Veterans' Benefits Improvements Act of 1994
PL 103-446 (H.R.5244), enacted 11/02/1994

PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4645 
Public Law 103-446 
103d Congress 
An Act 
To amend title 38, United States Code, to revise and improve veterans' benefits 
Nov. 2, 1994 
programs, and for other purposes. 
[H.R. 5244] 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Veterans' 
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Benefits 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Improvements 
(a) SHORT TITLE.—This Act may be cited as the "Veterans' 33^u^ 101 note. 
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. 
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Sec. 2. References to title 38, United States Code. 
TITLE I—PERSIAN GULF WAR VETERANS 
Sec. 101. Short title. 
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Sec. 102. Findings. 
Sec. 103. Purposes. 
Sec. 104. Development of medical evaluation protocol. 
Sec. 105. Outreach to Persian Gulf veterans. 
Sec. 106. Compensation benefits for disability resulting from illness attributed to 
service during the Persian Gulf War. 
Sec. 107. Evaluation of health status of spouses and children of Persian Gulf War 
veterans. 
Sec. 108. Clarification of scope of health examinations provided for veterans eligible 
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 comparabilily, £uid performance reviews for members of 
the Board ofVeterans' 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 dtums. 
Sec. 303. Screening of appeals. 
Sec. 304. Report on feasibility of reorganization of adjudication divisions in VBA re-
gional 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. 
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Sec. 405. Termination of the commission. 
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Sec. 406. Definitions. 
Sec. 407. Funding. 
108 STAT. 4646 
PUBLIC LAW 103-446—NOV. 2, 1994 
TITLE V—MISCELLAISTEOUS PROVISIONS 
Sec. 501. Restatement of intent of Congress concerning coverage of Radiation-Ebc-
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 prestunptions 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 Philippine 
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. Fligjht training. 
Sec. 602. Training and rehabilitation for veterems with service-connected disabil-
ities. 
Sec. 603. Alternative teacher certification programs. 
Sec. 604. Education outside the United States. 
Sec. 605. Correspondence courses. 
Sec. 606. State approving agencies. 
Sec. 607. Measurement of courses. 
Sec. 608. Veterans' Advisory Committee on Education. 
Sec. 609. Contract educational and vocational counseling. 
Sec. 610. Service Members Occupational Conversion and Training Act of 1992. 
TITLE VII—EMPLOYMENT PROGRAMS 
Sec. 701. Job counseling, training, and placement. 
Sec. 702. Employment and training of veterans. 
TITLE VIII—CEMETERIES AND MEMORIAL AFFAIRS 
Sec. 801. Eligibility for burial in national cemeteries of spouses who predecease vet-
erans. 
Sec. 802. Restoration of burial eligibility for unremarried spoiises. 
Sec. 803. Extension of authorization of appropriations for State cemetery grant 
program. 
Sec. 804. Authority to use flat grave markers at the Willamette National Cemetery, 
Oregon. 
TITLE K—HOUSING PROGRAMS 
Sec. 901. Elig^bilitjf. 
Sec. 902. Revision in computation of aggregate guaranty. 
Sec. 903. Public and community water £uia sewerage systems. 
Sec. 904. Authority to guarantee home refinance loans for energy efficiency im-
provements. 
Sec. 905. Authority to guarsmtee loans to refinance adjustable rate mortgages to 
fixed rate mortgages. 
Sec. 906. Manufactured home loan inspections. 
Sec. 907. Procediu-es 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 £md plans for response to needs of homeless veter-
ans. 
Sec. 1003. Increase in niunber of demonstration programs under Homeless Veter-
ans Comprehensive Service Programs Act of 1992. 
Sec. 1004. Removal of fimding 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. 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4647 
Sec. 1102. Requirenient for miniiniun number of fiill-tiixie equivalent positions. 
Sec. 1103. Enhanced authority to contract for necessary services. 
Sec. 1104. Study. 
TITLE XII—TECHNICAL AND CLERICAL AMENDMENTS 
Sec. 1201. Amendments to title 38. United States Code. 
Sec. 1202. Amendments to other laws administered by Secretary of Veterans Af-
fairs. 
Sec. 1203. Amendments to other laws. 
SEC. 2. KEFEKENCES TO ITTLE 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 titie 
38, United States Code. 
TITLE I — P E R S I A N G U L F WAR 
^T?^e£rls 
V E T E R A N S 
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SEC. 101. SHORT TITLE. 
38 USClOl note. 
This Act may be cited as the "Persian Gulf War Veterans' 
Benefits Actf. 
SEC. 102. FINDINGS. 
38 USC 1117 
The Congress makes the following findings: 
(1) During the Persian Gulf War, members of the Armed 
Forces were exposed to niunerous potentially toxic substances, 
including fiimes and smoke firom military operations, oil well 
fires, diesel exhaust, paints, pesticides, depleted uranium, infec-
tious agents, investigational drugs and vaccines, and indigenous 
diseases, and were also given multiple immunizations. It is 
not known whether these servicemembers were exposed to 
chemical or biological warfare agents. However, threats of 
enemy use of chemicsd and biological warfare heightened the 
psychological stress associated with the military operation. 
(2) Significant numbers of veterans of me Persian Gulf 
War are suffering fi:t)m Ulnesses, or are exhibiting symptoms 
of iUness, that cannot now be diagnosed or clearly defined. 
As a result, many of these conditions or illnesses are not 
considered to be service connected under current law for pur-
poses of benefits administered by the Department of Veterans 
Affairs. 
(3) The National Institutes of Health Technology Assess-
ment Workshop on the Persian Gulf Experience and Health, 
held in April 1994, concluded that the complex biological, chemi-
cal, physical, and psychological environment of the Southwest 
Asia theater of operations produced complex adverse healtii 
effects in Persian Gulf War veterans and that no single disease 
entity or syndrome is apparent Rather, it may be that the 
iUnesses siiffered by those veterans result from multiple ill-
nesses with overlapping symptoms and causes that have yet 
to be defined. 
(4) That workshop concluded that the information concern-
ing the range and intensity of exposure to toxic substances 
by military personnel in the Southwest Asia theater of oper-
ations is very Hmited and that such information was collected 
only after a considerable delay. 
108 STAT. 4648 
PUBLIC LAW 103-446—NOV. 2, 1994 
(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 PubUc Law 102-585, directed the 
estabUshment of a Persian Gulf War Veterans Health Registry, 
autihorized 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 informa-
tion regarding the health consequences of miUtary service in 
the Persian Gulf theater of operations £ind to develop rec-
ommendations on avenues for research regarding such health 
consequences. In PubUc Law 103-210, the Congress authorized 
the Department of Veterans A£Eairs to provide health care 
services on a priority basis to Persian Gulf WEIT veterans. 
The Congress also provided in PubUc Law 103-160 (the 
National Defense Authorization Act for Fiscal Year 1994) for 
the establishment of a specialized environmental medical facil-
ity for the conduct of research into the possible health effects 
01 exposure to low levels of hazardous chemicals, especially 
among Persian Gulf veterans, and for research into the possible 
health effects of battlefield exposure in such veterans to 
depleted vu-anium. 
(6) In response to concerns about the lack of objective 
rese£irch on Gulf War iUnesses, Congress included research 
provisions in the National Defense Authorization Act for Fiscal 
Year 1995, which was passed by the House and Senate in 
September 1994. This legislation requires the Secretary of 
Defense to provide researcn grants to non-Federal researchers 
to support three types of studies of the Gulf War syndrome. 
The first type of study wiU be an epidemiological study or 
studies of the incidence, prevalence, and nature of the ilmess 
and symptoms and the risk factors associated with symptoms 
or illnesses. This will include illnesses among spouses and 
birth defects and illnesses among offspring bom before and 
after tbe 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, environmental toxins, and other hazard-
ous substances. The final group of studies shall include clinical 
research and other studies on tne causes, possible transmission, 
and treatment of Gulf War syndrome, £ind will include studies 
of veterans and their spouses and children. 
(7) Further research and studies must be undertaken to 
determine the underlying causes of the illnesses suffered bv 
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 pro-
vided compensation benefits to offset the impairment in earn-
ings capacities they may be experiencing. 
38 u s e 1117 
SEC. 103. PURPOSES. 
The purposes of this title are— 
(1) to provide compensation to Persian Gulf War veterans 
who suffer disabihties resulting from illnesses that cannot now 
be diagnosed or defined, and for which other causes cannot 
be identified; 
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PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4649 
(2) to reqiiire the Secretary of Veterans Affairs to develop 
at the earliest possible date case assessment strategies and 
definitions or diagnoses of such iUnesses; 
(3) to promote greater outreach to Persian Gulf War veter-
ans and their farnilies to inform them of ongoing research 
activities, as well as the services and benefits to which they 
are currently entitled; and 
(4) to ensure that research activities and accompanying 
sttrveys of Persian Gulf War veterans are appropriately fiinded 
and undertaken by the Department of Veterans Affairs. 
SEC. 104. DEVELOPMENT OF MEDICAL EVALUATION PROTOCOL. 
38 USC 1117 
(a) UNIFORM MEDICAL EVALUATION PROTOCOL.—(1) The Sec-
retary of Veterans Affairs shall develop and implement a uniform 
and comprehensive medical evaluation protocol that wiU ensure 
appropriate medical assessment, diagnosis, and treatment of Per-
sian Gulf War veterans who are suffering from illnesses the origins 
of which are (as of the date of the enactment of this Act) vmknown 
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 involv-
ing the reproductive system. 
(2) If such a protocol is not implemented before the end of 
the 120-day period beginning on the date of the enactment of 
this Act, the Secretary shall, before the end of such period, submit 
to the Committees on Veterans' 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 at all Depart-
ment medical centers that have the capabiUty of providing the 
medical assessment, diagnosis, and treatment required under the 
protocol. 
(B) The Secretary may enter into contracts with non-Depart-
ment medical faciUties for the provision of the evaluation 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 Department medical center 
described in that subparagraph and, in such a case, may provide 
the veteran the travel and incidental expenses therefor pursuant 
to the provisions of section 111 of title 38, United States Code. 
(4)(A) If the Secretary is imable to diagnose the symptoms 
or illness of a veteran provided an evaluation, or if the symptoms 
or illness of a veteran do not respond to treatment provided by 
the Secretary, the Secretary may use the authority in section 1703 
of title 38, United States Code, in order to provide for the veteran 
to receive diagnostic tests or treatment at a non-Department medi-
cal facihty that may have the capabiUty of diagnosing or treating 
the symptoms or Ulness of the veteran. The Secretary may provide 
the veteran the travel and tQcidental expenses therefor pursuant 
to the provisions of section 111 of title 38, United States Code. 
(B) The Secretary shall request from each non-Department 
medical facility that examines or treats a veteran under tnis para-
graph such information relating to the diagnosis or treatment as 
the Secretary considers appropriate. 
108 STAT. 4650 
PUBLIC LAW 103-446—NOV. 2, 1994 
38 use 1117 
note. 
Termination 
date. 
(5) In each year after the implementation of the protocol, the 
Secretary shsdl enter into an agreement with the National Academy 
of Sciences imder which agreement appropriate experts shall review 
the adequacy of theprotocol and its miplementationby the Depart-
ment of Veterans Affairs. 
(b) RELATIONSHIP TO OTHER COMPREHENSIVE CUNICAL EVALUA-
TION PROTOCOLS.—^The Secretary, in consultation with the Secretary 
of Defense, shall ensure that the information collected through 
the protocol described in this section is collected and maintained 
in a manner that permits the effective and efficient cross-reference 
of that information 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 Secretary shall 
develop case definitions or diagnoses for illnesses associated with 
the service described in subsection (a)(1). The Secretary shall 
develop such definitions or diagnoses at the earUest possible date. 
SEC. 
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OUTREACH 
TO 
PERSIAN 
GULF 
VETERANS. 
(a) IN GENERAL.—^The Secretary of Veterans Affairs shall iinple-
ment a comprehensive outreach program to inform 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 progrgun shall include a 
newsletter which shall be updated and mstributed at least semi-
annually and shall be distributed to the veterans Usted on the 
Persian Gulf War Veterans Health Registry. The newsletter shall 
include summaries of the status and findings of Government spon-
sored research on illnesses of Persian Gulf War veterans and meir 
families, as well as on benefits avEtilable to such individuals through 
the Department of Veterans Affairs. The newsletter shall be pre-
pared in consultation with veterans service organizations. 
(2) The requirement under this subsection for the distribution 
of the newsletter shall terminate on December 31,1999. 
(c) TOLL-FREE NUMBER.—The outreach program shall include 
establishment of a toU-fi-ee telephone nimiber to provide Persian 
Gulf War veterans and their famiHes information on the Persian 
Gulf War Veterans Health Registry, health care and other benefits 
provided by the Department of Veterans Affairs, and such other 
information as the Secretary considers appropriate. Such toll-free 
telephone number shall be estabUshed not later than 90 days after 
the date of the enactment of this Act. 
SEC. 106. COMPENSATION BENEFITS FOR DISABILITY RESULTING 
FROM ILLNESS ATTRIBUTED TO SERVICE DURING THE 
PERSIAN GULF WAR. 
(a) IN GENERAL.—(1) Chapter 11 is amended by adding at 
the end of subchapter II the following new section: 
"§1117. Compensation for disabilities occurring in Persian 
Gulf War veterans 
"(a) The Secretary may pay compensation under this subchapter 
to any Persian Guli veteran suffering fi-om a chronic disabiHty 
resulting 
from 
an 
undiagnosed 
illness 
(or combination 
of 
undiagnosed illnesses) that— 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4651 
"(1) became manifest during service on active duty in the 
Armed Forces in the Southwest Asia theater of operations 
during the Persian Gulf War, or 
"(2) became manifest to a degree of 10 percent or more 
within the presumptive period prescribed imder subsection (b). 
"(b) The Secretary shall prescribe by regulation the period 
Regulations, 
of time following service in the Southwest Asia theater of operations 
during the Persian Gulf War that the Secretary determines is 
appropriate for presumption of service connection for purposes of 
this section. The Secretary's determination of such period of time 
shall be made following a review of any available credible medical 
or scientific evidence and the historicsd treatment afforded disabil-
ities 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 Secretsiry shall prescribe regulations to carry out 
this section. 
"(2) Those regulations shall include the following: 
"(A) A description of the period and geographical area 
or areas of military service in connection with which compensa-
tion under this section may be paid. 
"(B) A description of the illnesses for which compensation 
under this section may be paid. 
"(C) A description of any relevant medical characteristic 
(such as a latency period) associated with each such illness. 
"(d) A disabihty for which compensation under this subchapter 
is payable shall be considered to be service connected for purposes 
of aU 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 operations during the Persian 
GulfWar.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1116 
the following new item: 
"1117. Compensation for disabilities occurring in Persian Gulf W
f
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* 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 Ueu thereof "section 
1112,1116, or 1117*; 
(2) by striking out "titie" the second place it appears and 
inserting in Ueu thereof "titie, or payments of compensation 
pursuant to section 1117 of this titie, , and 
(3) by inserting "or disabiUties" 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 AffJEors shall submit 
to the Committees on Veterans' Afiisdrs 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 titie 
38, United States Code, as added by subsection (a). 
(d) REGULATIONS.—If the Secretary states in the report under 
subsection (c) that the Secretary intends to pay compensation as 
provided in section 1117 of titie 38, United States Code, as added 
by subsection (a), the Secretary shall, not later than 30 days after 
the date on which such report is submitted, publish in the Federal 
38 use 1113. 
38 use 1117 
note. 
Federal 
Register, 
publication. 
38 u s e 1117 
note. 
108 STAT. 4652 
PUBLIC LAW 103-446—NOV. 2, 1994 
Register proposed regulations under subsections (b) and (c) of that 
section. 
38 use 1117 
SEC. 107. EVALUATION OF HEALTH STATUS OF SPOUSES AND CHIL-
note. 
DREN OF PERSIAN GULF WAR VETERANS. 
(a) EVALUATION PROGRAM.—Subject to subsection (c), the Sec-
retary of the Veterans AiFairs shall conduct a study to evaluate 
the health status of spouses and children of Persian Gulf War 
veterans. Under the study, the Secretary shall provide for the 
conduct of diagnostic testing and appropriate medicsd examinations 
of any individual— 
(1) who is the spouse or child of a veteran who— 
(A) is listed in the Persian Gulf War Veterans Registry 
established under section 702 of Public Law 102-585; and 
(B) is suffering from an illness or disorder; 
(2) who is apparently suffering fix)m, or may have suffered 
from, an illness or disorder (including a birth defect, mis-
carriage, or stillbirth) which cannot be disassociated fix)m the 
veteran's service in tiie Southwest Asia theater of operations; 
and 
(3) who, in the case of a spouse, has granted the Secretary 
permission to include in the Registry relevant medical data 
(including a medical history and the results of diagnostic testing 
and medical exEiminations) 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 relevant and appro-
priate 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 amoimt spent for the program 
under subsection (a) may not exceed $2,000,0(X). 
(d) CONTRACTING.—The Secretary shall provide for the conduct 
of testing and examinations under subsection (a) through appro-
priate contract arrangements. 
(e) STANDARD PROTOCOLS AND GUIDELINES.—The Secretaiy 
shall seek to ensure uniform development of medical data through 
the development of standard protocols and guidelines for such test-
ing and examinations. If such protocols and guidelines have not 
been adopted before the end of the 120-day period beginning on 
the date of the enactment of this Act, the Secretaiy shall, before 
the end of such period, submit to the Committees on Veterems' 
Affairs of the Senate and House of Representatives a report as 
to why such protocols and guidelines have not yet been developed. 
(fj ENTRY OF RESULTS IN REGISTRY.—^The results of diagnostic 
tests, medical histories, and medical examinations conducted under 
subsection (a) shall be entered into the Persian Gulf War Veterans 
Health Registry. 
(g) OUTREACH.—^The Secretary shall conduct such outreach 
activities as the Secretary determines necessary to ensure that 
implementation of this section results in sufficient information to 
enable the Secretary— 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4653 
(1) to analyze the health status of larce numbers of spouses 
and children oi Persian Gulf veterans; and 
(2) to formulate research hypotheses regarding possible 
association between illnesses or aisorders suffered by Persian 
Gulf veterans and illnesses or disorders (including birth defects, 
miscarriages, and stillbirths) suffered by their spouses and 
children. 
(h) U S E OUTSIDE DEPARTMENT OF STANDARD PROTOCOLS AND 
GUIDELINES.—The Secretary shall— 
(1) make the standard protocols and guidehnes developed 
imder this section available to any entity which requests a 
copy of such protocols and Adelines; and 
(2) enter into the registry the results of any examination 
of the spouse or child of a veteran who served in the Persian 
Gulf theater which a licensed physician certifies was conducted 
using those standsu'd protocols and guidelines. 
(i) REPORTS TO CONGRESS.—(1) The Secretary shall submit 
to Congress no later than October 31, 1995, a report on the Sec-
retary's implementation of this section. 
(2) The Secretary shall analyze the data entered into the reg-
istry 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 legislation or studies regarding 
the health status of spouses and children of Persian Gulf War 
veterans. 
H) DEFINITIONS.—For purposes of this section, the terms "chUd" 
and spouse" have the meanings given those terms in paragraphs 
(4) and (31), respectively, of section 101 of title 38, Umted States 
Code. 
SEC. 108. CLARIFICATION OF SCOPE OF HEALTH EXAMINATIONS PRO-
VIDED FOR VISTERANS ELIGIBLE FOR INCLUSION 
IN 
HEALTH-RELATED REGISTRIES. 
Section 703 of the Persian Gulf War Veterans' Health Status 
Act (titie VII of PubUc Law 102-585; 38 U.S.C. 527 note) is 
amended— 
(1) by inserting "(including diagnostic tests)" after "exam-
ination" each place it appears other than in subsection (a)(1)(A); 
(2) in subsection (a)(1)(A)— 
(A) by inserting "(including any appropriate diagnostic 
tests)" after "a health examination"; and 
(B) by inserting "and the tests" after "the examination"; 
and 
(3) in subsection (a)(2), by inserting "(including any diag-
nostic tests)" after "examinations". 
SEC. 109. SURVEY OF PERSIAN GULF VETERANS. 
38 USC 1117 
(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 DEFENSE.—Any sur-
vey under subsection (a) shall be carried out in coordination with 
the Secretary of Defense. 
(c) PERSIAN GULF VITTERAN.—For purposes of this section, a 
Persism Gulf veteran is an individual who served on active duty 
in the Armed Forces in the Southwest Asia theater of operations 
108 STAT. 4654 
PUBLIC LAW 103-446—NOV. 2, 1994 
38 u s e 1117 
note. 
Contracts. 
38 use 1317. 
38 use 1101 
note. 
during the Persian Gulf War as defined in section 101(33) of title 
38, United States Code. 
SEC. 110. AUTHORIZATION FOR EPIDEMIOLOGICAL STUDIES. 
(a) STUDY OF HEALTH CONSEQUENCES OF PERSIAN GULF SERV-
iCE.^If tiie National Academy of Sciences includes in the report 
required by section 706(b) of the Veterans Health Care Act of 
1992 (Public Law 102-585) a finding that there is a sound basis 
for an epidemiological study or studies on the health consequences 
of service in the Persian Gulf theater of operations durmg the 
Persian Gulf War and recommends the conduct of such a study 
or studies, the Secretary of Veterans Affidrs is authorized to carry 
out such study. 
(b) OVERSIGHT.—(1) The Secretary shall seek to enter into 
an agreement with the Medical FoUow-Up Agency (MFUA) of the 
Institute of Medicine of the National Academy of Sciences for (A) 
the review of proposals to conduct the research referred to in 
subsection (a), (B) oversight of such research, and (C) review of 
the research findings. 
(2) If the Secretary is unable to enter into an agreement under 
paragraph (1) with the entity specified in that paragraph, the 
Secretaty shall enter into an agreement described in that paragraph 
with another appropriate scientific organization which does not 
have a connection to the Department of Veterans Affairs. In such 
a case, the Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives, at least 90 
days before the date on which the agreement is entered into, notice 
in writing identifying the organization with which the Secretary 
intends to enter into the agreement 
(c) ACCESS TO DATA.—-The Secretary shall enter into agreements 
with the Secretary of Defense and the 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 consulta-
tion with the National Academy of Sciences and the contractor 
for the study, considers relevant to the study. 
(d) AUTHORIZATION.—^There are authorized to be appropriated 
to the Department such simis 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.—Sec-
tion 1317 is amended— 
(1) by striking out "No person" and inserting ia Ueu thereof 
"(a) Except as provided in subsection (b), no person"; and 
(2) by adding at the end the following: 
"(b) A siirviving spouse who is eligible for dependency and 
indemnity compensation may elect to receive death pension instead 
of such compensation.". 
(b) PoucY REGARDING COST-OF-LIVING ADJUSTMENT IN COM-
PENSATION RATES FOR FISCAL YEAR 1995.—The fiscal year 1995 
cost-of-living adjustments in the rates of and limitations for com-
pensation payable under chapter 11 of titie 38, United States Code, 
and of dependency and indenmity compensation payable under 
chapter 13 of such titie will be no more than a percentage equal 
to me percentage by which benefit amounts payable under titie 
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 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4655 
montMy rates and limitations (other th£ui increased rates or limita-
tions equal to a whole doUar amount) rounded down to the next 
lower doUar. 
TITLE II—BOARD OF VETERANS' 
APPEALS ADMINISTRATION 
SEC. 201. APPOnSTTMENT, PAY COMPARABILITY, AND PERFORMANCE 
, 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; performance 
review 
"(a) The members of the Board of Veterans' Appeals other 
than the Chairman (and including the Vice Chairman) shall be 
appointed by the Secretfiry, with the approval of the President, 
based upon reconmiendations of the Chairman. 
"(b) Members of the Board (other than the Chairman and 
any member of the Board who is a member of the Senior Executive 
Service) shall, in accord;ance 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 review the Establishment. 
performance of members of the Board. The panel shall be comprised 
of the Chairman and two other members of the Board (other than 
the Vice Chairman). The Chairman shall periodically rotate mem-
bership on the panel so as to ensure tnat 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 initiaUy established, and not less often 
than once every three years thereafter, the performance review 
panel shall determine, with respect to each member of the Board 
(other than the Chairman or a member who is a member of the 
Senior Executive Service), whether that member's job performance 
as a member of tJie Board meets the perfomiEUice stand£u*ds for 
a member of the Board established imder subsection (f). Each 
such determination 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 perfommnce standards for a member of the Board estabUshed 
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 member be 
noncertified. 
"(4) In the case of a member of the Board who is granted 
a conditional recertification under paragraph (3)(A) or (5)(A), the 
performance review panel shall review the member's job perform-
108 STAT. 4656 
PUBLIC LAW 103-446—NOV. 2, 1994 
ance record and make a further detennioatioii under pgiragraph 
(1) concerning that member not later than one year after the date 
of the conditional recertification. If the determination of the 
performance review panel at that time is that the member's job 
performance as a member of the BoEurd still does not meet the 
performance standards for a member of the Board established under 
subsection (f), the Chairman shall recommend to the Secretary 
that the member be noncertified. 
"(5) In a case in which the Chairman recommends to the 
Secretary under paragraph (3) or (4) that a member be noncertified, 
the Secretary, after considering the recommendation of the Chair-
man, may eimer— 
(A) grant the member a conditional recertification; or 
"(B) determine that the member should be noncertified. 
"(d)(1) If the Secretary, based upon the recommendation 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 
fix)m the Board. 
"(2) Upon removal fi^m 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 commence-
ment of service as a member of the Board shall revert to tiie 
civil service grade and series held by the member immediately 
before the appointment of the member to the Board. 
"(e)(1) A member of the Board (other than the Chairman or 
a member of the Senior Executive Service) may be removed as 
a member of the Board by reason of job performance only as 
provided in subsections (c) and (d). Such a member mav be removed 
by the Secretary, upon the recommendation of the (Jhairman, for 
any other reason as determined by the Secretary. 
"(2) In the case of a removal of a member under this section 
for a reason other than job performance that would be covered 
by section 7521 of title 5 in the case of an administrative law 
judge, the removal of the member of the Board shall be carried 
out subject to the same 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 action, a member shall have the rights set 
out in section 7513(b) of that title. 
"(f) The Chairman^ subject to the approval of the Secretary, 
shall establish standards for the performance of the job of a member 
of the Board (other than the Chairman or a member of the Senior 
Executive Service). Those stsmdards shall establish objective and 
fair criteria for evaluation of the job performance of a member 
of the Board. 
"(g) The Secretary shall prescribe procedures for the administra-
tion of this section, includmg deadlines and time schedules for 
different actions under this section.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 7101 
the following new item: 
"TIOIA. Members of Board: appointment; pay; performance review.". 
38 use 7101A 
(b) SAVE PAY PROVISION.—The rate of basic pay payable to 
"°**- 
an individual who is a member of the Board of Veterans' Appeals 
on the date of the enactment of this Act may not be reduced 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4657 
38 use 7101A 
note. 
38 use 7101. 
by reason of the amendments made by tMs section to a rate below 
tne 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), shsill take effect on the 
first day of the first pay period beginning aPber December 31, 
1994. 
(d) CONFORMING AMENDMENTS.—Section 7101(b) is amended— 
(1) by striking out paragraph (2); 
(2) by deagnatLng as paragraph (2) the text in paragraph 
(1) beginning "The Chairman may be removed"; and 
(3) by striking out "Members (including tiie Chairman)" 
in paragraph (3) and inserting in heu thereof "The Chairman". 
SEC. 202. DEADLINE 
FOR ESTABLISHMENT 
OF PERFORMANCE 
38 USC 7101A 
EVALUATION CSirrERIA FOR BOARD MEMBERS. 
"o^. 
(a) DEADLINE.—^The job performance standards required to be 
established by section 710lA(f) of title 38, United States Code, 
as added by section 201(a), shall be established not later than 
90 days after the date of the enactment of this Act. 
(b) SUBMISSION TO CONGRESSIONAL COMMITTEES.—Not later Reports. 
than the date on which the standards referred to in subsection 
(a) take effect, the Secretary of Veterans Affairs shall submit to 
the Committees on Veterans' Affairs of the Senate and House 
of Representatives a report describing the standards estabUshed 
by the Chairman of the BoEird of Veterans' Appeals. 
SEC. 203. CONTINUATION 
IN OFFICE 
OF CHAIRMAN 
PENDING 
APPOINTMENT OF SUCCESSOR. 
Section 7101(b)(3) is amended by adding at the end the follow-
ing new sentence: "If, upon the expiration of the term of office 
for which the Chairman was appointed, the position of Chairman 
woiUd become vacant, the individual serving as Chairman may, 
with the approval of the Secretary, continue to serve as Chairman 
until either appointed to another term or a successor is appointed, 
but not beyond the end of the Congress during which the term 
of office expired.". 
TITLE III—ADJUDICATION 
IMPROVEMENTS 
SEC. 301. ACCEPTANCE OF CERTAIN DOCUMENTATION FOR CLAIMS 
PURPOSES. 
(a) STATEMENTS OF CLAIMANT TO B E 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 rela-
tionship 
"(a) For purposes of benefits under laws administered by the 
Secretary, the Secretarv 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) appHes to proof of the existence of any 
of the following relationships between a claimant and another 
person: 
108 STAT. 4658 
PUBLIC LAW 103-446—NOV. 2, 1994 
"(1) Marriage. 
"(2) Dissolution of a marriage. 
"(3) Birth of a child. 
**(4) Death of any family member. 
"(c) The Secretary mav require the submission of documentation 
in support of the claimant s statement if— 
"(1) the claimant does not reside within a State; 
"(2) the statement on its f&ce raises a question as to its 
validity; 
"(3) there is conflicting information of record; or 
"(4) there is reasonable indication, in the statement or 
otherwise, of fraud or misrepresentation,". 
(b) REPORTS OF EXAMINATIONS BY PRIVATE PHYSICIANS.—Such 
chapter, as amended by subsection (a), is further amended by 
adding at the end the following new section: 
^§ 5125. Acceptance of reports of private physician examina-
tions 
"For purposes of establishing any claim for benefits under chap-
ter 11 or 15 of this titie, a report of a medical examination adminis-
tered 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 
physiciEui employed by the Veterans Healm Administration if the 
report is sumcientiy complete to be adequate for the purpose of 
ac^udicating such claim.". 
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at tlie end the foUowiog 
new items: 
"5124. Acceptance of claimant's statement as proof of relationship. 
"5125. Acceptance of reports of private physician examinations.". 
38 u s e 5101 
SEC. 302. EXPEDITED TREATMENT OF KEMANDED CLAIMS. 
The Secretary of Veterans Affairs shall take such actions 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 Veterans' Appeals or by the United 
States Court of Veterans Appeals for additional development or 
other appropriate action. 
SEC. 303. SCREENING OF APPEALS. 
38 use 7107. 
Section 7107 is amended— 
(1) in subsection (aXl), by striking out "Each case" and 
inserting in lieu thereof "Except as provided in subsection (f), 
each case"; and 
(2) by adding at the end the following new subsection: 
"(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?'. 
SEC. 304. REPORT ON FEASIBILITY OF REORGANIZATION OF ADJU-
DICATION DIVISIONS IN VBA REGIONAL OFFICES. 
Not later than 180 days after the date of the enactment of 
this Act, the Secretary of Veterans Affisiirs shall submit to the 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4659 
Committees on Veterans' AflFairs of the Senate and House of Rep-
resentatives a report addressing the feasibilitjr and impact of a 
reorganization of the adjudication divisions located within the 
regional offices of the Veterans Benefits 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 hereby estab-
Hshed a conmiission to be known as the Veterans' Claims Adyudica-
tion Commission (hereinafter in this title referred to as the 
"commission"). 
(b) MEMBERSHIP.—(1) The commission shall be composed of 
nine members, appointed by the Secretary of Veterans Afiairs as 
follows: 
(A) One member shall be appointed fix)m among former 
officials of the Department of Veterans Affairs (or the Veterans' 
Administration). 
(B) Two members shall be appointed fix)m among individ-
uals in the private sector who have expertise in the a(^udication 
of claims relating to insurance or similar benefits. 
(C) Two membere shall be appointed fix)m among individ-
uals employed in the Federal Government (other than the 
Department of Veterans Affairs) who have expertise in the 
adjudication of claims for benefits imder Federal law other 
than under laws administered by the Secretary of Veterans 
Affairs. 
(D) Two members shall be appointed fi:x)m among individ-
uals recommended to the Secretary by representatives of veter-
ans service organizations. 
(E) One member shall be appointed based on a rec-
ommendation of the American Bar Association or a similar 
private organization from among individuals who have exper-
tise in the field of administrative law. 
(F) One member shall be appointed fix)m among ciurent 
officials of the Department of Veterans Affairs. 
(2) The appointment of members of the conmiission imder this 
subsection shall be made not later than February 1,1995. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members of 
the 
conmiission shall be appointed for the life of the commission. A 
vacancy in the commission shsdl not affect its powers, but shall 
be filled in the same manaer as the original appointment 
(d) INITIAL MEETING.—The commission snail hold its first meet-
ing 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 commission 
shall constitute a quorum, but a lesser number may hold hearings. 
(g) CHAIRMAN.—The Secretary shall designate a member of 
the commission (other than the commission member who is a cur-
38 use 5101 
note. 
108 STAT. 4660 
PUBLIC LAW 103-446—NOV. 2, 1994 
rent official of the Department of Veterans Affairs) to be chairman 
of the commission. 
SEC. 402. DUTIES OF THE COMMISSION. 
(a) IN GENERAL.—^The commission shall carry out a study of 
the Department of Veterans Affairs system for the disposition of 
claims for veterans benefits. 
(b) PURPOSE OF STUDY.—The purpose of the study is to evaluate 
the Department of Veterans Affairs system for the disposition of 
claims for veterans benefits in order to determine the following: 
(1) The efficiency of current processes and procedures under 
the system for the abjudication, resolution, review, and final 
disposition of claims for veterans benefits, including the effect 
of judicial review on the system, £ind means of increasing the 
efficiency of the system. 
(2) Means of reducing the number of claims under the 
system for which final disposition is pending. 
(3) Means of enhancing the abihty of the Department of 
Veterans Affairs to achieve final determination regar^ng 
claims under the system in a prompt and appropriate manner. 
(c) CONTENTS OF STUDY.—^The study to be carried out by the 
conmiission under this section is a comprehensive evaluation and 
assessment of the Department of Veterans Affairs system for the 
disposition of claims for veterans benefits (as defined in section 
406) and of the sjrstem 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. 
(2) The processes and procedures under the system for 
the disposition of claims, including— 
(A) the scope and nature of the review undertaken 
with respect to a claim at each stage in the claims disposi-
tion process, including the role of hearings throughout the 
process; 
(B) the number, Federal employment grade, and experi-
ence 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 attor-
neys, members of veterans service organizations, and other 
advocates onbehalf of veterans. 
(4) The effect on the system of actions taken by the Sec-
retary to modernize the information management system of 
the Department, including the use of electronic data manage-
ment systems. 
(5) The effect on the system of any work performance 
standards used by the Secretary at regional offices of the 
Department £Uid at the Board of Veterans' Appeals. 
(6) The extent of the implementation in the system of 
the recommendations of the Blue Ribbon Panel on Claims 
Processing submitted to the Conmiittees on Veterans' Affairs 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4661 
of the Senate and House of Representatives on December 2, 
1993, and the effect of such implementation on the system. 
(7) The effectiveness in improving the system of anjr pilot 
programs carried out by the Secretary at regiomil offices of 
the Department and of efforts by the Secretary to implement 
such programs throughout the system. 
(8) The effectiveness of the quaHty control practices and 
quality assurance practices under the system in achieving the 
goals of such practices. 
(d) COOPERATION OF SECRETARY.—Upon the request of the 
chairman of the commission, the Secretary shall, wimin 30 days 
of such request, submit to the conunission, 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 imder this 
section. 
(e) REPORTS.—(1) Not later than one yesir after the date of 
the enactment of this Act, the commission shall submit to the 
Secretary and to the Committees on Veterans' Affairs of the Senate 
and House of Representatives a preliminary report on the study 
required under suDsection (c). The report shall contain the prelimi-
nary findings and conclusions of the commission with respect to 
the evaluation and assessment required under the study. 
(2) Not later than 18 months after such date, the conunission 
shall submit to the Secretary and to such committees a report 
on such study. The report shall include the following: 
(A) The findings and conclusions of the commission, includ-
ing its findings and conclusions with respect to the matters 
referred to in subsection (c). 
(B) The reconmiendations of the commission for means 
of improving the Department of Veterans Affairs system for 
the disposition of claims for veterans benefits. 
(C) Such other information and reconmiendations with 
respect to the system as the commission considers appropriate. 
SEC. 403. POWERS OF THE COMMISSION. 
(a) HEARINGS.—^The commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive 
such evidence as the commission considers advisable to carry out 
the purposes of this title. 
(b) INFORMATION FROM FEDERAL AGENCIES.—In addition to the 
information referred to in section 402(d), the commission may secure 
directly fix)m any Federal department or agency such information 
as the commission considers necessary to carry out the provisions 
of this title. Upon request of the chairman of the commission, 
the head of such department or agency shall fiimish such informa-
tion to the commission. 
(c) POSTAL SERVICES.—^The commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Government. 
(d) GIFTS.—^The commission may accept, use, and dispose of 
gifts or donations of services or property. 
SEC. 404. COMMISSION PERSONNEL MATTERS. 
(a) COMPENSATION OF MEMBERS.—Each member of the commis-
sion 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 prescribed for level IV of tiie Executive 
108 STAT. 4662 
PUBLIC LAW 103-446—NOV. 2, 1994 
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. AU 
members of the commission who are officers or employees of the 
United States shall serve without compensation in addition to that 
received for their services as officers or employees of the United 
States. 
(b) TRAVEL EXPENSES.—The members of the commission 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 titie 5, United States Code, while away from 
their homes or regular places of business in the performance of 
services for the commission. 
(c) STAFF.—(1) The chairman of the commission may, without 
regard to the civil service laws and regulations, appoint an executive 
director and such other personnel as may be necessary to enable 
the commission to perform its duties. The appointment of an execu-
tive director shall be subject to approval by the commission. 
(2) The chairman of the commission may fix the compensation 
of the executive director and other personnel without regard to 
the provisions of chapter 51 and subchapter III of chapter 53 
of titie 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 imder section 
5316 of such titie. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the 
chairman of the commission, the head of any Federal department 
or agency may detail, on a nonreimbursable basis, any personnel 
of the department or agency to the commission to assist it in 
carrying out its duties. 
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—The chairman of the commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code, at rates for individuals 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 titie. 
SEC. 406. TERMINATION OF THE COMMISSION. 
The commission shall terminate 90 days after the date on 
which the conmiission submits its report under section 402(e)(2). 
SEC. 406. DEFINITIONS. 
For the purposes of this titie: 
(1) The term "Department of Veterans Affairs system for 
the disposition of claims for veterans benefits" means the proc-
esses and procedures of the Department of Veterans Affairs 
for the abjudication, resolution, review, and final disposition 
of claims for benefits under the laws administered by tiie Sec-
retary. 
(2) The term "Secretary" means the Secretary of Veterans 
Affairs. 
(3) The term "veterans service organizations" means any 
organization approved by the Secretary under section 5902(a) 
of titie 38, United States Code. 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4663 
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 CONCERNING 
COVERAGE OF RADIATION-EXPOSED VETERANS COM-
PENSATION ACT OF 1988. 
(a) RESTATEMENT OF ABSENCE OF STATUTORY LIMITATION TO 
UNITED STATES TESTS.—Clause (i) of section 1112(cX3XB) is 38usciii2. 
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 DISABIUTIES RELATING 
T
O EXPOSURE TO IONIZING RADIATION.—(1) Section 1113(b) is 38usciii3. 
amended— 
(A) by striking out "title or" and inserting in Ueu thereof 
"title,"; and 
(B) by inserting ", or section 5 of PubUc Law 98-542 (38 
U.S.C. 1154 note)" after "of this section". 
(2) The amendments made by paragr£mh (1) shall apply with 38 use 1113 
respect to appUcations for veterans benents that are submitted ^°^-
to the Secretary of Veterans Affairs after the date of the enactment 
of tills Act. 
SEC. 602. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE 
IN THE PHILIPPINES. 
Section 315(b) is amended by striking out "December 31, 1994" 38 use 315. 
and inserting in Heu thereof "December 31,1999". 
SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS. 
Section 5306 is amended by adding at the end the following 
new subsection: 
"(c) Notwithstanding subsection (b), if a new apphcation for 
pension under chapter 15 of this titie or for dependency and indem-
nity compensation for parents under section 1315 oi this titie is 
filed within one year after renouncement of that benefit, such 
apphcation shall not be treated as an original apphcation and 
benefits wiU be payable as if the renouncement had not occurred.". 
SEC. 504. CLARIFICATION OF PAYMENT OF ATTORNEY FEES UNDER 
CONTINGENT FEE AGREEMENTS. 
(a) CLARIFICATION.—Subparagraph (A) of section 5904(d)(2) is 38 use 5904. 
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 Secretary directiy 
fix)m any past-due benefits awarded on the basis of tiie claim; 
and 
"(ii) is contingent on whether or not the matter is resolved 
in a manner favorable to the claimant.". 
108 STAT. 4664 
PUBLIC LAW 103-446—NOV. 2, 1994 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to fee agreements entered into on or 
after the date of the enactment of this Act. 
SEC. 505. CODIFICATION OF HERBICIDE-EXPOSURE I^IESUMPTIONS 
ESTABLISHED ADMINISTRATIVELY. 
38 use 1116. 
Section 1116(a)(2) is amended by adding at the end the follow-
ing new subparagraphs: 
"(D) Hodglun's disease becoming manifest to a degree of 
disability of 10 percent or more. 
"(E) Porphyria cutanea tarda becoming manifest to a degree 
of disability of 10 percent or more within a year after the 
last date on which the veteran performed active military, naval, 
or air service in the RepubUc of Vietnam during the VietnEim 
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 mihtary, naval, or air service in the 
RepubUc of 
Vietnam during the Vietnam era. 
"(G) Multiple myeloma becoming manifest to a degree of 
disability of 10 percent or more.". 
38 use 1101 
SEC. 506. TREATMENT OF CERTAIN INCOME OF ALASKA NATIVES FOR 
note. 
PURPOSES OF NEEDS-BASED BENEFITS. 
Any receipt by an individual from a Native Corporation under 
the Alaska Native Claims Settlement Act (43 U.S.Cf. 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 
fi:x)m 
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. 
SEC. 507. ELIMINATION OF REQUIREMENT FOR PAYMENT OF CERTAIN 
BENEFITS IN PHILIPPINE PESOS. 
(a) GENERAL RULE.—The second sentence of each of subsections 
38 use 107. 
(a) and (b) of section 107 is amended— 
(1) by striking out "rate in pesos as is equivalent to" and 
insertiiig in lieu thereof "rate of; and 
(2) by striking out "rate in Philippine pesos as is equivalent 
to" and inserting in lieu thereof "rate of. 
(b) SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE.— 
38 use 3532, 
Sections 3532(d) and 3565(b)(1) are amended by striking out "a 
^^"^- 
rate in Philippine pesos equivalent to" and inserting in Ueu thereof 
"the rate of. 
38 use 1
0
7 
(c) EFFECTIVE DATE.—The amendments made by this section 
"
*
*
*
*
• 
shall apply with respect to payments made after December 31, 
1994. 
SEC. 608. STUDY OF HEALTH CONSEQUENCES FOR FAMILY MEMBERS 
OF ATOMIC VETERANS OF EXPOSURE OF ATOMIC VETER-
ANS TO IONIZING RADIATION. 
(a) INTERAGENCY AGREEMENT.—The Secretary of Veterans 
Affairs shall enter into an agreement with the Medical Follow-
Up Agency of the Institute of the Medicine of the National Academy 
of Sciences under which that agency shall convene a panel of 
'--m^-
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4665 
appropriate individuals to carry out the evaluation described in 
subsection (b). 
(b) EVALUATION OF FEASIBIUTY OF STUDY.—(1) The panel con-
vened under subsection (a) shall evaluate the feasibility of carrying 
out a study as described in subsection (c). 
(2) The panel shall submit the results of the evaluation imder 
paragraph (1) to the Secretary not later than 180 days after the 
date of the enactment of this Act The Secretary shall promptly 
Notification. 
notify the Committees on Veterans' Affairs of the Senate and the 
House of Representatives of such results. 
(c) DESCRIPTION OF STUDY TO B E EVALUATED.—The study 
referred to in subsection (b) (the feasibiUty of which is to be evalu-
ated under that subsection by the panel convened under subsection 
(a)) is one which would determine the nature and extent, if any, 
of the relationship between the exposure of veterans described 
in subsection (d) to ionizing radiation and the following: 
(1) Grenetic defects and illnesses in the children and grand-
children of such veterans. 
(2) Untoward pregnancy outcomes experienced by the wives 
of such veterans, including premature births, stillbirths, mis-
carriages, neonatal illnesses and deaths. 
(3) Periparturient diseases of the mother which are the 
direct residt of such untoward pregnancy outcomes. 
(d) COVERED VETERANS.—Subsection (c) appUes 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 nuclesir 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 ionizing radiation comparable 
to the exposure of individusds who served with such occupa-
tion force before liiat date; and 
(2) any other veteran who the Secretary designates for 
coverage under the study. 
SEC. 609. 
CENTE31 FOB MINORITY VETERANS AND CENTER FOR 
WOMEN 
VETERANS. 
(a) IN GENERAL.—Chapter 3 is amended by striking out section 
317 and inserting in Ueu 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 appointed for a term of 
six years. 
"(c) The Director reports directiy 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: 
79-194 0—95—4 : QL 3 Part 6 
108 STAT. 4666 
PUBLIC LAW 103-446—NOV. 2, 1994 
"(1) Serve as principal adviser to the Secretary on the 
adoption and implementation of policies and programs affecting 
veterans who are minorities. 
"(2) Make reconmiendations to the Secretary, the Under 
Secretary for Health, the Under Secretary for Benefits, and 
other Department officials for the establishment or improve-
ment of programs in the Department for which veterans who 
are minorities are eligible. 
"(3) Promote the use of benefits authorized by this title 
by veterans who are minorities £ind the conduct of outreach 
activities to veterans who are minorities, in conjunction with 
outreach activities carried out under chapter 77 of this title. 
"(4) Disseminate information and serve as a resource center 
for the exchange of information regarding innovative and 
successful programs which improve tlie services available to 
veterans who are minorities. 
"(5) Conduct and sponsor appropriate social and demo-
graphic research on the needs of veterans who are minorities 
and the extent to which programs authorized under this title 
meet the needs of those veterans, without regard to any law 
concerning the collection of information from the public. 
"(6) Analyze and evaluate complaints made by or on behalf 
of veterans who are minorities about the adequacy and timeli-
ness of services provided by the Department and advise the 
appropriate official of the Department of the results of such 
analysis or evaluation. 
"(7) Consult with, and provide assistance and information 
to, officials responsible for administering Federal, State, local, 
and private programs that assist veterans, to encoiurage those 
officials to adopt policies which promote the use of those pro-
grams 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) PubHcize the results of medical research which are 
of particular significance to veterans who are minorities. 
"(10) Perform such other duties consistent with this section 
as the Secretary shall prescribe. 
"(e) The Secretary shall ensure that the Director is furnished 
sufficient resources to enable the Director to carry out the functions 
of the Center in a timely manner. 
"(f) The Secretary shall include in documents submitted to 
Congress by the Secretary in support of the President's budget 
for each fiscal year— 
"(1) detailed information on the budget for the Center; 
"(2) the Secretary's opinion as to whether the resources 
(including the number of employees) proposed in the budget 
for that fiscal year are adequate to enable the Center to comply 
with its statutory and regulatory duties; and 
"(3) a report on the activities and significant accomplish-
ments 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. 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4667 
"(b) The Director shall be a noncareer appointee in the Senior 
Executive Service. The Director shall be appointed 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 establishment or improve-
ment of programs in the Department for which veterans who 
are women are eUgible. 
"(3) Promote the use of benefits authorized by this title 
by veterans who are women and the conduct of outreach activi-
ties to veterans who are women, in conjunction with outreach 
activities carried out under chapter 77 of this title. 
"(4) Disseminate} information and serve as a resource center 
for the exchange of information regsirding innovative and 
successful programs which improve the services available to 
veterans who are women. 
"(5) Conduct and sponsor appropriate social and demo-
graphic research on the needs of veterans who are women 
ana the extent to which programs authorized under this title 
meet the needs of those veterans, without regard to any law 
concerning the collection of information fi^m the public. 
"(6) Analyze and evaluate complaints made by or on behalf 
of veterans who are women about the adequacy and timeUness 
of services provided by the Department and advise the appro-
priate official of the Department of the results of such analysis 
or evaluation. 
"(7) Consult with, and provide assistance and information 
to, officials responsible for administering Federal, State, local, 
and private programs that assist veterans, to encoiirage those 
officials to adopt poUcies which promote the use of those pro-
grams by veterans who are women. 
"(8) Advise the Secretary when laws or poUcies have the 
effect of discoiu-aging 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 appropriate officials 
on the effectiveness of the Department's efforts to accomplish 
the goals of section 492B of tlie Public Health Service Act 
(relating to the inclusion of women and minorities in clinical 
research) and of particular health conditions affecting women's 
health which should be studied as part of the Department's 
medical research program and promote cooperation between 
the Department and other sponsors of medical research of 
potential benefit to veterans who are women. 
"(11) Provide support and administrative services 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. 
108 STAT. 4668 
PUBLIC LAW 108-446—NOV. 2, 1994 
"(e) The Secretary shall ensure that the Dh^ctor is furnished 
sufficient resources to enable the Director to carry out the functions 
of the Center in a timely manner. 
"(f) The Secretary shall include in documents submitted to 
Congress by the Secretary in support of the President's budget 
for each fiscal year— 
"(1) detailed information on the budget for the Center; 
"(2) the Secretary's opinion as to whether the resources 
(including the number of employees) proposed in the budget 
for that fiscal year are adequate to enable the Center to comply 
with its statutory Eind regulatory duties; and 
"(3) a report on the activities and significant accomplish-
ments of the Center during the preceding fiscal year.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by striking out the item relating 
to section 317 and inserting in ueu thereof the following new 
items: 
"317. Center for Minority Veterans. 
"318. Center for Women Veterans.". 
SEC. 510. ADVISORY COMMTTTEX: 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 estabhsh an advisory conmiittee 
to be known as the Aovisory Coixunittee on Minority Veterans 
(hereinafter in this section referred to as 'the Committee'). 
"(2)(A) The Conmiittee shall consist of members appointed by 
the Secretary fix)m the general public, including— 
"(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 mihtary theater of operations; and 
"(iv) veterans who are minority group members and who 
do not have such experience. 
"(B) The Committee shall include, as ex officio members, the 
following: 
"(i) The Secretary of Labor (or a representative of the 
Secretary of Labor designated by the Secretary after consulta-
tion with the Assistant Secretary of Labor for Veterans' Employ-
ment). 
"(ii) The Secretary of Defense (or a representative of the 
Secretary of Defense designated by the Secretary of Defense). 
"(iii) The Secretary of the Interior (or a representative 
of the SecretEuy of the Interior designated by the Secretary 
of the Interior). 
"(iv) The Secretary of Conunerce (or a representative of 
the Secretary of Conmierce designated by the Secretary of 
Commerce). 
"(v) The Secretary of Health and Human Services (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 Sec-
retary for Benefits, or their designees. 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4669 
"(C) The Secretary may invite representatives of other depart-
ments and agencies of tJie United States to participate in the 
meetings and other activities of the Committee. 
"(3) The Secretary shall determine the number, terms of service, 
and pay and allowances of members of the Committee appointed 
by the Secretary, except that a term of service of any such member 
may not exceed three years. The Secretary may reappoint any 
such member for additional terms of service. 
"(4) The Committee shall meet as often as the Secretary consid-
ers necessary or appropriate, but not less often than twice each 
fiscal year. 
"(b) The Secretary shall, on a regular basis, consult with and 
seek the advice of the Conmiittee with respect to the administration 
of benefits by the Department for veterans who are minority group 
members, reports and studies pertaining to such veterans and the 
needs of such veterans with respect to compensation, health care, 
rehabihtation, outreach, and other benefits and programs adminis-
tered by the Department. 
"(c)(1) Not later than July 1 of each year, the Conmiittee Reports. 
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 minor-
ity group members with respect to compensation, health care, 
rehabihtation, outreach, and other benefits and programs 
administered by the Department; 
"(B) a review of the programs and activities of the Depart-
ment designed to meet such needs; and 
"(C) such recommendations (including recommendations for 
administrative and legislative action) as the Committee consid-
ers appropriate. 
"(2) The Secretary shall, within 60 days after receiving each 
report under paragraph (1), submit to Congress a copy of the 
report, together with any comments concerning the report that 
the Secretary considers appropriate. 
"(3) The Committee may also submit to the Secretsiry such 
other reports and recommendations as the Conunittee considers 
appropriate. 
"(4) The Secretary shall submit with each annual report submit-
ted to the Congress pursuant to section 529 of this title a simunary 
of aU reports and recommendations of the Committee submitted 
to the Secret£iry since the previous 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 Indian, Alaskan 
Native, and Native Hawaiian); or 
"(5) Pacific-Islander American. 
"(e) The Committee shall cease to exist December 31, 1997.". 
Termination 
date. 
108 STAT. 4670 
PUBLIC LAW 103-446—NOV. 2, 1994 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
mng of such chapter is £imended by adding after the item relating 
to section 543 the following new item: 
"544. Advisory Committee on Minority Veterans.". 
SEC. 511. 
MAILING 
OF 
NOTICES 
OF 
APPEAL 
TO 
THE 
COUKT 
OF 
VETER-
ANS 
APPEALS. 
38 use 7266. 
(a) IN GENERAL.—Section 7266(a) is amended to read as follows: 
"(a)(1) In order to obtain review by the Court of Veterans 
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 deUvered. 
"(B) On the date of the United States Postal Service post-
mark 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 particular date, the 
United States Postal Service postmark on the cover in which the 
notice is posted must be legible. The Court shall determine the 
legibihty of any such postmark and the Court's determination as 
to legibihty shall be final and not subject to review by any other 
Court.". 
38 use 7266 
(b) APPLICATION.—The amendment made by subsection (a) shall 
^°^- 
take effect on the date of the enactment oi this Act and shall 
apply to notices of appeal that are dehvered 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. 
38 use 3034. 
(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. 
38 use 3241. 
(b) POST-VIETNAM ERA.—Section 3241(b) is amended— 
(1) by striking out paragraph (2); 
(2) by striking out I D " after "(b)"; and 
(3) by redesignating subparagraphs (A), (B), and (C) as 
paragraphs (1), (2), and (3), respectively. 
38 use 2136. 
(c) RESERVE PROGRAM.—Section 2136(c) of titie 10, United 
States Code, is amended— 
(1) by striking out paragraph (2); 
(2) by striking out \ I f afl^r "(c)"; and 
(3) by redesignating subparagraphs (A), (B), and (C) as 
paragrapns (1), (2), and (3), respectively. 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4671 
(d) EFFECTIVE DATE.—^The amendments made by this section 
38 use 3304 
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— 
38USC3ii5. 
(1) in subsection (a)— 
(A)inparagrai)h(l)— 
(i) by striking out "or" after "(including the Depart-
ment of Veter;=ins Affairs),"; and 
(ii) by inserting "or of any federally recognized 
Indian tribe," after *%iancial assistance,"; and 
(B) in paragraph (4), by insertmg "any federally recog-
nized Indian tribe, after "contributions,"; 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, nation, pueblo, or 
other organized group or community, including any Alaska Native 
village or regional corporation as denned in or established pursuEint 
to the Alaska Native Claims Settlement Act, which is recognized 
as eUgible for the special programs and services provided by the 
United States to Indians bcicause of their status as Indians.". 
(b) ALLOWANCES.—Section 3108(cX2) is amended by inserting 
38 use 3i08. 
"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 
38 use 3102 
the period at the end and inserting in Ueu thereof ", but shall 
^°^-
not apply to veterans and other persons who originally appHed 
for Eissistance under chapter 31 of titie 38, United States Code, 
before November 1,1990.". 
(2) The amendment made by paragraph (1) shall take effect 
Effective date. 
as of October 29,1992. 
SEC. 603. ALTERNATIVE TEACHER CERTIFICATION PROGRAMS. 
(a) IN GENERAL.—Section 3452(c) is amended by adding at 
38use3i02 
the end the following: "For the period ending on September 30, 
oQ^Tcr- QAK-) 
1996, such term inchSes any entity tiiat provides ta-aimng requireci 
^^ ^ ^ ^^^^ 
for completion of any State-approved alternative teacher certifi-
cation program (as determined by the Secretary).". 
(b) CLARIFYING AMENDMENT.—Section 3002 is amended by add- 38 use 3002. 
ing at the end the following' new paragraph: 
"(8) The term 'educational institution' has the meaning given 
such term in section 3452(c) of this titie.". 
SEC. 604. EDUCATION OUTSIDE THE UNITED STATES. 
(a) IN GENERAL.—The first sentence of section 3476 is amended 
38 use 3476. 
to read as follows: "An eligible veteran may not enroll in any 
course offered by an educational institution not located in a State 
unless that educational institution is an approved institution of 
higher learning and the course is approvea by the Secretary.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
38 use 3476 
shall apply with respect to courses approved on or after the date 
"°**-
of the enactment of tnis Act 
SEC. 606. CORRESPONDENCE COURSES. 
(a) APPROVAL OF PROGRAMS OF EDUCATION.—(1) Section 3672 
38 use 3672. 
is amended by adding at the end the following new subsection: 
108 STAT. 4672 
PUBLIC LAW 103-446—NOV. 2, 1994 
38 use 3675. 
38 use 3680. 
38 use 3686. 
38 use 3672 
note. 
38 use 3674. 
38 use 3674 
note. 
38 use 3674. 
38 use 3674A. 
38 use 3688. 
38 use 3692. 
"(e) A program of education exclusively by correspondence, and 
tiie correspondence portion of a combination correspondence-resi-
dence course leading to a vocational objective, tiiat is offered by 
an educational institiition (as defined m section 3452(c) of tiais 
titie) may be approved only if (1) tiie educational institution is 
accredited by an entity recognized by the Secretary of Education, 
and (2) at least 50 percent of tiiose pursuing such a program 
or course require 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 provided in section 3672(e) 
of this titie, 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 paragraph (3) 
and inserting in Ueu 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 titie)". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply with respect to programs of education 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 appears suid inserting in 
Heu thereof "$13,000,000". 
(2) The amendments made by subsection (a) shall apply with 
respect to services provided under such section after September 
30,1994. 
(b) EUMINATION 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 pEira-
graphs (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 Ueu thereof "sub-
section (a)(4)"; and 
(B) by inserting "of this titie" 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 inserting in Heu 
thereof "tiiis chapter,"; and 
(2) by inserting before the period at the end thereof the 
foUowing: ", or chapter 106 of titie 10". 
SEC. 608. VETERANS' ADVISORY COMMITTEE ON EDUCATION. 
Section 3692 is amended— 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4673 
(1) in the first sentence of subsection (a)— 
(A) by striking out **34,''; and 
(B) bv insertuw "and chapter 106 of title 10" before 
the period, at the end; 
(2) m the first sentence of subsection (b), by striking out 
"this chapter^ and all that follows through "of this title and 
inserting in Heu thereof "this chapter, chapter 30, 32, and 
35 of this title, and chapter 106 of title ICT; and 
(3) in subsection (c), by striking out "December 31, 1994" 
and inserting in Ueu thereof "December 31, 2003". 
SEC. 
609. 
CONTRACT 
EDUCATIONAL 
AND 
VOCATIONAL 
COUNSELING. 
(a) PAYMENT LIMITATION.—Section 3697(b) is amended by strik- 
38 use 3697. 
ing out "$5,000,000" and inserting in Ueu thereof "$6,000,000". 
(b) EFFECTIVE DATE,—The amendment made by subsection (a) 38 use 3697 
shall take effect on October 1,1994. 
"ot« 
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 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 Ueu thereof me foUowing: * ^ the community 
for the entire period of training of the eligible person.". 
(B) The amendment made by subparagraph (A) shall apply 
10 use 1143 
with respect to programs of training under the Service Members 
^ 
Occupational Conversion and Training Act of 1992 beginning sifter 
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 "subparagrM)h (B)" in subparagraph 
(A) and mserting in Ueu mereof subparagraphs (B) and 
(C)"; 
(B) by inserting before the period at the end of subpara-
graph (A) the foUowing: "but in no event to exceed hours 
equivalent to 18 months of trfdning"; and 
(C) by adding at the end the following new subpara-
graph: 
"(C) Assistance may be peiid under this subtitie on behalf of 
an eligible person to mat person's employer for training under 
two or more programs of job training under this subtitie if such 
employer has not received (or is not due) on that person's behalf 
assistance in an amount aggregating the appUcable Jimount 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 witli that employer under this subtitie, which-
ever is earUer". 
(c) ENTRY INTO PROGRAM OF JOB TRAINING.—Section 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 Ueu 
thereof "The eligible person may begin such program of job training 
with the employer on the day that notice is transmitted to such 
108 STAT. 4674 
PUBLIC LAW 103-446—NOV. 2, 1994 
official by means prescribed by such official. However, Eissistance 
under this subtitle may not be provided to the employer if such 
official, within two weeks after the date on which such notice 
is transmitted, disapproves the eUgible person's entry into that 
program of 
job training in accordance with this sectioa". 
TITLE VII—EMPLOYMENT PROGRAMS 
SEC. 701. JOB COUNSELING, TRAINING, AND PLACEMENT. 
(a) DEPUTY ASSISTANT SECRETARY OF LABOR FOR VETERANS' 
38 use 4102A. 
EMPLOYMENT AND TRAINING.—Section 4102A(a) is amended— 
(1) by striking out "(1)" and "(2)" and inserting 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' Employment and Train-
ing. 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.—Section 
38USC4103A. 
4103A(a)(l) is amended by striking out "a rate not less than the 
rate prescribed for an entry level professional" and inserting in 
Ueu thereof "rates comparable to those paid other professionals 
performing essentially similar duties". 
(c) SPECIAL UNEMPLOYMENT STUDY.—Subsection (a) of section 
38 use 4110A. 
4110A is amended to read as follows: 
"(a)(1) The Secretary, through the Bureau of Labor Statistics, 
shall conduct a study every two years of unemployment among 
each of the following categories of veterans: 
"(A) Special disabled veterans. 
"(B) Veterans of the Vietnam era who served in the Viet-
nam theater of operations during the Vietnam era. 
"(C) Veterans who served on active duty during the Viet-
nam era who did not serve in the Vietnam theater of operations. 
"(D) Veterans who served on active duty after the Vietnam 
era. 
"(E) Veterans dischai^ed or released from active duty 
within four years of the applicable study. 
Women. 
"(2) Within each of the categories of veterans specified in para-
graph (1), the Secret€uy shall include a separate category for women 
who are veterans. 
Reports. 
"(3) The Secretary shall promptiy submit to Congress a report 
on the results of each study under paragraph (1).". 
SEC. 702. EMPLOYMENT AND TRAINING OF VETERANS. 
38 use 4212. 
(a) FEDERAL CONTRACTS.—Section 4212(a) is amended by stirik-
ing out "all of its suitable employment openings," in clause (1) 
of the third sentence and inserting in heu thereof "all of its employ-
ment openings except that the contractor may exclude openings 
for executive and top management positions, positions wluch are 
to be fiUed from within the contractor's organization, sind positions 
lasting three days or less,". 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4675 
(b) ELIGIBIUTY REQUIREMENTS FOR VETERANS UNDER FEDERAL 
EMPLOYMENT AND' TRAINING PROGRAMS.—Section 4213 is amend-
ed— 
(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 
E
erson under chapter 106 of title 10," after "chapters 13 and 
5 of such title, £ind"; and 
(3) by striking out "the needs or qualifications of partici-
pants in" and inserting in Ueu thereof "eligibility under". 
TITLE VIII—CEMETERIES AND 
MEMORIAL AFFAIRS 
SEC. 801. ELIGIBILITY IX)R BURIAL IN NATIONAL CEMETERIES OF 
SPOUSES WHO PREDECEASE VETERANS. 
Section 2402(5) is junended by inserting "spouse," after "The". 38 use 2402. 
SEC. 802. RESTORATION OF BURIAL ELIGIBILITY FOR UNREMARRIED 
SPOUSES. 
Section 2402(5), as amended by section 801, is ftirther amended 
by inserting after "surviving spouse" the following: "(which for 
purposes of this chapter includes an unremarried surviving spouse 
who had a subsequent remarriage which was terminated by death 
or divorce)". 
SEC. 803. 
EXTENSION 
OF 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
STATE 
CEMETERY 
GRANT PROGRAM. 
Paragraph (2) of section 2408(a) is amended by striking out 
38 use 2408. 
"nine" and inserting in lieu thereof "fourteen". 
SEC. 804. AUTHORITY TO USE FLAT GRAVE MARKERS AT THE WILLAM- 
38 USe 2404 
ETTE NATIONAL CEMETERY, OREGON. 
note. 
Notwithstanding section 2404(c)(2) of title 38, United States 
Code, the Secretary of Veterans Affairs may provide for flat grave 
markers at the Willameitte National Cemetery, Oregon. 
TITLE IX—HOUSING PROGRAMS 
SEC. 901. ELIGIBILITY. 
(a) RESERVISTS DISCHARGED BECAUSE OF A SERVICE-CONNECTED 
DISABILITY.—Section 3701(b)(5)(A) is amended— 
38 use 3701. 
(1) by inserting "(i)" before *Vho has"; and 
(2) by striking out the period at the end and inserting 
in Ueu thereof ", or (ii) who was discharged or released from 
the Selected Reserve before completing 6 years of service 
because of a service-connected disabihty.". 
(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 Reserve" after 
"duty" each place it appears; and 
108 STAT. 4676 
PUBLIC LAW 103-446—NOV. 2, 1994 
(2) by striking out "spouse shall" and inserting in lieu 
thereof "deceased spouse shall". 
SEC. 
902. 
REVISION 
IN 
COMPUTATION 
OF 
AGGREGATE 
GUARANTY. 
38 use 3702. 
Section 3702(b) is amended— 
(1) in the matter preceding paragraph (1), by striking out 
"loan, if—" and inserting in lieu thereof ^oan under the follow-
ing circimistances:"; 
(2) in paragraph (1)— 
(A) by striking out "the property" at the beginning 
of subparagraph (A) and inserting in lieu thereof "The 
property"; 
(B) by striking out the semicolon at the end and insert-
ing in lieu thereof a period; 
(3) in paragraph (2)— 
(A) by striking out "a veteran-transferee" at the begin-
ning and inserting in Heu thereof "A veteran-transferee"; 
(B) by striking out "; or'' at the end and inserting 
in lieu thereof a period; 
(4) in paragrapn (3), by striking out "the loan" at the 
beginning of suDparagraph (A) and mserting in Ueu thereof 
"The loan"; 
(5) by inserting after paragraph (3) the following new para-
graph: 
"(4) In a case not covered by paragraph (1) or (2)— 
"(A) the loan has been repaid in full and, if the Sec-
retary has suffered a loss on the loan, the loss has been 
paid in fiill; or 
"(B) the Secretary has been released from Uability as 
to the loan and, if me Secretary has suffered a loss on 
the loan, the loss has been paid in full."; 
(6) in tlie 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 sentence: "The 
authority of the Secretary under this subsection to exclude 
an amount of guaranty or insurance housing loan entitiement 
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. 
38 use 3704. 
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 IMPROVEMENTS. 
38 use 3710. 
(a) LOANS.—Section 3710(a) is amended by inserting after para-
graph (10) the following new paragraph: 
"(11) To refinance in accordance with subsection (e) an 
existing loan guaranteed, insured, or made under this chapter, 
£tnd to unprove the dwelling securing such loan through energy 
efficiency improvements, 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 subsection (a)(ll)" after "sub-
section (a)(8)"; and 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4677 
(2) in subparagraph (C), by striking out "may not exceed" 
and all that follows in such subparagraph and inserting in 
Ueu thereof "may not exceed— 
"(i) an amount equal to the sum of the balance of 
the loan being refinanced and such closing costs (including 
any discount permitted pursuant to section 3703(c)(3)(A) 
of this titie) as may be authorized by the Secretary (under 
regulations 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)(ll), an amount equal to the simi of the 
amount referred to with respect to the loan under clause 
(i) and the amount specified imder subsection (d)(2);". 
^ 
(c) FEE.—Section 3729(a)(2)(E) is amended by inserting 
38 use 3729. 
"3710(a)(ll),'' after "3710(a)(9XB)(i),''. 
SEC. 906. AUTHORITY TO GUARANTEE LOANS TO REFINANCE ADJUST-
ABLE RATE MORTGAGES TO FIXED RATE MORTGAGES. 
Section 371(Xe)(l)(A) is amended by inserting before the semi- 
38 use 3710. 
colon at the end the following: "or, in a case in which the loan 
is a fixed rate loan and the loan being refinanced is an adjustable 
rate loan, the loan bears interest at a rate that is agreed upon 
by the veteran and the mortgagee". 
SEC. 906. MANUFACTURED HOME LOAN INSPECTIONS. 
(a) CERTIFICATION OF CONFORMITY WITH STANDARDS.—Para-
graph (2) of subsection (h) of section 3712 is amended to read 
38 use 3712. 
as follows: 
"(2) Any manufactured housing unit properly displaying a cer-
tification of conformity to all applicable Federal manufactured home 
construction and safeti^ 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 
required by paragraph (1).". 
(b) REPEAL OF INSPECTION REQUIREMENTS.—Subsection (j) of 
such section is amended by striking out "in the CEise oF the first 
place it appears and all that follows and inserting in lieu thereof 
in the case o
f
—
-
"(1) manufactured homes constructed by a manufacturer 
who fails or is imable to discharge the mfinufacturer's obUga-
tions under the warranty; 
"(2) manufactured homes which are determined by the 
Secretary not to conform to the standards provided for in sub-
section (n); or 
"(3) a mEuiufacturer 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) EUMINATION OF REPORTING REQUIREMENT.—Subsection (1) 
of such section is amended— 
(1) by striking out "the results of inspections required 
by subsection (h) ofthis 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— 
38 use 3732. 
(1) in the matter preceding subparagraph (A), by striking 
out "that was the minimum amount for whicn, under appUcable 
108 STAT. 4678 
PUBLIC LAW 103-446—NOV. 2, 1994 
State law, the property was permitted to be sold at the liquida-
tion seile"; 
(2) in subpara^aph (A)— 
(A) by striking out "the Secretaty may accept convey-
ance of the property to the United States for a price not 
exceeding" and inserting in Ueu thereof "(i) the amount 
was the minimum amount for which, under applicable State 
law, the property was permitted to be sold at the Hquidation 
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 Heu thereof "or"; 
(C) by adding at the end the following: 
"(ii) there was no minimimi amount for which the property 
had to be sold at the hquidation sale imder apphcable 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 amoimt equal to the lesser of such net value or total 
indebtedness; ana"; and 
(3) in subparagraph (B), by striking out "paragraph (6)(B)" 
and inserting m Ueu thereof "pstragraph (6)". 
(b) CONFORMING AMENDMENT.—Paragraph (6) of such section 
is amended— 
(1) by striking out "either"; 
(2) by striking out "sale or acquires" and all that follows 
through "(B) the 
and inserting in Ueu thereof "sale, the"; 
and 
(3) by redesignating clauses (i) and (u) as clauses (A) and 
(B), respectively. 
SEC. 908. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT. 
38 use 5303A. 
Subparagraph (F) of section 5303A(b)(3) is amended by insert-
ing "or chapter 37" after "chapter 30" in the matter preceding 
clause (i). 
TITLE X—HOMELESS VETERANS 
PROGRAMS 
38 use 7721 
SEC. 1001. REPORTS ON ACTIVITIES OF THE DEPARTMENT OF VETER-
note. 
ANS AFFAIRS TO ASSIST HOMELESS VETERANS. 
(a) ANNUAL REPORT.—(1) Not later than April 15 of each year, 
the Secretaiv of Veterans Aifairs 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 Depart-
ment for the provision of assistance to homeless veterans. 
(2) The report shaU— 
(A) set forth the number of homeless veterans provided 
assistance under those programs; 
(B) describe the cost to the Department of providing such 
assistance under those programs; and 
(C) provide any other information on those programs and 
on the provision of such assistance that the Secretary considers 
appropriate. 
note. 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4679 
(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 pro-
grams of the Department in providing assistance to homeless veter-
ans. 
(c) CONFORMING REPEAL.—Section 10 of Public Law 102-590 
(106 Stat 5141; 37 U.S.C. 7721 note) is repealed. 
38 use 7721 
note. 
SEC. 1002. REPORT ON ASSESSMENT AND PLANS FOR RESPONSE TO 
NEEDS OF HOMELESS VETERANS. 
(a) UPDATE OF ASSESSMENT.—Subsection (b) of section 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 referred 
to in paragraph (1) update the assessment required under that 
paragraph during each of 1995,1996, and 1997.". 
(D) REPORTS ON ASSESSMENTS AND PLAN.—Subsection (i) of 
such section (106 Stat. 1978) is amended— 
38 use 527 
(1) by striking out "REPORT.—** and inserting in Ueu 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 conunittees a report that— 
"(A) describes the results of the assessment carried out 
under subsection (b); 
"(B) sets forth the lists developed under paragraph (1) 
of subsection (c); and 
"(C) describes the progress, if Euiy, made by the directors 
of the medical centerjj 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 PROGRAMS 
UNDER HOMELESS VETERANS COMPREHENSIVE 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 amended in the 
first sentence by striking out "four" and inserting in Ueu thereof 
"eighth. 
SEC. 1004. REMOVAL OF FUNDING REQUIREMENT OF HOMELESS VET-
ERANS 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. 1006. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) of the funds appropriated for any fiscal year to support 
Federsd programs wmch Eire designed to assist homeless 
individuals, a share more closely approximating the proportion 
of the population of homeless inoividuals who are veterans 
108 STAT. 4680 
PUBLIC LAW 103-446—NOV. 2, 1994 
should be appropriated to the Secretary of Veterans Affairs 
for programs to assist homeless veterans that are administered 
by tnat Secretary; 
(2) of the Federal grants made available to assist commu-
nity organizations that assist homeless individuals, a share 
of such grants more closely approximating the proportion of 
the population of homeless individuals who are veterans shoiild 
be provided to community organizations that provide assistance 
primarily to homeless veterans; and 
(3) the Secretary of Veterans Affairs should take such 
actions as are necessary to ensure that Federal agencies that 
provide assistance, either directly or indirectly, to homeless 
mdividuals, including homeless veterans, are aware of and 
encouraged to make appropriate referrals to feiciUties of the 
Department of Veterans Attairs for benefits and services, such 
as health care, substance abuse treatment, coimseling, and 
income assistance. 
TITLE XI—REDUCTIONS IN DEPART-
MENT OF VETERANS AFFAIRS PER-
SONNEL 
38 use 712 
SEC. 1101. FINDINGS. 
Congress makes the following findings: 
(1) Under proposals for national health care reform, the 
Department of Veterans Affairs will be required to provide 
health care services to veterans on a competitive basis with 
other health care providers. 
(2) The elimination of positions fix)m the Department that 
the Office of Management and Budget has scheduled to occur 
in fiscal years 1995 through 1999 would prevent the Depart-
ment fix)m meeting the responsibUities of the Department to 
provide health care to veterans under law and fi'om maintaining 
the quahty of health care that is currently provided to veterans. 
SEC. 1102. REQUIREMENT FOR MINIMUM NUMBER OF FULL-TIME 
EQUIVALENT POSITIONS. 
(a) IN GEhfERAL.—Chapter 7 is amended by adding at the 
end the following new section: 
^§712. Fvill-time equivalent positions: limitation on reduc-
tion 
"(a) Notwithstanding any other provision of law, the number 
of fiiU-time equivalent positions in the Department of Veterans 
AffiEiirs 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 fiill-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 agencies 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 fiill-
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4681 
time eqiuvalent positions ia tiie Department of Veterans Affairs 
during that fiscal year shall be the number equal to— 
"(1) the number of such positions in the Department during 
that fiscal yesir, 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 fix)m funds other 
th£in appropriated fiinds; and 
"(B) the number of such positions held during that 
fiscal year by persons involved in medical care cost recovery 
activities under section 1729 of this titie. 
"(c) The Secretary shall not be required to make a reduction 
in the ntmiber of full-time equivalent positions in tiie Department 
unless such reduction— 
"(1) is necessary due to a reduction in fiinds available 
to the Department; or 
"(2) is required imder a law that is enacted after the 
date of the enactment of this section and that refers specifically 
to this section. 
"(d) The Secretary shall submit to the Conmiittees on Veterans' Reports. 
Affairs of the Senate and House of Representatives an annual 
report, through the year 2000, on the number and tvpe of fiill-
time equivalent positions in the Department that are reduced under 
this section. The report; shall include a justification for the reduc-
tions and shall be submitted with the materials provided in support 
of the budget for the Department contained in the President's 
budget submitted to Congress for a fiscal year pursuant to section 
1105 of titie 31.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begLn-
ning of such chapter is amended by adding at the end the following 
new item: 
"712. Pull-time equivalent positions: limitation on reduction.". 
SEC. 
1
1
0
3
. ENHANCED AUTHORITY TO CONTRACT FOR NECESSARY 
SERVICES. 
Section 8110(c) is amended by striking out paragraph (7) and 38 use 8110. 
inserting in Ueu 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 fi^m 
performsince by Federal employees to performance by employees 
ofa contractor of the (jovemment, the Secretary shall— 
"(A) require in the contract for the performance of such 
activity that the contractor, in hiring employees for the perform-
ance of the contract, give priority to former employees of the 
Department who have been displaced by the award of the 
contract; and 
"(B) provide to such former employees of the Department 
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 annual report Reports. 
to Congress under section 529 of this titie, 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 
108 STAT. 4682 
PUBLIC LAW 103-446—NOV. 2, 1994 
38 u s e 1701 
note. 
C!ontracts. 
such report a description of each use of such authority, together 
with the rationale 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-Federal entity 
under which the entity shall cany out a study of the feasibihty 
and advisability of alternative organizational structures, such as 
the estabhshment of a whoUy-owned Cjovemment 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 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 authorized to 
be appropriated for the Department of Veterans Affairs the sum 
of $1,000,000 for the piuposes of canying out the study required 
under subsection (a). 
TITLE XII—TECHNICAL AND CLERICAL 
AMENDMENTS 
38 use 101. 
38 u s e 1532. 
38 use 3745. 
38 use 4102A. 
38 use 4110. 
38 use 3121, 
7603, 7604, 7612, 
7615, 7616, 7622, 
7623, 7635, 8110. 
SEC. 1201. AMENDMENTS TO TITLE 38, UNITED STATES CODE. 
(a) REFERENCES TO "SECRETARY'' AND ''DEPARTMENT^.—^Titie 38, 
United States Code, is amended as foUows: 
(1) Paragraph (1) of section 101 is amended to read as 
follows: 
"(1) The terms 'Secretaiy' and 'Department' mean the Secretary 
of Veterans Affairs and the Department of Veterans Affairs, respec-
tively.". 
(2) Section 1532(c) is amended by striking out "Secretary" 
and inserting in heu thereof "Veterans' Administration". 
(3) Section 3745(a) is amended by striking out "Secretary" 
after "consult with the" and inserting in Ueu thereof "Adminis-
trator". 
(4) Section 4102A(e) is amended by striking out "Regional 
Secretary" both places it appears and inserting 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 titie 38, United States Code, 
are amended by striking out "Department of Medicine and 
Surgery" each place it appears and inserting in Ueu thereof 
"Veterans Health Administration": sections 3120(a), 3120(f), 
3121(a)(3), 
7603(a), 
7603(c)(1)(B), 
7604(1XB), 
7604(2)(D), 
7612(c)(lXB), 
7615, 
7616(b)(2), 
7616(c), 
7622(bXl), 
7622(cX2)(A), 7623(b), 7635(aXl), 7635(aX2), and 8110(a). 
(2) Section 7622(cX2XB) of such title is amended by striking 
out "such Department" and inserting in Ueu thereof "me Veter-
ans Health Administration". 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4683 
(c) CONFORMING AMENDMENTS RELATING TO CONVERSION OF 
POSITIONS OF CHIEF MEDICAL DIRECTOR AND CHIEF BENEFITS 
DIRECTOR TO UNDER SECRETARY POSITIONS.—Title 38, United 
States Code, is amended as follows: 
(1) Section 305 is amended— 
38 use 305. 
(A) in subsection (a)(1), by striking out "a Under Sec-
retary" and inserting in lieu thereof "an Under Secretary"; 
and 
(B) in subsection (d)(2)(F), by striking out "Under Sec-
retary" the second place it appears and aU that follows 
through the closing parenthesis and inserting in Ueu 
thereof "Chief Medicsd Director of the Veterans' Adminis-
tration)". 
(2) Section 306 is amended— 
(A) in subsection (a), by striking out "a Under Sec-
retary" and inserting in heu thereof "an Under Secretary"; 
and 
(B) in subsection (d)(2)(F), by striking out "Under Sec-
retary" the second place it appears and all that follows 
through the closing parenthesis and inserting in Ueu 
thereof "Chief Benefits Director of the Veterans' Adminis-
tration)". 
(3) Section 7306 is amended— 
38 use 7306. 
(A) in subsection (a)— 
(i) in paragraph (3), by striking out "Assistant 
X 
Chief Medical Directors" and inserting in Heu thereof 
"Assistant Under Secretaries for Health"; 
(ii) by redesignating the last three paragraphs as 
paragraphs (8), (7), and (9) respectively; 
(iii) by reversing the order in which the penul-
timate and antepenultimate paragraphs appear, and 
(iv) in paragraph (8), as so redesignated, by strik-
ing out "Chief Medical Director" and inserting in Ueu 
thereof "Under Secretary for Health"; 
(B) in subsection (b), by striking out "Assistant Chief 
Medical Directors" in the matter preceding peiragraph (1) 
and inserting in lieu thereof "Assistant Under Secretaries 
for Health"; and 
(C) in subsection (c), by striking out "and (7)" and 
inserting in Ueu thereof "and (8)". 
(4) Section 7314(d) is amended— 
38 use 7314. 
(A) in paragraph (1)— 
(i) by striking out "the Chief Medical Director and 
the Secretary to carry out" and inserting in Ueu thereof 
"the Secretary and the Under Secretary for Healtii 
in canying outf'; and 
(ii) by striking out "the Assistant Chief Medical 
Director aescribed in section 7306(b)(3)" and inserting 
in Ueu thereof "the Assistant Under Secretary for 
Health described in section 7306(b)(3)"; and 
(B) in paragraph (3), by striking out "Assistant Chief 
Medical Director" both places it appears and inserting in 
Ueu thereof "Assistant Under Secretary". 
(5) Section 7318 is amended by striking out "Chief Medical 
38 use 7318. 
Director" each place it appears and inserting in Ueu thereof 
"Under Secretary for Hesdth". 
108 STAT. 4684 
PUBLIC LAW 103-446—NOV. 2, 1994 
38 use 7440. 
38 use 7451. 
38 use 115. 
38 use 1710. 
38 u s e 1712. 
38 use 3018A. 
38 use 3018B. 
38 use 3032. 
38 use 3035. 
38 u s e 3103. 
38 use 3106. 
38 use 3113. 
38 use 3120. 
38 use 3241. 
38 use 3735. 
38 u s e 4103. 
38 use 5104. 
38 use 8103. 
38 use 8110. 
38 use 8135. 
38 use 8155. 
(6) Section 7440(1) is amended by striking out "Chief Medi-
cal Director's" and inserting in lieu thereof "Under Secretary 
for Health's". 
(7) Section 7451(g)(1) is amended by striking out "Chief 
Medical Director's" and inserting in lieu thereof "Under Sec-
retary for Health's". 
(d) CROSS REFERENCE AMENDMENTS TO PROVISIONS OF TITLE 
38.—Title 38, United States Code, is amended as follows: 
(1) Section 115 is amended by striking out "sections 230" 
and inserting in lieu thereof "sections 314, 315, 316,". 
(2) Section 1710(f)(3)(E) is amended by striking out "section 
1712(f)" and "section 1712(f)(4)" and inserting in lieu thereof 
"section 1712(a)" and "section 1712(f)", respectively. 
(3) Section 1712 is amended— 
(A) in subsection (i)(5), by striking out "section 
1722(a)(1)(C)" and inserting in lieu thereof 
"section 
1722(a)(3)"; and 
(B) in subsection (j), by striking out "Section 4116" 
and inserting in lieu thereof "Section 7316". 
(4) Section 3018A(d)(3) is amended by striking out "section 
3015(e)" and inserting in lieu thereof "section 3015(f)". 
(5) Section 3018B(d)(3) is amended by striking out "section 
3015(e)" and inserting in lieu thereof "section 3015(f)". 
(6) Section 3032(f)(3) is amended by striking out "(c), or 
(d)(1)" and inserting in lieu thereof "(d), or (e)(1)". 
(7) Section 3035(b) is amended— 
(A) in paragraph (2), by striking out "section 3015(c)" 
and inserting in lieu thereof "section 3015(d)"; and 
(B) in paragraph (3)(C), by striking out "section 
3015(e)" and inserting in lieu thereof "section 3015(f)". 
(8) Section 3103(b)(3) is amended by striking out "section 
3102(1)(A)" and inserting in lieu thereof "section 3102(l)(A)(i)". 
(9) Section 3106(a) is amended by striking out "section 
3102(1)(A) or (B)" and inserting in lieu thereof "clause (i) or 
(ii) of section 3102(1)(A)". 
(10) Section 3113(a) is amended by striking out "section 
3102(1)(B) and (2)" and inserting in lieu thereof "subparagraphs 
(A)(ii) and (B) of section 3102(1)". 
(11) Section 3120(b) is amended by striking out "section 
3012(1)(A)" and inserting in lieu thereof "section 3102(l)(A)(i)". 
(12) Section 3241(c) is amended by striking out "1663,". 
(13) Section 3735(a)(1)(A) is amended by striking out "sec-
tion 3402" and inserting in lieu thereof "section 5902". 
(14) Section 4103(c)(2) is amended by striking out "sub-
chapter IV of chapter 3" and inserting in lieu thereof "sub-
chapter II of chapter 77". 
(15) Section 5104(a) is amended by striking out "section 
211(a)" and inserting in lieu thereof "section 511". 
(16) Section 8103(d)(6)(A) is amended by striking out "sec-
tion 230(c)" and inserting in lieu thereof "section 316". 
(17) Section 8110(c)(3)(B) is amended by striking out "sec-
tion 213 or 4117" and inserting in lieu thereof "section 513 
or 7409". 
(18) Section 8135(a)(3) is amended by striking out "section 
8134(2)" and inserting in lieu thereof "section 8134(a)(2)". 
(19) Section 8155(a) is amended by striking out "section 
4112" and inserting in lieu thereof "section 7312". 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4685 
(20) Section 8201(c) is amended by striking out "section 
4112(a)" and inserting in lieu thereof "section 7312(a)''. 
(e) PUNCTUATION, CAPITALIZATION, SPELLING, ETC.—Title 
38, 
United States Code, is amended as follows: 
(1) Section 111(b)(3)(B) is amended by striking out "the 
Department facility" said inserting in lieu thereof a Depart-
ment facility". 
(2) Sections 305(d)(2)(F) and 306(d)(2)(F) are amended by 
striking out "Commission" and inserting in Ueu thereof 
"comnussion". 
(3) Section 312(a) is amended by striking out "(5 U.S.C. 
App. 3)" and inserting in lieu thereof "(5 U.S.C. App.)". 
(4) Section 317(b)(2) is amended by striking out "provided, 
by the" and inserting in Ueu thereof "provided by, the". 
(5) Section 711(a) is amended by striking out "Committees" 
and inserting in lieu tiiereof "committees". 
(6) Section 1116(a)(1)(B) is amended by striking out "(1)" 
and "(2)" and inserting in lieu thereof "(i)" and "(ii)", respec-
tively. 
(7) Section 1722A(a)(l) is amended by striking out the 
closing parenthesis after "veteran" in the first sentence. 
(8) Section 1969(e) is amended— 
(A) by striking out "sections 1971 (a) and (c)" and 
inserting in. lieu thereof "subsections (a) and (c) of section 
1971"; and 
(B) by striking out "sections 1971 (d) and (e)" and 
inserting in Ueu thereof "subsections (d) and (e) of section 
1971". 
(9) Section 1977(f) is amended by striking out "sections 
1971 (d) and (e)" and inserting in Ueu thereof "subsections 
(d) and (e) of section 1971". 
(10) Section 3011(f)(1) is amended by striking out "whose 
length" and inserting in Ueu thereof "tiie length of which". 
(11) Section 3018B(d) is amended— 
(A) in paragraph (1), by striking out "(a)(2)(D) of this 
subsection" sind inserting in Ueu thereof "(a)(2)(D) of this 
section"; and 
(B) in paragniph (3)— 
(i) by stiiking out "such Account" and inserting 
in Ueu thereof "such account"; and 
(ii) by striking out "this chapter'' and inserting 
in Ueu thereof "this titie". 
(12) Section 3688(a)(6) is amended by inserting a comma 
after "3241(a)(2)". 
(13) Section 3706 is amended by striking out "of this chap-
ter'' the second and third places it appears and inserting m 
Ueu thereof "of this title". 
(14) Section 3712 is amended— 
(A) in subsection (c)(3)— 
(i) by inserting "of in subparagraph (D) after 
"subparagraph (B)"; and 
(ii) by striking out "of this subsection" in subpsira-
graph (E) and inserting in Ueu thereof "of this para-
graph"; and 
(B) in subsection (m), by striking out "section 3704(d) 
and section 3721 of this cnapter" and inserting in Ueu 
thereof "sections 3704(d) and 3721 of this titie". 
38 u s e 820L 
38 use 111. 
38 use 305, 306. 
38 use 312. 
38 use 317. 
38 use 711. 
38 use 1116. 
38 u s e 1722A. 
38 use 1969. 
38 use 1977. 
38 u s e 3011. 
38 use 3018B. 
38 use 3688. 
38 use 3706. 
38 use 3712. 
108 STAT. 4686 
PUBLIC LAW 103-446—NOV. 2, 1994 
38 use 3713. 
(15) Section 3713(b) is amended in the last sentence by 
striking out "subsection 5302(b) of this title, if eligible there-
under" and inserting in lieu thereof "section 5302(b) of this 
title, if the veteran is eligible for reUef under that section". 
38 use 5702. 
(16) Section 5702 is amended— 
(A) by inserting "(a)" before "Any person desiring"; 
(B) by striking out "custody of and all that follows 
through "stating" and inserting in lieu thereof "custody 
of the Secretary that may be disclosed under section 5701 
of this titie must submit to the Secretary an application 
in writing for such copy. The application shall state"; and 
(C) in subsection (c), by striking out ^s authorized 
to fix" and inserting in lieu thereof "may establish". 
38 use 6101. 
(17) Section GlOlfa) is amended by inserting a comma 
after "titie 18". 
38 use 6103. 
(18) Section 6103(d)(1) is amended in the second sentence— 
(A) by striking out "(a)" and "(b)" and inserting in 
Ueu thereof "(A)" £md "(B)", respectively; and 
(B) by striking out *^rior to" and inserting in Ueu 
thereof "before". 
38 use 6105. 
(19) Section 6105(c) is amended— 
(A) in the first sentence, by striking out "clauses (2), 
(3), or (4) of subsection (b) of this section" and inserting 
in Ueu thereof "paragraph (2), (3), or (4) of subsection 
(b)"; 
(B) in the second sentence, by striking out "clause 
(1) of that subsection" and inserting in Ueu thereof "para-
graph (1) of subsection (b)"; and 
(C) by transposing the two sentences of that subsection 
(as so amended). 
38 use 7312. 
(20) Section 7312(d) is amended by striking out "the 
advisory groups activities" and inserting in Ueu thereof "the 
activities of the advisory group". 
38 use 7408. 
(21) Section 7408(a) is amended by striking out "civil-serv-
ice" and inserting in Ueu thereof "civil service". 
38 use 7433. 
(22) Sections 7433(b)(3)(A) and 7435(b)(3)(A) are amended 
by striking out "nation-wide" and inserting in Ueu thereof 
"nationwide". 
38 use 7451. 
(23) Section 7451(d)(3)(C)(i)(I) is amended by striking out 
"labor market area" and inserting in Ueu thereof "labor-market 
area". 
38 use 7453. 
(24) Section 7453 is amended by striking out "subsections" 
in subsections (f) and (g) and inserting in Ueu thereof "sub-
section" 
38 use 7601. 
(25) Section 7601(a) is amended by striking out the conmia 
at the end of paragraph (1) and inserting in Ueu thereof a 
semicolon. 
38 use 7604. 
(26) Section 7604 is amended by striking out "subchapters" 
in paragraphs (1)(A), (2)(D), and (5) and inserting in Ueu thereof 
"subchapter''. 
38 use 8126. 
(27) Section 8126 is amended— 
(A) in subsection (e)(1)(A), by striking out "1-year" 
and inserting in Ueu thereof "one-year"; and 
(B) in subsection (f)(2), by strikiiig out ", and" and 
inserting in Ueu thereof a period. 
(f) DATE OF ENACTMENT REFERENCES.—Titie 38, United States 
Code, is amended as foUows: 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4687 
38 use 3011, 
3012. 
38 use 3018B. 
38 use 3702. 
38 use 6103. 
38 use 8126. 
(1) Section 1922A(b) is amended by striking out "insurance 
38 USe 1922A. 
not later than" and all that follows through "that the Depart-
ment" and inserting in Ueu thereof "insurance. Such application 
must be filed not later than (1) October 31, 1993, or (2) the 
end of the one-yesir period beginning on the date on which 
the Secretary". 
(2) Sections 3011(e) and 3012(f) are amended by striking 
out "the end of the 24-month period beginning on the date 
of the enactment of this subsection" and inserting in Heu thereof 
"October 28, 1994,". 
(3) Section 3018B(a)(2)(A) is amended by striking out "the 
date of enactment of this section" and inserting in lieu thereof 
"October 23,1992,". 
(4) Section 3702(a)(2)(E) is amended by striking out "For 
the 7-year period beginning on the date of enactment of this 
subparagraph," and inserting in Heu thereof "For the period 
beginning on October 28, 1992, and ending on October 27, 
1999,". 
(5) Section 6103(d)(2) is amended by striking out "the date 
of enactment of this amendatory Act" and inserting in lieu 
thereof "June 30, 1972". 
(6) Section 8126 is amended— 
(A) in subsection (e)(1)(A), by striking out "30 days 
after the date of the enactment of this section" and insert-
ing in lieu thereof "December 4,1992"; and 
(B) in subsection (g), by striking out "the date of the 
enactment of this section" in paragraphs (1) and (2) and 
inserting in lieu thereof "November 4, 1992". 
(g) OBSOLETE OR EXECUTED PROVISIONS.—Title 38, United 
States Code, is amended as follows: 
(1) Section 312(b) is amended by striking out para-
graph (3). 
(2) Section 1524(a)(2) is amended by striking out "Subject 
to paragraph (3) of this subsection, if' and inserting in lieu 
thereof ^ r . 
(3) Section 4110(c)(1) is amended by striking out "shaU, 
within 90 days after the date of the enactment of this section, 
appoint^ and inserting in lieu thereof "shall appoint". 
(4)(A) Section 5505 is repealed. 
(B) The table of sections at the beginning of chapter 55 
is amended by striking out the item relating to section 5505. 
(5) Section 7311 is amended by striking out subsections 
38 use 7311. 
(f) and (g). 
(6) Section 7453(i)(3) is amended by striking out "of 38USC7453. 
title 5". 
(7) Section 8110(c) is amended by striking out para- 
38 use 8110. 
graph (7). 
(8) Section 8111(b) is amended— 
38 use 8ili. 
(A) in paragraph (2)— 
(i) by striking out "Dming fiscal years 1982 and 
1983" in the second sentence and inserting in Ueu 
thereof "During odd-numbered fiscal years"; 
(ii) by stnking out "During fiscal year 1984" in 
the third sentence and inserting in lieu thereof "During 
even-numbered fiscal years"; and 
(iii) by striking out tlie foiuHi sentence; and 
38 u s e 312. 
38 use 1524. 
38 use 4110. 
108 STAT. 4688 
PUBLIC LAW 103-446—NOV. 2, 1994 
(B) in paragraph (4), by striking out "Within nine 
months of the date of the enactment of this subsection 
and at such times thereafter as*' and inserting in Ueu 
thereof "At such times as". 
(h) AMENDMENTS TO HEADINGS AND TABLES OF CONTENTS.— 
Title 38, United States Code, is amended as foUows: 
(1) The table of chapters before part I and the table of 
chapters at the beginning of part i n are amended by striking 
out the item relating to chapter 42 and inserting in lieu thereof 
the following: 
"42. Employment and Training of Veterans 
4211". 
(2) The heading of section 2106 is amended bv revising 
each word after the first word so that the initial letter of 
each such word is lower case. 
(3) The item relating to subchapter III in the table of 
sections at the beginning of chapter 73 is amended to read 
as follows: 
"SUBCHAPTER III—PROTECTION OF PATIENT RIGHTS". 
(4) The heading of section 7458 is amended to read as 
follows: 
"§ 7458. Recruitment and retention bonus pay". 
(5) The heading of chapter 81 is amended by inserting 
"ENHANCED-USE" before "LEASES OF REAL". 
(6) The item relating to section 8126 in the table of sections 
at the beginning of chapter 81 is amended to read as follows: 
"8126. Limitation on prices of drugs procured by Department and certain other Fed-
eral agencies.". 
(i) OTHER MISCELLANEOUS CORRECTIONS.—Titie 38, United 
States Code, is amended as follows: 
38 use 1718. 
(1) Section 1718(c)(1) is amended by inserting "of Veterans 
Affairs" after "Department" in the first sentence. 
38 use 1922. 
(2) Section 1922(b)(4) is amended by striking out "Notwith-
standing" and all that foUows through "titie," and inserting 
in lieu thereof "Notwithstanding section 1917 of this titie, . 
38 use 1969. 
(3) Section 1969(d)(3) is amended by striking out "General 
Operating Expenses, Department" and inserting in Ueu thereof 
"(jeneral Operating Expenses, Department of Veterans Affairs". 
38USe30i8A. 
(4) Section 3018A(a)(l) is amended by striking "after 
December 31, 1990," and all that follows through "whichever 
is later," and inserting in Ueu thereof "after February 2, 1991,". 
38 use 3121. 
(5) Section 3121(a)(3) is amended by striking out "Depart-
ment of Veterans' Benefits" and inserting in lieu tiiereof "Veter-
ans Benefits Administration". 
38 use 3680. 
(6) Section 3680(a)(C) is amended by striking out "1 fiill" 
and inserting in Heu thereof "one fuU". 
38 use 4110. 
(7) Section 4110(e)(3)(B) is amended— 
(A) by striking out", United States Code,"; and 
(B) by striking out "the Board" and inserting in Ueu 
thereof'^e advisory committee". 
38 use 5110. 
(8) Section 5110 is amended by striking out subsection 
(m). 
38 use 7315. 
(9) Section 7315(b)(2) is amended by striking out "Depart-
ment" and inserting in Ueu thereof "Veterans' Aofministration". 
38 use 8111. 
(10) Section 8111(f)(6) is amended by inserting "of Defense" 
after "the Secretary" the second place it appears. 
PUBLIC LAW 103-446—NOV. 2, 1994 
108 STAT. 4689 
(11) Section 8502(d) is amended by striking out "Greneral 38 USC 8502. 
Post Fund, National Homes, Department," and inserting in 
lieu thereof "General Post Fund, National Homes, Department 
of Veterans A£Fairs,". 
SEC. 1202. AMENDMENTS TO OTHER LAWS ADMINISTERED BY SEC-
RETARY OF VETERANS AFFAIRS. 
(a) PUBLIC LAW 102-54.—Effective as of June 13, 1991, and 
as if included in the enactment of Public Law 102-54, PubUc Law 
102-54 is amended as follows: 
(1) Section 13(e) (105 Stat 275) is amended by striking 15 USC 644 note, 
out "subsection (b)(10)" and inserting in lieu thereof "subsection 
(0(10)". 
(2) Section 15(a)(1)(A) (105 Stat. 289) is amended by insert- 38 USC 3705. 
ing "the first place it appears" before "in the first sentence". 
(b) PUBLIC LAW 102-83.—Effective as of August 6, 1991, and 
as if included in the enactment of PubHc Law 102-83, section 
4(a) of Public Law 102-83 (105 Stat. 403) is amended as follows: 
(1) Paragraph (2)(E) is amended by striking out "Section 38 use 1701. 
t 601(4)" and inserting in Heu thereof "Section 601(3)". 
(2) Paragraph (4) is amended by adding at the end the 
38 USC 3714, 
following: 
^^^^ 
"(E) Sections 7314(b)(1) and 7315(b)(2).". 
(c) PuBUC LAW 102-86.—Section 403(b)(4) of the Veterans' 
Benefits Programs Improvement Act of 1991 (PubHc Law 102-
86; 105 Stat. 423; 36 U.S.C. 493(b)(4)) is amended by striking 
out "section 235" and inserting in Ueu thereof "section 707 . 
(d) PuBUC LAW 102-547.—Section 10(b)(2) of the Veterans 
Home Loan Program Amendments of 1992 (106 Stat. 3643; 38 
U.S.C. 3703 note) is amended by striking out "paragraph 4" and 
inserting in Ueu thereof "paragraph (4)". 
(e) PuBUC LAW 102-585.—The Veterans Health Care Act of 
1992 (PubHc Law 102-585) is amended as foUows: 
(1) Section 202 (38 U.S.C. 8111 note) is amended by striking 
out "the Chief Medical Director'' and inserting in Heu thereof 
"the Under Secretary for Health of the Department of Veterans 
Affsdrs". 
(2) Section 511(c) (38 U.S.C. 7318 note) is amended by 
striking out "Chief Medical Director" each place it appears 
and inserting in Heu thereof "Under Secretary for Health". 
SEC. 1203. AMENDMENTS TO OTHER LAWS. 
(a) PUBLIC HEALTH SERVICE ACT.—The PubHc Health Service 
Act is amended as follows: 
(1) Section 502(b)(2)(D) (42 U.S.C. 290aa-l(b)(2)(D)) is 
amended to read EIS foUows: 
"(D) the Under Secretary for Health of the Department 
of Veterans Affairs;". 
(2) Section 542(b)(2) (42 U.S.C. 290dd-l(b)(2)) is amended 
by striking out "Chief Medical Director" and inserting in Heu 
thereof "Under Secretary for Health". 
(3) Section 2604(b)(2)(A) (42 U.S.C. 300ff-14(b)(2)(A)) is 
amended by striking out "Veterans Administration faciHties" 
and inserting in Heu thereof "Department of Veterans Affairs 
faciHties". 
(b) 
MISCELLANEOUS 
DEPARTMENT 
AND 
SECRETARY 
REF- 
' 
ERENCES.—Section 5102(c)(3) of titie 5, United States Code, is 
108 STAT. 4690 
PUBLIC LAW 103-446—NOV. 2, 1994 
amended by striking out the comma after "Department of Veterans 
Affairs". 
(c) MISCELLANEOUS CROSS-REFERENCE CORRECTIONS.— 
(1) Section 1204(aXl) of title 5, United States Code, is 
amended by striking out "section 4323" and inserting in lieu 
thereof "section 4303^'. 
(2) Section 441(b)(2)(B) of the Job Training Partnership 
Act (29 U.S.C. 1721(bX2XB)) is amended— 
(A) by striking out "subchapter IV of chapter 3" and 
inserting in Heu thereof "subchapter II of cnapter 77"; 
and 
(B) by striking out "sections 612A, 620A, 1787, and 
2003A" and inserting in heu thereof "sections 1712A, 
1720A, 3687, and 4103A". 
(3) Section 107 of the Local PubUc Works Capital Develop-
ment and Investment Act of 1976 (42 U.S.C. 6706) is amended 
by striking out "section 4211(2XA)" and "section 2011(1)" insert-
ing in lieu thereof "section 4211(2)" and "section 4211(1)", 
resDectivelv. 
(4) Section 4(g)(2) of the Employment Act of 1946 (15 
U.S.C. 1022a(gX2)) is amended— 
(A) by striking out "this subsection" and inserting in 
heu thereof "this section"; and 
(B) b^ striking out "section 2011(1) or (2)(A)" and 
inserting m heu thereof "section 4211(1) or (2)". 
Approved November 2, 1994. 
LEGISLATIVE HISTORY—H.R. 5244: 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Oct. 7, considered and passed House. 
Oct. 8, considered £ind passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Nov. 2, Presidential statement.