I
103D CONGRESS
2D SESSION
H. R. 5244
To amend title 38, United States Code, to revise and improve veterans’
benefits programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. MONTGOMERY (for himself and Mr. STUMP) introduced the following bill;
which was referred to the Committee on Veterans’ Affairs
OCTOBER 7, 1994
Committee on Veterans’ Affairs discharged; considered and passed
A BILL
To amend title 38, United States Code, to revise and improve
veterans’ benefits programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Veterans’ Benefits Improvements Act of 1994’’.
(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—PERSIAN GULF WAR VETERANS
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Purposes.
Sec. 104. Development of medical evaluation protocol.
Sec. 105. Outreach to Persian Gulf veterans.
Sec. 106. Compensation benefits for disability resulting from illness attributed
to service during the Persian Gulf War.
Sec. 107. Evaluation of health status of spouses and children of Persian Gulf
War veterans.
Sec. 108. Clarification of scope of health examinations provided for veterans eli-
gible for inclusion in health-related registries.
Sec. 109. Survey of Persian Gulf veterans.
Sec. 110. Authorization for epidemiological studies.
Sec. 111. Cost-savings provisions.
TITLE II—BOARD OF VETERANS’ APPEALS ADMINISTRATION
Sec. 201. Appointment, pay comparability, and performance reviews for mem-
bers of the Board of Veterans’ Appeals.
Sec. 202. Deadline for establishment of performance evaluation criteria for
Board members.
Sec. 203. Continuation in office of Chairman pending appointment of successor.
TITLE III—ADJUDICATION IMPROVEMENTS
Sec. 301. Acceptance of certain documentation for claims purposes.
Sec. 302. Expedited treatment of remanded claims.
Sec. 303. Screening of appeals.
Sec. 304. Report on feasibility of reorganization of adjudication divisions in
VBA regional offices.
TITLE IV—VETERANS’ CLAIMS ADJUDICATION COMMISSION
Sec. 401. Establishment of commission.
Sec. 402. Duties of the commission.
Sec. 403. Powers of the commission.
Sec. 404. Commission personnel matters.
Sec. 405. Termination of the commission.
Sec. 406. Definitions.
Sec. 407. Funding.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. Restatement of intent of Congress concerning coverage of Radiation-
Exposed Veterans Compensation Act of 1988.
Sec. 502. Extension of authority to maintain regional office in the Philippines.
Sec. 503. Renouncement of benefit rights.
Sec. 504. Clarification of payment of attorney fees under contingent fee agree-
ments.
Sec. 505. Codification of herbicide-exposure presumptions established adminis-
tratively.
Sec. 506. Treatment of certain income of Alaska natives for purposes of needs-
based benefits.
Sec. 507. Elimination of requirement for payment of certain benefits in Phil-
ippine pesos.
Sec. 508. Study of health consequences for family members of atomic veterans
of exposure of atomic veterans to ionizing radiation.
Sec. 509. Center for Minority Veterans and Center for Women Veterans.
Sec. 510. Advisory Committee on Minority Veterans.
Sec. 511. Mailing of notices of appeal to the Court of Veterans Appeals.
TITLE VI—EDUCATION AND TRAINING PROGRAMS
Sec. 601. Flight training.
Sec. 602. Training and rehabilitation for veterans with service-connected dis-
abilities.
Sec. 603. Alternative teacher certification programs.
Sec. 604. Education outside the United States.
Sec. 605. Correspondence courses.
Sec. 606. State approving agencies.
Sec. 607. Measurement of courses.
Sec. 608. Veterans’ Advisory Committee on Education.
Sec. 609. Contract educational and vocational counseling.
Sec. 610. Service Members Occupational Conversion and Training Act of 1992.
TITLE VII—EMPLOYMENT PROGRAMS
Sec. 701. Job counseling, training, and placement.
Sec. 702. Employment and training of veterans.
TITLE VIII—CEMETERIES AND MEMORIAL AFFAIRS
Sec. 801. Eligibility for burial in national cemeteries of spouses who predecease
veterans.
Sec. 802. Restoration of burial eligibility for unremarried spouses.
Sec. 803. Extension of authorization of appropriations for State cemetery grant
program.
Sec. 804. Authority to use flat grave markers at the Willamette National Ceme-
tery, Oregon.
TITLE IX—HOUSING PROGRAMS
Sec. 901. Eligibility.
Sec. 902. Revision in computation of aggregate guaranty.
Sec. 903. Public and community water and sewerage systems.
Sec. 904. Authority to guarantee home refinance loans for energy efficiency im-
provements.
Sec. 905. Authority to guarantee loans to refinance adjustable rate mortgages
to fixed rate mortgages.
Sec. 906. Manufactured home loan inspections.
Sec. 907. Procedures on default.
Sec. 908. Minimum active-duty service requirement.
TITLE X—HOMELESS VETERANS PROGRAMS
Sec. 1001. Reports on activities of the Department of Veterans Affairs to assist
homeless veterans.
Sec. 1002. Report on assessment and plans for response to needs of homeless
veterans.
Sec. 1003. Increase in number of demonstration programs under Homeless Vet-
erans Comprehensive Service Programs Act of 1992.
Sec. 1004. Removal of funding requirement of Homeless Veterans Comprehen-
sive Service Programs Act of 1992.
Sec. 1005. Sense of Congress.
TITLE XI—REDUCTIONS IN DEPARTMENT OF VETERANS
AFFAIRS PERSONNEL
Sec. 1101. Findings.
Sec. 1102. Requirement for minimum number of full-time equivalent positions.
Sec. 1103. Enhanced authority to contract for necessary services.
Sec. 1104. Study.
TITLE XII—TECHNICAL AND CLERICAL AMENDMENTS.
Sec. 1201. Amendments to title 38, United States Code.
Sec. 1202. Amendments to other laws administered by Secretary of Veterans
Affairs.
Sec. 1203. Amendments to other laws.
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.
TITLE I—PERSIAN GULF WAR
VETERANS
SEC. 101. SHORT TITLE.
This Act may be cited as the ‘‘Persian Gulf War
Veterans’ Benefits Act’’.
SEC. 102. FINDINGS.
The Congress makes the following findings:
(1) During the Persian Gulf War, members of
the Armed Forces were exposed to numerous poten-
tially toxic substances, including fumes and smoke
from military operations, oil well fires, diesel ex-
haust, paints, pesticides, depleted uranium, infec-
tious agents, investigational drugs and vaccines, and
indigenous diseases, and were also given multiple im-
munizations. It is not known whether these
servicemembers were exposed to chemical or biologi-
cal warfare agents. However, threats of enemy use
of chemical and biological warfare heightened the
psychological stress associated with the military
operation.
(2) Significant numbers of veterans of the Per-
sian Gulf War are suffering from illnesses, or are ex-
hibiting symptoms of illness, that cannot now be di-
agnosed or clearly defined. As a result, many of
these conditions or illnesses are not considered to be
service connected under current law for purposes of
benefits administered by the Department of Veter-
ans Affairs.
(3) The National Institutes of Health Tech-
nology Assessment Workshop on the Persian Gulf
Experience and Health, held in April 1994, con-
cluded that the complex biological, chemical, phys-
ical, and psychological environment of the Southwest
Asia theater of operations produced complex adverse
health effects in Persian Gulf War veterans and that
no single disease entity or syndrome is apparent.
Rather, it may be that the illnesses suffered by those
veterans result from multiple illnesses with overlap-
ping symptoms and causes that have yet to be
defined.
(4) That workshop concluded that the informa-
tion concerning the range and intensity of exposure
to toxic substances by military personnel in the
Southwest Asia theater of operations is very limited
and that such information was collected only after a
considerable delay.
(5) In response to concerns regarding the
health-care needs of Persian Gulf War veterans, par-
ticularly those who suffer from illnesses or condi-
tions for which no diagnosis has been made, the
Congress, in Public Law 102–585, directed the es-
tablishment of a Persian Gulf War Veterans Health
Registry, authorized health examinations for veter-
ans of the Persian Gulf War, and provided for the
National Academy of Sciences to conduct a com-
prehensive review and assessment of information re-
garding the health consequences of military service
in the Persian Gulf theater of operations and to de-
velop recommendations on avenues for research re-
garding such health consequences. In Public Law
103–210, the Congress authorized the Department
of Veterans Affairs to provide health care services on
a priority basis to Persian Gulf War veterans. The
Congress also provided in Public Law 103–160 (the
National Defense Authorization Act for Fiscal Year
1994) for the establishment of a specialized environ-
mental medical facility for the conduct of research
into the possible health effects of exposure to low
levels of hazardous chemicals, especially among Per-
sian Gulf veterans, and for research into the possible
health effects of battlefield exposure in such veterans
to depleted uranium.
(6) In response to concerns about the lack of
objective research on Gulf War illnesses, Congress
included research provisions in the National Defense
Authorization Act for Fiscal Year 1995, which was
passed by the House and Senate in September 1994.
This legislation requires the Secretary of Defense to
provide research grants to non-Federal researchers
to support three types of studies of the Gulf War
syndrome. The first type of study will be an epide-
miological study or studies of the incidence, preva-
lence, and nature of the illness and symptoms and
the risk factors associated with symptoms or ill-
nesses. This will include illnesses among spouses and
birth defects and illnesses among offspring born be-
fore and after the Gulf War. The second group of
studies shall be conducted to determine the health
consequences of the use of pyridostigmine bromide
as a pretreatment antidote enhancer during the Per-
sian Gulf War, alone or in combination with expo-
sure to pesticides, environmental toxins, and other
hazardous substances. The final group of studies
shall include clinical research and other studies on
the causes, possible transmission, and treatment of
Gulf War syndrome, and will include studies of vet-
erans and their spouses and children.
(7) Further research and studies must be un-
dertaken to determine the underlying causes of the
illnesses suffered by Persian Gulf War veterans and,
pending the outcome of such research, veterans who
are seriously ill as the result of such illnesses should
be given the benefit of the doubt and be provided
compensation benefits to offset the impairment in
earnings capacities they may be experiencing.
SEC. 103. PURPOSES.
The purposes of this title are—
(1) to provide compensation to Persian Gulf
War veterans who suffer disabilities resulting from
illnesses that cannot now be diagnosed or defined,
and for which other causes cannot be identified;
(2) to require the Secretary of Veterans Affairs
to develop at the earliest possible date case assess-
ment strategies and definitions or diagnoses of such
illnesses;
(3) to promote greater outreach to Persian Gulf
War veterans and their families to inform them of
ongoing research activities, as well as the services
and benefits to which they are currently entitled;
and
(4) to ensure that research activities and ac-
companying surveys of Persian Gulf War veterans
are appropriately funded and undertaken by the De-
partment of Veterans Affairs.
SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PRO-
TOCOL.
(a) UNIFORM MEDICAL EVALUATION PROTOCOL.—
(1) The Secretary of Veterans Affairs shall develop and
implement a uniform and comprehensive medical evalua-
tion protocol that will ensure appropriate medical assess-
ment, diagnosis, and treatment of Persian Gulf War veter-
ans who are suffering from illnesses the origins of which
are (as of the date of the enactment of this Act) unknown
and that may be attributable to service in the Southwest
Asia theater of operations during the Persian Gulf War.
The protocol shall include an evaluation of complaints re-
lating to illnesses involving the reproductive system.
(2) If such a protocol is not implemented before the
end of the 120-day period beginning on the date of the
enactment of this Act, the Secretary shall, before the end
of such period, submit to the Committees on Veterans’ Af-
fairs of the Senate and House of Representatives a report
as to why such a protocol has not yet been developed.
(3)(A) The Secretary shall ensure that the evaluation
under the protocol developed under this section is available
at all Department medical centers that have the capability
of providing the medical assessment, diagnosis, and treat-
ment required under the protocol.
(B) The Secretary may enter into contracts with non-
Department medical facilities for the provision of the eval-
uation under the protocol.
(C) In the case of a veteran whose residence is distant
from a medical center described in subparagraph (A), the
Secretary may provide the evaluation through a Depart-
ment medical center described in that subparagraph and,
in such a case, may provide the veteran the travel and
incidental expenses therefor pursuant to the provisions of
section 111 of title 38, United States Code.
(4)(A) If the Secretary is unable to diagnose the
symptoms or illness of a veteran provided an evaluation,
or if the symptoms or illness of a veteran do not respond
to treatment provided by the Secretary, the Secretary may
use the authority in section 1703 of title 38, United States
Code, in order to provide for the veteran to receive diag-
nostic tests or treatment at a non-Department medical fa-
cility that may have the capability of diagnosing or treat-
ing the symptoms or illness of the veteran. The Secretary
may provide the veteran the travel and incidental expenses
therefor pursuant to the provisions of section 111 of title
38, United States Code.
(B) The Secretary shall request from each non-De-
partment medical facility that examines or treats a vet-
eran under this paragraph such information relating to
the diagnosis or treatment as the Secretary considers
appropriate.
(5) In each year after the implementation of the pro-
tocol, the Secretary shall enter into an agreement with the
National Academy of Sciences under which agreement ap-
propriate experts shall review the adequacy of the protocol
and its implementation by the Department of Veterans
Affairs.
(b) RELATIONSHIP
TO
OTHER
COMPREHENSIVE
CLINICAL EVALUATION PROTOCOLS.—The Secretary, in
consultation with the Secretary of Defense, shall ensure
that the information collected through the protocol de-
scribed in this section is collected and maintained in a
manner that permits the effective and efficient cross-ref-
be prepared in consultation with veterans service organiza-
tions.
(2) The requirement under this subsection for the
distribution of the newsletter shall terminate on December
31, 1999.
(c) TOLL-FREE NUMBER.—The outreach program
shall include establishment of a toll-free telephone number
to provide Persian Gulf War veterans and their families
information on the Persian Gulf War Veterans Health
Registry, health care and other benefits provided by the
Department of Veterans Affairs, and such other informa-
tion as the Secretary considers appropriate. Such toll-free
telephone number shall be established not later than 90
days after the date of the enactment of this Act.
SEC. 106. COMPENSATION BENEFITS FOR DISABILITY RE-
SULTING FROM ILLNESS ATTRIBUTED TO
SERVICE DURING THE PERSIAN GULF WAR.
(a) IN GENERAL.—(1) Chapter 11 is amended by
adding at the end of subchapter II the following new
section:
‘‘§ 1117. Compensation for disabilities occurring in
Persian Gulf War veterans
‘‘(a) The Secretary may pay compensation under this
subchapter to any Persian Gulf veteran suffering from a
chronic disability resulting from an undiagnosed illness (or
combination of undiagnosed illnesses) that—
‘‘(1) became manifest during service on active
duty in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War;
or
‘‘(2) became manifest to a degree of 10 percent
or more within the presumptive period prescribed
under subsection (b).
‘‘(b) The Secretary shall prescribe by regulation the
period of time following service in the Southwest Asia the-
ater of operations during the Persian Gulf War that the
Secretary determines is appropriate for presumption of
service connection for purposes of this section. The Sec-
retary’s determination of such period of time shall be
made following a review of any available credible medical
or scientific evidence and the historical treatment afforded
disabilities for which manifestation periods have been es-
tablished and shall take into account other pertinent cir-
cumstances regarding the experiences of veterans of the
Persian Gulf War.
‘‘(c)(1) The Secretary shall prescribe regulations to
carry out this section.
‘‘(2) Those regulations shall include the following:
‘‘(A) A description of the period and geographi-
cal area or areas of military service in connection
with which compensation under this section may be
paid.
‘‘(B) A description of the illnesses for which
compensation under this section may be paid.
‘‘(C) A description of any relevant medical
characteristic (such as a latency period) associated
with each such illness.
‘‘(d) A disability for which compensation under this
subchapter is payable shall be considered to be service con-
nected for purposes of all other laws of the United States.
‘‘(e) For purposes of this section, the term ‘Persian
Gulf veteran’ means a veteran who served on active duty
in the Armed Forces in the Southwest Asia theater of op-
erations during the Persian Gulf War.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 1116 the following new item:
‘‘1117. Compensation for disabilities occurring in Persian Gulf War veterans.’’.
(b) CONFORMING AMENDMENTS.—Section 1113 is
amended—
(1) by striking out ‘‘section 1112 or 1116’’ in
the first and third place it appears and inserting in
lieu thereof ‘‘section 1112, 1116, or 1117’’;
(2) by striking out ‘‘title’’ the second place it
appears and inserting in lieu thereof ‘‘title, or pay-
ments of compensation pursuant to section 1117 of
this title,’’; and
(3) by inserting ‘‘or disabilities’’ after ‘‘dis-
eases’’ both places it appears in subsection (a).
(c) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Af-
fairs of the Senate and House of Representatives a report
stating whether or not the Secretary intends to pay com-
pensation as provided in section 1117 of title 38, United
States Code, as added by subsection (a).
(d) REGULATIONS.—If the Secretary states in the re-
port under subsection (c) that the Secretary intends to
pay compensation as provided in section 1117 of title 38,
United States Code, as added by subsection (a), the Sec-
retary shall, not later than 30 days after the date on which
such report is submitted, publish in the Federal Register
proposed regulations under subsections (b) and (c) of that
section.
SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES
AND CHILDREN OF PERSIAN GULF WAR VET-
ERANS.
(a) EVALUATION PROGRAM.—Subject to subsection
(c), the Secretary of the Veterans Affairs shall conduct
a study to evaluate the health status of spouses and chil-
dren of Persian Gulf War veterans. Under the study, the
Secretary shall provide for the conduct of diagnostic test-
ing and appropriate medical examinations of any individ-
ual—
(1) who is the spouse or child of a veteran
who—
(A) is listed in the Persian Gulf War Vet-
erans Registry established under section 702 of
Public Law 102–585; and
(B) is suffering from an illness or disorder;
(2) who is apparently suffering from, or may
have suffered from, an illness or disorder (including
a birth defect, miscarriage, or stillbirth) which can-
not be disassociated from the veteran’s service in the
Southwest Asia theater of operations; and
(3) who, in the case of a spouse, has granted
the Secretary permission to include in the Registry
relevant medical data (including a medical history
and the results of diagnostic testing and medical ex-
aminations) and such other information as the Sec-
retary considers relevant and appropriate with re-
spect to such individual.
Such testing and examinations shall be carried out so as
to gather such medical data as the Secretary considers rel-
evant and appropriate in order to determine the nature
and extent of the association, if any, between illness or
disorder of the spouse or child and the illness of the
veteran.
(b) DURATION OF PROGRAM.—The program shall be
carried out during the period beginning on November 1,
1994, and ending on September 30, 1996.
(c) FUNDING LIMITATION.—The amount spent for
the program under subsection (a) may not exceed
$2,000,000.
(d) CONTRACTING.—The Secretary shall provide for
the conduct of testing and examinations under subsection
(a) through appropriate contract arrangements.
(e) STANDARD PROTOCOLS AND GUIDELINES.—The
Secretary shall seek to ensure uniform development of
medical data through the development of standard proto-
cols and guidelines for such testing and examinations. If
such protocols and guidelines have not been adopted be-
fore the end of the 120-day period beginning on the date
of the enactment of this Act, the Secretary shall, before
the end of such period, submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives
a report as to why such protocols and guidelines have not
yet been developed.
(f) ENTRY OF RESULTS IN REGISTRY.—The results
of diagnostic tests, medical histories, and medical exami-
nations conducted under subsection (a) shall be entered
into the Persian Gulf War Veterans Health Registry.
(g) OUTREACH.—The Secretary shall conduct such
outreach activities as the Secretary determines necessary
to ensure that implementation of this section results in
sufficient information to enable the Secretary—
(1) to analyze the health status of large num-
bers of spouses and children of Persian Gulf veter-
ans; and
(2) to formulate research hypotheses regarding
possible association between illnesses or disorders
suffered by Persian Gulf veterans and illnesses or
disorders (including birth defects, miscarriages, and
stillbirths) suffered by their spouses and children.
(h) USE OUTSIDE DEPARTMENT OF STANDARD PRO-
TOCOLS AND GUIDELINES.—The Secretary shall—
(1) make the standard protocols and guidelines
developed under this section available to any entity
which requests a copy of such protocols and guide-
lines; and
(2) enter into the registry the results of any ex-
amination of the spouse or child of a veteran who
served in the Persian Gulf theater which a licensed
physician certifies was conducted using those stand-
ard protocols and guidelines.
(i) REPORTS TO CONGRESS.—(1) The Secretary shall
submit to Congress no later than October 31, 1995, a re-
port on the Secretary’s implementation of this section.
(2) The Secretary shall analyze the data entered into
the registry under this section and shall submit to Con-
gress, not later than March 1, 1997, a report on that anal-
ysis and on the Secretary’s recommendation for any fur-
ther legislation or studies regarding the health status of
spouses and children of Persian Gulf War veterans.
(j) DEFINITIONS.—For purposes of this section, the
terms ‘‘child’’ and ‘‘spouse’’ have the meanings given
those terms in paragraphs (4) and (31), respectively, of
section 101 of title 38, United States Code.
SEC. 108. CLARIFICATION OF SCOPE OF HEALTH EXAMINA-
TIONS PROVIDED FOR VETERANS ELIGIBLE
FOR INCLUSION IN HEALTH-RELATED REG-
ISTRIES.
Section 703 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) by inserting ‘‘(including diagnostic tests)’’
after ‘‘examination’’ each place it appears other than
in subsection (a)(1)(A);
(2) in subsection (a)(1)(A)—
(A) by inserting ‘‘(including any appro-
priate diagnostic tests)’’ after ‘‘a health exam-
ination’’; and
(B) by inserting ‘‘and the tests’’ after ‘‘the
examination’’; and
(3) in subsection (a)(2), by inserting ‘‘(includ-
ing any diagnostic tests)’’ after ‘‘examinations’’.
SEC. 109. SURVEY OF PERSIAN GULF VETERANS.
(a) IN GENERAL.—The Secretary of Veterans Affairs
may carry out a survey of Persian Gulf veterans to gather
information on the incidence and nature of health prob-
lems occurring in Persian Gulf veterans and their families.
(b) COORDINATION WITH DEPARTMENT
OF DE-
FENSE.—Any survey under subsection (a) shall be carried
out in coordination with the Secretary of Defense.
(c) PERSIAN GULF VETERAN.—For purposes of this
section, a Persian Gulf veteran is an individual who served
on active duty in the Armed Forces in the Southwest Asia
theater of operations during the Persian Gulf War as de-
fined in section 101(33) of title 38, United States Code.
SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUD-
IES.
(a) STUDY OF HEALTH CONSEQUENCES OF PERSIAN
GULF SERVICE.—If the National Academy of Sciences in-
cludes in the report required by section 706(b) of the Vet-
erans Health Care Act of 1992 (Public Law 102–585) a
finding that there is a sound basis for an epidemiological
study or studies on the health consequences of service in
the Persian Gulf theater of operations during the Persian
Gulf War and recommends the conduct of such a study
or studies, the Secretary of Veterans Affairs is authorized
to carry out such study.
(b) OVERSIGHT.—(1) The Secretary shall seek to
enter into an agreement with the Medical Follow-Up
Agency (MFUA) of the Institute of Medicine of the Na-
tional Academy of Sciences for (A) the review of proposals
to conduct the research referred to in subsection (a), (B)
oversight of such research, and (C) review of the research
findings.
(2) If the Secretary is unable to enter into an agree-
ment under paragraph (1) with the entity specified in that
paragraph, the Secretary shall enter into an agreement de-
scribed in that paragraph with another appropriate sci-
entific organization which does not have a connection to
the Department of Veterans Affairs. In such a case, the
Secretary shall submit to the Committees on Veterans’ Af-
fairs of the Senate and House of Representatives, at least
90 days before the date on which the agreement is entered
into, notice in writing identifying the organization with
which the Secretary intends to enter into the agreement.
(c) ACCESS TO DATA.—The Secretary shall enter into
agreements with the Secretary of Defense and the Sec-
retary of Health and Human Services to make available
for the purposes of any study described in subsection (a)
all data that the Secretary, in consultation with the Na-
tional Academy of Sciences and the contractor for the
study, considers relevant to the study.
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Department such sums as are necessary
for the conduct of studies described in subsection (a).
SEC. 111. COST-SAVINGS PROVISIONS.
(a) ELECTION OF DEATH PENSION BY SURVIVING
SPOUSE.—Section 1317 is amended—
(1) by striking out ‘‘No person’’ and inserting
in lieu thereof ‘‘(a) Except as provided in subsection
(b), no person’’; and
(2) by adding at the end the following:
‘‘(b) A surviving spouse who is eligible for dependency
and indemnity compensation may elect to receive death
pension instead of such compensation.’’.
(b) POLICY REGARDING COST-OF-LIVING ADJUST-
MENT
IN COMPENSATION RATES
FOR FISCAL YEAR
1995.—The fiscal year 1995 cost-of-living adjustments in
the rates of and limitations for compensation payable
under chapter 11 of title 38, United States Code, and of
dependency and indemnity compensation payable under
chapter 13 of such title will be no more than a percentage
equal to the percentage by which benefit amounts payable
under title II of the Social Security Act (42 U.S.C. 401
et seq.) are increased effective December 1, 1994, as a
result of a determination under section 215(i) of such Act
(42 U.S.C. 415(i)), with all increased monthly rates and
limitations (other than increased rates or limitations equal
to a whole dollar amount) rounded down to the next lower
dollar.
TITLE II—BOARD OF VETERANS’
APPEALS ADMINISTRATION
SEC. 201. APPOINTMENT, PAY COMPARABILITY, AND PER-
FORMANCE REVIEWS FOR MEMBERS OF THE
BOARD OF VETERANS’ APPEALS.
(a) MEMBERS OTHER THAN CHAIRMAN.—(1) Chap-
ter 71 is amended by inserting after section 7101 the fol-
lowing new section:
‘‘§ 7101A. Members of Board: appointment; pay; per-
formance review
‘‘(a) The members of the Board of Veterans’ Appeals
other than the Chairman (and including the Vice Chair-
man) shall be appointed by the Secretary, with the ap-
proval of the President, based upon recommendations of
the Chairman.
‘‘(b) Members of the Board (other than the Chairman
and any member of the Board who is a member of the
Senior Executive Service) shall, in accordance with regula-
tions prescribed by the Secretary, be paid basic pay at
rates equivalent to the rates payable under section 5372
of title 5.
‘‘(c)(1)(A) The Chairman shall establish a panel to
review the performance of members of the Board. The
panel shall be comprised of the Chairman and two other
members of the Board (other than the Vice Chairman).
The Chairman shall periodically rotate membership on the
panel so as to ensure that each member of the Board
(other than the Vice Chairman) serves as a member of
the panel for and within a reasonable period.
‘‘(B) Not less than one year after the job perform-
ance standards under subsection (f) are initially estab-
lished, and not less often than once every three years
thereafter, the performance review panel shall determine,
with respect to each member of the Board (other than the
Chairman or a member who is a member of the Senior
Executive Service), whether that member’s job perform-
ance as a member of the Board meets the performance
standards for a member of the Board established under
subsection (f). Each such determination shall be in writ-
ing.
‘‘(2) If the determination of the performance review
panel in any case is that the member’s job performance
as a member of the Board meets the performance stand-
ards for a member of the Board established under sub-
section (f), the Chairman shall recertify the member’s ap-
pointment as a member of the Board.
‘‘(3) If the determination of the performance review
panel in any case is that the member’s job performance
does not meet the performance standards for a member
of the Board established under subsection (f), the Chair-
man shall, based upon the individual circumstances,
either—
‘‘(A) 
grant 
the 
member 
a 
conditional
recertification; or
‘‘(B) recommend to the Secretary that the
member be noncertified.
‘‘(4) In the case of a member of the Board who is
granted a conditional recertification under paragraph
(3)(A) or (5)(A), the performance review panel shall re-
view the member’s job performance record and make a
further determination under paragraph (1) concerning
that member not later than one year after the date of the
conditional recertification. If the determination of the per-
formance review panel at that time is that the member’s
job performance as a member of the Board still does not
meet the performance standards for a member of the
Board established under subsection (f), the Chairman
shall recommend to the Secretary that the member be
noncertified.
‘‘(5) In a case in which the Chairman recommends
to the Secretary under paragraph (3) or (4) that a mem-
ber be noncertified, the Secretary, after considering the
recommendation of the Chairman, may either—
‘‘(A) 
grant 
the 
member 
a 
conditional
recertification; or
‘‘(B) determine that the member should be
noncertified.
‘‘(d)(1) If the Secretary, based upon the rec-
ommendation of the Chairman, determines that a member
of the Board should be noncertified, that member’s ap-
pointment as a member of the Board shall be terminated
and that member shall be removed from the Board.
‘‘(2) Upon removal from the Board under paragraph
(1), a member of the Board (other than the Chairman)
who was a career or career-conditional employee in the
civil service before commencement of service as a member
of the Board shall revert to the civil service grade and
series held by the member immediately before the appoint-
ment of the member to the Board.
‘‘(e)(1) A member of the Board (other than the
Chairman or a member of the Senior Executive Service)
may be removed as a member of the Board by reason of
job performance only as provided in subsections (c) and
(d). Such a member may be removed by the Secretary,
upon the recommendation of the Chairman, for any other
reason as determined by the Secretary.
‘‘(2) In the case of a removal of a member under this
section for a reason other than job performance that would
be covered by section 7521 of title 5 in the case of an
administrative law judge, the removal of the member of
the Board shall be carried out subject to the same require-
ments as apply to removal of an administrative law judge
under that section. Section 554(a)(2) of title 5 shall not
apply to a removal action under this subsection. In such
a removal action, a member shall have the rights set out
in section 7513(b) of that title.
‘‘(f) The Chairman, subject to the approval of the
Secretary, shall establish standards for the performance
of the job of a member of the Board (other than the Chair-
man or a member of the Senior Executive Service). Those
standards shall establish objective and fair criteria for
evaluation of the job performance of a member of the
Board.
‘‘(g) The Secretary shall prescribe procedures for the
administration of this section, including deadlines and
time schedules for different actions under this section.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 7101 the following new item:
‘‘7101A. Members of Board: appointment; pay; performance review.’’.
(b) SAVE PAY PROVISION.—The rate of basic pay
payable to an individual who is a member of the Board
of Veterans’ Appeals on the date of the enactment of this
Act may not be reduced by reason of the amendments
made by this section to a rate below the rate payable to
such individual on the day before such date.
(c) EFFECTIVE DATE.—Section 7101A(b) of title 38,
United States Code, as added by subsection (a), shall take
effect on the first day of the first pay period beginning
after December 31, 1994.
(d) CONFORMING AMENDMENTS.—Section 7101(b) is
amended—
(1) by striking out paragraph (2);
(2) by designating as paragraph (2) the text in
paragraph (1) beginning ‘‘The Chairman may be re-
moved’’; and
(3) by striking out ‘‘Members (including the
Chairman)’’ in paragraph (3) and inserting in lieu
thereof ‘‘The Chairman’’.
SEC. 202. DEADLINE FOR ESTABLISHMENT OF PERFORM-
ANCE EVALUATION CRITERIA FOR BOARD
MEMBERS.
(a) DEADLINE.—The job performance standards re-
quired to be established by section 7101A(f) of title 38,
United States Code, as added by section 201(a), shall be
established not later than 90 days after the date of the
enactment of this Act.
(b) SUBMISSION
TO
CONGRESSIONAL
COMMIT-
TEES.—Not later than the date on which the standards
referred to in subsection (a) take effect, the Secretary of
Veterans Affairs shall submit to the Committees on Veter-
ans’ Affairs of the Senate and House of Representatives
a report describing the standards established by the Chair-
man of the Board of Veterans’ Appeals.
SEC. 203. CONTINUATION IN OFFICE OF CHAIRMAN PEND-
ING APPOINTMENT OF SUCCESSOR.
Section 7101(b)(3) is amended by adding at the end
the following new sentence: ‘‘If, upon the expiration of the
term of office for which the Chairman was appointed, the
position of Chairman would become vacant, the individual
serving as Chairman may, with the approval of the Sec-
retary, continue to serve as Chairman until either ap-
pointed to another term or a successor is appointed, but
not beyond the end of the Congress during which the term
of office expired.’’.
TITLE III—ADJUDICATION
IMPROVEMENTS
SEC. 301. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR
CLAIMS PURPOSES.
(a) STATEMENTS OF CLAIMANT TO BE ACCEPTED
AS PROOF OF RELATIONSHIPS.—Chapter 51 is amended
by adding at the end the following new section:
‘‘§ 5124. Acceptance of claimant’s statement as proof
of relationship
‘‘(a) For purposes of benefits under laws adminis-
tered by the Secretary, the Secretary may accept the writ-
ten statement of a claimant as proof of the existence of
any relationship specified in subsection (b) for the purpose
of acting on such individual’s claim for benefits.
‘‘(b) Subsection (a) applies to proof of the existence
of any of the following relationships between a claimant
and another person:
‘‘(1) Marriage.
‘‘(2) Dissolution of a marriage.
‘‘(3) Birth of a child.
‘‘(4) Death of any family member.
‘‘(c) The Secretary may require the submission of
documentation in support of the claimant’s statement if—
‘‘(1) the claimant does not reside within a
State;
‘‘(2) the statement on its face raises a question
as to its validity;
‘‘(3) there is conflicting information of record;
or
‘‘(4) there is reasonable indication, in the state-
ment or otherwise, of fraud or misrepresentation.’’.
(b) REPORTS OF EXAMINATIONS BY PRIVATE PHYSI-
CIANS.—Such chapter, as amended by subsection (a), is
further amended by adding at the end the following new
section:
‘‘§ 5125. Acceptance of reports of private physician
examinations
‘‘For purposes of establishing any claim for benefits
under chapter 11 or 15 of this title, a report of a medical
examination administered by a private physician that is
provided by a claimant in support of a claim for benefits
under that chapter may be accepted without a requirement
for confirmation by an examination by a physician em-
ployed by the Veterans Health Administration if the re-
port is sufficiently complete to be adequate for the purpose
of adjudicating such claim.’’.
(c) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new items:
‘‘5124. Acceptance of claimant’s statement as proof of relationship.
‘‘5125. Acceptance of reports of private physician examinations.’’.
SEC. 302. EXPEDITED TREATMENT OF REMANDED CLAIMS.
The Secretary of Veterans Affairs shall take such ac-
tions as may be necessary to provide for the expeditious
treatment, by the Board of Veterans’ Appeals and by the
regional offices of the Veterans Benefits Administration,
of any claim that has been remanded by the Board of Vet-
erans’ Appeals or by the United States Court of Veterans
Appeals for additional development or other appropriate
action.
SEC. 303. SCREENING OF APPEALS.
Section 7107 is amended—
(1) in subsection (a)(1), by striking out ‘‘Each
case’’ and inserting in lieu thereof ‘‘Except as pro-
vided in subsection (f), each case’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) Nothing in this section shall preclude the screen-
ing of cases for purposes of—
‘‘(1) determining the adequacy of the record for
decisional purposes; or
‘‘(2) the development, or attempted develop-
ment, of a record found to be inadequate for
decisional purposes.’’.
SEC. 304. REPORT ON FEASIBILITY OF REORGANIZATION
OF ADJUDICATION DIVISIONS IN VBA RE-
GIONAL OFFICES.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans’ Affairs of the Sen-
ate and House of Representatives a report addressing the
feasibility and impact of a reorganization of the adjudica-
tion divisions located within the regional offices of the Vet-
erans Benefits Administration to a number of such divi-
sions that would result in improved efficiency in the proc-
essing of claims filed by veterans, their survivors, or other
eligible persons for benefits administered by the Secretary.
TITLE IV—VETERANS’ CLAIMS
ADJUDICATION COMMISSION
SEC. 401. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT
OF COMMISSION.—There is
hereby established a commission to be known as the Veter-
ans’ Claims Adjudication Commission (hereinafter in this
title referred to as the ‘‘commission’’).
(b) MEMBERSHIP.—(1) The commission shall be
composed of nine members, appointed by the Secretary of
Veterans Affairs as follows:
(A) One member shall be appointed from
among former officials of the Department of Veter-
ans Affairs (or the Veterans’ Administration).
(B) Two members shall be appointed from
among individuals in the private sector who have ex-
pertise in the adjudication of claims relating to in-
surance or similar benefits.
(C) Two members shall be appointed from
among individuals employed in the Federal Govern-
ment (other than the Department of Veterans Af-
fairs) who have expertise in the adjudication of
claims for benefits under Federal law other than
under laws administered by the Secretary of Veter-
ans Affairs.
(D) Two members shall be appointed from
among individuals recommended to the Secretary by
representatives of veterans service organizations.
(E) One member shall be appointed based on a
recommendation of the American Bar Association or
a similar private organization from among individ-
uals who have expertise in the field of administrative
law.
(F) One member shall be appointed from
among current officials of the Department of Veter-
ans Affairs.
(2) The appointment of members of the commission
under this subsection shall be made not later than Feb-
ruary 1, 1995.
(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers of the commission shall be appointed for the life of
the commission. A vacancy in the commission shall not
affect its powers, but shall be filled in the same manner
as the original appointment.
(d) INITIAL MEETING.—The commission shall hold
its first meeting not later than 30 days after the date on
which all members of the commission have been appointed.
(e) MEETINGS.—The commission shall meet at the
call of the chairman.
(f) QUORUM.—A majority of the members of the com-
mission shall constitute a quorum, but a lesser number
may hold hearings.
(g) CHAIRMAN.—The Secretary shall designate a
member of the commission (other than the commission
member who is a current official of the Department of
Veterans Affairs) to be chairman of the commission.
SEC. 402. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The commission shall carry out
a study of the Department of Veterans Affairs system for
the disposition of claims for veterans benefits.
(b) PURPOSE OF STUDY.—The purpose of the study
is to evaluate the Department of Veterans Affairs system
for the disposition of claims for veterans benefits in order
to determine the following:
(1) The efficiency of current processes and pro-
cedures under the system for the adjudication, reso-
lution, review, and final disposition of claims for vet-
erans benefits, including the effect of judicial review
on the system, and means of increasing the effi-
ciency of the system.
(2) Means of reducing the number of claims
under the system for which final disposition is pend-
ing.
(3) Means of enhancing the ability of the De-
partment of Veterans Affairs to achieve final deter-
mination regarding claims under the system in a
prompt and appropriate manner.
(c) CONTENTS OF STUDY.—The study to be carried
out by the commission under this section is a comprehen-
sive evaluation and assessment of the Department of Vet-
erans Affairs system for the disposition of claims for veter-
ans benefits (as defined in section 406) and of the system
for the delivery of such benefits, together with any related
issues that the commission determines are relevant to the
study. The study shall include an evaluation and assess-
ment of the following:
(1) The preparation and submission of claims
by veterans under the system.
(2) The processes and procedures under the
system for the disposition of claims, including—
(A) the scope and nature of the review un-
dertaken with respect to a claim at each stage
in the claims disposition process, including the
role of hearings throughout the process;
(B) the number, Federal employment
grade, and experience and qualifications re-
quired of the persons undertaking such review
at each such stage;
(C) opportunities for the submittal of new
evidence; and
(D) the availability of alternative means of
completing claims.
(3) The effect on the system of the participa-
tion of attorneys, members of veterans service orga-
nizations, and other advocates on behalf of veterans.
(4) The effect on the system of actions taken
by the Secretary to modernize the information man-
agement system of the Department, including the
use of electronic data management systems.
(5) The effect on the system of any work per-
formance standards used by the Secretary at re-
gional offices of the Department and at the Board
of Veterans’ Appeals.
(6) The extent of the implementation in the
system of the recommendations of the Blue Ribbon
Panel on Claims Processing submitted to the Com-
mittees on Veterans’ Affairs of the Senate and
House of Representatives on December 2, 1993, and
the effect of such implementation on the system.
(7) The effectiveness in improving the system of
any pilot programs carried out by the Secretary at
regional offices of the Department and of efforts by
the Secretary to implement such programs through-
out the system.
(8) The effectiveness of the quality control
practices and quality assurance practices under the
system in achieving the goals of such practices.
(d) COOPERATION OF SECRETARY.—Upon the re-
quest of the chairman of the commission, the Secretary
shall, within 30 days of such request, submit to the com-
mission, and to the Committees on Veterans’ Affairs of
the Senate and House of Representatives, such informa-
tion as the chairman shall determine is necessary for the
commission to carry out the study required under this
section.
(e) REPORTS.—(1) Not later than one year after the
date of the enactment of this Act, the commission shall
submit to the Secretary and to the Committees on Veter-
ans’ Affairs of the Senate and House of Representatives
a preliminary report on the study required under sub-
section (c). The report shall contain the preliminary find-
ings and conclusions of the commission with respect to the
evaluation and assessment required under the study.
(2) Not later than 18 months after such date, the
commission shall submit to the Secretary and to such com-
mittees a report on such study. The report shall include
the following:
(A) The findings and conclusions of the com-
mission, including its findings and conclusions with
respect to the matters referred to in subsection (c).
(B) The recommendations of the commission
for means of improving the Department of Veterans
Affairs system for the disposition of claims for veter-
ans benefits.
(C) Such other information and recommenda-
tions with respect to the system as the commission
considers appropriate.
SEC. 403. POWERS OF THE COMMISSION.
(a) HEARINGS.—The commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the commission
considers advisable to carry out the purposes of this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—In
addition to the information referred to in section 402(d),
the commission may secure directly from any Federal de-
partment or agency such information as the commission
considers necessary to carry out the provisions of this title.
Upon request of the chairman of the commission, the head
of such department or agency shall furnish such informa-
tion to the commission.
(c) POSTAL SERVICES.—The commission may use the
United States mails in the same manner and under the
same conditions as other departments and agencies of the
Federal Government.
(d) GIFTS.—The commission may accept, use, and
dispose of gifts or donations of services or property.
SEC. 404. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of
the commission who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay pre-
scribed for level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code, for each day (in-
cluding travel time) during which such member is engaged
in the performance of the duties of the commission. All
members of the commission who are officers or employees
of the United States shall serve without compensation in
addition to that received for their services as officers or
employees of the United States.
(b) TRAVEL EXPENSES.—The members of the com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the commission.
(c) STAFF.—(1) The chairman of the commission
may, without regard to the civil service laws and regula-
tions, appoint an executive director and such other person-
nel as may be necessary to enable the commission to per-
form its duties. The appointment of an executive director
shall be subject to approval by the commission.
(2) The chairman of the commission may fix the com-
pensation of the executive director and other personnel
without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate pay-
able for level V of the Executive Schedule under section
5316 of such title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon
request of the chairman of the commission, the head of
any Federal department or agency may detail, on a
nonreimbursable basis, any personnel of the department
or agency to the commission to assist it in carrying out
its duties.
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The chairman of the commission may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
SEC. 405. TERMINATION OF THE COMMISSION.
The commission shall terminate 90 days after the
date on which the commission submits its report under
section 402(e)(2).
SEC. 406. DEFINITIONS.
For the purposes of this title:
(1) The term ‘‘Department of Veterans Affairs
system for the disposition of claims for veterans ben-
efits’’ means the processes and procedures of the
Department of Veterans Affairs for the adjudication,
resolution, review, and final disposition of claims for
benefits under the laws administered by the Sec-
retary.
(2) The term ‘‘Secretary’’ means the Secretary
of Veterans Affairs.
(3) The term ‘‘veterans service organizations’’
means any organization approved by the Secretary
under section 5902(a) of title 38, United States
Code.
SEC. 407. FUNDING.
(a) FISCAL YEAR 1995.—From amounts appro-
priated to the Department of Veterans Affairs for fiscal
year 1995 for the payment of compensation and pension,
the amount of $400,000 is hereby made available for the
activities of the commission under this title.
(b) AVAILABILITY.—Any sums appropriated to the
commission shall remain available until expended.
TITLE V—MISCELLANEOUS
PROVISIONS
SEC. 501. RESTATEMENT OF INTENT OF CONGRESS CON-
CERNING 
COVERAGE 
OF 
RADIATION-EX-
POSED VETERANS COMPENSATION ACT OF
1988.
(a) RESTATEMENT
OF ABSENCE
OF STATUTORY
LIMITATION TO UNITED STATES TESTS.—Clause (i) of
section 1112(c)(3)(B) is amended by inserting ‘‘(without
regard to whether the nation conducting the test was the
United States or another nation)’’ after ‘‘nuclear device’’.
(b) PROOF OF SERVICE CONNECTION OF DISABIL-
ITIES RELATING
TO EXPOSURE
TO IONIZING RADI-
ATION.—(1) Section 1113(b) is amended—
(A) by striking out ‘‘title or’’ and inserting in
lieu thereof ‘‘title,’’; and
(B) by inserting ‘‘, or section 5 of Public Law
98–542 (38 U.S.C. 1154 note)’’ after ‘‘of this sec-
tion’’.
(2) The amendments made by paragraph (1) shall
apply with respect to applications for veterans benefits
that are submitted to the Secretary of Veterans Affairs
after the date of the enactment of this Act.
SEC. 502. EXTENSION OF AUTHORITY TO MAINTAIN RE-
GIONAL OFFICE IN THE PHILIPPINES.
Section 315(b) is amended by striking out ‘‘Decem-
ber 31, 1994’’ and inserting in lieu thereof ‘‘December 31,
1999’’.
SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS.
Section 5306 is amended by adding at the end the
following new subsection:
‘‘(c) Notwithstanding subsection (b), if a new applica-
tion for pension under chapter 15 of this title or for de-
pendency and indemnity compensation for parents under
section 1315 of this title is filed within one year after
renouncement of that benefit, such application shall not
be treated as an original application and benefits will be
payable as if the renouncement had not occurred.’’.
SEC. 504. CLARIFICATION OF PAYMENT OF ATTORNEY FEES
UNDER CONTINGENT FEE AGREEMENTS.
(a) CLARIFICATION.—Subparagraph (A) of section
5904(d)(2) is amended to read as follows:
‘‘(A) A fee agreement referred to in paragraph (1)
is one under which the total amount of the fee payable
to the attorney—
‘‘(i) is to be paid to the attorney by the Sec-
retary directly from any past-due benefits awarded
on the basis of the claim; and
‘‘(ii) is contingent on whether or not the matter
is resolved in a manner favorable to the claimant.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to fee agreements
entered into on or after the date of the enactment of this
Act.
SEC. 505. CODIFICATION OF HERBICIDE-EXPOSURE PRE-
SUMPTIONS 
ESTABLISHED 
ADMINISTRA-
TIVELY.
Section 1116(a)(2) is amended by adding at the end
the following new subparagraphs:
‘‘(D) Hodgkin’s disease becoming manifest to a
degree of disability of 10 percent or more.
‘‘(E) Porphyria cutanea tarda becoming mani-
fest to a degree of disability of 10 percent or more
within a year after the last date on which the vet-
eran performed active military, naval, or air service
in the Republic of Vietnam during the Vietnam era.
‘‘(F) Respiratory cancers (cancer of the lung,
bronchus, larynx, or trachea) becoming manifest to
a degree of 10 percent or more within 30 years after
the last date on which the veteran performed active
military, naval, or air service in the Republic of Viet-
nam during the Vietnam era.
‘‘(G) Multiple myeloma becoming manifest to a
degree of disability of 10 percent or more.’’.
SEC. 506. TREATMENT OF CERTAIN INCOME OF ALASKA NA-
TIVES FOR PURPOSES OF NEEDS-BASED BEN-
EFITS.
Any receipt by an individual from a Native Corpora-
tion under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) of cash, stock, land, or other interests
referred to in subparagraphs (A) through (E) of section
29(c) of that Act (43 U.S.C. 1626(c)) (whether such re-
ceipt is attributable to the disposition of real property,
profits from the operation of real property, or otherwise)
shall not be countable as income for purposes of any law
administered by the Secretary of Veterans Affairs.
SEC. 507. ELIMINATION OF REQUIREMENT FOR PAYMENT
OF 
CERTAIN 
BENEFITS 
IN 
PHILIPPINE
PESOS.
(a) GENERAL RULE.—The second sentence of each
of subsections (a) and (b) of section 107 is amended—
(1) by striking out ‘‘rate in pesos as is equiva-
lent to’’ and inserting in lieu thereof ‘‘rate of’’; and
(2) by striking out ‘‘rate in Philippine pesos as
is equivalent to’’ and inserting in lieu thereof ‘‘rate
of’’.
(b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL
ASSISTANCE.—Sections 3532(d) and 3565(b)(1) are
amended by striking out ‘‘a rate in Philippine pesos equiv-
alent to’’ and inserting in lieu thereof ‘‘the rate of’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to payments made
after December 31, 1994.
SEC. 508. STUDY OF HEALTH CONSEQUENCES FOR FAMILY
MEMBERS OF ATOMIC VETERANS OF EXPO-
SURE OF ATOMIC VETERANS TO IONIZING RA-
DIATION.
(a) INTERAGENCY AGREEMENT.—The Secretary of
Veterans Affairs shall enter into an agreement with the
Medical Follow-Up Agency of the Institute of the Medicine
of the National Academy of Sciences under which that
agency shall convene a panel of appropriate individuals to
carry out the evaluation described in subsection (b).
(b) EVALUATION OF FEASIBILITY OF STUDY.—(1)
The panel convened under subsection (a) shall evaluate the
feasibility of carrying out a study as described in sub-
section (c).
(2) The panel shall submit the results of the evalua-
tion under paragraph (1) to the Secretary not later than
180 days after the date of the enactment of this Act. The
Secretary shall promptly notify the Committees on Veter-
ans’ Affairs of the Senate and the House of Representa-
tives of such results.
(c) DESCRIPTION OF STUDY TO BE EVALUATED.—
The study referred to in subsection (b) (the feasibility of
which is to be evaluated under that subsection by the
panel convened under subsection (a)) is one which would
determine the nature and extent, if any, of the relationship
between the exposure of veterans described in subsection
(d) to ionizing radiation and the following:
(1) Genetic defects and illnesses in the children
and grandchildren of such veterans.
(2) Untoward pregnancy outcomes experienced
by the wives of such veterans, including premature
births, stillbirths, miscarriages, neonatal illnesses
and deaths.
(3) Periparturient diseases of the mother which
are the direct result of such untoward pregnancy
outcomes.
(d) COVERED VETERANS.—Subsection (c) applies
to—
(1) any veteran who was exposed (as deter-
mined by the Secretary) to ionizing radiation as a
result of—
(A) participation while on active duty in
the Armed Forces in an atmospheric nuclear
test that included the detonation of a nuclear
device;
(B) service in the Armed Forces with the
United States occupation force of Hiroshima or
Nagasaki, Japan, before July 1, 1946; or
(C) internment or detention as a prisoner
of war of Japan before that date in cir-
cumstances providing the opportunity for expo-
sure to ionizing radiation comparable to the ex-
posure of individuals who served with such oc-
cupation force before that date; and
(2) any other veteran who the Secretary des-
ignates for coverage under the study.
SEC. 509. CENTER FOR MINORITY VETERANS AND CENTER
FOR WOMEN VETERANS.
(a) IN GENERAL.—Chapter 3 is amended by striking
out section 317 and inserting in lieu thereof the following
new sections:
‘‘§ 317. Center for Minority Veterans
‘‘(a) There is in the Department a Center for Minor-
ity Veterans. There is at the head of the Center a Direc-
tor.
‘‘(b) The Director shall be a noncareer appointee in
the Senior Executive Service. The Director shall be ap-
pointed for a term of six years.
‘‘(c) The Director reports directly to the Secretary
or the Deputy Secretary concerning the activities of the
Center.
‘‘(d) The Director shall perform the following func-
tions with respect to veterans who are minorities:
‘‘(1) Serve as principal adviser to the Secretary
on the adoption and implementation of policies and
programs affecting veterans who are minorities.
‘‘(2) Make recommendations to the Secretary,
the Under Secretary for Health, the Under Sec-
retary for Benefits, and other Department officials
for the establishment or improvement of programs in
the Department for which veterans who are minori-
ties are eligible.
‘‘(3) Promote the use of benefits authorized by
this title by veterans who are minorities and the con-
duct of outreach activities to veterans who are mi-
norities, in conjunction with outreach activities car-
ried out under chapter 77 of this title.
‘‘(4) Disseminate information and serve as a re-
source center for the exchange of information re-
garding innovative and successful programs which
improve the services available to veterans who are
minorities.
‘‘(5) Conduct and sponsor appropriate social
and demographic research on the needs of veterans
who are minorities and the extent to which programs
authorized under this title meet the needs of those
veterans, without regard to any law concerning the
collection of information from the public.
‘‘(6) Analyze and evaluate complaints made by
or on behalf of veterans who are minorities about
the adequacy and timeliness of services provided by
the Department and advise the appropriate official
of the Department of the results of such analysis or
evaluation.
‘‘(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that as-
sist veterans, to encourage those officials to adopt
policies which promote the use of those programs by
veterans who are minorities.
‘‘(8) Advise the Secretary when laws or policies
have the effect of discouraging the use of benefits by
veterans who are minorities.
‘‘(9) Publicize the results of medical research
which are of particular significance to veterans who
are minorities.
‘‘(10) Perform such other duties consistent with
this section as the Secretary shall prescribe.
‘‘(e) The Secretary shall ensure that the Director is
furnished sufficient resources to enable the Director to
carry out the functions of the Center in a timely manner.
‘‘(f) The Secretary shall include in documents sub-
mitted to Congress by the Secretary in support of the
President’s budget for each fiscal year—
‘‘(1) detailed information on the budget for the
Center;
‘‘(2) the Secretary’s opinion as to whether the
resources (including the number of employees) pro-
posed in the budget for that fiscal year are adequate
to enable the Center to comply with its statutory
and regulatory duties; and
‘‘(3) a report on the activities and significant
accomplishments of the Center during the preceding
fiscal year.
‘‘§ 318. Center for Women Veterans
‘‘(a) There is in the Department a Center for Women
Veterans. There is at the head of the Center a Director.
‘‘(b) The Director shall be a noncareer appointee in
the Senior Executive Service. The Director shall be ap-
pointed for a term of six years.
‘‘(5) Conduct and sponsor appropriate social
and demographic research on the needs of veterans
who are women and the extent to which programs
authorized under this title meet the needs of those
veterans, without regard to any law concerning the
collection of information from the public.
‘‘(6) Analyze and evaluate complaints made by
or on behalf of veterans who are women about the
adequacy and timeliness of services provided by the
Department and advise the appropriate official of
the Department of the results of such analysis or
evaluation.
‘‘(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that as-
sist veterans, to encourage those officials to adopt
policies which promote the use of those programs by
veterans who are women.
‘‘(8) Advise the Secretary when laws or policies
have the effect of discouraging the use of benefits by
veterans who are women.
‘‘(9) Publicize the results of medical research
which are of particular significance to veterans who
are women.
‘‘(10) Advise the Secretary and other appro-
priate officials on the effectiveness of the Depart-
ment’s efforts to accomplish the goals of section
492B of the Public Health Service Act (relating to
the inclusion of women and minorities in clinical re-
search) and of particular health conditions affecting
women’s health which should be studied as part of
the Department’s medical research program and
promote cooperation between the Department and
other sponsors of medical research of potential bene-
fit to veterans who are women.
‘‘(11) Provide support and administrative serv-
ices to the Advisory Committee on Women Veterans
established under section 542 of this title.
‘‘(12) Perform such other duties consistent with
this section as the Secretary shall prescribe.
‘‘(e) The Secretary shall ensure that the Director is
furnished sufficient resources to enable the Director to
carry out the functions of the Center in a timely manner.
‘‘(f) The Secretary shall include in documents sub-
mitted to Congress by the Secretary in support of the
President’s budget for each fiscal year—
‘‘(1) detailed information on the budget for the
Center;
‘‘(2) the Secretary’s opinion as to whether the
resources (including the number of employees) pro-
posed in the budget for that fiscal year are adequate
to enable the Center to comply with its statutory
and regulatory duties; and
‘‘(3) a report on the activities and significant
accomplishments of the Center during the preceding
fiscal year.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by striking
out the item relating to section 317 and inserting in lieu
thereof the following new items:
‘‘317. Center for Minority Veterans.
‘‘318. Center for Women Veterans.’’.
SEC. 510. ADVISORY COMMITTEE ON MINORITY VETERANS.
(a) ESTABLISHMENT.—Subchapter III of chapter 5
is amended by adding at the end the following new section:
‘‘§ 544. Advisory Committee on Minority Veterans
‘‘(a)(1) The Secretary shall establish an advisory
committee to be known as the Advisory Committee on Mi-
nority Veterans (hereinafter in this section referred to as
‘the Committee’).
‘‘(2)(A) The Committee shall consist of members ap-
pointed by the Secretary from the general public, includ-
ing—
‘‘(i) representatives of veterans who are minor-
ity group members;
‘‘(ii) individuals who are recognized authorities
in fields pertinent to the needs of veterans who are
minority group members;
‘‘(iii) veterans who are minority group members
and who have experience in a military theater of op-
erations; and
‘‘(iv) veterans who are minority group members
and who do not have such experience.
‘‘(B) The Committee shall include, as ex officio mem-
bers, the following:
‘‘(i) The Secretary of Labor (or a representative
of the Secretary of Labor designated by the Sec-
retary after consultation with the Assistant Sec-
retary of Labor for Veterans’ Employment).
‘‘(ii) The Secretary of Defense (or a representa-
tive of the Secretary of Defense designated by the
Secretary of Defense).
‘‘(iii) The Secretary of the Interior (or a rep-
resentative of the Secretary of the Interior des-
ignated by the Secretary of the Interior).
‘‘(iv) The Secretary of Commerce (or a rep-
resentative of the Secretary of Commerce designated
by the Secretary of Commerce).
‘‘(v) The Secretary of Health and Human Serv-
ices (or a representative of the Secretary of Health
and Human Services designated by the Secretary of
Health and Human Services).
‘‘(vi) The Under Secretary for Health and the
Under Secretary for Benefits, or their designees.
‘‘(C) The Secretary may invite representatives of
other departments and agencies of the United States to
participate in the meetings and other activities of the
Committee.
‘‘(3) The Secretary shall determine the number,
terms of service, and pay and allowances of members of
the Committee appointed by the Secretary, except that a
term of service of any such member may not exceed three
years. The Secretary may reappoint any such member for
additional terms of service.
‘‘(4) The Committee shall meet as often as the Sec-
retary considers necessary or appropriate, but not less
often than twice each fiscal year.
‘‘(b) The Secretary shall, on a regular basis, consult
with and seek the advice of the Committee with respect
to the administration of benefits by the Department for
veterans who are minority group members, reports and
studies pertaining to such veterans and the needs of such
veterans with respect to compensation, health care, reha-
bilitation, outreach, and other benefits and programs ad-
ministered by the Department.
‘‘(c)(1) Not later than July 1 of each year, the Com-
mittee shall submit to the Secretary a report on the pro-
grams and activities of the Department that pertain to
veterans who are minority group members. Each such re-
port shall include—
‘‘(A) an assessment of the needs of veterans
who are minority group members with respect to
compensation, health care, rehabilitation, outreach,
and other benefits and programs administered by
the Department;
‘‘(B) a review of the programs and activities of
the Department designed to meet such needs; and
‘‘(C) such recommendations (including rec-
ommendations for administrative and legislative ac-
tion) as the Committee considers appropriate.
‘‘(2) The Secretary shall, within 60 days after receiv-
ing each report under paragraph (1), submit to Congress
a copy of the report, together with any comments concern-
ing the report that the Secretary considers appropriate.
‘‘(3) The Committee may also submit to the Sec-
retary such other reports and recommendations as the
Committee considers appropriate.