shall apply with respect to the insur5 ance of an insured spouse under this paragraph.

6 ‘‘(e)(1) During any period in which the spouse of a

7 member is insured under this section, there shall be de8 ducted each month from the member’s basic or other pay,

9 or otherwise collected from the member, until the member’s

10 separation or release from active duty an amount deter11 mined by the Secretary (which shall be the same for all such

12 members) as the premium allocable to the pay period for

13 providing that insurance coverage.

14 ‘‘(2)(A) The Secretary shall determine the premium

15 amounts to be charged for insurance coverage for spouses

16 of members under this section.

17 ‘‘(B) The premium amounts shall be determined on the

18 basis of sound actuarial principles and shall include an

19 amount necessary to cover the administrative costs to the

20 insurer or insurers providing such insurance.

21 ‘‘(C) Each premium rate for the first policy year shall

22 be continued for subsequent policy years, except that the

23 rate may be adjusted for any such subsequent policy year

24 on the basis of the experience under the policy, as deter25 mined by the Secretary in advance of that policy year.
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1 ‘‘(3) Any amounts deducted or collected under para2 graph (1), together with the income derived from any divi3 dends or premium rate adjustments received from insurers

4 with respect to insurance under this section, shall be depos5 ited to the credit of the revolving fund established by section

6 1969(d) of this title, and shall be available for payment and

7 use in accordance with the provisions of that section.

8 ‘‘(f) Any amount of insurance in force on an insurable

9 dependent of a member under this section on the date of

10 the dependent’s death shall be paid, upon the establishment

11 of a valid claim therefor, to the member or, in the event

12 of the member’s death before payment to the member can

13 be made, then to the person or persons entitled to receive

14 payment of the proceeds of insurance on the member’ life

15 under section 1970 of this title.’’.

16 (2) The table of sections at the beginning of such chap17 ter is amended by inserting after the item relating to section

18 1967 the following new item:

‘‘1967A. Insurance of dependents.’’.

19 (c) EFFECTIVE DATE AND INITIAL IMPLEMENTA20 TION.—(1) This section and the amendments made by this

21 section shall take effect on the first day of the first month

22 that begins more than 120 days after the date of the enact23 ment of this Act, except that paragraph (2) shall take effect

24 on the date of the enactment of this Act.
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1 (2) The Secretary of Veterans Affairs, in consultation

2 with the Secretaries of the military departments, the Sec3 retary of Transportation, the Secretary of Commerce, and

4 the Secretary of Health and Human Services, shall take

5 such action as is necessary to ensure that each member of

6 the uniformed services on active duty (other than active

7 duty for training) during the period between the date of

8 the enactment of this Act and the effective date under para9 graph (1) is furnished an explanation of the insurance bene10 fits available for dependents under the amendments made

11 by this section and is afforded an opportunity before such

12 effective date to make elections that are authorized under

13 those amendments to be made with respect to dependents.

14 Subtitle E—Burial Matters

15 SEC. 141. ELIGIBILITY FOR INTERMENT IN THE NATIONAL

16 CEMETERIES OF CERTAIN FILIPINO VET17 ERANS OF WORLD WAR II.

18 (a) ELIGIBILITY OF CERTAIN COMMONWEALTH ARMY

19 VETERANS.—Section 2402 is amended by adding at the end

20 the following new paragraph:

21 ‘‘(8) Any individual whose service is described in

22 section 107(a) of this title if such individual at the

23 time of death—

24 ‘‘(A) was a naturalized citizen of the United

25 States; and
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1 ‘‘(B) resided in the United States.’’.

2 (b) CONFORMING AMENDMENT.—Section 107(a)(3) is

3 amended by striking the period at the end and inserting

4 the following: ‘‘, and chapter 24 of this title to the extent

5 provided for in section 2402(8) of this title.’’.

6 (c) APPLICABILITY.—The amendments made by this

7 section shall take effect on the date of the enactment of this

8 Act, and shall apply with respect to deaths occurring on

9 or after that date.

10 Subtitle F—Employment Matters

11 SEC. 151. VETERANS EMPLOYMENT EMPHASIS UNDER FED12 ERAL CONTRACTS FOR RECENTLY SEPA13 RATED VETERANS.

14 (a) EMPLOYMENT EMPHASIS.—Subsection (a) of sec15 tion 4212 is amended in the first sentence by inserting ‘‘re16 cently separated veterans,’’ after ‘‘veterans of the Vietnam

17 era,’’.

18 (b) CONFORMING AMENDMENTS.—Subsection (d)(1) of

19 that section is amended by inserting ‘‘recently separated

20 veterans,’’ after ‘‘veterans of the Vietnam era,’’ each place

21 it appears in subparagraphs (A) and (B).

22 (c) RECENTLY SEPARATED VETERAN DEFINED.—Sec23 tion 4211 is amended by adding at the end the following

24 new paragraph:
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1 ‘‘(6) The term ‘recently separated veteran’ means any

2 veteran during the one-year period beginning on the date

3 of such veteran’s discharge or release from active duty.’’.

4 SEC. 152. COMPTROLLER GENERAL AUDIT OF VETERANS

5 EMPLOYMENT AND TRAINING SERVICE OF

6 THE DEPARTMENT OF LABOR.

7 (a) REQUIREMENT.—The Comptroller General of the

8 United States shall carry out a comprehensive audit of the

9 Veterans Employment and Training Service of the Depart10 ment of Labor. The purpose of the audit is to provide a

11 basis for future evaluations of the effectiveness of the Service

12 is meeting its mission.

13 (b) COMMENCEMENT DATE.—The audit required by

14 subsection (a) shall commence not earlier than January 1,

15 2001.

16 (c) ELEMENTS.—In carrying out the audit of the Vet17 erans Employment and Training Service required by sub18 section (a), the Comptroller General shall—

19 (1) review the requirements applicable to the

20 Service under law, including requirements under title

21 38, United States Code, and the regulations there22 under;

23 (2) evaluate the organizational structure of the

24 Service; and
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1 (3) evaluate or assess any other matter relating

2 to the Service that the Comptroller General considers

3 appropriate for the purpose specified in subsection

4 (a).

5 (d) REPORT.—Not later than one year after the date

6 of the enactment of this Act, the Comptroller General shall

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

8 and House of Representatives a report on the audit carried

9 out under subsection (a). The report shall include—

10 (1) the results of the audit; and

11 (2) any recommendations that the Comptroller

12 General considers appropriate regarding the organi13 zation or functions of the Veterans Employment and

14 Training Service of the Department of Labor.

15 Subtitle G—Benefits for Children of

16 Female Vietnam Veterans

17 SEC. 161. SHORT TITLE.

18 This subtitle may be cited as the ‘‘Children of Women

19 Vietnam Veterans’ Benefits Act of 2000’’.

20 SEC. 162. BENEFITS FOR THE CHILDREN OF FEMALE VIET21 NAM VETERANS WHO SUFFER FROM CERTAIN

22 BIRTH DEFECTS.

23 (a) IN GENERAL.—Chapter 18 is amended by adding

24 at the end the following new subchapter:
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1 ‘‘SUBCHAPTER II—CHILDREN OF FEMALE VIET2 NAM VETERANS BORN WITH CERTAIN BIRTH

3 DEFECTS

4 ‘‘§ 1811. Definitions

5 ‘‘In this subchapter:

6 ‘‘(1) The term ‘child’, with respect to a female

7 Vietnam veteran, means a natural child of the female

8 Vietnam veteran, regardless of age or marital status,

9 who was conceived after the date on which the female

10 Vietnam veteran first entered the Republic of Vietnam

11 during the Vietnam era (as specified in section

12 101(29)(A) of this title).

13 ‘‘(2) The term ‘covered birth defect’ means each

14 birth defect identified by the Secretary under section

15 1812 of this title.

16 ‘‘(3) The term ‘female Vietnam veteran’ means

17 any female individual who performed active military,

18 naval, or air service in the Republic of Vietnam dur19 ing the Vietnam era (as so specified), without regard

20 to the characterization of the individual’s service.

21 ‘‘§ 1812. Birth defects covered

22 ‘‘(a) IDENTIFICATION.—Subject to subsection (b), the

23 Secretary shall identify the birth defects of children of fe24 male Vietnam veterans that—
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1 ‘‘(1) are associated with the service of female

2 Vietnam veterans in the Republic of Vietnam during

3 the Vietnam era (as specified in section 101(29)(A) of

4 this title); and

5 ‘‘(2) result in the permanent physical or mental

6 disability of such children.

7 ‘‘(b) LIMITATIONS.—(1) The birth defects identified

8 under subsection (a) may not include birth defects resulting

9 from the following:

10 ‘‘(A) A familial disorder.

11 ‘‘(B) A birth-related injury.

12 ‘‘(C) A fetal or neonatal infirmity with well-es13 tablished causes.

14 ‘‘(2) The birth defects identified under subsection (a)

15 may not include spina bifida.

16 ‘‘(c) LIST.—The Secretary shall prescribe in regula17 tions a list of the birth defects identified under subsection

18 (a).

19 ‘‘§ 1813. Benefits and assistance

20 ‘‘(a) HEALTH CARE.—(1) The Secretary shall provide

21 a child of a female Vietnam veteran who was born with

22 a covered birth defect such health care as the Secretary de23 termines is needed by the child for such birth defect or any

24 disability that is associated with such birth defect.
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1 ‘‘(2) The Secretary may provide health care under this

2 subsection directly or by contract or other arrangement with

3 a health care provider.

4 ‘‘(3) For purposes of this subsection, the definitions in

5 section 1803(c) of this title shall apply with respect to the

6 provision of health care under this subsection, except that

7 for such purposes—

8 ‘‘(A) the reference to ‘specialized spina bifida

9 clinic’ in paragraph (2) of such section 1803(c) shall

10 be treated as a reference to a specialized clinic treat11 ing the birth defect concerned under this subsection;

12 and

13 ‘‘(B) the reference to ‘vocational training under

14 section 1804 of this title’ in paragraph (8) of such

15 section 1803(c) shall be treated as a reference to voca16 tional training under subsection (b).

17 ‘‘(b) VOCATIONAL TRAINING.—(1) The Secretary may

18 provide a program of vocational training to a child of a

19 female Vietnam veteran who was born with a covered birth

20 defect if the Secretary determines that the achievement of

21 a vocational goal by the child is reasonably feasible.

22 ‘‘(2) Subsections (b) through (e) of section 1804 of this

23 title shall apply with respect to any program of vocational

24 training provided under paragraph (1).
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1 ‘‘(c) MONETARY ALLOWANCE.—(1) The Secretary shall

2 pay a monthly allowance to any child of a female Vietnam

3 veteran who was born with a covered birth defect for any

4 disability resulting from such birth defect.

5 ‘‘(2) The amount of the monthly allowance paid under

6 this subsection shall be based on the degree of disability suf7 fered by the child concerned, as determined in accordance

8 with a schedule for rating disabilities resulting from covered

9 birth defects that is prescribed by the Secretary.

10 ‘‘(3) In prescribing a schedule for rating disabilities

11 under paragraph (2), the Secretary shall establish four lev12 els of disability upon which the amount of the monthly al13 lowance under this subsection shall be based.

14 ‘‘(4) The amount of the monthly allowance paid under

15 this subsection shall be as follows:

16 ‘‘(A) In the case of a child suffering from the

17 lowest level of disability prescribed in the schedule for

18 rating disabilities under this subsection, $100.

19 ‘‘(B) In the case of a child suffering from the

20 lower intermediate level of disability prescribed in the

21 schedule for rating disabilities under this subsection,

22 the greater of—

23 ‘‘(i) $214; or

24 ‘‘(ii) the monthly amount payable under

25 section 1805(b)(3) of this title for the lowest level
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1 of disability prescribed for purposes of that sec2 tion.

3 ‘‘(C) In the case of a child suffering from the

4 higher intermediate level of disability prescribed in

5 the schedule for rating disabilities under this sub6 section, the greater of—

7 ‘‘(i) $743; or

8 ‘‘(ii) the monthly amount payable under

9 section 1805(b)(3) of this title for the inter10 mediate level of disability prescribed for purposes

11 of that section.

12 ‘‘(D) In the case of a child suffering from the

13 highest level of disability prescribed in the schedule

14 for rating disabilities under this subsection, the great15 er of—

16 ‘‘(i) $1,272; or

17 ‘‘(ii) the monthly amount payable under

18 section 1805(b)(3) of this title for the highest

19 level of disability prescribed for purposes of that

20 section.

21 ‘‘(5) Amounts under subparagraphs (A), (B)(i), (C)(i),

22 and (D)(i) of paragraph (4) shall be subject to adjustment

23 from time to time under section 5312 of this title.
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1 ‘‘(6) Subsections (c) and (d) of section 1805 of this title

2 shall apply with respect to any monthly allowance paid

3 under this subsection.

4 ‘‘(d) GENERAL LIMITATIONS ON AVAILABILITY OF

5 BENEFITS AND ASSISTANCE.—(1) No individual receiving

6 benefits or assistance under this section may receive any

7 benefits or assistance under subchapter I of this chapter.

8 ‘‘(2) In any case where affirmative evidence establishes

9 that the covered birth defect of a child results from a cause

10 other than the active military, naval, or air service in the

11 Republic of Vietnam of the female Vietnam veteran who is

12 the mother of the child, no benefits or assistance may be

13 provided the child under this section.

14 ‘‘(e) REGULATIONS.—The Secretary shall prescribe

15 regulations for purposes of the administration of the provi16 sions of this section.’’.

17 (b) ADMINISTRATIVE PROVISIONS.—Chapter 18 is fur18 ther amended by inserting after subchapter II, as added by

19 subsection (a) of this section, the following new subchapter:

20 ‘‘SUBCHAPTER III—ADMINISTRATIVE MATTERS

21 ‘‘§ 1821. Applicability of certain administrative provi22 sions

23 ‘‘The provisions of sections 5101(c), 5110(a), (b)(2),

24 (g), and (i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and

25 (b)(10) of this title shall apply with respect to benefits and
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1 assistance under this chapter in the same manner as such

2 provisions apply to veterans’ disability compensation.

3 ‘‘§ 1822. Treatment of receipt of monetary allowance

4 on other benefits

5 ‘‘(a) Notwithstanding any other provision of law, re6 ceipt by an individual of a monetary allowance under this

7 chapter shall not impair, infringe, or otherwise affect the

8 right of the individual to receive any other benefit to which

9 the individual is otherwise entitled under any law adminis10 tered by the Secretary.

11 ‘‘(b) Notwithstanding any other provision of law, re12 ceipt by an individual of a monetary allowance under this

13 chapter shall not impair, infringe, or otherwise affect the

14 right of any other individual to receive any benefit to which

15 such other individual is entitled under any law adminis16 tered by the Secretary based on the relationship of such

17 other individual to the individual who receives such mone18 tary allowance.

19 ‘‘(c) Notwithstanding any other provision of law, a

20 monetary allowance paid an individual under this chapter

21 shall not be considered as income or resources in deter22 mining eligibility for or the amount of benefits under any

23 Federal or Federally-assisted program.’’.

24 (c) REPEAL OF SUPERSEDED MATTER.—(1) Sub25 sections (c) and (d) of section 1805 are repealed.
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1 (2) Section 1806 is repealed.

2 (d) REDESIGNATION OF EXISTING MATTER.—Chapter

3 18 is further amended by inserting before section 1801 the

4 following:

5 ‘‘SUBCHAPTER I—CHILDREN OF VIETNAM

6 VETERANS BORN WITH SPINA BIFIDA’’.

7 (e) CONFORMING AMENDMENTS.—(1) Sections 1801

8 and 1802 are each amended by striking ‘‘this chapter’’ and

9 inserting ‘‘this subchapter’’.

10 (2) Section 1805(a) is amended by striking ‘‘this chap11 ter’’ and inserting ‘‘this section’’.

12 (f) CLERICAL AMENDMENTS.—(1)(A) The chapter

13 heading of chapter 18 is amended to read as follows:

14 ‘‘CHAPTER 18—BENEFITS FOR CHILDREN

15 OF VIETNAM VETERANS’’.

16 (1) The tables of chapters at beginning, and at the be17 ginning of part II, are each amended by striking the item

18 relating to chapter 18 and inserting the following new item:

‘‘18. Benefits for Children of Vietnam Veterans ....................... 1801’’.

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

20 18 is amended—

21 (A) by inserting after the chapter heading the

22 following:
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‘‘SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN WITH

SPINA BIFIDA’’;

1 (B) by striking the item relating to section 1806;

2 and

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

‘‘SUBCHAPTER II—CHILDREN OF FEMALE VIETNAM VETERANS

BORN WITH CERTAIN BIRTH DEFECTS

‘‘1811. Definitions.

‘‘1812. Birth defects covered.

‘‘1813. Benefits and assistance.

‘‘SUBCHAPTER III—ADMINISTRATIVE MATTERS

‘‘1821. Applicability of certain administrative provisions.

‘‘1822. Treatment of receipt of monetary allowance on other benefits.’’.

4 (g) APPLICABILITY.—(1) Except as provided in para5 graph (2), the amendments made by this section shall take

6 effect on the first day of the first month beginning more

7 than one year after the date of the enactment of this Act.

8 (2) The Secretary of Veterans Affairs shall identify

9 birth defects under section 1822 of title 38, United States

10 Code (as added by subsection (a) of this section), and shall

11 prescribe the regulations required by subchapter II of that

12 title (as so added), not later than the effective date specified

13 in paragraph (1).

14 (3) No benefit or assistance may be provided under

15 subchapter II of chapter 18 of title 38, United States Code

16 (as so added), for any period before the effective date speci17 fied in paragraph (1) by reason of the amendments made

18 by this section.
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1 Subtitle H—Other Benefits Matters

2 SEC. 171. REVIEW OF DOSE RECONSTRUCTION PROGRAM

3 OF THE DEFENSE THREAT REDUCTION AGEN4 CY.

5 (a) REVIEW BY NATIONAL ACADEMY OF SCIENCES.—

6 Not later than 30 days after the date of the enactment of

7 this Act, the Secretary of Defense shall enter into a contract

8 with the National Academy of Sciences to carry out peri9 odic reviews of the dose reconstruction program of the De10 fense Threat Reduction Agency.

11 (b) REVIEW ACTIVITIES.—The periodic reviews of the

12 dose reconstruction program under the contract under sub13 section (a) shall consist of the periodic selection of random

14 samples of doses reconstructed by the Defense Threat Reduc15 tion Agency in order to determine—

16 (1) whether or not the reconstruction of the sam17 pled doses is accurate;

18 (2) whether or not the reconstructed dosage num19 ber is accurately reported;

20 (3) whether or not the assumptions made regard21 ing radiation exposure based upon the sampled doses

22 are credible; and

23 (4) whether or not the data from nuclear tests

24 used by the Defense Threat Reduction Agency as part

25 of the reconstruction of the sampled doses is accurate.
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1 (c) DURATION OF REVIEW.—The periodic reviews

2 under the contract under subsection (a) shall occur over a

3 period of 24 months.

4 (d) REPORT.—(1) Not later than 60 days after the con5 clusion of the period referred to in subsection (c) the Na6 tional Academy of Sciences shall submit to Congress a re7 port on its activities under the contract under this section.

8 (2) The report shall include the following:

9 (A) A detailed description of the activities of the

10 National Academy of Sciences under the contract.

11 (B) Any recommendations that the National

12 Academy of Sciences considers appropriate regarding

13 a permanent system of review of the dose reconstruc14 tion program of the Defense Threat Reduction Agen15 cy.

16 TITLE II—HEALTH CARE

17 MATTERS

18 SEC. 201. VETERANS NOT SUBJECT TO COPAYMENTS FOR

19 MEDICATIONS.

20 Subparagraph (B) of section 1722A(a)(3) is amended

21 to read as follows:

22 ‘‘(B) to a veteran who is considered by the Sec23 retary to be unable to defray the expenses of necessary

24 care under section 1722 of this title.’’.
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1 SEC. 202. ESTABLISHMENT OF POSITION OF ADVISOR ON

2 PHYSICIAN ASSISTANTS WITHIN OFFICE OF

3 UNDERSECRETARY FOR HEALTH.

4 (a) ESTABLISHMENT.—Subsection (a) of section 7306

5 is amended—

6 (1) by redesignating paragraph (9) as para7 graph (10); and

8 (2) by inserting after paragraph (8) the fol9 lowing new paragraph (9):

10 ‘‘(9) The Advisor on Physician Assistants, who

11 shall carry out the responsibilities set forth in sub12 section (f).’’.

13 (b) RESPONSIBILITIES.—That section is further

14 amended—

15 (1) by redesignating subsection (f) as subsection

16 (g); and

17 (2) by inserting after subsection (e) the following

18 new subsection (f):

19 ‘‘(f) The Advisor on Physician Assistants under sub20 section (a)(9) shall—

21 ‘‘(1) advise the Under Secretary for Health on

22 matters regarding the optimal utilization of physi23 cian assistants by the Veterans Health Administra24 tion;

25 ‘‘(2) advise the Under Secretary for Health on

26 the feasibility and desirability of establishing clinical
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1 privileges and practice areas for physician assistants

2 in the Administration;

3 ‘‘(3) develop initiatives to facilitate the utiliza4 tion of the full range of clinical capabilities of the

5 physician assistants employed by the Administration;

6 ‘‘(4) provide advice on policies affecting the em7 ployment of physician assistants by the Administra8 tion, including policies on educational requirements,

9 national certification, recruitment and retention, staff

10 development, and the availability of educational as11 sistance (including scholarship, tuition reimburse12 ment, and loan repayment assistance); and

13 ‘‘(5) carry out such other responsibilities as the

14 Under Secretary for Health shall specify.’’.

15 SEC. 203. TEMPORARY FULL-TIME APPOINTMENTS OF CER16 TAIN MEDICAL PERSONNEL.

17 (a) PHYSICIAN ASSISTANTS AWAITING CERTIFICATION

18 OR LICENSURE.—Paragraph (2) of section 7405(c) is

19 amended—

20 (1) by striking ‘‘nursing,’’ and inserting ‘‘nurs21 ing’’; and

22 (2) by inserting ‘‘who have successfully completed

23 a full course of training as a physician assistant in

24 a recognized school approved by the Secretary,’’ before

25 ‘‘or who’’.
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1 (b) MEDICAL SUPPORT PERSONNEL.—That section is

2 further amended—

3 (1) by redesignating paragraph (3) as para4 graph (4); and

5 (2) by inserting after paragraph (2) the fol6 lowing new paragraph (3):

7 ‘‘(3)(A) Temporary full-time appointments of persons

8 in positions referred to in subsection (a)(1)(D) shall not ex9 ceed three years.

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

11 paragraph may be renewed for one or more additional peri12 ods not in excess of three years each.’’.

13 TITLE III—CONSTRUCTION AND

14 FACILITIES MATTERS

15 Subtitle A—Construction Matters

16 SEC. 301. AUTHORIZATION OF MAJOR MEDICAL FACILITY

17 PROJECTS FOR FISCAL YEAR 2001.

18 The Secretary of Veterans Affairs may carry out the

19 following major medical projects, with each project to be

20 carried out in the amount specified for that project:

21 (1) Construction of a 120-bed gero-psychiatric

22 facility at the Department of Veterans Affairs Palo

23 Alto Health Care System, Menlo Park Division, Cali24 fornia, $26,600,000.
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1 (2) Construction of a nursing home at the De2 partment of Veterans Affairs Medical Center, Beckley,

3 West Virginia, $9,500,000.

4 SEC. 302. AUTHORIZATION OF ADDITIONAL MAJOR MED5 ICAL FACILITY PROJECT FOR FISCAL YEAR

6 2000.

7 Section 401 of the Veterans Millennium Health Care

8 and Benefits Act (Public Law 106–117; 113 Stat. 1572)

9 is amended by adding at the end the following:

10 ‘‘(7) Renovation of psychiatric nursing units at

11 the Department of Veterans Affairs Medical Center,

12 Murfreesboro, Tennessee, in an amount not to exceed

13 $14,000,000.’’.

14 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

15 (a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL

16 YEAR 2001 PROJECTS.—There are authorized to be appro17 priated to the Secretary of Veterans Affairs for fiscal year

18 2001 and for fiscal year 2002, $36,100,000 for the Construc19 tion, Major Projects, account for the projects authorized in

20 section 301.

21 (b) AUTHORIZATION OF APPROPRIATIONS FOR ADDI22 TIONAL FISCAL YEAR 2000 PROJECT.—Section 403 of the

23 Veterans Millennium Health Care and Benefits Act (Public

24 Law 106–117; 113 Stat. 1573) is amended—
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•S 1810 RS

1 (1) in subsection (a)(1), by striking

2 ‘‘$57,500,000 for the projects authorized in para3 graphs (1) through (5)’’ and inserting ‘‘$71,500,000

4 for the projects authorized in paragraphs (1) through

5 (5) and (7)’’; and

6 (2) in subsection (b), by inserting ‘‘and (7)’’

7 after ‘‘through (5)’’ in the matter preceding para8 graph (1).

9 (c) LIMITATION.—The projects authorized in section

10 301 may only be carried out using—

11 (1) funds appropriated for fiscal year 2001 or

12 fiscal year 2002 pursuant to the authorization of ap13 propriations in subsection (a);

14 (2) funds appropriated for Construction, Major

15 Projects for a fiscal year before fiscal year 2001 that

16 remain available for obligation; and

17 (3) funds appropriated for Construction, Major

18 Projects for fiscal year 2001 for a category of activity

19 not specific to a project.

20 Subtitle B—Other Matters

21 SEC. 311. MAXIMUM TERM OF LEASE OF DEPARTMENT OF

22 VETERANS AFFAIRS PROPERTY FOR HOME23 LESS PURPOSES.

24 Section 3735(a)(4) is amended by striking ‘‘three

25 years’’ and inserting ‘‘20 years’’.
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1 SEC. 312. LAND CONVEYANCE, MILES CITY VETERANS AD2 MINISTRATION MEDICAL COMPLEX, MILES

3 CITY, MONTANA.

4 (a) CONVEYANCE REQUIRED.—The Secretary of Vet5 erans Affairs shall convey, without consideration, to Custer

6 County, Montana (in this section referred to as the ‘‘Coun7 ty’’), all right, title, and interest of the United States in

8 and to the parcels of real property consisting of the Miles

9 City Veterans Administration Medical Center complex,

10 which has served as a medical and support complex for the

11 Department of Veterans Affairs in Miles City, Montana.

12 (b) TIMING OF CONVEYANCE.—The conveyance re13 quired by subsection (a) shall be made as soon as prac14 ticable after the date of the enactment of this Act.

15 (c) CONDITIONS OF CONVEYANCE.—The conveyance re16 quired by subsection (a) shall be subject to the condition

17 that the County—

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

19 through an agreement with a public or private entity,

20 for veterans activities, community and economic de21 velopment, or such other public purposes as the Coun22 ty considers appropriate; or

23 (2) convey the parcels to an appropriate public

24 or private entity for use for the purposes specified in

25 paragraph (1).
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1 (d) CONVEYANCE OF IMPROVEMENTS.—(1) As part of

2 the conveyance required by subsection (a), the Secretary

3 may also convey to the County any improvements, equip4 ment, fixtures, and other personal property located on the

5 parcels conveyed under that subsection that are not required

6 by the Secretary.

7 (2) Any conveyance under this subsection shall be

8 without consideration.

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

10 the real property to be conveyed under subsection (a) is con11 veyed by deed under this section, the Secretary may con12 tinue to lease the real property, together with any improve13 ments thereon, under the terms and conditions of the cur14 rent lease of the real property.

15 (f) MAINTENANCE PENDING CONVEYANCE.—The Sec16 retary shall be responsible for maintaining the real prop17 erty to be conveyed under subsection (a), and any improve18 ments, equipment, fixtures, and other personal property to

19 be conveyed under subsection (d), in its condition as of the

20 date of the enactment of this Act until such time as the

21 real property, and such improvements, equipment, fixtures,

22 and other personal property are conveyed by deed under

23 this section.

24 (g) LEGAL DESCRIPTION.—The exact acreage and legal

25 description of the real property to be conveyed under sub-
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1 section (a) shall be determined by a survey satisfactory to

2 the Secretary.

3 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec4 retary may require such additional terms and conditions

5 in connection with the conveyance under this section as the

6 Secretary determines appropriate to protect the interests of

7 the United States.

8 SEC. 313. CONVEYANCE OF FT. LYON DEPARTMENT OF VET9 ERANS AFFAIRS MEDICAL CENTER, COLO10 RADO, TO THE STATE OF COLORADO.

11 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

12 any other provision of law and subject to the provisions

13 of this section, the Secretary of Veterans Affairs may con14 vey, without consideration, to the State of Colorado all

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

16 parcel of real property, including improvements thereon,

17 consisting of approximately 512 acres and comprising the

18 location of the Ft. Lyon Department of Veterans Affairs

19 Medical Center. The purpose of the conveyance is to permit

20 the State of Colorado to utilize the property for purposes

21 of a correctional facility.

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

23 the conveyance of real property authorized by subsection (a)

24 unless the State of Colorado agrees to provide appropriate

25 public access to Kit Carson Chapel, which is located on the
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1 real property, and the cemetery located adjacent to the real

2 property.

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

4 specified in paragraph (1) with respect to Kit Carson Chap5 el by relocating the chapel to Fort Lyon National Cemetery,

6 Colorado, or another appropriate location approved by the

7 Secretary.

8 (c) PLAN REGARDING CONVEYANCE.—(1) The Sec9 retary may not make the conveyance authorized by sub10 section (a) before the date on which the Secretary imple11 ments a plan providing the following:

12 (A) Notwithstanding sections 1720(a)(3) and

13 1741 of title 38, United States Code, that veterans

14 who are receiving inpatient or institutional long-term

15 care at Ft. Lyon Department of Veterans Affairs Med16 ical Center as of the date of the enactment of this Act

17 are provided appropriate inpatient or institutional

18 long-term care under the same terms and conditions

19 as such veterans are receiving inpatient or institu20 tional long-term care as of that date.

21 (B) That the conveyance of the Ft. Lyon Depart22 ment of Veterans Affairs Medical Center does not re23 sult in a reduction of health care services available to

24 veterans in the catchment area of the Medical Center.
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1 (C) Improvements in veterans’ overall access to

2 health care in the catchment area through, for exam3 ple, the opening of additional outpatient clinics.

4 (2) The Secretary shall prepare the plan referred to

5 in paragraph (1) in consultation with appropriate rep6 resentatives of veterans service organizations and other ap7 propriate organizations.

8 (3) The Secretary shall publish a copy of the plan re9 ferred to in paragraph (1) before implementation of the

10 plan.

11 (d) ENVIRONMENTAL RESTORATION.—The Secretary

12 may not make the conveyance authorized by subsection (a)

13 until the Secretary completes the evaluation and perform14 ance of any environmental restoration activities required

15 by the Comprehensive Environmental Response, Compensa16 tion, and Liability Act of 1980 (42 U.S.C. 9601 et seq.),

17 and by any other provision of law.

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

19 authorized by subsection (a), the Secretary may convey,

20 without consideration, to the State of Colorado any fur21 niture, fixtures, equipment, and other personal property as22 sociated with the property conveyed under that subsection

23 that the Secretary determines is not required for purposes

24 of the Department of Veterans Affairs health care facilities
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1 to be established by the Secretary in southern Colorado or

2 for purposes of Fort Lyon National Cemetery.

3 (f) LEGAL DESCRIPTION.—The exact acreage and legal

4 description of the real property to be conveyed under sub5 section (a) shall be determined by a survey satisfactory to

6 the Secretary. Any costs associated with the survey shall

7 be borne by the State of Colorado.

8 (g) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such other terms and conditions in con10 nection with the conveyances authorized by subsections (a)

11 and (e) as the Secretary considers appropriate to protect

12 the interests of the United States.

13 SEC. 314. EFFECT OF CLOSURE OF FT. LYON DEPARTMENT

14 OF VETERANS AFFAIRS MEDICAL CENTER ON

15 ADMINISTRATION OF HEALTH CARE FOR VET16 ERANS.

17 (a) PAYMENT FOR NURSING HOME CARE.—Notwith18 standing any limitation under section 1720 or 1741 of title

19 38, United States Code, the Secretary of Veterans Affairs

20 may pay the State of Colorado, or any private nursing

21 home care facility, for costs incurred in providing nursing

22 home care to any veteran who is relocated from the Ft. Lyon

23 Department of Veterans Affairs Medical Center, Colorado,

24 to the State of Colorado or such private facility, as the case
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1 may be, as a result of the closure of the Ft. Lyon Depart2 ment of Veterans Affairs Medical Center.

3 (b) OBLIGATION TO PROVIDE EXTENDED CARE SERV4 ICES.—Nothing in section 313 of this Act or this section

5 may be construed to alter or otherwise effect the obligation

6 of the Secretary to meet the requirements of section

7 1710B(b) of title 38, United States Code, relating to staffing

8 and levels of extended care services in fiscal years after fis9 cal year 1998.

10 (c) EXTENSION OF VOLUNTARY EARLY RETIREMENT

11 AUTHORITY.—Notwithstanding section 1109(a) of the De12 partment of Veterans Affairs Employment Reduction As13 sistance Act of 1999 (title XI of Public Law 106–117; 113

14 Stat. 1599; 5 U.S.C. 5597 note), the authority to pay vol15 untary separation incentive payments under that Act to

16 employees of the Ft. Lyon Department of Veterans Affairs

17 Medical Center shall apply to eligible employees (as defined

18 by section 1110 of that Act) at the Ft. Lyon Department

19 of Veterans Affairs Medical Center whose separation occurs

20 before June 30, 2001.

21 (d) REPORT ON VETERANS HEALTH CARE IN SOUTH22 ERN COLORADO.—Not later than one year after the convey23 ance, if any, authorized by section 313, the Under Secretary

24 for Health of the Department of Veterans Affairs, acting

25 through the Director of Veterans Integrated Service Network
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1 (VISN) 19, shall submit to the Committees on Veterans’ Af2 fairs of the Senate and the House of Representatives a re3 port on the status of the health care system for veterans

4 under the Network in the Southern Colorado. The report

5 shall describe any improvements to the system in Southern

6 Colorado that have been put into effect in the period begin7 ning on the date of the conveyance and ending on the date

8 of the report.

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

title 38, United States Code, to expand and improve compensation and pension, education, housing loan, insurance, and other benefits for veterans, and for other purposes.’’.
Calendar No. 787

106TH CONGRESS

2D SESSION S. 1810

[Report No. 106–397]

A BILL

To amend title 38, United States Code, to clarify

and improve veterans’ claims and appellate procedures.

SEPTEMBER 6, 2000

Reported with an amendment and an amendment to the

title
106TH CONGRESS

2D SESSION S.

A BILL

Read twice and referred to the Committee on