105TH CONGRESS
2D SESSION
H.R. 4110
AMENDMENTS
TO
SENATE AMENDMENT
In the House of Representatives, U. S.,
October 10, 1998.
Resolved, That House agree to the amendment of the
Senate to the bill (H.R. 4110) entitled ‘‘An Act to provide
a cost-of-living adjustment in rates of compensation paid to
veterans with service-connected disabilities, to make various
improvements in education, housing, and cemetery programs
of the Department of Veterans Affairs, and for other pur-
poses’’, with the following
AMENDMENTS:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vet-
erans Programs Enhancement Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of 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 Per-
sian 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 develop-
ment 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.
Sec. 207. Information on minimum requirements for education benefits for mem-
bers of the Armed Forces discharged early from duty for the con-
venience 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 serv-
ices 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 inter-
ment.
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 veter-
ans.
Sec. 602. Veterans housing benefit program fund account consolidation.
Sec. 603. Extension of eligibility of members of Selected Reserve for veterans hous-
ing loans.
Sec. 604. Applicability of procurement law to certain contracts of department of
veterans affairs.
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, Gaines-
ville, Florida.
Sec. 710. Designation of Department of Veterans Affairs outpatient clinic, Colum-
bus, Ohio.
TITLE VIII—HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE
Sec. 801. Short title.
Sec. 802. Scholarship program for Department of Veterans Affairs employees re-
ceiving 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 Af-
fairs medical facilities amounts available by reason of the limi-
tation 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
Sec. 1101. Increase in rates of disability compensation and dependency and in-
demnity compensation.
Sec. 1102. Publication of adjusted rates.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I—PROVISIONS RELATING
TO VETERANS OF PERSIAN
GULF WAR AND FUTURE CON-
FLICTS
SEC. 101. AGREEMENT WITH NATIONAL ACADEMY OF
SCIENCES 
REGARDING 
EVALUATION 
OF
HEALTH CONSEQUENCES OF SERVICE IN
SOUTHWEST 
ASIA 
DURING 
THE 
PERSIAN
GULF WAR.
(a) PURPOSE.—The purpose of this section is to pro-
vide for the National Academy of Sciences, an independent
nonprofit scientific organization with appropriate expertise
which is not a part of the Federal Government, to review
and evaluate the available scientific evidence regarding as-
sociations between illness and service in the Persian Gulf
War.
(b) AGREEMENT.—(1) The Secretary of Veterans Af-
fairs shall seek to enter into an agreement with the National
Academy of Sciences for the Academy to perform the activi-
ties covered by this section. The Secretary shall seek to enter
into the agreement not later than two months after the date
of the enactment of this Act.
(2)(A) If the Secretary is unable within the time pe-
riod set forth in paragraph (1) to enter into an agreement
with the Academy for the purposes of this section on terms
acceptable to the Secretary, the Secretary shall seek to enter
into an agreement for purposes of this section with another
appropriate scientific organization that is not part of the
Government, operates as a not-for-profit entity, and has ex-
pertise and objectivity comparable to that of the Academy.
(B) If the Secretary enters into an agreement with an-
other organization under this paragraph, any reference in
this section to the National Academy of Sciences shall be
treated as a reference to such other organization.
(c) REVIEW OF SCIENTIFIC EVIDENCE.—(1) Under the
agreement under subsection (b), the National Academy of
Sciences shall conduct a comprehensive review and evalua-
tion of the available scientific and medical information re-
garding the health status of Gulf War veterans and the
health consequences of exposures to risk factors during serv-
ice in the Persian Gulf War. In conducting such review and
evaluation, the Academy shall—
(A) identify the biological, chemical, or other
toxic agents, environmental or wartime hazards, or
preventive medicines or vaccines (including the agents
specified in subsection (d)(1)) to which members of
the Armed Forces who served in the Southwest Asia
theater of operations during the Persian Gulf War
may have been exposed by reason of such service;
(B) identify the illnesses associated with the
agents, hazards, or medicines or vaccines identified
under subparagraph (A); and
(C) identify the illnesses (including diagnosed
illnesses and undiagnosed illnesses) for which there is
scientific evidence of a higher prevalence among popu-
lations of Gulf War veterans when compared with
other appropriate populations of individuals.
(2) In identifying illnesses under subparagraphs (B)
and (C) of paragraph (1), the Academy shall review and
summarize the relevant scientific evidence regarding ill-
nesses, including symptoms, adverse reproductive health
outcomes, and mortality, among the members described in
paragraph (1)(A) and among other appropriate popu-
lations of individuals.
(3) In conducting the review and evaluation under
paragraph (1), the Academy shall, for each illness identified
under subparagraph (B) or (C) of that paragraph, assess
the latency period, if any, between service or exposure to
any potential risk factor (including an agent, hazard, or
medicine or vaccine identified under subparagraph (A) of
that paragraph) and the manifestation of such illness.
(d) SPECIFIED AGENTS.—(1) In identifying under
subsection (c)(1)(A) the agents, hazards, or preventive medi-
cines or vaccines to which members of the Armed Forces
may have been exposed, the National Academy of Sciences
shall consider the following:
(A) The following organophosphorous pesticides:
(i) Chlorpyrifos.
(ii) Diazinon.
(iii) Dichlorvos.
(iv) Malathion.
(B) The following carbamate pesticides:
(i) Proxpur.
(ii) Carbaryl.
(iii) Methomyl.
(C) The carbamate pyridostigmine bromide used
as nerve agent prophylaxis.
(D) The following chlorinated hydrocarbons and
other pesticides and repellents:
(i) Lindane.
(ii) Pyrethrins.
(iii) Permethrins.
(iv) Rodenticides (bait).
(v) Repellent (DEET).
(E) The following low-level nerve agents and pre-
cursor compounds at exposure levels below those which
produce immediately apparent incapacitating symp-
toms:
(i) Sarin.
(ii) Tabun.
(F) The following synthetic chemical compounds:
(i) Mustard agents at levels below those
which cause immediate blistering.
(ii) Volatile organic compounds.
(iii) Hydrazine.
(iv) Red fuming nitric acid.
(v) Solvents.
(G) The following sources of radiation:
(i) Depleted uranium.
(ii) Microwave radiation.
(iii) Radio frequency radiation.
(H) The following environmental particulates
and pollutants:
(i) Hydrogen sulfide.
(ii) Oil fire byproducts.
(iii) Diesel heater fumes.
(iv) Sand micro-particles.
(I) Diseases endemic to the region (including the
following):
(i) Leishmaniasis.
(ii) Sandfly fever.
(iii) Pathogenic escherichia coli.
(iv) Shigellosis.
(J) Time compressed administration of multiple
live, ‘attenuated’, and toxoid vaccines.
(2) The consideration of agents, hazards, and medi-
cines and vaccines under paragraph (1) shall not preclude
the Academy from identifying other agents, hazards, or
medicines or vaccines to which members of the Armed
Forces may have been exposed for purposes of any report
under subsection (h).
(3) Not later than six months after entry into the
agreement under subsection (b), the Academy shall submit
to the Committees on Veterans’ Affairs of the Senate and
the House of Representatives a report specifying the agents,
hazards, and medicines and vaccines considered under
paragraph (1).
(e) SCIENTIFIC DETERMINATIONS CONCERNING ILL-
NESSES.—(1) For each illness identified under subpara-
graph (B) or (C) of subsection (c)(1), the National Academy
of Sciences shall determine (to the extent available scientific
evidence permits) whether there is scientific evidence of an
association of that illness with Gulf War service or exposure
during Gulf War service to one or more agents, hazards,
or medicines or vaccines. In making those determinations,
the Academy shall consider—
(A) the strength of scientific evidence, the
replicability of results, the statistical significance of
results, and the appropriateness of the scientific meth-
ods used to detect the association;
(B) in any case where there is evidence of an ap-
parent association, whether there is reasonable con-
fidence that that apparent association is not due to
chance, bias, or confounding;
(C) the increased risk of the illness among
human or animal populations exposed to the agent,
hazard, or medicine or vaccine;
(D) whether a plausible biological mechanism or
other evidence of a causal relationship exists between
exposure to the agent, hazard, or medicine or vaccine
and the illness;
(E) in any case where information about expo-
sure levels is available, whether the evidence indicates
that the levels of exposure of the studied populations
were of the same magnitude as the estimated likely
exposures of Gulf War veterans; and
(F) whether there is an increased risk of illness
among Gulf War veterans in comparison with appro-
priate peer groups.
(2) The Academy shall include in its reports under
subsection (h) a full discussion of the scientific evidence and
reasoning that led to its conclusions under this subsection.
(f) RECOMMENDATIONS FOR ADDITIONAL SCIENTIFIC
STUDIES.—(1) Under the agreement under subsection (b),
the National Academy of Sciences shall make any rec-
ommendations that it considers appropriate for additional
scientific studies (including studies relating to treatment
models) to resolve areas of continuing scientific uncertainty
relating to the health consequences of service in the Persian
Gulf War or exposure to toxic agents, environmental or
wartime hazards, or preventive medicines or vaccines asso-
ciated with Gulf War service.
(2) In making recommendations for additional studies,
the Academy shall consider the available scientific data, the
value and relevance of the information that could result
from such studies, and the cost and feasibility of carrying
out such studies.
(g) SUBSEQUENT REVIEWS.—(1) Under the agreement
under subsection (b), the National Academy of Sciences
shall conduct on a periodic and ongoing basis additional
reviews of the evidence and data relating to its activities
under this section.
(2) As part of each review under this subsection, the
Academy shall—
(A) conduct as comprehensive a review as is
practicable of the information referred to in sub-
section (c), the evidence referred to in subsection (e),
and the data referred to in subsection (f) that became
available since the last review of such information,
evidence, and data under this section; and
(B) make determinations under the subsections
referred to in subparagraph (A) on the basis of the re-
sults of such review and all other reviews previously
conducted for purposes of this section.
(h) REPORTS BY ACADEMY.—(1) Under the agreement
under subsection (b), the National Academy of Sciences
shall submit to the Committees on Veterans’ Affairs of the
Senate and the House of Representatives and the Secretary
of Veterans Affairs periodic written reports regarding the
Academy’s activities under the agreement.
(2) The first report under paragraph (1) shall be sub-
mitted not later than two years after entry into the agree-
ment under subsection (b). That report shall include—
(A) the determinations and discussion referred to
in subsection (e); and
(B) any recommendations of the Academy under
subsection (f).
(3) Reports shall be submitted under this subsection
at least once every two years, as measured from the date
of the report under paragraph (2).
(4) In any report under this subsection (other than the
report under paragraph (2)), the Academy may specify an
absence of meaningful developments in the scientific or med-
ical community with respect to the activities of the Acad-
emy under this section during the two-year period ending
on the date of such report.
(i) REPORTS BY SECRETARY.—(1) The Secretary shall
review each report from the Academy under subsection (h).
As part of such review, the Secretary shall seek comments
on, and evaluation of, the Academy’s report from the heads
of other affected departments and agencies of the United
States.
(2) Based upon a review under paragraph (1), the Sec-
retary shall submit to the Committees on Veterans’ Affairs
of the Senate and the House of Representatives a report on
the available scientific and medical information regarding
the health consequences of Persian Gulf War service and of
exposures to risk factors during service in the Persian Gulf
War. The Secretary shall include in the report the Sec-
retary’s recommendations as to whether there is sufficient
evidence to warrant a presumption of service-connection for
the occurrence of a specified condition in Gulf War veter-
ans. In determining whether to make such a recommenda-
tion, the Secretary shall consider the matters specified in
subparagraphs (A) through (F) of subsection (e)(1).
(3) The report under this subsection shall be submitted
not later than 120 days after the date on which the Sec-
retary receives the report from the Academy.
(j) SUNSET.—This section shall cease to be effective 11
years after the last day of the fiscal year in which the Na-
tional Academy of Sciences enters into an agreement with
the Secretary under subsection (b).
(k) DEFINITION.—In this section, the term ‘‘toxic
agent, environmental or wartime hazard, or preventive
medicine or vaccine associated with Gulf War service’’
means a biological, chemical, or other toxic agent, environ-
mental or wartime hazard, or preventive medicine or vac-
cine that is known or presumed to be associated with service
in the Armed Forces in the Southwest Asia theater of oper-
ations during the Persian Gulf War, whether such associa-
tion arises as a result of single, repeated, or sustained expo-
sure and whether such association arises through exposure
singularly or in combination.
SEC. 102. HEALTH CARE FOR VETERANS OF PERSIAN GULF
WAR AND FUTURE CONFLICTS.
(a) AUTHORITY.—Section 1710(e) is amended—
(1) by adding at the end of paragraph (1) the
following new subparagraph:
‘‘(D) Subject to paragraphs (2) and (3), a veteran who
served on active duty in a theater of combat operations (as
determined by the Secretary in consultation with the Sec-
retary of Defense) during a period of war after the Persian
Gulf War, or in combat against a hostile force during a
period of hostilities (as defined in section 1712A(a)(2)(B)
of this title) after the date of the enactment of this subpara-
graph, is eligible for hospital care, medical services, and
nursing home care under subsection (a)(2)(F) for any ill-
ness, notwithstanding that there is insufficient medical evi-
dence to conclude that such condition is attributable to such
service.’’;
(2) in paragraph (2)(B), by inserting ‘‘or
(1)(D)’’ after ‘‘paragraph (1)(C)’’;
(b) IMPLEMENTATION REPORT.—Not later than Octo-
ber 1, 1999, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans’ Affairs of the Senate and
House of Representatives a report on the Secretary’s plan
for establishing and operating the system for collection and
analysis of information required by paragraph (5) of sec-
tion 1710(e) of title 38, United States Code, as added by
subsection (a)(4).
SEC. 103. NATIONAL CENTER ON WAR-RELATED ILLNESSES
AND POST-DEPLOYMENT HEALTH ISSUES.
(a) ASSESSMENT.—The Secretary of Veterans Affairs
shall seek to enter into an agreement with the National
Academy of Sciences, or another appropriate independent
organization, under which such entity shall assist in devel-
oping a plan for the establishment of a national center or
national centers for the study of war-related illnesses and
post-deployment health issues. The purposes of such a center
may include—
(1) carrying out and promoting research regard-
ing the etiologies, diagnosis, treatment, and preven-
tion of war-related illnesses and post-deployment
health issues; and
(2) promoting the development of appropriate
health policies, including monitoring, medical record-
keeping, risk communication, and use of new tech-
nologies.
(b) RECOMMENDATIONS AND REPORT.—With respect
to such a center, an agreement under this section shall pro-
vide for the Academy (or other entity) to—
(1) make recommendations regarding (A) design
of an organizational structure or structures, oper-
ational scope, staffing and resource needs, establish-
ment of appropriate databases, the advantages of sin-
gle or multiple sites, mechanisms for implementing
recommendations on policy, and relationship to aca-
demic or scientific entities, (B) the role or roles that
relevant Federal departments and agencies should
have in the establishment and operation of any such
center or centers, and (C) such other matters as it
considers appropriate; and
(2) report to the Secretary, the Secretaries of De-
fense and Health and Human Services, and the Com-
mittees on Veterans’ Affairs of the Senate and House
of Representatives, not later than one year after the
date of the enactment of this Act, on its recommenda-
tions.
(c) REPORT ON ESTABLISHMENT OF NATIONAL CEN-
TER.—Not later than 60 days after receiving the report
under subsection (b), the Secretaries specified in subsection
(b)(2) shall submit to the Committees on Veterans’ Affairs
and Armed Services of the Senate and the Committees on
Veterans’ Affairs and Natoinal Security of the House of
Representatives a joint report on the findings and rec-
ommendations contained in that report. Such report may
set forth an operational plan for carrying out any rec-
ommendation in that report to establish a national center
or centers for the study of war-related illnesses. No action
to carry out such plan may be taken after the submission
of such report until the end of a 90-day period following
the date of the submission.
SEC. 104. COORDINATION OF ACTIVITIES.
Section 707 of the Persian Gulf War Veterans’ Health
Status Act (title VII of Public Law 102–585; 38 U.S.C. 527
note) is amended—
(1) in the heading, by striking out ‘‘GOVERN-
MENT
ACTIVITIES
ON
HEALTH-RELATED
RE-
SEARCH’’ and inserting the following: ‘‘HEALTH-
RELATED GOVERNMENT ACTIVITIES’’;
(2) in subsection (a), by striking out ‘‘research’’;
and
(3) by striking out subsection (b) and inserting
in lieu thereof the following:
‘‘(b) PUBLIC ADVISORY COMMITTEE.—Not later than
January 1, 1999, the head of the department or agency des-
ignated under subsection (a) shall establish an advisory
committee consisting of members of the general public, in-
cluding Persian Gulf War veterans and representatives of
such veterans, to provide advice to the head of that depart-
ment or agency on proposed research studies, research
plans, or research strategies relating to the health con-
sequences of military service in the Southwest Asia theater
of operations during the Persian Gulf War. The department
or agency head shall consult with such advisory committee
on a regular basis.
‘‘(c) REPORTS.—(1) Not later than March 1 of each
year, the head of the department or agency designated under
subsection (a) shall submit to the Committees on Veterans’
Affairs of the Senate and House of Representatives a report
on—
‘‘(A) the status and results of all such research
activities undertaken by the executive branch during
the previous year; and
‘‘(B) research priorities identified during that
year.
‘‘(2)(A) Not later than 120 days after submission of
the epidemiological research study conducted by the Depart-
ment of Veterans Affairs entitled ‘VA National Survey of
Persian Gulf Veterans—Phase III’, the head of the depart-
ment or agency designated under subsection (a) shall sub-
mit to the congressional committees specified in paragraph
(1) a report on the findings under that study and any other
pertinent medical literature.
‘‘(B) With respect to any findings of that study and
any other pertinent medical literature which identify sci-
entific evidence of a greater relative risk of illness or ill-
nesses in family members of veterans who served in the Per-
sian Gulf War theater of operations than in family mem-
bers of veterans who did not so serve, the head of the depart-
ment or agency designated under subsection (a) shall seek
to ensure that appropriate research studies are designed to
follow up on such findings.
‘‘(d) PUBLIC AVAILABILITY
OF RESEARCH FIND-
INGS.—The head of the department or agency designated
under subsection (a) shall ensure that the findings of all
research conducted by or for the executive branch relating
to the health consequences of military service in the Persian
Gulf theater of operations during the Persian Gulf War (in-
cluding information pertinent to improving provision of
care for veterans of such service) are made available to the
public through peer-reviewed medical journals, the World
Wide Web, and other appropriate media.
‘‘(e) OUTREACH.—The head of the department or agen-
cy designated under subsection (a) shall ensure that the ap-
propriate departments consult and coordinate in carrying
out an ongoing program to provide information to those
who served in the Southwest Asia theater of operations dur-
ing the Persian Gulf War relating to (1) the health risks,
if any, resulting from any risk factors associated with such
service, and (2) any services or benefits available with re-
spect to such health risks.’’.
SEC. 105. IMPROVING EFFECTIVENESS OF CARE OF PER-
SIAN GULF WAR VETERANS.
(a) 
ASSESSMENT
BY
NATIONAL
ACADEMY
OF
SCIENCES.—Not later than April 1, 1999, the Secretary of
Veterans Affairs shall enter into a contract with the Na-
tional Academy of Sciences to review the available scientific
data in order to—
(1) assess whether a methodology could be used
by the Department of Veterans Affairs for determin-
ing the efficacy of treatments furnished to, and health
outcomes (including functional status) of, Persian
Gulf War veterans who have been treated for illnesses
which may be associated with their service in the Per-
sian Gulf War; and
(2) identify, to the extent feasible, with respect to
each undiagnosed illness prevalent among such veter-
ans and for any other chronic illness that the Acad-
emy determines to warrant such review, empirically
valid models of treatment for such illness which em-
ploy successful treatment modalities for populations
with similar symptoms.
(b) ACTION ON REPORT.—(1) After receiving the final
report of the National Academy of Sciences under subsection
(a), the Secretary shall, if a reasonable and scientifically
feasible methodology is identified by the Academy, develop
an appropriate mechanism to monitor and study the effec-
tiveness of treatments furnished to, and health outcomes of,
Persian Gulf War veterans who suffer from diagnosed and
undiagnosed illnesses which may be associated with their
service in the Persian Gulf War.
(2) The Secretary shall submit to the Committees on
Veterans’ Affairs of the Senate and House of Representa-
tives a report on the implementation of paragraph (1).
(3) The Secretary shall carry out paragraphs (1) and
(2) not later than 180 days after receiving the final report
of the National Academy of Sciences under subsection (a).
SEC. 106. CONTRACT FOR INDEPENDENT RECOMMENDA-
TIONS ON RESEARCH AND FOR DEVELOP-
MENT OF CURRICULUM ON CARE OF PERSIAN
GULF WAR VETERANS.
Section 706 of the Persian Gulf War Veterans’ Health
Status Act (title VII of Public Law 102–585; 38 U.S.C. 527
note) is amended by adding at the end the following new
subsection:
‘‘(d) RESEARCH REVIEW AND DEVELOPMENT OF MED-
ICAL EDUCATION CURRICULUM.—(1) In order to further
understanding of the health consequences of military service
in the Persian Gulf theater of operations during the Persian
Gulf War and of new research findings with implications
for improving the provision of care for veterans of such serv-
ice, the Secretary of Veterans Affairs and the Secretary of
Defense shall seek to enter into an agreement with the Na-
tional Academy of Sciences under which the Institute of
Medicine of the Academy would—
‘‘(A) develop a curriculum pertaining to the care
and treatment of veterans of such service who have ill-
defined or undiagnosed illnesses for use in the con-
tinuing medical education of both general and spe-
cialty physicians who provide care for such veterans;
and
‘‘(B) on an ongoing basis, periodically review
and provide recommendations regarding the research
plans and research strategies of the Departments re-
lating to the health consequences of military service in
the Persian Gulf theater of operations during the Per-
sian Gulf War.
‘‘(2) Recommendations to be provided under para-
graph (1)(B) include any recommendations that the Acad-
emy considers appropriate for additional scientific studies
(including studies related to treatment models) to resolve
areas of continuing scientific uncertainty relating to the
health consequences of any aspects of such military service.
In making recommendations for additional studies, the
Academy shall consider the available scientific data, the
value and relevance of the information that could result
from such studies, and the cost and feasibility of carrying
out such studies.
‘‘(3) Not later than nine months after the Institute of
Medicine provides the Secretaries the curriculum developed
under paragraph (1)(A), the Secretaries shall provide for
the conduct of continuing education programs using that
curriculum. Those programs shall include instruction which
seeks to emphasize use of appropriate protocols of diagnosis,
referral, and treatment of such veterans.’’.
SEC. 107. EXTENSION AND IMPROVEMENT OF EVALUATION
OF HEALTH STATUS OF SPOUSES AND CHIL-
DREN OF PERSIAN GULF WAR VETERANS.
(a) ONE-YEAR EXTENSION.—Subsection (b) of section
107 of the Persian Gulf War Veterans’ Benefits Act (title
I of Public Law 103–446; 38 U.S.C. 1117 note) is amended
by striking out ‘‘December 31, 1998’’ and inserting in lieu
thereof ‘‘December 31, 1999’’.
(b) TERMINATION OF CERTAIN TESTING AND EVALUA-
TION REQUIREMENTS.—Subsection (a) of such section is
amended—
(1) by striking out ‘‘the’’ after ‘‘Secretary of’’;
(2) by striking out ‘‘study’’ both places it ap-
pears and inserting in lieu thereof ‘‘program’’; and
(3) by striking out the sentence following para-
graph (3).
(c) ENHANCED FLEXIBILITY IN EXAMINATIONS.—Sub-
section (d) of such section is amended—
(1) by striking out ‘‘shall’’ and inserting in lieu
thereof ‘‘may’’; and
(2) by inserting ‘‘, including fee arrangements
described in section 1703 of title 38, United States
Code’’ after ‘‘arrangements’’.
(d) OUTREACH.—Subsection (g) of such section is
amended—
(1) by striking out ‘‘to ensure’’ and all that fol-
lows through the period at the end of paragraph (2)
and inserting in lieu thereof ‘‘for the purposes of the
program.’’; and
(2) by adding at the end the following new sen-
tence: ‘‘In conducting such outreach activities, the
Secretary shall advise that medical treatment is not
available under the program.’’.
(e) REPORT TO CONGRESS.—Subsection (i) of such sec-
tion is amended to read as follows:
‘‘(i) REPORT TO CONGRESS.—Not later than July 31,
1999, the Secretary shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives
a report on activities with respect to the program, including
the provision of services under subsection (d).’’.
TITLE II—EDUCATION AND
EMPLOYMENT
Subtitle A—Education Matters
SEC. 201. CALCULATION OF REPORTING FEE BASED ON
TOTAL VETERAN ENROLLMENT DURING A
CALENDAR YEAR.
(a) IN GENERAL.—The second sentence of section
3684(c) is amended by striking out ‘‘on October 31’’ and
all that follows through the period and inserting in lieu
thereof ‘‘during the calender year.’’.
(b) FUNDING.—Section 3684(c), as amended by sub-
section (a), is further amended by adding at the end the
following new sentence: ‘‘The reporting fee payable under
this subsection shall be paid from amounts appropriated
for readjustment benefits.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to calendar years beginning
after December 31, 1998.
SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK-
STUDY ALLOWANCE.
(a) IN GENERAL.—The third sentence of section
3485(a)(1) is amended by striking out ‘‘An individual shall
be paid in advance’’ and inserting in lieu thereof ‘‘An indi-
vidual may elect, in a manner prescribed by the Secretary,
to be paid in advance’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to agreements entered
into under section 3485 of title 38, United States Code, on
or after January 1, 1999.
SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR
EQUIVALENCY REQUIREMENT.
(a) IN GENERAL.—The following sections of chapter 30
are each amended by striking out ‘‘successfully completed’’
each place it appears and inserting in lieu thereof ‘‘success-
fully completed (or otherwise received academic credit for)’’:
sections 
3011(a)(2), 
3012(a)(2), 
3018(b)(4)(ii),
3018A(a)(2), 
3018B(a)(1)(B), 
3018B(a)(2)(B), 
and
3018C(a)(3).
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 1998.
SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING RE-
QUIREMENTS.
(a) TITLE
38, UNITED
STATES
CODE.—Sections
3034(d)(2) and 3241(b)(2) are each amended—
(1) by striking out ‘‘pilot’s license’’ each place it
appears and inserting in lieu thereof ‘‘pilot certifi-
cate’’; and
(2) by inserting ‘‘, on the day the individual be-
gins a course of flight training,’’ after ‘‘meets’’.
(b) TITLE
10, UNITED
STATES
CODE.—Section
16136(c)(2) of title 10, United States Code, is amended—
(1) by striking out ‘‘pilot’s license’’ each place it
appears and inserting in lieu thereof ‘‘pilot certifi-
cate’’; and
(2) by inserting ‘‘, on the day the individual be-
gins a course of flight training,’’ after ‘‘meets’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to courses of flight training
beginning on or after October 1, 1998.
SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAY-
MENT RATE REQUIREMENTS FOR GOVERN-
MENT JOB TRAINING PROGRAM APPROVAL.
(a) IN GENERAL.—Section 3677(b) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) in subparagraph (A), as so redesignated, by
striking out ‘‘(A)’’ and ‘‘(B)’’ and inserting in lieu
thereof ‘‘(i)’’ and ‘‘(ii)’’, respectively; and
(4) by adding at the end the following new para-
graph:
‘‘(2) The requirement under paragraph (1)(A)(ii) shall
not apply with respect to a training establishment operated
by the United States or by a State or local government.’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to approval of programs
of training on the job under section 3677 of title 38, United
States Code, on or after October 1, 1998.
SEC. 206. EXPANSION OF EDUCATION OUTREACH SERVICES.
(a) EXPANSION OF EDUCATION OUTREACH SERVICES
TO MEMBERS OF THE ARMED FORCES.—Section 3034 is
amended by adding at the end the following new subsection:
‘‘(e)(1) In the case of a member of the Armed Forces
who participates in basic educational assistance under this
chapter, the Secretary shall furnish the information de-
scribed in paragraph (2) to each such member. The Sec-
retary shall furnish such information as soon as practicable
after the basic pay of the member has been reduced by
$1,200 in accordance with section 3011(b) or 3012(c) of this
title and at such additional times as the Secretary deter-
mines appropriate.
‘‘(2) The information referred to in paragraph (1) is
information with respect to the benefits, limitations, proce-
dures, eligibility requirements (including time-in-service re-
quirements), and other important aspects of the basic edu-
cational assistance program under this chapter, including
application forms for such basic educational assistance
under section 5102 of this title.
‘‘(3) The Secretary shall furnish the forms described
in paragraph (2) and other educational materials to edu-
cational institutions, training establishments, and military
education personnel, as the Secretary determines appro-
priate.
‘‘(4) The Secretary shall use amounts appropriated for
readjustment benefits to carry out this subsection and sec-
tion 5102 of this title with respect to application forms
under that section for basic educational assistance under
this chapter.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect 180 days after the date of the enact-
ment of this Act.
SEC. 207. INFORMATION ON MINIMUM REQUIREMENTS FOR
EDUCATION BENEFITS FOR MEMBERS OF THE
ARMED FORCES DISCHARGED EARLY FROM
DUTY FOR THE CONVENIENCE OF THE GOV-
ERNMENT.
(a) ACTIVE DUTY PROGRAM.—Section 3011 is amend-
ed by adding at the end the following new subsection:
‘‘(i) The Secretary concerned shall inform any member
of the Armed Forces who has not completed that member’s
initial obligated period of active duty (as described in sub-
section (a)(1)(A)) and who indicates the intent to be dis-
charged or released from such duty for the convenience of
the Government of the minimum active duty requirements
for entitlement to educational assistance benefits under this
chapter. Such information shall be provided to the member
in a timely manner.’’.
(b) RESERVE PROGRAM.—Section 3012 is amended by
adding at the end the following new subsection:
‘‘(g)(1) The Secretary concerned shall inform any
member of the Armed Forces who has not completed that
member’s initial service (as described in paragraph (2))
and who indicates the intent to be discharged or released
from such service for the convenience of the Government of
the minimum service requirements for entitlement to edu-
cational assistance benefits under this chapter. Such infor-
mation shall be provided to the member in a timely man-
ner.
‘‘(2) The initial service referred to in paragraph (1)
is the initial obligated period of active duty (described in
subparagraphs (A)(i) or (B)(i) of subsection (a)(1)) or the
period of service in the Selected Reserve (described in sub-
paragraphs (A)(ii) or (B)(ii) of subsection (a)(1)).’’.
(c) REPORT
TO CONGRESS.—Section 3036(b)(1) is
amended—
(1) by striking out ‘‘and (B)’’ and inserting in
lieu thereof ‘‘(B)’’; and
(2) by inserting before the semicolon the follow-
ing: ‘‘, and (C) describing the efforts under sections
3011(i) and 3012(g) of this title to inform members
of the Armed Forces of the minimum service require-
ments for entitlement to educational assistance bene-
fits under this chapter and the results from such ef-
forts’’.
(d) EFFECTIVE DATES.—(1) The amendments made
by subsections (a) and (b) shall take effect 120 days after
the date of the enactment of this Act.
(2) The amendments made by subsection (c) shall
apply with respect to reports to Congress submitted by the
Secretary of Defense under section 3036 of title 38, United
States Code, on or after January 1, 2000.
Subtitle B—Uniformed Services Em-
ployment 
and 
Reemployment
Rights Act Amendments
SEC. 211. ENFORCEMENT OF RIGHTS WITH RESPECT TO A
STATE AS AN EMPLOYER.
(a) IN GENERAL.—Section 4323 is amended to read
as follows:
‘‘§ 4323. Enforcement of rights with respect to a State
or private employer
‘‘(a) ACTION FOR RELIEF.—(1) A person who receives
from the Secretary a notification pursuant to section
4322(e) of this title of an unsuccessful effort to resolve a
complaint relating to a State (as an employer) or a private
employer may request that the Secretary refer the complaint
to the Attorney General. If the Attorney General is reason-
ably satisfied that the person on whose behalf the complaint
is referred is entitled to the rights or benefits sought, the
Attorney General may appear on behalf of, and act as attor-
ney for, the person on whose behalf the complaint is submit-
ted and commence an action for relief under this chapter
for such person. In the case of such an action against a
State (as an employer), the action shall be brought in the
name of the United States as the plaintiff in the action.
‘‘(2) A person may commence an action for relief with
respect to a complaint against a State (as an employer)
or a private employer if the person—
‘‘(A) has chosen not to apply to the Secretary for
assistance under section 4322(a) of this title;
‘‘(B) has chosen not to request that the Secretary
refer the complaint to the Attorney General under
paragraph (1); or
‘‘(C) has been refused representation by the At-
torney General with respect to the complaint under
such paragraph.
‘‘(b) JURISDICTION.—(1) In the case of an action
against a State (as an employer) or a private employer
commenced by the United States, the district courts of the
United States shall have jurisdiction over the action.
‘‘(2) In the case of an action against a State (as an
employer) by a person, the action may be brought in a State
court of competent jurisdiction in accordance with the laws
of the State.
‘‘(3) In the case of an action against a private em-
ployer by a person, the district courts of the United States
shall have jurisdiction of the action.
‘‘(c) VENUE.—(1) In the case of an action by the
United States against a State (as an employer), the action
may proceed in the United States district court for any dis-
trict in which the State exercises any authority or carries
out any function.
‘‘(2) In the case of an action against a private em-
ployer, the action may proceed in the United States district
court for any district in which the private employer of the
person maintains a place of business.
‘‘(d) REMEDIES.—(1) In any action under this section,
the court may award relief as follows:
‘‘(A) The court may require the employer to com-
ply with the provisions of this chapter.
‘‘(B) The court may require the employer to com-
pensate the person for any loss of wages or benefits
suffered by reason of such employer’s failure to com-
ply with the provisions of this chapter.
‘‘(C) The court may require the employer to pay
the person an amount equal to the amount referred to
in subparagraph (B) as liquidated damages, if the
court determines that the employer’s failure to comply
with the provisions of this chapter was willful.
‘‘(2)(A) Any compensation awarded under subpara-
graph (B) or (C) of paragraph (1) shall be in addition to,
and shall not diminish, any of the other rights and benefits
provided for under this chapter.
‘‘(B) In the case of an action commenced in the name
of the United States for which the relief includes compensa-
tion awarded under subparagraph (B) or (C) of paragraph
(1), such compensation shall be held in a special deposit
account and shall be paid, on order of the Attorney General,
directly to the person. If the compensation is not paid to
the person because of inability to do so within a period of
three years, the compensation shall be covered into the
Treasury of the United States as miscellaneous receipts.
‘‘(3) A State shall be subject to the same remedies, in-
cluding prejudgment interest, as may be imposed upon any
private employer under this section.
‘‘(e) EQUITY POWERS.—The court may use its full eq-
uity powers, including temporary or permanent injunc-
tions, temporary restraining orders, and contempt orders,
to vindicate fully the rights or benefits of persons under this
chapter.
‘‘(f) STANDING.—An action under this chapter may be
initiated only by a person claiming rights or benefits under
this chapter under subsection (a) or by the United States
under subsection (a)(1).
‘‘(g) RESPONDENT.—In any action under this chapter,
only an employer or a potential employer, as the case may
be, shall be a necessary party respondent.
‘‘(h) FEES, COURT COSTS.—(1) No fees or court costs
may be charged or taxed against any person claiming rights
under this chapter.
‘‘(2) In any action or proceeding to enforce a provision
of this chapter by a person under subsection (a)(2) who ob-
tained private counsel for such action or proceeding, the
court may award any such person who prevails in such
action or proceeding reasonable attorney fees, expert witness
fees, and other litigation expenses.
‘‘(i) INAPPLICABILITY OF STATE STATUTE OF LIMITA-
TIONS.—No State statute of limitations shall apply to any
proceeding under this chapter.
‘‘(j) DEFINITION.—In this section, the term ‘private
employer’ includes a political subdivision of a State.’’.
(b) EFFECTIVE DATE.—(1) Section 4323 of title 38,
United States Code, as amended by subsection (a), shall
apply to actions commenced under chapter 43 of such title
on or after the date of the enactment of this Act, and shall
apply to actions commenced under such chapter before the
date of the enactment of this Act that are not final on the
date of the enactment of this Act, without regard to when
the cause of action accrued.
(2) In the case of any such action against a State (as
an employer) in which a person, on the day before the date
of the enactment of this Act, is represented by the Attorney
General under section 4323(a)(1) of such title as in effect
on such day, the court shall upon motion of the Attorney
General, substitute the United States as the plaintiff in the
action pursuant to such section as amended by subsection
(a).
SEC. 212. PROTECTION OF EXTRATERRITORIAL EMPLOY-
MENT AND REEMPLOYMENT RIGHTS OF MEM-
BERS OF THE UNIFORMED SERVICES.
(a) DEFINITION OF EMPLOYEE.—Section 4303(3) is
amended by adding at the end the following new sentence:
‘‘Such term includes any person who is a citizen, national,
or permanent resident alien of the United States employed
in a workplace in a foreign country by an employer that
is an entity incorporated or otherwise organized in the
United States or that is controlled by an entity organized
in the United States, within the meaning of section 4319(c)
of this title.’’.
(b) FOREIGN COUNTRIES.—(1) Subchapter II of chap-
ter 43 is amended by inserting after section 4318 the follow-
ing new section:
‘‘§ 4319. Employment and reemployment rights in for-
eign countries
‘‘(a) LIABILITY OF CONTROLLING UNITED STATES EM-
PLOYER OF FOREIGN ENTITY.—If an employer controls an
entity that is incorporated or otherwise organized in a for-
eign country, any denial of employment, reemployment, or
benefit by such entity shall be presumed to be by such em-
ployer.
‘‘(b) INAPPLICABILITY TO FOREIGN EMPLOYER.—This
subchapter does not apply to foreign operations of an em-
ployer that is a foreign person not controlled by an United
States employer.
‘‘(c) DETERMINATION OF CONTROLLING EMPLOYER.—
For the purpose of this section, the determination of whether
an employer controls an entity shall be based upon the
interrelations of operations, common management, central-
ized control of labor relations, and common ownership or
financial control of the employer and the entity.
‘‘(d) EXEMPTION.—Notwithstanding any other provi-
sion of this subchapter, an employer, or an entity controlled
by an employer, shall be exempt from compliance with any
of sections 4311 through 4318 of this title with respect to
an employee in a workplace in a foreign country, if compli-
ance with that section would cause such employer, or such
entity controlled by an employer, to violate the law of the
foreign country in which the workplace is located.’’.
(2) The table of sections at the beginning of chapter
43 is amended by inserting after the item relating to section
4318 the following new item:
‘‘4319. Employment and reemployment rights in foreign countries.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply only with respect to causes of action
arising after the date of the enactment of this Act.
SEC. 213. COMPLAINTS RELATING TO REEMPLOYMENT OF
MEMBERS OF THE UNIFORMED SERVICES IN
FEDERAL SERVICE.
(a) IN GENERAL.—The first sentence of paragraph (1)
of section 4324(c) is amended by inserting before the period
at the end the following: ‘‘, without regard as to whether
the complaint accrued before, on, or after October 13, 1994’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to complaints filed with the Merit
Systems Protection Board on or after October 13, 1994.
TITLE III—COMPENSATION,
PENSION, AND INSURANCE
SEC. 301. MEDAL OF HONOR SPECIAL PENSION.
(a) INCREASE.—Section 1562(a) is amended by strik-
ing out ‘‘$400’’ and inserting in lieu thereof ‘‘$600’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the first day of the first
month beginning on or after the date of the enactment of
this Act.
SEC. 
302. 
ACCELERATED 
DEATH 
BENEFIT 
FOR
SERVICEMEMBERS’ GROUP LIFE INSURANCE
AND VETERANS’ GROUP LIFE INSURANCE
PARTICIPANTS.
(a) IN GENERAL.—(1) Subchapter III of chapter 19
is amended by adding at the end the following new section:
‘‘§ 1980. Option to receive accelerated death benefit
‘‘(a) For the purpose of this section, a person shall be
considered to be terminally ill if the person has a medical
prognosis such that the life expectancy of the person is less
than a period prescribed by the Secretary. The maximum
length of such period may not exceed 12 months.
‘‘(b)(1) A terminally ill person insured under
Servicemembers’ Group Life Insurance or Veterans’ Group
Life Insurance may elect to receive in a lump-sum payment
a portion of the face value of the insurance as an accelerated
death benefit reduced by an amount necessary to assure that
there is no increase in the actuarial value of the benefit
paid, as determined by the Secretary.
‘‘(2) The Secretary shall prescribe the maximum
amount of the accelerated death benefit available under this
section that the Secretary finds to be administratively prac-
ticable and actuarially sound, but in no event may the
amount of the benefit exceed the amount equal to 50 percent
of the face value of the person’s insurance in force on the
date the election of the person to receive the benefit is ap-
proved.
‘‘(3) A person making an election under this section
may elect to receive an amount that is less than the maxi-
mum amount prescribed under paragraph (2). The Sec-
retary shall prescribe the increments in which a reduced
amount under this paragraph may be elected.
‘‘(c) The portion of the face value of insurance which
is not paid in a lump sum as an accelerated death benefit
under this section shall remain payable in accordance with
the provisions of this chapter.
‘‘(d) Deductions under section 1969 of this title and
premiums under section 1977(c) of this title shall be re-
duced, in a manner consistent with the percentage reduction
in the face value of the insurance as a result of payment
of an accelerated death benefit under this section, effective
with respect to any amounts which would otherwise become
due on or after the date of payment under this section.
‘‘(e) The Secretary shall prescribe regulations to carry
out this section. Such regulations shall include provisions
regarding—
‘‘(1) the form and manner in which an applica-
tion for an election under this section shall be made;
and
‘‘(2) the procedures under which any such appli-
cation shall be considered.
‘‘(f)(1) An election to receive a benefit under this sec-
tion shall be irrevocable.
‘‘(2) A person may not make more than one election
under this section, even if the election of the person is to
receive less than the maximum amount of the benefit avail-
able to the person under this section.
‘‘(g) If a person insured under Servicemembers’ Group
Life Insurance elects to receive a benefit under this section
and the person’s Servicemembers’ Group Life Insurance is
thereafter converted to Veterans’ Group Life Insurance as
provided in section 1968(b) of this title, the amount of the
benefit paid under this section shall reduce the amount of
Veterans’ Group Life Insurance available to the person
under section 1977(a) of this title.
‘‘(h) Notwithstanding any other provision of law, the
amount of the accelerated death benefit received by a person
under this section shall not be considered income or re-
sources for purposes of determining eligibility for or the
amount of benefits under any Federal or federally-assisted
program or for any other purpose.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
1979 the following new item:
‘‘1980. Option to receive accelerated death benefit.’’.
(b) CONFORMING AMENDMENTS.—Section 1970(g) is
amended in the first sentence—
(1) by striking out ‘‘Payments of benefits’’ and
inserting in lieu thereof ‘‘Any payments’’; and
(2) by inserting ‘‘an insured or’’ after ‘‘or on ac-
count of,’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect 90 days after the date of the enact-
ment of this Act.
SEC. 303. ASSESSMENT OF EFFECTIVENESS OF INSURANCE
AND SURVIVOR BENEFITS PROGRAMS FOR
SURVIVORS OF VETERANS WITH SERVICE-
CONNECTED DISABILITIES.
(a) REPORT ON ASSESSMENT.—Not later than October
1, 1999, the Secretary of Veterans Affairs shall submit to
the Committees on Veterans’ Affairs of the Senate and the
House of Representatives a report containing an assessment
of the adequacy of the insurance and survivor benefits pro-
grams of the Department of Veterans Affairs (including the
payment of dependency and indemnity compensation under
chapter 13 of title 38, United States Code) in meeting the
needs of survivors of veterans with service-connected disabil-
ities, including survivors of catastrophically disabled veter-
ans who cared for those veterans.
(b) REPORT ELEMENTS.—The report on the assessment
under subsection (a) shall include the following:
(1) An identification of the characteristics that
make a disabled veteran catastrophically disabled.
(2) A statement of the number of veterans with
service-connected disabilities who participate in in-
surance programs administered by the Department.
(3) A statement of the number of survivors of
veterans with service-connected disabilities who re-
ceive dependency and indemnity compensation under
chapter 13 of title 38, United States Code.
(4) Data on veterans with service-connected dis-
abilities that are relevant to the insurance programs
administered by the Department, and an assessment
how such data might be used to better determine the
cost above standard premium rates of insuring veter-
ans with service-connected disabilities under such
programs.
(5) An analysis of various methods of accounting
and providing for the additional cost of insuring the
lives of veterans with service-connected disabilities
under the insurance programs administered by the
Department.
(6) An assessment of the adequacy and effective-
ness of the current insurance programs and depend-
ency and indemnity compensation programs of the
Department in meeting the needs of survivors of se-
verely-disabled or catastrophically-disabled veterans.
(7) An analysis of various methods of meeting
the transitional financial needs of survivors of veter-
ans with service-connected disabilities immediately
after the deaths of such veterans.
(8) Such recommendations as the Secretary con-
siders appropriate regarding means of improving the
benefits available to survivors of veterans with service-
connected disabilities under programs administered
by the Department.
SEC. 304. NATIONAL SERVICE LIFE INSURANCE PROGRAM.
(a) ELIGIBILITY OF CERTAIN VETERANS FOR DIVI-
DENDS
UNDER
NSLI PROGRAM.—Section 1919(b) is
amended—
(1) by striking ‘‘sections 602(c)(2) and’’ and in-
serting ‘‘section’’; and
(2) by striking ‘‘sections’’ after ‘‘under such’’ and
inserting ‘‘section’’.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect at the end of the 90-day period be-
ginning on the date of the enactment of this Act.
TITLE IV—MEMORIAL AFFAIRS
SEC. 401. COMMEMORATION OF INDIVIDUALS WHOSE RE-
MAINS ARE UNAVAILABLE FOR INTERMENT.
(a) MEMORIAL HEADSTONES OR MARKERS FOR CER-
TAIN MEMBERS OF THE ARMED FORCES AND SPOUSES.—
Subsection (b) of section 2306 is amended to read as follows:
‘‘(b)(1) The Secretary shall furnish, when requested, an
appropriate memorial headstone or marker for the purpose
of commemorating an eligible individual whose remains are
unavailable. Such a headstone or marker shall be furnished
for placement in a national cemetery area reserved for that
purpose under section 2403 of this title, a veterans’ ceme-
tery owned by a State, or, in the case of a veteran, in a
State, local, or private cemetery.
‘‘(2) For purposes of paragraph (1), an eligible indi-
vidual is any of the following:
‘‘(A) A veteran.
‘‘(B) The spouse or surviving spouse of a veteran.
‘‘(3) For purposes of paragraph (1), the remains of an
individual shall be considered to be unavailable if the indi-
vidual’s remains—
‘‘(A) have not been recovered or identified;
‘‘(B) were buried at sea, whether by the individ-
ual’s own choice or otherwise;
‘‘(C) were donated to science; or
‘‘(D) were cremated and the ashes scattered with-
out interment of any portion of the ashes.
‘‘(4) For purposes of this subsection:
‘‘(A) The term ‘veteran’ includes an individual
who dies in the active military, naval, or air service.
‘‘(B) The term ‘surviving spouse’ includes an
unremarried surviving spouse whose subsequent re-
marriage was terminated by death or divorce.’’.
‘‘(2) COVERED
INDIVIDUALS.—Paragraph (1)
applies to a person who—
‘‘(A) receives an honorable service certificate
under section 11203 of this title; and
‘‘(B) is not eligible under any other provi-
sion of law for benefits under laws administered
by the Secretary of Veterans Affairs.
‘‘(b) REIMBURSEMENT FOR BENEFITS PROVIDED.—
The Secretary shall reimburse the Secretary of Veterans Af-
fairs for the value of benefits that the Secretary of Veterans
Affairs provides for a person by reason of eligibility under
this section.
‘‘(c) APPLICABILITY.—
‘‘(1) GENERAL RULE.—Benefits may be provided
under the provisions of law referred to in subsection
(a)(1) by reason of this chapter only for deaths occur-
ring after the date of the enactment of this chapter.
‘‘(2) 
BURIALS, 
ETC. 
IN
NATIONAL
CEME-
TERIES.—Notwithstanding paragraph (1), in the case
of an initial burial or columbarium placement after
the date of the enactment of this chapter, benefits may
be provided under chapter 24 of title 38 by reason of
this chapter (regardless of the date of death), and in
such a case benefits may be provided under section
2306 of such title.
‘‘§ 11202. Qualified service
‘‘For purposes of this chapter, a person shall be consid-
ered to have engaged in qualified service if, between August
16, 1945, and December 31, 1946, the person—
‘‘(1) was a member of the United States mer-
chant marine (including the Army Transport Service
and the Naval Transportation Service) serving as a
crewmember of a vessel that was—
‘‘(A) operated by the War Shipping Admin-
istration or the Office of Defense Transportation
(or an agent of the Administration or Office);
‘‘(B) operated in waters other than inland
waters, the Great Lakes, and other lakes, bays,
and harbors of the United States;
‘‘(C) under contract or charter to, or prop-
erty of, the Government of the United States;
and
‘‘(D) serving the Armed Forces; and
‘‘(2) while so serving, was licensed or otherwise
documented for service as a crewmember of such a
vessel by an officer or employee of the United States
authorized to license or document the person for such
service.
‘‘§ 11203. Documentation of qualified service
‘‘(a) RECORD OF SERVICE.—The Secretary, or in the
case of personnel of the Army Transport Service or the
Naval Transport Service, the Secretary of Defense, shall,
upon application—
‘‘(1) issue a certificate of honorable service to a
person who, as determined by that Secretary, engaged
in qualified service of a nature and duration that
warrants issuance of the certificate; and
‘‘(2) correct, or request the appropriate official of
the Government to correct, the service records of that
person to the extent necessary to reflect the qualified
service and the issuance of the certificate of honorable
service.
‘‘(b) TIMING OF DOCUMENTATION.—A Secretary re-
ceiving an application under subsection (a) shall act on the
application not later than one year after the date of that
receipt.
‘‘(c) STANDARDS RELATING TO SERVICE.—In making
a determination under subsection (a)(1), the Secretary act-
ing on the application shall apply the same standards relat-
ing to the nature and duration of service that apply to the
issuance of honorable discharges under section 401(a)(1)(B)
of the GI Bill Improvement Act of 1977 (38 U.S.C. 106
note).
‘‘(d) CORRECTION OF RECORDS.—An official who is
requested under subsection (a)(2) to correct the service
records of a person shall make such correction.
‘‘§ 11204. Processing fees
‘‘(a) COLLECTION OF FEES.—The Secretary, or in the
case of personnel of the Army Transport Service or the
Naval Transport Service, the Secretary of Defense, shall col-
lect a fee of $30 from each applicant for processing an ap-
plication submitted under section 11203(a) of this title.
‘‘(b) TREATMENT OF FEES COLLECTED.—Amounts re-
ceived by the Secretary under this section shall be deposited
in the General Fund of the Treasury as offsetting receipts
of the department in which the Coast Guard is operating
and ascribed to Coast Guard activities. Amounts received
by the Secretary of Defense under this section shall be depos-
ited in the General Fund of the Treasury as offsetting re-
ceipts of the Department of Defense. In either case, such
amounts shall be available, subject to appropriation, for the
administrative costs of processing applications under sec-
tion 11203 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of chapters at
the beginning of subtitle II of title 46, United States Code,
is amended by inserting after the item relating to chapter
111 the following new item:
‘‘112. Merchant Mariner Benefits ................................................................... 11201’’.
SEC. 403. REDESIGNATION OF NATIONAL CEMETERY SYS-
TEM AND ESTABLISHMENT OF UNDER SEC-
RETARY FOR MEMORIAL AFFAIRS.
(a) REDESIGNATION AS NATIONAL CEMETERY ADMIN-
ISTRATION.—(1) The National Cemetery System of the De-
partment of Veterans Affairs shall hereafter be known and
designated as the National Cemetery Administration. The
position of Director of the National Cemetery System is
hereby redesignated as Under Secretary of Veterans Affairs
for Memorial Affairs.
(2) Section 301(c)(4) is amended by striking out ‘‘Na-
tional Cemetery System’’ and inserting in lieu thereof ‘‘Na-
tional Cemetery Administration’’.
(3) Section 307 is amended—
(A) in the first sentence, by striking out ‘‘a Di-
rector of the National Cemetery System’’ and insert-
ing in lieu thereof ‘‘an Under Secretary for Memorial
Affairs’’; and
(B) in the second sentence, by striking out ‘‘The
Director’’ and all that follows through ‘‘National
Cemetery System’’ and inserting in lieu thereof ‘‘The
Under Secretary is the head of the National Cemetery
Administration’’.
(b) PAY RATE FOR UNDER SECRETARY.—Chapter 53
of title 5, United States Code, is amended—
(1) in section 5314, by inserting after the item
relating to the Under Secretary for Benefits of the De-
partment of Veterans Affairs the following new item:
‘‘Under Secretary for Memorial Affairs, Depart-
ment of Veterans Affairs.’’; and
(2) in section 5315, by striking out ‘‘Director of
the National Cemetery System.’’.
(c) CONFORMING AMENDMENTS.—
(1)(A) The heading of section 307 is amended to
read as follows:
‘‘§ 307. Under Secretary for Memorial Affairs’’.
(B) The item relating to section 307 in the table
of sections at the beginning of chapter 3 is amended
to read as follows:
‘‘307. Under Secretary for Memorial Affairs.’’.
(2) Section 2306(d) is amended by striking out
‘‘within the National Cemetery System’’ each place
such term appears and inserting in lieu thereof
‘‘under the control of the National Cemetery Adminis-
tration’’.
(3) Section 2400 is amended—
(A) in subsection (a)—
(i) by striking out ‘‘National Cemetery
System’’ and inserting in lieu thereof ‘‘Na-
tional Cemetery Administration respon-
sible’’; and
(ii) in the second sentence, by striking
out ‘‘Such system’’ and all that follows
through ‘‘National Cemetery System’’ and
inserting in lieu thereof ‘‘The National
Cemetery Administration shall be headed by
the Under Secretary for Memorial Affairs’’;
(B) in subsection (b), by striking out ‘‘Na-
tional Cemetery System’’ and inserting in lieu
thereof ‘‘national cemeteries and other facilities
under the control of the National Cemetery Ad-
ministration’’; and
(C) by amending the heading to read as fol-
lows:
‘‘§ 2400. Establishment of National Cemetery Adminis-
tration; composition of Administration’’.
(4) The item relating to section 2400 in the table
of sections at the beginning of chapter 24 is amended
to read as follows:
‘‘2400. Establishment of National Cemetery Administration; composition of Ad-
ministration.’’.
(5) Section 2402 is amended in the matter pre-
ceding paragraph (1) by striking out ‘‘in the National
Cemetery System’’ and inserting in lieu thereof
‘‘under the control of the National Cemetery Adminis-
tration’’.
(6) Section 2403(c) is amended by striking out
‘‘in the National Cemetery System created by this
chapter’’ and inserting in lieu thereof ‘‘under the con-
trol of the National Cemetery Administration’’.
(7) Section 2405(c) is amended—
(A) by striking out ‘‘within the National
Cemetery System’’ and inserting in lieu thereof
‘‘under the control of the National Cemetery Ad-
ministration’’; and
(B) by striking out ‘‘within such System’’
and inserting in lieu thereof ‘‘under the control
of such Administration’’.
(8) Section 2408(c)(1) is amended by striking
out ‘‘in the National Cemetery System’’ and inserting
in lieu thereof ‘‘under the control of the National
Cemetery Administration’’.
(d) REFERENCES.—
(1) Any reference in a law, map, regulation, doc-
ument, paper, or other record of the United States to
the National Cemetery System shall be deemed to be
a reference to the National Cemetery Administration.
(2) Any reference in a law, map, regulation, doc-
ument, paper, or other record of the United States to
the Director of the National Cemetery System shall be
deemed to be a reference to the Under Secretary of
Veterans Affairs for Memorial Affairs.
SEC. 404. STATE CEMETERY GRANTS PROGRAM.
(a) AMOUNT
OF
GRANT
RELATIVE
TO
PROJECT
COST.—(1) Paragraphs (1) and (2) of section 2408(b) are
amended to read as follows:
‘‘(1) The amount of a grant under this section
may not exceed—
‘‘(A) in the case of the establishment of a
new cemetery, the sum of (i) the cost of improve-
ments to be made on the land to be converted
into a cemetery, and (ii) the cost of initial
equipment necessary to operate the cemetery; and
‘‘(B) in the case of the expansion or im-
provement of an existing cemetery, the sum of (i)
the cost of improvements to be made on any land
to be added to the cemetery, and (ii) the cost of
any improvements to be made to the existing
cemetery.
‘‘(2) If the amount of a grant under this section
is less than the amount of costs referred to in sub-
paragraph (A) or (B) of paragraph (1), the State re-
ceiving the grant shall contribute the excess of such
costs over the grant.’’.
(2) The amendment made by paragraph (1) shall
apply with respect to grants under section 2408 of title 38,
United States Code, made after the end of the 60-day period
beginning on the date of the enactment of this Act.
(b) AUTHORIZATION OF APPROPRIATIONS WITHOUT
FISCAL YEAR LIMITATION.—The first sentence of section
2408(e) is amended by striking out ‘‘shall remain available
until the end of the second fiscal year following the fiscal
year for which they are appropriated’’ and inserting in lieu
thereof ‘‘shall remain available until expended’’.
(c) EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS FOR GRANT PROGRAM.—Paragraph (2) of section
2408(a) is amended to read as follows:
‘‘(2) There is authorized to be appropriated such sums
as may be necessary for fiscal year 1999 and for each suc-
ceeding fiscal year through fiscal year 2004 for the purpose
of making grants under paragraph (1).’’.
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.
Section 7253(c) is amended by adding at the end the
following new sentence: ‘‘A judge who is nominated by the
President for appointment to an additional term on the
Court without a break in service and whose term of office
expires while that nomination is pending before the Senate
may continue in office for up to one year while that nomi-
nation is pending.’’.
SEC. 502. EXEMPTION OF RETIREMENT FUND FROM SE-
QUESTRATION ORDERS.
Section 7298 is amended by adding at the end the fol-
lowing new subsection:
‘‘(g) For purpose of section 255(g)(1)(B) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 905(g)(1)(B)), the retirement fund shall be treated
in the same manner as the Claims Judges’ Retirement
Fund.’’.
SEC. 503. ADJUSTMENTS FOR SURVIVOR ANNUITIES.
Subsection (o) of section 7297 is amended to read as
follows:
‘‘(o) Each survivor annuity payable from the retire-
ment fund shall be increased at the same time as, and by
the same percentage by which, annuities payable from the
Judicial Survivors’ Annuities Fund are increased pursuant
to section 376(m) of title 28.’’.
SEC. 504. REPORTS ON RETIREMENT PROGRAM MODIFICA-
TIONS.
(a) REPORT ON JUDGES’ RETIREMENT SYSTEM.—Not
later than one year after the date of the enactment of this
Act, the chief judge of the United States Court of Appeals
for Veterans Claims shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives
a report on the feasibility and desirability of merging the
retirement plan of the judges of that court with retirement
plans of other Federal judges.
(b) REPORT
ON SURVIVOR ANNUITIES PLAN.—Not
later than six months after the date of the enactment of this
Act, the chief judge of the United States Court of Appeals
for Veterans Claims shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives
a report on the feasibility and desirability of allowing
judges of that court to participate in the survivor annuity
programs available to other Federal judges.
Subtitle B—Renaming of Court
SEC. 511. RENAMING OF THE COURT OF VETERANS AP-
PEALS.
(a) IN GENERAL.—The United States Court of Veter-
ans Appeals is hereby renamed as, and shall hereafter be
known and designated as, the United States Court of Ap-
peals for Veterans Claims.
(b) SECTION 7251.—Section 7251 is amended by strik-
ing ‘‘United States Court of Veterans Appeals’’ and insert-
ing ‘‘United States Court of Appeals for Veterans Claims’’.
SEC. 512. CONFORMING AMENDMENTS.
(a) CONFORMING AMENDMENTS TO TITLE 38, UNITED
STATES CODE.—
(1) The following sections are amended by strik-
ing ‘‘Court of Veterans Appeals’’ each place it ap-
pears and inserting ‘‘Court of Appeals for Veterans
Claims’’: sections 5904, 7101(b), 7252(a), 7253, 7254,
7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1),
7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284,
7285(a), 7286, 7291, 7292, 7296, 7297, and 7298.
(2)(A) The heading of section 7286 is amended
to read as follows:
‘‘§ 7286. Judicial Conference of the Court’’.
(B) The heading of section 7291 is amended to
read as follows:
‘‘§ 7291. Date when Court decision becomes final’’.
(C) The heading of section 7298 is amended to
read as follows:
‘‘§ 7298. Retirement Fund’’.
(3) The table of sections at the beginning of
chapter 72 is amended as follows:
(A) The item relating to section 7286 is
amended to read as follows:
‘‘7286. Judicial Conference of the Court.’’.
(B) The item relating to section 7291 is
amended to read as follows:
‘‘7291. Date when Court decision becomes final.’’.
(C) The item relating to section 7298 is
amended to read as follows:
‘‘7298. Retirement Fund.’’.
(4)(A) The heading of chapter 72 is amended to
read as follows:
‘‘CHAPTER 72—UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS’’.
(B) The item relating to chapter 72 in the table
of chapters at the beginning of title 38, United States
Code, and the item relating to such chapter in the
table of chapters at the beginning of part V are
amended to read as follows:
‘‘72. United States Court of Appeals for Veterans Claims ............................ 7251’’.
(b) CONFORMING AMENDMENTS TO OTHER LAWS.—
(1) The following provisions of law are amended
by striking ‘‘Court of Veterans Appeals’’ each place it
appears and inserting ‘‘Court of Appeals for Veterans
Claims’’:
(A) Section 8440d of title 5, United States
Code.
(B) Section 2412 of title 28, United States
Code.
(C) Section 906 of title 44, United States
Code.
(D) Section 109 of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.).
(2)(A) The heading of section 8440d of title 5,
United States Code, is amended to read as follows:
‘‘§ 8440d. Judges of the United States Court of Appeals
for Veterans Claims’’.
(B) The item relating to such section in the table
of sections at the beginning of chapter 84 of such title
is amended to read as follows:
‘‘8440d. Judges of the United States Court of Appeals for Veterans Claims.’’.
(c) OTHER LEGAL REFERENCES.—Any reference in a
law, regulation, document, paper, or other record of the
United States to the United States Court of Veterans Ap-
peals shall be deemed to be a reference to the United States
Court of Appeals for Veterans Claims.
SEC. 513. EFFECTIVE DATE.
This subtitle, and the amendments made by this sub-
title, shall take effect on the first day of the first month
beginning more than 90 days after the date of the enactment
of this Act.
TITLE VI—HOUSING
SEC. 601. LOAN GUARANTEE FOR MULTIFAMILY TRANSI-
TIONAL HOUSING FOR HOMELESS VETERANS.
(a) IN GENERAL.—Chapter 37 is amended by adding
at the end the following new subchapter:
‘‘SUBCHAPTER VI—LOAN GUARANTEE FOR MUL-
TIFAMILY 
TRANSITIONAL 
HOUSING 
FOR
HOMELESS VETERANS
‘‘§ 3771. Definitions
‘‘For purposes of this subchapter:
‘‘(1) The term ‘veteran’ has the meaning given
such term by paragraph (2) of section 101.
‘‘(2) The term ‘homeless veteran’ means a vet-
eran who is a homeless individual.
‘‘(3) The term ‘homeless individual’ has the
meaning given such term by section 103 of the Stew-
art B. McKinney Homeless Assistance Act (42 U.S.C.
11302).
‘‘§ 3772. General authority
‘‘(a) The Secretary may guarantee the full or partial
repayment of a loan that meets the requirements of this sub-
chapter.
‘‘(b)(1) Not more than 15 loans may be guaranteed
under subsection (a), of which not more than five such loans
may be guaranteed during the three-year period beginning
on the date of the enactment of this subchapter.
‘‘(2) A guarantee of a loan under subsection (a) shall
be in an amount that is not less than the amount necessary
to sell the loan in a commercial market.
‘‘(3) Not more than an aggregate amount of
$100,000,000 in loans may be guaranteed under subsection
(a).
‘‘(c) A loan may not be guaranteed under this sub-
chapter unless, before closing such loan, the Secretary has
approved the loan.
‘‘(d)(1) The Secretary shall enter into contracts with
a qualified nonprofit organization, or other qualified orga-
nization, that has experience in underwriting transitional
housing projects to obtain advice in carrying out this sub-
chapter, including advice on the terms and conditions nec-
essary for a loan that meets the requirements of section 3773
of this title.
‘‘(2) For purposes of paragraph (1), a nonprofit orga-
nization is an organization that is described in paragraph
(3) or (4) of subsection (c) of section 501 of the Internal
Revenue Code of 1986 and is exempt from tax under sub-
section (a) of such section.
‘‘(e) The Secretary may carry out this subchapter in
advance of the issuance of regulations for such purpose.
‘‘(f) The Secretary may guarantee loans under this
subchapter notwithstanding any requirement for prior ap-
propriations for such purpose under any provision of law.
‘‘§ 3773. Requirements
‘‘(a) A loan referred to in section 3772 of this title
meets the requirements of this subchapter if each of the fol-
lowing requirements is met:
‘‘(1) The loan—
‘‘(A) is for—
‘‘(i) construction of, rehabilitation of,
or acquisition of land for a multifamily
transitional housing project described in
subsection (b), or more than one of such
purposes; or
‘‘(ii) refinancing of an existing loan
for such a project; and
‘‘(B) may also include additional reason-
able amounts for—
‘‘(i) financing acquisition of furniture,
equipment, supplies, or materials for the
project; or
‘‘(ii) in the case of a loan made for
purposes of subparagraph (A)(i), supplying
the organization carrying out the project
with working capital relative to the project.
‘‘(2) The loan is made in connection with fund-
ing or the provision of substantial property or serv-
ices for such project by either a State or local govern-
ment or a nongovernmental entity, or both.
‘‘(3) The maximum loan amount does not exceed
the lesser of—
‘‘(A) that amount generally approved (uti-
lizing prudent underwriting principles) in the
consideration and approval of projects of similar
nature and risk so as to assure repayment of the
loan obligation; and
‘‘(B) 90 percent of the total cost of the
project.
‘‘(4) The loan is of sound value, taking into ac-
count the creditworthiness of the entity (and the indi-
vidual members of the entity) applying for such loan.
‘‘(5) The loan is secured.
‘‘(6) The loan is subject to such terms and condi-
tions as the Secretary determines are reasonable, tak-
ing into account other housing projects with similar-
ities in size, location, population, and services pro-
vided.
‘‘(b) For purposes of this subchapter, a multifamily
transitional housing project referred to in subsection (a)(1)
is a project that—
‘‘(1) provides transitional housing to homeless
veterans, which housing may be single room occu-
pancy (as defined in section 8(n) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(n)));
‘‘(2) provides supportive services and counselling
services (including job counselling) at the project site
with the goal of making such veterans self-sufficient;
‘‘(3) requires that each such veteran seek to ob-
tain and maintain employment;
‘‘(4) charges a reasonable fee for occupying a
unit in such housing; and
‘‘(5) maintains strict guidelines regarding sobri-
ety as a condition of occupying such unit.
‘‘(c) Such a project—
‘‘(1) may include space for neighborhood retail
services or job training programs; and
‘‘(2) may provide transitional housing to veter-
ans who are not homeless and to homeless individuals
who are not veterans if—
‘‘(A) at the time of taking occupancy by
any such veteran or homeless individual, the
transitional housing needs of homeless veterans
in the project area have been met;
‘‘(B) the housing needs of any such veteran
or homeless individual can be met in a manner
that is compatible with the manner in which the
needs of homeless veterans are met under para-
graph (1); and
‘‘(C) the provisions of paragraphs (4) and
(5) of subsection (b) are met.
‘‘(d) In determining whether to guarantee a loan under
this subchapter, the Secretary shall consider—
‘‘(1) the availability of Department of Veterans
Affairs medical services to residents of the multifam-
ily transitional housing project; and
‘‘(2) the extent to which needs of homeless veter-
ans are met in a community, as assessed under sec-
tion 107 of Public Law 102–405.
‘‘§ 3774. Default
‘‘(a) The Secretary shall take such steps as may be nec-
essary to obtain repayment on any loan that is in default
and that is guaranteed under this subchapter.
‘‘(b) Upon default of a loan guaranteed under this sub-
chapter and terminated pursuant to State law, a lender
may file a claim under the guarantee for an amount not
to exceed the lesser of—
‘‘(1) the maximum guarantee; or
‘‘(2) the difference between—
‘‘(A) the total outstanding obligation on the
loan, including principal, interest, and expenses
authorized by the loan documents, through the
date of the public sale (as authorized under such
documents and State law); and
‘‘(B) the amount realized at such sale.
‘‘§ 3775. Audit
‘‘During each of the first three years of operation of
a multifamily transitional housing project with respect to
which a loan is guaranteed under this subchapter, there
shall be an annual, independent audit of such operation.
Such audit shall include a detailed statement of the oper-
ations, activities, and accomplishments of such project dur-
ing the year covered by such audit. The party responsible
for obtaining such audit (and paying the costs therefor)
shall be determined before the Secretary issues a guarantee
under this subchapter.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 37 is amended by adding at 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.’’.
SEC. 602. VETERANS HOUSING BENEFIT PROGRAM FUND
ACCOUNT CONSOLIDATION.
(a) CONSOLIDATION OF HOUSING LOAN REVOLVING
FUNDS.—Subchapter III of chapter 37 is amended—
(1) by striking out sections 3723, 3724, and
3725; and
(2) by inserting after section 3721 the following
new section:
‘‘§ 3722. Veterans Housing Benefit Program Fund
‘‘(a) There is hereby established in the Treasury of the
United States a fund known as the Veterans Housing Bene-
fit Program Fund (hereafter in this section referred to as
the ‘Fund’).
‘‘(b) The Fund shall be available to the Secretary,
without fiscal year limitation, for all housing loan oper-
ations under this chapter, other than administrative ex-
penses, consistent with the Federal Credit Reform Act of
1990.
‘‘(c) There shall be deposited into the Fund the follow-
ing, which shall constitute the assets of the Fund:
‘‘(1) Any amount appropriated to the Fund.
‘‘(2) Amounts paid into the Fund under section
3729 of this title or any other provision of law or reg-
ulation established by the Secretary imposing fees on
persons or other entities participating in the housing
loan programs under this chapter.
‘‘(3) All other amounts received by the Secretary
on or after October 1, 1998, incident to housing loan
operations under this chapter, including—
‘‘(A) collections of principal and interest on
housing loans made by the Secretary under this
chapter;
‘‘(B) proceeds from the sale, rental, use, or
other disposition of property acquired under this
chapter;
‘‘(C) proceeds from the sale of loans pursu-
ant to sections 3720(h) and 3733(a)(3) of this
title; and
‘‘(D) penalties collected pursuant to section
3710(g)(4)(B) of this title.
‘‘(d) Amounts deposited into the Fund under para-
graphs (2) and (3) of subsection (c) shall be deposited in
the appropriate financing or liquidating account of the
Fund.
‘‘(e) For purposes of this section, the term ‘housing
loan’ shall not include a loan made pursuant to subchapter
V of this chapter.’’.
(b) TRANSFERS OF AMOUNTS INTO VETERANS HOUS-
ING BENEFIT PROGRAM FUND.—All amounts in the follow-
ing funds are hereby transferred to the Veterans Housing
Benefit Program Fund:
(1) The Direct Loan Revolving Fund, as such
fund was continued under section 3723 of title 38,
United States Code (as such section was in effect on
the day before the effective date of this title).
(2) The Department of Veterans Affairs Loan
Guaranty Revolving Fund, as established by section
3724 of such title (as such section was in effect on the
day before the effective date of this title).
(3) The Guaranty and Indemnity Fund, as es-
tablished by section 3725 of such title (as such section
was in effect on the day before the effective date of
this title).
(c) REPEAL OF AUTHORITY TO SELL PARTICIPATION
CERTIFICATES AND OF OBSOLETE REQUIREMENT TO CRED-
IT PROCEEDS.—
(1) REPEAL OF AUTHORITY TO SELL PARTICIPA-
TION
CERTIFICATES.—Section 3720 is amended by
striking out subsection (e).
(2) REPEAL
OF
OBSOLETE
REQUIREMENT
TO
CREDIT
PROCEEDS.—Section 3733 is amended by
striking out subsection (e).
(d) SUBMISSION OF SUMMARY FINANCIAL STATEMENT
ON HOUSING PROGRAMS.—Section 3734 is amended by
adding at the end the following new subsection:
‘‘(c) The information submitted under subsection (a)
shall include a statement that summarizes the financial ac-
tivity of each of the housing programs operated under this
chapter. The statement shall be presented in a form that
is simple, concise, and readily understandable, and shall
not include references to financing accounts, liquidating ac-
counts, or program accounts.’’.
(e) CONFORMING AND CLERICAL AMENDMENTS.—
(1) CONFORMING
AMENDMENTS
TO
CHAPTER
37.—Chapter 37 is amended as follows:
(A) Section 3703(e)(1) is amended by strik-
ing out ‘‘3729(c)(1)’’ and inserting in lieu there-
of ‘‘3729(c)’’.
(B) Section 3711(k) is amended by striking
out ‘‘and section 3723 of this title’’ both places
it appears.
(C) Section 3727(c) is amended by striking
out ‘‘funds established pursuant to sections 3723
and 3724 of this title, as applicable’’ and insert-
ing in lieu thereof ‘‘fund established pursuant to
section 3722 of this title’’.
(D) Section 3729 is amended—
(i) in subsection (c)—
(I) by striking out ‘‘(c)(1)’’ and
inserting in lieu thereof ‘‘(c)’’; and
(II) by striking out paragraphs
(2) and (3); and
(ii) in subsection (a)(1), by striking
out ‘‘(c)(1)’’ and inserting in lieu thereof
‘‘(c)’’.
(E) Section 3733(a)(6) is amended by strik-
ing out ‘‘Department of Veterans Affairs Loan
Guaranty Revolving Fund established by section
3724(a)’’ and inserting in lieu thereof ‘‘Veterans
Housing Benefit Program Fund established by
section 3722(a)’’.
(F) Section 3734, as amended by subsection
(d), is further amended—
(i) in subsection (a)—
(I) by striking out ‘‘Loan Guar-
anty Revolving Fund and the Guar-
anty and Indemnity Fund’’ in para-
graph (1) and inserting in lieu thereof
‘‘Veterans Housing Benefit Program
Fund’’; and
(II) by striking out ‘‘funds,’’ in
paragraph (2) and inserting in lieu
thereof ‘‘fund,’’;
(ii) in subsection (b), by striking out
‘‘each fund’’ in the matter preceding para-
graph (1) and inserting in lieu thereof ‘‘the
fund’’; and
(iii) in subsection (b)(2)—
(I) by striking out subparagraph
(B);
(II) by redesignating subpara-
graphs (C), (D), (E), (F), and (G) as
subparagraphs (B), (C), (D), (E), and
(F), respectively; and
(III) in subparagraph (B), as so
redesignated, by striking out ‘‘sub-
sections (a)(3) and (c)(2) of section
3729’’ and inserting in lieu thereof
‘‘section 3729(a)(3)’’.
(G) Section 3735(a)(3)(A)(i) is amended by
striking out ‘‘Loan Guaranty Revolving Fund
and the Guaranty and Indemnity Fund’’ and
inserting in lieu thereof ‘‘Veterans Housing Ben-
efit Program Fund’’.
(2) OTHER CONFORMING AMENDMENT.—Section
2106(e) is amended by striking out ‘‘, as appropriate,
deposited in either the direct loan or loan guaranty
revolving fund established by section 3723 or 3724 of
this title, respectively’’ and inserting in lieu thereof
‘‘deposited in the Veterans Housing Benefit Program
Fund established by section 3722 of this title’’.
(3) TECHNICAL AND CLERICAL AMENDMENTS.—
(A) The heading for section 3734 is amended to read
as follows:
‘‘§ 3734. Annual submission of information on the Vet-
erans Housing Benefit Program Fund and
housing programs’’.
(B) The heading for section 3763 is amended to
read as follows:
‘‘§ 3763. Native American Veteran Housing Loan Pro-
gram Account’’.
(C) The table of sections at the beginning of
chapter 37 is amended—
(i) by inserting after the item relating to
section 3721 the following new item:
‘‘3722. Veterans Housing Benefit Program Fund.’’;
(ii) by striking out the items relating to sec-
tions 3723, 3724, and 3725;
(iii) by striking out the item relating to sec-
tion 3734 and inserting in lieu thereof the fol-
lowing:
‘‘3734. Annual submission of information on the Veterans Housing Benefit Pro-
gram Fund and housing programs.’’;
and
(iv) by striking out the item relating to sec-
tion 3763 and inserting in lieu thereof the fol-
lowing:
‘‘3763. Native American Veteran Housing Loan Program Account.’’.
(f) EFFECTIVE DATE.—This title and the amendments
made by this title shall take effect on October 1, 1998.
SEC. 603. EXTENSION OF ELIGIBILITY OF MEMBERS OF SE-
LECTED RESERVE FOR VETERANS HOUSING
LOANS.
(a) EXTENSION.—Section 3702(a)(2)(E) is amended
by striking out ‘‘October 27, 1999,’’ and inserting in lieu
thereof ‘‘September 30, 2003,’’.
(b) ONE-YEAR EXTENSION OF FEE PROVISION.—Sec-
tion 3729(a)(4) is amended—
(1) by striking out ‘‘With respect to a loan closed
after September 30, 1993, and before October 1,
2002,’’ and inserting in lieu thereof ‘‘(A) With respect
to a loan closed during the period specified in sub-
paragraph (B)’’; and
(2) by adding at the end the following:
‘‘(B) The specified period for purposes of subparagraph
(A) is the period beginning on October 1, 1993, and ending
on September 30, 2002, except that in the case of a loan
described in subparagraph (D) of paragraph (2), such pe-
riod ends on September 30, 2003.’’.
SEC. 604. APPLICABILITY OF PROCUREMENT LAW TO CER-
TAIN CONTRACTS OF DEPARTMENT OF VET-
ERANS AFFAIRS.
(a) IN GENERAL.—Section 3720(b) is amended by
striking ‘‘; however’’ and all that follows and inserting the
following: ‘‘, except that title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.) shall apply to any contract for services or supplies
on account of any property acquired pursuant to this sec-
tion.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to contracts entered into
under section 3720 of title 38, United States Code, after
the end of the 60-day period beginning on the date of the
enactment of this Act.
TITLE VII—CONSTRUCTION AND
FACILITIES MATTERS
SEC. 701. AUTHORIZATION OF MAJOR MEDICAL FACILITY
PROJECTS.
(a) IN GENERAL.—The Secretary of Veterans Affairs
may carry out the following major medical facility projects,
with each project to be carried out in the amount specified
for that project:
(1) Alterations and demolition at the Depart-
ment of Veterans Affairs Medical Center, Long Beach,
California, in an amount not to exceed $23,200,000.
(2) Construction and seismic work at the De-
partment of Veterans Affairs Medical Center, San
Juan, Puerto Rico, in an amount not to exceed
$50,000,000.
(3) Outpatient clinic expansion at the Depart-
ment of Veterans Affairs Medical Center, Washington,
D.C., in an amount not to exceed $29,700,000.
(4) Construction of a psychogeriatric care build-
ing and demolition of a seismically unsafe building
at the Department of Veterans Affairs Medical Center,
Palo Alto, California, in an amount not to exceed
$22,400,000.
(5) Construction of an ambulatory care addition
and renovations for ambulatory care at the Depart-
ment of Veterans Affairs Medical Center, Cleveland
(Wade Park), Ohio, in an amount not to exceed
$28,300,000, of which $7,500,000 shall be derived
from funds appropriated for a fiscal year before fiscal
year 1999 that remain available for obligation.
(6) Construction of an ambulatory care addition
at the Department of Veterans Affairs Medical Center,
Tucson, Arizona, in an amount not to exceed
$35,000,000.
(7) Construction of an addition for psychiatric
care at the Department of Veterans Affairs Medical
Center, Dallas, Texas, in an amount not to exceed
$24,200,000.
(8) Outpatient clinic projects at Auburn and
Merced, California, as part of the Northern California
Healthcare Systems Project, in an amount not to ex-
ceed $3,000,000, to be derived only from funds appro-
priated for Construction, Major Projects, for a fiscal
year before fiscal year 1999 that remain available for
obligation.
(9) Renovations to a nursing home care unit at
the Department of Veterans Affairs Medical Center,
Lebanon, Pennsylvania, in an amount not to exceed
$9,500,000.
(10) Construction of a spinal cord injury center
at the Department of Veterans Affairs Medical Center,
Tampa, Florida, in an amount not to exceed
$46,300,000, of which $20,000,000 shall be derived
from funds appropriated for a fiscal year before fiscal
year 1999 that remain available for obligation.
(b) CONSTRUCTION OF PARKING FACILITY.—The Sec-
retary may construct a parking structure at the Depart-
ment of Veterans Affairs Medical Center, Denver, Colorado,
in an amount not to exceed $13,000,000, of which
$11,900,000 shall be derived from funds in the Parking Re-
volving Fund.
SEC. 702. AUTHORIZATION OF MAJOR MEDICAL FACILITY
LEASES.
The Secretary of Veterans Affairs may enter into leases
for satellite outpatient clinics as follows:
(1) Baton Rouge, Louisiana, in an amount not
to exceed $1,800,000.
(2) Daytona Beach, Florida, in an amount not
to exceed $2,600,000.
(3) Oakland Park, Florida, in an amount not to
exceed $4,100,000.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of Veterans Affairs for fiscal year
1999 and for fiscal year 2000—
(1) for the Construction, Major Projects, account
$241,100,000 for the projects authorized in section
701(a); and
(2) for the Medical Care account, $8,500,000 for
the leases authorized in section 702.
(b) LIMITATION.—(1) The projects authorized in sec-
tion 701(a) may only be carried out using—
(A) funds appropriated for fiscal year 1999 or
fiscal year 2000 pursuant to the authorization of ap-
propriations in subsection (a);
(B) funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 1999 that
remain available for obligation; and
(C) funds appropriated for Construction, Major
Projects, for fiscal year 1999 for a category of activity
not specific to a project.
(2) The project authorized in section 701(b) may only
be carried out using funds appropriated for a fiscal year
before fiscal year 1999—
(A) for the Parking Revolving Fund; or
(B) for Construction, Major Projects, for a cat-
egory of activity not specific to a project.
SEC. 704. INCREASE IN THRESHOLD FOR MAJOR MEDICAL
FACILITY LEASES FOR PURPOSES OF CON-
GRESSIONAL AUTHORIZATION.
Section 8104(a)(3)(B) is amended by striking out
‘‘$300,000’’ and inserting in lieu thereof ‘‘$600,000’’.
SEC. 705. THRESHOLD FOR TREATMENT OF PARKING FACIL-
ITY PROJECT AS A MAJOR MEDICAL FACILITY
PROJECT.
Section 8109(i)(2) is amended by striking out
‘‘$3,000,000’’ and inserting in lieu thereof ‘‘$4,000,000’’.
SEC. 706. PARKING FEES.
(a) LIMITATION.—The Secretary of Veterans Affairs
may not establish or collect any parking fee at any parking
facility associated with the Spark M. Matsunaga Depart-
ment of Veterans Affairs Medical and Regional Office Cen-
ter in Honolulu, Hawaii.
(b) REPORT.—Not later than September 15, 1999, the
Secretary shall submit to the Committees on Veterans’ Af-
fairs of the Senate and House of Representatives a report
regarding the Department’s experience in exercising and
administering the authority of the Secretary to charge park-
ing fees under subsections (d) and (e) of section 8109 of
title 38, United States Code. The report shall include—
(1) the results of a survey which shall describe
the parking facilities and number of parking spaces
available to employees of the Department at each
medical facility of the Department with more than 50
employees;
(2) an analysis of the means by which the Sec-
retary could implement in a cost-effective manner the
authority of the Secretary under subsection (e) of sec-
tion 8109 of title 38, United States Code; and
(3) recommendations for amending section 8109
of such title—
(A) to address the applicability of parking
fees to employees of the Secretary who are em-
ployed at a regional office which is co-located
with a medical facility;
(B) to address the applicability of parking
fees to persons using parking facilities at De-
partment of Veterans Affairs medical centers co-
located with facilities of the Department of De-
fense;
(C) to link any schedule of applicable fees
to applicable commercial rates; and
(D) to achieve any other purpose.
SEC. 707. MASTER PLAN REGARDING USE OF DEPARTMENT
OF VETERANS AFFAIRS LANDS AT WEST LOS
ANGELES MEDICAL CENTER, CALIFORNIA.
(a) REPORT.—The Secretary of Veterans Affairs shall
submit to Congress a report on the master plan of the De-
partment of Veterans Affairs relating to the use of Depart-
ment lands at the West Los Angeles Department of Veterans
Affairs Medical Center, California.
(b) REPORT ELEMENTS.—The report under subsection
(a) shall set forth the following:
(1) The master plan referred to in that sub-
section, if such a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a veter-
ans park on the lands referred to in subsection (a),
and an assessment of such proposals.
(4) Any proposal to use a portion of those lands
as dedicated green space, and an assessment of such
proposals.
(c) ALTERNATIVE REPORT ELEMENT.—If a master
plan referred to in subsection (a) does not exist as of the
date of the enactment of this Act, the Secretary shall set
forth in the report under that subsection, in lieu of the mat-
ters specified in paragraphs (1) and (2) of subsection (b),
a plan for the development of a master plan for the use
of the lands referred to in subsection (a) over the next 25
years and over the next 50 years.
SEC. 708. DESIGNATION OF DEPARTMENT OF VETERANS AF-
FAIRS MEDICAL CENTER, ASPINWALL, PENN-
SYLVANIA.
The Department of Veterans Affairs medical center in
Aspinwall, Pennsylvania, is hereby designated as the ‘‘H.
John Heinz III Department of Veterans Affairs Medical
Center’’. Any reference to that medical center in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
H. John Heinz III Department of Veterans Affairs Medical
Center.
SEC. 709. DESIGNATION OF DEPARTMENT OF VETERANS AF-
FAIRS 
MEDICAL 
CENTER, 
GAINESVILLE,
FLORIDA.
The Department of Veterans Affairs medical center in
Gainesville, Florida, is hereby designated as the ‘‘Malcom
Randall Department of Veterans Affairs Medical Center’’.
Any reference to that medical center in any law, regulation,
map, document, record, or other paper of the United States
shall be considered to be a reference to the Malcom Randall
Department of Veterans Affairs Medical Center.
SEC. 710. DESIGNATION OF DEPARTMENT OF VETERANS AF-
FAIRS 
OUTPATIENT 
CLINIC, 
COLUMBUS,
OHIO.
The Department of Veterans Affairs outpatient clinic
in Columbus, Ohio, shall after the date of the enactment
of this Act be known and designated as the ‘‘Chalmers P.
Wylie Veterans Outpatient Clinic’’. Any reference to that
outpatient clinic in any law, regulation, map, document,
record, or other paper of the United States shall be consid-
ered to be a reference to the Chalmers P. Wylie Veterans
Outpatient Clinic.
TITLE 
VIII—HEALTH 
PROFES-
SIONALS 
EDUCATIONAL 
AS-
SISTANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Department of Veterans
Affairs Health Care Personnel Incentive Act of 1998’’.
SEC. 802. SCHOLARSHIP PROGRAM FOR DEPARTMENT OF
VETERANS AFFAIRS EMPLOYEES RECEIVING
EDUCATION OR TRAINING IN THE HEALTH
PROFESSIONS.
(a) PROGRAM AUTHORITY.—Chapter 76 is amended by
adding at the end the following new subchapter:
‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE
SCHOLARSHIP PROGRAM
‘‘§ 7671. Authority for program
‘‘As part of the Educational Assistance Program, the
Secretary may carry out a scholarship program under this
subchapter. The program shall be known as the Department
of Veterans Affairs Employee Incentive Scholarship Pro-
gram (hereinafter in this subchapter referred to as the ‘Pro-
gram’). The purpose of the Program is to assist, through
the establishment of an incentive program for individuals
employed in the Veterans Health Administration, in meet-
ing the staffing needs of the Veterans Health Administra-
tion for health professional occupations for which recruit-
ment or retention of qualified personnel is difficult.
‘‘§ 7672. Eligibility; agreement
‘‘(a) ELIGIBILITY.—To be eligible to participate in the
Program, an individual must be an eligible Department
employee who is accepted for enrollment or enrolled (as de-
scribed in section 7602 of this title) as a full-time or part-
time student in a field of education or training described
in subsection (c).
‘‘(b) ELIGIBLE DEPARTMENT EMPLOYEES.—For pur-
poses of subsection (a), an eligible Department employee is
any employee of the Department who, as of the date on
which the employee submits an application for participa-
tion in the Program, has been continuously employed by
the Department for not less than two years.
‘‘(c) QUALIFYING FIELDS OF EDUCATION OR TRAIN-
ING.—A scholarship may be awarded under the Program
only for education and training in a field leading to ap-
pointment or retention in a position under section 7401
of this title.
‘‘(d) AWARD
OF SCHOLARSHIPS.—Notwithstanding
section 7603(d) of this title, the Secretary, in selecting par-
ticipants in the Program, may award a scholarship only
to applicants who have a record of employment with the
Veterans Health Administration which, in the judgment of
the Secretary, demonstrates a high likelihood that the appli-
cant will be successful in completing such education or
training and in employment in such field.
‘‘(e) AGREEMENT.—(1) An agreement between the Sec-
retary and a participant in the Program shall (in addition
to the requirements set forth in section 7604 of this title)
include the following:
‘‘(A) The Secretary’s agreement to provide the
participant with a scholarship under the Program for
a specified number (from one to three) of school years
during which the participant pursues a course of edu-
cation or training described in subsection (c) that
meets the requirements set forth in section 7602(a) of
this title.
‘‘(B) The participant’s agreement to serve as a
full-time employee in the Veterans Health Adminis-
tration for a period of time (hereinafter in this sub-
chapter referred to as the ‘period of obligated service’)
determined in accordance with regulations prescribed
by the Secretary of up to three calendar years for
each school year or part thereof for which the partici-
pant was provided a scholarship under the Program,
but for not less than three years.
‘‘(C) The participant’s agreement to serve under
subparagraph (B) in a Department facility selected
by the Secretary.
‘‘(2) In a case in which an extension is granted under
section 7673(c)(2) of this title, the number of years for
which a scholarship may be provided under the Program
shall be the number of school years provided for as a result
of the extension.
‘‘(3) In the case of a participant who is a part-time
student, the period of obligated service shall be reduced in
accordance with the proportion that the number of credit
hours carried by such participant in any such school year
bears to the number of credit hours required to be carried
by a full-time student in the course of training being pur-
sued by the participant, but in no event to less than one
year.
‘‘§ 7673. Scholarship
‘‘(a) SCHOLARSHIP.—A scholarship provided to a par-
ticipant in the Program for a school year shall consist of
payment of the tuition (or such portion of the tuition as
may be provided under subsection (b)) of the participant
for that school year and payment of other reasonable edu-
cational expenses (including fees, books, and laboratory ex-
penses) for that school year.
‘‘(b) AMOUNTS.—The total amount of the scholarship
payable under subsection (a)—
‘‘(1) in the case of a participant in the Program
who is a full-time student, may not exceed $10,000 for
any one year; and
‘‘(2) in the case of a participant in the Program
who is a part-time student, shall be the amount speci-
fied in paragraph (1) reduced in accordance with the
proportion that the number of credit hours carried by
the participant in that school year bears to the num-
ber of credit hours required to be carried by a full-
time student in the course of education or training
being pursued by the participant.
‘‘(c) LIMITATION ON YEARS OF PAYMENT.—(1) Subject
to paragraph (2), a participant in the Program may not
receive a scholarship under subsection (a) for more than
three school years.
‘‘(2) The Secretary may extend the number of school
years for which a scholarship may be awarded to a partici-
pant in the Program who is a part-time student to a maxi-
mum of six school years if the Secretary determines that
the extension would be in the best interest of the United
States.
‘‘(d) PAYMENT OF EDUCATIONAL EXPENSES BY EDU-
CATIONAL INSTITUTIONS.—The Secretary may arrange
with an educational institution in which a participant in
the Program is enrolled for the payment of the educational
expenses described in subsection (a). Such payments may
be made without regard to subsections (a) and (b) of section
3324 of title 31.
‘‘§ 7674. Obligated service
‘‘(a) IN GENERAL.—Each participant in the Program
shall provide service as a full-time employee of the Depart-
ment for the period of obligated service provided in the
agreement of the participant entered into under section
7603 of this title. Such service shall be provided in the full-
time clinical practice of such participant’s profession or in
another health-care position in an assignment or location
determined by the Secretary.
‘‘(b) DETERMINATION OF SERVICE COMMENCEMENT
DATE.—(1) Not later than 60 days before a participant’s
service commencement date, the Secretary shall notify the
participant of that service commencement date. That date
is the date for the beginning of the participant’s period of
obligated service.
‘‘(2) As soon as possible after a participant’s service
commencement date, the Secretary shall—
‘‘(A) in the case of a participant who is not a
full-time employee in the Veterans Health Adminis-
‘‘(4) The Secretary shall by regulation prescribe the
service commencement date for participants who were part-
time students. Such regulations shall prescribe terms as
similar as practicable to the terms set forth in paragraph
(3).
‘‘(c) COMMENCEMENT OF OBLIGATED SERVICE.—(1)
Except as provided in paragraph (2), a participant in the
Program shall be considered to have begun serving the par-
ticipant’s period of obligated service—
‘‘(A) on the date, after the participant’s course
completion date, on which the participant (in accord-
ance with subsection (b)) is appointed as a full-time
employee in the Veterans Health Administration; or
‘‘(B) if the participant is a full-time employee in
the Veterans Health Administration on such course
completion date, on the date thereafter on which the
participant is assigned to a position for which the
participant’s course of training prepared the partici-
pant.
‘‘(2) A participant in the Program who on the partici-
pant’s course completion date is a full-time employee in the
Veterans Health Administration serving in a capacity for
which the participant’s course of training prepared the par-
ticipant shall be considered to have begun serving the par-
ticipant’s period of obligated service on such course comple-
tion date.
‘‘(d) COURSE COMPLETION DATE DEFINED.—In this
section, the term ‘course completion date’ means the date
on which a participant in the Program completes the par-
ticipant’s course of education or training under the Pro-
gram.
‘‘§ 7675. Breach of agreement: liability
‘‘(a) LIQUIDATED DAMAGES.—A participant in the
Program (other than a participant described in subsection
(b)) who fails to accept payment, or instructs the edu-
cational institution in which the participant is enrolled not
to accept payment, in whole or in part, of a scholarship
under the agreement entered into under section 7603 of this
title shall be liable to the United States for liquidated dam-
ages in the amount of $1,500. Such liability is in addition
to any period of obligated service or other obligation or li-
ability under the agreement.
‘‘(b) LIABILITY DURING COURSE OF EDUCATION OR
TRAINING.—(1) Except as provided in subsection (d), a
participant in the Program shall be liable to the United
States for the amount which has been paid to or on behalf
of the participant under the agreement if any of the follow-
ing occurs:
‘‘(A) The participant fails to maintain an ac-
ceptable level of academic standing in the educational
institution in which the participant is enrolled (as
determined by the educational institution under regu-
lations prescribed by the Secretary).
‘‘(B) The participant is dismissed from such
educational institution for disciplinary reasons.
‘‘(C) The participant voluntarily terminates the
course of education or training in such educational
institution before the completion of such course of
education or training.
‘‘(D) The participant fails to become licensed to
practice medicine, osteopathy, dentistry, podiatry, or
optometry in a State, fails to become licensed as a
registered nurse in a State, or fails to meet any ap-
plicable licensure requirement in the case of any other
health-care personnel who provide either direct pa-
tient-care services or services incident to direct pa-
tient-care services, during a period of time deter-
mined under regulations prescribed by the Secretary.
‘‘(E) In the case of a participant who is a part-
time student, the participant fails to maintain em-
ployment, while enrolled in the course of training
being pursued by the participant, as a Department
employee.
100
‘‘(2) Liability under this subsection is in lieu of any
service obligation arising under a participant’s agreement.
‘‘(c) LIABILITY DURING PERIOD OF OBLIGATED SERV-
ICE.—(1) Except as provided in subsection (d), if a partici-
pant in the Program breaches the agreement by failing for
any reason to complete such participant’s period of obli-
gated service, the United States shall be entitled to recover
from the participant an amount determined in accordance
with the following formula:
A=3Φ
(
t¥s
)
t
‘‘(2) In such formula:
‘‘(A) ‘A’ is the amount the United States is enti-
tled to recover.
‘‘(B) ‘Φ’ is the sum of—
‘‘(i) the amounts paid under this subchapter
to or on behalf of the participant; and
‘‘(ii) the interest on such amounts which
would be payable if at the time the amounts were
paid they were loans bearing interest at the
maximum legal prevailing rate, as determined
by the Treasurer of the United States.
‘‘(C) ‘t’ is the total number of months in the par-
ticipant’s period of obligated service, including any
101
additional period of obligated service in accordance
with section 7673(c)(2) of this title.
‘‘(D) ‘s’ is the number of months of such period
served by the participant in accordance with section
7673 of this title.
‘‘(d) LIMITATION ON LIABILITY FOR REDUCTIONS-IN-
FORCE.—Liability shall not arise under subsection
(b)(1)(E) or (c) in the case of a participant otherwise cov-
ered by the subsection concerned if the participant fails to
maintain employment as a Department employee due to a
staffing adjustment.
‘‘(e) PERIOD
FOR
PAYMENT
OF
DAMAGES.—Any
amount of damages which the United States is entitled to
recover under this section shall be paid to the United States
within the one-year period beginning on the date of the
breach of the agreement.
‘‘§ 7676. Expiration of program
‘‘The Secretary may not furnish scholarships to indi-
viduals who have not commenced participation in the Pro-
gram before December 31, 2001.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new items:
‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM
‘‘7671. Authority for program.
‘‘7672. Eligibility; agreement.
‘‘7673. Scholarship.
102
‘‘7674. Obligated service.
‘‘7675. Breach of agreement: liability.
‘‘7676. Expiration of program.’’.
SEC. 803. EDUCATION DEBT REDUCTION PROGRAM FOR
VETERANS 
HEALTH 
ADMINISTRATION
HEALTH PROFESSIONALS.
(a) PROGRAM AUTHORITY.—Chapter 76 (as amended
by section 802(a)), is further amended by adding after sub-
chapter VI the following new subchapter:
‘‘SUBCHAPTER VII—EDUCATION DEBT
REDUCTION PROGRAM
‘‘§ 7681. Authority for program
‘‘(a) IN GENERAL.—(1) As part of the Educational As-
sistance Program, the Secretary may carry out an edu-
cation debt reduction program under this subchapter. The
program shall be known as the Department of Veterans Af-
fairs Education Debt Reduction Program (hereinafter in
this subchapter referred to as the ‘Education Debt Reduc-
tion Program’).
‘‘(2) The purpose of the Education Debt Reduction
Program is to assist in the recruitment of qualified health
care professionals for positions in the Veterans Health Ad-
ministration for which recruitment or retention of an ade-
quate supply of qualified personnel is difficult.
‘‘(b) RELATIONSHIP
TO EDUCATIONAL ASSISTANCE
PROGRAM.—Education debt reduction payments under the
Education Debt Reduction Program may be in addition to
103
other assistance available to individuals under the Edu-
cational Assistance Program.
‘‘§ 7682. Eligibility
‘‘(a) ELIGIBILITY.—An individual is eligible to par-
ticipate in the Education Debt Reduction Program if the
individual—
‘‘(1) is a recently appointed employee in the Vet-
erans Health Administration serving under an ap-
pointment under section 7402(b) of this title in a po-
sition for which recruitment or retention of a quali-
fied health-care personnel (as determined by the Sec-
retary) is difficult; and
‘‘(2) owes any amount of principal or interest
under a loan, the proceeds of which were used by or
on behalf of that individual to pay costs relating to
a course of education or training which led to a de-
gree that qualified the individual for the position re-
ferred to in paragraph (1).
‘‘(b) COVERED COSTS.—For purposes of subsection
(a)(2), costs relating to a course of education or training
include—
‘‘(1) tuition expenses;
‘‘(2) all other reasonable educational expenses,
including expenses for fees, books, and laboratory ex-
penses; and
104
‘‘(3) reasonable living expenses.
‘‘(c) RECENTLY APPOINTED INDIVIDUALS.—For pur-
poses of subsection (a), an individual shall be considered
to be recently appointed to a position if the individual has
held that position for less than six months.
‘‘§ 7683. Education debt reduction
‘‘(a) IN GENERAL.—Education debt reduction pay-
ments under the Education Debt Reduction Program shall
consist of payments to individuals selected to participate
in the program of amounts to reimburse such individuals
for payments by such individuals of principal and interest
on loans described in section 7682(a)(2) of this title.
‘‘(b) FREQUENCY OF PAYMENT.—(1) The Secretary
may make education debt reduction payments to any given
participant in the Education Debt Reduction Program on
a monthly or annual basis, as determined by the Secretary.
‘‘(2) The Secretary shall make such payments at the
end of the period determined by the Secretary under para-
graph (1).
‘‘(c) PERFORMANCE REQUIREMENT.—The Secretary
may make education debt reduction payments to a partici-
pant in the Education Debt Reduction Program for a pe-
riod only if the Secretary determines that the individual
maintained an acceptable level of performance in the posi-
105
tion or positions served by the participant during the pe-
riod.
‘‘(d) MAXIMUM ANNUAL AMOUNT.—(1) Subject to
paragraph (2), the amount of education debt reduction pay-
ments made to a participant for a year under the Edu-
cation Debt Reduction Program may not exceed—
‘‘(A) $6,000 for the first year of the participant’s
participation in the Program;
‘‘(B) $8,000 for the second year of the partici-
pant’s participation in the Program; and
‘‘(C) $10,000 for the third year of the partici-
pant’s participation in the Program.
‘‘(2) The total amount payable to a participant in
such Program for any year may not exceed the amount of
the principal and interest on loans referred to in subsection
(a) that is paid by the individual during such year.
‘‘§ 7684. Expiration of program
‘‘The Secretary may not make education debt reduc-
tion payments to individuals who have not commenced par-
ticipation in the Education Debt Reduction Program before
December 31, 2001.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter (as amended by section
802(b)) is further amended by adding at the end the follow-
ing new items:
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‘‘SUBCHAPTER VII—EDUCATION DEBT REDUCTION PROGRAM
‘‘7681. Authority for program.
‘‘7682. Eligibility.
‘‘7683. Education debt reduction.
‘‘7684. Expiration of program.’’.
SEC. 804. REPEAL OF PROHIBITION ON PAYMENT OF TUI-
TION LOANS.
Section 523(b) of the Veterans Health Care Act of 1992
(Public Law 102–585; 106 Stat. 4959; 38 U.S.C. 7601 note)
is repealed.
SEC. 805. CONFORMING AMENDMENTS.
Chapter 76 is amended as follows:
(1) Section 7601(a) is amended—
(A) by striking out ‘‘and’’ at the end of
paragraph (2);
(B) by striking out the period at the end of
paragraph (3) and inserting in lieu thereof a
semicolon; and
(C) by adding at the end the following new
paragraphs:
‘‘(4) the employee incentive scholarship program
provided for in subchapter VI of this chapter; and’’;
and
‘‘(5) the education debt reduction program pro-
vided for in subchapter VII of this chapter.’’.
(2) Section 7602 is amended—
(A) in subsection (a)(1)—
107
(i) by striking out ‘‘subchapter I or II’’
and inserting in lieu thereof ‘‘subchapter II,
III, or VI’’;
(ii) by striking out ‘‘or for which’’ and
inserting in lieu thereof ‘‘, for which’’; and
(iii) by inserting before the period at
the end the following: ‘‘, or for which a
scholarship may be awarded under sub-
chapter VI of this chapter, as the case may
be’’; and
(B) in subsection (b), by striking out ‘‘sub-
chapter I or II’’ and inserting in lieu thereof
‘‘subchapter II, III, or VI’’.
(3) Section 7603 is amended—
(A) in subsection (a)—
(i) by striking out ‘‘To apply to par-
ticipate in the Educational Assistance Pro-
gram,’’ and inserting in lieu thereof ‘‘(1) To
apply to participate in the Educational As-
sistance Program under subsection II, III,
V, or VI of this chapter,’’; and
(ii) by adding at the end the following:
‘‘(2) To apply to participate in the Educational As-
sistance Program under subchapter VII of this chapter, an
108
individual shall submit to the Secretary an application for
such participation.’’; and
(B) in subsection (b)(1), by inserting ‘‘(if
required)’’ before the period at the end.
(4) Section 7604 is amended by striking out
‘‘subchapter II, III, or V’’ in paragraphs (1)(A),
(2)(D), and (5) and inserting in lieu thereof ‘‘sub-
chapter II, III, V, or VI’’.
(5) Section 7632 is amended—
(A) in paragraph (1)—
(i) by striking out ‘‘and the Tuition
Reimbursement Program’’ and inserting in
lieu thereof ‘‘, the Tuition Reimbursement
Program, the Employee Incentive Scholar-
ship Program, and the Education Debt Re-
duction Program’’; and
(ii) by inserting ‘‘(if any)’’ after
‘‘number of students’’;
(B) in paragraph (2), by inserting ‘‘(if
any)’’ after ‘‘education institutions’’; and
(C) in paragraph (4)—
(i) by striking ‘‘and per participant’’
and inserting in lieu thereof ‘‘, per partici-
pant’’; and
109
(ii) by inserting ‘‘, per participant in
the Employee Incentive Scholarship Pro-
gram, and per participant in the Education
Debt Reduction Program’’ before the period
at the end.
(6) Section 7636 is amended by striking ‘‘or a
stipend’’ and inserting ‘‘a stipend, or education debt
reduction’’.
SEC. 806. COORDINATION WITH APPROPRIATIONS PROVI-
SION.
This title shall be considered to be the authorizing leg-
islation referred to in the third proviso under the heading
‘‘VETERANS HEALTH ADMINISTRATION—MEDICAL CARE’’
in title I of the Departments of Veterans Affairs and Hous-
ing and Urban Development, and Independent Agencies
Appropriations Act, 1999, and the reference in that proviso
to the ‘‘Primary Care Providers Incentive Act’’ shall be
treated as referring to this title.
110
TITLE 
IX—MISCELLANEOUS
MEDICAL CARE AND MEDICAL
ADMINISTRATION 
PROVI-
SIONS
SEC. 901. EXAMINATIONS AND CARE ASSOCIATED WITH
CERTAIN RADIATION TREATMENT.
(a) IN GENERAL.—Chapter 17 is amended by insert-
ing after section 1720D the following new section:
‘‘§ 1720E. Nasopharyngeal radium irradiation
‘‘(a) The Secretary may provide any veteran a medical
examination, and hospital care, medical services, and nurs-
ing home care, which the Secretary determines is needed
for the treatment of any cancer of the head or neck which
the Secretary finds may be associated with the veteran’s re-
ceipt of nasopharyngeal radium irradiation treatments in
active military, naval, or air service.
‘‘(b) The Secretary shall provide care and services to
a veteran under subsection (a) only on the basis of evidence
in the service records of the veteran which document naso-
pharyngeal radium irradiation treatment in service, except
that, notwithstanding the absence of such documentation,
the Secretary may provide such care to a veteran who—
‘‘(1) served as an aviator in the active military,
naval, or air service before the end of the Korean con-
flict; or
111
‘‘(2) underwent submarine training in active
naval service before January 1, 1965.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 1720D the following new item:
‘‘1720E. Nasopharyngeal radium irradiation.’’.
SEC. 902. EXTENSION OF AUTHORITY TO COUNSEL AND
TREAT VETERANS FOR SEXUAL TRAUMA.
Section 1720D(a) is amended by striking out ‘‘Decem-
ber 31, 1998’’ in paragraphs (1) and (3) and inserting in
lieu thereof ‘‘December 31, 2001’’.
SEC. 903. MANAGEMENT OF SPECIALIZED TREATMENT AND
REHABILITATIVE PROGRAMS.
(a) STANDARDS
OF
JOB
PERFORMANCE.—Section
1706(b) is amended—
(1) in paragraph (2), by striking out ‘‘April 1,
1997, April 1, 1998, and April 1, 1999’’ and insert-
ing in lieu thereof ‘‘April 1, 1999, April 1, 2000, and
April 1, 2001’’; and
(2) by adding at the end the following new para-
graph:
‘‘(3)(A) To ensure compliance with paragraph (1), the
Under Secretary for Health shall prescribe objective stand-
ards of job performance for employees in positions described
in subparagraph (B) with respect to the job performance
of those employees in carrying out the requirements of para-
112
graph (1). Those job performance standards shall include
measures of workload, allocation of resources, and quality-
of-care indicators.
‘‘(B) Positions described in this subparagraph are po-
sitions in the Veterans Health Administration that have re-
sponsibility for allocating and managing resources applica-
ble to the requirements of paragraph (1).
‘‘(C) The Under Secretary shall develop the job per-
formance standards under subparagraph (A) in consulta-
tion with the Advisory Committee on Prosthetics and Spe-
cial Disabilities Programs and the Committee on Care of
Severely Chronically Mentally Ill Veterans.’’.
(b) DEADLINE FOR PRESCRIBING STANDARDS.—The
standards of job performance required by paragraph (3) of
section 1706(b) of title 38, United States Code, as added
by subsection (a), shall be prescribed not later than Janu-
ary 1, 1999.
113
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.
(a) IN GENERAL.—Section 5503(a)(1)(B) is amended
by striking ‘‘Effective through September 30, 1997, any’’
in the second sentence and inserting ‘‘Any’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as of October 1, 1997.
SEC. 905. REPORT ON NURSE LOCALITY PAY.
(a) REPORT REQUIRED.—(1) Not later than February
1, 1999, the Secretary of Veterans Affairs shall submit to
the Committees on Veterans’ Affairs of the Senate and the
House of Representatives a report assessing the system of
locality-based pay for nurses established under the Depart-
ment of Veterans Affairs Nurse Pay Act of 1990 (Public
Law 101–366) and now set forth in section 7451 of title
38, United States Code.
(2) The Secretary shall submit with the report under
paragraph (1) a copy of the report on the locality pay sys-
tem prepared by the contractor pursuant to a contract with
Systems Flow, Inc., that was entered into on May 22, 1998.
114
(b) MATTERS TO BE INCLUDED—The report of the
Secretary under subsection (a)(1) shall include the follow-
ing:
(1) An assessment of the effects of the locality-
based pay system, including information, shown by
facility and grade level, regarding the frequency and
percentage increases, if any, in the rate of basic pay
under that system of nurses employed in the Veterans
Health Administration.
(2) An assessment of the manner in which that
system is being applied.
(3) Plans and recommendations of the Secretary
for administrative and legislative improvements or
revisions to the locality pay system.
(4) An explanation of the reasons for any deci-
sion not to adopt any recommendation in the report
referred to in subsection (a)(2).
(c) UPDATED REPORT.—Not later than February 1,
2000, the Secretary shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives
a report updating the report submitted under subsection
(a)(1).
115
SEC. 906. ANNUAL REPORT ON PROGRAM AND EXPENDI-
TURES OF DEPARTMENT OF VETERANS AF-
FAIRS FOR DOMESTIC RESPONSE TO WEAP-
ONS OF MASS DESTRUCTION.
(a) IN GENERAL.—Subchapter II of chapter 5 is
amended by adding at the end the following new section:
‘‘§ 530. Annual report on program and expenditures
for domestic response to weapons of mass
destruction
‘‘(a) The Secretary shall submit to the Committees on
Veterans’ Affairs of the Senate and House of Representa-
tives an annual report, to be submitted each year at the
time that the President submits the budget for the next fiscal
year under section 1105 of title 31, on the activities of the
Department relating to preparation for, and participation
in, a domestic medical response to an attack involving
weapons of mass destruction.
‘‘(b) Each report under subsection (a) shall include the
following:
‘‘(1) A statement of the amounts of funds and the
level of personnel resources (stated in terms of full-
time equivalent employees) expected to be used by the
Department during the next fiscal year in prepara-
tion for a domestic medical response to an attack in-
volving weapons of mass destruction, including the
anticipated source of those funds and any anticipated
116
shortfalls in funds or personnel resources to achieve
the tasks assigned the Department by the President in
connection with preparation for such a response.
‘‘(2) A detailed statement of the funds expended
and personnel resources (stated in terms of full-time
equivalent employees) used during the fiscal year pre-
ceding the fiscal year during which the report is sub-
mitted in preparation for a domestic medical re-
sponse to an attack involving weapons of mass de-
struction or in response to such an attack, including
identification of the source of those funds and a de-
scription of how those funds were expended.
‘‘(3) A detailed statement of the funds expended
and expected to be expended, and the personnel re-
sources (stated in terms of full-time equivalent em-
ployees) used and expected to be used, during the fis-
cal year during which the report is submitted in
preparation for a domestic medical response to an at-
tack involving weapons of mass destruction or in re-
sponse to such an attack, including identification of
the source of funds expended and a description of how
those funds were expended.
‘‘(c) This section shall expire on January 1, 2009.’’.
117
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 529 the following new item:
‘‘530. Annual report on program and expenditures for domestic response to weap-
ons of mass destruction.’’.
SEC. 907. INTERIM APPOINTMENT OF UNDER SECRETARY
FOR HEALTH.
The President may appoint to the position of Under
Secretary for Health of the Department of Veterans Affairs,
for service through June 30, 1999, the individual whose ap-
pointment to that position under section 305 of title 38,
United States Code, expired on September 28, 1998.
TITLE X—OTHER MATTERS
SEC. 1001. REQUIREMENT FOR NAMING OF DEPARTMENT
PROPERTY.
(a) IN GENERAL.—(1) Subchapter II of chapter 5, as
amended by section 906(a), is further amended by adding
at the end the following new section:
‘‘§ 531. Requirement relating to naming of Depart-
ment property
‘‘Except as expressly provided by law, a facility, struc-
ture, or real property of the Department, and a major por-
tion (such as a wing or floor) of any such facility, structure,
or real property, may be named only for the geographic
area in which the facility, structure, or real property is lo-
cated.’’.
118
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
530, as added by section 906(b), the following new item:
‘‘531. Requirement relating to naming of Department property.’’.
(b) EFFECTIVE DATE.—Section 531 of title 38, United
States Code, as added by subsection (a)(1), shall apply with
respect to the assignment or designation of the name of a
facility, structure, or real property of the Department of
Veterans Affairs (or of a major portion thereof) after the
date of the enactment of this Act.
SEC. 1002. MEMBERS OF THE BOARD OF VETERANS’ AP-
PEALS.
(a) REQUIREMENT FOR BOARD MEMBERS TO BE AT-
TORNEYS.—Section 7101A(a) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following new para-
graph:
‘‘(2) Each member of the Board shall be a member in
good standing of the bar of a State.’’.
(b) EMPLOYMENT REVERSION RIGHTS.—Paragraph
(2) of section 7101A(d) is amended to read as follows:
‘‘(2)(A) Upon removal from the Board under para-
graph (1) of a member of the Board who before appointment
to the Board served as an attorney in the civil service, the
Secretary shall appoint that member to an attorney posi-
tion at the Board, if the removed member so requests. If
119
the removed member served in an attorney position at the
Board immediately before appointment to the Board, ap-
pointment to an attorney position under this paragraph
shall be in the grade and step held by the removed member
immediately before such appointment to the Board.
‘‘(B) The Secretary is not required to make an ap-
pointment to an attorney position under this paragraph if
the Secretary determines that the member of the Board re-
moved under paragraph (1) is not qualified for the posi-
tion.’’.
SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF
APPEALS BY BOARD OF VETERANS’ APPEALS.
(a) FLEXIBILITY IN ORDER OF CONSIDERATION AND
DETERMINATION.—Subsection (a) of section 7107 is
amended—
(1) in paragraph (1), by inserting ‘‘in para-
graphs (2) and (3) and’’ after ‘‘Except as provided’’;
(2) in paragraph (2), by striking out the second
sentence and inserting in lieu thereof the following:
‘‘Any such motion shall set forth succinctly the
grounds upon which the motion is based. Such a mo-
tion may be granted only—
‘‘(A) if the case involves interpretation of law of
general application affecting other claims;
120
‘‘(B) if the appellant is seriously ill or is under
severe financial hardship; or
‘‘(C) for other sufficient cause shown.’’; and
(3) by adding at the end the following new para-
graph:
‘‘(3) A case referred to in paragraph (1) may be post-
poned for later consideration and determination if such
postponement is necessary to afford the appellant a hear-
ing.’’.
(b) SCHEDULING OF FIELD HEARINGS.—Subsection
(d) of such section is amended—
(1) in paragraph (2), by striking out ‘‘in the
order’’ and all that follows through the end and in-
serting in lieu thereof ‘‘in accordance with the place
of the case on the docket under subsection (a) relative
to other cases on the docket for which hearings are
scheduled to be held within that area.’’; and
(2) by striking out paragraph (3) and inserting
in lieu thereof the following new paragraph (3):
‘‘(3) A hearing to be held within an area served by
a regional office of the Department may, for cause shown,
be advanced on motion for an earlier hearing. Any such
motion shall set forth succinctly the grounds upon which
the motion is based. Such a motion may be granted only—
121
‘‘(A) if the case involves interpretation of law of
general application affecting other claims;
‘‘(B) if the appellant is seriously ill or is under
severe financial hardship; or
‘‘(C) for other sufficient cause shown.’’.
SEC. 1004. DISABLED VETERANS OUTREACH PROGRAM SPE-
CIALISTS.
(a) IN GENERAL.—Section 4103A(a)(1) is amended—
(1) in the first sentence, by striking out ‘‘for each
6,900 veterans residing in such State’’ through the pe-
riod and inserting in lieu thereof ‘‘for each 7,400 vet-
erans who are between the ages of 20 and 64 residing
in such State.’’;
(2) in the third sentence, by striking out ‘‘of the
Vietnam era’’; and
(3) by striking out the fourth sentence.
(b) EFFECTIVE DATE.—The amendments made by this
section shall apply with respect to appointments of disabled
veterans’ outreach program specialists under section 4103A
of title 38, United States Code, on or after the date of the
enactment of this Act.
SEC. 1005. TECHNICAL AMENDMENTS.
(a) SECTION
REDESIGNATION.—Section 1103, as
added by section 8031(a) of the Veterans Reconciliation Act
of 1997 (title VIII of Public Law 105–33), is redesignated