In the Senate of the United States,
October 7 (legislative day, September 12), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4386) entitled ‘‘An Act to amend title 38, United
States Code, authorizing the Secretary of Veterans Affairs to
provide compensation to veterans suffering from disabilities
resulting from illnesses attrituted to service in the Persian
Gulf theater of operations during the Persian Gulf War, to
provide for increased research into illnesses reported by Per-
sian Gulf War veterans, and for other purposes’’, do pass
with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Vet-
erans’ 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.
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Sec. 108. Clarification of scope of health examinations provided for veterans eligi-
ble 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 members
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-Ex-
posed 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 administra-
tively.
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 disabil-
ities.
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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.
Sec. 703. Conforming amendments to ERISA relating to the Uniformed Services
Employment and Reemployment Rights Act of 1994.
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 veter-
ans.
Sec. 1003. Increase in number of demonstration programs under Homeless Veter-
ans Comprehensive Service Programs Act of 1992.
Sec. 1004. Removal of funding requirement of Homeless Veterans Comprehensive
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.
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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 Af-
fairs.
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 provision,
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 Veter-
ans’ 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 exhaust,
paints, 
pesticides, 
depleted 
uranium, 
infectious
agents, investigational drugs and vaccines, and indig-
enous diseases, and were also given multiple immuni-
zations. It is not known whether these servicemembers
were exposed to chemical or biological warfare agents.
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However, threats of enemy use of chemical and bio-
logical warfare heightened the psychological stress as-
sociated 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 Veterans Affairs.
(3) The National Institutes of Health Technology
Assessment Workshop on the Persian Gulf Experience
and Health, held in April 1994, concluded that the
complex biological, chemical, physical, and psycho-
logical 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 overlapping 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
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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, particularly
those who suffer from illnesses or conditions for which
no diagnosis has been made, the Congress, in Public
Law 102–585, directed the establishment of a Persian
Gulf War Veterans Health Registry, authorized health
examinations for veterans of the Persian Gulf War,
and provided for the National Academy of Sciences to
conduct a comprehensive review and assessment of in-
formation regarding the health consequences of mili-
tary service in the Persian Gulf theater of operations
and to develop recommendations on avenues for re-
search regarding such health consequences. In Public
Law 103–210, the Congress authorized the Depart-
ment of Veterans Affairs to provide health care serv-
ices 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 envi-
ronmental medical facility for the conduct of research
into the possible health effects of exposure to low levels
of hazardous chemicals, especially among Persian
Gulf veterans, and for research into the possible health
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effects of battlefield exposure in such veterans to de-
pleted uranium.
(6) In response to concerns about the lack of ob-
jective research on Gulf War illnesses, Congress in-
cluded 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 syn-
drome. The first type of study will be an epidemiolog-
ical study or studies of the incidence, prevalence, and
nature of the illness and symptoms and the risk fac-
tors associated with symptoms or illnesses. This will
include illnesses among spouses and birth defects and
illnesses among offspring born before and after the
Gulf War. The second group of studies shall be con-
ducted to determine the health consequences of the use
of pyridostigmine bromide as a pretreatment antidote
enhancer during the Persian Gulf War, alone or in
combination with exposure to pesticides, environ-
mental 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 in-
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clude studies of veterans and their spouses and chil-
dren.
(7) Further research and studies must be under-
taken to determine the underlying causes of the ill-
nesses 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 com-
pensation benefits to offset the impairment in earn-
ings 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 assessment
strategies and definitions or diagnoses of such ill-
nesses;
(3) to promote greater outreach to Persian Gulf
War veterans and their families to inform them of on-
going research activities, as well as the services and
benefits to which they are currently entitled; and
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(4) to ensure that research activities and accom-
panying surveys of Persian Gulf War veterans are
appropriately funded and undertaken by the Depart-
ment of Veterans Affairs.
SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTO-
COL.
(a) UNIFORM MEDICAL EVALUATION PROTOCOL.—(1)
The Secretary of Veterans Affairs shall develop and imple-
ment a uniform and comprehensive medical evaluation pro-
tocol that will ensure appropriate medical assessment, diag-
nosis, and treatment of Persian Gulf War veterans 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 relating to illnesses in-
volving 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 en-
actment of this Act, the Secretary shall, before the end of
such period, submit to the Committees on Veterans’ Affairs
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
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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 inci-
dental expenses therefor pursuant to the provisions of sec-
tion 111 of title 38, United States Code.
(4)(A) If the Secretary is unable to diagnose the symp-
toms or illness of a veteran provided an evaluation, or if
the symptoms or illness of a veteran do not respond to treat-
ment 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 diagnostic tests
or treatment at a non-Department medical facility that
may have the capability of diagnosing or treating the symp-
toms or illness of the veteran. The Secretary may provide
the veteran the travel and incidental expenses therefor pur-
suant to the provisions of section 111 of title 38, United
States Code.
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(B) The Secretary shall request from each non-Depart-
ment medical facility that examines or treats a veteran
under this paragraph such information relating to the diag-
nosis or treatment as the Secretary considers appropriate.
(5) In each year after the implementation of the proto-
col, 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 Af-
fairs.
(b) RELATIONSHIP TO OTHER COMPREHENSIVE CLINI-
CAL EVALUATION PROTOCOLS.—The Secretary, in consulta-
tion with the Secretary of Defense, shall ensure that the in-
formation collected through the protocol described in this
section is collected and maintained in a manner that per-
mits the effective and efficient cross-reference of that infor-
mation with information collected and maintained through
the comprehensive clinical protocols of the Department of
Defense for Persian Gulf War veterans.
(c) CASE DEFINITIONS AND DIAGNOSES.—The Sec-
retary shall develop case definitions or diagnoses for ill-
nesses associated with the service described in subsection
(a)(1). The Secretary shall develop such definitions or diag-
noses at the earliest possible date.
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SEC. 105. OUTREACH TO PERSIAN GULF VETERANS.
(a) IN GENERAL.—The Secretary of Veterans Affairs
shall implement a comprehensive outreach program to in-
form Persian Gulf War veterans and their families of the
medical care and other benefits that may be provided by
the Department of Veterans Affairs and the Department of
Defense arising from service in the Persian Gulf War.
(b) NEWSLETTER.—(1) The outreach program shall in-
clude a newsletter which shall be updated and distributed
at least semi-annually and shall be distributed to the veter-
ans listed on the Persian Gulf War Veterans Health Reg-
istry. The newsletter shall include summaries of the status
and findings of Government sponsored research on illnesses
of Persian Gulf War veterans and their families, as well
as on benefits available to such individuals through the De-
partment of Veterans Affairs. The newsletter shall be pre-
pared in consultation with veterans service organizations.
(2) The requirement under this subsection for the dis-
tribution 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 Reg-
istry, health care and other benefits provided by the Depart-
ment of Veterans Affairs, and such other information as the
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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 add-
ing 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 thea-
ter 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 pe-
riod of time following service in the Southwest Asia theater
of operations during the Persian Gulf War that the Sec-
retary determines is appropriate for presumption of service
connection for purposes of this section. The Secretary’s de-
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termination of such period of time shall be made following
a review of any available credible medical or scientific evi-
dence and the historical treatment afforded disabilities for
which manifestation periods have been established and shall
take into account other pertinent circumstances 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 com-
pensation under this section may be paid.
‘‘(C) A description of any relevant medical char-
acteristic (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 oper-
ations during the Persian Gulf War.’’.
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(2) The table of sections at the beginning of such chap-
ter 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 ap-
pears and inserting in lieu thereof ‘‘title, or payments
of compensation pursuant to section 1117 of this
title,’’; and
(3) by inserting ‘‘or disabilities’’ after ‘‘diseases’’
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 Af-
fairs shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives a report stating
whether or not the Secretary intends to pay compensation
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 Secretary shall,
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not later than 30 days after the date on which such report
is submitted, publish in the Federal Register proposed regu-
lations 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 children of Per-
sian Gulf War veterans. Under the study, the Secretary
shall provide for the conduct of diagnostic testing and ap-
propriate medical examinations of any individual—
(1) who is the spouse or child of a veteran who—
(A) is listed in the Persian Gulf War Veter-
ans 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 cannot
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 rel-
evant medical data (including a medical history and
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the results of diagnostic testing and medical examina-
tions) and such other information as the Secretary
considers relevant and appropriate with respect 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 medi-
cal data through the development of standard protocols and
guidelines for such testing and examinations. If such proto-
cols and guidelines have not been adopted before the end
of the 120-day period beginning on the date of the enact-
ment of this Act, the Secretary shall, before the end of such
period, submit to the Committees on Veterans’ Affairs of
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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 examina-
tions 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 suffi-
cient information to enable the Secretary—
(1) to analyze the health status of large numbers
of spouses and children of Persian Gulf veterans; and
(2) to formulate research hypotheses regarding
possible association between illnesses or disorders suf-
fered by Persian Gulf veterans and illnesses or dis-
orders (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
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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 report
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 Congress,
not later than March 1, 1997, a report on that analysis
and on the Secretary’s recommendation for any further leg-
islation 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—
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(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 ‘‘(including
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 problems
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.
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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 Veter-
ans Health Care Act of 1992 (Public Law 102–585) a find-
ing that there is a sound basis for an epidemiological study
or studies on the health consequences of service in the Per-
sian 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 National Acad-
emy 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 Sec-
retary shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives, at least 90 days
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before the date on which the agreement is entered into, no-
tice 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 Secretary
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 National Acad-
emy 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 ADJUSTMENT
IN COMPENSATION RATES FOR FISCAL YEAR 1995.—The
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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 in-
demnity compensation payable under chapter 13 of such
title will be no more than a percentage equal to the percent-
age 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 in-
creased 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) Chapter
71 is amended by inserting after section 7101 the following
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 approval
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of the President, based upon recommendations of the Chair-
man.
‘‘(b) Members of the Board (other than the Chairman
and any member of the Board who is a member of the Sen-
ior Executive Service) shall, in accordance with regulations
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 re-
view 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 Chair-
man 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 performance
standards under subsection (f) are initially established, and
not less often than once every three years thereafter, the per-
formance review panel shall determine, with respect to each
member of the Board (other than the Chairman or a mem-
ber who is a member of the Senior Executive Service),
whether that member’s job performance as a member of the
Board meets the performance standards for a member of
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the Board established under subsection (f). Each such deter-
mination shall be in writing.
‘‘(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 standards
for a member of the Board established under subsection (f),
the Chairman shall recertify the member’s appointment 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 Chairman shall,
based upon the individual circumstances, either—
‘‘(A) 
grant 
the 
member 
a 
conditional
recertification; or
‘‘(B) recommend to the Secretary that the mem-
ber 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 review
the member’s job performance record and make a further
determination under paragraph (1) concerning that mem-
ber not later than one year after the date of the conditional
recertification. If the determination of the performance re-
view panel at that time is that the member’s job perform-
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ance as a member of the Board still does not meet the per-
formance 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 member
be noncertified, the Secretary, after considering the rec-
ommendation 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 recommenda-
tion of the Chairman, determines that a member of the
Board should be noncertified, that member’s appointment
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 appointment of the
member to the Board.
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‘‘(e)(1) A member of the Board (other than the Chair-
man or a member of the Senior Executive Service) may
be removed as a member of the Board by reason of job per-
formance only as provided in subsections (c) and (d). Such
a member may be removed by the Secretary, upon the rec-
ommendation of the Chairman, for any other reason as de-
termined 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 admin-
istrative law judge, the removal of the member of the Board
shall be carried out subject to the same requirements 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 ac-
tion, a member shall have the rights set out in section
7513(b) of that title.
‘‘(f) The Chairman, subject to the approval of the Sec-
retary, shall establish standards for the performance of the
job of a member of the Board (other than the Chairman
or a member of the Senior Executive Service). Those stand-
ards shall establish objective and fair criteria for evaluation
of the job performance of a member of the Board.
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‘‘(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 chap-
ter 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 pay-
able to an individual who is a member of the Board of Vet-
erans’ 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’’.
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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, Unit-
ed States Code, as added by section 201(a), shall be estab-
lished not later than 90 days after the date of the enactment
of this Act.
(b) SUBMISSION TO CONGRESSIONAL COMMITTEES.—
Not later than the date on which the standards referred to
in subsection (a) take effect, the Secretary of Veterans Af-
fairs shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives a report describ-
ing the standards established by the Chairman 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.’’.
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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 administered
by the Secretary, the Secretary may accept the written
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 doc-
umentation in support of the claimant’s statement if—
‘‘(1) the claimant does not reside within a State;
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‘‘(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 fur-
ther 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 report
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.’’.
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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 Veter-
ans’ Appeals or by the United States Court of Veterans Ap-
peals for additional development or other appropriate ac-
tion.
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 screening
of cases for purposes of—
‘‘(1) determining the adequacy of the record for
decisional purposes; or
‘‘(2) the development, or attempted development,
of a record found to be inadequate for decisional
purposes.’’.
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SEC. 304. REPORT ON FEASIBILITY OF REORGANIZATION OF
ADJUDICATION DIVISIONS IN VBA REGIONAL
OFFICES.
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans’ Affairs of the Senate and
House of Representatives a report addressing the feasibility
and impact of a reorganization of the adjudication divi-
sions located within the regional offices of the Veterans Ben-
efits Administration to a number of such divisions that
would result in improved efficiency in the processing 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 here-
by established a commission to be known as the Veterans’
Claims Adjudication Commission (hereinafter in this title
referred to as the ‘‘commission’’).
(b) MEMBERSHIP.—(1) The commission shall be com-
posed of nine members, appointed by the Secretary of Veter-
ans Affairs as follows:
(A) One member shall be appointed from among
former officials of the Department of Veterans Affairs
(or the Veterans’ Administration).
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(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 Government
(other than the Department of Veterans Affairs) who
have expertise in the adjudication of claims for bene-
fits under Federal law other than under laws admin-
istered by the Secretary of Veterans 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 Veterans Af-
fairs.
(2) The appointment of members of the commission
under this subsection shall be made not later than February
1, 1995.
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(c) PERIOD OF APPOINTMENT; VACANCIES.—Members
of the commission shall be appointed for the life of the com-
mission. A vacancy in the commission shall not affect its
powers, but shall be filled in the same manner as the origi-
nal 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 mem-
ber of the commission (other than the commission member
who is a current official of the Department of Veterans Af-
fairs) 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:
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(1) The efficiency of current processes and proce-
dures under the system for the adjudication, resolu-
tion, review, and final disposition of claims for veter-
ans benefits, including the effect of judicial review on
the system, and means of increasing the efficiency 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 Depart-
ment of Veterans Affairs to achieve final determina-
tion 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 comprehensive
evaluation and assessment of the Department of Veterans
Affairs system for the disposition of claims for veterans ben-
efits (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 assessment of
the following:
(1) The preparation and submission of claims by
veterans under the system.
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(2) The processes and procedures under the sys-
tem 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 required 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 participation
of attorneys, members of veterans service organiza-
tions, and other advocates on behalf of veterans.
(4) The effect on the system of actions taken by
the Secretary to modernize the information manage-
ment 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 regional
offices of the Department and at the Board of Veter-
ans’ Appeals.
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(6) The extent of the implementation in the sys-
tem of the recommendations of the Blue Ribbon Panel
on Claims Processing submitted to the Committees on
Veterans’ Affairs of the Senate and House of Rep-
resentatives 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 throughout
the system.
(8) The effectiveness of the quality control prac-
tices and quality assurance practices under the sys-
tem in achieving the goals of such practices.
(d) COOPERATION OF SECRETARY.—Upon the request
of the chairman of the commission, the Secretary shall,
within 30 days of such request, submit to the commission,
and to the Committees on Veterans’ Affairs of the Senate
and House of Representatives, such information 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 sub-
mit to the Secretary and to the Committees on Veterans’
Affairs of the Senate and House of Representatives a pre-
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liminary report on the study required under subsection (c).
The report shall contain the preliminary findings and con-
clusions of the commission with respect to the evaluation
and assessment required under the study.
(2) Not later than 18 months after such date, the com-
mission shall submit to the Secretary and to such commit-
tees a report on such study. The report shall include the
following:
(A) The findings and conclusions of the commis-
sion, including its findings and conclusions with re-
spect to the matters referred to in subsection (c).
(B) The recommendations of the commission for
means of improving the Department of Veterans Af-
fairs system for the disposition of claims for veterans
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 hear-
ings, sit and act at such times and places, take such testi-
mony, and receive such evidence as the commission consid-
ers advisable to carry out the purposes of this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—In ad-
dition to the information referred to in section 402(d), the
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commission may secure directly from any Federal depart-
ment or agency such information as the commission consid-
ers 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 information 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 dis-
pose 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 section
5315 of title 5, United States Code, for each day (including
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 Unit-
ed States shall serve without compensation in addition to
that received for their services as officers or employees of
the United States.
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(b) TRAVEL EXPENSES.—The members of the commis-
sion shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for employees 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 commis-
sion.
(c) STAFF.—(1) The chairman of the commission may,
without regard to the civil service laws and regulations, ap-
point an executive director and such other personnel as may
be necessary to enable the commission to perform 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 with-
out regard to the provisions of chapter 51 and subchapter
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 payable for
level V of the Executive Schedule under section 5316 of such
title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re-
quest of the chairman of the commission, the head of any
Federal department or agency may detail, on a
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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 bene-
fits’’ means the processes and procedures of the De-
partment of Veterans Affairs for the adjudication, res-
olution, review, and final disposition of claims for
benefits under the laws administered by the Secretary.
(2) The term ‘‘Secretary’’ means the Secretary of
Veterans Affairs.
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(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 appropriated
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 LIMI-
TATION 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 DISABILITIES
RELATING TO EXPOSURE TO IONIZING RADIATION.—(1)
Section 1113(b) is amended—
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(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 section’’.
(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 ‘‘December
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 fol-
lowing new subsection:
‘‘(c) Notwithstanding subsection (b), if a new applica-
tion for pension under chapter 15 of this title or for depend-
ency 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.’’.
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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 sub-
section (a) shall apply with respect to fee agreements en-
tered 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 veteran
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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 mili-
tary, naval, or air service in the Republic of Vietnam
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 receipt
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 adminis-
tered by the Secretary of Veterans Affairs.
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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 AS-
SISTANCE.—Sections 3532(d) and 3565(b)(1) are amended
by striking out ‘‘a rate in Philippine pesos equivalent 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 De-
cember 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 Vet-
erans 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).
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(b) EVALUATION OF FEASIBILITY OF STUDY.—(1) The
panel convened under subsection (a) shall evaluate the fea-
sibility of carrying out a study as described in subsection
(c).
(2) The panel shall submit the results of the evaluation
under paragraph (1) to the Secretary not later than 180
days after the date of the enactment of this Act. The Sec-
retary shall promptly notify the Committees on Veterans’
Affairs of the Senate and the House of Representatives 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 con-
vened 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 ioniz-
ing 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.
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(3) Periparturient diseases of the mother which
are the direct result of such untoward pregnancy out-
comes.
(d) COVERED VETERANS.—Subsection (c) applies to—
(1) any veteran who was exposed (as determined
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 circumstances
providing the opportunity for exposure to ioniz-
ing radiation comparable to the exposure of indi-
viduals who served with such occupation force
before that date; and
(2) any other veteran who the Secretary des-
ignates for coverage under the study.
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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 Minority
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.
‘‘(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 functions
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 Secretary for
Benefits, and other Department officials for the estab-
lishment or improvement of programs in the Depart-
ment for which veterans who are minorities are eligi-
ble.
‘‘(3) Promote the use of benefits authorized by
this title by veterans who are minorities and the con-
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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 regard-
ing innovative and successful programs which im-
prove the services available to veterans who are mi-
norities.
‘‘(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 vet-
erans, without regard to any law concerning the col-
lection 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 evalua-
tion.
‘‘(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that assist
veterans, to encourage those officials to adopt policies
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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 fur-
nished 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 submit-
ted to Congress by the Secretary in support of the Presi-
dent’s budget for each fiscal year—
‘‘(1) detailed information on the budget for the
Center;
‘‘(2) the Secretary’s opinion as to whether the re-
sources (including the number of employees) proposed
in the budget for that fiscal year are adequate to en-
able the Center to comply with its statutory and regu-
latory duties; and
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‘‘(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.
‘‘(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 functions
with respect to veterans who are women:
‘‘(1) Serve as principal adviser to the Secretary
on the adoption and implementation of policies and
programs affecting veterans who are women.
‘‘(2) Make recommendations to the Secretary, the
Under Secretary for Health, the Under Secretary for
Benefits, and other Department officials for the estab-
lishment or improvement of programs in the Depart-
ment for which veterans who are women are eligible.
‘‘(3) Promote the use of benefits authorized by
this title by veterans who are women and the conduct
of outreach activities to veterans who are women, in
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conjunction with outreach activities carried out under
chapter 77 of this title.
‘‘(4) Disseminate information and serve as a re-
source center for the exchange of information regard-
ing innovative and successful programs which im-
prove the services available to veterans who are
women.
‘‘(5) Conduct and sponsor appropriate social
and demographic research on the needs of veterans
who are women and the extent to which programs au-
thorized under this title meet the needs of those veter-
ans, without regard to any law concerning the collec-
tion 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 evalua-
tion.
‘‘(7) Consult with, and provide assistance and
information to, officials responsible for administering
Federal, State, local, and private programs that assist
veterans, to encourage those officials to adopt policies
which promote the use of those programs by veterans
who are women.
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‘‘(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 Department’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 research) and of
particular health conditions affecting womens’ health
which should be studied as part of the Department’s
medical research program and promote cooperation
between the Department and other sponsors of medi-
cal research of potential benefit 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 fur-
nished sufficient resources to enable the Director to carry
out the functions of the Center in a timely manner.
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‘‘(f) The Secretary shall include in documents submit-
ted to Congress by the Secretary in support of the Presi-
dent’s budget for each fiscal year—
‘‘(1) detailed information on the budget for the
Center;
‘‘(2) the Secretary’s opinion as to whether the re-
sources (including the number of employees) proposed
in the budget for that fiscal year are adequate to en-
able the Center to comply with its statutory and regu-
latory 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 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 com-
mittee to be known as the Advisory Committee on Minority
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Veterans (hereinafter in this section referred to as ‘the Com-
mittee’).
‘‘(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 minority
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 Secretary
after consultation with the Assistant Secretary of
Labor for Veterans’ Employment).
‘‘(ii) The Secretary of Defense (or a representa-
tive of the Secretary of Defense designated by the Sec-
retary of Defense).
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‘‘(iii) The Secretary of the Interior (or a rep-
resentative of the Secretary of the Interior designated
by the Secretary of the Interior).
‘‘(iv) The Secretary of Commerce (or a represent-
ative 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 partici-
pate 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 Com-
mittee 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.
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‘‘(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 veter-
ans who are minority group members, reports and studies
pertaining to such veterans and the needs of such veterans
with respect to compensation, health care, rehabilitation,
outreach, and other benefits and programs administered by
the Department.
‘‘(c)(1) Not later than July 1 of each year, the Commit-
tee shall submit to the Secretary a report on the programs
and activities of the Department that pertain to veterans
who are minority group members. Each such report shall
include—
‘‘(A) an assessment of the needs of veterans who
are minority group members with respect to com-
pensation, health care, rehabilitation, outreach, and
other benefits and programs administered by the De-
partment;
‘‘(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
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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 Secretary
such other reports and recommendations as the Committee
considers appropriate.
‘‘(4) The Secretary shall submit with each annual re-
port submitted to the Congress pursuant to section 529 of
this title a summary of all reports and recommendations
of the Committee submitted to the Secretary since the pre-
vious annual report of the Secretary submitted pursuant
to such section.
‘‘(d) In this section, the term ‘minority group member’
means an individual who is—
‘‘(1) Asian American;
‘‘(2) Black;
‘‘(3) Hispanic;
‘‘(4) Native American (including American In-
dian, Alaskan Native, and Native Hawaiian); or
‘‘(5) Pacific-Islander American.
‘‘(e) The Committee shall cease to exist December 31,
1997.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding after
the item relating to section 543 the following new item:
‘‘544. Advisory Committee on Minority Veterans.’’.
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SEC. 511. MAILING OF NOTICES OF APPEAL TO THE COURT
OF VETERANS APPEALS.
(a) IN GENERAL.—Section 7266(a) is amended to read
as follows:
‘‘(a)(1) In order to obtain review by the Court of Veter-
ans Appeals of a final decision of the Board of Veterans’
Appeals, a person adversely affected by such decision shall
file a notice of appeal with the Court within 120 days after
the date on which notice of the decision is mailed pursuant
to section 7104(e) of this title.
‘‘(2) An appellant shall file a notice of appeal under
this section by delivering or mailing the notice to the Court.
‘‘(3) A notice of appeal shall be deemed to be received
by the Court as follows:
‘‘(A) On the date of receipt by the Court, if the
notice is delivered.
‘‘(B) On the date of the United States Post Serv-
ice postmark stamped on the cover in which the notice
is posted, if the notice is properly addressed to the
Court and is mailed.
‘‘(4) For a notice of appeal mailed to the Court to be
deemed to be received under paragraph (3)(B) on a particu-
lar date, the United States Postal Service postmark on the
cover in which the notice is posted must be legible. The
Court shall determine the legibility of any such postmark
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and the Court’s determination as to legibility shall be final
and not subject to review by any other Court.’’.
(b) APPLICATION.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act and shall apply to notices of appeal that are
delivered or mailed to the United States Court of Veterans
Appeals on or after that date.
TITLE VI—EDUCATION AND
TRAINING PROGRAMS
SEC. 601. FLIGHT TRAINING.
(a) ACTIVE DUTY PROGRAM.—Section 3034(d) is
amended—
(1) by striking out paragraph (2);
(2) by striking out ‘‘(1)’’ after ‘‘(d)’’; and
(3) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively.
(b) POST-VIETNAM ERA.—Section 3241(b) is amend-
ed—
(1) by striking out paragraph (2);
(2) by striking out ‘‘(1)’’ after ‘‘(b)’’; and
(3) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively.
(c) RESERVE PROGRAM.—Section 2136(c) of title 10,
United States Code, is amended—
(1) by striking out paragraph (2);
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(2) by striking out ‘‘(1)’’ after ‘‘(c)’’; and
(3) by redesignating subparagraphs (A), (B),
and (C) as paragraphs (1), (2), and (3), respectively.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect as of October 1, 1994.
SEC. 602. TRAINING AND REHABILITATION FOR VETERANS
WITH SERVICE-CONNECTED DISABILITIES.
(a) REHABILITATION RESOURCES.—Section 3115 is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking out ‘‘or’’ after ‘‘(includ-
ing the Department of Veterans Affairs),’’;
and
(ii) by inserting ‘‘or of any federally
recognized Indian tribe,’’ after ‘‘financial
assistance,’’; and
(B) in paragraph (4), by inserting ‘‘any
federally recognized Indian tribe,’’ after ‘‘con-
tributions,’’; and
(2) by adding at the end the following:
‘‘(c) For purposes of this section, the term ‘federally
recognized Indian tribe’ means any Indian tribe, band, na-
tion, pueblo, or other organized group or community, in-
cluding any Alaska Native village or regional corporation
HR 4386 EAS
as defined in or established pursuant to the Alaska Native
Claims Settlement Act, which is recognized as eligible for
the special programs and services provided by the United
States to Indians because of their status as Indians.’’.
(b) ALLOWANCES.—Section 3108(c)(2) is amended by
inserting ‘‘or federally recognized Indian tribe’’ after ‘‘local
government agency’’.
(c) TECHNICAL CORRECTION.—(1) Section 404(b) of
the Veterans’ Benefits Act of 1992 (106 Stat. 4338) is
amended by striking out the period at the end and inserting
in lieu thereof ‘‘, but shall not apply to veterans and other
persons who originally applied for assistance under chapter
31 of title 38, United States Code, before November 1,
1990.’’.
(2) The amendment made by paragraph (1) shall take
effect as of October 29, 1992.
SEC. 603. ALTERNATIVE TEACHER CERTIFICATION PRO-
GRAMS.
(a) IN GENERAL.—Section 3452(c) is amended by add-
ing at the end the following: ‘‘For the period ending on Sep-
tember 30, 1996, such term includes any entity that pro-
vides training required for completion of any State-ap-
proved alternative teacher certification program (as deter-
mined by the Secretary).’’.
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(b) CLARIFYING
AMENDMENT.—Section 3002 is
amended by adding at the end the following new paragraph:
‘‘(8) The term ‘educational institution’ has the mean-
ing given such term in section 3452(c) of this title.’’.
SEC. 604. EDUCATION OUTSIDE THE UNITED STATES.
(a) IN GENERAL.—The first sentence of section 3476
is amended to read as follows: ‘‘An eligible veteran may
not enroll in any course offered by an educational institu-
tion not located in a State unless that educational institu-
tion is an approved institution of higher learning and the
course is approved by the Secretary.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to courses approved on
or after the date of the enactment of this Act.
SEC. 605. CORRESPONDENCE COURSES.
(a) APPROVAL OF PROGRAMS OF EDUCATION.—(1)
Section 3672 is amended by adding at the end the following
new subsection:
‘‘(e) A program of education exclusively by correspond-
ence, and the correspondence portion of a combination cor-
respondence-residence course leading to a vocational objec-
tive, that is offered by an educational institution (as de-
fined in section 3452(c) of this title) may be approved only
if (1) the educational institution is accredited by an entity
recognized by the Secretary of Education, and (2) at least
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50 percent of those pursuing such a program or course re-
quire six months or more to complete the program or
course.’’.
(2)(A) Section 3675(a)(2)(B) is amended by striking
out ‘‘A State’’ and inserting in lieu thereof ‘‘Except as pro-
vided in section 3672(e) of this title, a State’’.
(B) Section 3680(a) is amended—
(i) by inserting ‘‘or’’ at the end of paragraph
(2);
(ii) by striking out ‘‘; or’’ at the end of para-
graph (3) and inserting in lieu thereof a period; and
(iii) by striking out paragraph (4).
(C) Section 3686(c) is amended by striking out ‘‘(other
than one subject to the provisions of section 3676 of this
title)’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall apply with respect to programs of edu-
cation exclusively by correspondence and to correspondence-
residence courses commencing more than 90 days after the
date of the enactment of this Act.
SEC. 606. STATE APPROVING AGENCIES.
(a) REIMBURSEMENT.—(1) Section 3674(a)(4) is
amended by striking out ‘‘$12,000,000’’ each place it ap-
pears and inserting in lieu thereof ‘‘$13,000,000’’.
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(2) The amendments made by subsection (a) shall
apply with respect to services provided under such section
after September 30, 1994.
(b) ELIMINATION OF REQUIREMENT FOR QUARTERLY
REPORT TO CONGRESS.—Section 3674(a)(3) is amended—
(1) by striking out subparagraph (B); and
(2) by striking out ‘‘(A)’’ after ‘‘(3)’’.
(c) EVALUATION OF AGENCY PERFORMANCE.—Section
3674A is amended—
(1) in subsection (a)—
(A) by striking out paragraph (3); and
(B) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively; and
(2) in subsection (b)—
(A) by striking out ‘‘subsection (a)(5) of
this section’’ both places it appears and inserting
in lieu thereof ‘‘subsection (a)(4)’’; and
(B) by inserting ‘‘of this title’’ after ‘‘section
3674(a)’’ both places it appears.
SEC. 607. MEASUREMENT OF COURSES.
Section 3688(b) is amended—
(1) by striking out ‘‘this chapter or’’ and insert-
ing in lieu thereof ‘‘this chapter,’’; and
(2) by inserting before the period at the end
thereof the following: ‘‘, or chapter 106 of title 10’’.
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SEC. 608. VETERANS’ ADVISORY COMMITTEE ON EDU-
CATION.
Section 3692 is amended—
(1) in the first sentence of subsection (a)—
(A) by striking out ‘‘34,’’; and
(B) by inserting ‘‘and chapter 106 of title
10’’ before the period at the end;
(2) in the first sentence of subsection (b), by
striking out ‘‘this chapter’’ and all that follows
through ‘‘of this title’’ and inserting in lieu thereof
‘‘this chapter, chapter 30, 32, and 35 of this title, and
chapter 106 of title 10’’; and
(3) in subsection (c), by striking out ‘‘December
31, 1994’’ and inserting in lieu thereof ‘‘December 31,
2003’’.
SEC. 609. CONTRACT EDUCATIONAL AND VOCATIONAL
COUNSELING.
(a) 
PAYMENT
LIMITATION.—Section 
3697(b) 
is
amended by striking out ‘‘$5,000,000’’ and inserting in lieu
thereof ‘‘$6,000,000’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 1994.
SEC. 610. SERVICE MEMBERS OCCUPATIONAL CONVERSION
AND TRAINING ACT OF 1992.
(a) PERIOD OF TRAINING.—(1) Section 4485(d) of the
Service Members Occupational Conversion and Training
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Act of 1992 (106 Stat. 2759; 10 U.S.C. 1143 note) is
amended by striking out ‘‘or more than 18 months’’.
(2)(A) Section 4486(d)(2) of such Act (102 Stat. 2760;
10 U.S.C. 1143 note) is amended by striking out the period
at the end thereof and inserting in lieu thereof the following:
‘‘in the community for the entire period of training of the
eligible person.’’.
(B) The amendment made by subparagraph (A) shall
apply with respect to programs of training under the Serv-
ice Members Occupational Conversion and Training Act of
1992 beginning after the date of the enactment of this Act.
(b) PAYMENTS.—Section 4487 of such Act (106 Stat.
2762; 10 U.S.C. 1143 note) is amended—
(1) in subsection (a)(1)—
(A) by striking out ‘‘subparagraph (B)’’ in
subparagraph (A) and inserting in lieu thereof
‘‘subparagraphs (B) and (C)’’;
(B) by inserting before the period at the end
of subparagraph (A) the following: ‘‘but in no
event to exceed hours equivalent to 18 months of
training’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(C) Assistance may be paid under this subtitle on be-
half of an eligible person to that person’s employer for
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training under two or more programs of job training under
this subtitle if such employer has not received (or is not
due) on that person’s behalf assistance in an amount aggre-
gating the applicable amount set forth in subparagraph
(B).’’; and
(2) in subsection (b)(3), by inserting before the
period at the end thereof ‘‘, or upon the completion
of the 18th month of training under the last training
program approved for the person’s pursuit with that
employer under this subtitle, whichever is earlier’’.
(c) ENTRY INTO PROGRAM OF JOB TRAINING.—Sec-
tion 4488(a) of such Act (106 Stat. 2764; 10 U.S.C. 1143
note) is amended by striking out the third sentence thereof
and inserting in lieu thereof ‘‘The eligible person may begin
such program of job training with the employer on the day
that notice is transmitted to such official by means pre-
scribed by such official. However, assistance under this sub-
title may not be provided to the employer if such official,
within two weeks after the date on which such notice is
transmitted, disapproves the eligible person’s entry into
that program of job training in accordance with this sec-
tion.’’.
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TITLE VII—EMPLOYMENT
PROGRAMS
SEC. 701. JOB COUNSELING, TRAINING, AND PLACEMENT.
(a) DEPUTY ASSISTANT SECRETARY OF LABOR FOR
VETERANS’ 
EMPLOYMENT
AND
TRAINING.—Section
4102A(a) is amended—
(1) by striking out ‘‘(1)’’ and ‘‘(2)’’ and insert-
ing in lieu thereof ‘‘(A)’’ and ‘‘(B)’’, respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(3) by adding at the end the following:
‘‘(2) There shall be within the Department of Labor
a Deputy Assistant Secretary of Labor for Veterans’ Em-
ployment and Training. The Deputy Assistant Secretary
shall perform such functions as the Assistant Secretary of
Labor for Veterans’ Employment and Training prescribes.
The Deputy Assistant Secretary shall be a veteran.’’.
(b) DVOP SPECIALISTS COMPENSATION RATES.—Sec-
tion 4103A(a)(1) is amended by striking out ‘‘a rate not
less than the rate prescribed for an entry level professional’’
and inserting in lieu thereof ‘‘rates comparable to those
paid other professionals performing essentially similar du-
ties’’.
(c) SPECIAL UNEMPLOYMENT STUDY.—Subsection (a)
of section 4110A is amended to read as follows:
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‘‘(a)(1) The Secretary, through the Bureau of Labor
Statistics, shall conduct a study every two years of unem-
ployment among each of the following categories of veterans:
‘‘(A) Special disabled veterans.
‘‘(B) Veterans of the Vietnam era who served in
the Vietnam theater of operations during the Vietnam
era.
‘‘(C) Veterans who served on active duty during
the Vietnam era who did not serve in the Vietnam
theater of operations.
‘‘(D) Veterans who served on active duty after
the Vietnam era.
‘‘(E) Veterans discharged or released from active
duty within four years of the applicable study.
‘‘(2) Within each of the categories of veterans specified
in paragraph (1), the Secretary shall include a separate
category for women who are veterans.
‘‘(3) The Secretary shall promptly submit to Congress
a report on the results of each study under paragraph (1).’’.
SEC. 702. EMPLOYMENT AND TRAINING OF VETERANS.
(a) 
FEDERAL
CONTRACTS.—Section 
4212(a) 
is
amended by striking out ‘‘all of its suitable employment
openings,’’ in clause (1) of the third sentence and inserting
in lieu thereof ‘‘all of its employment openings except that
the contractor may exclude openings for executive and top
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management positions, positions which are to be filled from
within the contractor’s organization, and positions lasting
three days or less,’’.
(b) ELIGIBILITY
REQUIREMENTS
FOR
VETERANS
UNDER
FEDERAL
EMPLOYMENT
AND
TRAINING
PRO-
GRAMS.—Section 4213 is amended—
(1) by striking out ‘‘chapters 11, 13, 31, 34, 35,
and 36 of this title by an eligible veteran and’’ and
inserting in lieu thereof ‘‘chapters 11, 13, 30, 31, 35,
and 36 of this title by an eligible veteran,’’;
(2) by inserting ‘‘and any amounts received by
an eligible person under chapter 106 of title 10,’’ after
‘‘chapters 13 and 35 of such title, and’’; and
(3) by striking out ‘‘the needs or qualifications
of participants in’’ and inserting in lieu thereof ‘‘eli-
gibility under’’.
SEC. 703. CONFORMING AMENDMENTS TO ERISA RELATING
TO THE UNIFORMED SERVICES EMPLOYMENT
AND REEMPLOYMENT RIGHTS ACT OF 1994.
(a) PERIOD OF CONTINUATION COVERAGE.—Section
602(2)(A) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1162(2)(A)) is amended by adding at
the end the following new clause:
‘‘(vi) SPECIAL
RULE
FOR
ABSENCE
FROM EMPLOYMENT BY REASON OF SERVICE
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IN THE UNIFORMED SERVICES.—In the case
of a qualifying event described in section
603(2), resulting in an absence from em-
ployment by reason of service in the uni-
formed services to which section 4317 of
title 38, United States Code, applies, if the
covered employee makes an election under
such section 4317, the date which is the ear-
lier of—
‘‘(I) 18 months after the date of
the qualifying event, or
‘‘(II) the day after the date on
which the covered employee fails to
apply for or return to a position of
employment, as determined under sec-
tion 4312(e) of such title 38.’’.
(b) PREMIUM REQUIREMENTS.—Section 602(3) of
such Act (29 U.S.C. 1162(3)) is amended—
(1) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively;
(2) by striking ‘‘The plan may require’’ and in-
serting the following:
‘‘(A) IN GENERAL.—The plan may require’’;
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(3) by adjusting the left-hand margination of
subparagraph (A) and clauses (i) and (ii) thereof (as
redesignated by paragraphs (1) and (2)) accordingly;
(4) in the last sentence of subparagraph (A) (as
redesignated), by striking ‘‘subparagraph (A) of this
paragraph’’ and inserting ‘‘clause (i) of this subpara-
graph’’; and
(5) by adding at the end the following new sub-
paragraph:
‘‘(B) SPECIAL
RULE
FOR
ABSENCE
FROM
EMPLOYMENT BY REASON OF SERVICE IN THE
UNIFORMED SERVICES.—
‘‘(i) LIMITATION ON EMPLOYEE PRE-
MIUM.—In the case of a qualifying event de-
scribed in section 603(2), resulting in an
absence from employment by reason of serv-
ice in the uniformed services to which sec-
tion 4317 of title 38, United States Code,
applies, if the covered employee makes an
election under such section 4317 and the
covered employee performed such service for
less than 31 days, the portion of the pre-
mium which the covered employee is re-
quired to pay may not exceed the portion (if
any) of the premium which the covered em-
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ployee would have been required to pay but
for the qualifying event.
‘‘(ii) TREATMENT OF MULTIEMPLOYER
PLANS.—In the case of a group health plan
that is a multiemployer plan, any liability
under the plan for the portion of the pre-
mium payable by the employer shall be allo-
cated by the plan in such manner as the
plan sponsor shall provide, except that, if
the plan sponsor does not so provide, such
liability shall be allocated by the plan—
‘‘(I) to the last employer employ-
ing the covered employee before the pe-
riod served by the covered employee in
the uniformed services, or
‘‘(II) if such last employer is no
longer functional, to the plan.’’.
(c) ENFORCEMENT OF CONTINUATION COVERAGE RE-
QUIREMENTS.—Section 607 of such Act (29 U.S.C. 1167)
is amended by adding at the end the following new para-
graph:
‘‘(6) ENFORCEMENT
OF
PROVISIONS
RELATING
TO
ABSENCE
FROM
EMPLOYMENT
BY
REASON
OF
SERVICE IN THE UNIFORMED SERVICES.—For pur-
poses of part 5, the provisions of section 4317 of title
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38, United States Code (as in effect on the effective
date of this paragraph) shall be treated as provisions
of this title to the extent such provisions relate to
group health plans covered under this title. The rem-
edies provided pursuant to this paragraph shall be in
addition to remedies otherwise available under such
title 38. An action or proceeding commenced under
part 5 shall not preclude further recourse to remedies
otherwise available under such title 38. The Secretary
shall ensure that covered employees and other quali-
fied beneficiaries commencing actions or proceedings
under part 5 are informed of remedies also available
under such title 38.’’.
(d) ENFORCEMENT OF RULES RELATING TO PENSION
PLAN COVERAGE.—Section 204 of such Act (29 U.S.C.
1054) is amended—
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the following
new subsection:
‘‘(i) ENFORCEMENT OF PROVISIONS RELATING TO AB-
SENCE FROM EMPLOYMENT BY REASON OF SERVICE IN THE
UNIFORMED SERVICES.—For purposes of part 5, the provi-
sions of section 4318 of title 38, United States Code (as
in effect on the effective date of this subsection) shall be
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treated as provisions of this title to the extent such provi-
sions relate to pension plans covered under this title. The
remedies provided pursuant to this subsection shall be in
addition to remedies otherwise available under such title
38. An action or proceeding commenced under part 5 shall
not preclude further recourse to remedies otherwise available
under such title 38. The Secretary shall ensure that partici-
pants and beneficiaries commencing actions or proceedings
under part 5 are informed of remedies also available under
such title 38.’’.
(e) EFFECTIVE DATE AND TRANSITION RULES.—
(1) EFFECTIVE DATE.—The amendments made
by this section shall take effect as if included in the
enactment of section 2 of the Uniformed Services Em-
ployment and Reemployment Rights Act of 1994.
(2) TRANSITION RULES.—Section 8 of the Uni-
formed Services Employment and Reemployment
Rights Act of 1994 shall apply with respect to the
amendments made by this section in the same manner
and to the same extent as such section applies with
respect to sections 4317 and 4318 of title 38, United
States Code (as amended by such Act).
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TITLE VIII—CEMETERIES AND
MEMORIAL AFFAIRS
SEC. 801. ELIGIBILITY FOR BURIAL IN NATIONAL CEME-
TERIES OF SPOUSES WHO PREDECEASE VET-
ERANS.
Section 2402(5) is amended by inserting ‘‘spouse,’’
after ‘‘The’’.
SEC. 802. RESTORATION OF BURIAL ELIGIBILITY FOR
UNREMARRIED SPOUSES.
Section 2402(5), as amended by section 801, is further
amended by inserting after ‘‘surviving spouse’’ the follow-
ing: ‘‘(which for purposes of this chapter includes an
unremarried surviving spouse who had a subsequent remar-
riage which was terminated by death or divorce)’’.
SEC. 803. EXTENSION OF AUTHORIZATION OF APPROPRIA-
TIONS FOR STATE CEMETERY GRANT PRO-
GRAM.
Paragraph (2) of section 2408(a) is amended by strik-
ing out ‘‘nine’’ and inserting in lieu thereof ‘‘fourteen’’.
SEC. 804. AUTHORITY TO USE FLAT GRAVE MARKERS AT
THE WILLAMETTE NATIONAL CEMETERY, OR-
EGON.
Notwithstanding section 2404(c)(2) of title 38, United
States Code, the Secretary of Veterans Affairs may provide
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for flat grave markers at the Willamette National Cemetery,
Oregon.
TITLE IX—HOUSING PROGRAMS
SEC. 901. ELIGIBILITY.
(a) RESERVISTS DISCHARGED BECAUSE OF A SERV-
ICE-CONNECTED
DISABILITY.—Section 3701(b)(5)(A) is
amended—
(1) by inserting ‘‘(i)’’ before ‘‘who has’’; and
(2) by striking out the period at the end and in-
serting in lieu thereof ‘‘, or (ii) who was discharged
or released from the Selected Reserve before complet-
ing 6 years of service because of a service-connected
disability.’’.
(b) SURVIVING SPOUSES OF RESERVISTS WHO DIED
WHILE IN ACTIVE MILITARY, NAVAL, OR AIR SERVICE.—
The second sentence of section 3701(b)(2) is amended—
(1) by inserting ‘‘or service in the Selected Re-
serve’’ after ‘‘duty’’ each place it appears; and
(2) by striking out ‘‘spouse shall’’ and inserting
in lieu thereof ‘‘deceased spouse shall’’.
SEC. 902. REVISION IN COMPUTATION OF AGGREGATE
GUARANTY.
Section 3702(b) is amended—
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(1) in the matter preceding paragraph (1), by
striking out ‘‘loan, if—’’ and inserting in lieu thereof
‘‘loan under the following circumstances:’’;
(2) in paragraph (1)—
(A) by striking out ‘‘the property’’ at the be-
ginning of subparagraph (A) and inserting in
lieu thereof ‘‘The property’’;
(B) by striking out the semicolon at the end
and inserting in lieu thereof a period;
(3) in paragraph (2)—
(A) by striking out ‘‘a veteran-transferee’’
at the beginning and inserting in lieu thereof ‘‘A
veteran-transferee’’;
(B) by striking out ‘‘; or’’ at the end and
inserting in lieu thereof a period;
(4) in paragraph (3), by striking out ‘‘the loan’’
at the beginning of subparagraph (A) and inserting
in lieu thereof ‘‘The loan’’;
(5) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) In a case not covered by paragraph (1) or
(2)—
‘‘(A) the loan has been repaid in full and,
if the Secretary has suffered a loss on the loan,
the loss has been paid in full; or
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‘‘(B) the Secretary has been released from
liability as to the loan and, if the Secretary has
suffered a loss on the loan, the loss has been paid
in full.’’;
(6) in the last sentence, by striking out ‘‘clause
(1) of the preceding sentence’’ and inserting in lieu
thereof ‘‘paragraph (1)’’; and
(7) by adding at the end the following new sen-
tence: ‘‘The authority of the Secretary under this sub-
section to exclude an amount of guaranty or insur-
ance housing loan entitlement previously used by a
veteran may be exercised only once for that veteran
under the authority of paragraph (4).’’.
SEC. 903. PUBLIC AND COMMUNITY WATER AND SEWERAGE
SYSTEMS.
Section 3704 is amended—
(1) by striking out subsection (e); and
(2) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
SEC. 904. AUTHORITY TO GUARANTEE HOME REFINANCE
LOANS FOR ENERGY EFFICIENCY IMPROVE-
MENTS.
(a) LOANS.—Section 3710(a) is amended by inserting
after paragraph (10) the following new paragraph:
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‘‘(11) To refinance in accordance with subsection
(e) an existing loan guaranteed, insured, or made
under this chapter, and to improve the dwelling se-
curing such loan through energy efficiency improve-
ments, as provided in subsection (d).’’.
(b) AMOUNT OF GUARANTY.—Section 3710(e)(1) is
amended—
(1) in the matter preceding subparagraph (A),
by inserting ‘‘or for the purpose specified in sub-
section (a)(11)’’ after ‘‘subsection (a)(8)’’; and
(2) in subparagraph (C), by striking out ‘‘may
not exceed’’ and all that follows in such subparagraph
and inserting in lieu thereof ‘‘may not exceed—
‘‘(i) an amount equal to the sum of the bal-
ance of the loan being refinanced and such clos-
ing costs (including any discount permitted pur-
suant to section 3703(c)(3)(A) of this title) as
may be authorized by the Secretary (under regu-
lations which the Secretary shall prescribe) to be
included in the loan; or
‘‘(ii) in the case of a loan for the purpose
specified in subsection (a)(11), an amount equal
to the sum of the amount referred to with respect
to the loan under clause (i) and the amount
specified under subsection (d)(2);’’.
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(c) FEE.—Section 3729(a)(2)(E) is amended by in-
serting ‘‘3710(a)(11),’’ after ‘‘3710(a)(9)(B)(i),’’.
SEC. 905. AUTHORITY TO GUARANTEE LOANS TO REFI-
NANCE ADJUSTABLE RATE MORTGAGES TO
FIXED RATE MORTGAGES.
Section 3710(e)(1)(A) is amended by inserting before
the semicolon at the end the following: ‘‘or, in a case in
which the loan is a fixed rate loan and the loan being refi-
nanced is an adjustable rate loan, the loan bears interest
at a rate that is agreed upon by the veteran and the mortga-
gee’’.
SEC. 906. MANUFACTURED HOME LOAN INSPECTIONS.
(a) CERTIFICATION
OF CONFORMITY WITH STAND-
ARDS.—Paragraph (2) of subsection (h) of section 3712 is
amended to read as follows:
‘‘(2) Any manufactured housing unit properly dis-
playing a certification of conformity to all applicable Fed-
eral manufactured home construction and safety standards
pursuant to section 616 of the National Manufactured
Housing Construction and Safety Standards Act of 1974
(42 U.S.C. 5415) shall be deemed to meet the standards re-
quired by paragraph (1).’’.
(b) REPEAL OF INSPECTION REQUIREMENTS.—Sub-
section (j) of such section is amended by striking out ‘‘in
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the case of’’ the first place it appears and all that follows
and inserting in lieu thereof ‘‘in the case of—
‘‘(1) manufactured homes constructed by a man-
ufacturer who fails or is unable to discharge the man-
ufacturer’s obligations under the warranty;
‘‘(2) manufactured homes which are determined
by the Secretary not to conform to the standards pro-
vided for in subsection (h); or
‘‘(3) a manufacturer of manufactured homes who
has engaged in procedures or practices determined by
the Secretary to be unfair or prejudicial to veterans
or the Government.’’.
(c) ELIMINATION
OF REPORTING REQUIREMENT.—
Subsection (l) of such section is amended—
(1) by striking out ‘‘the results of inspections re-
quired by subsection (h) of this section,’’; and
(2) by striking out ‘‘of this section,’’.
SEC. 907. PROCEDURES ON DEFAULT.
(a) IN GENERAL.—Paragraph (7) of section 3732(c)
is amended—
(1) in the matter preceding subparagraph (A),
by striking out ‘‘that was the minimum amount for
which, under applicable State law, the property was
permitted to be sold at the liquidation sale’’;
(2) in subparagraph (A)—
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(A) by striking out ‘‘the Secretary may ac-
cept conveyance of the property to the United
States for a price not exceeding’’ and inserting
in lieu thereof ‘‘(i) the amount was the mini-
mum amount for which, under applicable State
law, the property was permitted to be sold at the
liquidation sale, the holder shall have the option
to convey the property to the United States in
return for payment by the Secretary of an
amount equal to’’; and
(B) by striking out ‘‘and’’ after ‘‘loan;’’ and
inserting in lieu thereof ‘‘or’’;
(C) by adding at the end the following:
‘‘(ii) there was no minimum amount for which
the property had to be sold at the liquidation sale
under applicable State law, the holder shall have the
option to convey the property to the United States in
return for payment by the Secretary of an amount
equal to the lesser of such net value or total indebted-
ness; and’’; and
(3) in subparagraph (B), by striking out ‘‘para-
graph (6)(B)’’ and inserting in lieu thereof ‘‘para-
graph (6)’’.
(b) CONFORMING AMENDMENT.—Paragraph (6) of
such section is amended—
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(1) by striking out ‘‘either’’;
(2) by striking out ‘‘sale or acquires’’ and all
that follows through ‘‘(B) the’’ and inserting in lieu
thereof ‘‘sale, the’’; and
(3) by redesignating clauses (i) and (ii) as
clauses (A) and (B), respectively.
SEC. 908. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT.
Subparagraph (F) of section 5303A(b)(3) is amended
by inserting ‘‘or chapter 37’’ after ‘‘chapter 30’’ in the mat-
ter preceding clause (i).
TITLE X—HOMELESS VETERANS
PROGRAMS
SEC. 1001. REPORTS ON ACTIVITIES OF THE DEPARTMENT
OF VETERANS AFFAIRS TO ASSIST HOMELESS
VETERANS.
(a) ANNUAL REPORT.—(1) Not later than April 15 of
each year, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans’ Affairs of the Senate and
House of Representatives a report on the activities of the
Department of Veterans Affairs during the year preceding
the report under programs of the Department for the provi-
sion of assistance to homeless veterans.
(2) The report shall—
(A) set forth the number of homeless veterans
provided assistance under those programs;
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(B) describe the cost to the Department of pro-
viding such assistance under those programs; and
(C) provide any other information on those pro-
grams and on the provision of such assistance that
the Secretary considers appropriate.
(b) BI-ANNUAL REQUIREMENT.—The Secretary shall
include in the report submitted under subsection (a)(1) in
1995, and every two years thereafter, an evaluation of the
effectiveness of the programs of the Department in provid-
ing assistance to homeless veterans.
(c) CONFORMING REPEAL.—Section 10 of Public Law
102–590 (106 Stat. 5141; 37 U.S.C. 7721 note) is repealed.
SEC. 1002. REPORT ON ASSESSMENT AND PLANS FOR RE-
SPONSE TO NEEDS OF HOMELESS VETERANS.
(a) UPDATE OF ASSESSMENT.—Subsection (b) of sec-
tion 107 of the Veterans’ Medical Programs Amendments
of 1992 (Public Law 102–405; 106 Stat. 1977; 38 U.S.C.
527 note) is amended by adding at the end the following
new paragraph:
‘‘(6) The Secretary shall require that the directors re-
ferred to in paragraph (1) update the assessment required
under that paragraph during each of 1995, 1996, and
1997.’’.
(b) REPORTS
ON ASSESSMENTS
AND PLAN.—Sub-
section (i) of such section (106 Stat. 1978) is amended—
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(1) by striking out ‘‘REPORT.—’’ and inserting
in lieu thereof ‘‘REPORTS.—(1)’’; and
(2) by adding at the end the following:
‘‘(2) Not later than December 31, 1994, the Secretary
shall submit to such committees a report that—
‘‘(A) describes the results of the assessment car-
ried out under subsection (b);
‘‘(B) sets forth the lists developed under para-
graph (1) of subsection (c); and
‘‘(C) describes the progress, if any, made by the
directors of the medical centers and the directors of
the benefits offices referred to in such subsection (c) in
developing the plan referred to in paragraph (2) of
such subsection (c).
‘‘(3) Not later than December 31 of each of 1995, 1996,
and 1997, the Secretary shall submit to such committees
a report that describes the update to the assessment that
is carried out under subsection (b)(6) in the year preceding
the report.’’.
SEC. 1003. INCREASE IN NUMBER OF DEMONSTRATION PRO-
GRAMS UNDER HOMELESS VETERANS COM-
PREHENSIVE SERVICE PROGRAMS ACT OF
1992.
Section 2(b) of the Homeless Veterans Comprehensive
Service Programs Act of 1992 (38 U.S.C. 7721 note) is
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amended in the first sentence by striking out ‘‘four’’ and
inserting in lieu thereof ‘‘eight’’.
SEC. 1004. REMOVAL OF FUNDING REQUIREMENT OF HOME-
LESS VETERANS COMPREHENSIVE SERVICE
PROGRAMS ACT OF 1992.
Section 12 of the Homeless Veterans Comprehensive
Service Programs Act of 1992 (38 U.S.C. 7721 note) is
amended by striking out the second sentence.
SEC. 1005. SENSE OF CONGRESS.
It is the sense of Congress that—
(1) of the funds appropriated for any fiscal year
to support Federal programs which are designed to
assist homeless individuals, a share more closely ap-
proximating the proportion of the population of
homeless individuals who are veterans should be ap-
propriated to the Secretary of Veterans Affairs for
programs to assist homeless veterans that are admin-
istered by that Secretary;
(2) of the Federal grants made available to assist
community organizations that assist homeless indi-
viduals, a share of such grants more closely approxi-
mating the proportion of the population of homeless
individuals who are veterans should be provided to
community organizations that provide assistance pri-
marily to homeless veterans; and
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(3) the Secretary of Veterans Affairs should take
such actions as are necessary to ensure that Federal
agencies that provide assistance, either directly or in-
directly, to homeless individuals, including homeless
veterans, are aware of and encouraged to make appro-
priate referrals to facilities of the Department of Vet-
erans Affairs for benefits and services, such as health
care, substance abuse treatment, counseling, and in-
come assistance.
TITLE XI—REDUCTIONS IN DE-
PARTMENT OF VETERANS AF-
FAIRS PERSONNEL
SEC. 1101. FINDINGS.
Congress makes the following findings:
(1) Under proposals for national health care re-
form, the Department of Veterans Affairs will be re-
quired to provide health care services to veterans on
a competitive basis with other health care providers.
(2) The elimination of positions from the De-
partment that the Office of Management and Budget
has scheduled to occur in fiscal years 1995 through
1999 would prevent the Department from meeting the
responsibilities of the Department to provide health
care to veterans under law and from maintaining the
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quality of health care that is currently provided to
veterans.
SEC. 1102. REQUIREMENT FOR MINIMUM NUMBER OF FULL-
TIME EQUIVALENT POSITIONS.
(a) IN GENERAL.—Chapter 7 is amended by adding
at the end the following new section:
‘‘§ 712. Full-time equivalent positions: limitation on
reduction
‘‘(a) Notwithstanding any other provision of law, the
number of full-time equivalent positions in the Department
of Veterans Affairs during the period beginning on the date
of the enactment of this section and ending on September
30, 1999, may not (except as provided in subsection (c))
be less than 224,377.
‘‘(b) In determining the number of full-time equivalent
positions in the Department of Veterans Affairs during a
fiscal year for purposes of ensuring under section 5(b) of
the Federal Workforce Restructuring Act of 1994 (Public
Law 103–226; 108 Stat. 115; 5 U.S.C. 3101 note) that the
total number of full-time equivalent positions in all agen-
cies of the Federal Government during a fiscal year covered
by that section does not exceed the limit prescribed for that
fiscal year under that section, the total number of full-time
equivalent positions in the Department of Veterans Affairs
during that fiscal year shall be the number equal to—
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‘‘(1) the number of such positions in the Depart-
ment during that fiscal year, reduced by
‘‘(2) the sum of—
‘‘(A) the number of such positions in the
Department during that fiscal year that are
filled by employees whose salaries and benefits
are paid primarily from funds other than appro-
priated funds; and
‘‘(B) the number of such positions held dur-
ing that fiscal year by persons involved in medi-
cal care cost recovery activities under section
1729 of this title.
‘‘(c) The Secretary shall not be required to make a re-
duction in the number of full-time equivalent positions in
the Department unless such reduction—
‘‘(1) is necessary due to a reduction in funds
available to the Department; or
‘‘(2) is required under a law that is enacted after
the date of the enactment of this section and that re-
fers specifically to this section.
‘‘(d) The Secretary shall submit to the Committees on
Veterans’ Affairs of the Senate and House of Representa-
tives an annual report, through the year 2000, on the num-
ber and type of full-time equivalent positions in the Depart-
ment that are reduced under this section. The report shall
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include a justification for the reductions and shall be sub-
mitted with the materials provided in support of the budget
for the Department contained in the President’s budget sub-
mitted to Congress for a fiscal year pursuant to section
1105 of title 31.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘712. Full-time equivalent positions: limitation on reduction.’’.
SEC. 1103. ENHANCED AUTHORITY TO CONTRACT FOR NEC-
ESSARY SERVICES.
Section 8110(c) is amended by striking out paragraph
(7) and inserting in lieu thereof the following:
‘‘(7) Paragraphs (1) through (6) shall not be in effect
during fiscal years 1995 through 1999.
‘‘(8) During the period covered by paragraph (7),
whenever an activity at a Department health-care facility
is converted from performance by Federal employees to per-
formance by employees of a contractor of the Government,
the Secretary shall—
‘‘(A) require in the contract for the performance
of such activity that the contractor, in hiring employ-
ees for the performance of the contract, give priority
to former employees of the Department who have been
displaced by the award of the contract; and
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‘‘(B) provide to such former employees of the De-
partment all possible assistance in obtaining other
Federal employment or entrance into job training
and retraining programs.
‘‘(9) The Secretary shall include in the Secretary’s an-
nual report to Congress under section 529 of this title, for
each fiscal year covered by paragraph (7), a report on the
use during the year covered by the report of contracting-
out authority made available by reason of paragraph (7).
The Secretary shall include in each such report a descrip-
tion of each use of such authority, together with the ration-
ale for the use of such authority and the effect of the use
of such authority on patient care and on employees of the
Department.’’.
SEC. 1104. STUDY.
(a) REQUIREMENT.—The Secretary of Veterans Affairs
shall enter into an agreement with an appropriate non-Fed-
eral entity under which the entity shall carry out a study
of the feasibility and advisability of alternative organiza-
tional structures, such as the establishment of a wholly-
owned Government corporation or a Government-sponsored
enterprise, for the effective provision of health care services
to veterans.
(b) SUBMISSION
OF REPORT.—The Secretary shall
submit to the Committees on Veterans’ Affairs of the Senate
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and House of Representatives a report on the study required
under subsection (a). The report shall be submitted not later
than one year after the date of the enactment of this Act.
(c) AUTHORIZATION OF FUNDS.—There is hereby au-
thorized to be appropriated for the Department of Veterans
Affairs the sum of $1,000,000 for the purposes of carrying
out the study required under subsection (a).
TITLE XII—TECHNICAL AND
CLERICAL AMENDMENTS
SEC. 1201. AMENDMENTS TO TITLE 38, UNITED STATES
CODE.
(a) REFERENCES TO ‘‘SECRETARY’’ AND ‘‘DEPART-
MENT’’.—Title 38, United States Code, is amended as fol-
lows:
(1) Paragraph (1) of section 101 is amended to
read as follows:
‘‘(1) The terms ‘Secretary’ and ‘Department’ mean the
Secretary of Veterans Affairs and the Department of Veter-
ans Affairs, respectively.’’.
(2) Section 1532(c) is amended by striking out
‘‘Secretary’’ and inserting in lieu thereof ‘‘Veterans’
Administration’’.
(3) Section 3745(a) is amended by striking out
‘‘Secretary’’ after ‘‘consult with the’’ and inserting in
lieu thereof ‘‘Administrator’’.
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(4) Section 4102A(e) is amended by striking out
‘‘Regional Secretary’’ both places it appears and in-
serting in lieu thereof ‘‘Regional Administrator’’.
(5) Section 4110(d)(9) is amended by striking
out ‘‘Secretary of the Small Business Administration’’
and inserting in lieu thereof ‘‘Administrator of the
Small Business Administration’’.
(b) REFERENCES TO DEPARTMENT OF MEDICINE AND
SURGERY.—
(1) The following sections of title 38, United
States Code, are amended by striking out ‘‘Depart-
ment of Medicine and Surgery’’ each place it appears
and inserting in lieu thereof ‘‘Veterans Health Ad-
ministration’’: sections 3120(a), 3120(f), 3121(a)(3),
7603(a), 
7603(c)(1)(B), 
7604(1)(B), 
7604(2)(D),
7612(c)(1)(B), 7615, 7616(b)(2), 7616(c), 7622(b)(1),
7622(c)(2)(A), 7623(b), 7635(a)(1), 7635(a)(2), and
8110(a).
(2) Section 7622(c)(2)(B) of such title is amend-
ed by striking out ‘‘such Department’’ and inserting
in lieu thereof ‘‘the Veterans Health Administration’’.
(c) CONFORMING AMENDMENTS RELATING TO CON-
VERSION OF POSITIONS OF CHIEF MEDICAL DIRECTOR AND
CHIEF BENEFITS DIRECTOR TO UNDER SECRETARY POSI-
HR 4386 EAS
TIONS.—Title 38, United States Code, is amended as fol-
lows:
(1) Section 305 is amended—
(A) in subsection (a)(1), by striking out ‘‘a
Under Secretary’’ and inserting in lieu thereof
‘‘an Under Secretary’’; and
(B) in subsection (d)(2)(F), by striking out
‘‘Under Secretary’’ the second place it appears
and all that follows through the closing paren-
thesis and inserting in lieu thereof ‘‘Chief Medi-
cal Director of the Veterans’ Administration)’’.
(2) Section 306 is amended—
(A) in subsection (a), by striking out ‘‘a
Under Secretary’’ and inserting in lieu thereof
‘‘an Under Secretary’’; and
(B) in subsection (d)(2)(F), by striking out
‘‘Under Secretary’’ the second place it appears
and all that follows through the closing paren-
thesis and inserting in lieu thereof ‘‘Chief Bene-
fits Director of the Veterans’ Administration)’’.
(3) Section 7306 is amended—
(A) in subsection (a)—
(i) in paragraph (3), by striking out
‘‘Assistant Chief Medical Directors’’ and in-