106TH CONGRESS

2D SESSION S. 1810

AN ACT

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Veterans Programs Enhancement Act of 2000’’.
2

S 1810 ES

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

2 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.

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.
3

S 1810 ES

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.

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

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

6 section or other provision of title 38, United States Code.
4

S 1810 ES

1 TITLE I—BENEFITS MATTERS

2 Subtitle A—Compensation and

3 Pension Matters

4 SEC. 101. CLARIFICATION AND ENHANCEMENT OF AU5 THORITIES RELATING TO THE PROCESSING

6 OF CLAIMS FOR VETERANS BENEFITS.

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

8 amended—

9 (1) by redesignating section 5101 as section

10 5101A; and

11 (2) by inserting before section 5101A, as so re12 designated, the following new section:

13 ‘‘§ 5101. Definition of ‘claimant’

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

15 means any individual who submits a claim for benefits

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

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

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

19 inserting ‘‘information’’.

20 (c) REAFFIRMATION AND CLARIFICATION OF DUTY

21 TO ASSIST.—Chapter 51 is further amended by inserting

22 after section 5103 the following new section:

23 ‘‘§ 5103A. Assistance to claimants

24 ‘‘(a) Except as provided in subsection (b), the Sec25 retary shall make reasonable efforts to assist in the devel-
5

S 1810 ES

1 opment of information and medical or lay evidence nec2 essary to establish the eligibility of a claimant for benefits

3 under the laws administered by the Secretary.

4 ‘‘(b) The Secretary is not required to provide assist5 ance to a claimant under subsection (a) if no reasonable

6 possibility exists, as determined in accordance with regula7 tions prescribed under subsection (f), that such assistance

8 would aid in the establishment of the eligibility of the

9 claimant for benefits under the laws administered by the

10 Secretary.

11 ‘‘(c) In any claim for benefits under the laws adminis12 tered by the Secretary, the assistance provided by the Sec13 retary under subsection (a) shall include the following:

14 ‘‘(1) Informing the claimant and the claimant’s

15 representative, if any, of the information and med16 ical or lay evidence needed in order to aid in the es17 tablishment of the eligibility of the claimant for ben18 efits under the laws administered by the Secretary.

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

20 representative, if any, if the Secretary is unable to

21 obtain any information or medical or lay evidence

22 described in paragraph (1).

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

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

25 the Secretary under subsection (a) shall include, in addi-
6

S 1810 ES

1 tion to the assistance provided under subsection (c), the

2 following:

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

4 records maintained by applicable governmental enti5 ties that pertain to the veteran for the period or pe6 riods of the veteran’s service in the active military,

7 naval, or air service.

8 ‘‘(B) Obtaining existing records of relevant

9 medical treatment or examination provided at De10 partment health-care facilities or at the expense of

11 the Department, but only if the claimant has fur12 nished information sufficient to locate such records.

13 ‘‘(C) Obtaining from governmental entities any

14 other relevant records the claimant adequately iden15 tifies and authorizes the Secretary to obtain.

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

17 private persons and entities any other relevant

18 records the claimant adequately identifies and au19 thorizes the Secretary to obtain.

20 ‘‘(E) Providing a medical examination needed

21 for the purpose of determining the existence of a

22 current disability if the claimant submits verifiable

23 evidence, as determined in accordance with the regu24 lations prescribed under subsection (f), establishing
7

S 1810 ES

1 that the claimant is unable to afford medical treat2 ment.

3 ‘‘(F) Providing such other assistance as the

4 Secretary considers appropriate.

5 ‘‘(2) The efforts made to obtain records under sub6 paragraphs (A), (B), and (C) of paragraph (1) shall con7 tinue until it is reasonably certain, as determined in ac8 cordance with the regulations prescribed under subsection

9 (f), that such records do not exist.

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

11 or lay or medical evidence under subsection (d) the Sec12 retary determines that a medical examination or a medical

13 opinion is necessary to substantiate entitlement to a ben14 efit, the Secretary shall provide such medical examination

15 or obtain such medical opinion.

16 ‘‘(f) The Secretary shall prescribe regulations for

17 purposes of the administration of this section.’’.

18 (d) COST OF OTHER AGENCIES IN FURNISHING IN19 FORMATION.—Section 5106 is amended by adding at the

20 end the following new sentence: ‘‘The cost of providing

21 such information shall be borne by the department or

22 agency providing such information.’’.

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

24 Section 5107 is amended to read as follows:
8

S 1810 ES

1 ‘‘§ 5107. Burden of proof; benefit of the doubt

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

3 by the Secretary in accordance with the provisions of this

4 title, a claimant shall have the burden of proof in estab5 lishing entitlement to benefits under the laws administered

6 by the Secretary.

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

8 lay and medical evidence of record in a case before the

9 Department with respect to benefits under laws adminis10 tered by the Secretary, and shall give the claimant the

11 benefit of the doubt when there is an approximate balance

12 of positive and negative evidence regarding an issue mate13 rial to the determination of the matter.’’.

14 (f) APPLICABILITY OF ENHANCED AUTHORITIES.—

15 (1) Except as specifically provided otherwise, section

16 5103A of title 38, United States Code (as added by sub17 section (c)), and section 5107 of title 38, United States

18 Code (as amended by subsection (e)), shall apply to any

19 claim pending on or filed on or after the date of the enact20 ment of this Act.

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

22 in subparagraph (B), the Secretary of Veterans Affairs

23 shall, upon the request of the claimant, or upon the Sec24 retary’s motion, order such claim readjudicated in accord25 ance with section 5103A of title 38, United States Code

26 (as so added), and section 5107 of title 38, United States
9

S 1810 ES

1 Code (as so amended), as if the denial or dismissal of such

2 claim as described in that subparagraph had not been

3 made.

4 (B) A claim for benefits described in this subpara5 graph is any claim for benefits—

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

7 period beginning on July 14, 1999, and ending on

8 the date of the enactment of this Act; and

9 (ii) which was denied or dismissed because the

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

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

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

13 (3) No claim shall be readjudicated under paragraph

14 (2) unless the request for readjudication is filed, or the

15 motion made, not later than two years after the date of

16 the enactment of this Act.

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

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

19 construed as establishing a duty on the part of the Sec20 retary to locate and readjudicate a claim described in

21 paragraph (2)(B).

22 (g) CLERICAL AMENDMENTS.—The table of sections

23 at the beginning of chapter 51 is amended—

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

25 and inserting the following new items:
10

S 1810 ES

‘‘5101. Definition of ‘claimant’.

‘‘5101A. Claims and forms.’’; and

1 (2) by inserting after the item relating to sec2 tion 5103 the following new item:

‘‘5103A. Assistance to claimants.’’.

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

4 BE SERVICE-CONNECTED FOR RADIATION-EX5 POSED VETERANS.

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

7 the following:

8 ‘‘(P) Lung cancer.

9 ‘‘(Q) Colon cancer.

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

11 system.

12 ‘‘(S) Ovarian cancer.’’.

13 SEC. 103. SPECIAL MONTHLY COMPENSATION FOR FEMALE

14 VETERANS WHO LOSE A BREAST AS A RE15 SULT OF A SERVICE-CONNECTED DISABILITY.

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

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

18 ‘‘has suffered’’; and

19 (2) by inserting after ‘‘air and bone conduc20 tion,’’ the following: ‘‘or, in the case of a female vet21 eran, has suffered the anatomical loss of one or both

22 breasts (including loss by mastectomy),’’.
11

S 1810 ES

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

2 by subsection (a) shall take effect on the date of the enact3 ment of this Act, and shall apply with respect to payment

4 of compensation under section 1114(k) of title 38, United

5 States Code (as so amended), for months beginning on

6 or after that date.

7 (2) No compensation may be paid for any period be8 fore the date of the enactment of this Act by reason of

9 the amendments made by subsection (a).

10 Subtitle B—Education Matters

11 SEC. 111. MAKING UNIFORM THE REQUIREMENT FOR HIGH

12 SCHOOL DIPLOMA OR EQUIVALENCY BEFORE

13 APPLICATION FOR MONTGOMERY GI BILL

14 BENEFITS.

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

16 amended—

17 (A) 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 aca22 demic credit for) the equivalent of 12 semester hours

23 in a program of education leading to a standard col24 lege degree, before applying for benefits under this

25 section; and’’;
12

S 1810 ES

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

2 (C) by redesignating subsections (f), (g), (h),

3 and (i) as subsections (e), (f), (g), and (h), respec4 tively.

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

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

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

8 amended—

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

10 and inserting the following new paragraph (2):

11 ‘‘(2) who completes the requirements of a sec12 ondary school diploma (or equivalency certificate), or

13 successfully completes (or otherwise receives aca14 demic credit for) the equivalent of 12 semester hours

15 in a program of education leading to a standard col16 lege degree, before applying for benefits under this

17 section; and’’;

18 (2) by striking subsection (f); and

19 (3) by redesignating subsection (g) as sub20 section (f).

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

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

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

24 section—
13

S 1810 ES

1 ‘‘(A) completes the requirements of a sec2 ondary school diploma (or equivalency certifi3 cate); or

4 ‘‘(B) successfully completes (or otherwise

5 receives academic credit for) the equivalent of

6 12 semester hours in a program of education

7 leading to a standard college degree; and’’.

8 (d) EDUCATIONAL ASSISTANCE PROGRAM FOR MEM9 BERS OF THE SELECTED RESERVE.—Paragraph (2) of

10 section 16132(a) of title 10, United States Code, is

11 amended to read as follows:

12 ‘‘(2) before applying for benefits under this sec13 tion, has completed the requirements of a secondary

14 school diploma (or an equivalency certificate);’’.

15 SEC. 112. REPEAL OF REQUIREMENT FOR INITIAL OBLI16 GATED PERIOD OF ACTIVE DUTY AS CONDI17 TION OF ELIGIBILITY FOR MONTGOMERY GI

18 BILL BENEFITS.

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

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

21 (1) in subsection (a)(1)(A)—

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

23 following new clause (i):

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

25 active duty of at least two years of contin-
14

S 1810 ES

1 uous active duty in the Armed Forces; or’’;

2 and

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

4 case of an individual who completed not less

5 than 20 months’’ and all that follows through

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

7 the case of an individual with an obligated pe8 riod of service of two years, the individual com9 pletes not less than 20 months of continuous

10 active duty under that period of obligated serv11 ice, or, in the case of an individual with an obli12 gated period of service of three years, the indi13 vidual completes not less than 30 months of

14 continuous active duty under that period of ob15 ligated service’’;

16 (2) in subsection (d)(1), by striking ‘‘individ17 ual’s initial obligated period of active duty’’ and in18 serting ‘‘obligated period of active duty on which an

19 individual’s entitlement to assistance under this sec20 tion is based’’;

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

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

23 an initial period of active duty,’’ and inserting ‘‘dur24 ing the obligated period of active duty on which enti-
15

S 1810 ES

1 tlement to assistance under this section is based,’’;

2 and

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

4 striking ‘‘initial’’.

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

6 amended—

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

8 the individual’s’’ and all that follows through

9 ‘‘Armed Forces’’ and inserting ‘‘an obligated period

10 of active duty of at least two years of continuous ac11 tive duty in the Armed Forces’’; and

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

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

14 amended—

15 (1) in subsection (a)(2), by striking ‘‘individ16 ual’s initial obligated period of active duty’’ and in17 serting ‘‘obligated period of active duty on which

18 such entitlement is based’’; and

19 (2) in subsection (b)(1), by striking ‘‘individ20 ual’s initial obligated period of active duty’’ and in21 serting ‘‘obligated period of active duty on which

22 such entitlement is based’’.

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

24 amended—
16

S 1810 ES

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

2 inserting before ‘‘a basic educational assistance al3 lowance’’ the following: ‘‘in the case of an individual

4 entitled to an educational assistance allowance under

5 this chapter whose obligated period of active duty on

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

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

8 initial obligated period of active duty is two years,’’

9 and inserting ‘‘whose obligated period of active duty

10 on which such entitlement is based is two years,’’;

11 and

12 (3) in subsection (c)(2), by striking subpara13 graphs (A) and (B) and inserting the following new

14 subparagraphs (A) and (B):

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

16 which such entitlement is based is less than three

17 years;

18 ‘‘(B) who, beginning on the date of the com19 mencement of such obligated period of active duty,

20 serves a continuous period of active duty of not less

21 than three years; and’’.
17

S 1810 ES

1 SEC. 113. AVAILABILITY UNDER SURVIVORS’ AND DEPEND2 ENTS’ EDUCATIONAL ASSISTANCE OF PRE3 PARATORY COURSES FOR COLLEGE AND

4 GRADUATE SCHOOL ENTRANCE EXAMS.

5 Paragraph (5) of section 3501(a) is amended by add6 ing at the end the following new sentence: ‘‘The term also

7 includes any preparatory course described in section

8 3002(3)(B) of this title.’’.

9 SEC. 114. ELECTION OF CERTAIN RECIPIENTS OF COM10 MENCEMENT OF PERIOD OF ELIGIBILITY

11 FOR SURVIVORS’ AND DEPENDENTS’ EDU12 CATIONAL ASSISTANCE.

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

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

15 ‘‘8 years after the date elected by the person (if such elec16 tion is approved as the beginning date of such period by

17 the Secretary and is made during the period between such

18 birthdays) which beginning date—

19 ‘‘(A) in the case of a person whose eligi20 bility is based on a parent who has a service21 connected total disability permanent in nature,

22 shall be between the dates described in sub23 section (d) of this section; and

24 ‘‘(B) in the case of a person whose eligi25 bility is based on the death of a parent, shall

26 be between—
18

S 1810 ES

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

2 and

3 ‘‘(ii) the date of the Secretary’s deci4 sion that the death was service-con5 nected;’’.

6 SEC. 115. ADJUSTED EFFECTIVE DATE FOR AWARD OF SUR7 VIVORS’ AND DEPENDENTS’ EDUCATIONAL

8 ASSISTANCE.

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

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

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

12 and (c),’’;

13 (2) by redesignating subsection (b) as sub14 section (c); and

15 (3) by inserting after subsection (a) the fol16 lowing new subsection (b):

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

18 of educational assistance under chapter 35 of this title for

19 an individual described in paragraph (2) based on an origi20 nal claim, the Secretary shall consider the individual’s ap21 plication under section 3513 of this title as having been

22 filed on the effective date from which the Secretary, by

23 rating decision, determines that the veteran from whom

24 eligibility for such educational assistance is derived either

25 died of a service-connected disability or established the ex-
19

S 1810 ES

1 istence of a total service-connected disability evaluated as

2 permanent in nature if that effective date is more than

3 one year before the date the rating decision is made.

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

5 person eligible for educational assistance under chapter 35

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

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

8 ‘‘(A) submits to the Secretary an original appli9 cation under section 3513 of this title for edu10 cational assistance under that chapter within one

11 year after the date that the Secretary issues the rat12 ing decision on which the individual’s eligibility for

13 such educational assistance is based;

14 ‘‘(B) claims such educational assistance for

15 pursuit of an approved program of education during

16 a period or periods preceding the one-year period

17 ending on the date on which the individual’s applica18 tion under that section is received by the Secretary;

19 and

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

21 have been entitled to such educational assistance for

22 pursuit of such approved program of education if the

23 individual had submitted such application on the ef24 fective date from which the Secretary determined
20

S 1810 ES

1 that the individual was eligible for such educational

2 assistance.’’.

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

4 section, as redesignated by subsection (a)(2) of this sec5 tion, is amended by striking ‘‘of this section’’.

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

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

8 this Act, and shall apply with respect to applications first

9 made under section 3513 of title 38, United States Code,

10 that—

11 (1) are received by the Secretary of Veterans

12 Affairs on or after the date of the enactment of this

13 Act; 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

19 FOR 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

23 following new subsection:

24 ‘‘(c) The amount of assistance afforded under sub25 section (a) for a veteran authorized assistance by section
21

S 1810 ES

1 2101(a) of this title shall not be reduced by reason that

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

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

4 in the housing unit.’’.

5 SEC. 122. INCREASE IN MAXIMUM AMOUNT OF HOUSING

6 LOAN GUARANTEE.

7 (a) IN GENERAL.—Subparagraph (A)(i)(IV) of sec8 tion 3703(a)(1) is amended by striking ‘‘$50,750’’ and in9 serting ‘‘$63,175’’.

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

11 of that section is amended by striking ‘‘$50,750’’ and in12 serting ‘‘$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

20 paragraph:

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

25 the veteran is rated eligible to receive compensation as a
22

S 1810 ES

1 result of the pre-discharge disability examination and rat2 ing without regard to whether an effective date of the

3 award 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

9 following 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

18 LIFE INSURANCE.—Section 1967 is amended in sub19 sections (a), (c), and (d) by striking ‘‘$200,000’’ each

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

21 (b) MAXIMUM UNDER VETERANS’ GROUP LIFE IN22 SURANCE.—Section 1977(a) is amended by striking

23 ‘‘$200,000’’ each place it appears and inserting

24 ‘‘$250,000’’.
23

S 1810 ES

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

2 this section shall take effect on the first day of the first

3 month that begins more than 120 days after the date of

4 the enactment of this Act.

5 SEC. 133. FAMILY COVERAGE UNDER SERVICEMEMBERS’

6 GROUP LIFE INSURANCE.

7 (a) INSURABLE DEPENDENTS.—Section 1965 is

8 amended by adding at the end the following:

9 ‘‘(10) The term ‘insurable dependent’, with re10 spect to a member, means the following:

11 ‘‘(A) The member’s spouse.

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

13 the child is unmarried and the member is pro14 viding over 50 percent of the support of the

15 child.’’.

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

17 chapter 19 is amended by inserting after section 1967 the

18 following new section:

19 ‘‘§ 1967A. Insurance of dependents

20 ‘‘(a) Subject to the provisions of this section, any pol21 icy of insurance purchased by the Secretary under section

22 1966 of this title shall also automatically insure against

23 death each insurable dependent of a member.
24

S 1810 ES

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

2 may make an election not to insure a spouse under this

3 subchapter.

4 ‘‘(2) Except as provided in subsection (c)(3), a spouse

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

6 under this section.

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

8 no insurable dependent of a member is insured under this

9 section unless the member is insured under this sub10 chapter.

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

12 the amount for which a person insured under this section

13 is insured under this subchapter is as follows:

14 ‘‘(A) In the case of a member’s spouse, the less15 er of—

16 ‘‘(i) the amount for which the member is

17 insured under this subchapter; or

18 ‘‘(ii) $50,000.

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

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

21 member’s spouse in an amount less than the amount pro22 vided for under paragraph (1)(A). The amount of insur23 ance so elected shall be evenly divisible by $10,000.

24 ‘‘(3) If a spouse eligible for insurance under this sec25 tion is not so insured, or is insured for less than the max-
25

S 1810 ES

1 imum amount provided for under subparagraph (A) of

2 paragraph (1) by reason of an election made by the mem3 ber concerned under paragraph (2), the spouse may there4 after be insured under this section in the maximum

5 amount or any lesser amount elected as provided for in

6 paragraph (2) upon written application by the member,

7 proof of good health of the spouse, and compliance with

8 such other terms and conditions as may be prescribed by

9 the Secretary.

10 ‘‘(d)(1) Insurance coverage under this section with

11 respect to an insurable dependent of the member shall

12 cease—

13 ‘‘(A) upon election made in writing by the

14 member to terminate the coverage; or

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

16 of—

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

18 ‘‘(ii) the date of termination of the insur19 ance on the member under this subchapter; or

20 ‘‘(iii) the date on which the insurable de21 pendent of the member no longer meets the cri22 teria applicable to an insurable dependent as

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

24 ‘‘(2)(A) At the election of an insured spouse whose

25 insurance under this subchapter is terminated under para-
26

S 1810 ES

1 graph (1), the insurance shall be converted to an indi2 vidual policy of insurance upon written application for

3 conversion made to the participating company selected by

4 the insured spouse and the payment of the required pre5 miums.

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

7 spouse making an election under subparagraph (A) shall

8 become effective on the date of the termination of the

9 spouse’s insurance under paragraph (1).

10 ‘‘(C) The second, fourth, and fifth sentences of sec11 tion 1977(e) of this title shall apply with respect to the

12 insurance of an insured spouse under this paragraph.

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

14 member is insured under this section, there shall be de15 ducted each month from the member’s basic or other pay,

16 or otherwise collected from the member, until the mem17 ber’s separation or release from active duty an amount

18 determined by the Secretary (which shall be the same for

19 all such members) as the premium allocable to the pay

20 period for providing that insurance coverage.

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

22 amounts to be charged for insurance coverage for spouses

23 of members under this section.

24 ‘‘(B) The premium amounts shall be determined on

25 the basis of sound actuarial principles and shall include
27

S 1810 ES

1 an amount necessary to cover the administrative costs to

2 the insurer or insurers providing such insurance.

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

4 be continued for subsequent policy years, except that the

5 rate may be adjusted for any such subsequent policy year

6 on the basis of the experience under the policy, as deter7 mined by the Secretary in advance of that policy year.

8 ‘‘(3) Any amounts deducted or collected under para9 graph (1), together with the income derived from any divi10 dends or premium rate adjustments received from insurers

11 with respect to insurance under this section, shall be de12 posited to the credit of the revolving fund established by

13 section 1969(d) of this title, and shall be available for pay14 ment and use in accordance with the provisions of that

15 section.

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

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

18 the dependent’s death shall be paid, upon the establish19 ment of a valid claim therefor, to the member or, in the

20 event of the member’s death before payment to the mem21 ber can be made, then to the person or persons entitled

22 to receive payment of the proceeds of insurance on the

23 member’ life under section 1970 of this title.’’.
28

S 1810 ES

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

2 chapter is amended by inserting after the item relating

3 to section 1967 the following new item:

‘‘1967A. Insurance of dependents.’’.

4 (c) EFFECTIVE DATE AND INITIAL IMPLEMENTA5 TION.—(1) This section and the amendments made by this

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

7 that begins more than 120 days after the date of the en8 actment of this Act, except that paragraph (2) shall take

9 effect on the date of the enactment of this Act.

10 (2) The Secretary of Veterans Affairs, in consultation

11 with the Secretaries of the military departments, the Sec12 retary of Transportation, the Secretary of Commerce, and

13 the Secretary of Health and Human Services, shall take

14 such action as is necessary to ensure that each member

15 of the uniformed services on active duty (other than active

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

17 the enactment of this Act and the effective date under

18 paragraph (1) is furnished an explanation of the insurance

19 benefits available for dependents under the amendments

20 made by this section and is afforded an opportunity before

21 such effective date to make elections that are authorized

22 under those amendments to be made with respect to de23 pendents.
29

S 1810 ES

1 Subtitle E—Burial Matters

2 SEC. 141. ELIGIBILITY FOR INTERMENT IN THE NATIONAL

3 CEMETERIES OF CERTAIN FILIPINO VET4 ERANS OF WORLD WAR II.

5 (a) ELIGIBILITY OF CERTAIN COMMONWEALTH

6 ARMY VETERANS.—Section 2402 is amended by adding

7 at the end the following new paragraph:

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

9 in section 107(a) of this title if such individual at

10 the time of death—

11 ‘‘(A) was a naturalized citizen of the

12 United States; and

13 ‘‘(B) resided in the United States.’’.

14 (b) CONFORMING AMENDMENT.—Section 107(a)(3)

15 is amended by striking the period at the end and inserting

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

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

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

19 section shall take effect on the date of the enactment of

20 this Act, and shall apply with respect to deaths occurring

21 on or after that date.
30

S 1810 ES

1 Subtitle F—Employment Matters

2 SEC. 151. VETERANS EMPLOYMENT EMPHASIS UNDER FED3 ERAL CONTRACTS FOR RECENTLY SEPA4 RATED VETERANS.

5 (a) EMPLOYMENT EMPHASIS.—Subsection (a) of sec6 tion 4212 is amended in the first sentence by inserting

7 ‘‘recently separated veterans,’’ after ‘‘veterans of the Viet8 nam era,’’.

9 (b) CONFORMING AMENDMENTS.—Subsection (d)(1)

10 of that section is amended by inserting ‘‘recently sepa11 rated veterans,’’ after ‘‘veterans of the Vietnam era,’’ each

12 place it appears in subparagraphs (A) and (B).

13 (c) RECENTLY SEPARATED VETERAN DEFINED.—

14 Section 4211 is amended by adding at the end the fol15 lowing new paragraph:

16 ‘‘(6) The term ‘recently separated veteran’ means any

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

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

19 SEC. 152. COMPTROLLER GENERAL AUDIT OF VETERANS

20 EMPLOYMENT AND TRAINING SERVICE OF

21 THE DEPARTMENT OF LABOR.

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

23 United States shall carry out a comprehensive audit of the

24 Veterans Employment and Training Service of the De25 partment of Labor. The purpose of the audit is to provide
31

S 1810 ES

1 a basis for future evaluations of the effectiveness of the

2 Service is meeting its mission.

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

4 subsection (a) shall commence not earlier than January

5 1, 2001.

6 (c) ELEMENTS.—In carrying out the audit of the

7 Veterans Employment and Training Service required by

8 subsection (a), the Comptroller General shall—

9 (1) review the requirements applicable to the

10 Service under law, including requirements under title

11 38, United States Code, and the regulations there12 under;

13 (2) evaluate the organizational structure of the

14 Service; and

15 (3) evaluate or assess any other matter relating

16 to the Service that the Comptroller General con17 siders appropriate for the purpose specified in sub18 section (a).

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

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

21 submit to the Committees on Veterans’ Affairs of the Sen22 ate and House of Representatives a report on the audit

23 carried out under subsection (a). The report shall

24 include—

25 (1) the results of the audit; and
32

S 1810 ES

1 (2) any recommendations that the Comptroller

2 General considers appropriate regarding the organi3 zation or functions of the Veterans Employment and

4 Training Service of the Department of Labor.

5 Subtitle G—Benefits for Children

6 of Female Vietnam Veterans

7 SEC. 161. SHORT TITLE.

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

9 Vietnam Veterans’ Benefits Act of 2000’’.

10 SEC. 162. BENEFITS FOR THE CHILDREN OF FEMALE VIET11 NAM VETERANS WHO SUFFER FROM CERTAIN

12 BIRTH DEFECTS.

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

14 at the end the following new subchapter:

15 ‘‘SUBCHAPTER II—CHILDREN OF FEMALE

16 VIETNAM VETERANS BORN WITH CERTAIN

17 BIRTH DEFECTS

18 ‘‘§ 1811. Definitions

19 ‘‘In this subchapter:

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

21 Vietnam veteran, means a natural child of the fe22 male Vietnam veteran, regardless of age or marital

23 status, who was conceived after the date on which

24 the female Vietnam veteran first entered the Repub-
33

S 1810 ES

1 lic of Vietnam during the Vietnam era (as specified

2 in section 101(29)(A) of this title).

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

4 birth defect identified by the Secretary under section

5 1812 of this title.

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

7 any female individual who performed active military,

8 naval, or air service in the Republic of Vietnam dur9 ing the Vietnam era (as so specified), without regard

10 to the characterization of the individual’s service.

11 ‘‘§ 1812. Birth defects covered

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

13 the Secretary shall identify the birth defects of children

14 of female Vietnam veterans that—

15 ‘‘(1) are associated with the service of female

16 Vietnam veterans in the Republic of Vietnam during

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

18 of this title); and

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

20 disability of such children.

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

22 under subsection (a) may not include birth defects result23 ing from the following:

24 ‘‘(A) A familial disorder.

25 ‘‘(B) A birth-related injury.
34

S 1810 ES

1 ‘‘(C) A fetal or neonatal infirmity with well-es2 tablished causes.

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

4 may not include spina bifida.

5 ‘‘(c) LIST.—The Secretary shall prescribe in regula6 tions a list of the birth defects identified under subsection

7 (a).

8 ‘‘§ 1813. Benefits and assistance

9 ‘‘(a) HEALTH CARE.—(1) The Secretary shall pro10 vide a child of a female Vietnam veteran who was born

11 with a covered birth defect such health care as the Sec12 retary determines is needed by the child for such birth

13 defect or any disability that is associated with such birth

14 defect.

15 ‘‘(2) The Secretary may provide health care under

16 this subsection directly or by contract or other arrange17 ment with a health care provider.

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

19 in section 1803(c) of this title shall apply with respect to

20 the provision of health care under this subsection, except

21 that for such purposes—

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

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

24 be treated as a reference to a specialized clinic treat-
35

S 1810 ES

1 ing the birth defect concerned under this subsection;

2 and

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

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

5 section 1803(c) shall be treated as a reference to vo6 cational training under subsection (b).

7 ‘‘(b) VOCATIONAL TRAINING.—(1) The Secretary

8 may provide a program of vocational training to a child

9 of a female Vietnam veteran who was born with a covered

10 birth defect if the Secretary determines that the achieve11 ment of a vocational goal by the child is reasonably fea12 sible.

13 ‘‘(2) Subsections (b) through (e) of section 1804 of

14 this title shall apply with respect to any program of voca15 tional training provided under paragraph (1).

16 ‘‘(c) MONETARY ALLOWANCE.—(1) The Secretary

17 shall pay a monthly allowance to any child of a female

18 Vietnam veteran who was born with a covered birth defect

19 for any disability resulting from such birth defect.

20 ‘‘(2) The amount of the monthly allowance paid

21 under this subsection shall be based on the degree of dis22 ability suffered by the child concerned, as determined in

23 accordance with a schedule for rating disabilities resulting

24 from covered birth defects that is prescribed by the Sec25 retary.
36

S 1810 ES

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

2 under paragraph (2), the Secretary shall establish four

3 levels of disability upon which the amount of the monthly

4 allowance under this subsection shall be based.

5 ‘‘(4) The amount of the monthly allowance paid

6 under this subsection shall be as follows:

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

8 lowest level of disability prescribed in the schedule

9 for rating disabilities under this subsection, $100.

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

11 lower intermediate level of disability prescribed in

12 the schedule for rating disabilities under this sub13 section, the greater of—

14 ‘‘(i) $214; or

15 ‘‘(ii) the monthly amount payable under

16 section 1805(b)(3) of this title for the lowest

17 level of disability prescribed for purposes of

18 that section.

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

20 higher intermediate level of disability prescribed in

21 the schedule for rating disabilities under this sub22 section, the greater of—

23 ‘‘(i) $743; or

24 ‘‘(ii) the monthly amount payable under

25 section 1805(b)(3) of this title for the inter-
37

S 1810 ES

1 mediate level of disability prescribed for pur2 poses of that section.

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

4 highest level of disability prescribed in the schedule

5 for rating disabilities under this subsection, the

6 greater of—

7 ‘‘(i) $1,272; or

8 ‘‘(ii) the monthly amount payable under

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

10 level of disability prescribed for purposes of

11 that section.

12 ‘‘(5) Amounts under subparagraphs (A), (B)(i),

13 (C)(i), and (D)(i) of paragraph (4) shall be subject to ad14 justment from time to time under section 5312 of this

15 title.

16 ‘‘(6) Subsections (c) and (d) of section 1805 of this

17 title shall apply with respect to any monthly allowance

18 paid under this subsection.

19 ‘‘(d) GENERAL LIMITATIONS ON AVAILABILITY OF

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

21 benefits or assistance under this section may receive any

22 benefits or assistance under subchapter I of this chapter.

23 ‘‘(2) In any case where affirmative evidence estab24 lishes that the covered birth defect of a child results from

25 a cause other than the active military, naval, or air service
38

S 1810 ES

1 in the Republic of Vietnam of the female Vietnam veteran

2 who is the mother of the child, no benefits or assistance

3 may be provided the child under this section.

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

5 regulations for purposes of the administration of the provi6 sions of this section.’’.

7 (b) ADMINISTRATIVE PROVISIONS.—Chapter 18 is

8 further amended by inserting after subchapter II, as

9 added by subsection (a) of this section, the following new

10 subchapter:

11 ‘‘SUBCHAPTER III—ADMINISTRATIVE MATTERS

12 ‘‘§ 1821. Applicability of certain administrative provi13 sions

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

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

16 (b)(10) of this title shall apply with respect to benefits

17 and assistance under this chapter in the same manner as

18 such provisions apply to veterans’ disability compensation.

19 ‘‘§ 1822. Treatment of receipt of monetary allowance

20 on other benefits

21 ‘‘(a) Notwithstanding any other provision of law, re22 ceipt by an individual of a monetary allowance under this

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

24 right of the individual to receive any other benefit to which
39

S 1810 ES

1 the individual is otherwise entitled under any law adminis2 tered by the Secretary.

3 ‘‘(b) Notwithstanding any other provision of law, re4 ceipt by an individual of a monetary allowance under this

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

6 right of any other individual to receive any benefit to

7 which such other individual is entitled under any law ad8 ministered by the Secretary based on the relationship of

9 such other individual to the individual who receives such

10 monetary allowance.

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

12 monetary allowance paid an individual under this chapter

13 shall not be considered as income or resources in deter14 mining eligibility for or the amount of benefits under any

15 Federal or Federally-assisted program.’’.

16 (c) REPEAL OF SUPERSEDED MATTER.—(1) Sub17 sections (c) and (d) of section 1805 are repealed.

18 (2) Section 1806 is repealed.

19 (d) REDESIGNATION OF EXISTING MATTER.—Chap20 ter 18 is further amended by inserting before section 1801

21 the following:
40

S 1810 ES

1 ‘‘SUBCHAPTER I—CHILDREN OF VIETNAM

2 VETERANS BORN WITH SPINA BIFIDA’’.

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

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

5 and inserting ‘‘this subchapter’’.

6 (2) Section 1805(a) is amended by striking ‘‘this

7 chapter’’ and inserting ‘‘this section’’.

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

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

10 ‘‘CHAPTER 18—BENEFITS FOR CHILDREN

11 OF VIETNAM VETERANS’’.

12 (1) The tables of chapters at beginning, and at the

13 beginning of part II, are each amended by striking the

14 item relating to chapter 18 and inserting the following new

15 item:

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

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

17 18 is amended—

18 (A) by inserting after the chapter heading the

19 following:

‘‘SUBCHAPTER I—CHILDREN OF VIETNAM VETERANS BORN

WITH SPINA BIFIDA’’;

20 (B) by striking the item relating to section

21 1806; and

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

‘‘SUBCHAPTER II—CHILDREN OF FEMALE VIETNAM VETERANS

BORN WITH CERTAIN BIRTH DEFECTS
41

S 1810 ES

‘‘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.’’.

1 (g) APPLICABILITY.—(1) Except as provided in para2 graph (2), the amendments made by this section shall take

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

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

5 (2) The Secretary of Veterans Affairs shall identify

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

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

8 prescribe the regulations required by subchapter II of that

9 title (as so added), not later than the effective date speci10 fied in paragraph (1).

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

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

13 (as so added), for any period before the effective date spec14 ified in paragraph (1) by reason of the amendments made

15 by this section.

16 Subtitle H—Other Benefits Matters

17 SEC. 171. REVIEW OF DOSE RECONSTRUCTION PROGRAM

18 OF THE DEFENSE THREAT REDUCTION AGEN19 CY.

20 (a) REVIEW BY NATIONAL ACADEMY OF

21 SCIENCES.—Not later than 30 days after the date of the

22 enactment of this Act, the Secretary of Defense shall enter
42

S 1810 ES

1 into a contract with the National Academy of Sciences to

2 carry out periodic reviews of the dose reconstruction pro3 gram of the Defense Threat Reduction Agency.

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

5 dose reconstruction program under the contract under

6 subsection (a) shall consist of the periodic selection of ran7 dom samples of doses reconstructed by the Defense Threat

8 Reduction Agency in order to determine—

9 (1) whether or not the reconstruction of the

10 sampled doses is accurate;

11 (2) whether or not the reconstructed dosage

12 number is accurately reported;

13 (3) whether or not the assumptions made re14 garding radiation exposure based upon the sampled

15 doses are credible; and

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

17 used by the Defense Threat Reduction Agency as

18 part of the reconstruction of the sampled doses is

19 accurate.

20 (c) DURATION OF REVIEW.—The periodic reviews

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

22 a period of 24 months.

23 (d) REPORT.—(1) Not later than 60 days after the

24 conclusion of the period referred to in subsection (c) the

25 National Academy of Sciences shall submit to Congress
43

S 1810 ES

1 a report on its activities under the contract under this sec2 tion.

3 (2) The report shall include the following:

4 (A) A detailed description of the activities of

5 the National Academy of Sciences under the con6 tract.

7 (B) Any recommendations that the National

8 Academy of Sciences considers appropriate regard9 ing a permanent system of review of the dose recon10 struction program of the Defense Threat Reduction

11 Agency.

12 TITLE II—HEALTH CARE

13 MATTERS

14 SEC. 201. VETERANS NOT SUBJECT TO COPAYMENTS FOR

15 MEDICATIONS.

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

17 to read as follows:

18 ‘‘(B) to a veteran who is considered by the Sec19 retary to be unable to defray the expenses of nec20 essary care under section 1722 of this title.’’.

21 SEC. 202. ESTABLISHMENT OF POSITION OF ADVISOR ON

22 PHYSICIAN ASSISTANTS WITHIN OFFICE OF

23 UNDERSECRETARY FOR HEALTH.

24 (a) ESTABLISHMENT.—Subsection (a) of section

25 7306 is amended—
44

S 1810 ES

1 (1) by redesignating paragraph (9) as para2 graph (10); and

3 (2) by inserting after paragraph (8) the fol4 lowing new paragraph (9):

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

6 shall carry out the responsibilities set forth in sub7 section (f).’’.

8 (b) RESPONSIBILITIES.—That section is further

9 amended—

10 (1) by redesignating subsection (f) as sub11 section (g); and

12 (2) by inserting after subsection (e) the fol13 lowing new subsection (f):

14 ‘‘(f) The Advisor on Physician Assistants under sub15 section (a)(9) shall—

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

17 matters regarding the optimal utilization of physi18 cian assistants by the Veterans Health Administra19 tion;

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

21 the feasibility and desirability of establishing clinical

22 privileges and practice areas for physician assistants

23 in the Administration;
45

S 1810 ES

1 ‘‘(3) develop initiatives to facilitate the utiliza2 tion of the full range of clinical capabilities of the

3 physician assistants employed by the Administration;

4 ‘‘(4) provide advice on policies affecting the em5 ployment of physician assistants by the Administra6 tion, including policies on educational requirements,

7 national certification, recruitment and retention,

8 staff development, and the availability of educational

9 assistance (including scholarship, tuition reimburse10 ment, and loan repayment assistance); and

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

12 Under Secretary for Health shall specify.’’.

13 SEC. 203. TEMPORARY FULL-TIME APPOINTMENTS OF CER14 TAIN MEDICAL PERSONNEL.

15 (a) PHYSICIAN ASSISTANTS AWAITING CERTIFI16 CATION OR LICENSURE.—Paragraph (2) of section

17 7405(c) is amended—

18 (1) by striking ‘‘nursing,’’ and inserting ‘‘nurs19 ing’’; and

20 (2) by inserting ‘‘who have successfully com21 pleted a full course of training as a physician assist22 ant in a recognized school approved by the Sec23 retary,’’ before ‘‘or who’’.

24 (b) MEDICAL SUPPORT PERSONNEL.—That section

25 is further amended—
46

S 1810 ES

1 (1) by redesignating paragraph (3) as para2 graph (4); and

3 (2) by inserting after paragraph (2) the fol4 lowing new paragraph (3):

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

6 in positions referred to in subsection (a)(1)(D) shall not

7 exceed three years.

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

9 paragraph may be renewed for one or more additional pe10 riods not in excess of three years each.’’.

11 TITLE III—CONSTRUCTION AND

12 FACILITIES MATTERS

13 Subtitle A—Construction Matters

14 SEC. 301. AUTHORIZATION OF MAJOR MEDICAL FACILITY

15 PROJECTS FOR FISCAL YEAR 2001.

16 The Secretary of Veterans Affairs may carry out the

17 following major medical projects, with each project to be

18 carried out in the amount specified for that project:

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

20 facility at the Department of Veterans Affairs Palo

21 Alto Health Care System, Menlo Park Division,

22 California, $26,600,000.

23 (2) Construction of a nursing home at the De24 partment of Veterans Affairs Medical Center, Beck25 ley, West Virginia, $9,500,000.
47

S 1810 ES

1 SEC. 302. AUTHORIZATION OF ADDITIONAL MAJOR MED2 ICAL FACILITY PROJECT FOR FISCAL YEAR

3 2000.

4 Section 401 of the Veterans Millennium Health Care

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

6 is amended by adding at the end the following:

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

8 the Department of Veterans Affairs Medical Center,

9 Murfreesboro, Tennessee, in an amount not to ex10 ceed $14,000,000.’’.

11 SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

12 (a) AUTHORIZATION OF APPROPRIATIONS FOR FIS13 CAL YEAR 2001 PROJECTS.—There are authorized to be

14 appropriated to the Secretary of Veterans Affairs for fiscal

15 year 2001 and for fiscal year 2002, $36,100,000 for the

16 Construction, Major Projects, account for the projects au17 thorized in section 301.

18 (b) AUTHORIZATION OF APPROPRIATIONS FOR ADDI19 TIONAL FISCAL YEAR 2000 PROJECT.—Section 403 of the

20 Veterans Millennium Health Care and Benefits Act (Pub21 lic Law 106–117; 113 Stat. 1573) is amended—

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

23 ‘‘$57,500,000 for the projects authorized in para24 graphs (1) through (5)’’ and inserting ‘‘$71,500,000

25 for the projects authorized in paragraphs (1)

26 through (5) and (7)’’; and
48

S 1810 ES

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

2 after ‘‘through (5)’’ in the matter preceding para3 graph (1).

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

5 301 may only be carried out using—

6 (1) funds appropriated for fiscal year 2001 or

7 fiscal year 2002 pursuant to the authorization of ap8 propriations in subsection (a);

9 (2) funds appropriated for Construction, Major

10 Projects for a fiscal year before fiscal year 2001 that

11 remain available for obligation; and

12 (3) funds appropriated for Construction, Major

13 Projects for fiscal year 2001 for a category of activ14 ity not specific to a project.

15 Subtitle B—Other Matters

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

17 VETERANS AFFAIRS PROPERTY FOR HOME18 LESS PURPOSES.

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

20 years’’ and inserting ‘‘20 years’’.

21 SEC. 312. LAND CONVEYANCE, MILES CITY VETERANS AD22 MINISTRATION MEDICAL COMPLEX, MILES

23 CITY, MONTANA.

24 (a) CONVEYANCE REQUIRED.—The Secretary of Vet25 erans Affairs shall convey, without consideration, to Cus-
49

S 1810 ES

1 ter County, Montana (in this section referred to as the

2 ‘‘County’’), all right, title, and interest of the United

3 States in and to the parcels of real property consisting

4 of the Miles City Veterans Administration Medical Center

5 complex, which has served as a medical and support com6 plex for the Department of Veterans Affairs in Miles City,

7 Montana.

8 (b) TIMING OF CONVEYANCE.—The conveyance re9 quired by subsection (a) shall be made as soon as prac10 ticable after the date of the enactment of this Act.

11 (c) CONDITIONS OF CONVEYANCE.—The conveyance

12 required by subsection (a) shall be subject to the condition

13 that the County—

14 (1) use the parcels conveyed, whether directly

15 or through an agreement with a public or private en16 tity, for veterans activities, community and economic

17 development, or such other public purposes as the

18 County considers appropriate; or

19 (2) convey the parcels to an appropriate public

20 or private entity for use for the purposes specified

21 in paragraph (1).

22 (d) CONVEYANCE OF IMPROVEMENTS.—(1) As part

23 of the conveyance required by subsection (a), the Sec24 retary may also convey to the County any improvements,

25 equipment, fixtures, and other personal property located
50

S 1810 ES

1 on the parcels conveyed under that subsection that are not

2 required by the Secretary.

3 (2) Any conveyance under this subsection shall be

4 without consideration.

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

6 the real property to be conveyed under subsection (a) is

7 conveyed by deed under this section, the Secretary may

8 continue to lease the real property, together with any im9 provements thereon, under the terms and conditions of the

10 current lease of the real property.

11 (f) MAINTENANCE PENDING CONVEYANCE.—The

12 Secretary shall be responsible for maintaining the real

13 property to be conveyed under subsection (a), and any im14 provements, equipment, fixtures, and other personal prop15 erty to be conveyed under subsection (d), in its condition

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

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

18 fixtures, and other personal property are conveyed by deed

19 under this section.

20 (g) LEGAL DESCRIPTION.—The exact acreage and

21 legal description of the real property to be conveyed under

22 subsection (a) shall be determined by a survey satisfactory

23 to the Secretary.

24 (h) ADDITIONAL TERMS AND CONDITIONS.—The

25 Secretary may require such additional terms and condi-
51

S 1810 ES

1 tions in connection with the conveyance under this section

2 as the Secretary determines appropriate to protect the in3 terests of the United States.

4 SEC. 313. CONVEYANCE OF FT. LYON DEPARTMENT OF VET5 ERANS AFFAIRS MEDICAL CENTER, COLO6 RADO, TO THE STATE OF COLORADO.

7 (a) CONVEYANCE AUTHORIZED.—Notwithstanding

8 any other provision of law and subject to the provisions

9 of this section, the Secretary of Veterans Affairs may con10 vey, without consideration, to the State of Colorado all

11 right, title, and interest of the United States in and to

12 a parcel of real property, including improvements thereon,

13 consisting of approximately 512 acres and comprising the

14 location of the Ft. Lyon Department of Veterans Affairs

15 Medical Center. The purpose of the conveyance is to per16 mit the State of Colorado to utilize the property for pur17 poses of a correctional facility.

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

19 make the conveyance of real property authorized by sub20 section (a) unless the State of Colorado agrees to provide

21 appropriate public access to Kit Carson Chapel, which is

22 located on the real property, and the cemetery located ad23 jacent to the real property.

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

25 specified in paragraph (1) with respect to Kit Carson
52

S 1810 ES

1 Chapel by relocating the chapel to Fort Lyon National

2 Cemetery, Colorado, or another appropriate location ap3 proved by the Secretary.

4 (c) PLAN REGARDING CONVEYANCE.—(1) The Sec5 retary may not make the conveyance authorized by sub6 section (a) before the date on which the Secretary imple7 ments a plan providing the following:

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

9 1741 of title 38, United States Code, that veterans

10 who are receiving inpatient or institutional long-term

11 care at Ft. Lyon Department of Veterans Affairs

12 Medical Center as of the date of the enactment of

13 this Act are provided appropriate inpatient or insti14 tutional long-term care under the same terms and

15 conditions as such veterans are receiving inpatient

16 or institutional long-term care as of that date.

17 (B) That the conveyance of the Ft. Lyon De18 partment of Veterans Affairs Medical Center does

19 not result in a reduction of health care services

20 available to veterans in the catchment area of the

21 Medical Center.

22 (C) Improvements in veterans’ overall access to

23 health care in the catchment area through, for ex24 ample, the opening of additional outpatient clinics.
53

S 1810 ES

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

2 in paragraph (1) in consultation with appropriate rep3 resentatives of veterans service organizations and other

4 appropriate organizations.

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

6 referred to in paragraph (1) before implementation of the

7 plan.

8 (d) ENVIRONMENTAL RESTORATION.—The Secretary

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

10 until the Secretary completes the evaluation and perform11 ance of any environmental restoration activities required

12 by the Comprehensive Environmental Response, Com13 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et

14 seq.), and by any other provision of law.

15 (e) PERSONAL PROPERTY.—As part of the convey16 ance authorized by subsection (a), the Secretary may con17 vey, without consideration, to the State of Colorado any

18 furniture, fixtures, equipment, and other personal prop19 erty associated with the property conveyed under that sub20 section that the Secretary determines is not required for

21 purposes of the Department of Veterans Affairs health

22 care facilities to be established by the Secretary in south23 ern Colorado or for purposes of Fort Lyon National Ceme24 tery.
54

S 1810 ES

1 (f) LEGAL DESCRIPTION.—The exact acreage and

2 legal description of the real property to be conveyed under

3 subsection (a) shall be determined by a survey satisfactory

4 to the Secretary. Any costs associated with the survey

5 shall be borne by the State of Colorado.

6 (g) ADDITIONAL TERMS AND CONDITIONS.—The

7 Secretary may require such other terms and conditions in

8 connection with the conveyances authorized by subsections

9 (a) and (e) as the Secretary considers appropriate to pro10 tect the interests of the United States.

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

12 OF VETERANS AFFAIRS MEDICAL CENTER ON

13 ADMINISTRATION OF HEALTH CARE FOR

14 VETERANS.

15 (a) PAYMENT FOR NURSING HOME CARE.—Notwith16 standing any limitation under section 1720 or 1741 of title

17 38, United States Code, the Secretary of Veterans Affairs

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

19 home care facility, for costs incurred in providing nursing

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

21 Lyon Department of Veterans Affairs Medical Center,

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

23 as the case may be, as a result of the closure of the Ft.

24 Lyon Department of Veterans Affairs Medical Center.
55

S 1810 ES

1 (b) OBLIGATION TO PROVIDE EXTENDED CARE

2 SERVICES.—Nothing in section 313 of this Act or this sec3 tion may be construed to alter or otherwise effect the obli4 gation of the Secretary to meet the requirements of section

5 1710B(b) of title 38, United States Code, relating to staff6 ing and levels of extended care services in fiscal years after

7 fiscal year 1998.

8 (c) EXTENSION OF VOLUNTARY EARLY RETIREMENT

9 AUTHORITY.—Notwithstanding section 1109(a) of the De10 partment of Veterans Affairs Employment Reduction As11 sistance Act of 1999 (title XI of Public Law 106–117;

12 113 Stat. 1599; 5 U.S.C. 5597 note), the authority to pay

13 voluntary separation incentive payments under that Act

14 to employees of the Ft. Lyon Department of Veterans Af15 fairs Medical Center shall apply to eligible employees (as

16 defined by section 1110 of that Act) at the Ft. Lyon De17 partment of Veterans Affairs Medical Center whose sepa18 ration occurs before June 30, 2001.

19 (d) REPORT ON VETERANS HEALTH CARE IN

20 SOUTHERN COLORADO.—Not later than one year after the

21 conveyance, if any, authorized by section 313, the Under

22 Secretary for Health of the Department of Veterans Af23 fairs, acting through the Director of Veterans Integrated

24 Service Network (VISN) 19, shall submit to the Commit25 tees on Veterans’ Affairs of the Senate and the House of
56

S 1810 ES

1 Representatives a report on the status of the health care

2 system for veterans under the Network in the Southern

3 Colorado. The report shall describe any improvements to

4 the system in Southern Colorado that have been put into

5 effect in the period beginning on the date of the convey6 ance and ending on the date of the report.

Passed the Senate September 21, 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 1810

AN ACT

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.