H. R. 4110—2
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
receiving education or training in the health professions.
Sec. 803. Education debt reduction program for Veterans Health Administration
health professionals.
Sec. 804. Repeal of prohibition on payment of tuition loans.
Sec. 805. Conforming amendments.
Sec. 806. Coordination with appropriations provision.
TITLE IX—MISCELLANEOUS MEDICAL CARE AND MEDICAL
ADMINISTRATION PROVISIONS
Sec. 901. Examinations and care associated with certain radiation treatment.
H. R. 4110—3
Sec. 902. Extension of authority to counsel and treat veterans for sexual trauma.
Sec. 903. Management of specialized treatment and rehabilitative programs.
Sec. 904. Authority to use for operating expenses of Department of Veterans Affairs
medical facilities amounts available by reason of the limitation on pen-
sion 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 indem-
nity 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 CONFLICTS
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 provide for
the National Academy of Sciences, an independent nonprofit sci-
entific organization with appropriate expertise which is not a part
of the Federal Government, to review and evaluate the available
scientific evidence regarding associations between illness and serv-
ice in the Persian Gulf War.
(b) AGREEMENT.—(1) The Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academy of
Sciences for the Academy to perform the activities covered by this
section. The Secretary shall seek to enter into the agreement not
later than 2 months after the date of the enactment of this Act.
(2)(A) If the Secretary is unable within the time period 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 Federal Government, operates as a not-for-profit
entity, and has expertise and objectivity comparable to that of
the Academy.
(B) If the Secretary enters into an agreement with another
organization under this paragraph, any reference in this section
H. R. 4110—4
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 con-
duct a comprehensive review and evaluation of the available sci-
entific and medical information regarding the health status of Gulf
War veterans and the health consequences of exposures to risk
factors during service 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 subpara-
graph (A); and
(C) identify the illnesses (including diagnosed illnesses and
undiagnosed illnesses) for which there is scientific evidence
of a higher prevalence among populations of Gulf War veterans
when compared with other appropriate populations of individ-
uals.
(2) In identifying illnesses under subparagraphs (B) and (C)
of paragraph (1), the Academy shall review and summarize the
relevant scientific evidence regarding illnesses, including symptoms,
adverse reproductive health outcomes, and mortality, among the
members described in paragraph (1)(A) and among other appro-
priate populations of individuals.
(3) In conducting the review and evaluation under paragraph
(1), the Academy shall, for each illness identified under subpara-
graph (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 medicines 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).
H. R. 4110—5
(v) Repellent (DEET).
(E) The following low-level nerve agents and precursor
compounds at exposure levels below those which produce imme-
diately apparent incapacitating symptoms:
(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 medicines 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 6 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 ILLNESSES.—(1)
For each illness identified under subparagraph (B) or (C) of sub-
section (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 deter-
minations, the Academy shall consider—
(A) the strength of scientific evidence, the replicability of
results, the statistical significance of results, and the appro-
priateness of the scientific methods used to detect the associa-
tion;
(B) in any case where there is evidence of an apparent
association, whether there is reasonable confidence that that
apparent association is not due to chance, bias, or confounding;
H. R. 4110—6
(C) the increased risk of the illness among human or animal
populations exposed to the agents, hazards, or medicines or
vaccines;
(D) whether a plausible biological mechanism or other evi-
dence of a causal relationship exists between exposure to the
agents, hazards, or medicines or vaccines and the illnesses;
(E) in any case where information about exposure levels
is available, whether the evidence indicates that the levels
of exposure of the studied populations were of the same mag-
nitude 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 appropriate 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 Acad-
emy of Sciences shall make any recommendations that it considers
appropriate for additional scientific studies (including studies relat-
ing 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 associated
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 subsection (c), the evidence
referred to in subsection (e), and the data referred to in sub-
section (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 results 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 agree-
ment.
(2) The first report under paragraph (1) shall be submitted
not later than 2 years after entry into the agreement under sub-
section (b). That report shall include—
(A) the determinations and discussion referred to in sub-
section (e); and
(B) any recommendations of the Academy under sub
section (f ).
H. R. 4110—7
(3) Reports shall be submitted under this subsection at least
once every 2 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 medical community
with respect to the activities of the Academy under this section
during the 2-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 depart-
ments and agencies of the United States.
(2) Based upon a review under paragraph (1), the Secretary
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 Per-
sian Gulf War service and of exposures to risk factors during
service in the Persian Gulf War. The Secretary shall include in
the report the Secretary’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 veterans.
In determining whether to make such a recommendation, the Sec-
retary 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 Secretary 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 National Academy
of Sciences enters into an agreement with the Secretary under
subsection (b).
(k) DEFINITION.—In this section, the term ‘‘toxic agent, environ-
mental or wartime hazard, or preventive medicine or vaccine associ-
ated with Gulf War service’’ means a biological, chemical, or other
toxic agent, environmental or wartime hazard, or preventive medi-
cine or vaccine that is known or presumed to be associated with
service in the Armed Forces in the Southwest Asia theater of
operations during the Persian Gulf War, whether such association
arises as a result of single, repeated, or sustained exposure 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 Secretary 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 subparagraph, is eligible for hospital care, medical services,
and nursing home care under subsection (a)(2)(F) for any illness,
H. R. 4110—8
notwithstanding that there is insufficient medical evidence to con-
clude that such condition is attributable to such service.’’;
(2) in paragraph (2)(B), by inserting ‘‘or (1)(D)’’ after ‘‘para-
graph (1)(C)’’;
(3) in paragraph (3)—
(A) by striking ‘‘and’’ at the end of subparagraph (A);
(B) by striking ‘‘December 31, 1998.’’ in subparagraph
(B) and inserting ‘‘December 31, 2001; and’’; and
(C) by adding at the end the following new subpara-
graph:
‘‘(C) in the case of care for a veteran described in paragraph
(1)(D), after a period of 2 years beginning on the date of
the veteran’s discharge or release from active military, naval,
or air service.’’; and
(4) by adding at the end the following new paragraph:
‘‘(5) When the Secretary first provides care for veterans using
the authority provided in paragraph (1)(D), the Secretary shall
establish a system for collection and analysis of information on
the general health status and health care utilization patterns of
veterans receiving care under that paragraph. Not later than 18
months after first providing care under such authority, the Sec-
retary shall submit to Congress a report on the experience under
that authority. The Secretary shall include in the report any rec-
ommendations of the Secretary for extension of that authority.’’.
(b) IMPLEMENTATION REPORT.—Not later than October 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 section 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 developing 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 regarding the
etiologies, diagnosis, treatment, and prevention of war-related
illnesses and post-deployment health issues; and
(2) promoting the development of appropriate health
policies, including monitoring, medical recordkeeping, risk
communication, and use of new technologies.
(b) RECOMMENDATIONS AND REPORT.—With respect to such a
center, an agreement under this section shall provide for the Acad-
emy (or other entity) to—
(1) make recommendations regarding: (A) design of an
organizational structure or structures, operational scope, staff-
ing and resource needs, establishment of appropriate databases,
the advantages of single or multiple sites, mechanisms for
implementing recommendations on policy, and relationship to
academic or scientific entities; (B) the role or roles that relevant
H. R. 4110—9
Federal departments and agencies should have in the establish-
ment 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 Defense and
Health and Human Services, and the Committees on Veterans’
Affairs of the Senate and House of Representatives, not later
than 1 year after the date of the enactment of this Act, on
its recommendations.
(c) REPORT
ON ESTABLISHMENT
OF NATIONAL CENTER.—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 Secu-
rity of the House of Representatives a joint report on the findings
and recommendations contained in that report. Such report may
set forth an operational plan for carrying out any recommendation
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 ‘‘GOVERNMENT ACTIVITIES
ON HEALTH-RELATED RESEARCH’’ and inserting the following:
‘‘HEALTH-RELATED GOVERNMENT ACTIVITIES’’;
(2) in subsection (a), by striking ‘‘research’’; and
(3) by striking subsection (b) and inserting the following:
‘‘(b) PUBLIC ADVISORY COMMITTEE.—Not later than January
1, 1999, the head of the department or agency designated under
subsection (a) shall establish an advisory committee consisting of
members of the general public, including Persian Gulf War veterans
and representatives of such veterans, to provide advice to the head
of that department or agency on proposed research studies, research
plans, or research strategies relating to the health consequences
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 Department of
Veterans Affairs entitled ‘VA National Survey of Persian Gulf Veter-
ans—Phase III’, the head of the department or agency designated
under subsection (a) shall submit 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 scientific evidence of
H. R. 4110—10
a greater relative risk of illness or illnesses in family members
of veterans who served in the Persian Gulf War theater of oper-
ations than in family members of veterans who did not so serve,
the head of the department 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 FINDINGS.—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 (including 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 agency
designated under subsection (a) shall ensure that the appropriate
departments consult and coordinate in carrying out an ongoing
program to provide information to those who served in the South-
west Asia theater of operations during the Persian Gulf War relat-
ing to: (1) the health risks, if any, resulting from any risk factors
associated with such service; and (2) any services or benefits avail-
able with respect to such health risks.’’.
SEC. 105. IMPROVING EFFECTIVENESS OF CARE OF PERSIAN 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 National 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 determining 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 Persian Gulf War; and
(2) identify, to the extent feasible, with respect to each
undiagnosed illness prevalent among such veterans and for
any other chronic illness that the Academy determines to war-
rant such review, empirically valid models of treatment for
such illness which employ 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 methodol-
ogy is identified by the Academy, develop an appropriate mechanism
to monitor and study the effectiveness 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 Representatives 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).
H. R. 4110—11
SEC. 106. CONTRACT FOR INDEPENDENT RECOMMENDATIONS ON
RESEARCH AND FOR DEVELOPMENT 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
MEDICAL
EDUCATION CURRICULUM.—(1) In order to further understand 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 service, the Secretary of Veterans Affairs and
the Secretary of Defense shall seek to enter into an agreement
with the National Academy of Sciences under which the Institute
of Medicine of the Academy would—
‘‘(A) develop a curriculum pertaining to the care and treat-
ment of veterans of such service who have ill-defined or
undiagnosed illnesses for use in the continuing medical edu-
cation of both general and specialty 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 relating to the health con-
sequences of military service in the Persian Gulf theater of
operations during the Persian Gulf War.
‘‘(2) Recommendations to be provided under paragraph (1)(B)
include any recommendations that the Academy considers appro-
priate 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 9 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 CHILDREN 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 ‘‘Decem-
ber 31, 1998’’ and inserting ‘‘December 31, 1999’’.
(b) TERMINATION
OF
CERTAIN
TESTING
AND
EVALUATION
REQUIREMENTS.—Subsection (a) of such section is amended—
(1) by striking ‘‘the’’ after ‘‘Secretary of ’’;
(2) by striking ‘‘study’’ both places it appears and inserting
‘‘program’’; and
(3) by striking the sentence following paragraph (3).
(c) ENHANCED FLEXIBILITY IN EXAMINATIONS.—Subsection (d)
of such section is amended—
H. R. 4110—12
(1) by striking ‘‘shall’’ and inserting ‘‘may’’; and
(2) by inserting ‘‘, including fee arrangements described
in section 1703 of title 38, United States Code’’ after ‘‘arrange-
ments’’.
(d) OUTREACH.—Subsection (g) of such section is amended—
(1) by striking ‘‘to ensure’’ and all that follows through
the period at the end of paragraph (2) and inserting ‘‘for the
purposes of the program.’’; and
(2) by adding at the end the following new sentence: ‘‘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 section is
amended to read as follows:
‘‘(i) REPORT TO CONGRESS.—Not later than July 31, 1999, the
Secretary shall submit to the Committees on Veterans’ 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 ‘‘on October 31’’ and all that follows through
the period and inserting ‘‘during the calender year.’’.
(b) FUNDING.—Section 3684(c), as amended by subsection (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 ‘‘An individual shall be paid in advance’’
and inserting ‘‘An individual may elect, in a manner prescribed
by the Secretary, to be paid in advance’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (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 ‘‘successfully completed’’ each place it appears
and inserting ‘‘successfully completed (or otherwise received aca-
demic 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 subsection
(a) shall take effect on October 1, 1998.
H. R. 4110—13
SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING REQUIREMENTS.
(a) TITLE 38, UNITED STATES CODE.—Sections 3034(d)(2) and
3241(b)(2) are each amended—
(1) by striking ‘‘pilot’s license’’ each place it appears and
inserting ‘‘pilot certificate’’; and
(2) by inserting ‘‘, on the day the individual begins 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 ‘‘pilot’s license’’ each place it appears and
inserting ‘‘pilot certificate’’; and
(2) by inserting ‘‘, on the day the individual begins 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 PAYMENT RATE
REQUIREMENTS 
FOR 
GOVERNMENT 
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 subpara-
graphs (A) and (B), respectively;
(3) in subparagraph (A), as so redesignated, by striking
‘‘(A)’’ and ‘‘(B)’’ and inserting ‘‘(i)’’ and ‘‘(ii)’’, respectively; and
(4) by adding at the end the following new paragraph:
‘‘(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 subsection
(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 described in paragraph
(2) to each such member. The Secretary shall furnish such informa-
tion 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
determines appropriate.
‘‘(2) The information referred to in paragraph (1) is information
with respect to the benefits, limitations, procedures, eligibility
requirements (including time-in-service requirements), and other
important aspects of the basic educational 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 educational
institutions, training establishments, and military education person-
nel, as the Secretary determines appropriate.
H. R. 4110—14
‘‘(4) The Secretary shall use amounts appropriated for readjust-
ment benefits to carry out this subsection and section 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 enactment of this
Act.
SEC. 
207. 
INFORMATION 
ON 
MINIMUM 
REQUIREMENTS 
FOR
EDUCATION BENEFITS FOR MEMBERS OF THE ARMED
FORCES DISCHARGED EARLY FROM DUTY FOR THE CON-
VENIENCE OF THE GOVERNMENT.
(a) ACTIVE DUTY PROGRAM.—Section 3011 is amended 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 subsection (a)(1)(A)) and
who indicates the intent to be discharged or released from such
duty for the convenience of the Federal 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 Federal Government of the minimum service requirements
for entitlement to educational assistance benefits under this chap-
ter. Such information shall be provided to the member in a timely
manner.
‘‘(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 subparagraphs (A)(ii) or (B)(ii) of
subsection (a)(1)).’’.
(c) REPORT
TO CONGRESS.—Section 3036(b)(1) is amended—
(1) by striking ‘‘and (B)’’ and inserting ‘‘(B)’’; and
(2) by inserting before the semicolon the following: ‘‘, 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 requirements for entitlement to educational
assistance benefits under this chapter and the results from
such efforts’’.
(d) EFFECTIVE DATES.—(1) The amendments made by sub-
sections (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.
H. R. 4110—15
Subtitle B—Uniformed Services Employ-
ment 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 Sec-
retary refer the complaint to the Attorney General. If the Attorney
General is reasonably 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 attorney
for, the person on whose behalf the complaint is submitted 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 Attorney
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 jurisdic-
tion 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 employer by
a person, the district courts of the United States shall have jurisdic-
tion 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 district in which the State
exercises any authority or carries out any function.
‘‘(2) In the case of an action against a private employer, 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 comply with
the provisions of this chapter.
H. R. 4110—16
‘‘(B) The court may require the employer to compensate
the person for any loss of wages or benefits suffered by reason
of such employer’s failure to comply 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 subparagraph (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 compensation 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 com-
pensation is not paid to the person because of inability to do
so within a period of 3 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, including
prejudgment interest, as may be imposed upon any private employer
under this section.
‘‘(e) EQUITY POWERS.—The court may use its full equity powers,
including temporary or permanent injunctions, temporary restrain-
ing 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 obtained 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 LIMITATIONS.—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 com-
menced 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
H. R. 4110—17
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 EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNI-
FORMED 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 chapter 43 is
amended by inserting after section 4318 the following new section:
‘‘§ 4319. Employment and reemployment rights in foreign
countries
‘‘(a) LIABILITY OF CONTROLLING UNITED STATES EMPLOYER OF
FOREIGN ENTITY.—If an employer controls an entity that is incor-
porated or otherwise organized in a foreign country, any denial
of employment, reemployment, or benefit by such entity shall be
presumed to be by such employer.
‘‘(b) INAPPLICABILITY TO FOREIGN EMPLOYER.—This subchapter
does not apply to foreign operations of an employer that is a
foreign person not controlled by an United States employer.
‘‘(c) DETERMINATION OF CONTROLLING EMPLOYER.—For the pur-
pose of this section, the determination of whether an employer
controls an entity shall be based upon the interrelations of oper-
ations, common management, centralized control of labor relations,
and common ownership or financial control of the employer and
the entity.
‘‘(d) EXEMPTION.—Notwithstanding any other provision 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 compliance 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’’.
H. R. 4110—18
(b) EFFECTIVE DATE.—The amendment made by subsection (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 striking ‘‘$400’’
and inserting ‘‘$600’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (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 practicable 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 approved.
‘‘(3) A person making an election under this section may elect
to receive an amount that is less than the maximum amount
prescribed under paragraph (2). The Secretary 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 reduced, 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.
H. R. 4110—19
‘‘(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 application for
an election under this section shall be made; and
‘‘(2) the procedures under which any such application shall
be considered.
‘‘(f )(1) An election to receive a benefit under this section 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 available 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 con-
verted 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 resources 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 chapter
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 ‘‘Payments of benefits’’ and inserting ‘‘Any
payments’’; and
(2) by inserting ‘‘an insured or’’ after ‘‘or on account of,’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect 90 days after the date of the enactment of this
Act.
SEC. 303. ASSESSMENT OF EFFECTIVENESS OF INSURANCE AND SUR-
VIVOR BENEFITS PROGRAMS FOR SURVIVORS OF VETER-
ANS 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 programs of the Department of Veterans
Affairs (including the payment of dependency and indemnity com-
pensation under chapter 13 of title 38, United States Code) in
meeting the needs of survivors of veterans with service-connected
disabilities, including survivors of catastrophically disabled veterans
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.
H. R. 4110—20
(2) A statement of the number of veterans with service-
connected disabilities who participate in insurance programs
administered by the Department.
(3) A statement of the number of survivors of veterans
with service-connected disabilities who receive dependency and
indemnity compensation under chapter 13 of title 38, United
States Code.
(4) Data on veterans with service-connected disabilities
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 veterans 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 pro-
grams administered by the Department.
(6) An assessment of the adequacy and effectiveness of
the current insurance programs and dependency and indemnity
compensation programs of the Department in meeting the needs
of survivors of severely disabled or catastrophically disabled
veterans.
(7) An analysis of various methods of meeting the transi-
tional financial needs of survivors of veterans with service-
connected disabilities immediately after the deaths of such
veterans.
(8) Such recommendations as the Secretary considers
appropriate regarding means of improving the benefits avail-
able 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 DIVIDENDS UNDER
NSLI PROGRAM.—Section 1919(b) is amended—
(1) by striking ‘‘sections 602(c)(2) and’’ and inserting
‘‘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 beginning on
the date of the enactment of this Act.
TITLE IV—MEMORIAL AFFAIRS
SEC. 401. COMMEMORATION OF INDIVIDUALS WHOSE REMAINS ARE
UNAVAILABLE FOR INTERMENT.
(a) MEMORIAL
HEADSTONES
OR
MARKERS
FOR
CERTAIN
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 appro-
priate memorial headstone or marker for the purpose of commemo-
rating 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’ cemetery owned by a State, or,
in the case of a veteran, in a State, local, or private cemetery.
H. R. 4110—21
‘‘(2) For purposes of paragraph (1), an eligible individual 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 individual’s remains—
‘‘(A) have not been recovered or identified;
‘‘(B) were buried at sea, whether by the individual’s own
choice or otherwise;
‘‘(C) were donated to science; or
‘‘(D) were cremated and the ashes scattered without inter-
ment 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 remarriage was terminated
by death or divorce.’’.
(b) ALTERNATIVE COMMEMORATION
FOR CERTAIN SPOUSES.—
Such section is further amended by adding at the end the following
new subsection:
‘‘(e)(1) When the Secretary has furnished a headstone or marker
under subsection (a) for the unmarked grave of an individual,
the Secretary shall, if feasible, add a memorial inscription to that
headstone or marker rather than furnishing a separate headstone
or marker under that subsection for the surviving spouse of such
individual.
‘‘(2) When the Secretary has furnished a memorial headstone
or marker under subsection (b) for purposes of commemorating
a veteran or an individual who died in the active military, naval,
or air service, the Secretary shall, if feasible, add a memorial
inscription to that headstone or marker rather than furnishing
a separate memorial headstone or marker under that subsection
for the surviving spouse of such individual.’’.
(c) MEMORIAL AREAS.—Section 2403(b) is amended to read as
follows:
‘‘(b) Under regulations prescribed by the Secretary, group
memorials may be placed to honor the memory of groups of individ-
uals referred to in subsection (a), and appropriate memorial
headstones and markers may be placed to honor the memory of
individuals referred to in subsection (a) and section 2306(b) of
this title.’’.
(d) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply to deaths occurring after the date of the
enactment of this Act.
SEC. 402. MERCHANT MARINER BURIAL AND CEMETERY BENEFITS.
(a) BENEFITS.—Part G of subtitle II of title 46, United States
Code, is amended by inserting after chapter 111 the following
new chapter:
‘‘CHAPTER 112—MERCHANT MARINER BENEFITS
‘‘Sec.
‘‘11201. Eligibility for veterans’ burial and cemetery benefits.
‘‘11202. Qualified service.
‘‘11203. Documentation of qualified service.
‘‘11204. Processing fees.
H. R. 4110—22
‘‘§ 11201. Eligibility for veterans’ burial and cemetery bene-
fits
‘‘(a) ELIGIBILITY.—
‘‘(1) IN GENERAL.—The qualified service of a person referred
to in paragraph (2) shall be considered to be active duty in
the Armed Forces during a period of war for purposes of eligi-
bility for benefits under the following provisions of title 38:
‘‘(A) Chapter 23 (relating to burial benefits).
‘‘(B) Chapter 24 (relating to interment in national
cemeteries).
‘‘(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 provision 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 Affairs 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 occurring after the date of
the enactment of this chapter.
‘‘(2) BURIALS, ETC. IN
NATIONAL
CEMETERIES.—Notwith-
standing 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 considered
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 merchant marine
(including the Army Transport Service and the Naval Transport
Service) serving as a crewmember of a vessel that was—
‘‘(A) operated by the War Shipping Administration 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 property 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 docu-
ment the person for such service.
H. R. 4110—23
‘‘§ 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 Fed-
eral 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 receiving an
application under subsection (a) shall act on the application not
later than 1 year after the date of that receipt.
‘‘(c) STANDARDS RELATING TO SERVICE.—In making a determina-
tion under subsection (a)(1), the Secretary acting on the application
shall apply the same standards relating 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 collect a fee of $30 from
each applicant for processing an application submitted under section
11203(a) of this title.
‘‘(b) TREATMENT OF FEES COLLECTED.—Amounts received 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 deposited in the General Fund of the Treasury
as offsetting receipts of the Department of Defense. In either case,
such amounts shall be available, subject to appropriation, for the
administrative costs of processing applications under section 11203
of this title.’’.
(b) CLERICAL AMENDMENT.—The table of chapters at the begin-
ning 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 SYSTEM AND
ESTABLISHMENT OF UNDER SECRETARY FOR MEMORIAL
AFFAIRS.
(a) REDESIGNATION AS NATIONAL CEMETERY ADMINISTRATION.—
(1) The National Cemetery System of the Department 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.
H. R. 4110—24
(2) Section 301(c)(4) is amended by striking ‘‘National Cemetery
System’’ and inserting ‘‘National Cemetery Administration’’.
(3) Section 307 is amended—
(A) in the first sentence, by striking ‘‘a Director of the
National Cemetery System’’ and inserting ‘‘an Under Secretary
for Memorial Affairs’’; and
(B) in the second sentence, by striking ‘‘The Director’’ and
all that follows through ‘‘National Cemetery System’’ and insert-
ing ‘‘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 Department of Veter-
ans Affairs the following new item:
‘‘Under Secretary for Memorial Affairs, Department of
Veterans Affairs.’’; and
(2) in section 5315, by striking ‘‘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 ‘‘within the
National Cemetery System’’ each place such term appears and
inserting ‘‘under the control of the National Cemetery Adminis-
tration’’.
(3) Section 2400 is amended—
(A) in subsection (a)—
(i) by striking ‘‘National Cemetery System’’ and
inserting ‘‘National Cemetery Administration respon-
sible’’; and
(ii) in the second sentence, by striking ‘‘Such sys-
tem’’ and all that follows through ‘‘National Cemetery
System’’ and inserting ‘‘The National Cemetery
Administration shall be headed by the Under Secretary
for Memorial Affairs’’;
(B) in subsection (b), by striking ‘‘National Cemetery
System’’ and inserting ‘‘national cemeteries and other facili-
ties under the control of the National Cemetery Administra-
tion’’; and
(C) by amending the heading to read as follows:
‘‘§ 2400. Establishment of National Cemetery Administration;
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 Adminis-
tration.’’.
(5) Section 2402 is amended in the matter preceding para-
graph (1) by striking ‘‘in the National Cemetery System’’ and
H. R. 4110—25
inserting ‘‘under the control of the National Cemetery Adminis-
tration’’.
(6) Section 2403(c) is amended by striking ‘‘in the National
Cemetery System created by this chapter’’ and inserting ‘‘under
the control of the National Cemetery Administration’’.
(7) Section 2405(c) is amended—
(A) by striking ‘‘within the National Cemetery System’’
and inserting ‘‘under the control of the National Cemetery
Administration’’; and
(B) by striking ‘‘within such System’’ and inserting
‘‘under the control of such Administration’’.
(8) Section 2408(c)(1) is amended by striking ‘‘in the
National Cemetery System’’ and inserting ‘‘under the control
of the National Cemetery Administration’’.
(d) REFERENCES.—
(1) Any reference in a law, map, regulation, document,
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, document,
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 Memo-
rial 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 improvements 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 improvement of
an existing cemetery, the sum of: (i) the cost of improve-
ments 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 subparagraph (A) or
(B) of paragraph (1), the State receiving the grant shall contrib-
ute 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 ‘‘shall remain available until the end of the second fiscal
year following the fiscal year for which they are appropriated’’
and inserting ‘‘shall remain available until expended’’.
(c) EXTENSION
OF AUTHORIZATION
OF APPROPRIATIONS
FOR
GRANT PROGRAM.—Paragraph (2) of section 2408(a) is amended
to read as follows:
H. R. 4110—26
‘‘(2) There is authorized to be appropriated such sums as may
be necessary for fiscal year 1999 and for each succeeding 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 CONFIRMA-
TION 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
1 year while that nomination is pending.’’.
SEC. 502. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION
ORDERS.
Section 7298 is amended by adding at the end the following
new subsection:
‘‘(g) For purpose of section 255(g)(1)(B) of the Balanced 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 retirement 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 MODIFICATIONS.
(a) REPORT ON JUDGES’ RETIREMENT SYSTEM.—Not later than
1 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 Veterans’ 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
6 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 Veterans’ Affairs of the Senate
and House of Representatives a report on the feasibility and desir-
ability of allowing judges of that court to participate in the survivor
annuity programs available to other Federal judges.
H. R. 4110—27
Subtitle B—Renaming of Court
SEC. 511. RENAMING OF THE COURT OF VETERANS APPEALS.
(a) IN GENERAL.—The United States Court of Veterans Appeals
is hereby renamed as, and shall hereafter be known and designated
as, the United States Court of Appeals for Veterans Claims.
(b) SECTION 7251.—Section 7251 is amended by striking ‘‘United
States Court of Veterans Appeals’’ and inserting ‘‘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 striking ‘‘Court
of Veterans Appeals’’ each place it appears 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 begin-
ning 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.—
H. R. 4110—28
(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 Government 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, regula-
tion, document, paper, or other record of the United States to
the United States Court of Veterans Appeals 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 subtitle, 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 TRANSITIONAL
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 MULTIFAMILY
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 veteran who
is a homeless individual.
‘‘(3) The term ‘homeless individual’ has the meaning given
such term by section 103 of the Stewart 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 subchapter.
‘‘(b)(1) Not more than 15 loans may be guaranteed under sub-
section (a), of which not more than five such loans may be guaran-
teed during the 3-year period beginning on the date of the enact-
ment of this subchapter.
H. R. 4110—29
‘‘(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 subchapter 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 organization, that has
experience in underwriting transitional housing projects to obtain
advice in carrying out this subchapter, including advice on the
terms and conditions necessary for a loan that meets the require-
ments of section 3773 of this title.
‘‘(2) For purposes of paragraph (1), a nonprofit organization
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 subsection (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 appropriations 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 following require-
ments 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 reasonable 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 carry-
ing out the project with working capital relative to
the project.
‘‘(2) The loan is made in connection with funding or the
provision of substantial property or services for such project
by either a State or local government or a nongovernmental
entity, or both.
‘‘(3) The maximum loan amount does not exceed the lesser
of—
‘‘(A) that amount generally approved (utilizing prudent
underwriting principles) in the consideration and approval
of projects of similar nature and risk so as to assure repay-
ment of the loan obligation; and
‘‘(B) 90 percent of the total cost of the project.
‘‘(4) The loan is of sound value, taking into account the
creditworthiness of the entity (and the individual members
of the entity) applying for such loan.
H. R. 4110—30
‘‘(5) The loan is secured.
‘‘(6) The loan is subject to such terms and conditions as
the Secretary determines are reasonable, taking into account
other housing projects with similarities in size, location, popu-
lation, and services provided.
‘‘(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 occupancy (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 obtain and
maintain employment;
‘‘(4) charges a reasonable fee for occupying a unit in such
housing; and
‘‘(5) maintains strict guidelines regarding sobriety 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 veterans 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 paragraph (1); and
‘‘(C) the provisions of paragraphs (4) and (5) of sub-
section (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 multifamily transitional
housing project; and
‘‘(2) the extent to which needs of homeless veterans are
met in a community, as assessed under section 107 of Public
Law 102–405.
‘‘§ 3774. Default
‘‘(a) The Secretary shall take such steps as may be necessary
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 subchapter
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
H. R. 4110—31
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 3 years of operation of a multifamily
transitional housing project with respect to which a loan is guaran-
teed under this subchapter, there shall be an annual, independent
audit of such operation. Such audit shall include a detailed state-
ment of the operations, activities, and accomplishments of such
project during 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 begin-
ning 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 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 Benefit 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 operations under this
chapter, other than administrative expenses, consistent with the
Federal Credit Reform Act of 1990.
‘‘(c) There shall be deposited into the Fund the following, 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 regulation 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 dis-
position of property acquired under this chapter;
‘‘(C) proceeds from the sale of loans pursuant 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.
H. R. 4110—32
‘‘(d) Amounts deposited into the Fund under paragraphs (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 HOUSING BENEFIT
PROGRAM FUND.—All amounts in the following 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 established 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 CREDIT PROCEEDS.—
(1) 
REPEAL
OF
AUTHORITY
TO
SELL
PARTICIPATION
CERTIFICATES.—Section 3720 is amended by striking subsection
(e).
(2) 
REPEAL
OF
OBSOLETE
REQUIREMENT
TO
CREDIT
PROCEEDS.—Section 3733 is amended by striking 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 activity 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 accounts, 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 
striking
‘‘3729(c)(1)’’ and inserting ‘‘3729(c)’’.
(B) Section 3711(k) is amended by striking ‘‘and section
3723 of this title’’ both places it appears.
(C) Section 3727(c) is amended by striking ‘‘funds
established pursuant to sections 3723 and 3724 of this
title, as applicable’’ and inserting ‘‘fund established pursu-
ant to section 3722 of this title’’.
(D) Section 3729 is amended—
(i) in subsection (c)—
(I) by striking ‘‘(c)(1)’’ and inserting ‘‘(c)’’; and
(II) by striking paragraphs (2) and (3); and
(ii) in subsection (a)(1), by striking ‘‘(c)(1)’’ and
inserting ‘‘(c)’’.
(E) Section 3733(a)(6) is amended by striking ‘‘Depart-
ment of Veterans Affairs Loan Guaranty Revolving Fund
established by section 3724(a)’’ and inserting ‘‘Veterans
H. R. 4110—33
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 ‘‘Loan Guaranty Revolving Fund
and the Guaranty and Indemnity Fund’’ in para-
graph (1) and inserting ‘‘Veterans Housing Benefit
Program Fund’’; and
(II) by striking ‘‘funds,’’ in paragraph (2) and
inserting ‘‘fund,’’;
(ii) in subsection (b), by striking ‘‘each fund’’ in
the matter preceding paragraph (1) and inserting ‘‘the
fund’’; and
(iii) in subsection (b)(2)—
(I) by striking subparagraph (B);
(II) by redesignating subparagraphs (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 ‘‘subsections (a)(3) and (c)(2) of section
3729’’ and inserting ‘‘section 3729(a)(3)’’.
(G) Section 3735(a)(3)(A)(i) is amended by striking
‘‘Loan Guaranty Revolving Fund and the Guaranty and
Indemnity Fund’’ and inserting ‘‘Veterans Housing Benefit
Program Fund’’.
(2) OTHER CONFORMING AMENDMENT.—Section 2106(e) is
amended by striking ‘‘, 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
‘‘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 Veterans
Housing Benefit Program Fund and housing pro-
grams’’.
(B) The heading for section 3763 is amended to read as
follows:
‘‘§ 3763. Native American Veteran Housing Loan Program
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 the items relating to sections 3723,
3724, and 3725;
(iii) by striking the item relating to section 3734 and
inserting the following:
‘‘3734. Annual submission of information on the Veterans Housing Benefit Program
Fund and housing programs.’’;
and
H. R. 4110—34
(iv) by striking the item relating to section 3763 and
inserting the following:
‘‘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 SELECTED
RESERVE FOR VETERANS HOUSING LOANS.
(a) EXTENSION.—Section 3702(a)(2)(E) is amended by striking
‘‘October 27, 1999,’’ and inserting ‘‘September 30, 2003,’’.
(b) 
ONE-YEAR
EXTENSION
OF
FEE
PROVISION.—Section
3729(a)(4) is amended—
(1) by striking ‘‘With respect to a loan closed after Septem-
ber 30, 1993, and before October 1, 2002,’’ and inserting ‘‘(A)
With respect to a loan closed during the period specified in
subparagraph (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 Septem-
ber 30, 2002, except that in the case of a loan described in subpara-
graph (D) of paragraph (2), such period ends on September 30,
2003.’’.
SEC. 604. APPLICABILITY OF PROCUREMENT LAW TO CERTAIN
CONTRACTS OF DEPARTMENT OF VETERANS 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 section.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (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 Department of Veter-
ans Affairs Medical Center, Long Beach, California, in an
amount not to exceed $23,200,000.
(2) Construction and seismic work at the Department of
Veterans Affairs Medical Center, San Juan, Puerto Rico, in
an amount not to exceed $50,000,000.
(3) Outpatient clinic expansion at the Department of Veter-
ans Affairs Medical Center, Washington, D.C., in an amount
not to exceed $29,700,000.
(4) Construction of a psychogeriatric care building 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.
H. R. 4110—35
(5) Construction of an ambulatory care addition and renova-
tions for ambulatory care at the Department 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 Sys-
tems Project, in an amount not to exceed $3,000,000, to be
derived only from funds appropriated 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 Depart-
ment of Veterans Affairs Medical Center, Lebanon, Pennsyl-
vania, 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, Flor-
ida, 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 Secretary may
construct a parking structure at the Department 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 Revolving 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 appropriated 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 section 701(a)
may only be carried out using—
(A) funds appropriated for fiscal year 1999 or fiscal year
2000 pursuant to the authorization of appropriations in sub-
section (a);
H. R. 4110—36
(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 category of
activity not specific to a project.
SEC. 704. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
LEASES 
FOR 
PURPOSES 
OF 
CONGRESSIONAL
AUTHORIZATION.
Section 8104(a)(3)(B) is amended by striking ‘‘$300,000’’ and
inserting ‘‘$600,000’’.
SEC. 705. THRESHOLD FOR TREATMENT OF PARKING FACILITY
PROJECT AS A MAJOR MEDICAL FACILITY PROJECT.
Section 8109(i)(2) is amended by striking ‘‘$3,000,000’’ and
inserting ‘‘$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 Department of Veterans Affairs
Medical and Regional Office Center in Honolulu, Hawaii.
(b) REPORT.—Not later than September 15, 1999, the Secretary
shall submit to the Committees on Veterans’ Affairs 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 parking 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 Secretary could
implement in a cost-effective manner the authority of the Sec-
retary under subsection (e) of section 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 employed at a regional
office which is co-located with a medical facility;
(B) to address the applicability of parking fees to per-
sons using parking facilities at Department of Veterans
Affairs medical centers co-located with facilities of the
Department of Defense;
(C) to link any schedule of applicable fees to applicable
commercial rates; and
(D) to achieve any other purpose.
H. R. 4110—37
SEC. 707. MASTER PLAN REGARDING USE OF DEPARTMENT OF VETER-
ANS 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 Department of
Veterans Affairs relating to the use of Department 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 subsection, if such
a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a veterans 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 matters 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 AFFAIRS
MEDICAL CENTER, ASPINWALL, PENNSYLVANIA.
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, docu-
ment, 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 AFFAIRS
MEDICAL CENTER, GAINESVILLE, FLORIDA.
The Department of Veterans Affairs medical center in Gaines-
ville, Florida, is hereby designated as the ‘‘Malcom Randall Depart-
ment 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 ref-
erence to the Malcom Randall Department of Veterans Affairs Medi-
cal Center.
SEC. 710. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
OUTPATIENT CLINIC, COLUMBUS, OHIO.
The Department of Veterans Affairs outpatient clinic in Colum-
bus, Ohio, shall after the date of the enactment of this Act be
known and designated as the ‘‘Chalmers P. Wylie Veterans Out-
patient Clinic’’. Any reference to that outpatient clinic in any law,
regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the Chalmers P.
Wylie Veterans Outpatient Clinic.
H. R. 4110—38
TITLE VIII—HEALTH PROFESSIONALS
EDUCATIONAL ASSISTANCE
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 TRAIN-
ING 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 Program (hereafter in this sub-
chapter referred to as the ‘Program’). The purpose of the Program
is to assist, through the establishment of an incentive program
for individuals employed in the Veterans Health Administration,
in meeting the staffing needs of the Veterans Health Administration
for health professional occupations for which recruitment or reten-
tion 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 described 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 purposes of sub-
section (a), an eligible Department employee is any employee of
the Department who, as of the date on which the employee submits
an application for participation in the Program, has been continu-
ously employed by the Department for not less than 2 years.
‘‘(c) QUALIFYING FIELDS OF EDUCATION OR TRAINING.—A schol-
arship may be awarded under the Program only for education
and training in a field leading to appointment 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 participants in
the Program, may award a scholarship only to applicants who
have a record of employment with the Veterans Health Administra-
tion which, in the judgment of the Secretary, demonstrates a high
likelihood that the applicant will be successful in completing such
education or training and in employment in such field.
‘‘(e) AGREEMENT.—(1) An agreement between the Secretary 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
H. R. 4110—39
pursues a course of education or training described in sub-
section (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 Administration for a period
of time (hereafter in this subchapter 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 participant
was provided a scholarship under the Program, but for not
less than 3 years.
‘‘(C) The participant’s agreement to serve under subpara-
graph (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 pursued by the participant, but in no event to
less than 1 year.
‘‘§ 7673. Scholarship
‘‘(a) SCHOLARSHIP.—A scholarship provided to a participant 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 educational expenses (including fees, books,
and laboratory expenses) 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 1 year;
and
‘‘(2) in the case of a participant in the Program who is
a part-time student, shall be the amount specified 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 number 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 para-
graph (2), a participant in the Program may not receive a scholar-
ship 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 participant in the
Program who is a part-time student to a maximum 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 EDUCATIONAL
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
H. R. 4110—40
(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 pro-
vide service as a full-time employee of the Department for the
period of obligated service provided in the agreement of the partici-
pant entered into under section 7603 of this title. Such service
shall be provided in the full-time clinical practice of such partici-
pant’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 commence-
ment date, the Secretary shall—
‘‘(A) in the case of a participant who is not a full-time
employee in the Veterans Health Administration, appoint the
participant as such an employee; and
‘‘(B) in the case of a participant who is an employee in
the Veterans Health Administration but is not serving in a
position for which the participant’s course of education or train-
ing prepared the participant, assign the participant to such
a position.
‘‘(3)(A) In the case of a participant receiving a degree from
a school of medicine, osteopathy, dentistry, optometry, or podiatry,
the participant’s service commencement date is the date upon which
the participant becomes licensed to practice medicine, osteopathy,
dentistry, optometry, or podiatry, as the case may be, in a State.
‘‘(B) In the case of a participant receiving a degree from a
school of nursing, the participant’s service commencement date
is the later of—
‘‘(i) the participant’s course completion date; or
‘‘(ii) the date upon which the participant becomes licensed
as a registered nurse in a State.
‘‘(C) In the case of a participant not covered by subparagraph
(A) or (B), the participant’s service commencement date is the
later of—
‘‘(i) the participant’s course completion date; or
‘‘(ii) the date the participant meets any applicable licensure
or certification requirements.
‘‘(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 participant’s period of obli-
gated service—
‘‘(A) on the date, after the participant’s course completion
date, on which the participant (in accordance 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
H. R. 4110—41
date, on the date thereafter on which the participant is assigned
to a position for which the participant’s course of training
prepared the participant.
‘‘(2) A participant in the Program who on the participant’s
course completion date is a full-time employee in the Veterans
Health Administration serving in a capacity for which the partici-
pant’s course of training prepared the participant shall be consid-
ered to have begun serving the participant’s period of obligated
service on such course completion 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 participant’s course of education
or training under the Program.
‘‘§ 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 educational 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 damages in the amount of $1,500. Such liability is in
addition to any period of obligated service or other obligation or
liability under the agreement.
‘‘(b) LIABILITY DURING COURSE OF EDUCATION OR TRAINING.—
(1) Except as provided in subsection (d), a participant in the Pro-
gram 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 following occurs:
‘‘(A) The participant fails to maintain an acceptable level
of academic standing in the educational institution in which
the participant is enrolled (as determined by the educational
institution under regulations 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 applicable licensure requirement in the
case of any other health-care personnel who provide either
direct patient-care services or services incident to direct patient-
care services, during a period of time determined under regula-
tions prescribed by the Secretary.
‘‘(E) In the case of a participant who is a part-time student,
the participant fails to maintain employment, while enrolled
in the course of training being pursued by the participant,
as a Department employee.
‘‘(2) Liability under this subsection is in lieu of any service
obligation arising under a participant’s agreement.
‘‘(c) LIABILITY DURING PERIOD
OF OBLIGATED SERVICE.—(1)
Except as provided in subsection (d), if a participant in the Program
breaches the agreement by failing for any reason to complete such
participant’s period of obligated service, the United States shall
H. R. 4110—42
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 entitled 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 participant’s
period of obligated service, including any 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 covered 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 dam-
ages which the United States is entitled to recover under this
section shall be paid to the United States within the 1-year period
beginning on the date of the breach of the agreement.
‘‘§ 7676. Expiration of program
‘‘The Secretary may not furnish scholarships to individuals
who have not commenced participation in the Program before
December 31, 2001.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.
‘‘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 subchapter VI the
following new subchapter:
H. R. 4110—43
‘‘SUBCHAPTER VII—EDUCATION DEBT REDUCTION
PROGRAM
‘‘§ 7681. Authority for program
‘‘(a) IN GENERAL.—(1) As part of the Educational Assistance
Program, the Secretary may carry out an education debt reduction
program under this subchapter. The program shall be known as
the Department of Veterans Affairs Education Debt Reduction Pro-
gram (hereafter in this subchapter referred to as the ‘Education
Debt Reduction 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 Administration for which
recruitment or retention of an adequate supply of qualified person-
nel is difficult.
‘‘(b) RELATIONSHIP TO EDUCATIONAL ASSISTANCE PROGRAM.—
Education debt reduction payments under the Education Debt
Reduction Program may be in addition to other assistance available
to individuals under the Educational Assistance Program.
‘‘§ 7682. Eligibility
‘‘(a) ELIGIBILITY.—An individual is eligible to participate in
the Education Debt Reduction Program if the individual—
‘‘(1) is a recently appointed employee in the Veterans
Health Administration serving under an appointment under
section 7402(b) of this title in a position for which recruitment
or retention of qualified health-care personnel (as determined
by the Secretary) 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 degree that qualified the individual
for the position referred 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 expenses; and
‘‘(3) reasonable living expenses.
‘‘(c) RECENTLY APPOINTED INDIVIDUALS.—For purposes of sub-
section (a), an individual shall be considered to be recently
appointed to a position if the individual has held that position
for less than 6 months.
‘‘§ 7683. Education debt reduction
‘‘(a) IN GENERAL.—Education debt reduction payments 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 paragraph (1).
H. R. 4110—44
‘‘(c) PERFORMANCE REQUIREMENT.—The Secretary may make
education debt reduction payments to a participant in the Education
Debt Reduction Program for a period only if the Secretary deter-
mines that the individual maintained an acceptable level of perform-
ance in the position or positions served by the participant during
the period.
‘‘(d) MAXIMUM ANNUAL AMOUNT.—(1) Subject to paragraph (2),
the amount of education debt reduction payments made to a partici-
pant for a year under the Education Debt Reduction Program
may not exceed—
‘‘(A) $6,000 for the first year of the participant’s participa-
tion in the Program;
‘‘(B) $8,000 for the second year of the participant’s partici-
pation in the Program; and
‘‘(C) $10,000 for the third year of the participant’s participa-
tion 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 reduction pay-
ments to individuals who have not commenced participation 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 following new items:
‘‘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 TUITION 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 ‘‘and’’ at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting 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 provided for
in subchapter VII of this chapter.’’.
(2) Section 7602 is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘subchapter I or II’’ and inserting
‘‘subchapter II, III, or VI’’;
(ii) by striking ‘‘or for which’’ and inserting ‘‘, for
which’’; and
(iii) by inserting before the period at the end the
following: ‘‘, or for which a scholarship may be awarded
H. R. 4110—45
under subchapter VI of this chapter, as the case may
be’’; and
(B) in subsection (b), by striking ‘‘subchapter I or II’’
and inserting ‘‘subchapter II, III, or VI’’.
(3) Section 7603 is amended—
(A) in subsection (a)—
(i) by striking ‘‘To apply to participate in the Edu-
cational Assistance Program,’’ and inserting ‘‘(1) To
apply to participate in the Educational Assistance Pro-
gram 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 Assistance Pro-
gram under subchapter VII of this chapter, an 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 ‘‘subchapter II,
III, or V’’ in paragraphs (1)(A), (2)(D), and (5) and inserting
‘‘subchapter II, III, V, or VI’’.
(5) Section 7632 is amended—
(A) in paragraph (1)—
(i) by striking ‘‘and the Tuition Reimbursement
Program’’ and inserting ‘‘, the Tuition Reimbursement
Program, the Employee Incentive Scholarship Pro-
gram, and the Education Debt Reduction 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
‘‘, per participant’’; and
(ii) by inserting ‘‘, per participant in the Employee
Incentive Scholarship Program, 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 PROVISION.
This title shall be considered to be the authorizing legislation
referred to in the third proviso under the heading ‘‘VETERANS
HEALTH ADMINISTRATION—MEDICAL CARE’’ in title I of the Depart-
ments of Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 1999, and the ref-
erence in that proviso to the ‘‘Primary Care Providers Incentive
Act’’ shall be treated as referring to this title.
H. R. 4110—46
TITLE IX—MISCELLANEOUS MEDICAL
CARE 
AND 
MEDICAL 
ADMINISTRA-
TION PROVISIONS
SEC. 901. EXAMINATIONS AND CARE ASSOCIATED WITH CERTAIN
RADIATION TREATMENT.
(a) IN GENERAL.—Chapter 17 is amended by inserting after
section 1720D the following new section:
‘‘§ 1720E. Nasopharyngeal radium irradiation
‘‘(a) The Secretary may provide any veteran a medical examina-
tion, and hospital care, medical services, and nursing 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 receipt 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 nasopharyngeal 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 conflict; or
‘‘(2) underwent submarine training in active naval service
before January 1, 1965.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 VETER-
ANS FOR SEXUAL TRAUMA.
Section 1720D(a) is amended by striking ‘‘December 31, 1998’’
in paragraphs (1) and (3) and inserting ‘‘December 31, 2001’’.
SEC. 903. MANAGEMENT OF SPECIALIZED TREATMENT AND REHABILI-
TATIVE PROGRAMS.
(a) STANDARDS
OF JOB PERFORMANCE.—Section 1706(b) is
amended—
(1) in paragraph (2), by striking ‘‘April 1, 1997, April 1,
1998, and April 1, 1999’’ and inserting ‘‘April 1, 1999, April
1, 2000, and April 1, 2001’’; and
(2) by adding at the end the following new paragraph:
‘‘(3)(A) To ensure compliance with paragraph (1), the Under
Secretary for Health shall prescribe objective standards 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 paragraph (1). Those job perform-
ance standards shall include measures of workload, allocation of
resources, and quality-of-care indicators.
‘‘(B) Positions described in this subparagraph are positions
in the Veterans Health Administration that have responsibility
for allocating and managing resources applicable to the require-
ments of paragraph (1).
H. R. 4110—47
‘‘(C) The Under Secretary shall develop the job performance
standards under subparagraph (A) in consultation with the Advisory
Committee on Prosthetics and Special Disabilities Programs and
the Committee on Care of Severely Chronically Mentally Ill Veter-
ans.’’.
(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 January 1, 1999.
SEC. 904. AUTHORITY TO USE FOR OPERATING EXPENSES OF DEPART-
MENT 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 subsection (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 estab-
lished under the Department 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 system prepared by
the contractor pursuant to a contract with Systems Flow, Inc.,
that was entered into on May 22, 1998.
(b) MATTERS TO BE INCLUDED.—The report of the Secretary
under subsection (a)(1) shall include the following:
(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 decision not
to adopt any recommendation in the report referred to in sub-
section (a)(2).
(c) UPDATED REPORT.—Not later than February 1, 2000, the
Secretary shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives a report updating
the report submitted under subsection (a)(1).
SEC. 906. ANNUAL REPORT ON PROGRAM AND EXPENDITURES OF
DEPARTMENT OF VETERANS AFFAIRS FOR DOMESTIC
RESPONSE TO WEAPONS OF MASS DESTRUCTION.
(a) IN GENERAL.—Subchapter II of chapter 5 is amended by
adding at the end the following new section:
H. R. 4110—48
‘‘§ 530. Annual report on program and expenditures for
domestic response to weapons of mass destruc-
tion
‘‘(a) The Secretary shall submit to the Committees on Veterans’
Affairs of the Senate and House of Representatives 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 prepara-
tion 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 preparation for a domestic medical
response to an attack involving weapons of mass destruction,
including the anticipated source of those funds and any antici-
pated shortfalls in funds or personnel resources to achieve
the tasks assigned the Department by the President in connec-
tion with preparation for such a response.
‘‘(2) A detailed statement of the funds expended and person-
nel resources (stated in terms of full-time equivalent employees)
used during the fiscal year preceding the fiscal year during
which the report is submitted in preparation for a domestic
medical response to an attack involving weapons of mass
destruction or in response to such an attack, including identi-
fication of the source of those funds and a description of how
those funds were expended.
‘‘(3) A detailed statement of the funds expended and
expected to be expended, and the personnel resources (stated
in terms of full-time equivalent employees) used and expected
to be used, during the fiscal year during which the report
is submitted in preparation for a domestic medical response
to an attack involving weapons of mass destruction or in
response 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.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 weapons
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 appointment to that
position under section 305 of title 38, United States Code, expired
on September 28, 1998.
H. R. 4110—49
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 Department
property
‘‘Except as expressly provided by law, a facility, structure,
or real property of the Department, and a major portion (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 located.’’.
(2) The table of sections at the beginning of such chapter
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’ APPEALS.
(a) REQUIREMENT FOR BOARD MEMBERS TO BE ATTORNEYS.—
Section 7101A(a) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following new paragraph:
‘‘(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 paragraph (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 position at the Board, if the removed
member so requests. If the removed member served in an attorney
position at the Board immediately before appointment to the Board,
appointment 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 appointment
to an attorney position under this paragraph if the Secretary deter-
mines that the member of the Board removed under paragraph
(1) is not qualified for the position.’’.
SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS
BY BOARD OF VETERANS’ APPEALS.
(a) FLEXIBILITY IN ORDER OF CONSIDERATION AND DETERMINA-
TION.—Subsection (a) of section 7107 is amended—
(1) in paragraph (1), by inserting ‘‘in paragraphs (2) and
(3) and’’ after ‘‘Except as provided’’;
H. R. 4110—50
(2) in paragraph (2), by striking the second sentence and
inserting the following: ‘‘Any such motion shall set forth suc-
cinctly the grounds upon which the motion is based. Such
a motion may be granted only—
‘‘(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.’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) A case referred to in paragraph (1) may be postponed
for later consideration and determination if such postponement
is necessary to afford the appellant a hearing.’’.
(b) SCHEDULING OF FIELD HEARINGS.—Subsection (d) of such
section is amended—
(1) in paragraph (2), by striking ‘‘in the order’’ and all
that follows through the end and inserting ‘‘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 paragraph (3) and inserting 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—
‘‘(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 SPECIALISTS.
(a) IN GENERAL.—Section 4103A(a)(1) is amended—
(1) in the first sentence, by striking ‘‘for each 6,900 veterans
residing in such State’’ through the period and inserting ‘‘for
each 7,400 veterans who are between the ages of 20 and 64
residing in such State.’’;
(2) in the third sentence, by striking ‘‘of the Vietnam era’’;
and
(3) by striking the fourth sentence.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to appointments of disabled veterans’ out-
reach 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 as section 1104, and the item
relating to that section in the table of sections at the beginning
of chapter 11 is revised to reflect that redesignation.
(b) OTHER AMENDMENTS TO TITLE 38, UNITED STATES CODE.—
(1) Section 712(a) is amended by striking ‘‘the date of
enactment of this section’’ and inserting ‘‘November 2, 1994,’’.
H. R. 4110—51
(2) Section 1706(b)(1) is amended by striking ‘‘the date
of the enactment of this section’’ at the end of the first sentence
and inserting ‘‘October 9, 1996’’.
(3) Section 1710(e)(2)(A)(ii) is amended by striking ‘‘section
2’’ and inserting ‘‘section 3’’.
(4) Section 1803(c)(2) is amended by striking ‘‘who furnishes
health care that the Secretary determines authorized’’ and
inserting ‘‘furnishing health care services that the Secretary
determines are authorized’’.
(5) Section 2408(d)(1) is amended—
(A) by striking ‘‘the date of the enactment of this
subsection’’ and inserting ‘‘November 21, 1997,’’; and
(B) by striking ‘‘on the condition described in’’ and
inserting ‘‘subject to the condition specified in’’.
(6) Section 3018B(a)(2)(E) is amended by striking ‘‘before
the one-year period beginning on the date of the enactment
of this section,’’ and inserting ‘‘before October 23, 1993,’’.
(7) Section 3231(a)(2) is amended by striking ‘‘subsection
(f )’’ and inserting ‘‘subsection (e)’’.
(8) Section 3674A(b)(1) is amended by striking ‘‘after the
18-month period beginning on the date of the enactment of
this section’’.
(9) Section 3680A(d)(2)(C) is amended by striking ‘‘section’’.
(10) Section 3714(f )(1)(B) is amended by striking ‘‘more
than 45 days after the date of the enactment of the Veterans’
Benefits and Programs Improvement Act of 1988’’ and inserting
‘‘after January 1, 1989’’.
(11) Section 3727(a) is amended by striking ‘‘the date of
enactment of this section’’ and inserting ‘‘May 7, 1968’’.
(12) Section 3730(a) is amended by striking ‘‘Within’’ and
all that follows through ‘‘steps to’’ and inserting ‘‘The Secretary
shall’’.
(13) Section 4102A(e)(1) is amended by striking the second
sentence and inserting the following: ‘‘A person may not be
assigned after October 9, 1996, as such a Regional Adminis-
trator unless the person is a veteran.’’.
(14) Section 4110A is amended—
(A) by striking subsection (b); and
(B) by redesignating paragraph (3) of subsection (a)
as subsection (b) and striking ‘‘paragraph (1)’’ therein and
inserting ‘‘subsection (a)’’.
(15) Section 5303A(d) is amended—
(A) in paragraph (2)(B), by striking ‘‘on or after the
date of the enactment of this subsection’’ and inserting
‘‘after October 13, 1982,’’; and
(B) in paragraph (3)(B)(i), by striking ‘‘on or after the
date of the enactment of this subsection,’’ and inserting
‘‘after October 13, 1982,’’.
(16) Section 5313(d)(1) is amended by striking ‘‘the date
of the enactment of this section,’’ and inserting ‘‘October 7,
1980,’’.
(17) Section 5315(b)(1) is amended by striking ‘‘the date
of the enactment of this section,’’ and inserting ‘‘October 17,
1980,’’.
(18) Section 8107(b)(3)(E) is amended by striking ‘‘section
7305’’ and inserting ‘‘section 7306(f )(1)(A)’’.
H. R. 4110—52
(c) PUBLIC LAW 104–275.—The Veterans’ Benefits Improve-
ments Act of 1996 (Public Law 104–275) is amended as follows:
(1) Section 303(b) (110 Stat. 3332; 38 U.S.C. 4104 note)
is amended by striking ‘‘sections 4104(b)(1) and (c)’’ and insert-
ing ‘‘subsections (b)(1) and (c) of section 4104’’.
(2) Section 705(e) (110 Stat. 3350; 38 U.S.C. 545 note)
is amended by striking ‘‘section 5316’’ and inserting ‘‘section
5315’’.
TITLE XI—COMPENSATION COST-OF-
LIVING ADJUSTMENT
SEC. 1101. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) RATE ADJUSTMENT.—The Secretary of Veterans Affairs shall,
effective on December 1, 1998, increase the dollar amounts in
effect for the payment of disability compensation and dependency
and indemnity compensation by the Secretary, as specified in sub-
section (b).
(b) AMOUNTS TO BE INCREASED.—The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) COMPENSATION.—Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) ADDITIONAL COMPENSATION FOR DEPENDENTS.—Each of
the dollar amounts in effect under section 1115(1) of such
title.
(3) CLOTHING ALLOWANCE.—The dollar amount in effect
under section 1162 of such title.
(4) NEW DIC RATES.—The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) OLD DIC RATES.—Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) ADDITIONAL DIC FOR SURVIVING SPOUSES WITH MINOR
CHILDREN.—The dollar amount in effect under section 1311(b)
of such title.
(7) ADDITIONAL DIC FOR DISABILITY.—The dollar amounts
in effect under sections 1311(c) and 1311(d) of such title.
(8) DIC FOR DEPENDENT CHILDREN.—The dollar amounts
in effect under sections 1313(a) and 1314 of such title.
(c) DETERMINATION
OF INCREASE.—(1) The increase under
subsection (a) shall be made in the dollar amounts specified in
subsection (b) as in effect on November 30, 1998.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage by
which benefit amounts payable under title II of the Social Security
Act (42 U.S.C. 401 et seq.) are increased effective December 1,
1998, as a result of a determination under section 215(i) of such
Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the next
lower whole dollar amount.
(d) SPECIAL RULE.—The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates
of disability compensation payable to persons within the purview
of section 10 of Public Law 85–857 (72 Stat. 1263) who are not
H. R. 4110—53
in receipt of compensation payable pursuant to chapter 11 of title
38, United States Code.
SEC. 1102. PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section 215(i)(2)(D)
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required
to be published by reason of a determination made under section
215(i) of such Act during fiscal year 1998, the Secretary of Veterans
Affairs shall publish in the Federal Register the amounts specified
in subsection (b) of section 1101, as increased pursuant to that
section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.