IV

105TH CONGRESS

2D SESSION H. RES. 592

Providing for the concurrence by the House with amendments in the Senate

amendment to H.R. 4110.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 10, 1998

Mr. STUMP submitted the following resolution; which was considered and

agreed to

RESOLUTION

Providing for the concurrence by the House with

amendments in the Senate amendment to H.R. 4110.

1 Resolved, That upon the adoption of this resolution

2 the House shall be considered to have taken from the

3 Speaker’s table the bill H.R. 4110, with the amendment

4 of the Senate thereto, and to have concurred in the

5 amendment of the Senate with the following amendments:

6 (1) Amend the title so as to read: ‘‘An Act to

7 amend title 38, United States Code, to improve ben8 efits and services provided to Persian Gulf War vet9 erans, to provide a cost-of-living adjustment in rates

10 of compensation paid to veterans with service-con-
2

•HRES 592 ATH

1 nected disabilities, to enhance programs providing

2 health care, compensation, education, insurance, and

3 other benefits for veterans, and for other purposes.

4 (2) In lieu of the matter proposed to be in5 serted by the amendment of the Senate, insert the

6 following:

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

9 ‘‘Veterans Programs Enhancement Act of 1998’’.

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

11 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—PROVISIONS RELATING TO VETERANS OF PERSIAN

GULF WAR AND FUTURE CONFLICTS

Sec. 101. Agreement with National Academy of Sciences regarding evaluation

of health consequences of service in Southwest Asia during the

Persian Gulf War.

Sec. 102. Health care for veterans of Persian Gulf War and future conflicts.

Sec. 103. National center on war-related illnesses and post-deployment health

issues.

Sec. 104. Coordination of activities.

Sec. 105. Improving effectiveness of care of Persian Gulf War veterans.

Sec. 106. Contract for independent recommendations on research and for development of curriculum on care of Persian Gulf War veterans.

Sec. 107. Extension and improvement of evaluation of health status of spouses

and children of Persian Gulf War veterans.

TITLE II—EDUCATION AND EMPLOYMENT

Subtitle A—Education Matters

Sec. 201. Calculation of reporting fee based on total veteran enrollment during

a calendar year.

Sec. 202. Election of advance payment of work-study allowance.

Sec. 203. Alternative to twelve semester hour equivalency requirement.

Sec. 204. Medical evidence for flight training requirements.

Sec. 205. Waiver of wage increase and minimum payment rate requirements for

government job training program approval.

Sec. 206. Expansion of education outreach services.
3

•HRES 592 ATH

Sec. 207. Information on minimum requirements for education benefits for

members of the Armed Forces discharged early from duty for

the convenience of the Government.

Subtitle B—Uniformed Services Employment and Reemployment Rights Act

Amendments

Sec. 211. Enforcement of rights with respect to a State as an employer.

Sec. 212. Protection of extraterritorial employment and reemployment rights of

members of the uniformed services.

Sec. 213. Complaints relating to reemployment of members of the uniformed

services in Federal service.

TITLE III—COMPENSATION, PENSION, AND INSURANCE

Sec. 301. Medal of Honor special pension.

Sec. 302. Accelerated death benefit for Servicemembers’ Group Life Insurance

and Veterans’ Group Life Insurance participants.

Sec. 303. Assessment of effectiveness of insurance and survivor benefits programs for survivors of veterans with service-connected disabilities.

Sec. 304. National Service Life Insurance program.

TITLE IV—MEMORIAL AFFAIRS

Sec. 401. Commemoration of individuals whose remains are unavailable for interment.

Sec. 402. Merchant mariner burial and cemetery benefits.

Sec. 403. Redesignation of National Cemetery System and establishment of

Under Secretary for Memorial Affairs.

Sec. 404. State cemetery grants program.

TITLE V—COURT OF VETERANS APPEALS

Subtitle A—Administrative Provisions Relating to the Court

Sec. 501. Continuation in office of judges pending confirmation for second

term.

Sec. 502. Exemption of retirement fund from sequestration orders.

Sec. 503. Adjustments for survivor annuities.

Sec. 504. Reports on retirement program modifications.

Subtitle B—Renaming of Court

Sec. 511. Renaming of the Court of Veterans Appeals.

Sec. 512. Conforming amendments.

Sec. 513. Effective date.

TITLE VI—HOUSING

Sec. 601. Loan guarantee for multifamily transitional housing for homeless veterans.

Sec. 602. Veterans housing benefit program fund account consolidation.

Sec. 603. Extension of eligibility of members of Selected Reserve for veterans

housing loans.

Sec. 604. Applicability of procurement law to certain contracts of department

of veterans affairs.
4

•HRES 592 ATH

TITLE VII—CONSTRUCTION AND FACILITIES MATTERS

Sec. 701. Authorization of major medical facility projects.

Sec. 702. Authorization of major medical facility leases.

Sec. 703. Authorization of appropriations.

Sec. 704. Increase in threshold for major medical facility leases for purposes of

congressional authorization.

Sec. 705. Threshold for treatment of parking facility project as a major medical

facility project.

Sec. 706. Parking fees.

Sec. 707. Master plan regarding use of Department of Veterans Affairs lands

at West Los Angeles Medical Center, California.

Sec. 708. Designation of Department of Veterans Affairs Medical Center,

Aspinwall, Pennsylvania.

Sec. 709. Designation of Department of Veterans Affairs Medical Center,

Gainesville, Florida.

Sec. 710. Designation of Department of Veterans Affairs outpatient clinic, Columbus, Ohio.

TITLE VIII—HEALTH PROFESSIONALS EDUCATIONAL

ASSISTANCE

Sec. 801. Short title.

Sec. 802. Scholarship program for Department of Veterans Affairs employees

receiving education or training in the health professions.

Sec. 803. Education debt reduction program for Veterans Health Administration health professionals.

Sec. 804. Repeal of prohibition on payment of tuition loans.

Sec. 805. Conforming amendments.

Sec. 806. Coordination with appropriations provision.

TITLE IX—MISCELLANEOUS MEDICAL CARE AND MEDICAL

ADMINISTRATION PROVISIONS

Sec. 901. Examinations and care associated with certain radiation treatment.

Sec. 902. Extension of authority to counsel and treat veterans for sexual trauma.

Sec. 903. Management of specialized treatment and rehabilitative programs.

Sec. 904. Authority to use for operating expenses of Department of Veterans

Affairs medical facilities amounts available by reason of the

limitation on pension for veterans receiving nursing home care.

Sec. 905. Report on nurse locality pay.

Sec. 906. Annual report on program and expenditures of Department of Veterans Affairs for domestic response to weapons of mass destruction.

Sec. 907. Interim appointment of Under Secretary for Health.

TITLE X—OTHER MATTERS

Sec. 1001. Requirement for naming of Department property.

Sec. 1002. Members of the Board of Veterans’ Appeals.

Sec. 1003. Flexibility in docketing and hearing of appeals by Board of Veterans’ Appeals.

Sec. 1004. Disabled veterans outreach program specialists.

Sec. 1005. Technical amendments.

TITLE XI—COMPENSATION COST-OF-LIVING ADJUSTMENT
5

•HRES 592 ATH

Sec. 1101. Increase in rates of disability compensation and dependency and indemnity compensation.

Sec. 1102. Publication of adjusted rates.

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

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

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

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

7 TITLE I—PROVISIONS RELATING

8 TO VETERANS OF PERSIAN

9 GULF WAR AND FUTURE CON10 FLICTS

11 SEC. 101. AGREEMENT WITH NATIONAL ACADEMY OF

12 SCIENCES REGARDING EVALUATION OF

13 HEALTH CONSEQUENCES OF SERVICE IN

14 SOUTHWEST ASIA DURING THE PERSIAN

15 GULF WAR.

16 (a) PURPOSE.—The purpose of this section is to pro17 vide for the National Academy of Sciences, an independent

18 nonprofit scientific organization with appropriate expertise

19 which is not a part of the Federal Government, to review

20 and evaluate the available scientific evidence regarding as21 sociations between illness and service in the Persian Gulf

22 War.

23 (b) AGREEMENT.—(1) The Secretary of Veterans Af24 fairs shall seek to enter into an agreement with the Na-
6

•HRES 592 ATH

1 tional Academy of Sciences for the Academy to perform

2 the activities covered by this section. The Secretary shall

3 seek to enter into the agreement not later than two

4 months after the date of the enactment of this Act.

5 (2)(A) If the Secretary is unable within the time pe6 riod set forth in paragraph (1) to enter into an agreement

7 with the Academy for the purposes of this section on terms

8 acceptable to the Secretary, the Secretary shall seek to

9 enter into an agreement for purposes of this section with

10 another appropriate scientific organization that is not part

11 of the Government, operates as a not-for-profit entity, and

12 has expertise and objectivity comparable to that of the

13 Academy.

14 (B) If the Secretary enters into an agreement with

15 another organization under this paragraph, any reference

16 in this section to the National Academy of Sciences shall

17 be treated as a reference to such other organization.

18 (c) REVIEW OF SCIENTIFIC EVIDENCE.—(1) Under

19 the agreement under subsection (b), the National Acad20 emy of Sciences shall conduct a comprehensive review and

21 evaluation of the available scientific and medical informa22 tion regarding the health status of Gulf War veterans and

23 the health consequences of exposures to risk factors dur24 ing service in the Persian Gulf War. In conducting such

25 review and evaluation, the Academy shall—
7

•HRES 592 ATH

1 (A) identify the biological, chemical, or other

2 toxic agents, environmental or wartime hazards, or

3 preventive medicines or vaccines (including the

4 agents specified in subsection (d)(1)) to which mem5 bers of the Armed Forces who served in the South6 west Asia theater of operations during the Persian

7 Gulf War may have been exposed by reason of such

8 service;

9 (B) identify the illnesses associated with the

10 agents, hazards, or medicines or vaccines identified

11 under subparagraph (A); and

12 (C) identify the illnesses (including diagnosed

13 illnesses and undiagnosed illnesses) for which there

14 is scientific evidence of a higher prevalence among

15 populations of Gulf War veterans when compared

16 with other appropriate populations of individuals.

17 (2) In identifying illnesses under subparagraphs (B)

18 and (C) of paragraph (1), the Academy shall review and

19 summarize the relevant scientific evidence regarding ill20 nesses, including symptoms, adverse reproductive health

21 outcomes, and mortality, among the members described

22 in paragraph (1)(A) and among other appropriate popu23 lations of individuals.

24 (3) In conducting the review and evaluation under

25 paragraph (1), the Academy shall, for each illness identi-
8

•HRES 592 ATH

1 fied under subparagraph (B) or (C) of that paragraph,

2 assess the latency period, if any, between service or expo3 sure to any potential risk factor (including an agent, haz4 ard, or medicine or vaccine identified under subparagraph

5 (A) of that paragraph) and the manifestation of such ill6 ness.

7 (d) SPECIFIED AGENTS.—(1) In identifying under

8 subsection (c)(1)(A) the agents, hazards, or preventive

9 medicines or vaccines to which members of the Armed

10 Forces may have been exposed, the National Academy of

11 Sciences shall consider the following:

12 (A) The following organophosphorous pes13 ticides:

14 (i) Chlorpyrifos.

15 (ii) Diazinon.

16 (iii) Dichlorvos.

17 (iv) Malathion.

18 (B) The following carbamate pesticides:

19 (i) Proxpur.

20 (ii) Carbaryl.

21 (iii) Methomyl.

22 (C) The carbamate pyridostigmine bromide

23 used as nerve agent prophylaxis.

24 (D) The following chlorinated hydrocarbons and

25 other pesticides and repellents:
9

•HRES 592 ATH

1 (i) Lindane.

2 (ii) Pyrethrins.

3 (iii) Permethrins.

4 (iv) Rodenticides (bait).

5 (v) Repellent (DEET).

6 (E) The following low-level nerve agents and

7 precursor compounds at exposure levels below those

8 which produce immediately apparent incapacitating

9 symptoms:

10 (i) Sarin.

11 (ii) Tabun.

12 (F) The following synthetic chemical com13 pounds:

14 (i) Mustard agents at levels below those

15 which cause immediate blistering.

16 (ii) Volatile organic compounds.

17 (iii) Hydrazine.

18 (iv) Red fuming nitric acid.

19 (v) Solvents.

20 (G) The following sources of radiation:

21 (i) Depleted uranium.

22 (ii) Microwave radiation.

23 (iii) Radio frequency radiation.

24 (H) The following environmental particulates

25 and pollutants:
10

•HRES 592 ATH

1 (i) Hydrogen sulfide.

2 (ii) Oil fire byproducts.

3 (iii) Diesel heater fumes.

4 (iv) Sand micro-particles.

5 (I) Diseases endemic to the region (including

6 the following):

7 (i) Leishmaniasis.

8 (ii) Sandfly fever.

9 (iii) Pathogenic escherichia coli.

10 (iv) Shigellosis.

11 (J) Time compressed administration of multiple

12 live, ‘attenuated’, and toxoid vaccines.

13 (2) The consideration of agents, hazards, and medi14 cines and vaccines under paragraph (1) shall not preclude

15 the Academy from identifying other agents, hazards, or

16 medicines or vaccines to which members of the Armed

17 Forces may have been exposed for purposes of any report

18 under subsection (h).

19 (3) Not later than six months after entry into the

20 agreement under subsection (b), the Academy shall submit

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

22 the House of Representatives a report specifying the

23 agents, hazards, and medicines and vaccines considered

24 under paragraph (1).
11

•HRES 592 ATH

1 (e) SCIENTIFIC DETERMINATIONS CONCERNING ILL2 NESSES.—(1) For each illness identified under subpara3 graph (B) or (C) of subsection (c)(1), the National Acad4 emy of Sciences shall determine (to the extent available

5 scientific evidence permits) whether there is scientific evi6 dence of an association of that illness with Gulf War serv7 ice or exposure during Gulf War service to one or more

8 agents, hazards, or medicines or vaccines. In making those

9 determinations, the Academy shall consider—

10 (A) the strength of scientific evidence, the

11 replicability of results, the statistical significance of

12 results, and the appropriateness of the scientific

13 methods used to detect the association;

14 (B) in any case where there is evidence of an

15 apparent association, whether there is reasonable

16 confidence that that apparent association is not due

17 to chance, bias, or confounding;

18 (C) the increased risk of the illness among

19 human or animal populations exposed to the agent,

20 hazard, or medicine or vaccine;

21 (D) whether a plausible biological mechanism or

22 other evidence of a causal relationship exists between

23 exposure to the agent, hazard, or medicine or vac24 cine and the illness;
12

•HRES 592 ATH

1 (E) in any case where information about expo2 sure levels is available, whether the evidence indi3 cates that the levels of exposure of the studied popu4 lations were of the same magnitude as the estimated

5 likely exposures of Gulf War veterans; and

6 (F) whether there is an increased risk of illness

7 among Gulf War veterans in comparison with appro8 priate peer groups.

9 (2) The Academy shall include in its reports under

10 subsection (h) a full discussion of the scientific evidence

11 and reasoning that led to its conclusions under this sub12 section.

13 (f) RECOMMENDATIONS FOR ADDITIONAL SCI14 ENTIFIC STUDIES.—(1) Under the agreement under sub15 section (b), the National Academy of Sciences shall make

16 any recommendations that it considers appropriate for ad17 ditional scientific studies (including studies relating to

18 treatment models) to resolve areas of continuing scientific

19 uncertainty relating to the health consequences of service

20 in the Persian Gulf War or exposure to toxic agents, envi21 ronmental or wartime hazards, or preventive medicines or

22 vaccines associated with Gulf War service.

23 (2) In making recommendations for additional stud24 ies, the Academy shall consider the available scientific

25 data, the value and relevance of the information that could
13

•HRES 592 ATH

1 result from such studies, and the cost and feasibility of

2 carrying out such studies.

3 (g) SUBSEQUENT REVIEWS.—(1) Under the agree4 ment under subsection (b), the National Academy of

5 Sciences shall conduct on a periodic and ongoing basis ad6 ditional reviews of the evidence and data relating to its

7 activities under this section.

8 (2) As part of each review under this subsection, the

9 Academy shall—

10 (A) conduct as comprehensive a review as is

11 practicable of the information referred to in sub12 section (c), the evidence referred to in subsection (e),

13 and the data referred to in subsection (f) that be14 came available since the last review of such informa15 tion, evidence, and data under this section; and

16 (B) make determinations under the subsections

17 referred to in subparagraph (A) on the basis of the

18 results of such review and all other reviews pre19 viously conducted for purposes of this section.

20 (h) REPORTS BY ACADEMY.—(1) Under the agree21 ment under subsection (b), the National Academy of

22 Sciences shall submit to the Committees on Veterans’ Af23 fairs of the Senate and the House of Representatives and

24 the Secretary of Veterans Affairs periodic written reports

25 regarding the Academy’s activities under the agreement.
14

•HRES 592 ATH

1 (2) The first report under paragraph (1) shall be sub2 mitted not later than two years after entry into the agree3 ment under subsection (b). That report shall include—

4 (A) the determinations and discussion referred

5 to in subsection (e); and

6 (B) any recommendations of the Academy

7 under subsection (f).

8 (3) Reports shall be submitted under this subsection

9 at least once every two years, as measured from the date

10 of the report under paragraph (2).

11 (4) In any report under this subsection (other than

12 the report under paragraph (2)), the Academy may specify

13 an absence of meaningful developments in the scientific

14 or medical community with respect to the activities of the

15 Academy under this section during the two-year period

16 ending on the date of such report.

17 (i) REPORTS BY SECRETARY.—(1) The Secretary

18 shall review each report from the Academy under sub19 section (h). As part of such review, the Secretary shall

20 seek comments on, and evaluation of, the Academy’s re21 port from the heads of other affected departments and

22 agencies of the United States.

23 (2) Based upon a review under paragraph (1), the

24 Secretary shall submit to the Committees on Veterans’ Af25 fairs of the Senate and the House of Representatives a
15

•HRES 592 ATH

1 report on the available scientific and medical information

2 regarding the health consequences of Persian Gulf War

3 service and of exposures to risk factors during service in

4 the Persian Gulf War. The Secretary shall include in the

5 report the Secretary’s recommendations as to whether

6 there is sufficient evidence to warrant a presumption of

7 service-connection for the occurrence of a specified condi8 tion in Gulf War veterans. In determining whether to

9 make such a recommendation, the Secretary shall consider

10 the matters specified in subparagraphs (A) through (F)

11 of subsection (e)(1).

12 (3) The report under this subsection shall be submit13 ted not later than 120 days after the date on which the

14 Secretary receives the report from the Academy.

15 (j) SUNSET.—This section shall cease to be effective

16 11 years after the last day of the fiscal year in which the

17 National Academy of Sciences enters into an agreement

18 with the Secretary under subsection (b).

19 (k) DEFINITION.—In this section, the term ‘‘toxic

20 agent, environmental or wartime hazard, or preventive

21 medicine or vaccine associated with Gulf War service’’

22 means a biological, chemical, or other toxic agent, environ23 mental or wartime hazard, or preventive medicine or vac24 cine that is known or presumed to be associated with serv25 ice in the Armed Forces in the Southwest Asia theater
16

•HRES 592 ATH

1 of operations during the Persian Gulf War, whether such

2 association arises as a result of single, repeated, or sus3 tained exposure and whether such association arises

4 through exposure singularly or in combination.

5 SEC. 102. HEALTH CARE FOR VETERANS OF PERSIAN GULF

6 WAR AND FUTURE CONFLICTS.

7 (a) AUTHORITY.—Section 1710(e) is amended—

8 (1) by adding at the end of paragraph (1) the

9 following new subparagraph:

10 ‘‘(D) Subject to paragraphs (2) and (3), a veteran

11 who served on active duty in a theater of combat oper12 ations (as determined by the Secretary in consultation

13 with the Secretary of Defense) during a period of war

14 after the Persian Gulf War, or in combat against a hostile

15 force during a period of hostilities (as defined in section

16 1712A(a)(2)(B) of this title) after the date of the enact17 ment of this subparagraph, is eligible for hospital care,

18 medical services, and nursing home care under subsection

19 (a)(2)(F) for any illness, notwithstanding that there is in20 sufficient medical evidence to conclude that such condition

21 is attributable to such service.’’;

22 (2) in paragraph (2)(B), by inserting ‘‘or

23 (1)(D)’’ after ‘‘paragraph (1)(C)’’;

24 (3) in paragraph (3)—
17

•HRES 592 ATH

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

2 subparagraph (A);

3 (B) by striking out ‘‘December 31, 1998.’’

4 in subparagraph (B) and inserting in lieu there5 of ‘‘December 31, 2001; and’’; and

6 (C) by adding at the end the following new

7 subparagraph:

8 ‘‘(C) in the case of care for a veteran described

9 in paragraph (1)(D), after a period of two years be10 ginning on the date of the veteran’s discharge or re11 lease from active military, naval, or air service.’’;

12 and

13 (4) by adding at the end the following new

14 paragraph:

15 ‘‘(5) When the Secretary first provides care for veter16 ans using the authority provided in paragraph (1)(D), the

17 Secretary shall establish a system for collection and analy18 sis of information on the general health status and health

19 care utilization patterns of veterans receiving care under

20 that paragraph. Not later than 18 months after first pro21 viding care under such authority, the Secretary shall sub22 mit to Congress a report on the experience under that au23 thority. The Secretary shall include in the report any rec24 ommendations of the Secretary for extension of that au25 thority.’’.
18

•HRES 592 ATH

1 (b) IMPLEMENTATION REPORT.—Not later than Oc2 tober 1, 1999, the Secretary of Veterans Affairs shall sub3 mit to the Committees on Veterans’ Affairs of the Senate

4 and House of Representatives a report on the Secretary’s

5 plan for establishing and operating the system for collec6 tion and analysis of information required by paragraph (5)

7 of section 1710(e) of title 38, United States Code, as

8 added by subsection (a)(4).

9 SEC. 103. NATIONAL CENTER ON WAR-RELATED ILLNESSES

10 AND POST-DEPLOYMENT HEALTH ISSUES.

11 (a) ASSESSMENT.—The Secretary of Veterans Affairs

12 shall seek to enter into an agreement with the National

13 Academy of Sciences, or another appropriate independent

14 organization, under which such entity shall assist in devel15 oping a plan for the establishment of a national center

16 or national centers for the study of war-related illnesses

17 and post-deployment health issues. The purposes of such

18 a center may include—

19 (1) carrying out and promoting research re20 garding the etiologies, diagnosis, treatment, and pre21 vention of war-related illnesses and post-deployment

22 health issues; and

23 (2) promoting the development of appropriate

24 health policies, including monitoring, medical record-
19

•HRES 592 ATH

1 keeping, risk communication, and use of new tech2 nologies.

3 (b) RECOMMENDATIONS AND REPORT.—With respect

4 to such a center, an agreement under this section shall

5 provide for the Academy (or other entity) to—

6 (1) make recommendations regarding (A) de7 sign of an organizational structure or structures,

8 operational scope, staffing and resource needs, es9 tablishment of appropriate databases, the advan10 tages of single or multiple sites, mechanisms for im11 plementing recommendations on policy, and relation12 ship to academic or scientific entities, (B) the role

13 or roles that relevant Federal departments and

14 agencies should have in the establishment and oper15 ation of any such center or centers, and (C) such

16 other matters as it considers appropriate; and

17 (2) report to the Secretary, the Secretaries of

18 Defense and Health and Human Services, and the

19 Committees on Veterans’ Affairs of the Senate and

20 House of Representatives, not later than one year

21 after the date of the enactment of this Act, on its

22 recommendations.

23 (c) REPORT ON ESTABLISHMENT OF NATIONAL CEN24 TER.—Not later than 60 days after receiving the report

25 under subsection (b), the Secretaries specified in sub-
20

•HRES 592 ATH

1 section (b)(2) shall submit to the Committees on Veterans’

2 Affairs and Armed Services of the Senate and the Com3 mittees on Veterans’ Affairs and Natoinal Security of the

4 House of Representatives a joint report on the findings

5 and recommendations contained in that report. Such re6 port may set forth an operational plan for carrying out

7 any recommendation in that report to establish a national

8 center or centers for the study of war-related illnesses. No

9 action to carry out such plan may be taken after the sub10 mission of such report until the end of a 90-day period

11 following the date of the submission.

12 SEC. 104. COORDINATION OF ACTIVITIES.

13 Section 707 of the Persian Gulf War Veterans’

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

15 U.S.C. 527 note) is amended—

16 (1) in the heading, by striking out ‘‘GOVERN17 MENT ACTIVITIES ON HEALTH-RELATED RE18 SEARCH’’ and inserting the following: ‘‘HEALTH19 RELATED GOVERNMENT ACTIVITIES’’;

20 (2) in subsection (a), by striking out ‘‘re21 search’’; and

22 (3) by striking out subsection (b) and inserting

23 in lieu thereof the following:

24 ‘‘(b) PUBLIC ADVISORY COMMITTEE.—Not later than

25 January 1, 1999, the head of the department or agency
21

•HRES 592 ATH

1 designated under subsection (a) shall establish an advisory

2 committee consisting of members of the general public, in3 cluding Persian Gulf War veterans and representatives of

4 such veterans, to provide advice to the head of that depart5 ment or agency on proposed research studies, research

6 plans, or research strategies relating to the health con7 sequences of military service in the Southwest Asia theater

8 of operations during the Persian Gulf War. The depart9 ment or agency head shall consult with such advisory com10 mittee on a regular basis.

11 ‘‘(c) REPORTS.—(1) Not later than March 1 of each

12 year, the head of the department or agency designated

13 under subsection (a) shall submit to the Committees on

14 Veterans’ Affairs of the Senate and House of Representa15 tives a report on—

16 ‘‘(A) the status and results of all such research

17 activities undertaken by the executive branch during

18 the previous year; and

19 ‘‘(B) research priorities identified during that

20 year.

21 ‘‘(2)(A) Not later than 120 days after submission of

22 the epidemiological research study conducted by the De23 partment of Veterans Affairs entitled ‘VA National Survey

24 of Persian Gulf Veterans—Phase III’, the head of the de25 partment or agency designated under subsection (a) shall
22

•HRES 592 ATH

1 submit to the congressional committees specified in para2 graph (1) a report on the findings under that study and

3 any other pertinent medical literature.

4 ‘‘(B) With respect to any findings of that study and

5 any other pertinent medical literature which identify sci6 entific evidence of a greater relative risk of illness or ill7 nesses in family members of veterans who served in the

8 Persian Gulf War theater of operations than in family

9 members of veterans who did not so serve, the head of

10 the department or agency designated under subsection (a)

11 shall seek to ensure that appropriate research studies are

12 designed to follow up on such findings.

13 ‘‘(d) PUBLIC AVAILABILITY OF RESEARCH FIND14 INGS.—The head of the department or agency designated

15 under subsection (a) shall ensure that the findings of all

16 research conducted by or for the executive branch relating

17 to the health consequences of military service in the Per18 sian Gulf theater of operations during the Persian Gulf

19 War (including information pertinent to improving provi20 sion of care for veterans of such service) are made avail21 able to the public through peer-reviewed medical journals,

22 the World Wide Web, and other appropriate media.

23 ‘‘(e) OUTREACH.—The head of the department or

24 agency designated under subsection (a) shall ensure that

25 the appropriate departments consult and coordinate in
23

•HRES 592 ATH

1 carrying out an ongoing program to provide information

2 to those who served in the Southwest Asia theater of oper3 ations during the Persian Gulf War relating to (1) the

4 health risks, if any, resulting from any risk factors associ5 ated with such service, and (2) any services or benefits

6 available with respect to such health risks.’’.

7 SEC. 105. IMPROVING EFFECTIVENESS OF CARE OF PER8 SIAN GULF WAR VETERANS.

9 (a) ASSESSMENT BY NATIONAL ACADEMY OF

10 SCIENCES.—Not later than April 1, 1999, the Secretary

11 of Veterans Affairs shall enter into a contract with the

12 National Academy of Sciences to review the available sci13 entific data in order to—

14 (1) assess whether a methodology could be used

15 by the Department of Veterans Affairs for determin16 ing the efficacy of treatments furnished to, and

17 health outcomes (including functional status) of,

18 Persian Gulf War veterans who have been treated

19 for illnesses which may be associated with their serv20 ice in the Persian Gulf War; and

21 (2) identify, to the extent feasible, with respect

22 to each undiagnosed illness prevalent among such

23 veterans and for any other chronic illness that the

24 Academy determines to warrant such review, empiri25 cally valid models of treatment for such illness which
24

•HRES 592 ATH

1 employ successful treatment modalities for popu2 lations with similar symptoms.

3 (b) ACTION ON REPORT.—(1) After receiving the

4 final report of the National Academy of Sciences under

5 subsection (a), the Secretary shall, if a reasonable and sci6 entifically feasible methodology is identified by the Acad7 emy, develop an appropriate mechanism to monitor and

8 study the effectiveness of treatments furnished to, and

9 health outcomes of, Persian Gulf War veterans who suffer

10 from diagnosed and undiagnosed illnesses which may be

11 associated with their service in the Persian Gulf War.

12 (2) The Secretary shall submit to the Committees on

13 Veterans’ Affairs of the Senate and House of Representa14 tives a report on the implementation of paragraph (1).

15 (3) The Secretary shall carry out paragraphs (1) and

16 (2) not later than 180 days after receiving the final report

17 of the National Academy of Sciences under subsection (a).

18 SEC. 106. CONTRACT FOR INDEPENDENT RECOMMENDA19 TIONS ON RESEARCH AND FOR DEVELOP20 MENT OF CURRICULUM ON CARE OF PER21 SIAN GULF WAR VETERANS.

22 Section 706 of the Persian Gulf War Veterans’

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

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

25 following new subsection:
25

•HRES 592 ATH

1 ‘‘(d) RESEARCH REVIEW AND DEVELOPMENT OF

2 MEDICAL EDUCATION CURRICULUM.—(1) In order to fur3 ther understanding of the health consequences of military

4 service in the Persian Gulf theater of operations during

5 the Persian Gulf War and of new research findings with

6 implications for improving the provision of care for veter7 ans of such service, the Secretary of Veterans Affairs and

8 the Secretary of Defense shall seek to enter into an agree9 ment with the National Academy of Sciences under which

10 the Institute of Medicine of the Academy would—

11 ‘‘(A) develop a curriculum pertaining to the

12 care and treatment of veterans of such service who

13 have ill-defined or undiagnosed illnesses for use in

14 the continuing medical education of both general

15 and specialty physicians who provide care for such

16 veterans; and

17 ‘‘(B) on an ongoing basis, periodically review

18 and provide recommendations regarding the research

19 plans and research strategies of the Departments re20 lating to the health consequences of military service

21 in the Persian Gulf theater of operations during the

22 Persian Gulf War.

23 ‘‘(2) Recommendations to be provided under para24 graph (1)(B) include any recommendations that the Acad25 emy considers appropriate for additional scientific studies
26

•HRES 592 ATH

1 (including studies related to treatment models) to resolve

2 areas of continuing scientific uncertainty relating to the

3 health consequences of any aspects of such military serv4 ice. In making recommendations for additional studies, the

5 Academy shall consider the available scientific data, the

6 value and relevance of the information that could result

7 from such studies, and the cost and feasibility of carrying

8 out such studies.

9 ‘‘(3) Not later than nine months after the Institute

10 of Medicine provides the Secretaries the curriculum devel11 oped under paragraph (1)(A), the Secretaries shall provide

12 for the conduct of continuing education programs using

13 that curriculum. Those programs shall include instruction

14 which seeks to emphasize use of appropriate protocols of

15 diagnosis, referral, and treatment of such veterans.’’.

16 SEC. 107. EXTENSION AND IMPROVEMENT OF EVALUATION

17 OF HEALTH STATUS OF SPOUSES AND CHIL18 DREN OF PERSIAN GULF WAR VETERANS.

19 (a) ONE-YEAR EXTENSION.—Subsection (b) of sec20 tion 107 of the Persian Gulf War Veterans’ Benefits Act

21 (title I of Public Law 103–446; 38 U.S.C. 1117 note) is

22 amended by striking out ‘‘December 31, 1998’’ and insert23 ing in lieu thereof ‘‘December 31, 1999’’.
27

•HRES 592 ATH

1 (b) TERMINATION OF CERTAIN TESTING AND EVAL2 UATION REQUIREMENTS.—Subsection (a) of such section

3 is amended—

4 (1) by striking out ‘‘the’’ after ‘‘Secretary of’’;

5 (2) by striking out ‘‘study’’ both places it ap6 pears and inserting in lieu thereof ‘‘program’’; and

7 (3) by striking out the sentence following para8 graph (3).

9 (c) ENHANCED FLEXIBILITY IN EXAMINATIONS.—

10 Subsection (d) of such section is amended—

11 (1) by striking out ‘‘shall’’ and inserting in lieu

12 thereof ‘‘may’’; and

13 (2) by inserting ‘‘, including fee arrangements

14 described in section 1703 of title 38, United States

15 Code’’ after ‘‘arrangements’’.

16 (d) OUTREACH.—Subsection (g) of such section is

17 amended—

18 (1) by striking out ‘‘to ensure’’ and all that fol19 lows through the period at the end of paragraph (2)

20 and inserting in lieu thereof ‘‘for the purposes of the

21 program.’’; and

22 (2) by adding at the end the following new sen23 tence: ‘‘In conducting such outreach activities, the

24 Secretary shall advise that medical treatment is not

25 available under the program.’’.
28

•HRES 592 ATH

1 (e) REPORT TO CONGRESS.—Subsection (i) of such

2 section is amended to read as follows:

3 ‘‘(i) REPORT TO CONGRESS.—Not later than July 31,

4 1999, the Secretary shall submit to the Committees on

5 Veterans’ Affairs of the Senate and House of Representa6 tives a report on activities with respect to the program,

7 including the provision of services under subsection (d).’’.

8 TITLE II—EDUCATION AND

9 EMPLOYMENT

10 Subtitle A—Education Matters

11 SEC. 201. CALCULATION OF REPORTING FEE BASED ON

12 TOTAL VETERAN ENROLLMENT DURING A

13 CALENDAR YEAR.

14 (a) IN GENERAL.—The second sentence of section

15 3684(c) is amended by striking out ‘‘on October 31’’ and

16 all that follows through the period and inserting in lieu

17 thereof ‘‘during the calender year.’’.

18 (b) FUNDING.—Section 3684(c), as amended by sub19 section (a), is further amended by adding at the end the

20 following new sentence: ‘‘The reporting fee payable under

21 this subsection shall be paid from amounts appropriated

22 for readjustment benefits.’’.

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

24 this section shall apply with respect to calendar years be25 ginning after December 31, 1998.
29

•HRES 592 ATH

1 SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK2 STUDY ALLOWANCE.

3 (a) IN GENERAL.—The third sentence of section

4 3485(a)(1) is amended by striking out ‘‘An individual

5 shall be paid in advance’’ and inserting in lieu thereof ‘‘An

6 individual may elect, in a manner prescribed by the Sec7 retary, to be paid in advance’’.

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

9 subsection (a) shall apply with respect to agreements en10 tered into under section 3485 of title 38, United States

11 Code, on or after January 1, 1999.

12 SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR

13 EQUIVALENCY REQUIREMENT.

14 (a) IN GENERAL.—The following sections of chapter

15 30 are each amended by striking out ‘‘successfully com16 pleted’’ each place it appears and inserting in lieu thereof

17 ‘‘successfully completed (or otherwise received academic

18 credit for)’’: sections 3011(a)(2), 3012(a)(2),

19 3018(b)(4)(ii), 3018A(a)(2), 3018B(a)(1)(B),

20 3018B(a)(2)(B), and 3018C(a)(3).

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

22 subsection (a) shall take effect on October 1, 1998.

23 SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING RE24 QUIREMENTS.

25 (a) TITLE 38, UNITED STATES CODE.—Sections

26 3034(d)(2) and 3241(b)(2) are each amended—
30

•HRES 592 ATH

1 (1) by striking out ‘‘pilot’s license’’ each place

2 it appears and inserting in lieu thereof ‘‘pilot certifi3 cate’’; and

4 (2) by inserting ‘‘, on the day the individual be5 gins a course of flight training,’’ after ‘‘meets’’.

6 (b) TITLE 10, UNITED STATES CODE.—Section

7 16136(c)(2) of title 10, United States Code, is amended—

8 (1) by striking out ‘‘pilot’s license’’ each place

9 it appears and inserting in lieu thereof ‘‘pilot certifi10 cate’’; and

11 (2) by inserting ‘‘, on the day the individual be12 gins a course of flight training,’’ after ‘‘meets’’.

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

14 this section shall apply with respect to courses of flight

15 training beginning on or after October 1, 1998.

16 SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAY17 MENT RATE REQUIREMENTS FOR GOVERN18 MENT JOB TRAINING PROGRAM APPROVAL.

19 (a) IN GENERAL.—Section 3677(b) is amended—

20 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

21 (2) by redesignating paragraphs (1) and (2) as

22 subparagraphs (A) and (B), respectively;

23 (3) in subparagraph (A), as so redesignated, by

24 striking out ‘‘(A)’’ and ‘‘(B)’’ and inserting in lieu

25 thereof ‘‘(i)’’ and ‘‘(ii)’’, respectively; and
31

•HRES 592 ATH

1 (4) by adding at the end the following new

2 paragraph:

3 ‘‘(2) The requirement under paragraph (1)(A)(ii)

4 shall not apply with respect to a training establishment

5 operated by the United States or by a State or local gov6 ernment.’’.

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

8 subsection (a) shall apply with respect to approval of pro9 grams of training on the job under section 3677 of title

10 38, United States Code, on or after October 1, 1998.

11 SEC. 206. EXPANSION OF EDUCATION OUTREACH SERV12 ICES.

13 (a) EXPANSION OF EDUCATION OUTREACH SERV14 ICES TO MEMBERS OF THE ARMED FORCES.—Section

15 3034 is amended by adding at the end the following new

16 subsection:

17 ‘‘(e)(1) In the case of a member of the Armed Forces

18 who participates in basic educational assistance under this

19 chapter, the Secretary shall furnish the information de20 scribed in paragraph (2) to each such member. The Sec21 retary shall furnish such information as soon as prac22 ticable after the basic pay of the member has been reduced

23 by $1,200 in accordance with section 3011(b) or 3012(c)

24 of this title and at such additional times as the Secretary

25 determines appropriate.
32

•HRES 592 ATH

1 ‘‘(2) The information referred to in paragraph (1) is

2 information with respect to the benefits, limitations, pro3 cedures, eligibility requirements (including time-in-service

4 requirements), and other important aspects of the basic

5 educational assistance program under this chapter, includ6 ing application forms for such basic educational assistance

7 under section 5102 of this title.

8 ‘‘(3) The Secretary shall furnish the forms described

9 in paragraph (2) and other educational materials to edu10 cational institutions, training establishments, and military

11 education personnel, as the Secretary determines appro12 priate.

13 ‘‘(4) The Secretary shall use amounts appropriated

14 for readjustment benefits to carry out this subsection and

15 section 5102 of this title with respect to application forms

16 under that section for basic educational assistance under

17 this chapter.’’.

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

19 this section shall take effect 180 days after the date of

20 the enactment of this Act.
33

•HRES 592 ATH

1 SEC. 207. INFORMATION ON MINIMUM REQUIREMENTS FOR

2 EDUCATION BENEFITS FOR MEMBERS OF

3 THE ARMED FORCES DISCHARGED EARLY

4 FROM DUTY FOR THE CONVENIENCE OF THE

5 GOVERNMENT.

6 (a) ACTIVE DUTY PROGRAM.—Section 3011 is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(i) The Secretary concerned shall inform any mem10 ber of the Armed Forces who has not completed that mem11 ber’s initial obligated period of active duty (as described

12 in subsection (a)(1)(A)) and who indicates the intent to

13 be discharged or released from such duty for the conven14 ience of the Government of the minimum active duty re15 quirements for entitlement to educational assistance bene16 fits under this chapter. Such information shall be provided

17 to the member in a timely manner.’’.

18 (b) RESERVE PROGRAM.—Section 3012 is amended

19 by adding at the end the following new subsection:

20 ‘‘(g)(1) The Secretary concerned shall inform any

21 member of the Armed Forces who has not completed that

22 member’s initial service (as described in paragraph (2))

23 and who indicates the intent to be discharged or released

24 from such service for the convenience of the Government

25 of the minimum service requirements for entitlement to

26 educational assistance benefits under this chapter. Such
34

•HRES 592 ATH

1 information shall be provided to the member in a timely

2 manner.

3 ‘‘(2) The initial service referred to in paragraph (1)

4 is the initial obligated period of active duty (described in

5 subparagraphs (A)(i) or (B)(i) of subsection (a)(1)) or the

6 period of service in the Selected Reserve (described in sub7 paragraphs (A)(ii) or (B)(ii) of subsection (a)(1)).’’.

8 (c) REPORT TO CONGRESS.—Section 3036(b)(1) is

9 amended—

10 (1) by striking out ‘‘and (B)’’ and inserting in

11 lieu thereof ‘‘(B)’’; and

12 (2) by inserting before the semicolon the follow13 ing: ‘‘, and (C) describing the efforts under sections

14 3011(i) and 3012(g) of this title to inform members

15 of the Armed Forces of the minimum service re16 quirements for entitlement to educational assistance

17 benefits under this chapter and the results from

18 such efforts’’.

19 (d) EFFECTIVE DATES.—(1) The amendments made

20 by subsections (a) and (b) shall take effect 120 days after

21 the date of the enactment of this Act.

22 (2) The amendments made by subsection (c) shall

23 apply with respect to reports to Congress submitted by

24 the Secretary of Defense under section 3036 of title 38,

25 United States Code, on or after January 1, 2000.
35

•HRES 592 ATH

1 Subtitle B—Uniformed Services

2 Employment and Reemployment

3 Rights Act Amendments

4 SEC. 211. ENFORCEMENT OF RIGHTS WITH RESPECT TO A

5 STATE AS AN EMPLOYER.

6 (a) IN GENERAL.—Section 4323 is amended to read

7 as follows:

8 ‘‘§ 4323. Enforcement of rights with respect to a State

9 or private employer

10 ‘‘(a) ACTION FOR RELIEF.—(1) A person who re11 ceives from the Secretary a notification pursuant to sec12 tion 4322(e) of this title of an unsuccessful effort to re13 solve a complaint relating to a State (as an employer) or

14 a private employer may request that the Secretary refer

15 the complaint to the Attorney General. If the Attorney

16 General is reasonably satisfied that the person on whose

17 behalf the complaint is referred is entitled to the rights

18 or benefits sought, the Attorney General may appear on

19 behalf of, and act as attorney for, the person on whose

20 behalf the complaint is submitted and commence an action

21 for relief under this chapter for such person. In the case

22 of such an action against a State (as an employer), the

23 action shall be brought in the name of the United States

24 as the plaintiff in the action.
36

•HRES 592 ATH

1 ‘‘(2) A person may commence an action for relief with

2 respect to a complaint against a State (as an employer)

3 or a private employer if the person—

4 ‘‘(A) has chosen not to apply to the Secretary

5 for assistance under section 4322(a) of this title;

6 ‘‘(B) has chosen not to request that the Sec7 retary refer the complaint to the Attorney General

8 under paragraph (1); or

9 ‘‘(C) has been refused representation by the At10 torney General with respect to the complaint under

11 such paragraph.

12 ‘‘(b) JURISDICTION.—(1) In the case of an action

13 against a State (as an employer) or a private employer

14 commenced by the United States, the district courts of

15 the United States shall have jurisdiction over the action.

16 ‘‘(2) In the case of an action against a State (as an

17 employer) by a person, the action may be brought in a

18 State court of competent jurisdiction in accordance with

19 the laws of the State.

20 ‘‘(3) In the case of an action against a private em21 ployer by a person, the district courts of the United States

22 shall have jurisdiction of the action.

23 ‘‘(c) VENUE.—(1) In the case of an action by the

24 United States against a State (as an employer), the action

25 may proceed in the United States district court for any
37

•HRES 592 ATH

1 district in which the State exercises any authority or car2 ries out any function.

3 ‘‘(2) In the case of an action against a private em4 ployer, the action may proceed in the United States dis5 trict court for any district in which the private employer

6 of the person maintains a place of business.

7 ‘‘(d) REMEDIES.—(1) In any action under this sec8 tion, the court may award relief as follows:

9 ‘‘(A) The court may require the employer to

10 comply with the provisions of this chapter.

11 ‘‘(B) The court may require the employer to

12 compensate the person for any loss of wages or ben13 efits suffered by reason of such employer’s failure to

14 comply with the provisions of this chapter.

15 ‘‘(C) The court may require the employer to

16 pay the person an amount equal to the amount re17 ferred to in subparagraph (B) as liquidated dam18 ages, if the court determines that the employer’s

19 failure to comply with the provisions of this chapter

20 was willful.

21 ‘‘(2)(A) Any compensation awarded under subpara22 graph (B) or (C) of paragraph (1) shall be in addition

23 to, and shall not diminish, any of the other rights and

24 benefits provided for under this chapter.
38

•HRES 592 ATH

1 ‘‘(B) In the case of an action commenced in the name

2 of the United States for which the relief includes com3 pensation awarded under subparagraph (B) or (C) of

4 paragraph (1), such compensation shall be held in a spe5 cial deposit account and shall be paid, on order of the At6 torney General, directly to the person. If the compensation

7 is not paid to the person because of inability to do so with8 in a period of three years, the compensation shall be cov9 ered into the Treasury of the United States as miscellane10 ous receipts.

11 ‘‘(3) A State shall be subject to the same remedies,

12 including prejudgment interest, as may be imposed upon

13 any private employer under this section.

14 ‘‘(e) EQUITY POWERS.—The court may use its full

15 equity powers, including temporary or permanent injunc16 tions, temporary restraining orders, and contempt orders,

17 to vindicate fully the rights or benefits of persons under

18 this chapter.

19 ‘‘(f) STANDING.—An action under this chapter may

20 be initiated only by a person claiming rights or benefits

21 under this chapter under subsection (a) or by the United

22 States under subsection (a)(1).

23 ‘‘(g) RESPONDENT.—In any action under this chap24 ter, only an employer or a potential employer, as the case

25 may be, shall be a necessary party respondent.
39

•HRES 592 ATH

1 ‘‘(h) FEES, COURT COSTS.—(1) No fees or court

2 costs may be charged or taxed against any person claiming

3 rights under this chapter.

4 ‘‘(2) In any action or proceeding to enforce a provi5 sion of this chapter by a person under subsection (a)(2)

6 who obtained private counsel for such action or proceed7 ing, the court may award any such person who prevails

8 in such action or proceeding reasonable attorney fees, ex9 pert witness fees, and other litigation expenses.

10 ‘‘(i) INAPPLICABILITY OF STATE STATUTE OF LIMI11 TATIONS.—No State statute of limitations shall apply to

12 any proceeding under this chapter.

13 ‘‘(j) DEFINITION.—In this section, the term ‘private

14 employer’ includes a political subdivision of a State.’’.

15 (b) EFFECTIVE DATE.—(1) Section 4323 of title 38,

16 United States Code, as amended by subsection (a), shall

17 apply to actions commenced under chapter 43 of such title

18 on or after the date of the enactment of this Act, and

19 shall apply to actions commenced under such chapter be20 fore the date of the enactment of this Act that are not

21 final on the date of the enactment of this Act, without

22 regard to when the cause of action accrued.

23 (2) In the case of any such action against a State

24 (as an employer) in which a person, on the day before the

25 date of the enactment of this Act, is represented by the
40

•HRES 592 ATH

1 Attorney General under section 4323(a)(1) of such title

2 as in effect on such day, the court shall upon motion of

3 the Attorney General, substitute the United States as the

4 plaintiff in the action pursuant to such section as amended

5 by subsection (a).

6 SEC. 212. PROTECTION OF EXTRATERRITORIAL EMPLOY7 MENT AND REEMPLOYMENT RIGHTS OF MEM8 BERS OF THE UNIFORMED SERVICES.

9 (a) DEFINITION OF EMPLOYEE.—Section 4303(3) is

10 amended by adding at the end the following new sentence:

11 ‘‘Such term includes any person who is a citizen, national,

12 or permanent resident alien of the United States employed

13 in a workplace in a foreign country by an employer that

14 is an entity incorporated or otherwise organized in the

15 United States or that is controlled by an entity organized

16 in the United States, within the meaning of section

17 4319(c) of this title.’’.

18 (b) FOREIGN COUNTRIES.—(1) Subchapter II of

19 chapter 43 is amended by inserting after section 4318 the

20 following new section:

21 ‘‘§ 4319. Employment and reemployment rights in for22 eign countries

23 ‘‘(a) LIABILITY OF CONTROLLING UNITED STATES

24 EMPLOYER OF FOREIGN ENTITY.—If an employer con25 trols an entity that is incorporated or otherwise organized
41

•HRES 592 ATH

1 in a foreign country, any denial of employment, reemploy2 ment, or benefit by such entity shall be presumed to be

3 by such employer.

4 ‘‘(b) INAPPLICABILITY TO FOREIGN EMPLOYER.—

5 This subchapter does not apply to foreign operations of

6 an employer that is a foreign person not controlled by an

7 United States employer.

8 ‘‘(c) DETERMINATION OF CONTROLLING EM9 PLOYER.—For the purpose of this section, the determina10 tion of whether an employer controls an entity shall be

11 based upon the interrelations of operations, common man12 agement, centralized control of labor relations, and com13 mon ownership or financial control of the employer and

14 the entity.

15 ‘‘(d) EXEMPTION.—Notwithstanding any other provi16 sion of this subchapter, an employer, or an entity con17 trolled by an employer, shall be exempt from compliance

18 with any of sections 4311 through 4318 of this title with

19 respect to an employee in a workplace in a foreign country,

20 if compliance with that section would cause such employer,

21 or such entity controlled by an employer, to violate the

22 law of the foreign country in which the workplace is lo23 cated.’’.
42

•HRES 592 ATH

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

2 43 is amended by inserting after the item relating to sec3 tion 4318 the following new item:

‘‘4319. Employment and reemployment rights in foreign countries.’’.

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

5 this section shall apply only with respect to causes of ac6 tion arising after the date of the enactment of this Act.

7 SEC. 213. COMPLAINTS RELATING TO REEMPLOYMENT OF

8 MEMBERS OF THE UNIFORMED SERVICES IN

9 FEDERAL SERVICE.

10 (a) IN GENERAL.—The first sentence of paragraph

11 (1) of section 4324(c) is amended by inserting before the

12 period at the end the following: ‘‘, without regard as to

13 whether the complaint accrued before, on, or after October

14 13, 1994’’.

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

16 subsection (a) shall apply to complaints filed with the

17 Merit Systems Protection Board on or after October 13,

18 1994.

19 TITLE III—COMPENSATION,

20 PENSION, AND INSURANCE

21 SEC. 301. MEDAL OF HONOR SPECIAL PENSION.

22 (a) INCREASE.—Section 1562(a) is amended by strik23 ing out ‘‘$400’’ and inserting in lieu thereof ‘‘$600’’.

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

25 subsection (a) shall take effect on the first day of the first
43

•HRES 592 ATH

1 month beginning on or after the date of the enactment

2 of this Act.

3 SEC. 302. ACCELERATED DEATH BENEFIT FOR

4 SERVICEMEMBERS’ GROUP LIFE INSURANCE

5 AND VETERANS’ GROUP LIFE INSURANCE

6 PARTICIPANTS.

7 (a) IN GENERAL.—(1) Subchapter III of chapter 19

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

9 ‘‘§ 1980. Option to receive accelerated death benefit

10 ‘‘(a) For the purpose of this section, a person shall

11 be considered to be terminally ill if the person has a medi12 cal prognosis such that the life expectancy of the person

13 is less than a period prescribed by the Secretary. The max14 imum length of such period may not exceed 12 months.

15 ‘‘(b)(1) A terminally ill person insured under

16 Servicemembers’ Group Life Insurance or Veterans’

17 Group Life Insurance may elect to receive in a lump-sum

18 payment a portion of the face value of the insurance as

19 an accelerated death benefit reduced by an amount nec20 essary to assure that there is no increase in the actuarial

21 value of the benefit paid, as determined by the Secretary.

22 ‘‘(2) The Secretary shall prescribe the maximum

23 amount of the accelerated death benefit available under

24 this section that the Secretary finds to be administratively

25 practicable and actuarially sound, but in no event may the
44

•HRES 592 ATH

1 amount of the benefit exceed the amount equal to 50 per2 cent of the face value of the person’s insurance in force

3 on the date the election of the person to receive the benefit

4 is approved.

5 ‘‘(3) A person making an election under this section

6 may elect to receive an amount that is less than the maxi7 mum amount prescribed under paragraph (2). The Sec8 retary shall prescribe the increments in which a reduced

9 amount under this paragraph may be elected.

10 ‘‘(c) The portion of the face value of insurance which

11 is not paid in a lump sum as an accelerated death benefit

12 under this section shall remain payable in accordance with

13 the provisions of this chapter.

14 ‘‘(d) Deductions under section 1969 of this title and

15 premiums under section 1977(c) of this title shall be re16 duced, in a manner consistent with the percentage reduc17 tion in the face value of the insurance as a result of pay18 ment of an accelerated death benefit under this section,

19 effective with respect to any amounts which would other20 wise become due on or after the date of payment under

21 this section.

22 ‘‘(e) The Secretary shall prescribe regulations to

23 carry out this section. Such regulations shall include provi24 sions regarding—
45

•HRES 592 ATH

1 ‘‘(1) the form and manner in which an applica2 tion for an election under this section shall be made;

3 and

4 ‘‘(2) the procedures under which any such ap5 plication shall be considered.

6 ‘‘(f)(1) An election to receive a benefit under this sec7 tion shall be irrevocable.

8 ‘‘(2) A person may not make more than one election

9 under this section, even if the election of the person is

10 to receive less than the maximum amount of the benefit

11 available to the person under this section.

12 ‘‘(g) If a person insured under Servicemembers’

13 Group Life Insurance elects to receive a benefit under this

14 section and the person’s Servicemembers’ Group Life In15 surance is thereafter converted to Veterans’ Group Life

16 Insurance as provided in section 1968(b) of this title, the

17 amount of the benefit paid under this section shall reduce

18 the amount of Veterans’ Group Life Insurance available

19 to the person under section 1977(a) of this title.

20 ‘‘(h) Notwithstanding any other provision of law, the

21 amount of the accelerated death benefit received by a per22 son under this section shall not be considered income or

23 resources for purposes of determining eligibility for or the

24 amount of benefits under any Federal or federally-assisted

25 program or for any other purpose.’’.
46

•HRES 592 ATH

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

2 chapter is amended by inserting after the item relating

3 to section 1979 the following new item:

‘‘1980. Option to receive accelerated death benefit.’’.

4 (b) CONFORMING AMENDMENTS.—Section 1970(g) is

5 amended in the first sentence—

6 (1) by striking out ‘‘Payments of benefits’’ and

7 inserting in lieu thereof ‘‘Any payments’’; and

8 (2) by inserting ‘‘an insured or’’ after ‘‘or on

9 account of,’’.

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

11 this section shall take effect 90 days after the date of the

12 enactment of this Act.

13 SEC. 303. ASSESSMENT OF EFFECTIVENESS OF INSURANCE

14 AND SURVIVOR BENEFITS PROGRAMS FOR

15 SURVIVORS OF VETERANS WITH SERVICE16 CONNECTED DISABILITIES.

17 (a) REPORT ON ASSESSMENT.—Not later than Octo18 ber 1, 1999, the Secretary of Veterans Affairs shall submit

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

20 the House of Representatives a report containing an as21 sessment of the adequacy of the insurance and survivor

22 benefits programs of the Department of Veterans Affairs

23 (including the payment of dependency and indemnity com24 pensation under chapter 13 of title 38, United States

25 Code) in meeting the needs of survivors of veterans with
47

•HRES 592 ATH

1 service-connected disabilities, including survivors of cata2 strophically disabled veterans who cared for those veter3 ans.

4 (b) REPORT ELEMENTS.—The report on the assess5 ment under subsection (a) shall include the following:

6 (1) An identification of the characteristics that

7 make a disabled veteran catastrophically disabled.

8 (2) A statement of the number of veterans with

9 service-connected disabilities who participate in in10 surance programs administered by the Department.

11 (3) A statement of the number of survivors of

12 veterans with service-connected disabilities who re13 ceive dependency and indemnity compensation under

14 chapter 13 of title 38, United States Code.

15 (4) Data on veterans with service-connected dis16 abilities that are relevant to the insurance programs

17 administered by the Department, and an assessment

18 how such data might be used to better determine the

19 cost above standard premium rates of insuring veter20 ans with service-connected disabilities under such

21 programs.

22 (5) An analysis of various methods of account23 ing and providing for the additional cost of insuring

24 the lives of veterans with service-connected disabil-
48

•HRES 592 ATH

1 ities under the insurance programs administered by

2 the Department.

3 (6) An assessment of the adequacy and effec4 tiveness of the current insurance programs and de5 pendency and indemnity compensation programs of

6 the Department in meeting the needs of survivors of

7 severely-disabled or catastrophically-disabled veter8 ans.

9 (7) An analysis of various methods of meeting

10 the transitional financial needs of survivors of veter11 ans with service-connected disabilities immediately

12 after the deaths of such veterans.

13 (8) Such recommendations as the Secretary

14 considers appropriate regarding means of improving

15 the benefits available to survivors of veterans with

16 service-connected disabilities under programs admin17 istered by the Department.

18 SEC. 304. NATIONAL SERVICE LIFE INSURANCE PROGRAM.

19 (a) ELIGIBILITY OF CERTAIN VETERANS FOR DIVI20 DENDS UNDER NSLI PROGRAM.—Section 1919(b) is

21 amended—

22 (1) by striking ‘‘sections 602(c)(2) and’’ and in23 serting ‘‘section’’; and

24 (2) by striking ‘‘sections’’ after ‘‘under such’’

25 and inserting ‘‘section’’.
49

•HRES 592 ATH

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

2 this section shall take effect at the end of the 90-day pe3 riod beginning on the date of the enactment of this Act.

4 TITLE IV—MEMORIAL AFFAIRS

5 SEC. 401. COMMEMORATION OF INDIVIDUALS WHOSE RE6 MAINS ARE UNAVAILABLE FOR INTERMENT.

7 (a) MEMORIAL HEADSTONES OR MARKERS FOR CER8 TAIN MEMBERS OF THE ARMED FORCES AND SPOUSES.—

9 Subsection (b) of section 2306 is amended to read as fol10 lows:

11 ‘‘(b)(1) The Secretary shall furnish, when requested,

12 an appropriate memorial headstone or marker for the pur13 pose of commemorating an eligible individual whose re14 mains are unavailable. Such a headstone or marker shall

15 be furnished for placement in a national cemetery area

16 reserved for that purpose under section 2403 of this title,

17 a veterans’ cemetery owned by a State, or, in the case

18 of a veteran, in a State, local, or private cemetery.

19 ‘‘(2) For purposes of paragraph (1), an eligible indi20 vidual is any of the following:

21 ‘‘(A) A veteran.

22 ‘‘(B) The spouse or surviving spouse of a vet23 eran.
50

•HRES 592 ATH

1 ‘‘(3) For purposes of paragraph (1), the remains of

2 an individual shall be considered to be unavailable if the

3 individual’s remains—

4 ‘‘(A) have not been recovered or identified;

5 ‘‘(B) were buried at sea, whether by the individ6 ual’s own choice or otherwise;

7 ‘‘(C) were donated to science; or

8 ‘‘(D) were cremated and the ashes scattered

9 without interment of any portion of the ashes.

10 ‘‘(4) For purposes of this subsection:

11 ‘‘(A) The term ‘veteran’ includes an individual

12 who dies in the active military, naval, or air service.

13 ‘‘(B) The term ‘surviving spouse’ includes an

14 unremarried surviving spouse whose subsequent re15 marriage was terminated by death or divorce.’’.

16 (b) ALTERNATIVE COMMEMORATION FOR CERTAIN

17 SPOUSES.—Such section is further amended by adding at

18 the end the following new subsection:

19 ‘‘(e)(1) When the Secretary has furnished a head20 stone or marker under subsection (a) for the unmarked

21 grave of an individual, the Secretary shall, if feasible, add

22 a memorial inscription to that headstone or marker rather

23 than furnishing a separate headstone or marker under

24 that subsection for the surviving spouse of such individual.
51

•HRES 592 ATH

1 ‘‘(2) When the Secretary has furnished a memorial

2 headstone or marker under subsection (b) for purposes of

3 commemorating a veteran or an individual who died in the

4 active military, naval, or air service, the Secretary shall,

5 if feasible, add a memorial inscription to that headstone

6 or marker rather than furnishing a separate memorial

7 headstone or marker under that subsection for the surviv8 ing spouse of such individual.’’.

9 (c) MEMORIAL AREAS.—Section 2403(b) is amended

10 to read as follows:

11 ‘‘(b) Under regulations prescribed by the Secretary,

12 group memorials may be placed to honor the memory of

13 groups of individuals referred to in subsection (a), and ap14 propriate memorial headstones and markers may be placed

15 to honor the memory of individuals referred to in sub16 section (a) and section 2306(b) of this title.’’.

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

18 subsections (a) and (b) shall apply to deaths occurring

19 after the date of the enactment of this Act.

20 SEC. 402. MERCHANT MARINER BURIAL AND CEMETERY

21 BENEFITS.

22 (a) BENEFITS.—Part G of subtitle II of title 46,

23 United States Code, is amended by inserting after chapter

24 111 the following new chapter:
52

•HRES 592 ATH

1 ‘‘CHAPTER 112—MERCHANT MARINER

2 BENEFITS

‘‘Sec.

‘‘11201. Eligibility for veterans’ burial and cemetery benefits.

‘‘11202. Qualified service.

‘‘11203. Documentation of qualified service.

‘‘11204. Processing fees.

3 ‘‘§ 11201. Eligibility for veterans’ burial and cemetery

4 benefits

5 ‘‘(a) ELIGIBILITY.—

6 ‘‘(1) IN GENERAL.—The qualified service of a

7 person referred to in paragraph (2) shall be consid8 ered to be active duty in the Armed Forces during

9 a period of war for purposes of eligibility for benefits

10 under the following provisions of title 38:

11 ‘‘(A) Chapter 23 (relating to burial bene12 fits).

13 ‘‘(B) Chapter 24 (relating to interment in

14 national cemeteries).

15 ‘‘(2) COVERED INDIVIDUALS.—Paragraph (1)

16 applies to a person who—

17 ‘‘(A) receives an honorable service certifi18 cate under section 11203 of this title; and

19 ‘‘(B) is not eligible under any other provi20 sion of law for benefits under laws administered

21 by the Secretary of Veterans Affairs.

22 ‘‘(b) REIMBURSEMENT FOR BENEFITS PROVIDED.—

23 The Secretary shall reimburse the Secretary of Veterans
53

•HRES 592 ATH

1 Affairs for the value of benefits that the Secretary of Vet2 erans Affairs provides for a person by reason of eligibility

3 under this section.

4 ‘‘(c) APPLICABILITY.—

5 ‘‘(1) GENERAL RULE.—Benefits may be pro6 vided under the provisions of law referred to in sub7 section (a)(1) by reason of this chapter only for

8 deaths occurring after the date of the enactment of

9 this chapter.

10 ‘‘(2) BURIALS, ETC. IN NATIONAL CEME11 TERIES.—Notwithstanding paragraph (1), in the

12 case of an initial burial or columbarium placement

13 after the date of the enactment of this chapter, ben14 efits may be provided under chapter 24 of title 38

15 by reason of this chapter (regardless of the date of

16 death), and in such a case benefits may be provided

17 under section 2306 of such title.

18 ‘‘§ 11202. Qualified service

19 ‘‘For purposes of this chapter, a person shall be con20 sidered to have engaged in qualified service if, between Au21 gust 16, 1945, and December 31, 1946, the person—

22 ‘‘(1) was a member of the United States mer23 chant marine (including the Army Transport Service

24 and the Naval Transportation Service) serving as a

25 crewmember of a vessel that was—
54

•HRES 592 ATH

1 ‘‘(A) operated by the War Shipping Ad2 ministration or the Office of Defense Transpor3 tation (or an agent of the Administration or Of4 fice);

5 ‘‘(B) operated in waters other than inland

6 waters, the Great Lakes, and other lakes, bays,

7 and harbors of the United States;

8 ‘‘(C) under contract or charter to, or prop9 erty of, the Government of the United States;

10 and

11 ‘‘(D) serving the Armed Forces; and

12 ‘‘(2) while so serving, was licensed or otherwise

13 documented for service as a crewmember of such a

14 vessel by an officer or employee of the United States

15 authorized to license or document the person for

16 such service.

17 ‘‘§ 11203. Documentation of qualified service

18 ‘‘(a) RECORD OF SERVICE.—The Secretary, or in the

19 case of personnel of the Army Transport Service or the

20 Naval Transport Service, the Secretary of Defense, shall,

21 upon application—

22 ‘‘(1) issue a certificate of honorable service to

23 a person who, as determined by that Secretary, en24 gaged in qualified service of a nature and duration

25 that warrants issuance of the certificate; and
55

•HRES 592 ATH

1 ‘‘(2) correct, or request the appropriate official

2 of the Government to correct, the service records of

3 that person to the extent necessary to reflect the

4 qualified service and the issuance of the certificate

5 of honorable service.

6 ‘‘(b) TIMING OF DOCUMENTATION.—A Secretary re7 ceiving an application under subsection (a) shall act on

8 the application not later than one year after the date of

9 that receipt.

10 ‘‘(c) STANDARDS RELATING TO SERVICE.—In mak11 ing a determination under subsection (a)(1), the Secretary

12 acting on the application shall apply the same standards

13 relating to the nature and duration of service that apply

14 to the issuance of honorable discharges under section

15 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38

16 U.S.C. 106 note).

17 ‘‘(d) CORRECTION OF RECORDS.—An official who is

18 requested under subsection (a)(2) to correct the service

19 records of a person shall make such correction.

20 ‘‘§ 11204. Processing fees

21 ‘‘(a) COLLECTION OF FEES.—The Secretary, or in

22 the case of personnel of the Army Transport Service or

23 the Naval Transport Service, the Secretary of Defense,

24 shall collect a fee of $30 from each applicant for process-
56

•HRES 592 ATH

1 ing an application submitted under section 11203(a) of

2 this title.

3 ‘‘(b) TREATMENT OF FEES COLLECTED.—Amounts

4 received by the Secretary under this section shall be depos5 ited in the General Fund of the Treasury as offsetting

6 receipts of the department in which the Coast Guard is

7 operating and ascribed to Coast Guard activities. Amounts

8 received by the Secretary of Defense under this section

9 shall be deposited in the General Fund of the Treasury

10 as offsetting receipts of the Department of Defense. In

11 either case, such amounts shall be available, subject to ap12 propriation, for the administrative costs of processing ap13 plications under section 11203 of this title.’’.

14 (b) CLERICAL AMENDMENT.—The table of chapters

15 at the beginning of subtitle II of title 46, United States

16 Code, is amended by inserting after the item relating to

17 chapter 111 the following new item:

‘‘112. Merchant Mariner Benefits ............................................................ 11201’’.

18 SEC. 403. REDESIGNATION OF NATIONAL CEMETERY SYS19 TEM AND ESTABLISHMENT OF UNDER SEC20 RETARY FOR MEMORIAL AFFAIRS.

21 (a) REDESIGNATION AS NATIONAL CEMETERY AD22 MINISTRATION.—(1) The National Cemetery System of

23 the Department of Veterans Affairs shall hereafter be

24 known and designated as the National Cemetery Adminis25 tration. The position of Director of the National Cemetery
57

•HRES 592 ATH

1 System is hereby redesignated as Under Secretary of Vet2 erans Affairs for Memorial Affairs.

3 (2) Section 301(c)(4) is amended by striking out

4 ‘‘National Cemetery System’’ and inserting in lieu thereof

5 ‘‘National Cemetery Administration’’.

6 (3) Section 307 is amended—

7 (A) in the first sentence, by striking out ‘‘a Di8 rector of the National Cemetery System’’ and insert9 ing in lieu thereof ‘‘an Under Secretary for Memo10 rial Affairs’’; and

11 (B) in the second sentence, by striking out

12 ‘‘The Director’’ and all that follows through ‘‘Na13 tional Cemetery System’’ and inserting in lieu there14 of ‘‘The Under Secretary is the head of the National

15 Cemetery Administration’’.

16 (b) PAY RATE FOR UNDER SECRETARY.—Chapter

17 53 of title 5, United States Code, is amended—

18 (1) in section 5314, by inserting after the item

19 relating to the Under Secretary for Benefits of the

20 Department of Veterans Affairs the following new

21 item:

22 ‘‘Under Secretary for Memorial Affairs, Depart23 ment of Veterans Affairs.’’; and

24 (2) in section 5315, by striking out ‘‘Director

25 of the National Cemetery System.’’.
58

•HRES 592 ATH

1 (c) CONFORMING AMENDMENTS.—

2 (1)(A) The heading of section 307 is amended

3 to read as follows:

4 ‘‘§ 307. Under Secretary for Memorial Affairs’’.

5 (B) The item relating to section 307 in the

6 table of sections at the beginning of chapter 3 is

7 amended to read as follows:

‘‘307. Under Secretary for Memorial Affairs.’’.

8 (2) Section 2306(d) is amended by striking out

9 ‘‘within the National Cemetery System’’ each place

10 such term appears and inserting in lieu thereof

11 ‘‘under the control of the National Cemetery Admin12 istration’’.

13 (3) Section 2400 is amended—

14 (A) in subsection (a)—

15 (i) by striking out ‘‘National Ceme16 tery System’’ and inserting in lieu thereof

17 ‘‘National Cemetery Administration re18 sponsible’’; and

19 (ii) in the second sentence, by striking

20 out ‘‘Such system’’ and all that follows

21 through ‘‘National Cemetery System’’ and

22 inserting in lieu thereof ‘‘The National

23 Cemetery Administration shall be headed

24 by the Under Secretary for Memorial Af25 fairs’’;
59

•HRES 592 ATH

1 (B) in subsection (b), by striking out ‘‘Na2 tional Cemetery System’’ and inserting in lieu

3 thereof ‘‘national cemeteries and other facilities

4 under the control of the National Cemetery Ad5 ministration’’; and

6 (C) by amending the heading to read as

7 follows:

8 ‘‘§ 2400. Establishment of National Cemetery Admin9 istration; composition of Administration’’.

10 (4) The item relating to section 2400 in the

11 table of sections at the beginning of chapter 24 is

12 amended to read as follows:

‘‘2400. Establishment of National Cemetery Administration; composition of Administration.’’.

13 (5) Section 2402 is amended in the matter pre14 ceding paragraph (1) by striking out ‘‘in the Na15 tional Cemetery System’’ and inserting in lieu there16 of ‘‘under the control of the National Cemetery Ad17 ministration’’.

18 (6) Section 2403(c) is amended by striking out

19 ‘‘in the National Cemetery System created by this

20 chapter’’ and inserting in lieu thereof ‘‘under the

21 control of the National Cemetery Administration’’.

22 (7) Section 2405(c) is amended—

23 (A) by striking out ‘‘within the National

24 Cemetery System’’ and inserting in lieu thereof
60

•HRES 592 ATH

1 ‘‘under the control of the National Cemetery

2 Administration’’; and

3 (B) by striking out ‘‘within such System’’

4 and inserting in lieu thereof ‘‘under the control

5 of such Administration’’.

6 (8) Section 2408(c)(1) is amended by striking

7 out ‘‘in the National Cemetery System’’ and insert8 ing in lieu thereof ‘‘under the control of the National

9 Cemetery Administration’’.

10 (d) REFERENCES.—

11 (1) Any reference in a law, map, regulation,

12 document, paper, or other record of the United

13 States to the National Cemetery System shall be

14 deemed to be a reference to the National Cemetery

15 Administration.

16 (2) Any reference in a law, map, regulation,

17 document, paper, or other record of the United

18 States to the Director of the National Cemetery Sys19 tem shall be deemed to be a reference to the Under

20 Secretary of Veterans Affairs for Memorial Affairs.

21 SEC. 404. STATE CEMETERY GRANTS PROGRAM.

22 (a) AMOUNT OF GRANT RELATIVE TO PROJECT

23 COST.—(1) Paragraphs (1) and (2) of section 2408(b) are

24 amended to read as follows:
61

•HRES 592 ATH

1 ‘‘(1) The amount of a grant under this section

2 may not exceed—

3 ‘‘(A) in the case of the establishment of a

4 new cemetery, the sum of (i) the cost of im5 provements to be made on the land to be con6 verted into a cemetery, and (ii) the cost of ini7 tial equipment necessary to operate the ceme8 tery; and

9 ‘‘(B) in the case of the expansion or im10 provement of an existing cemetery, the sum of

11 (i) the cost of improvements to be made on any

12 land to be added to the cemetery, and (ii) the

13 cost of any improvements to be made to the ex14 isting cemetery.

15 ‘‘(2) If the amount of a grant under this sec16 tion is less than the amount of costs referred to in

17 subparagraph (A) or (B) of paragraph (1), the State

18 receiving the grant shall contribute the excess of

19 such costs over the grant.’’.

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

21 apply with respect to grants under section 2408 of title

22 38, United States Code, made after the end of the 60-

23 day period beginning on the date of the enactment of this

24 Act.
62

•HRES 592 ATH

1 (b) AUTHORIZATION OF APPROPRIATIONS WITHOUT

2 FISCAL YEAR LIMITATION.—The first sentence of section

3 2408(e) is amended by striking out ‘‘shall remain available

4 until the end of the second fiscal year following the fiscal

5 year for which they are appropriated’’ and inserting in lieu

6 thereof ‘‘shall remain available until expended’’.

7 (c) EXTENSION OF AUTHORIZATION OF APPROPRIA8 TIONS FOR GRANT PROGRAM.—Paragraph (2) of section

9 2408(a) is amended to read as follows:

10 ‘‘(2) There is authorized to be appropriated such

11 sums as may be necessary for fiscal year 1999 and for

12 each succeeding fiscal year through fiscal year 2004 for

13 the purpose of making grants under paragraph (1).’’.

14 TITLE V—COURT OF VETERANS

15 APPEALS

16 Subtitle A—Administrative

17 Provisions Relating to the Court

18 SEC. 501. CONTINUATION IN OFFICE OF JUDGES PENDING

19 CONFIRMATION FOR SECOND TERM.

20 Section 7253(c) is amended by adding at the end the

21 following new sentence: ‘‘A judge who is nominated by the

22 President for appointment to an additional term on the

23 Court without a break in service and whose term of office

24 expires while that nomination is pending before the Senate
63

•HRES 592 ATH

1 may continue in office for up to one year while that nomi2 nation is pending.’’.

3 SEC. 502. EXEMPTION OF RETIREMENT FUND FROM SE4 QUESTRATION ORDERS.

5 Section 7298 is amended by adding at the end the

6 following new subsection:

7 ‘‘(g) For purpose of section 255(g)(1)(B) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985

9 (2 U.S.C. 905(g)(1)(B)), the retirement fund shall be

10 treated in the same manner as the Claims Judges’ Retire11 ment Fund.’’.

12 SEC. 503. ADJUSTMENTS FOR SURVIVOR ANNUITIES.

13 Subsection (o) of section 7297 is amended to read

14 as follows:

15 ‘‘(o) Each survivor annuity payable from the retire16 ment fund shall be increased at the same time as, and

17 by the same percentage by which, annuities payable from

18 the Judicial Survivors’ Annuities Fund are increased pur19 suant to section 376(m) of title 28.’’.

20 SEC. 504. REPORTS ON RETIREMENT PROGRAM MODIFICA21 TIONS.

22 (a) REPORT ON JUDGES’ RETIREMENT SYSTEM.—

23 Not later than one year after the date of the enactment

24 of this Act, the chief judge of the United States Court

25 of Appeals for Veterans Claims shall submit to the Com-
64

•HRES 592 ATH

1 mittees on Veterans’ Affairs of the Senate and House of

2 Representatives a report on the feasibility and desirability

3 of merging the retirement plan of the judges of that court

4 with retirement plans of other Federal judges.

5 (b) REPORT ON SURVIVOR ANNUITIES PLAN.—Not

6 later than six months after the date of the enactment of

7 this Act, the chief judge of the United States Court of

8 Appeals for Veterans Claims shall submit to the Commit9 tees on Veterans’ Affairs of the Senate and House of Rep10 resentatives a report on the feasibility and desirability of

11 allowing judges of that court to participate in the survivor

12 annuity programs available to other Federal judges.

13 Subtitle B—Renaming of Court

14 SEC. 511. RENAMING OF THE COURT OF VETERANS AP15 PEALS.

16 (a) IN GENERAL.—The United States Court of Vet17 erans Appeals is hereby renamed as, and shall hereafter

18 be known and designated as, the United States Court of

19 Appeals for Veterans Claims.

20 (b) SECTION 7251.—Section 7251 is amended by

21 striking ‘‘United States Court of Veterans Appeals’’ and

22 inserting ‘‘United States Court of Appeals for Veterans

23 Claims’’.
65

•HRES 592 ATH

1 SEC. 512. CONFORMING AMENDMENTS.

2 (a) CONFORMING AMENDMENTS TO TITLE 38,

3 UNITED STATES CODE.—

4 (1) The following sections are amended by

5 striking ‘‘Court of Veterans Appeals’’ each place it

6 appears and inserting ‘‘Court of Appeals for Veter7 ans Claims’’: sections 5904, 7101(b), 7252(a), 7253,

8 7254, 7255, 7256, 7261, 7262, 7263, 7264,

9 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a),

10 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292,

11 7296, 7297, and 7298.

12 (2)(A) The heading of section 7286 is amended

13 to read as follows:

14 ‘‘§ 7286. Judicial Conference of the Court’’.

15 (B) The heading of section 7291 is amended to

16 read as follows:

17 ‘‘§ 7291. Date when Court decision becomes final’’.

18 (C) The heading of section 7298 is amended to

19 read as follows:

20 ‘‘§ 7298. Retirement Fund’’.

21 (3) The table of sections at the beginning of

22 chapter 72 is amended as follows:

23 (A) The item relating to section 7286 is

24 amended to read as follows:

‘‘7286. Judicial Conference of the Court.’’.
66

•HRES 592 ATH

1 (B) The item relating to section 7291 is

2 amended to read as follows:

‘‘7291. Date when Court decision becomes final.’’.

3 (C) The item relating to section 7298 is

4 amended to read as follows:

‘‘7298. Retirement Fund.’’.

5 (4)(A) The heading of chapter 72 is amended

6 to read as follows:

7 ‘‘CHAPTER 72—UNITED STATES COURT OF

8 APPEALS FOR VETERANS CLAIMS’’.

9 (B) The item relating to chapter 72 in the table

10 of chapters at the beginning of title 38, United

11 States Code, and the item relating to such chapter

12 in the table of chapters at the beginning of part V

13 are amended to read as follows:

‘‘72. United States Court of Appeals for Veterans Claims ....................... 7251’’.

14 (b) CONFORMING AMENDMENTS TO OTHER LAWS.—

15 (1) The following provisions of law are amended

16 by striking ‘‘Court of Veterans Appeals’’ each place

17 it appears and inserting ‘‘Court of Appeals for Vet18 erans Claims’’:

19 (A) Section 8440d of title 5, United States

20 Code.

21 (B) Section 2412 of title 28, United States

22 Code.
67

•HRES 592 ATH

1 (C) Section 906 of title 44, United States

2 Code.

3 (D) Section 109 of the Ethics in Govern4 ment Act of 1978 (5 U.S.C. App.).

5 (2)(A) The heading of section 8440d of title 5,

6 United States Code, is amended to read as follows:

7 ‘‘§ 8440d. Judges of the United States Court of Ap8 peals for Veterans Claims’’.

9 (B) The item relating to such section in the

10 table of sections at the beginning of chapter 84 of

11 such title is amended to read as follows:

‘‘8440d. Judges of the United States Court of Appeals for Veterans Claims.’’.

12 (c) OTHER LEGAL REFERENCES.—Any reference in

13 a law, regulation, document, paper, or other record of the

14 United States to the United States Court of Veterans Ap15 peals shall be deemed to be a reference to the United

16 States Court of Appeals for Veterans Claims.

17 SEC. 513. EFFECTIVE DATE.

18 This subtitle, and the amendments made by this sub19 title, shall take effect on the first day of the first month

20 beginning more than 90 days after the date of the enact21 ment of this Act.
68

•HRES 592 ATH

1 TITLE VI—HOUSING

2 SEC. 601. LOAN GUARANTEE FOR MULTIFAMILY TRANSI3 TIONAL HOUSING FOR HOMELESS VETERANS.

4 (a) IN GENERAL.—Chapter 37 is amended by adding

5 at the end the following new subchapter:

6 ‘‘SUBCHAPTER VI—LOAN GUARANTEE FOR

7 MULTIFAMILY TRANSITIONAL HOUSING

8 FOR HOMELESS VETERANS

9 ‘‘§ 3771. Definitions

10 ‘‘For purposes of this subchapter:

11 ‘‘(1) The term ‘veteran’ has the meaning given

12 such term by paragraph (2) of section 101.

13 ‘‘(2) The term ‘homeless veteran’ means a vet14 eran who is a homeless individual.

15 ‘‘(3) The term ‘homeless individual’ has the

16 meaning given such term by section 103 of the

17 Stewart B. McKinney Homeless Assistance Act (42

18 U.S.C. 11302).

19 ‘‘§ 3772. General authority

20 ‘‘(a) The Secretary may guarantee the full or partial

21 repayment of a loan that meets the requirements of this

22 subchapter.

23 ‘‘(b)(1) Not more than 15 loans may be guaranteed

24 under subsection (a), of which not more than five such
69

•HRES 592 ATH

1 loans may be guaranteed during the three-year period be2 ginning on the date of the enactment of this subchapter.

3 ‘‘(2) A guarantee of a loan under subsection (a) shall

4 be in an amount that is not less than the amount nec5 essary to sell the loan in a commercial market.

6 ‘‘(3) Not more than an aggregate amount of

7 $100,000,000 in loans may be guaranteed under sub8 section (a).

9 ‘‘(c) A loan may not be guaranteed under this sub10 chapter unless, before closing such loan, the Secretary has

11 approved the loan.

12 ‘‘(d)(1) The Secretary shall enter into contracts with

13 a qualified nonprofit organization, or other qualified orga14 nization, that has experience in underwriting transitional

15 housing projects to obtain advice in carrying out this sub16 chapter, including advice on the terms and conditions nec17 essary for a loan that meets the requirements of section

18 3773 of this title.

19 ‘‘(2) For purposes of paragraph (1), a nonprofit orga20 nization is an organization that is described in paragraph

21 (3) or (4) of subsection (c) of section 501 of the Internal

22 Revenue Code of 1986 and is exempt from tax under sub23 section (a) of such section.

24 ‘‘(e) The Secretary may carry out this subchapter in

25 advance of the issuance of regulations for such purpose.
70

•HRES 592 ATH

1 ‘‘(f) The Secretary may guarantee loans under this

2 subchapter notwithstanding any requirement for prior ap3 propriations for such purpose under any provision of law.

4 ‘‘§ 3773. Requirements

5 ‘‘(a) A loan referred to in section 3772 of this title

6 meets the requirements of this subchapter if each of the

7 following requirements is met:

8 ‘‘(1) The loan—

9 ‘‘(A) is for—

10 ‘‘(i) construction of, rehabilitation of,

11 or acquisition of land for a multifamily

12 transitional housing project described in

13 subsection (b), or more than one of such

14 purposes; or

15 ‘‘(ii) refinancing of an existing loan

16 for such a project; and

17 ‘‘(B) may also include additional reason18 able amounts for—

19 ‘‘(i) financing acquisition of furniture,

20 equipment, supplies, or materials for the

21 project; or

22 ‘‘(ii) in the case of a loan made for

23 purposes of subparagraph (A)(i), supplying

24 the organization carrying out the project

25 with working capital relative to the project.
71

•HRES 592 ATH

1 ‘‘(2) The loan is made in connection with fund2 ing or the provision of substantial property or serv3 ices for such project by either a State or local gov4 ernment or a nongovernmental entity, or both.

5 ‘‘(3) The maximum loan amount does not ex6 ceed the lesser of—

7 ‘‘(A) that amount generally approved (uti8 lizing prudent underwriting principles) in the

9 consideration and approval of projects of simi10 lar nature and risk so as to assure repayment

11 of the loan obligation; and

12 ‘‘(B) 90 percent of the total cost of the

13 project.

14 ‘‘(4) The loan is of sound value, taking into ac15 count the creditworthiness of the entity (and the in16 dividual members of the entity) applying for such

17 loan.

18 ‘‘(5) The loan is secured.

19 ‘‘(6) The loan is subject to such terms and con20 ditions as the Secretary determines are reasonable,

21 taking into account other housing projects with simi22 larities in size, location, population, and services pro23 vided.
72

•HRES 592 ATH

1 ‘‘(b) For purposes of this subchapter, a multifamily

2 transitional housing project referred to in subsection

3 (a)(1) is a project that—

4 ‘‘(1) provides transitional housing to homeless

5 veterans, which housing may be single room occu6 pancy (as defined in section 8(n) of the United

7 States Housing Act of 1937 (42 U.S.C. 1437f(n)));

8 ‘‘(2) provides supportive services and counsel9 ling services (including job counselling) at the

10 project site with the goal of making such veterans

11 self-sufficient;

12 ‘‘(3) requires that each such veteran seek to ob13 tain and maintain employment;

14 ‘‘(4) charges a reasonable fee for occupying a

15 unit in such housing; and

16 ‘‘(5) maintains strict guidelines regarding sobri17 ety as a condition of occupying such unit.

18 ‘‘(c) Such a project—

19 ‘‘(1) may include space for neighborhood retail

20 services or job training programs; and

21 ‘‘(2) may provide transitional housing to veter22 ans who are not homeless and to homeless individ23 uals who are not veterans if—

24 ‘‘(A) at the time of taking occupancy by

25 any such veteran or homeless individual, the
73

•HRES 592 ATH

1 transitional housing needs of homeless veterans

2 in the project area have been met;

3 ‘‘(B) the housing needs of any such vet4 eran or homeless individual can be met in a

5 manner that is compatible with the manner in

6 which the needs of homeless veterans are met

7 under paragraph (1); and

8 ‘‘(C) the provisions of paragraphs (4) and

9 (5) of subsection (b) are met.

10 ‘‘(d) In determining whether to guarantee a loan

11 under this subchapter, the Secretary shall consider—

12 ‘‘(1) the availability of Department of Veterans

13 Affairs medical services to residents of the multifam14 ily transitional housing project; and

15 ‘‘(2) the extent to which needs of homeless vet16 erans are met in a community, as assessed under

17 section 107 of Public Law 102–405.

18 ‘‘§ 3774. Default

19 ‘‘(a) The Secretary shall take such steps as may be

20 necessary to obtain repayment on any loan that is in de21 fault and that is guaranteed under this subchapter.

22 ‘‘(b) Upon default of a loan guaranteed under this

23 subchapter and terminated pursuant to State law, a lender

24 may file a claim under the guarantee for an amount not

25 to exceed the lesser of—
74

•HRES 592 ATH

1 ‘‘(1) the maximum guarantee; or

2 ‘‘(2) the difference between—

3 ‘‘(A) the total outstanding obligation on

4 the loan, including principal, interest, and ex5 penses authorized by the loan documents,

6 through the date of the public sale (as author7 ized under such documents and State law); and

8 ‘‘(B) the amount realized at such sale.

9 ‘‘§ 3775. Audit

10 ‘‘During each of the first three years of operation of

11 a multifamily transitional housing project with respect to

12 which a loan is guaranteed under this subchapter, there

13 shall be an annual, independent audit of such operation.

14 Such audit shall include a detailed statement of the oper15 ations, activities, and accomplishments of such project

16 during the year covered by such audit. The party respon17 sible for obtaining such audit (and paying the costs there18 for) shall be determined before the Secretary issues a

19 guarantee under this subchapter.’’.

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

21 at the beginning of chapter 37 is amended by adding at

22 the end the following new items:

‘‘SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY

TRANSITIONAL HOUSING FOR HOMELESS VETERANS

‘‘3771. Definitions.

‘‘3772. General authority.

‘‘3773. Requirements.

‘‘3774. Default.

‘‘3775. Audit.’’.
75

•HRES 592 ATH

1 SEC. 602. VETERANS HOUSING BENEFIT PROGRAM FUND

2 ACCOUNT CONSOLIDATION.

3 (a) CONSOLIDATION OF HOUSING LOAN REVOLVING

4 FUNDS.—Subchapter III of chapter 37 is amended—

5 (1) by striking out sections 3723, 3724, and

6 3725; and

7 (2) by inserting after section 3721 the following

8 new section:

9 ‘‘§ 3722. Veterans Housing Benefit Program Fund

10 ‘‘(a) There is hereby established in the Treasury of

11 the United States a fund known as the Veterans Housing

12 Benefit Program Fund (hereafter in this section referred

13 to as the ‘Fund’).

14 ‘‘(b) The Fund shall be available to the Secretary,

15 without fiscal year limitation, for all housing loan oper16 ations under this chapter, other than administrative ex17 penses, consistent with the Federal Credit Reform Act of

18 1990.

19 ‘‘(c) There shall be deposited into the Fund the fol20 lowing, which shall constitute the assets of the Fund:

21 ‘‘(1) Any amount appropriated to the Fund.

22 ‘‘(2) Amounts paid into the Fund under section

23 3729 of this title or any other provision of law or

24 regulation established by the Secretary imposing fees

25 on persons or other entities participating in the

26 housing loan programs under this chapter.
76

•HRES 592 ATH

1 ‘‘(3) All other amounts received by the Sec2 retary on or after October 1, 1998, incident to hous3 ing loan operations under this chapter, including—

4 ‘‘(A) collections of principal and interest

5 on housing loans made by the Secretary under

6 this chapter;

7 ‘‘(B) proceeds from the sale, rental, use, or

8 other disposition of property acquired under

9 this chapter;

10 ‘‘(C) proceeds from the sale of loans pur11 suant to sections 3720(h) and 3733(a)(3) of

12 this title; and

13 ‘‘(D) penalties collected pursuant to sec14 tion 3710(g)(4)(B) of this title.

15 ‘‘(d) Amounts deposited into the Fund under para16 graphs (2) and (3) of subsection (c) shall be deposited in

17 the appropriate financing or liquidating account of the

18 Fund.

19 ‘‘(e) For purposes of this section, the term ‘housing

20 loan’ shall not include a loan made pursuant to subchapter

21 V of this chapter.’’.

22 (b) TRANSFERS OF AMOUNTS INTO VETERANS

23 HOUSING BENEFIT PROGRAM FUND.—All amounts in the

24 following funds are hereby transferred to the Veterans

25 Housing Benefit Program Fund:
77

•HRES 592 ATH

1 (1) The Direct Loan Revolving Fund, as such

2 fund was continued under section 3723 of title 38,

3 United States Code (as such section was in effect on

4 the day before the effective date of this title).

5 (2) The Department of Veterans Affairs Loan

6 Guaranty Revolving Fund, as established by section

7 3724 of such title (as such section was in effect on

8 the day before the effective date of this title).

9 (3) The Guaranty and Indemnity Fund, as es10 tablished by section 3725 of such title (as such sec11 tion was in effect on the day before the effective

12 date of this title).

13 (c) REPEAL OF AUTHORITY TO SELL PARTICIPATION

14 CERTIFICATES AND OF OBSOLETE REQUIREMENT TO

15 CREDIT PROCEEDS.—

16 (1) REPEAL OF AUTHORITY TO SELL PARTICI17 PATION CERTIFICATES.—Section 3720 is amended

18 by striking out subsection (e).

19 (2) REPEAL OF OBSOLETE REQUIREMENT TO

20 CREDIT PROCEEDS.—Section 3733 is amended by

21 striking out subsection (e).

22 (d) SUBMISSION OF SUMMARY FINANCIAL STATE23 MENT ON HOUSING PROGRAMS.—Section 3734 is amend24 ed by adding at the end the following new subsection:
78

•HRES 592 ATH

1 ‘‘(c) The information submitted under subsection (a)

2 shall include a statement that summarizes the financial

3 activity of each of the housing programs operated under

4 this chapter. The statement shall be presented in a form

5 that is simple, concise, and readily understandable, and

6 shall not include references to financing accounts, liq7 uidating accounts, or program accounts.’’.

8 (e) CONFORMING AND CLERICAL AMENDMENTS.—

9 (1) CONFORMING AMENDMENTS TO CHAPTER

10 37.—Chapter 37 is amended as follows:

11 (A) Section 3703(e)(1) is amended by

12 striking out ‘‘3729(c)(1)’’ and inserting in lieu

13 thereof ‘‘3729(c)’’.

14 (B) Section 3711(k) is amended by strik15 ing out ‘‘and section 3723 of this title’’ both

16 places it appears.

17 (C) Section 3727(c) is amended by striking

18 out ‘‘funds established pursuant to sections

19 3723 and 3724 of this title, as applicable’’ and

20 inserting in lieu thereof ‘‘fund established pur21 suant to section 3722 of this title’’.

22 (D) Section 3729 is amended—

23 (i) in subsection (c)—

24 (I) by striking out ‘‘(c)(1)’’ and

25 inserting in lieu thereof ‘‘(c)’’; and
79

•HRES 592 ATH

1 (II) by striking out paragraphs

2 (2) and (3); and

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

4 out ‘‘(c)(1)’’ and inserting in lieu thereof

5 ‘‘(c)’’.

6 (E) Section 3733(a)(6) is amended by

7 striking out ‘‘Department of Veterans Affairs

8 Loan Guaranty Revolving Fund established by

9 section 3724(a)’’ and inserting in lieu thereof

10 ‘‘Veterans Housing Benefit Program Fund es11 tablished by section 3722(a)’’.

12 (F) Section 3734, as amended by sub13 section (d), is further amended—

14 (i) in subsection (a)—

15 (I) by striking out ‘‘Loan Guar16 anty Revolving Fund and the Guar17 anty and Indemnity Fund’’ in para18 graph (1) and inserting in lieu thereof

19 ‘‘Veterans Housing Benefit Program

20 Fund’’; and

21 (II) by striking out ‘‘funds,’’ in

22 paragraph (2) and inserting in lieu

23 thereof ‘‘fund,’’;

24 (ii) in subsection (b), by striking out

25 ‘‘each fund’’ in the matter preceding para-
80

•HRES 592 ATH

1 graph (1) and inserting in lieu thereof ‘‘the

2 fund’’; and

3 (iii) in subsection (b)(2)—

4 (I) by striking out subparagraph

5 (B);

6 (II) by redesignating subpara7 graphs (C), (D), (E), (F), and (G) as

8 subparagraphs (B), (C), (D), (E), and

9 (F), respectively; and

10 (III) in subparagraph (B), as so

11 redesignated, by striking out ‘‘sub12 sections (a)(3) and (c)(2) of section

13 3729’’ and inserting in lieu thereof

14 ‘‘section 3729(a)(3)’’.

15 (G) Section 3735(a)(3)(A)(i) is amended

16 by striking out ‘‘Loan Guaranty Revolving

17 Fund and the Guaranty and Indemnity Fund’’

18 and inserting in lieu thereof ‘‘Veterans Housing

19 Benefit Program Fund’’.

20 (2) OTHER CONFORMING AMENDMENT.—Sec21 tion 2106(e) is amended by striking out ‘‘, as appro22 priate, deposited in either the direct loan or loan

23 guaranty revolving fund established by section 3723

24 or 3724 of this title, respectively’’ and inserting in

25 lieu thereof ‘‘deposited in the Veterans Housing
81

•HRES 592 ATH

1 Benefit Program Fund established by section 3722

2 of this title’’.

3 (3) TECHNICAL AND CLERICAL AMEND4 MENTS.—(A) The heading for section 3734 is

5 amended to read as follows:

6 ‘‘§ 3734. Annual submission of information on the Vet7 erans Housing Benefit Program Fund and

8 housing programs’’.

9 (B) The heading for section 3763 is amended

10 to read as follows:

11 ‘‘§ 3763. Native American Veteran Housing Loan Pro12 gram Account’’.

13 (C) The table of sections at the beginning of

14 chapter 37 is amended—

15 (i) by inserting after the item relating to

16 section 3721 the following new item:

‘‘3722. Veterans Housing Benefit Program Fund.’’;

17 (ii) by striking out the items relating to

18 sections 3723, 3724, and 3725;

19 (iii) by striking out the item relating to

20 section 3734 and inserting in lieu thereof the

21 following:

‘‘3734. Annual submission of information on the Veterans Housing Benefit Program Fund and housing programs.’’;

22 and
82

•HRES 592 ATH

1 (iv) by striking out the item relating to

2 section 3763 and inserting in lieu thereof the

3 following:

‘‘3763. Native American Veteran Housing Loan Program Account.’’.

4 (f) EFFECTIVE DATE.—This title and the amend5 ments made by this title shall take effect on October 1,

6 1998.

7 SEC. 603. EXTENSION OF ELIGIBILITY OF MEMBERS OF SE8 LECTED RESERVE FOR VETERANS HOUSING

9 LOANS.

10 (a) EXTENSION.—Section 3702(a)(2)(E) is amended

11 by striking out ‘‘October 27, 1999,’’ and inserting in lieu

12 thereof ‘‘September 30, 2003,’’.

13 (b) ONE-YEAR EXTENSION OF FEE PROVISION.—

14 Section 3729(a)(4) is amended—

15 (1) by striking out ‘‘With respect to a loan

16 closed after September 30, 1993, and before October

17 1, 2002,’’ and inserting in lieu thereof ‘‘(A) With re18 spect to a loan closed during the period specified in

19 subparagraph (B)’’; and

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

21 ‘‘(B) The specified period for purposes of subpara22 graph (A) is the period beginning on October 1, 1993, and

23 ending on September 30, 2002, except that in the case

24 of a loan described in subparagraph (D) of paragraph (2),

25 such period ends on September 30, 2003.’’.
83

•HRES 592 ATH

1 SEC. 604. APPLICABILITY OF PROCUREMENT LAW TO CER2 TAIN CONTRACTS OF DEPARTMENT OF VET3 ERANS AFFAIRS.

4 (a) IN GENERAL.—Section 3720(b) is amended by

5 striking ‘‘; however’’ and all that follows and inserting the

6 following: ‘‘, except that title III of the Federal Property

7 and Administrative Services Act of 1949 (41 U.S.C. 251

8 et seq.) shall apply to any contract for services or supplies

9 on account of any property acquired pursuant to this sec10 tion.’’.

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

12 subsection (a) shall apply with respect to contracts entered

13 into under section 3720 of title 38, United States Code,

14 after the end of the 60-day period beginning on the date

15 of the enactment of this Act.

16 TITLE VII—CONSTRUCTION AND

17 FACILITIES MATTERS

18 SEC. 701. AUTHORIZATION OF MAJOR MEDICAL FACILITY

19 PROJECTS.

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

21 may carry out the following major medical facility

22 projects, with each project to be carried out in the amount

23 specified for that project:

24 (1) Alterations and demolition at the Depart25 ment of Veterans Affairs Medical Center, Long
84

•HRES 592 ATH

1 Beach, California, in an amount not to exceed

2 $23,200,000.

3 (2) Construction and seismic work at the De4 partment of Veterans Affairs Medical Center, San

5 Juan, Puerto Rico, in an amount not to exceed

6 $50,000,000.

7 (3) Outpatient clinic expansion at the Depart8 ment of Veterans Affairs Medical Center, Washing9 ton, D.C., in an amount not to exceed $29,700,000.

10 (4) Construction of a psychogeriatric care build11 ing and demolition of a seismically unsafe building

12 at the Department of Veterans Affairs Medical Cen13 ter, Palo Alto, California, in an amount not to ex14 ceed $22,400,000.

15 (5) Construction of an ambulatory care addition

16 and renovations for ambulatory care at the Depart17 ment of Veterans Affairs Medical Center, Cleveland

18 (Wade Park), Ohio, in an amount not to exceed

19 $28,300,000, of which $7,500,000 shall be derived

20 from funds appropriated for a fiscal year before fis21 cal year 1999 that remain available for obligation.

22 (6) Construction of an ambulatory care addition

23 at the Department of Veterans Affairs Medical Cen24 ter, Tucson, Arizona, in an amount not to exceed

25 $35,000,000.
85

•HRES 592 ATH

1 (7) Construction of an addition for psychiatric

2 care at the Department of Veterans Affairs Medical

3 Center, Dallas, Texas, in an amount not to exceed

4 $24,200,000.

5 (8) Outpatient clinic projects at Auburn and

6 Merced, California, as part of the Northern Califor7 nia Healthcare Systems Project, in an amount not

8 to exceed $3,000,000, to be derived only from funds

9 appropriated for Construction, Major Projects, for a

10 fiscal year before fiscal year 1999 that remain avail11 able for obligation.

12 (9) Renovations to a nursing home care unit at

13 the Department of Veterans Affairs Medical Center,

14 Lebanon, Pennsylvania, in an amount not to exceed

15 $9,500,000.

16 (10) Construction of a spinal cord injury center

17 at the Department of Veterans Affairs Medical Cen18 ter, Tampa, Florida, in an amount not to exceed

19 $46,300,000, of which $20,000,000 shall be derived

20 from funds appropriated for a fiscal year before fis21 cal year 1999 that remain available for obligation.

22 (b) CONSTRUCTION OF PARKING FACILITY.—The

23 Secretary may construct a parking structure at the De24 partment of Veterans Affairs Medical Center, Denver, Col25 orado, in an amount not to exceed $13,000,000, of which
86

•HRES 592 ATH

1 $11,900,000 shall be derived from funds in the Parking

2 Revolving Fund.

3 SEC. 702. AUTHORIZATION OF MAJOR MEDICAL FACILITY

4 LEASES.

5 The Secretary of Veterans Affairs may enter into

6 leases for satellite outpatient clinics as follows:

7 (1) Baton Rouge, Louisiana, in an amount not

8 to exceed $1,800,000.

9 (2) Daytona Beach, Florida, in an amount not

10 to exceed $2,600,000.

11 (3) Oakland Park, Florida, in an amount not to

12 exceed $4,100,000.

13 SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There are authorized to be appro15 priated to the Secretary of Veterans Affairs for fiscal year

16 1999 and for fiscal year 2000—

17 (1) for the Construction, Major Projects, ac18 count $241,100,000 for the projects authorized in

19 section 701(a); and

20 (2) for the Medical Care account, $8,500,000

21 for the leases authorized in section 702.

22 (b) LIMITATION.—(1) The projects authorized in sec23 tion 701(a) may only be carried out using—
87

•HRES 592 ATH

1 (A) funds appropriated for fiscal year 1999 or

2 fiscal year 2000 pursuant to the authorization of ap3 propriations in subsection (a);

4 (B) funds appropriated for Construction, Major

5 Projects, for a fiscal year before fiscal year 1999

6 that remain available for obligation; and

7 (C) funds appropriated for Construction, Major

8 Projects, for fiscal year 1999 for a category of activ9 ity not specific to a project.

10 (2) The project authorized in section 701(b) may only

11 be carried out using funds appropriated for a fiscal year

12 before fiscal year 1999—

13 (A) for the Parking Revolving Fund; or

14 (B) for Construction, Major Projects, for a cat15 egory of activity not specific to a project.

16 SEC. 704. INCREASE IN THRESHOLD FOR MAJOR MEDICAL

17 FACILITY LEASES FOR PURPOSES OF CON18 GRESSIONAL AUTHORIZATION.

19 Section 8104(a)(3)(B) is amended by striking out

20 ‘‘$300,000’’ and inserting in lieu thereof ‘‘$600,000’’.

21 SEC. 705. THRESHOLD FOR TREATMENT OF PARKING FA22 CILITY PROJECT AS A MAJOR MEDICAL FA23 CILITY PROJECT.

24 Section 8109(i)(2) is amended by striking out

25 ‘‘$3,000,000’’ and inserting in lieu thereof ‘‘$4,000,000’’.
88

•HRES 592 ATH

1 SEC. 706. PARKING FEES.

2 (a) LIMITATION.—The Secretary of Veterans Affairs

3 may not establish or collect any parking fee at any parking

4 facility associated with the Spark M. Matsunaga Depart5 ment of Veterans Affairs Medical and Regional Office

6 Center in Honolulu, Hawaii.

7 (b) REPORT.—Not later than September 15, 1999,

8 the Secretary shall submit to the Committees on Veterans’

9 Affairs of the Senate and House of Representatives a re10 port regarding the Department’s experience in exercising

11 and administering the authority of the Secretary to charge

12 parking fees under subsections (d) and (e) of section 8109

13 of title 38, United States Code. The report shall include—

14 (1) the results of a survey which shall describe

15 the parking facilities and number of parking spaces

16 available to employees of the Department at each

17 medical facility of the Department with more than

18 50 employees;

19 (2) an analysis of the means by which the Sec20 retary could implement in a cost-effective manner

21 the authority of the Secretary under subsection (e)

22 of section 8109 of title 38, United States Code; and

23 (3) recommendations for amending section

24 8109 of such title—

25 (A) to address the applicability of parking

26 fees to employees of the Secretary who are em-
89

•HRES 592 ATH

1 ployed at a regional office which is co-located

2 with a medical facility;

3 (B) to address the applicability of parking

4 fees to persons using parking facilities at De5 partment of Veterans Affairs medical centers

6 co-located with facilities of the Department of

7 Defense;

8 (C) to link any schedule of applicable fees

9 to applicable commercial rates; and

10 (D) to achieve any other purpose.

11 SEC. 707. MASTER PLAN REGARDING USE OF DEPARTMENT

12 OF VETERANS AFFAIRS LANDS AT WEST LOS

13 ANGELES MEDICAL CENTER, CALIFORNIA.

14 (a) REPORT.—The Secretary of Veterans Affairs

15 shall submit to Congress a report on the master plan of

16 the Department of Veterans Affairs relating to the use

17 of Department lands at the West Los Angeles Department

18 of Veterans Affairs Medical Center, California.

19 (b) REPORT ELEMENTS.—The report under sub20 section (a) shall set forth the following:

21 (1) The master plan referred to in that sub22 section, if such a plan currently exists.

23 (2) A current assessment of the master plan.
90

•HRES 592 ATH

1 (3) Any proposal of the Department for a veter2 ans park on the lands referred to in subsection (a),

3 and an assessment of such proposals.

4 (4) Any proposal to use a portion of those lands

5 as dedicated green space, and an assessment of such

6 proposals.

7 (c) ALTERNATIVE REPORT ELEMENT.—If a master

8 plan referred to in subsection (a) does not exist as of the

9 date of the enactment of this Act, the Secretary shall set

10 forth in the report under that subsection, in lieu of the

11 matters specified in paragraphs (1) and (2) of subsection

12 (b), a plan for the development of a master plan for the

13 use of the lands referred to in subsection (a) over the next

14 25 years and over the next 50 years.

15 SEC. 708. DESIGNATION OF DEPARTMENT OF VETERANS

16 AFFAIRS MEDICAL CENTER, ASPINWALL,

17 PENNSYLVANIA.

18 The Department of Veterans Affairs medical center

19 in Aspinwall, Pennsylvania, is hereby designated as the

20 ‘‘H. John Heinz III Department of Veterans Affairs Medi21 cal Center’’. Any reference to that medical center in any

22 law, regulation, map, document, record, or other paper of

23 the United States shall be considered to be a reference

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

25 Medical Center.
91

•HRES 592 ATH

1 SEC. 709. DESIGNATION OF DEPARTMENT OF VETERANS

2 AFFAIRS MEDICAL CENTER, GAINESVILLE,

3 FLORIDA.

4 The Department of Veterans Affairs medical center

5 in Gainesville, Florida, is hereby designated as the

6 ‘‘Malcom Randall Department of Veterans Affairs Medical

7 Center’’. Any reference to that medical center in any law,

8 regulation, map, document, record, or other paper of the

9 United States shall be considered to be a reference to the

10 Malcom Randall Department of Veterans Affairs Medical

11 Center.

12 SEC. 710. DESIGNATION OF DEPARTMENT OF VETERANS

13 AFFAIRS OUTPATIENT CLINIC, COLUMBUS,

14 OHIO.

15 The Department of Veterans Affairs outpatient clinic

16 in Columbus, Ohio, shall after the date of the enactment

17 of this Act be known and designated as the ‘‘Chalmers

18 P. Wylie Veterans Outpatient Clinic’’. Any reference to

19 that outpatient clinic in any law, regulation, map, docu20 ment, record, or other paper of the United States shall

21 be considered to be a reference to the Chalmers P. Wylie

22 Veterans Outpatient Clinic.
92

•HRES 592 ATH

1 TITLE VIII—HEALTH PROFES2 SIONALS EDUCATIONAL AS3 SISTANCE

4 SEC. 801. SHORT TITLE.

5 This title may be cited as the ‘‘Department of Veter6 ans Affairs Health Care Personnel Incentive Act of 1998’’.

7 SEC. 802. SCHOLARSHIP PROGRAM FOR DEPARTMENT OF

8 VETERANS AFFAIRS EMPLOYEES RECEIVING

9 EDUCATION OR TRAINING IN THE HEALTH

10 PROFESSIONS.

11 (a) PROGRAM AUTHORITY.—Chapter 76 is amended

12 by adding at the end the following new subchapter:

13 ‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE

14 SCHOLARSHIP PROGRAM

15 ‘‘§ 7671. Authority for program

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

17 Secretary may carry out a scholarship program under this

18 subchapter. The program shall be known as the Depart19 ment of Veterans Affairs Employee Incentive Scholarship

20 Program (hereinafter in this subchapter referred to as the

21 ‘Program’). The purpose of the Program is to assist,

22 through the establishment of an incentive program for in23 dividuals employed in the Veterans Health Administra24 tion, in meeting the staffing needs of the Veterans Health

25 Administration for health professional occupations for
93

•HRES 592 ATH

1 which recruitment or retention of qualified personnel is

2 difficult.

3 ‘‘§ 7672. Eligibility; agreement

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

5 the Program, an individual must be an eligible Depart6 ment employee who is accepted for enrollment or enrolled

7 (as described in section 7602 of this title) as a full-time

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

9 described in subsection (c).

10 ‘‘(b) ELIGIBLE DEPARTMENT EMPLOYEES.—For

11 purposes of subsection (a), an eligible Department em12 ployee is any employee of the Department who, as of the

13 date on which the employee submits an application for

14 participation in the Program, has been continuously em15 ployed by the Department for not less than two years.

16 ‘‘(c) QUALIFYING FIELDS OF EDUCATION OR TRAIN17 ING.—A scholarship may be awarded under the Program

18 only for education and training in a field leading to ap19 pointment or retention in a position under section 7401

20 of this title.

21 ‘‘(d) AWARD OF SCHOLARSHIPS.—Notwithstanding

22 section 7603(d) of this title, the Secretary, in selecting

23 participants in the Program, may award a scholarship only

24 to applicants who have a record of employment with the

25 Veterans Health Administration which, in the judgment
94

•HRES 592 ATH

1 of the Secretary, demonstrates a high likelihood that the

2 applicant will be successful in completing such education

3 or training and in employment in such field.

4 ‘‘(e) AGREEMENT.—(1) An agreement between the

5 Secretary and a participant in the Program shall (in addi6 tion to the requirements set forth in section 7604 of this

7 title) include the following:

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

9 participant with a scholarship under the Program

10 for a specified number (from one to three) of school

11 years during which the participant pursues a course

12 of education or training described in subsection (c)

13 that meets the requirements set forth in section

14 7602(a) of this title.

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

16 full-time employee in the Veterans Health Adminis17 tration for a period of time (hereinafter in this sub18 chapter referred to as the ‘period of obligated serv19 ice’) determined in accordance with regulations pre20 scribed by the Secretary of up to three calendar

21 years for each school year or part thereof for which

22 the participant was provided a scholarship under the

23 Program, but for not less than three years.
95

•HRES 592 ATH

1 ‘‘(C) The participant’s agreement to serve

2 under subparagraph (B) in a Department facility se3 lected by the Secretary.

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

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

6 which a scholarship may be provided under the Program

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

8 of the extension.

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

10 student, the period of obligated service shall be reduced

11 in accordance with the proportion that the number of cred12 it hours carried by such participant in any such school

13 year bears to the number of credit hours required to be

14 carried by a full-time student in the course of training

15 being pursued by the participant, but in no event to less

16 than one year.

17 ‘‘§ 7673. Scholarship

18 ‘‘(a) SCHOLARSHIP.—A scholarship provided to a

19 participant in the Program for a school year shall consist

20 of payment of the tuition (or such portion of the tuition

21 as may be provided under subsection (b)) of the partici22 pant for that school year and payment of other reasonable

23 educational expenses (including fees, books, and labora24 tory expenses) for that school year.
96

•HRES 592 ATH

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

2 payable under subsection (a)—

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

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

5 for any one year; and

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

7 who is a part-time student, shall be the amount

8 specified in paragraph (1) reduced in accordance

9 with the proportion that the number of credit hours

10 carried by the participant in that school year bears

11 to the number of credit hours required to be carried

12 by a full-time student in the course of education or

13 training being pursued by the participant.

14 ‘‘(c) LIMITATION ON YEARS OF PAYMENT.—(1) Sub15 ject to paragraph (2), a participant in the Program may

16 not receive a scholarship under subsection (a) for more

17 than three school years.

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

19 years for which a scholarship may be awarded to a partici20 pant in the Program who is a part-time student to a maxi21 mum of six school years if the Secretary determines that

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

23 States.

24 ‘‘(d) PAYMENT OF EDUCATIONAL EXPENSES BY

25 EDUCATIONAL INSTITUTIONS.—The Secretary may ar-
97

•HRES 592 ATH

1 range with an educational institution in which a partici2 pant in the Program is enrolled for the payment of the

3 educational expenses described in subsection (a). Such

4 payments may be made without regard to subsections (a)

5 and (b) of section 3324 of title 31.

6 ‘‘§ 7674. Obligated service

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

8 shall provide service as a full-time employee of the Depart9 ment for the period of obligated service provided in the

10 agreement of the participant entered into under section

11 7603 of this title. Such service shall be provided in the

12 full-time clinical practice of such participant’s profession

13 or in another health-care position in an assignment or lo14 cation determined by the Secretary.

15 ‘‘(b) DETERMINATION OF SERVICE COMMENCEMENT

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

17 service commencement date, the Secretary shall notify the

18 participant of that service commencement date. That date

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

20 of obligated service.

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

22 commencement date, the Secretary shall—

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

24 full-time employee in the Veterans Health Adminis-
98

•HRES 592 ATH

1 tration, appoint the participant as such an employee;

2 and

3 ‘‘(B) in the case of a participant who is an em4 ployee in the Veterans Health Administration but is

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

6 course of education or training prepared the partici7 pant, assign the participant to such a position.

8 ‘‘(3)(A) In the case of a participant receiving a de9 gree from a school of medicine, osteopathy, dentistry, op10 tometry, or podiatry, the participant’s service commence11 ment date is the date upon which the participant becomes

12 licensed to practice medicine, osteopathy, dentistry, op13 tometry, or podiatry, as the case may be, in a State.

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

15 from a school of nursing, the participant’s service com16 mencement date is the later of—

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

18 ‘‘(ii) the date upon which the participant be19 comes licensed as a registered nurse in a State.

20 ‘‘(C) In the case of a participant not covered by sub21 paragraph (A) or (B), the participant’s service commence22 ment date is the later of—

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

24 ‘‘(ii) the date the participant meets any applica25 ble licensure or certification requirements.
99

•HRES 592 ATH

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

2 service commencement date for participants who were

3 part-time students. Such regulations shall prescribe terms

4 as similar as practicable to the terms set forth in para5 graph (3).

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

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

8 Program shall be considered to have begun serving the

9 participant’s period of obligated service—

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

11 completion date, on which the participant (in accord12 ance with subsection (b)) is appointed as a full-time

13 employee in the Veterans Health Administration; or

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

15 in the Veterans Health Administration on such

16 course completion date, on the date thereafter on

17 which the participant is assigned to a position for

18 which the participant’s course of training prepared

19 the participant.

20 ‘‘(2) A participant in the Program who on the partici21 pant’s course completion date is a full-time employee in

22 the Veterans Health Administration serving in a capacity

23 for which the participant’s course of training prepared the

24 participant shall be considered to have begun serving the
100

•HRES 592 ATH

1 participant’s period of obligated service on such course

2 completion date.

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

4 section, the term ‘course completion date’ means the date

5 on which a participant in the Program completes the par6 ticipant’s course of education or training under the Pro7 gram.

8 ‘‘§ 7675. Breach of agreement: liability

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

10 Program (other than a participant described in subsection

11 (b)) who fails to accept payment, or instructs the edu12 cational institution in which the participant is enrolled not

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

14 under the agreement entered into under section 7603 of

15 this title shall be liable to the United States for liquidated

16 damages in the amount of $1,500. Such liability is in addi17 tion to any period of obligated service or other obligation

18 or liability under the agreement.

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

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

21 participant in the Program shall be liable to the United

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

23 of the participant under the agreement if any of the fol24 lowing occurs:
101

•HRES 592 ATH

1 ‘‘(A) The participant fails to maintain an ac2 ceptable level of academic standing in the edu3 cational institution in which the participant is en4 rolled (as determined by the educational institution

5 under regulations prescribed by the Secretary).

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

7 educational institution for disciplinary reasons.

8 ‘‘(C) The participant voluntarily terminates the

9 course of education or training in such educational

10 institution before the completion of such course of

11 education or training.

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

13 practice medicine, osteopathy, dentistry, podiatry, or

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

15 registered nurse in a State, or fails to meet any ap16 plicable licensure requirement in the case of any

17 other health-care personnel who provide either direct

18 patient-care services or services incident to direct

19 patient-care services, during a period of time deter20 mined under regulations prescribed by the Secretary.

21 ‘‘(E) In the case of a participant who is a part22 time student, the participant fails to maintain em23 ployment, while enrolled in the course of training

24 being pursued by the participant, as a Department

25 employee.
102

•HRES 592 ATH

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

2 service obligation arising under a participant’s agreement.

3 ‘‘(c) LIABILITY DURING PERIOD OF OBLIGATED

4 SERVICE.—(1) Except as provided in subsection (d), if a

5 participant in the Program breaches the agreement by

6 failing for any reason to complete such participant’s pe7 riod of obligated service, the United States shall be enti8 tled to recover from the participant an amount determined

9 in accordance with the following formula:

A=3Φ (

t¥s

)

t

10 ‘‘(2) In such formula:

11 ‘‘(A) ‘A’ is the amount the United States is en12 titled to recover.

13 ‘‘(B) ‘Φ’ is the sum of—

14 ‘‘(i) the amounts paid under this sub15 chapter to or on behalf of the participant; and

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

17 would be payable if at the time the amounts

18 were paid they were loans bearing interest at

19 the maximum legal prevailing rate, as deter20 mined by the Treasurer of the United States.

21 ‘‘(C) ‘t’ is the total number of months in the

22 participant’s period of obligated service, including
103

•HRES 592 ATH

1 any additional period of obligated service in accord2 ance with section 7673(c)(2) of this title.

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

4 served by the participant in accordance with section

5 7673 of this title.

6 ‘‘(d) LIMITATION ON LIABILITY FOR REDUCTIONS7 IN-FORCE.—Liability shall not arise under subsection

8 (b)(1)(E) or (c) in the case of a participant otherwise cov9 ered by the subsection concerned if the participant fails

10 to maintain employment as a Department employee due

11 to a staffing adjustment.

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

13 amount of damages which the United States is entitled

14 to recover under this section shall be paid to the United

15 States within the one-year period beginning on the date

16 of the breach of the agreement.

17 ‘‘§ 7676. Expiration of program

18 ‘‘The Secretary may not furnish scholarships to indi19 viduals who have not commenced participation in the Pro20 gram before December 31, 2001.’’.

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

22 at the beginning of such chapter is amended by adding

23 at the end the following new items:

‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP

PROGRAM

‘‘7671. Authority for program.

‘‘7672. Eligibility; agreement.
104

•HRES 592 ATH

‘‘7673. Scholarship.

‘‘7674. Obligated service.

‘‘7675. Breach of agreement: liability.

‘‘7676. Expiration of program.’’.

1 SEC. 803. EDUCATION DEBT REDUCTION PROGRAM FOR

2 VETERANS HEALTH ADMINISTRATION

3 HEALTH PROFESSIONALS.

4 (a) PROGRAM AUTHORITY.—Chapter 76 (as amended

5 by section 802(a)), is further amended by adding after

6 subchapter VI the following new subchapter:

7 ‘‘SUBCHAPTER VII—EDUCATION DEBT

8 REDUCTION PROGRAM

9 ‘‘§ 7681. Authority for program

10 ‘‘(a) IN GENERAL.—(1) As part of the Educational

11 Assistance Program, the Secretary may carry out an edu12 cation debt reduction program under this subchapter. The

13 program shall be known as the Department of Veterans

14 Affairs Education Debt Reduction Program (hereinafter

15 in this subchapter referred to as the ‘Education Debt Re16 duction Program’).

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

18 Program is to assist in the recruitment of qualified health

19 care professionals for positions in the Veterans Health Ad20 ministration for which recruitment or retention of an ade21 quate supply of qualified personnel is difficult.

22 ‘‘(b) RELATIONSHIP TO EDUCATIONAL ASSISTANCE

23 PROGRAM.—Education debt reduction payments under
105

•HRES 592 ATH

1 the Education Debt Reduction Program may be in addi2 tion to other assistance available to individuals under the

3 Educational Assistance Program.

4 ‘‘§ 7682. Eligibility

5 ‘‘(a) ELIGIBILITY.—An individual is eligible to par6 ticipate in the Education Debt Reduction Program if the

7 individual—

8 ‘‘(1) is a recently appointed employee in the

9 Veterans Health Administration serving under an

10 appointment under section 7402(b) of this title in a

11 position for which recruitment or retention of a

12 qualified health-care personnel (as determined by the

13 Secretary) is difficult; and

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

15 under a loan, the proceeds of which were used by or

16 on behalf of that individual to pay costs relating to

17 a course of education or training which led to a de18 gree that qualified the individual for the position re19 ferred to in paragraph (1).

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

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

22 include—

23 ‘‘(1) tuition expenses;
106

•HRES 592 ATH

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

2 including expenses for fees, books, and laboratory

3 expenses; and

4 ‘‘(3) reasonable living expenses.

5 ‘‘(c) RECENTLY APPOINTED INDIVIDUALS.—For

6 purposes of subsection (a), an individual shall be consid7 ered to be recently appointed to a position if the individual

8 has held that position for less than six months.

9 ‘‘§ 7683. Education debt reduction

10 ‘‘(a) IN GENERAL.—Education debt reduction pay11 ments under the Education Debt Reduction Program shall

12 consist of payments to individuals selected to participate

13 in the program of amounts to reimburse such individuals

14 for payments by such individuals of principal and interest

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

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

17 may make education debt reduction payments to any given

18 participant in the Education Debt Reduction Program on

19 a monthly or annual basis, as determined by the Sec20 retary.

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

22 end of the period determined by the Secretary under para23 graph (1).

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

25 may make education debt reduction payments to a partici-
107

•HRES 592 ATH

1 pant in the Education Debt Reduction Program for a pe2 riod only if the Secretary determines that the individual

3 maintained an acceptable level of performance in the posi4 tion or positions served by the participant during the pe5 riod.

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

7 paragraph (2), the amount of education debt reduction

8 payments made to a participant for a year under the Edu9 cation Debt Reduction Program may not exceed—

10 ‘‘(A) $6,000 for the first year of the partici11 pant’s participation in the Program;

12 ‘‘(B) $8,000 for the second year of the partici13 pant’s participation in the Program; and

14 ‘‘(C) $10,000 for the third year of the partici15 pant’s participation in the Program.

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

17 such Program for any year may not exceed the amount

18 of the principal and interest on loans referred to in sub19 section (a) that is paid by the individual during such year.

20 ‘‘§ 7684. Expiration of program

21 ‘‘The Secretary may not make education debt reduc22 tion payments to individuals who have not commenced

23 participation in the Education Debt Reduction Program

24 before December 31, 2001.’’.
108

•HRES 592 ATH

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

2 at the beginning of such chapter (as amended by section

3 802(b)) is further amended by adding at the end the fol4 lowing new items:

‘‘SUBCHAPTER VII—EDUCATION DEBT REDUCTION PROGRAM

‘‘7681. Authority for program.

‘‘7682. Eligibility.

‘‘7683. Education debt reduction.

‘‘7684. Expiration of program.’’.

5 SEC. 804. REPEAL OF PROHIBITION ON PAYMENT OF TUI6 TION LOANS.

7 Section 523(b) of the Veterans Health Care Act of

8 1992 (Public Law 102–585; 106 Stat. 4959; 38 U.S.C.

9 7601 note) is repealed.

10 SEC. 805. CONFORMING AMENDMENTS.

11 Chapter 76 is amended as follows:

12 (1) Section 7601(a) is amended—

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

14 paragraph (2);

15 (B) by striking out the period at the end

16 of paragraph (3) and inserting in lieu thereof a

17 semicolon; and

18 (C) by adding at the end the following new

19 paragraphs:

20 ‘‘(4) the employee incentive scholarship pro21 gram provided for in subchapter VI of this chapter;

22 and’’; and
109

•HRES 592 ATH

1 ‘‘(5) the education debt reduction program pro2 vided for in subchapter VII of this chapter.’’.

3 (2) Section 7602 is amended—

4 (A) in subsection (a)(1)—

5 (i) by striking out ‘‘subchapter I or

6 II’’ and inserting in lieu thereof ‘‘sub7 chapter II, III, or VI’’;

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

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

10 (iii) by inserting before the period at

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

12 scholarship may be awarded under sub13 chapter VI of this chapter, as the case may

14 be’’; and

15 (B) in subsection (b), by striking out ‘‘sub16 chapter I or II’’ and inserting in lieu thereof

17 ‘‘subchapter II, III, or VI’’.

18 (3) Section 7603 is amended—

19 (A) in subsection (a)—

20 (i) by striking out ‘‘To apply to par21 ticipate in the Educational Assistance Pro22 gram,’’ and inserting in lieu thereof ‘‘(1)

23 To apply to participate in the Educational

24 Assistance Program under subsection II,

25 III, V, or VI of this chapter,’’; and
110

•HRES 592 ATH

1 (ii) by adding at the end the follow2 ing:

3 ‘‘(2) To apply to participate in the Educational As4 sistance Program under subchapter VII of this chapter,

5 an individual shall submit to the Secretary an application

6 for such participation.’’; and

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

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

9 (4) Section 7604 is amended by striking out

10 ‘‘subchapter II, III, or V’’ in paragraphs (1)(A),

11 (2)(D), and (5) and inserting in lieu thereof ‘‘sub12 chapter II, III, V, or VI’’.

13 (5) Section 7632 is amended—

14 (A) in paragraph (1)—

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

16 Reimbursement Program’’ and inserting in

17 lieu thereof ‘‘, the Tuition Reimbursement

18 Program, the Employee Incentive Scholar19 ship Program, and the Education Debt Re20 duction Program’’; and

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

22 ‘‘number of students’’;

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

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

25 (C) in paragraph (4)—
111

•HRES 592 ATH

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

2 and inserting in lieu thereof ‘‘, per partici3 pant’’; and

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

5 the Employee Incentive Scholarship Pro6 gram, and per participant in the Education

7 Debt Reduction Program’’ before the pe8 riod at the end.

9 (6) Section 7636 is amended by striking ‘‘or a

10 stipend’’ and inserting ‘‘a stipend, or education debt

11 reduction’’.

12 SEC. 806. COORDINATION WITH APPROPRIATIONS PROVI13 SION.

14 This title shall be considered to be the authorizing

15 legislation referred to in the third proviso under the head16 ing ‘‘VETERANS HEALTH ADMINISTRATION—MEDICAL

17 CARE’’ in title I of the Departments of Veterans Affairs

18 and Housing and Urban Development, and Independent

19 Agencies Appropriations Act, 1999, and the reference in

20 that proviso to the ‘‘Primary Care Providers Incentive

21 Act’’ shall be treated as referring to this title.
112

•HRES 592 ATH

1 TITLE IX—MISCELLANEOUS

2 MEDICAL CARE AND MEDICAL

3 ADMINISTRATION PROVI4 SIONS

5 SEC. 901. EXAMINATIONS AND CARE ASSOCIATED WITH

6 CERTAIN RADIATION TREATMENT.

7 (a) IN GENERAL.—Chapter 17 is amended by insert8 ing after section 1720D the following new section:

9 ‘‘§ 1720E. Nasopharyngeal radium irradiation

10 ‘‘(a) The Secretary may provide any veteran a medi11 cal examination, and hospital care, medical services, and

12 nursing home care, which the Secretary determines is

13 needed for the treatment of any cancer of the head or neck

14 which the Secretary finds may be associated with the vet15 eran’s receipt of nasopharyngeal radium irradiation treat16 ments in active military, naval, or air service.

17 ‘‘(b) The Secretary shall provide care and services to

18 a veteran under subsection (a) only on the basis of evi19 dence in the service records of the veteran which document

20 nasopharyngeal radium irradiation treatment in service,

21 except that, notwithstanding the absence of such docu22 mentation, the Secretary may provide such care to a vet23 eran who—
113

•HRES 592 ATH

1 ‘‘(1) served as an aviator in the active military,

2 naval, or air service before the end of the Korean

3 conflict; or

4 ‘‘(2) underwent submarine training in active

5 naval service before January 1, 1965.’’.

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

7 at the beginning of such chapter is amended by inserting

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

9 item:

‘‘1720E. Nasopharyngeal radium irradiation.’’.

10 SEC. 902. EXTENSION OF AUTHORITY TO COUNSEL AND

11 TREAT VETERANS FOR SEXUAL TRAUMA.

12 Section 1720D(a) is amended by striking out ‘‘De13 cember 31, 1998’’ in paragraphs (1) and (3) and inserting

14 in lieu thereof ‘‘December 31, 2001’’.

15 SEC. 903. MANAGEMENT OF SPECIALIZED TREATMENT AND

16 REHABILITATIVE PROGRAMS.

17 (a) STANDARDS OF JOB PERFORMANCE.—Section

18 1706(b) is amended—

19 (1) in paragraph (2), by striking out ‘‘April 1,

20 1997, April 1, 1998, and April 1, 1999’’ and insert21 ing in lieu thereof ‘‘April 1, 1999, April 1, 2000,

22 and April 1, 2001’’; and

23 (2) by adding at the end the following new

24 paragraph:
114

•HRES 592 ATH

1 ‘‘(3)(A) To ensure compliance with paragraph (1),

2 the Under Secretary for Health shall prescribe objective

3 standards of job performance for employees in positions

4 described in subparagraph (B) with respect to the job per5 formance of those employees in carrying out the require6 ments of paragraph (1). Those job performance standards

7 shall include measures of workload, allocation of re8 sources, and quality-of-care indicators.

9 ‘‘(B) Positions described in this subparagraph are po10 sitions in the Veterans Health Administration that have

11 responsibility for allocating and managing resources appli12 cable to the requirements of paragraph (1).

13 ‘‘(C) The Under Secretary shall develop the job per14 formance standards under subparagraph (A) in consulta15 tion with the Advisory Committee on Prosthetics and Spe16 cial Disabilities Programs and the Committee on Care of

17 Severely Chronically Mentally Ill Veterans.’’.

18 (b) DEADLINE FOR PRESCRIBING STANDARDS.—The

19 standards of job performance required by paragraph (3)

20 of section 1706(b) of title 38, United States Code, as

21 added by subsection (a), shall be prescribed not later than

22 January 1, 1999.
115

•HRES 592 ATH

1 SEC. 904. AUTHORITY TO USE FOR OPERATING EXPENSES

2 OF DEPARTMENT OF VETERANS AFFAIRS

3 MEDICAL FACILITIES AMOUNTS AVAILABLE

4 BY REASON OF THE LIMITATION ON PENSION

5 FOR VETERANS RECEIVING NURSING HOME

6 CARE.

7 (a) IN GENERAL.—Section 5503(a)(1)(B) is amend8 ed by striking ‘‘Effective through September 30, 1997,

9 any’’ in the second sentence and inserting ‘‘Any’’.

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

11 subsection (a) shall take effect as of October 1, 1997.

12 SEC. 905. REPORT ON NURSE LOCALITY PAY.

13 (a) REPORT REQUIRED.—(1) Not later than Feb14 ruary 1, 1999, the Secretary of Veterans Affairs shall sub15 mit to the Committees on Veterans’ Affairs of the Senate

16 and the House of Representatives a report assessing the

17 system of locality-based pay for nurses established under

18 the Department of Veterans Affairs Nurse Pay Act of

19 1990 (Public Law 101–366) and now set forth in section

20 7451 of title 38, United States Code.

21 (2) The Secretary shall submit with the report under

22 paragraph (1) a copy of the report on the locality pay sys23 tem prepared by the contractor pursuant to a contract

24 with Systems Flow, Inc., that was entered into on May

25 22, 1998.
116

•HRES 592 ATH

1 (b) MATTERS TO BE INCLUDED—The report of the

2 Secretary under subsection (a)(1) shall include the follow3 ing:

4 (1) An assessment of the effects of the locality5 based pay system, including information, shown by

6 facility and grade level, regarding the frequency and

7 percentage increases, if any, in the rate of basic pay

8 under that system of nurses employed in the Veter9 ans Health Administration.

10 (2) An assessment of the manner in which that

11 system is being applied.

12 (3) Plans and recommendations of the Sec13 retary for administrative and legislative improve14 ments or revisions to the locality pay system.

15 (4) An explanation of the reasons for any deci16 sion not to adopt any recommendation in the report

17 referred to in subsection (a)(2).

18 (c) UPDATED REPORT.—Not later than February 1,

19 2000, the Secretary shall submit to the Committees on

20 Veterans’ Affairs of the Senate and House of Representa21 tives a report updating the report submitted under sub22 section (a)(1).
117

•HRES 592 ATH

1 SEC. 906. ANNUAL REPORT ON PROGRAM AND EXPENDI2 TURES OF DEPARTMENT OF VETERANS AF3 FAIRS FOR DOMESTIC RESPONSE TO WEAP4 ONS OF MASS DESTRUCTION.

5 (a) IN GENERAL.—Subchapter II of chapter 5 is

6 amended by adding at the end the following new section:

7 ‘‘§ 530. Annual report on program and expenditures

8 for domestic response to weapons of mass

9 destruction

10 ‘‘(a) The Secretary shall submit to the Committees

11 on Veterans’ Affairs of the Senate and House of Rep12 resentatives an annual report, to be submitted each year

13 at the time that the President submits the budget for the

14 next fiscal year under section 1105 of title 31, on the ac15 tivities of the Department relating to preparation for, and

16 participation in, a domestic medical response to an attack

17 involving weapons of mass destruction.

18 ‘‘(b) Each report under subsection (a) shall include

19 the following:

20 ‘‘(1) A statement of the amounts of funds and

21 the level of personnel resources (stated in terms of

22 full-time equivalent employees) expected to be used

23 by the Department during the next fiscal year in

24 preparation for a domestic medical response to an

25 attack involving weapons of mass destruction, in26 cluding the anticipated source of those funds and
118

•HRES 592 ATH

1 any anticipated shortfalls in funds or personnel re2 sources to achieve the tasks assigned the Depart3 ment by the President in connection with prepara4 tion for such a response.

5 ‘‘(2) A detailed statement of the funds ex6 pended and personnel resources (stated in terms of

7 full-time equivalent employees) used during the fis8 cal year preceding the fiscal year during which the

9 report is submitted in preparation for a domestic

10 medical response to an attack involving weapons of

11 mass destruction or in response to such an attack,

12 including identification of the source of those funds

13 and a description of how those funds were expended.

14 ‘‘(3) A detailed statement of the funds ex15 pended and expected to be expended, and the per16 sonnel resources (stated in terms of full-time equiva17 lent employees) used and expected to be used, dur18 ing the fiscal year during which the report is submit19 ted in preparation for a domestic medical response

20 to an attack involving weapons of mass destruction

21 or in response to such an attack, including identi22 fication of the source of funds expended and a de23 scription of how those funds were expended.

24 ‘‘(c) This section shall expire on January 1, 2009.’’.
119

•HRES 592 ATH

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

2 at the beginning of such chapter is amended by inserting

3 after the item relating to section 529 the following new

4 item:

‘‘530. Annual report on program and expenditures for domestic response to

weapons of mass destruction.’’.

5 SEC. 907. INTERIM APPOINTMENT OF UNDER SECRETARY

6 FOR HEALTH.

7 The President may appoint to the position of Under

8 Secretary for Health of the Department of Veterans Af9 fairs, for service through June 30, 1999, the individual

10 whose appointment to that position under section 305 of

11 title 38, United States Code, expired on September 28,

12 1998.

13 TITLE X—OTHER MATTERS

14 SEC. 1001. REQUIREMENT FOR NAMING OF DEPARTMENT

15 PROPERTY.

16 (a) IN GENERAL.—(1) Subchapter II of chapter 5,

17 as amended by section 906(a), is further amended by add18 ing at the end the following new section:

19 ‘‘§ 531. Requirement relating to naming of Depart20 ment property

21 ‘‘Except as expressly provided by law, a facility,

22 structure, or real property of the Department, and a major

23 portion (such as a wing or floor) of any such facility,

24 structure, or real property, may be named only for the
120

•HRES 592 ATH

1 geographic area in which the facility, structure, or real

2 property is located.’’.

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

4 chapter is amended by inserting after the item relating

5 to section 530, as added by section 906(b), the following

6 new item:

‘‘531. Requirement relating to naming of Department property.’’.

7 (b) EFFECTIVE DATE.—Section 531 of title 38,

8 United States Code, as added by subsection (a)(1), shall

9 apply with respect to the assignment or designation of the

10 name of a facility, structure, or real property of the De11 partment of Veterans Affairs (or of a major portion there12 of) after the date of the enactment of this Act.

13 SEC. 1002. MEMBERS OF THE BOARD OF VETERANS’ AP14 PEALS.

15 (a) REQUIREMENT FOR BOARD MEMBERS TO BE

16 ATTORNEYS.—Section 7101A(a) is amended—

17 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

18 (2) by adding at the end the following new

19 paragraph:

20 ‘‘(2) Each member of the Board shall be a member

21 in good standing of the bar of a State.’’.

22 (b) EMPLOYMENT REVERSION RIGHTS.—Paragraph

23 (2) of section 7101A(d) is amended to read as follows:

24 ‘‘(2)(A) Upon removal from the Board under para25 graph (1) of a member of the Board who before appoint-
121

•HRES 592 ATH

1 ment to the Board served as an attorney in the civil serv2 ice, the Secretary shall appoint that member to an attor3 ney position at the Board, if the removed member so re4 quests. If the removed member served in an attorney posi5 tion at the Board immediately before appointment to the

6 Board, appointment to an attorney position under this

7 paragraph shall be in the grade and step held by the re8 moved member immediately before such appointment to

9 the Board.

10 ‘‘(B) The Secretary is not required to make an ap11 pointment to an attorney position under this paragraph

12 if the Secretary determines that the member of the Board

13 removed under paragraph (1) is not qualified for the posi14 tion.’’.

15 SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF

16 APPEALS BY BOARD OF VETERANS’ APPEALS.

17 (a) FLEXIBILITY IN ORDER OF CONSIDERATION AND

18 DETERMINATION.—Subsection (a) of section 7107 is

19 amended—

20 (1) in paragraph (1), by inserting ‘‘in para21 graphs (2) and (3) and’’ after ‘‘Except as provided’’;

22 (2) in paragraph (2), by striking out the second

23 sentence and inserting in lieu thereof the following:

24 ‘‘Any such motion shall set forth succinctly the
122

•HRES 592 ATH

1 grounds upon which the motion is based. Such a mo2 tion may be granted only—

3 ‘‘(A) if the case involves interpretation of law of

4 general application affecting other claims;

5 ‘‘(B) if the appellant is seriously ill or is under

6 severe financial hardship; or

7 ‘‘(C) for other sufficient cause shown.’’; and

8 (3) by adding at the end the following new

9 paragraph:

10 ‘‘(3) A case referred to in paragraph (1) may be post11 poned for later consideration and determination if such

12 postponement is necessary to afford the appellant a hear13 ing.’’.

14 (b) SCHEDULING OF FIELD HEARINGS.—Subsection

15 (d) of such section is amended—

16 (1) in paragraph (2), by striking out ‘‘in the

17 order’’ and all that follows through the end and in18 serting in lieu thereof ‘‘in accordance with the place

19 of the case on the docket under subsection (a) rel20 ative to other cases on the docket for which hearings

21 are scheduled to be held within that area.’’; and

22 (2) by striking out paragraph (3) and inserting

23 in lieu thereof the following new paragraph (3):

24 ‘‘(3) A hearing to be held within an area served by

25 a regional office of the Department may, for cause shown,
123

•HRES 592 ATH

1 be advanced on motion for an earlier hearing. Any such

2 motion shall set forth succinctly the grounds upon which

3 the motion is based. Such a motion may be granted only—

4 ‘‘(A) if the case involves interpretation of law of

5 general application affecting other claims;

6 ‘‘(B) if the appellant is seriously ill or is under

7 severe financial hardship; or

8 ‘‘(C) for other sufficient cause shown.’’.

9 SEC. 1004. DISABLED VETERANS OUTREACH PROGRAM SPE10 CIALISTS.

11 (a) IN GENERAL.—Section 4103A(a)(1) is amend12 ed—

13 (1) in the first sentence, by striking out ‘‘for

14 each 6,900 veterans residing in such State’’ through

15 the period and inserting in lieu thereof ‘‘for each

16 7,400 veterans who are between the ages of 20 and

17 64 residing in such State.’’;

18 (2) in the third sentence, by striking out ‘‘of

19 the Vietnam era’’; and

20 (3) by striking out the fourth sentence.

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

22 this section shall apply with respect to appointments of

23 disabled veterans’ outreach program specialists under sec24 tion 4103A of title 38, United States Code, on or after

25 the date of the enactment of this Act.
124

•HRES 592 ATH

1 SEC. 1005. TECHNICAL AMENDMENTS.

2 (a) SECTION REDESIGNATION.—Section 1103, as

3 added by section 8031(a) of the Veterans Reconciliation

4 Act of 1997 (title VIII of Public Law 105–33), is redesig5 nated as section 1104, and the item relating to that sec6 tion in the table of sections at the beginning of chapter

7 11 is revised to reflect that redesignation.

8 (b) OTHER AMENDMENTS TO TITLE 38, U.S.C.—

9 (1) Section 712(a) is amended by striking out

10 ‘‘the date of the enactment of this section’’ and in11 serting in lieu thereof ‘‘November 2, 1994,’’.

12 (2) Section 1706(b)(1) is amended by striking

13 out ‘‘the date of the enactment of this section’’ at

14 the end of the first sentence and inserting in lieu

15 thereof ‘‘October 9, 1996’’.

16 (3) Section 1710(e)(2)(A)(ii) is amended by

17 striking out ‘‘section 2’’ and inserting in lieu thereof

18 ‘‘section 3’’.

19 (4) Section 1803(c)(2) is amended by striking

20 out ‘‘who furnishes health care that the Secretary

21 determines authorized’’ and inserting in lieu thereof

22 ‘‘furnishing health care services that the Secretary

23 determines are authorized’’.

24 (5) Section 2408(d)(1) is amended—
125

•HRES 592 ATH

1 (A) by striking out ‘‘the date of the enact2 ment of this subsection’’ and inserting in lieu

3 thereof ‘‘November 21, 1997,’’; and

4 (B) by striking out ‘‘on the condition de5 scribed in’’ and inserting in lieu thereof ‘‘sub6 ject to the condition specified in’’.

7 (6) Section 3018B(a)(2)(E) is amended by

8 striking out ‘‘before the one-year period beginning

9 on the date of enactment of this section,’’ and in10 serting in lieu thereof ‘‘before October 23, 1993,’’.

11 (7) Section 3231(a)(2) is amended by striking

12 out ‘‘subsection (f)’’ and inserting in lieu thereof

13 ‘‘subsection (e)’’.

14 (8) Section 3674A(b)(1) is amended by striking

15 out ‘‘after the 18-month period beginning on the

16 date of the enactment of this section’’.

17 (9) Section 3680A(d)(2)(C) is amended by

18 striking out ‘‘section’’.

19 (10) Section 3714(f)(1)(B) is amended by strik20 ing out ‘‘more than 45 days after the date of the en21 actment of the Veterans’ Benefits and Programs Im22 provement Act of 1988’’ and inserting in lieu thereof

23 ‘‘after January 1, 1989’’.
126

•HRES 592 ATH

1 (11) Section 3727(a) is amended by striking

2 out ‘‘the date of enactment of this section’’ and in3 serting in lieu thereof ‘‘May 7, 1968’’.

4 (12) Section 3730(a) is amended by striking

5 out ‘‘Within’’ and all that follows through ‘‘steps to’’

6 and inserting in lieu thereof ‘‘The Secretary shall’’.

7 (13) Section 4102A(e)(1) is amended by strik8 ing out the second sentence and inserting in lieu

9 thereof the following: ‘‘A person may not be assigned

10 after October 9, 1996, as such a Regional Adminis11 trator unless the person is a veteran.’’.

12 (14) Section 4110A is amended—

13 (A) by striking out subsection (b); and

14 (B) by redesignating paragraph (3) of sub15 section (a) as subsection (b) and striking out

16 ‘‘paragraph (1)’’ therein and inserting in lieu

17 thereof ‘‘subsection (a)’’.

18 (15) Section 5303A(d) is amended—

19 (A) in paragraph (2)(B), by striking out

20 ‘‘on or after the date of the enactment of this

21 subsection’’ and inserting in lieu thereof ‘‘after

22 October 13, 1982,’’; and

23 (B) in paragraph (3)(B)(i), by striking out

24 ‘‘on or after the date of the enactment of this
127

•HRES 592 ATH

1 subsection,’’ and inserting in lieu thereof ‘‘after

2 October 13, 1982,’’.

3 (16) Section 5313(d)(1) is amended by striking

4 out ‘‘the date of the enactment of this section,’’ and

5 inserting in lieu thereof ‘‘October 7, 1980,’’.

6 (17) Section 5315(b)(1) is amended by striking

7 out ‘‘the date of the enactment of this section,’’ and

8 inserting in lieu thereof ‘‘October 17, 1980,’’.

9 (18) Section 8107(b)(3)(E) is amended by

10 striking out ‘‘section 7305’’ and inserting in lieu

11 thereof ‘‘section 7306(f)(1)(A)’’.

12 (c) PUBLIC LAW 104–275.—The Veterans’ Benefits

13 Improvements Act of 1996 (Public Law 104–275) is

14 amended as follows:

15 (1) Section 303(b) (110 Stat. 3332; 38 U.S.C.

16 4104 note) is amended by striking out ‘‘sections

17 4104(b)(1) and (c)’’ and inserting in lieu thereof

18 ‘‘subsections (b)(1) and (c) of section 4104’’.

19 (2) Section 705(e) (110 Stat. 3350; 38 U.S.C.

20 545 note) is amended by striking out ‘‘section 5316’’

21 and inserting in lieu thereof ‘‘section 5315’’.
128

•HRES 592 ATH

1 TITLE XI—COMPENSATION

2 COST-OF-LIVING ADJUSTMENT

3 SEC. 1101. INCREASE IN RATES OF DISABILITY COMPENSA4 TION AND DEPENDENCY AND INDEMNITY

5 COMPENSATION.

6 (a) RATE ADJUSTMENT.—The Secretary of Veterans

7 Affairs shall, effective on December 1, 1998, increase the

8 dollar amounts in effect for the payment of disability com9 pensation and dependency and indemnity compensation by

10 the Secretary, as specified in subsection (b).

11 (b) AMOUNTS TO BE INCREASED.—The dollar

12 amounts to be increased pursuant to subsection (a) are

13 the following:

14 (1) COMPENSATION.—Each of the dollar

15 amounts in effect under section 1114 of title 38,

16 United States Code.

17 (2) ADDITIONAL COMPENSATION FOR DEPEND18 ENTS.—Each of the dollar amounts in effect under

19 sections 1115(1) of such title.

20 (3) CLOTHING ALLOWANCE.—The dollar

21 amount in effect under section 1162 of such title.

22 (4) NEW DIC RATES.—The dollar amounts in

23 effect under paragraphs (1) and (2) of section

24 1311(a) of such title.
129

•HRES 592 ATH

1 (5) OLD DIC RATES.—Each of the dollar

2 amounts in effect under section 1311(a)(3) of such

3 title.

4 (6) ADDITIONAL DIC FOR SURVIVING SPOUSES

5 WITH MINOR CHILDREN.—The dollar amount in ef6 fect under section 1311(b) of such title.

7 (7) ADDITIONAL DIC FOR DISABILITY.—The

8 dollar amounts in effect under sections 1311(c) and

9 1311(d) of such title.

10 (8) DIC FOR DEPENDENT CHILDREN.—The

11 dollar amounts in effect under sections 1313(a) and

12 1314 of such title.

13 (c) DETERMINATION OF INCREASE.—(1) The in14 crease under subsection (a) shall be made in the dollar

15 amounts specified in subsection (b) as in effect on Novem16 ber 30, 1998.

17 (2) Except as provided in paragraph (3), each such

18 amount shall be increased by the same percentage as the

19 percentage by which benefit amounts payable under title

20 II of the Social Security Act (42 U.S.C. 401 et seq.) are

21 increased effective December 1, 1998, as a result of a de22 termination under section 215(i) of such Act (42 U.S.C.

23 415(i)).
130

•HRES 592 ATH

1 (3) Each dollar amount increased pursuant to para2 graph (2) shall, if not a whole dollar amount, be rounded

3 down to the next lower whole dollar amount.

4 (d) SPECIAL RULE.—The Secretary may adjust ad5 ministratively, consistent with the increases made under

6 subsection (a), the rates of disability compensation pay7 able to persons within the purview of section 10 of Public

8 Law 85–857 (72 Stat. 1263) who are not in receipt of

9 compensation payable pursuant to chapter 11 of title 38,

10 United States Code.

11 SEC. 1102. PUBLICATION OF ADJUSTED RATES.

12 At the same time as the matters specified in section

13 215(i)(2)(D) of the Social Security Act (42 U.S.C.

14 415(i)(2)(D)) are required to be published by reason of

15 a determination made under section 215(i) of such Act

16 during fiscal year 1998, the Secretary of Veterans Affairs

17 shall publish in the Federal Register the amounts specified

18 in subsection (b) of section 1101, as increased pursuant

19 to that section.

Æ