H. Res. 592
In the House of Representatives, U.S.,
October 10, 1998.
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker’s
table the bill H.R. 4110, with the amendment of the Senate
thereto, and to have concurred in the amendment of the Sen-
ate with the following amendments:
(1) Amend the title so as to read: ‘‘An Act to
amend title 38, United States Code, to improve benefits
and services provided to Persian Gulf War veterans, to
provide a cost-of-living adjustment in rates of compensa-
tion paid to veterans with service-connected disabilities,
to enhance programs providing health care, compensa-
tion, education, insurance, and other benefits for veter-
ans, and for other purposes.
(2) In lieu of the matter proposed to be inserted by
the amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Veterans Programs Enhancement Act of 1998’’.
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(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States code.
TITLE I—PROVISIONS RELATING TO VETERANS OF PERSIAN
GULF WAR AND FUTURE CONFLICTS
Sec. 101. Agreement with National Academy of Sciences regarding evaluation
of health consequences of service in Southwest Asia during the
Persian Gulf War.
Sec. 102. Health care for veterans of Persian Gulf War and future conflicts.
Sec. 103. National center on war-related illnesses and post-deployment health
issues.
Sec. 104. Coordination of activities.
Sec. 105. Improving effectiveness of care of Persian Gulf War veterans.
Sec. 106. Contract for independent recommendations on research and for devel-
opment of curriculum on care of Persian Gulf War veterans.
Sec. 107. Extension and improvement of evaluation of health status of spouses
and children of Persian Gulf War veterans.
TITLE II—EDUCATION AND EMPLOYMENT
Subtitle A—Education Matters
Sec. 201. Calculation of reporting fee based on total veteran enrollment during
a calendar year.
Sec. 202. Election of advance payment of work-study allowance.
Sec. 203. Alternative to twelve semester hour equivalency requirement.
Sec. 204. Medical evidence for flight training requirements.
Sec. 205. Waiver of wage increase and minimum payment rate requirements for
government job training program approval.
Sec. 206. Expansion of education outreach services.
Sec. 207. Information on minimum requirements for education benefits for
members of the Armed Forces discharged early from duty for
the convenience of the Government.
Subtitle B—Uniformed Services Employment and Reemployment Rights Act
Amendments
Sec. 211. Enforcement of rights with respect to a State as an employer.
Sec. 212. Protection of extraterritorial employment and reemployment rights of
members of the uniformed services.
Sec. 213. Complaints relating to reemployment of members of the uniformed
services in Federal service.
TITLE III—COMPENSATION, PENSION, AND INSURANCE
Sec. 301. Medal of Honor special pension.
Sec. 302. Accelerated death benefit for Servicemembers’ Group Life Insurance
and Veterans’ Group Life Insurance participants.
Sec. 303. Assessment of effectiveness of insurance and survivor benefits pro-
grams for survivors of veterans with service-connected disabil-
ities.
Sec. 304. National Service Life Insurance program.
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TITLE IV—MEMORIAL AFFAIRS
Sec. 401. Commemoration of individuals whose remains are unavailable for in-
terment.
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 vet-
erans.
Sec. 602. Veterans housing benefit program fund account consolidation.
Sec. 603. Extension of eligibility of members of Selected Reserve for veterans
housing loans.
Sec. 604. Applicability of procurement law to certain contracts of department
of veterans affairs.
TITLE VII—CONSTRUCTION AND FACILITIES MATTERS
Sec. 701. Authorization of major medical facility projects.
Sec. 702. Authorization of major medical facility leases.
Sec. 703. Authorization of appropriations.
Sec. 704. Increase in threshold for major medical facility leases for purposes of
congressional authorization.
Sec. 705. Threshold for treatment of parking facility project as a major medical
facility project.
Sec. 706. Parking fees.
Sec. 707. Master plan regarding use of Department of Veterans Affairs lands
at West Los Angeles Medical Center, California.
Sec. 708. Designation of Department of Veterans Affairs Medical Center,
Aspinwall, Pennsylvania.
Sec. 709. Designation of Department of Veterans Affairs Medical Center,
Gainesville, Florida.
Sec. 710. Designation of Department of Veterans Affairs outpatient clinic, Co-
lumbus, Ohio.
TITLE VIII—HEALTH PROFESSIONALS EDUCATIONAL
ASSISTANCE
Sec. 801. Short title.
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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 Administra-
tion health professionals.
Sec. 804. Repeal of prohibition on payment of tuition loans.
Sec. 805. Conforming amendments.
Sec. 806. Coordination with appropriations provision.
TITLE IX—MISCELLANEOUS MEDICAL CARE AND MEDICAL
ADMINISTRATION PROVISIONS
Sec. 901. Examinations and care associated with certain radiation treatment.
Sec. 902. Extension of authority to counsel and treat veterans for sexual trau-
ma.
Sec. 903. Management of specialized treatment and rehabilitative programs.
Sec. 904. Authority to use for operating expenses of Department of Veterans
Affairs medical facilities amounts available by reason of the
limitation on pension for veterans receiving nursing home care.
Sec. 905. Report on nurse locality pay.
Sec. 906. Annual report on program and expenditures of Department of Veter-
ans Affairs for domestic response to weapons of mass destruc-
tion.
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 Veter-
ans’ Appeals.
Sec. 1004. Disabled veterans outreach program specialists.
Sec. 1005. Technical amendments.
TITLE XI—COMPENSATION COST-OF-LIVING ADJUSTMENT
Sec. 1101. Increase in rates of disability compensation and dependency and in-
demnity compensation.
Sec. 1102. Publication of adjusted rates.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
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TITLE I—PROVISIONS RELATING
TO VETERANS OF PERSIAN
GULF WAR AND FUTURE CON-
FLICTS
SEC. 101. AGREEMENT WITH NATIONAL ACADEMY OF
SCIENCES 
REGARDING 
EVALUATION 
OF
HEALTH CONSEQUENCES OF SERVICE IN
SOUTHWEST ASIA DURING THE PERSIAN
GULF WAR.
(a) PURPOSE.—The purpose of this section is to pro-
vide for the National Academy of Sciences, an independent
nonprofit scientific organization with appropriate expertise
which is not a part of the Federal Government, to review
and evaluate the available scientific evidence regarding as-
sociations between illness and service in the Persian Gulf
War.
(b) AGREEMENT.—(1) The Secretary of Veterans Af-
fairs shall seek to enter into an agreement with the Na-
tional 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 two
months after the date of the enactment of this Act.
(2)(A) If the Secretary is unable within the time pe-
riod set forth in paragraph (1) to enter into an agreement
with the Academy for the purposes of this section on terms
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acceptable to the Secretary, the Secretary shall seek to
enter into an agreement for purposes of this section with
another appropriate scientific organization that is not part
of the Government, operates as a not-for-profit entity, and
has 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 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 Acad-
emy of Sciences shall conduct a comprehensive review and
evaluation of the available scientific and medical informa-
tion regarding the health status of Gulf War veterans and
the health consequences of exposures to risk factors dur-
ing 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 mem-
bers of the Armed Forces who served in the South-
west Asia theater of operations during the Persian
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(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 pes-
ticides:
(i) Chlorpyrifos.
(ii) Diazinon.
(iii) Dichlorvos.
(iv) Malathion.
(B) The following carbamate pesticides:
(i) Proxpur.
(ii) Carbaryl.
(iii) Methomyl.
(C) The carbamate pyridostigmine bromide
used as nerve agent prophylaxis.
(D) The following chlorinated hydrocarbons and
other pesticides and repellents:
(i) Lindane.
(ii) Pyrethrins.
(iii) Permethrins.
(iv) Rodenticides (bait).
(v) Repellent (DEET).
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(E) The following low-level nerve agents and
precursor compounds at exposure levels below those
which produce immediately apparent incapacitating
symptoms:
(i) Sarin.
(ii) Tabun.
(F) The following synthetic chemical com-
pounds:
(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.
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(I) Diseases endemic to the region (including
the following):
(i) Leishmaniasis.
(ii) Sandfly fever.
(iii) Pathogenic escherichia coli.
(iv) Shigellosis.
(J) Time compressed administration of multiple
live, ‘attenuated’, and toxoid vaccines.
(2) The consideration of agents, hazards, and medi-
cines and vaccines under paragraph (1) shall not preclude
the Academy from identifying other agents, hazards, or
medicines or vaccines to which members of the Armed
Forces may have been exposed for purposes of any report
under subsection (h).
(3) Not later than six months after entry into the
agreement under subsection (b), the Academy shall submit
to the Committees on Veterans’ Affairs of the Senate and
the House of Representatives a report specifying the
agents, hazards, and medicines and vaccines considered
under paragraph (1).
(e) SCIENTIFIC DETERMINATIONS CONCERNING ILL-
NESSES.—(1) For each illness identified under subpara-
graph (B) or (C) of subsection (c)(1), the National Acad-
emy of Sciences shall determine (to the extent available
scientific evidence permits) whether there is scientific evi-
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dence of an association of that illness with Gulf War serv-
ice or exposure during Gulf War service to one or more
agents, hazards, or medicines or vaccines. In making those
determinations, the Academy shall consider—
(A) the strength of scientific evidence, the
replicability of results, the statistical significance of
results, and the appropriateness of the scientific
methods used to detect the association;
(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;
(C) the increased risk of the illness among
human or animal populations exposed to the agent,
hazard, or medicine or vaccine;
(D) whether a plausible biological mechanism or
other evidence of a causal relationship exists between
exposure to the agent, hazard, or medicine or vac-
cine and the illness;
(E) in any case where information about expo-
sure levels is available, whether the evidence indi-
cates that the levels of exposure of the studied popu-
lations were of the same magnitude as the estimated
likely exposures of Gulf War veterans; and
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(F) whether there is an increased risk of illness
among Gulf War veterans in comparison with appro-
priate peer groups.
(2) The Academy shall include in its reports under
subsection (h) a full discussion of the scientific evidence
and reasoning that led to its conclusions under this sub-
section.
(f) RECOMMENDATIONS
FOR
ADDITIONAL
SCI-
ENTIFIC STUDIES.—(1) Under the agreement under sub-
section (b), the National Academy of Sciences shall make
any recommendations that it considers appropriate for ad-
ditional scientific studies (including studies relating to
treatment models) to resolve areas of continuing scientific
uncertainty relating to the health consequences of service
in the Persian Gulf War or exposure to toxic agents, envi-
ronmental or wartime hazards, or preventive medicines or
vaccines associated with Gulf War service.
(2) In making recommendations for additional stud-
ies, 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 agree-
ment under subsection (b), the National Academy of
Sciences shall conduct on a periodic and ongoing basis ad-
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ditional reviews of the evidence and data relating to its
activities under this section.
(2) As part of each review under this subsection, the
Academy shall—
(A) conduct as comprehensive a review as is
practicable of the information referred to in sub-
section (c), the evidence referred to in subsection (e),
and the data referred to in subsection (f) that be-
came available since the last review of such informa-
tion, 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 pre-
viously conducted for purposes of this section.
(h) REPORTS BY ACADEMY.—(1) Under the agree-
ment under subsection (b), the National Academy of
Sciences shall submit to the Committees on Veterans’ Af-
fairs of the Senate and the House of Representatives and
the Secretary of Veterans Affairs periodic written reports
regarding the Academy’s activities under the agreement.
(2) The first report under paragraph (1) shall be sub-
mitted not later than two years after entry into the agree-
ment under subsection (b). That report shall include—
(A) the determinations and discussion referred
to in subsection (e); and
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(B) any recommendations of the Academy
under subsection (f).
(3) Reports shall be submitted under this subsection
at least once every two years, as measured from the date
of the report under paragraph (2).
(4) In any report under this subsection (other than
the report under paragraph (2)), the Academy may specify
an absence of meaningful developments in the scientific
or medical community with respect to the activities of the
Academy under this section during the two-year period
ending on the date of such report.
(i) REPORTS
BY SECRETARY.—(1) The Secretary
shall review each report from the Academy under sub-
section (h). As part of such review, the Secretary shall
seek comments on, and evaluation of, the Academy’s re-
port from the heads of other affected departments and
agencies of the United States.
(2) Based upon a review under paragraph (1), the
Secretary shall submit to the Committees on Veterans’ Af-
fairs of the Senate and the House of Representatives a
report on the available scientific and medical information
regarding the health consequences of Persian Gulf War
service and of exposures to risk factors during service in
the Persian Gulf War. The Secretary shall include in the
report the Secretary’s recommendations as to whether
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there is sufficient evidence to warrant a presumption of
service-connection for the occurrence of a specified condi-
tion in Gulf War veterans. In determining whether to
make such a recommendation, the Secretary shall consider
the matters specified in subparagraphs (A) through (F)
of subsection (e)(1).
(3) The report under this subsection shall be submit-
ted 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, environmental or wartime hazard, or preventive
medicine or vaccine associated with Gulf War service’’
means a biological, chemical, or other toxic agent, environ-
mental or wartime hazard, or preventive medicine or vac-
cine that is known or presumed to be associated with serv-
ice 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 sus-
tained exposure and whether such association arises
through exposure singularly or in combination.
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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 oper-
ations (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 enact-
ment of this subparagraph, is eligible for hospital care,
medical services, and nursing home care under subsection
(a)(2)(F) for any illness, notwithstanding that there is in-
sufficient medical evidence to conclude that such condition
is attributable to such service.’’;
(2) in paragraph (2)(B), by inserting ‘‘or
(1)(D)’’ after ‘‘paragraph (1)(C)’’;
(3) in paragraph (3)—
(A) by striking out ‘‘and’’ at the end of
subparagraph (A);
(B) by striking out ‘‘December 31, 1998.’’
in subparagraph (B) and inserting in lieu there-
of ‘‘December 31, 2001; and’’; and
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(C) by adding at the end the following new
subparagraph:
‘‘(C) in the case of care for a veteran described
in paragraph (1)(D), after a period of two years be-
ginning on the date of the veteran’s discharge or re-
lease 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 veter-
ans using the authority provided in paragraph (1)(D), the
Secretary shall establish a system for collection and analy-
sis 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 pro-
viding care under such authority, the Secretary shall sub-
mit to Congress a report on the experience under that au-
thority. The Secretary shall include in the report any rec-
ommendations of the Secretary for extension of that au-
thority.’’.
(b) IMPLEMENTATION REPORT.—Not later than Oc-
tober 1, 1999, the Secretary of Veterans Affairs shall sub-
mit 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 collec-
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tion 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 devel-
oping a plan for the establishment of a national center
or national centers for the study of war-related illnesses
and post-deployment health issues. The purposes of such
a center may include—
(1) carrying out and promoting research re-
garding the etiologies, diagnosis, treatment, and pre-
vention of war-related illnesses and post-deployment
health issues; and
(2) promoting the development of appropriate
health policies, including monitoring, medical record-
keeping, risk communication, and use of new tech-
nologies.
(b) RECOMMENDATIONS AND REPORT.—With respect
to such a center, an agreement under this section shall
provide for the Academy (or other entity) to—
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(1) make recommendations regarding (A) de-
sign of an organizational structure or structures,
operational scope, staffing and resource needs, es-
tablishment of appropriate databases, the advan-
tages of single or multiple sites, mechanisms for im-
plementing recommendations on policy, and relation-
ship to academic or scientific entities, (B) the role
or roles that relevant Federal departments and
agencies should have in the establishment and oper-
ation 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 one year
after the date of the enactment of this Act, on its
recommendations.
(c) REPORT ON ESTABLISHMENT OF NATIONAL CEN-
TER.—Not later than 60 days after receiving the report
under subsection (b), the Secretaries specified in sub-
section (b)(2) shall submit to the Committees on Veterans’
Affairs and Armed Services of the Senate and the Com-
mittees on Veterans’ Affairs and Natoinal Security of the
House of Representatives a joint report on the findings
and recommendations contained in that report. Such re-
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port 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 sub-
mission of such report until the end of a 90-day period
following the date of the submission.
SEC. 104. COORDINATION OF ACTIVITIES.
Section 707 of the Persian Gulf War Veterans’
Health Status Act (title VII of Public Law 102–585; 38
U.S.C. 527 note) is amended—
(1) in the heading, by striking out ‘‘GOVERN-
MENT
ACTIVITIES
ON
HEALTH-RELATED
RE-
SEARCH’’ and inserting the following: ‘‘HEALTH-
RELATED GOVERNMENT ACTIVITIES’’;
(2) in subsection (a), by striking out ‘‘re-
search’’; and
(3) by striking out subsection (b) and inserting
in lieu thereof the following:
‘‘(b) PUBLIC ADVISORY COMMITTEE.—Not later than
January 1, 1999, the head of the department or agency
designated under subsection (a) shall establish an advisory
committee consisting of members of the general public, in-
cluding Persian Gulf War veterans and representatives of
such veterans, to provide advice to the head of that depart-
ment or agency on proposed research studies, research
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plans, or research strategies relating to the health con-
sequences of military service in the Southwest Asia theater
of operations during the Persian Gulf War. The depart-
ment or agency head shall consult with such advisory com-
mittee 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 Representa-
tives 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 De-
partment of Veterans Affairs entitled ‘VA National Survey
of Persian Gulf Veterans—Phase III’, the head of the de-
partment or agency designated under subsection (a) shall
submit to the congressional committees specified in para-
graph (1) a report on the findings under that study and
any other pertinent medical literature.
‘‘(B) With respect to any findings of that study and
any other pertinent medical literature which identify sci-
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entific evidence of a greater relative risk of illness or ill-
nesses in family members of veterans who served in the
Persian Gulf War theater of operations 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 FIND-
INGS.—The head of the department or agency designated
under subsection (a) shall ensure that the findings of all
research conducted by or for the executive branch relating
to the health consequences of military service in the Per-
sian Gulf theater of operations during the Persian Gulf
War (including information pertinent to improving provi-
sion of care for veterans of such service) are made avail-
able 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 Southwest Asia theater of oper-
ations during the Persian Gulf War relating to (1) the
health risks, if any, resulting from any risk factors associ-
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ated with such service, and (2) any services or benefits
available with respect to such health risks.’’.
SEC. 105. IMPROVING EFFECTIVENESS OF CARE OF PER-
SIAN GULF WAR VETERANS.
(a) ASSESSMENT
BY
NATIONAL
ACADEMY
OF
SCIENCES.—Not later than April 1, 1999, the Secretary
of Veterans Affairs shall enter into a contract with the
National Academy of Sciences to review the available sci-
entific data in order to—
(1) assess whether a methodology could be used
by the Department of Veterans Affairs for determin-
ing the efficacy of treatments furnished to, and
health outcomes (including functional status) of,
Persian Gulf War veterans who have been treated
for illnesses which may be associated with their serv-
ice 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 warrant such review, empiri-
cally valid models of treatment for such illness which
employ successful treatment modalities for popu-
lations with similar symptoms.
(b) ACTION ON REPORT.—(1) After receiving the
final report of the National Academy of Sciences under
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subsection (a), the Secretary shall, if a reasonable and sci-
entifically feasible methodology is identified by the Acad-
emy, 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 Representa-
tives a report on the implementation of paragraph (1).
(3) The Secretary shall carry out paragraphs (1) and
(2) not later than 180 days after receiving the final report
of the National Academy of Sciences under subsection (a).
SEC. 106. CONTRACT FOR INDEPENDENT RECOMMENDA-
TIONS ON RESEARCH AND FOR DEVELOP-
MENT OF CURRICULUM ON CARE OF PER-
SIAN 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 fur-
ther understanding of the health consequences of military
service in the Persian Gulf theater of operations during
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the Persian Gulf War and of new research findings with
implications for improving the provision of care for veter-
ans of such service, the Secretary of Veterans Affairs and
the Secretary of Defense shall seek to enter into an agree-
ment 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 treatment of veterans of such service who
have ill-defined or undiagnosed illnesses for use in
the continuing medical education 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 re-
lating to the health consequences of military service
in the Persian Gulf theater of operations during the
Persian Gulf War.
‘‘(2) Recommendations to be provided under para-
graph (1)(B) include any recommendations that the Acad-
emy considers appropriate for additional scientific studies
(including studies related to treatment models) to resolve
areas of continuing scientific uncertainty relating to the
health consequences of any aspects of such military serv-
ice. In making recommendations for additional studies, the
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Academy shall consider the available scientific data, the
value and relevance of the information that could result
from such studies, and the cost and feasibility of carrying
out such studies.
‘‘(3) Not later than nine months after the Institute
of Medicine provides the Secretaries the curriculum devel-
oped under paragraph (1)(A), the Secretaries shall provide
for the conduct of continuing education programs using
that curriculum. Those programs shall include instruction
which seeks to emphasize use of appropriate protocols of
diagnosis, referral, and treatment of such veterans.’’.
SEC. 107. EXTENSION AND IMPROVEMENT OF EVALUATION
OF HEALTH STATUS OF SPOUSES AND CHIL-
DREN OF PERSIAN GULF WAR VETERANS.
(a) ONE-YEAR EXTENSION.—Subsection (b) of sec-
tion 107 of the Persian Gulf War Veterans’ Benefits Act
(title I of Public Law 103–446; 38 U.S.C. 1117 note) is
amended by striking out ‘‘December 31, 1998’’ and insert-
ing in lieu thereof ‘‘December 31, 1999’’.
(b) TERMINATION OF CERTAIN TESTING AND EVAL-
UATION REQUIREMENTS.—Subsection (a) of such section
is amended—
(1) by striking out ‘‘the’’ after ‘‘Secretary of’’;
(2) by striking out ‘‘study’’ both places it ap-
pears and inserting in lieu thereof ‘‘program’’; and
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(3) by striking out the sentence following para-
graph (3).
(c) ENHANCED FLEXIBILITY IN EXAMINATIONS.—
Subsection (d) of such section is amended—
(1) by striking out ‘‘shall’’ and inserting in lieu
thereof ‘‘may’’; and
(2) by inserting ‘‘, including fee arrangements
described in section 1703 of title 38, United States
Code’’ after ‘‘arrangements’’.
(d) OUTREACH.—Subsection (g) of such section is
amended—
(1) by striking out ‘‘to ensure’’ and all that fol-
lows through the period at the end of paragraph (2)
and inserting in lieu thereof ‘‘for the purposes of the
program.’’; and
(2) by adding at the end the following new sen-
tence: ‘‘In conducting such outreach activities, the
Secretary shall advise that medical treatment is not
available under the program.’’.
(e) REPORT TO CONGRESS.—Subsection (i) of such
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 Representa-
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tives a report on activities with respect to the program,
including the provision of services under subsection (d).’’.
TITLE II—EDUCATION AND
EMPLOYMENT
Subtitle A—Education Matters
SEC. 201. CALCULATION OF REPORTING FEE BASED ON
TOTAL VETERAN ENROLLMENT DURING A
CALENDAR YEAR.
(a) IN GENERAL.—The second sentence of section
3684(c) is amended by striking out ‘‘on October 31’’ and
all that follows through the period and inserting in lieu
thereof ‘‘during the calender year.’’.
(b) FUNDING.—Section 3684(c), as amended by sub-
section (a), is further amended by adding at the end the
following new sentence: ‘‘The reporting fee payable under
this subsection shall be paid from amounts appropriated
for readjustment benefits.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to calendar years be-
ginning after December 31, 1998.
SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK-
STUDY ALLOWANCE.
(a) IN GENERAL.—The third sentence of section
3485(a)(1) is amended by striking out ‘‘An individual
shall be paid in advance’’ and inserting in lieu thereof ‘‘An
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individual may elect, in a manner prescribed by the Sec-
retary, to be paid in advance’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to agreements en-
tered into under section 3485 of title 38, United States
Code, on or after January 1, 1999.
SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR
EQUIVALENCY REQUIREMENT.
(a) IN GENERAL.—The following sections of chapter
30 are each amended by striking out ‘‘successfully com-
pleted’’ each place it appears and inserting in lieu thereof
‘‘successfully completed (or otherwise received academic
credit 
for)’’: 
sections 
3011(a)(2), 
3012(a)(2),
3018(b)(4)(ii), 
3018A(a)(2), 
3018B(a)(1)(B),
3018B(a)(2)(B), and 3018C(a)(3).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on October 1, 1998.
SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING RE-
QUIREMENTS.
(a) TITLE 38, UNITED STATES CODE.—Sections
3034(d)(2) and 3241(b)(2) are each amended—
(1) by striking out ‘‘pilot’s license’’ each place
it appears and inserting in lieu thereof ‘‘pilot certifi-
cate’’; and
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(2) by inserting ‘‘, on the day the individual be-
gins a course of flight training,’’ after ‘‘meets’’.
(b) TITLE 10, UNITED STATES CODE.—Section
16136(c)(2) of title 10, United States Code, is amended—
(1) by striking out ‘‘pilot’s license’’ each place
it appears and inserting in lieu thereof ‘‘pilot certifi-
cate’’; and
(2) by inserting ‘‘, on the day the individual be-
gins a course of flight training,’’ after ‘‘meets’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to courses of flight
training beginning on or after October 1, 1998.
SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAY-
MENT RATE REQUIREMENTS FOR GOVERN-
MENT JOB TRAINING PROGRAM APPROVAL.
(a) IN GENERAL.—Section 3677(b) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) in subparagraph (A), as so redesignated, by
striking out ‘‘(A)’’ and ‘‘(B)’’ and inserting in lieu
thereof ‘‘(i)’’ and ‘‘(ii)’’, respectively; and
(4) by adding at the end the following new
paragraph:
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‘‘(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 gov-
ernment.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to approval of pro-
grams 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 SERV-
ICES.
(a) EXPANSION OF EDUCATION OUTREACH SERV-
ICES TO MEMBERS OF THE ARMED FORCES.—Section
3034 is amended by adding at the end the following new
subsection:
‘‘(e)(1) In the case of a member of the Armed Forces
who participates in basic educational assistance under this
chapter, the Secretary shall furnish the information de-
scribed in paragraph (2) to each such member. The Sec-
retary shall furnish such information as soon as prac-
ticable 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, pro-
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cedures, eligibility requirements (including time-in-service
requirements), and other important aspects of the basic
educational assistance program under this chapter, includ-
ing application forms for such basic educational assistance
under section 5102 of this title.
‘‘(3) The Secretary shall furnish the forms described
in paragraph (2) and other educational materials to edu-
cational institutions, training establishments, and military
education personnel, as the Secretary determines appro-
priate.
‘‘(4) The Secretary shall use amounts appropriated
for readjustment benefits to carry out this subsection and
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.
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SEC. 207. INFORMATION ON MINIMUM REQUIREMENTS FOR
EDUCATION BENEFITS FOR MEMBERS OF
THE ARMED FORCES DISCHARGED EARLY
FROM DUTY FOR THE CONVENIENCE OF THE
GOVERNMENT.
(a) ACTIVE
DUTY
PROGRAM.—Section 3011 is
amended by adding at the end the following new sub-
section:
‘‘(i) The Secretary concerned shall inform any mem-
ber of the Armed Forces who has not completed that mem-
ber’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 conven-
ience of the Government of the minimum active duty re-
quirements for entitlement to educational assistance bene-
fits under this chapter. Such information shall be provided
to the member in a timely manner.’’.
(b) RESERVE PROGRAM.—Section 3012 is amended
by adding at the end the following new subsection:
‘‘(g)(1) The Secretary concerned shall inform any
member of the Armed Forces who has not completed that
member’s initial service (as described in paragraph (2))
and who indicates the intent to be discharged or released
from such service for the convenience of the Government
of the minimum service requirements for entitlement to
educational assistance benefits under this chapter. Such
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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 sub-
paragraphs (A)(ii) or (B)(ii) of subsection (a)(1)).’’.
(c) REPORT TO CONGRESS.—Section 3036(b)(1) is
amended—
(1) by striking out ‘‘and (B)’’ and inserting in
lieu thereof ‘‘(B)’’; and
(2) by inserting before the semicolon the follow-
ing: ‘‘, and (C) describing the efforts under sections
3011(i) and 3012(g) of this title to inform members
of the Armed Forces of the minimum service re-
quirements for entitlement to educational assistance
benefits under this chapter and the results from
such efforts’’.
(d) EFFECTIVE DATES.—(1) The amendments made
by subsections (a) and (b) shall take effect 120 days after
the date of the enactment of this Act.
(2) The amendments made by subsection (c) shall
apply with respect to reports to Congress submitted by
the Secretary of Defense under section 3036 of title 38,
United States Code, on or after January 1, 2000.
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Subtitle 
B—Uniformed 
Services
Employment 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 re-
ceives from the Secretary a notification pursuant to sec-
tion 4322(e) of this title of an unsuccessful effort to re-
solve a complaint relating to a State (as an employer) or
a private employer may request that the Secretary refer
the complaint to the Attorney General. If the Attorney
General is 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.
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‘‘(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 Sec-
retary refer the complaint to the Attorney General
under paragraph (1); or
‘‘(C) has been refused representation by the At-
torney General with respect to the complaint under
such paragraph.
‘‘(b) JURISDICTION.—(1) In the case of an action
against a State (as an employer) or a private employer
commenced by the United States, the district courts of
the United States shall have jurisdiction over the action.
‘‘(2) In the case of an action against a State (as an
employer) by a person, the action may be brought in a
State court of competent jurisdiction in accordance with
the laws of the State.
‘‘(3) In the case of an action against a private em-
ployer by a person, the district courts of the United States
shall have jurisdiction of the action.
‘‘(c) VENUE.—(1) In the case of an action by the
United States against a State (as an employer), the action
may proceed in the United States district court for any
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district in which the State exercises any authority or car-
ries out any function.
‘‘(2) In the case of an action against a private em-
ployer, the action may proceed in the United States dis-
trict 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 sec-
tion, the court may award relief as follows:
‘‘(A) The court may require the employer to
comply with the provisions of this chapter.
‘‘(B) The court may require the employer to
compensate the person for any loss of wages or ben-
efits 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 re-
ferred to in subparagraph (B) as liquidated dam-
ages, if the court determines that the employer’s
failure to comply with the provisions of this chapter
was willful.
‘‘(2)(A) Any compensation awarded under subpara-
graph (B) or (C) of paragraph (1) shall be in addition
to, and shall not diminish, any of the other rights and
benefits provided for under this chapter.
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‘‘(B) In the case of an action commenced in the name
of the United States for which the relief includes com-
pensation awarded under subparagraph (B) or (C) of
paragraph (1), such compensation shall be held in a spe-
cial deposit account and shall be paid, on order of the At-
torney General, directly to the person. If the compensation
is not paid to the person because of inability to do so with-
in a period of three years, the compensation shall be cov-
ered into the Treasury of the United States as miscellane-
ous 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 injunc-
tions, temporary restraining orders, and contempt orders,
to vindicate fully the rights or benefits of persons under
this chapter.
‘‘(f) STANDING.—An action under this chapter may
be initiated only by a person claiming rights or benefits
under this chapter under subsection (a) or by the United
States under subsection (a)(1).
‘‘(g) RESPONDENT.—In any action under this chap-
ter, only an employer or a potential employer, as the case
may be, shall be a necessary party respondent.
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‘‘(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 provi-
sion of this chapter by a person under subsection (a)(2)
who obtained private counsel for such action or proceed-
ing, the court may award any such person who prevails
in such action or proceeding reasonable attorney fees, ex-
pert witness fees, and other litigation expenses.
‘‘(i) INAPPLICABILITY OF STATE STATUTE OF LIMI-
TATIONS.—No State statute of limitations shall apply to
any proceeding under this chapter.
‘‘(j) DEFINITION.—In this section, the term ‘private
employer’ includes a political subdivision of a State.’’.
(b) EFFECTIVE DATE.—(1) Section 4323 of title 38,
United States Code, as amended by subsection (a), shall
apply to actions commenced under chapter 43 of such title
on or after the date of the enactment of this Act, and
shall apply to actions commenced under such chapter be-
fore 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
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Attorney General under section 4323(a)(1) of such title
as in effect on such day, the court shall upon motion of
the Attorney General, substitute the United States as the
plaintiff in the action pursuant to such section as amended
by subsection (a).
SEC. 212. PROTECTION OF EXTRATERRITORIAL EMPLOY-
MENT AND REEMPLOYMENT RIGHTS OF MEM-
BERS OF THE UNIFORMED SERVICES.
(a) DEFINITION OF EMPLOYEE.—Section 4303(3) is
amended by adding at the end the following new sentence:
‘‘Such term includes any person who is a citizen, national,
or permanent resident alien of the United States employed
in a workplace in a foreign country by an employer that
is an entity incorporated or otherwise organized in the
United States or that is controlled by an entity organized
in the United States, within the meaning of section
4319(c) of this title.’’.
(b) FOREIGN COUNTRIES.—(1) Subchapter II of
chapter 43 is amended by inserting after section 4318 the
following new section:
‘‘§ 4319. Employment and reemployment rights in for-
eign countries
‘‘(a) LIABILITY OF CONTROLLING UNITED STATES
EMPLOYER OF FOREIGN ENTITY.—If an employer con-
trols an entity that is incorporated or otherwise organized
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in a foreign country, any denial of employment, reemploy-
ment, 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
EM-
PLOYER.—For the purpose of this section, the determina-
tion of whether an employer controls an entity shall be
based upon the interrelations of operations, common man-
agement, centralized control of labor relations, and com-
mon ownership or financial control of the employer and
the entity.
‘‘(d) EXEMPTION.—Notwithstanding any other provi-
sion of this subchapter, an employer, or an entity con-
trolled 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 lo-
cated.’’.
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(2) The table of sections at the beginning of chapter
43 is amended by inserting after the item relating to sec-
tion 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 ac-
tion arising after the date of the enactment of this Act.
SEC. 213. COMPLAINTS RELATING TO REEMPLOYMENT OF
MEMBERS OF THE UNIFORMED SERVICES IN
FEDERAL SERVICE.
(a) IN GENERAL.—The first sentence of paragraph
(1) of section 4324(c) is amended by inserting before the
period at the end the following: ‘‘, without regard as to
whether the complaint accrued before, on, or after October
13, 1994’’.
(b) EFFECTIVE DATE.—The amendment made by
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 strik-
ing out ‘‘$400’’ and inserting in lieu thereof ‘‘$600’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the first day of the first
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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 medi-
cal prognosis such that the life expectancy of the person
is less than a period prescribed by the Secretary. The max-
imum 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 nec-
essary 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
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amount of the benefit exceed the amount equal to 50 per-
cent 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 maxi-
mum amount prescribed under paragraph (2). The Sec-
retary shall prescribe the increments in which a reduced
amount under this paragraph may be elected.
‘‘(c) The portion of the face value of insurance which
is not paid in a lump sum as an accelerated death benefit
under this section shall remain payable in accordance with
the provisions of this chapter.
‘‘(d) Deductions under section 1969 of this title and
premiums under section 1977(c) of this title shall be re-
duced, in a manner consistent with the percentage reduc-
tion in the face value of the insurance as a result of pay-
ment of an accelerated death benefit under this section,
effective with respect to any amounts which would other-
wise become due on or after the date of payment under
this section.
‘‘(e) The Secretary shall prescribe regulations to
carry out this section. Such regulations shall include provi-
sions regarding—
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(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 out ‘‘Payments of benefits’’ and
inserting in lieu thereof ‘‘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 SURVIVOR BENEFITS PROGRAMS FOR
SURVIVORS OF VETERANS WITH SERVICE-
CONNECTED DISABILITIES.
(a) REPORT ON ASSESSMENT.—Not later than Octo-
ber 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 as-
sessment 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
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service-connected disabilities, including survivors of cata-
strophically disabled veterans who cared for those veter-
ans.
(b) REPORT ELEMENTS.—The report on the assess-
ment under subsection (a) shall include the following:
(1) An identification of the characteristics that
make a disabled veteran catastrophically disabled.
(2) A statement of the number of veterans with
service-connected disabilities who participate in in-
surance programs administered by the Department.
(3) A statement of the number of survivors of
veterans with service-connected disabilities who re-
ceive dependency and indemnity compensation under
chapter 13 of title 38, United States Code.
(4) Data on veterans with service-connected dis-
abilities that are relevant to the insurance programs
administered by the Department, and an assessment
how such data might be used to better determine the
cost above standard premium rates of insuring veter-
ans with service-connected disabilities under such
programs.
(5) An analysis of various methods of account-
ing and providing for the additional cost of insuring
the lives of veterans with service-connected disabil-
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ities under the insurance programs administered by
the Department.
(6) An assessment of the adequacy and effec-
tiveness of the current insurance programs and de-
pendency and indemnity compensation programs of
the Department in meeting the needs of survivors of
severely-disabled or catastrophically-disabled veter-
ans.
(7) An analysis of various methods of meeting
the transitional financial needs of survivors of veter-
ans with service-connected disabilities immediately
after the deaths of such veterans.
(8) Such recommendations as the Secretary
considers appropriate regarding means of improving
the benefits available to survivors of veterans with
service-connected disabilities under programs admin-
istered by the Department.
SEC. 304. NATIONAL SERVICE LIFE INSURANCE PROGRAM.
(a) ELIGIBILITY OF CERTAIN VETERANS FOR DIVI-
DENDS UNDER NSLI PROGRAM.—Section 1919(b) is
amended—
(1) by striking ‘‘sections 602(c)(2) and’’ and in-
serting ‘‘section’’; and
(2) by striking ‘‘sections’’ after ‘‘under such’’
and inserting ‘‘section’’.
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(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect at the end of the 90-day pe-
riod beginning on the date of the enactment of this Act.
TITLE IV—MEMORIAL AFFAIRS
SEC. 401. COMMEMORATION OF INDIVIDUALS WHOSE RE-
MAINS ARE UNAVAILABLE FOR INTERMENT.
(a) MEMORIAL HEADSTONES OR MARKERS FOR CER-
TAIN MEMBERS OF THE ARMED FORCES AND SPOUSES.—
Subsection (b) of section 2306 is amended to read as fol-
lows:
‘‘(b)(1) The Secretary shall furnish, when requested,
an appropriate memorial headstone or marker for the pur-
pose of commemorating an eligible individual whose re-
mains 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.
‘‘(2) For purposes of paragraph (1), an eligible indi-
vidual is any of the following:
‘‘(A) A veteran.
‘‘(B) The spouse or surviving spouse of a vet-
eran.
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‘‘(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 individ-
ual’s own choice or otherwise;
‘‘(C) were donated to science; or
‘‘(D) were cremated and the ashes scattered
without interment of any portion of the ashes.
‘‘(4) For purposes of this subsection:
‘‘(A) The term ‘veteran’ includes an individual
who dies in the active military, naval, or air service.
‘‘(B) The term ‘surviving spouse’ includes an
unremarried surviving spouse whose subsequent re-
marriage was terminated by death or divorce.’’.
(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 head-
stone 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.
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‘‘(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 surviv-
ing 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 individuals referred to in subsection (a), and ap-
propriate memorial headstones and markers may be placed
to honor the memory of individuals referred to in sub-
section (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:
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‘‘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.
‘‘§ 11201. Eligibility for veterans’ burial and cemetery
benefits
‘‘(a) ELIGIBILITY.—
‘‘(1) IN GENERAL.—The qualified service of a
person referred to in paragraph (2) shall be consid-
ered to be active duty in the Armed Forces during
a period of war for purposes of eligibility for benefits
under the following provisions of title 38:
‘‘(A) Chapter 23 (relating to burial bene-
fits).
‘‘(B) Chapter 24 (relating to interment in
national cemeteries).
‘‘(2) COVERED
INDIVIDUALS.—Paragraph (1)
applies to a person who—
‘‘(A) receives an honorable service certifi-
cate under section 11203 of this title; and
‘‘(B) is not eligible under any other provi-
sion of law for benefits under laws administered
by the Secretary of Veterans Affairs.
‘‘(b) REIMBURSEMENT FOR BENEFITS PROVIDED.—
The Secretary shall reimburse the Secretary of Veterans
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Affairs for the value of benefits that the Secretary of Vet-
erans Affairs provides for a person by reason of eligibility
under this section.
‘‘(c) APPLICABILITY.—
‘‘(1) GENERAL RULE.—Benefits may be pro-
vided under the provisions of law referred to in sub-
section (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
CEME-
TERIES.—Notwithstanding paragraph (1), in the
case of an initial burial or columbarium placement
after the date of the enactment of this chapter, ben-
efits 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 con-
sidered to have engaged in qualified service if, between Au-
gust 16, 1945, and December 31, 1946, the person—
‘‘(1) was a member of the United States mer-
chant marine (including the Army Transport Service
and the Naval Transportation Service) serving as a
crewmember of a vessel that was—
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‘‘(A) operated by the War Shipping Ad-
ministration or the Office of Defense Transpor-
tation (or an agent of the Administration or Of-
fice);
‘‘(B) operated in waters other than inland
waters, the Great Lakes, and other lakes, bays,
and harbors of the United States;
‘‘(C) under contract or charter to, or prop-
erty of, the Government of the United States;
and
‘‘(D) serving the Armed Forces; and
‘‘(2) while so serving, was licensed or otherwise
documented for service as a crewmember of such a
vessel by an officer or employee of the United States
authorized to license or document the person for
such service.
‘‘§ 11203. Documentation of qualified service
‘‘(a) RECORD OF SERVICE.—The Secretary, or in the
case of personnel of the Army Transport Service or the
Naval Transport Service, the Secretary of Defense, shall,
upon application—
‘‘(1) issue a certificate of honorable service to
a person who, as determined by that Secretary, en-
gaged in qualified service of a nature and duration
that warrants issuance of the certificate; and
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‘‘(2) correct, or request the appropriate official
of the Government to correct, the service records of
that person to the extent necessary to reflect the
qualified service and the issuance of the certificate
of honorable service.
‘‘(b) TIMING OF DOCUMENTATION.—A Secretary re-
ceiving an application under subsection (a) shall act on
the application not later than one year after the date of
that receipt.
‘‘(c) STANDARDS RELATING TO SERVICE.—In mak-
ing a determination 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 process-
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ing 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 depos-
ited 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 ap-
propriation, for the administrative costs of processing ap-
plications under section 11203 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of subtitle II of title 46, United States
Code, is amended by inserting after the item relating to
chapter 111 the following new item:
‘‘112. Merchant Mariner Benefits ............................................................ 11201’’.
SEC. 403. REDESIGNATION OF NATIONAL CEMETERY SYS-
TEM AND ESTABLISHMENT OF UNDER SEC-
RETARY FOR MEMORIAL AFFAIRS.
(a) REDESIGNATION AS NATIONAL CEMETERY AD-
MINISTRATION.—(1) The National Cemetery System of
the Department of Veterans Affairs shall hereafter be
known and designated as the National Cemetery Adminis-
tration. The position of Director of the National Cemetery
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System is hereby redesignated as Under Secretary of Vet-
erans Affairs for Memorial Affairs.
(2) Section 301(c)(4) is amended by striking out
‘‘National Cemetery System’’ and inserting in lieu thereof
‘‘National Cemetery Administration’’.
(3) Section 307 is amended—
(A) in the first sentence, by striking out ‘‘a Di-
rector of the National Cemetery System’’ and insert-
ing in lieu thereof ‘‘an Under Secretary for Memo-
rial Affairs’’; and
(B) in the second sentence, by striking out
‘‘The Director’’ and all that follows through ‘‘Na-
tional Cemetery System’’ and inserting in lieu there-
of ‘‘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 Veterans Affairs the following new
item:
‘‘Under Secretary for Memorial Affairs, Depart-
ment of Veterans Affairs.’’; and
(2) in section 5315, by striking out ‘‘Director
of the National Cemetery System.’’.
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(c) CONFORMING AMENDMENTS.—
(1)(A) The heading of section 307 is amended
to read as follows:
‘‘§ 307. Under Secretary for Memorial Affairs’’.
(B) The item relating to section 307 in the
table of sections at the beginning of chapter 3 is
amended to read as follows:
‘‘307. Under Secretary for Memorial Affairs.’’.
(2) Section 2306(d) is amended by striking out
‘‘within the National Cemetery System’’ each place
such term appears and inserting in lieu thereof
‘‘under the control of the National Cemetery Admin-
istration’’.
(3) Section 2400 is amended—
(A) in subsection (a)—
(i) by striking out ‘‘National Ceme-
tery System’’ and inserting in lieu thereof
‘‘National Cemetery Administration re-
sponsible’’; and
(ii) in the second sentence, by striking
out ‘‘Such system’’ and all that follows
through ‘‘National Cemetery System’’ and
inserting in lieu thereof ‘‘The National
Cemetery Administration shall be headed
by the Under Secretary for Memorial Af-
fairs’’;
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(B) in subsection (b), by striking out ‘‘Na-
tional Cemetery System’’ and inserting in lieu
thereof ‘‘national cemeteries and other facilities
under the control of the National Cemetery Ad-
ministration’’; and
(C) by amending the heading to read as
follows:
‘‘§ 2400. Establishment of National Cemetery Admin-
istration; composition of Administration’’.
(4) The item relating to section 2400 in the
table of sections at the beginning of chapter 24 is
amended to read as follows:
‘‘2400. Establishment of National Cemetery Administration; composition of Ad-
ministration.’’.
(5) Section 2402 is amended in the matter pre-
ceding paragraph (1) by striking out ‘‘in the Na-
tional Cemetery System’’ and inserting in lieu there-
of ‘‘under the control of the National Cemetery Ad-
ministration’’.
(6) Section 2403(c) is amended by striking out
‘‘in the National Cemetery System created by this
chapter’’ and inserting in lieu thereof ‘‘under the
control of the National Cemetery Administration’’.
(7) Section 2405(c) is amended—
(A) by striking out ‘‘within the National
Cemetery System’’ and inserting in lieu thereof
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‘‘under the control of the National Cemetery
Administration’’; and
(B) by striking out ‘‘within such System’’
and inserting in lieu thereof ‘‘under the control
of such Administration’’.
(8) Section 2408(c)(1) is amended by striking
out ‘‘in the National Cemetery System’’ and insert-
ing in lieu thereof ‘‘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 Sys-
tem shall be deemed to be a reference to the Under
Secretary of Veterans Affairs for Memorial Affairs.
SEC. 404. STATE CEMETERY GRANTS PROGRAM.
(a) AMOUNT
OF GRANT RELATIVE
TO PROJECT
COST.—(1) Paragraphs (1) and (2) of section 2408(b) are
amended to read as follows:
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‘‘(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 im-
provements to be made on the land to be con-
verted into a cemetery, and (ii) the cost of ini-
tial equipment necessary to operate the ceme-
tery; and
‘‘(B) in the case of the expansion or im-
provement of an existing cemetery, the sum of
(i) the cost of improvements to be made on any
land to be added to the cemetery, and (ii) the
cost of any improvements to be made to the ex-
isting cemetery.
‘‘(2) If the amount of a grant under this sec-
tion is less than the amount of costs referred to in
subparagraph (A) or (B) of paragraph (1), the State
receiving the grant shall contribute the excess of
such costs over the grant.’’.
(2) The amendment made by paragraph (1) shall
apply with respect to grants under section 2408 of title
38, United States Code, made after the end of the 60-
day period beginning on the date of the enactment of this
Act.
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(b) AUTHORIZATION OF APPROPRIATIONS WITHOUT
FISCAL YEAR LIMITATION.—The first sentence of section
2408(e) is amended by striking out ‘‘shall remain available
until the end of the second fiscal year following the fiscal
year for which they are appropriated’’ and inserting in lieu
thereof ‘‘shall remain available until expended’’.
(c) EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS FOR GRANT PROGRAM.—Paragraph (2) of section
2408(a) is amended to read as follows:
‘‘(2) There is authorized to be appropriated such
sums as may be necessary for fiscal year 1999 and for
each 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
CONFIRMATION FOR SECOND TERM.
Section 7253(c) is amended by adding at the end the
following new sentence: ‘‘A judge who is nominated by the
President for appointment to an additional term on the
Court without a break in service and whose term of office
expires while that nomination is pending before the Senate
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may continue in office for up to one year while that nomi-
nation is pending.’’.
SEC. 502. EXEMPTION OF RETIREMENT FUND FROM SE-
QUESTRATION ORDERS.
Section 7298 is amended by adding at the end the
following new subsection:
‘‘(g) For purpose of section 255(g)(1)(B) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 905(g)(1)(B)), the retirement fund shall be
treated in the same manner as the Claims Judges’ Retire-
ment Fund.’’.
SEC. 503. ADJUSTMENTS FOR SURVIVOR ANNUITIES.
Subsection (o) of section 7297 is amended to read
as follows:
‘‘(o) Each survivor annuity payable from the retire-
ment fund shall be increased at the same time as, and
by the same percentage by which, annuities payable from
the Judicial Survivors’ Annuities Fund are increased pur-
suant to section 376(m) of title 28.’’.
SEC. 504. REPORTS ON RETIREMENT PROGRAM MODIFICA-
TIONS.
(a) REPORT ON JUDGES’ RETIREMENT SYSTEM.—
Not later than one year after the date of the enactment
of this Act, the chief judge of the United States Court
of Appeals for Veterans Claims shall submit to the Com-
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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 Veter-
ans 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.’’.
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(B) The item relating to section 7291 is
amended to read as follows:
‘‘7291. Date when Court decision becomes final.’’.
(C) The item relating to section 7298 is
amended to read as follows:
‘‘7298. Retirement Fund.’’.
(4)(A) The heading of chapter 72 is amended
to read as follows:
‘‘CHAPTER 72—UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS’’.
(B) The item relating to chapter 72 in the table
of chapters at the beginning of title 38, United
States Code, and the item relating to such chapter
in the table of chapters at the beginning of part V
are amended to read as follows:
‘‘72. United States Court of Appeals for Veterans Claims ....................... 7251’’.
(b) CONFORMING AMENDMENTS TO OTHER LAWS.—
(1) The following provisions of law are amended
by striking ‘‘Court of Veterans Appeals’’ each place
it appears and inserting ‘‘Court of Appeals for Vet-
erans Claims’’:
(A) Section 8440d of title 5, United States
Code.
(B) Section 2412 of title 28, United States
Code.
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(C) Section 906 of title 44, United States
Code.
(D) Section 109 of the Ethics in Govern-
ment Act of 1978 (5 U.S.C. App.).
(2)(A) The heading of section 8440d of title 5,
United States Code, is amended to read as follows:
‘‘§ 8440d. Judges of the United States Court of Ap-
peals for Veterans Claims’’.
(B) The item relating to such section in the
table of sections at the beginning of chapter 84 of
such title is amended to read as follows:
‘‘8440d. Judges of the United States Court of Appeals for Veterans Claims.’’.
(c) OTHER LEGAL REFERENCES.—Any reference in
a law, regulation, document, paper, or other record of the
United States to the United States Court of Veterans Ap-
peals shall be deemed to be a reference to the United
States Court of Appeals for Veterans Claims.
SEC. 513. EFFECTIVE DATE.
This subtitle, and the amendments made by this sub-
title, shall take effect on the first day of the first month
beginning more than 90 days after the date of the enact-
ment of this Act.
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TITLE VI—HOUSING
SEC. 601. LOAN GUARANTEE FOR MULTIFAMILY TRANSI-
TIONAL HOUSING FOR HOMELESS VETERANS.
(a) IN GENERAL.—Chapter 37 is amended by adding
at the end the following new subchapter:
‘‘SUBCHAPTER 
VI—LOAN 
GUARANTEE 
FOR
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 vet-
eran 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 subsection (a), of which not more than five such
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loans may be guaranteed during the three-year period be-
ginning on the date of the enactment of this subchapter.
‘‘(2) A guarantee of a loan under subsection (a) shall
be in an amount that is not less than the amount nec-
essary 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 sub-
section (a).
‘‘(c) A loan may not be guaranteed under this sub-
chapter unless, before closing such loan, the Secretary has
approved the loan.
‘‘(d)(1) The Secretary shall enter into contracts with
a qualified nonprofit organization, or other qualified orga-
nization, that has experience in underwriting transitional
housing projects to obtain advice in carrying out this sub-
chapter, including advice on the terms and conditions nec-
essary for a loan that meets the requirements of section
3773 of this title.
‘‘(2) For purposes of paragraph (1), a nonprofit orga-
nization is an organization that is described in paragraph
(3) or (4) of subsection (c) of section 501 of the Internal
Revenue Code of 1986 and is exempt from tax under sub-
section (a) of such section.
‘‘(e) The Secretary may carry out this subchapter in
advance of the issuance of regulations for such purpose.
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‘‘(f) The Secretary may guarantee loans under this
subchapter notwithstanding any requirement for prior ap-
propriations for such purpose under any provision of law.
‘‘§ 3773. Requirements
‘‘(a) A loan referred to in section 3772 of this title
meets the requirements of this subchapter if each of the
following requirements is met:
‘‘(1) The loan—
‘‘(A) is for—
‘‘(i) construction of, rehabilitation of,
or acquisition of land for a multifamily
transitional housing project described in
subsection (b), or more than one of such
purposes; or
‘‘(ii) refinancing of an existing loan
for such a project; and
‘‘(B) may also include additional reason-
able amounts for—
‘‘(i) financing acquisition of furniture,
equipment, supplies, or materials for the
project; or
‘‘(ii) in the case of a loan made for
purposes of subparagraph (A)(i), supplying
the organization carrying out the project
with working capital relative to the project.
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‘‘(2) The loan is made in connection with fund-
ing or the provision of substantial property or serv-
ices for such project by either a State or local gov-
ernment or a nongovernmental entity, or both.
‘‘(3) The maximum loan amount does not ex-
ceed the lesser of—
‘‘(A) that amount generally approved (uti-
lizing prudent underwriting principles) in the
consideration and approval of projects of simi-
lar nature and risk so as to assure repayment
of the loan obligation; and
‘‘(B) 90 percent of the total cost of the
project.
‘‘(4) The loan is of sound value, taking into ac-
count the creditworthiness of the entity (and the in-
dividual members of the entity) applying for such
loan.
‘‘(5) The loan is secured.
‘‘(6) The loan is subject to such terms and con-
ditions as the Secretary determines are reasonable,
taking into account other housing projects with simi-
larities in size, location, population, and services pro-
vided.
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‘‘(b) For purposes of this subchapter, a multifamily
transitional housing project referred to in subsection
(a)(1) is a project that—
‘‘(1) provides transitional housing to homeless
veterans, which housing may be single room occu-
pancy (as defined in section 8(n) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(n)));
‘‘(2) provides supportive services and counsel-
ling services (including job counselling) at the
project site with the goal of making such veterans
self-sufficient;
‘‘(3) requires that each such veteran seek to ob-
tain and maintain employment;
‘‘(4) charges a reasonable fee for occupying a
unit in such housing; and
‘‘(5) maintains strict guidelines regarding sobri-
ety as a condition of occupying such unit.
‘‘(c) Such a project—
‘‘(1) may include space for neighborhood retail
services or job training programs; and
‘‘(2) may provide transitional housing to veter-
ans who are not homeless and to homeless individ-
uals who are not veterans if—
‘‘(A) at the time of taking occupancy by
any such veteran or homeless individual, the
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transitional housing needs of homeless veterans
in the project area have been met;
‘‘(B) the housing needs of any such vet-
eran 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 subsection (b) are met.
‘‘(d) In determining whether to guarantee a loan
under this subchapter, the Secretary shall consider—
‘‘(1) the availability of Department of Veterans
Affairs medical services to residents of the multifam-
ily transitional housing project; and
‘‘(2) the extent to which needs of homeless vet-
erans 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 de-
fault 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—
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‘‘(1) the maximum guarantee; or
‘‘(2) the difference between—
‘‘(A) the total outstanding obligation on
the loan, including principal, interest, and ex-
penses authorized by the loan documents,
through the date of the public sale (as author-
ized under such documents and State law); and
‘‘(B) the amount realized at such sale.
‘‘§ 3775. Audit
‘‘During each of the first three years of operation of
a multifamily transitional housing project with respect to
which a loan is guaranteed under this subchapter, there
shall be an annual, independent audit of such operation.
Such audit shall include a detailed statement of the oper-
ations, activities, and accomplishments of such project
during the year covered by such audit. The party respon-
sible for obtaining such audit (and paying the costs there-
for) shall be determined before the Secretary issues a
guarantee under this subchapter.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 37 is amended by adding at
the end the following new items:
‘‘SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY
TRANSITIONAL HOUSING FOR HOMELESS VETERANS
‘‘3771. Definitions.
‘‘3772. General authority.
‘‘3773. Requirements.
‘‘3774. Default.
‘‘3775. Audit.’’.
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SEC. 602. VETERANS HOUSING BENEFIT PROGRAM FUND
ACCOUNT CONSOLIDATION.
(a) CONSOLIDATION OF HOUSING LOAN REVOLVING
FUNDS.—Subchapter III of chapter 37 is amended—
(1) by striking out sections 3723, 3724, and
3725; and
(2) by inserting after section 3721 the following
new section:
‘‘§ 3722. Veterans Housing Benefit Program Fund
‘‘(a) There is hereby established in the Treasury of
the United States a fund known as the Veterans Housing
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 oper-
ations under this chapter, other than administrative ex-
penses, consistent with the Federal Credit Reform Act of
1990.
‘‘(c) There shall be deposited into the Fund the fol-
lowing, 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.
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‘‘(3) All other amounts received by the Sec-
retary on or after October 1, 1998, incident to hous-
ing loan operations under this chapter, including—
‘‘(A) collections of principal and interest
on housing loans made by the Secretary under
this chapter;
‘‘(B) proceeds from the sale, rental, use, or
other disposition of property acquired under
this chapter;
‘‘(C) proceeds from the sale of loans pur-
suant to sections 3720(h) and 3733(a)(3) of
this title; and
‘‘(D) penalties collected pursuant to sec-
tion 3710(g)(4)(B) of this title.
‘‘(d) Amounts deposited into the Fund under para-
graphs (2) and (3) of subsection (c) shall be deposited in
the appropriate financing or liquidating account of the
Fund.
‘‘(e) For purposes of this section, the term ‘housing
loan’ shall not include a loan made pursuant to subchapter
V of this chapter.’’.
(b) TRANSFERS
OF
AMOUNTS
INTO
VETERANS
HOUSING BENEFIT PROGRAM FUND.—All amounts in the
following funds are hereby transferred to the Veterans
Housing Benefit Program Fund:
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(1) The Direct Loan Revolving Fund, as such
fund was continued under section 3723 of title 38,
United States Code (as such section was in effect on
the day before the effective date of this title).
(2) The Department of Veterans Affairs Loan
Guaranty Revolving Fund, as established by section
3724 of such title (as such section was in effect on
the day before the effective date of this title).
(3) The Guaranty and Indemnity Fund, as es-
tablished by section 3725 of such title (as such sec-
tion 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 PARTICI-
PATION CERTIFICATES.—Section 3720 is amended
by striking out subsection (e).
(2) REPEAL OF OBSOLETE REQUIREMENT TO
CREDIT PROCEEDS.—Section 3733 is amended by
striking out subsection (e).
(d) SUBMISSION OF SUMMARY FINANCIAL STATE-
MENT ON HOUSING PROGRAMS.—Section 3734 is amend-
ed by adding at the end the following new subsection:
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‘‘(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, liq-
uidating 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 out ‘‘3729(c)(1)’’ and inserting in lieu
thereof ‘‘3729(c)’’.
(B) Section 3711(k) is amended by strik-
ing out ‘‘and section 3723 of this title’’ both
places it appears.
(C) Section 3727(c) is amended by striking
out ‘‘funds established pursuant to sections
3723 and 3724 of this title, as applicable’’ and
inserting in lieu thereof ‘‘fund established pur-
suant to section 3722 of this title’’.
(D) Section 3729 is amended—
(i) in subsection (c)—
(I) by striking out ‘‘(c)(1)’’ and
inserting in lieu thereof ‘‘(c)’’; and
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(II) by striking out paragraphs
(2) and (3); and
(ii) in subsection (a)(1), by striking
out ‘‘(c)(1)’’ and inserting in lieu thereof
‘‘(c)’’.
(E) Section 3733(a)(6) is amended by
striking out ‘‘Department of Veterans Affairs
Loan Guaranty Revolving Fund established by
section 3724(a)’’ and inserting in lieu thereof
‘‘Veterans Housing Benefit Program Fund es-
tablished by section 3722(a)’’.
(F) Section 3734, as amended by sub-
section (d), is further amended—
(i) in subsection (a)—
(I) by striking out ‘‘Loan Guar-
anty Revolving Fund and the Guar-
anty and Indemnity Fund’’ in para-
graph (1) and inserting in lieu thereof
‘‘Veterans Housing Benefit Program
Fund’’; and
(II) by striking out ‘‘funds,’’ in
paragraph (2) and inserting in lieu
thereof ‘‘fund,’’;
(ii) in subsection (b), by striking out
‘‘each fund’’ in the matter preceding para-
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graph (1) and inserting in lieu thereof ‘‘the
fund’’; and
(iii) in subsection (b)(2)—
(I) by striking out subparagraph
(B);
(II) by redesignating subpara-
graphs (C), (D), (E), (F), and (G) as
subparagraphs (B), (C), (D), (E), and
(F), respectively; and
(III) in subparagraph (B), as so
redesignated, by striking out ‘‘sub-
sections (a)(3) and (c)(2) of section
3729’’ and inserting in lieu thereof
‘‘section 3729(a)(3)’’.
(G) Section 3735(a)(3)(A)(i) is amended
by striking out ‘‘Loan Guaranty Revolving
Fund and the Guaranty and Indemnity Fund’’
and inserting in lieu thereof ‘‘Veterans Housing
Benefit Program Fund’’.
(2) OTHER
CONFORMING
AMENDMENT.—Sec-
tion 2106(e) is amended by striking out ‘‘, as appro-
priate, deposited in either the direct loan or loan
guaranty revolving fund established by section 3723
or 3724 of this title, respectively’’ and inserting in
lieu thereof ‘‘deposited in the Veterans Housing
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Benefit Program Fund established by section 3722
of this title’’.
(3) 
TECHNICAL
AND
CLERICAL
AMEND-
MENTS.—(A) The heading for section 3734 is
amended to read as follows:
‘‘§ 3734. Annual submission of information on the Vet-
erans Housing Benefit Program Fund and
housing programs’’.
(B) The heading for section 3763 is amended
to read as follows:
‘‘§ 3763. Native American Veteran Housing Loan Pro-
gram Account’’.
(C) The table of sections at the beginning of
chapter 37 is amended—
(i) by inserting after the item relating to
section 3721 the following new item:
‘‘3722. Veterans Housing Benefit Program Fund.’’;
(ii) by striking out the items relating to
sections 3723, 3724, and 3725;
(iii) by striking out the item relating to
section 3734 and inserting in lieu thereof the
following:
‘‘3734. Annual submission of information on the Veterans Housing Benefit Pro-
gram Fund and housing programs.’’;
and
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(iv) by striking out the item relating to
section 3763 and inserting in lieu thereof the
following:
‘‘3763. Native American Veteran Housing Loan Program Account.’’.
(f) EFFECTIVE DATE.—This title and the amend-
ments made by this title shall take effect on October 1,
1998.
SEC. 603. EXTENSION OF ELIGIBILITY OF MEMBERS OF SE-
LECTED RESERVE FOR VETERANS HOUSING
LOANS.
(a) EXTENSION.—Section 3702(a)(2)(E) is amended
by striking out ‘‘October 27, 1999,’’ and inserting in lieu
thereof ‘‘September 30, 2003,’’.
(b) ONE-YEAR EXTENSION OF FEE PROVISION.—
Section 3729(a)(4) is amended—
(1) by striking out ‘‘With respect to a loan
closed after September 30, 1993, and before October
1, 2002,’’ and inserting in lieu thereof ‘‘(A) With re-
spect 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 subpara-
graph (A) is the period beginning on October 1, 1993, and
ending on September 30, 2002, except that in the case
of a loan described in subparagraph (D) of paragraph (2),
such period ends on September 30, 2003.’’.
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SEC. 604. APPLICABILITY OF PROCUREMENT LAW TO CER-
TAIN CONTRACTS OF DEPARTMENT OF VET-
ERANS AFFAIRS.
(a) IN GENERAL.—Section 3720(b) is amended by
striking ‘‘; however’’ and all that follows and inserting the
following: ‘‘, except that title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.) shall apply to any contract for services or supplies
on account of any property acquired pursuant to this sec-
tion.’’.
(b) EFFECTIVE DATE.—The amendment made by
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 Depart-
ment of Veterans Affairs Medical Center, Long
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Beach, California, in an amount not to exceed
$23,200,000.
(2) Construction and seismic work at the De-
partment of Veterans Affairs Medical Center, San
Juan, Puerto Rico, in an amount not to exceed
$50,000,000.
(3) Outpatient clinic expansion at the Depart-
ment of Veterans Affairs Medical Center, Washing-
ton, D.C., in an amount not to exceed $29,700,000.
(4) Construction of a psychogeriatric care build-
ing and demolition of a seismically unsafe building
at the Department of Veterans Affairs Medical Cen-
ter, Palo Alto, California, in an amount not to ex-
ceed $22,400,000.
(5) Construction of an ambulatory care addition
and renovations for ambulatory care at the Depart-
ment of Veterans Affairs Medical Center, Cleveland
(Wade Park), Ohio, in an amount not to exceed
$28,300,000, of which $7,500,000 shall be derived
from funds appropriated for a fiscal year before fis-
cal year 1999 that remain available for obligation.
(6) Construction of an ambulatory care addition
at the Department of Veterans Affairs Medical Cen-
ter, Tucson, Arizona, in an amount not to exceed
$35,000,000.
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(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 Califor-
nia Healthcare Systems 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 avail-
able for obligation.
(9) Renovations to a nursing home care unit at
the Department of Veterans Affairs Medical Center,
Lebanon, Pennsylvania, in an amount not to exceed
$9,500,000.
(10) Construction of a spinal cord injury center
at the Department of Veterans Affairs Medical Cen-
ter, Tampa, Florida, in an amount not to exceed
$46,300,000, of which $20,000,000 shall be derived
from funds appropriated for a fiscal year before fis-
cal year 1999 that remain available for obligation.
(b) CONSTRUCTION
OF PARKING FACILITY.—The
Secretary may construct a parking structure at the De-
partment of Veterans Affairs Medical Center, Denver, Col-
orado, in an amount not to exceed $13,000,000, of which
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$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 appro-
priated to the Secretary of Veterans Affairs for fiscal year
1999 and for fiscal year 2000—
(1) for the Construction, Major Projects, ac-
count $241,100,000 for the projects authorized in
section 701(a); and
(2) for the Medical Care account, $8,500,000
for the leases authorized in section 702.
(b) LIMITATION.—(1) The projects authorized in sec-
tion 701(a) may only be carried out using—
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(A) funds appropriated for fiscal year 1999 or
fiscal year 2000 pursuant to the authorization of ap-
propriations in subsection (a);
(B) funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 1999
that remain available for obligation; and
(C) funds appropriated for Construction, Major
Projects, for fiscal year 1999 for a category of activ-
ity not specific to a project.
(2) The project authorized in section 701(b) may only
be carried out using funds appropriated for a fiscal year
before fiscal year 1999—
(A) for the Parking Revolving Fund; or
(B) for Construction, Major Projects, for a cat-
egory of activity not specific to a project.
SEC. 704. INCREASE IN THRESHOLD FOR MAJOR MEDICAL
FACILITY LEASES FOR PURPOSES OF CON-
GRESSIONAL AUTHORIZATION.
Section 8104(a)(3)(B) is amended by striking out
‘‘$300,000’’ and inserting in lieu thereof ‘‘$600,000’’.
SEC. 705. THRESHOLD FOR TREATMENT OF PARKING FA-
CILITY PROJECT AS A MAJOR MEDICAL FA-
CILITY PROJECT.
Section 8109(i)(2) is amended by striking out
‘‘$3,000,000’’ and inserting in lieu thereof ‘‘$4,000,000’’.
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SEC. 706. PARKING FEES.
(a) LIMITATION.—The Secretary of Veterans Affairs
may not establish or collect any parking fee at any parking
facility associated with the Spark M. Matsunaga Depart-
ment of Veterans Affairs Medical and Regional Office
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 re-
port 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 Sec-
retary could implement in a cost-effective manner
the authority of the Secretary 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 em-
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ployed at a regional office which is co-located
with a medical facility;
(B) to address the applicability of parking
fees to persons using parking facilities at De-
partment of Veterans Affairs medical centers
co-located with facilities of the Department of
Defense;
(C) to link any schedule of applicable fees
to applicable commercial rates; and
(D) to achieve any other purpose.
SEC. 707. MASTER PLAN REGARDING USE OF DEPARTMENT
OF VETERANS AFFAIRS LANDS AT WEST LOS
ANGELES MEDICAL CENTER, CALIFORNIA.
(a) REPORT.—The Secretary of Veterans Affairs
shall submit to Congress a report on the master plan of
the 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 sub-
section (a) shall set forth the following:
(1) The master plan referred to in that sub-
section, if such a plan currently exists.
(2) A current assessment of the master plan.
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(3) Any proposal of the Department for a veter-
ans park on the lands referred to in subsection (a),
and an assessment of such proposals.
(4) Any proposal to use a portion of those lands
as dedicated green space, and an assessment of such
proposals.
(c) ALTERNATIVE REPORT ELEMENT.—If a master
plan referred to in subsection (a) does not exist as of the
date of the enactment of this Act, the Secretary shall set
forth in the report under that subsection, in lieu of the
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 Medi-
cal Center’’. Any reference to that medical center in any
law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference
to the H. John Heinz III Department of Veterans Affairs
Medical Center.
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SEC. 709. DESIGNATION OF DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER, GAINESVILLE,
FLORIDA.
The Department of Veterans Affairs medical center
in Gainesville, Florida, is hereby designated as the
‘‘Malcom Randall Department of Veterans Affairs Medical
Center’’. Any reference to that medical center in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
Malcom Randall Department of Veterans Affairs Medical
Center.
SEC. 710. DESIGNATION OF DEPARTMENT OF VETERANS
AFFAIRS OUTPATIENT CLINIC, COLUMBUS,
OHIO.
The Department of Veterans Affairs outpatient clinic
in Columbus, Ohio, shall after the date of the enactment
of this Act be known and designated as the ‘‘Chalmers
P. Wylie Veterans Outpatient Clinic’’. Any reference to
that outpatient clinic in any law, regulation, map, docu-
ment, record, or other paper of the United States shall
be considered to be a reference to the Chalmers P. Wylie
Veterans Outpatient Clinic.
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TITLE 
VIII—HEALTH 
PROFES-
SIONALS EDUCATIONAL AS-
SISTANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Department of Veter-
ans Affairs Health Care Personnel Incentive Act of 1998’’.
SEC. 802. SCHOLARSHIP PROGRAM FOR DEPARTMENT OF
VETERANS AFFAIRS EMPLOYEES RECEIVING
EDUCATION OR TRAINING IN THE HEALTH
PROFESSIONS.
(a) PROGRAM AUTHORITY.—Chapter 76 is amended
by adding at the end the following new subchapter:
‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE
SCHOLARSHIP PROGRAM
‘‘§ 7671. Authority for program
‘‘As part of the Educational Assistance Program, the
Secretary may carry out a scholarship program under this
subchapter. The program shall be known as the Depart-
ment of Veterans Affairs Employee Incentive Scholarship
Program (hereinafter in this subchapter referred to as the
‘Program’). The purpose of the Program is to assist,
through the establishment of an incentive program for in-
dividuals employed in the Veterans Health Administra-
tion, in meeting the staffing needs of the Veterans Health
Administration for health professional occupations for
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which recruitment or retention of qualified personnel is
difficult.
‘‘§ 7672. Eligibility; agreement
‘‘(a) ELIGIBILITY.—To be eligible to participate in
the Program, an individual must be an eligible Depart-
ment 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 subsection (a), an eligible Department em-
ployee 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 continuously em-
ployed by the Department for not less than two years.
‘‘(c) QUALIFYING FIELDS OF EDUCATION OR TRAIN-
ING.—A scholarship may be awarded under the Program
only for education and training in a field leading to ap-
pointment or retention in a position under section 7401
of this title.
‘‘(d) AWARD OF SCHOLARSHIPS.—Notwithstanding
section 7603(d) of this title, the Secretary, in selecting
participants in the Program, may award a scholarship only
to applicants who have a record of employment with the
Veterans Health Administration which, in the judgment
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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 addi-
tion to the requirements set forth in section 7604 of this
title) include the following:
‘‘(A) The Secretary’s agreement to provide the
participant with a scholarship under the Program
for a specified number (from one to three) of school
years during which the participant pursues a course
of education or training described in subsection (c)
that meets the requirements set forth in section
7602(a) of this title.
‘‘(B) The participant’s agreement to serve as a
full-time employee in the Veterans Health Adminis-
tration for a period of time (hereinafter in this sub-
chapter referred to as the ‘period of obligated serv-
ice’) determined in accordance with regulations pre-
scribed 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 three years.
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‘‘(C) The participant’s agreement to serve
under subparagraph (B) in a Department facility se-
lected 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 cred-
it 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 one 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 partici-
pant for that school year and payment of other reasonable
educational expenses (including fees, books, and labora-
tory expenses) for that school year.
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‘‘(b) AMOUNTS.—The total amount of the scholarship
payable under subsection (a)—
‘‘(1) in the case of a participant in the Program
who is a full-time student, may not exceed $10,000
for any one year; and
‘‘(2) in the case of a participant in the Program
who is a part-time student, shall be the amount
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) Sub-
ject to paragraph (2), a participant in the Program may
not receive a scholarship under subsection (a) for more
than three school years.
‘‘(2) The Secretary may extend the number of school
years for which a scholarship may be awarded to a partici-
pant in the Program who is a part-time student to a maxi-
mum of six school years if the Secretary determines that
the extension would be in the best interest of the United
States.
‘‘(d) PAYMENT
OF EDUCATIONAL EXPENSES
BY
EDUCATIONAL INSTITUTIONS.—The Secretary may ar-
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range with an educational institution in which a partici-
pant in the Program is enrolled for the payment of the
educational expenses described in subsection (a). Such
payments may be made without regard to subsections (a)
and (b) of section 3324 of title 31.
‘‘§ 7674. Obligated service
‘‘(a) IN GENERAL.—Each participant in the Program
shall provide service as a full-time employee of the Depart-
ment for the period of obligated service provided in the
agreement of the participant entered into under section
7603 of this title. Such service shall be provided in the
full-time clinical practice of such participant’s profession
or in another health-care position in an assignment or lo-
cation determined by the Secretary.
‘‘(b) DETERMINATION OF SERVICE COMMENCEMENT
DATE.—(1) Not later than 60 days before a participant’s
service commencement date, the Secretary shall notify the
participant of that service commencement date. That date
is the date for the beginning of the participant’s period
of obligated service.
‘‘(2) As soon as possible after a participant’s service
commencement date, the Secretary shall—
‘‘(A) in the case of a participant who is not a
full-time employee in the Veterans Health Adminis-
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tration, appoint the participant as such an employee;
and
‘‘(B) in the case of a participant who is an em-
ployee in the Veterans Health Administration but is
not serving in a position for which the participant’s
course of education or training prepared the partici-
pant, assign the participant to such a position.
‘‘(3)(A) In the case of a participant receiving a de-
gree from a school of medicine, osteopathy, dentistry, op-
tometry, or podiatry, the participant’s service commence-
ment date is the date upon which the participant becomes
licensed to practice medicine, osteopathy, dentistry, op-
tometry, 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 com-
mencement date is the later of—
‘‘(i) the participant’s course completion date; or
‘‘(ii) the date upon which the participant be-
comes licensed as a registered nurse in a State.
‘‘(C) In the case of a participant not covered by sub-
paragraph (A) or (B), the participant’s service commence-
ment date is the later of—
‘‘(i) the participant’s course completion date; or
‘‘(ii) the date the participant meets any applica-
ble licensure or certification requirements.
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‘‘(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 para-
graph (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 obligated service—
‘‘(A) on the date, after the participant’s course
completion date, on which the participant (in accord-
ance with subsection (b)) is appointed as a full-time
employee in the Veterans Health Administration; or
‘‘(B) if the participant is a full-time employee
in the Veterans Health Administration on such
course completion date, on the date thereafter on
which the participant is assigned to a position for
which the participant’s course of training prepared
the participant.
‘‘(2) A participant in the Program who on the partici-
pant’s course completion date is a full-time employee in
the Veterans Health Administration serving in a capacity
for which the participant’s course of training prepared the
participant shall be considered to have begun serving the
100
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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 par-
ticipant’s course of education or training under the Pro-
gram.
‘‘§ 7675. Breach of agreement: liability
‘‘(a) LIQUIDATED DAMAGES.—A participant in the
Program (other than a participant described in subsection
(b)) who fails to accept payment, or instructs the edu-
cational institution in which the participant is enrolled not
to accept payment, in whole or in part, of a scholarship
under the agreement entered into under section 7603 of
this title shall be liable to the United States for liquidated
damages in the amount of $1,500. Such liability is in addi-
tion 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 Program shall be liable to the United
States for the amount which has been paid to or on behalf
of the participant under the agreement if any of the fol-
lowing occurs:
101
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‘‘(A) The participant fails to maintain an ac-
ceptable level of academic standing in the edu-
cational institution in which the participant is en-
rolled (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 ap-
plicable 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 deter-
mined under regulations prescribed by the Secretary.
‘‘(E) In the case of a participant who is a part-
time student, the participant fails to maintain em-
ployment, while enrolled in the course of training
being pursued by the participant, as a Department
employee.
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any additional period of obligated service in accord-
ance with section 7673(c)(2) of this title.
‘‘(D) ‘s’ is the number of months of such period
served by the participant in accordance with section
7673 of this title.
‘‘(d) LIMITATION ON LIABILITY FOR REDUCTIONS-
IN-FORCE.—Liability shall not arise under subsection
(b)(1)(E) or (c) in the case of a participant otherwise cov-
ered by the subsection concerned if the participant fails
to maintain employment as a Department employee due
to a staffing adjustment.
‘‘(e) PERIOD
FOR PAYMENT
OF DAMAGES.—Any
amount of damages which the United States is entitled
to recover under this section shall be paid to the United
States within the one-year period beginning on the date
of the breach of the agreement.
‘‘§ 7676. Expiration of program
‘‘The Secretary may not furnish scholarships to indi-
viduals who have not commenced participation in the Pro-
gram before December 31, 2001.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new items:
‘‘SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP
PROGRAM
‘‘7671. Authority for program.
‘‘7672. Eligibility; agreement.
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‘‘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:
‘‘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 edu-
cation debt reduction program under this subchapter. The
program shall be known as the Department of Veterans
Affairs Education Debt Reduction Program (hereinafter
in this subchapter referred to as the ‘Education Debt Re-
duction Program’).
‘‘(2) The purpose of the Education Debt Reduction
Program is to assist in the recruitment of qualified health
care professionals for positions in the Veterans Health Ad-
ministration for which recruitment or retention of an ade-
quate supply of qualified personnel is difficult.
‘‘(b) RELATIONSHIP TO EDUCATIONAL ASSISTANCE
PROGRAM.—Education debt reduction payments under
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the Education Debt Reduction Program may be in addi-
tion to other assistance available to individuals under the
Educational Assistance Program.
‘‘§ 7682. Eligibility
‘‘(a) ELIGIBILITY.—An individual is eligible to par-
ticipate in the Education Debt Reduction Program if the
individual—
‘‘(1) is a recently appointed employee in the
Veterans Health Administration serving under an
appointment under section 7402(b) of this title in a
position for which recruitment or retention of a
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 de-
gree that qualified the individual for the position re-
ferred to in paragraph (1).
‘‘(b) COVERED COSTS.—For purposes of subsection
(a)(2), costs relating to a course of education or training
include—
‘‘(1) tuition expenses;
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‘‘(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 subsection (a), an individual shall be consid-
ered to be recently appointed to a position if the individual
has held that position for less than six months.
‘‘§ 7683. Education debt reduction
‘‘(a) IN GENERAL.—Education debt reduction pay-
ments under the Education Debt Reduction Program shall
consist of payments to individuals selected to participate
in the program of amounts to reimburse such individuals
for payments by such individuals of principal and interest
on loans described in section 7682(a)(2) of this title.
‘‘(b) FREQUENCY OF PAYMENT.—(1) The Secretary
may make education debt reduction payments to any given
participant in the Education Debt Reduction Program on
a monthly or annual basis, as determined by the Sec-
retary.
‘‘(2) The Secretary shall make such payments at the
end of the period determined by the Secretary under para-
graph (1).
‘‘(c) PERFORMANCE REQUIREMENT.—The Secretary
may make education debt reduction payments to a partici-
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pant in the Education Debt Reduction Program for a pe-
riod only if the Secretary determines that the individual
maintained an acceptable level of performance in the posi-
tion or positions served by the participant during the pe-
riod.
‘‘(d) MAXIMUM ANNUAL AMOUNT.—(1) Subject to
paragraph (2), the amount of education debt reduction
payments made to a participant for a year under the Edu-
cation Debt Reduction Program may not exceed—
‘‘(A) $6,000 for the first year of the partici-
pant’s participation in the Program;
‘‘(B) $8,000 for the second year of the partici-
pant’s participation in the Program; and
‘‘(C) $10,000 for the third year of the partici-
pant’s participation in the Program.
‘‘(2) The total amount payable to a participant in
such Program for any year may not exceed the amount
of the principal and interest on loans referred to in sub-
section (a) that is paid by the individual during such year.
‘‘§ 7684. Expiration of program
‘‘The Secretary may not make education debt reduc-
tion payments to individuals who have not commenced
participation in the Education Debt Reduction Program
before December 31, 2001.’’.
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(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 fol-
lowing 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 TUI-
TION LOANS.
Section 523(b) of the Veterans Health Care Act of
1992 (Public Law 102–585; 106 Stat. 4959; 38 U.S.C.
7601 note) is repealed.
SEC. 805. CONFORMING AMENDMENTS.
Chapter 76 is amended as follows:
(1) Section 7601(a) is amended—
(A) by striking out ‘‘and’’ at the end of
paragraph (2);
(B) by striking out the period at the end
of paragraph (3) and inserting in lieu thereof a
semicolon; and
(C) by adding at the end the following new
paragraphs:
‘‘(4) the employee incentive scholarship pro-
gram provided for in subchapter VI of this chapter;
and’’; and
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‘‘(5) the education debt reduction program pro-
vided for in subchapter VII of this chapter.’’.
(2) Section 7602 is amended—
(A) in subsection (a)(1)—
(i) by striking out ‘‘subchapter I or
II’’ and inserting in lieu thereof ‘‘sub-
chapter II, III, or VI’’;
(ii) by striking out ‘‘or for which’’ and
inserting in lieu thereof ‘‘, for which’’; and
(iii) by inserting before the period at
the end the following: ‘‘, or for which a
scholarship may be awarded under sub-
chapter VI of this chapter, as the case may
be’’; and
(B) in subsection (b), by striking out ‘‘sub-
chapter I or II’’ and inserting in lieu thereof
‘‘subchapter II, III, or VI’’.
(3) Section 7603 is amended—
(A) in subsection (a)—
(i) by striking out ‘‘To apply to par-
ticipate in the Educational Assistance Pro-
gram,’’ and inserting in lieu thereof ‘‘(1)
To apply to participate in the Educational
Assistance Program under subsection II,
III, V, or VI of this chapter,’’; and
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(ii) by adding at the end the follow-
ing:
‘‘(2) To apply to participate in the Educational As-
sistance Program 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 out
‘‘subchapter II, III, or V’’ in paragraphs (1)(A),
(2)(D), and (5) and inserting in lieu thereof ‘‘sub-
chapter II, III, V, or VI’’.
(5) Section 7632 is amended—
(A) in paragraph (1)—
(i) by striking out ‘‘and the Tuition
Reimbursement Program’’ and inserting in
lieu thereof ‘‘, the Tuition Reimbursement
Program, the Employee Incentive Scholar-
ship Program, and the Education Debt Re-
duction Program’’; and
(ii) by inserting ‘‘(if any)’’ after
‘‘number of students’’;
(B) in paragraph (2), by inserting ‘‘(if
any)’’ after ‘‘education institutions’’; and
(C) in paragraph (4)—
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(i) by striking ‘‘and per participant’’
and inserting in lieu thereof ‘‘, per partici-
pant’’; and
(ii) by inserting ‘‘, per participant in
the Employee Incentive Scholarship Pro-
gram, and per participant in the Education
Debt Reduction Program’’ before the pe-
riod at the end.
(6) Section 7636 is amended by striking ‘‘or a
stipend’’ and inserting ‘‘a stipend, or education debt
reduction’’.
SEC. 806. COORDINATION WITH APPROPRIATIONS PROVI-
SION.
This title shall be considered to be the authorizing
legislation referred to in the third proviso under the head-
ing ‘‘VETERANS HEALTH ADMINISTRATION—MEDICAL
CARE’’ in title I of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999, and the reference in
that proviso to the ‘‘Primary Care Providers Incentive
Act’’ shall be treated as referring to this title.
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TITLE 
IX—MISCELLANEOUS
MEDICAL CARE AND MEDICAL
ADMINISTRATION 
PROVI-
SIONS
SEC. 901. EXAMINATIONS AND CARE ASSOCIATED WITH
CERTAIN RADIATION TREATMENT.
(a) IN GENERAL.—Chapter 17 is amended by insert-
ing after section 1720D the following new section:
‘‘§ 1720E. Nasopharyngeal radium irradiation
‘‘(a) The Secretary may provide any veteran a medi-
cal examination, 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 vet-
eran’s receipt of nasopharyngeal radium irradiation treat-
ments 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 evi-
dence in the service records of the veteran which document
nasopharyngeal radium irradiation treatment in service,
except that, notwithstanding the absence of such docu-
mentation, the Secretary may provide such care to a vet-
eran who—
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‘‘(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 beginning of such chapter is amended by inserting
after the item relating to section 1720D the following new
item:
‘‘1720E. Nasopharyngeal radium irradiation.’’.
SEC. 902. EXTENSION OF AUTHORITY TO COUNSEL AND
TREAT VETERANS FOR SEXUAL TRAUMA.
Section 1720D(a) is amended by striking out ‘‘De-
cember 31, 1998’’ in paragraphs (1) and (3) and inserting
in lieu thereof ‘‘December 31, 2001’’.
SEC. 903. MANAGEMENT OF SPECIALIZED TREATMENT AND
REHABILITATIVE PROGRAMS.
(a) STANDARDS
OF JOB PERFORMANCE.—Section
1706(b) is amended—
(1) in paragraph (2), by striking out ‘‘April 1,
1997, April 1, 1998, and April 1, 1999’’ and insert-
ing in lieu thereof ‘‘April 1, 1999, April 1, 2000,
and April 1, 2001’’; and
(2) by adding at the end the following new
paragraph:
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‘‘(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 per-
formance of those employees in carrying out the require-
ments of paragraph (1). Those job performance standards
shall include measures of workload, allocation of re-
sources, and quality-of-care indicators.
‘‘(B) Positions described in this subparagraph are po-
sitions in the Veterans Health Administration that have
responsibility for allocating and managing resources appli-
cable to the requirements of paragraph (1).
‘‘(C) The Under Secretary shall develop the job per-
formance standards under subparagraph (A) in consulta-
tion with the Advisory Committee on Prosthetics and Spe-
cial Disabilities Programs and the Committee on Care of
Severely Chronically Mentally Ill Veterans.’’.
(b) DEADLINE FOR PRESCRIBING STANDARDS.—The
standards of job performance required by paragraph (3)
of section 1706(b) of title 38, United States Code, as
added by subsection (a), shall be prescribed not later than
January 1, 1999.
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SEC. 904. AUTHORITY TO USE FOR OPERATING EXPENSES
OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITIES AMOUNTS AVAILABLE
BY REASON OF THE LIMITATION ON PENSION
FOR VETERANS RECEIVING NURSING HOME
CARE.
(a) IN GENERAL.—Section 5503(a)(1)(B) is amend-
ed 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 Feb-
ruary 1, 1999, the Secretary of Veterans Affairs shall sub-
mit to the Committees on Veterans’ Affairs of the Senate
and the House of Representatives a report assessing the
system of locality-based pay for nurses established under
the 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 sys-
tem prepared by the contractor pursuant to a contract
with Systems Flow, Inc., that was entered into on May
22, 1998.
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(b) MATTERS TO BE INCLUDED—The report of the
Secretary under subsection (a)(1) shall include the follow-
ing:
(1) An assessment of the effects of the locality-
based pay system, including information, shown by
facility and grade level, regarding the frequency and
percentage increases, if any, in the rate of basic pay
under that system of nurses employed in the Veter-
ans Health Administration.
(2) An assessment of the manner in which that
system is being applied.
(3) Plans and recommendations of the Sec-
retary for administrative and legislative improve-
ments or revisions to the locality pay system.
(4) An explanation of the reasons for any deci-
sion not to adopt any recommendation in the report
referred to in subsection (a)(2).
(c) UPDATED REPORT.—Not later than February 1,
2000, the Secretary shall submit to the Committees on
Veterans’ Affairs of the Senate and House of Representa-
tives a report updating the report submitted under sub-
section (a)(1).
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SEC. 906. ANNUAL REPORT ON PROGRAM AND EXPENDI-
TURES OF DEPARTMENT OF VETERANS AF-
FAIRS FOR DOMESTIC RESPONSE TO WEAP-
ONS OF MASS DESTRUCTION.
(a) IN GENERAL.—Subchapter II of chapter 5 is
amended by adding at the end the following new section:
‘‘§ 530. Annual report on program and expenditures
for domestic response to weapons of mass
destruction
‘‘(a) The Secretary shall submit to the Committees
on Veterans’ Affairs of the Senate and House of Rep-
resentatives 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 ac-
tivities of the Department relating to preparation for, and
participation in, a domestic medical response to an attack
involving weapons of mass destruction.
‘‘(b) Each report under subsection (a) shall include
the following:
‘‘(1) A statement of the amounts of funds and
the level of personnel resources (stated in terms of
full-time equivalent employees) expected to be used
by the Department during the next fiscal year in
preparation for a domestic medical response to an
attack involving weapons of mass destruction, in-
cluding the anticipated source of those funds and
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any anticipated shortfalls in funds or personnel re-
sources to achieve the tasks assigned the Depart-
ment by the President in connection with prepara-
tion for such a response.
‘‘(2) A detailed statement of the funds ex-
pended and personnel resources (stated in terms of
full-time equivalent employees) used during the fis-
cal 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 identification of the source of those funds
and a description of how those funds were expended.
‘‘(3) A detailed statement of the funds ex-
pended and expected to be expended, and the per-
sonnel resources (stated in terms of full-time equiva-
lent employees) used and expected to be used, dur-
ing the fiscal year during which the report is submit-
ted 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 funds expended and a de-
scription of how those funds were expended.
‘‘(c) This section shall expire on January 1, 2009.’’.
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(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 529 the following new
item:
‘‘530. Annual report on program and expenditures for domestic response to
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 Af-
fairs, 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.
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 add-
ing at the end the following new section:
‘‘§ 531. Requirement relating to naming of Depart-
ment 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
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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 De-
partment of Veterans Affairs (or of a major portion there-
of) after the date of the enactment of this Act.
SEC. 1002. MEMBERS OF THE BOARD OF VETERANS’ AP-
PEALS.
(a) REQUIREMENT FOR BOARD MEMBERS TO BE
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 para-
graph (1) of a member of the Board who before appoint-
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ment to the Board served as an attorney in the civil serv-
ice, the Secretary shall appoint that member to an attor-
ney position at the Board, if the removed member so re-
quests. If the removed member served in an attorney posi-
tion 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 re-
moved member immediately before such appointment to
the Board.
‘‘(B) The Secretary is not required to make an ap-
pointment to an attorney position under this paragraph
if the Secretary determines that the member of the Board
removed under paragraph (1) is not qualified for the posi-
tion.’’.
SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF
APPEALS BY BOARD OF VETERANS’ APPEALS.
(a) FLEXIBILITY IN ORDER OF CONSIDERATION AND
DETERMINATION.—Subsection (a) of section 7107 is
amended—
(1) in paragraph (1), by inserting ‘‘in para-
graphs (2) and (3) and’’ after ‘‘Except as provided’’;
(2) in paragraph (2), by striking out the second
sentence and inserting in lieu thereof the following:
‘‘Any such motion shall set forth succinctly the