Veterans' Benefits Act of 1997
PL 105-114 (S.714), enacted 11/21/1997

PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2277 
Public Law 105-114 
105th Congress 
An Act 
To amend title 38, United States Code, to revise, extend, and improve programs 
Nov. 21, 1997 
for veterans. 
[g 714] 
Be it enacted by the Senate and House of Representatives of Veterans' 
the United States of America in Congress assembled, 
^IS?^^*^ ^'^^ °^ 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Veterans' 
38 USC 101 note. 
Benefits Act of 1997". 
(b) TABLE OF CONTENTS.—^The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
TITLE I—EQUAL EMPLOYMENT OPPORTUNITY PROCESS IN THE 
DEPARTMENT OF VETERANS AFFAIRS 
Sec. 101. Equal employment responsibilities. 
Sec. 102. Discrimination complaint adjudication authority. 
Sec. 103. Assessment and review of Department of Veterans Affairs employment 
discrimination complaint resolution system. 
TITLE II—EXTENSION AND IMPROVEMENT OF AUTHORITIES 
Sec. 201. Native American Veteran Housing Loan Program. 
Sec. 202. Treatment and rehabilitation for seriously mentally ill and homeless vet-
erans. 
Sec. 203. Extension of certain authorities relating to homeless veterans. 
Sec. 204. Annual report on assistance to homeless veterans. 
Sec. 205. Expansion of authority for enhanced-use leases of Department of Veter-
ans Affairs real property. 
Sec. 206. Permanent authority to furnish noninstitutional alternatives to nursing 
home care. 
Sec. 207. Extension of Health Professional Scholarship Program. 
Sec. 208. Policy on breast cancer mammography. 
Sec. 209. Persian Gulf War veterans. 
Sec. 210. Presidential report on preparations for a national response to medical 
emergencies eirising from the terrorist use of weapons of mass destruc-
tion. 
TITLE III—MAJOR MEDICAL FACILITY PROJECTS CONSTRUCTION 
AUTHORIZATION 
Sec. 301. Authorization of major medical facility projects. 
Sec. 302. Authorization of major medical facility leases. 
Sec. 303. Authorization of appropriations. 
TITLE rV—TECHNICAL AND CLARIFYING AMENDMENTS 
Sec. 401. Technical amendments. 
Sec. 402. Clarification of certain health care authorities. 
Sec. 403. Correction of name of medical center. 
Sec. 404. Improvement to spina bifida benefits for children of Vietnam veterans. 
SEC. 
2
. 
REFERENCES 
TO 
TITLE 
38, 
UNITED 
STATES 
CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
I l l STAT. 2278 
PUBLIC LAW 105-114—NOV. 21, 1997 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
38, United States Code. 
TITLE I—EQUAL EMPLOYMENT OPPOR-
TUNITY PROCESS IN THE DEPART-
MENT OF VETERANS AFFAIRS 
SEC. 101. EQUAL EMPLOYMENT RESPONSmiLITIES. 
(a) IN GENERAL.—(1) Chapter 5 is amended by inserting at 
the end of subchapter I the following new section: 
''§ 516. Equal emplo3mient responsibilities 
"(a) The Secretary shall provide that the employment discrimi-
nation complaint resolution system within the Department be estab-
lished and administered so as to encourage timely and fair resolu-
tion of concerns and complaints. The Secretary shall take steps 
to ensure that the system is administered in an objective, fair, 
and effective manner and in a manner that is perceived by employ-
ees and other interested parties as being objective, fair, and effec-
tive. 
"(b) The Secretary shall provide— 
"(1) that employees responsible for counseling functions 
associated with employment discrimination and for receiving, 
investigating, 
and 
processing 
complaints 
of 
employment 
discrimination shall be supervised in those functions by, and 
report to, an Assistant Secretary or a Deputy Assistant Sec-
retary for complaint resolution management; and 
"(2) that employees performing employment discrimination 
complaint resolution functions at a facility of the Department 
shall not be subject to the authority, direction, and control 
of the Director of the facility with respect to those functions. 
"(c) The Secretary shall ensure that all employees of the Depart-
ment receive adequate education and training for the purposes 
of this section and section 319 of this title. 
"(d) The Secretary shall, when appropriate, impose disciplinary 
measures, as authorized by law, in the case of employees of the 
Department who engage in unlawful emplo3niient discrimination, 
including retaliation against an employee asserting rights under 
an equal employment opportunity law. 
"(e)(1)(A) Not later than 30 days after the end of each calendar 
quarter, the Assistant Secretary for Human Resources and Adminis-
tration shall submit to the Committees on Veterans' Affairs of 
the Senate and House of Representatives a report summarizing 
the employment discrimination complaints filed against the individ-
uals referred to in paragraph (2) during such quarter. 
"(B) Subparagraph (A) shall apply in the case of complaints 
filed against individuals on the basis of such individuals' personal 
conduct and shall not apply in the case of complaints filed solely 
on the basis of such individuals' positions as officials of the Depart-
ment. 
"(2) Paragraph (1) applies to the following officers and employ-
ees of the Department: 
"(A) The Secretary. 
"(B) The Deputy Secretary of Veterans Affairs. 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2279 
"(C) The Under Secretary for Health and the Under Sec-
retary for Benefits. 
"(D) Each Assistant Secretary of Veterans Affairs and each 
Deputy Assistant Secretary of Veterans Affairs. 
"(E) The Director of the National Cemetery System. 
"(F) The General Counsel of the Department. 
"(G) The Chairman of the Board of Veterans' Appeals. 
"(H) The Chairman of the Board of Contract Appeals of 
the Department. 
"(I) The director and the chief of staff of each medical 
center of the Department. 
"(J) The director of each Veterans Integrated Services Net-
work. 
"(K) The director of each regional office of the Department. 
"(L) Each program director of the Central Office of the 
Department. 
"(3) Each report under this subsection— 
"(A) may not disclose information which identifies the 
individuals filing, or the individuals who are the subject of, 
the complaints concerned or the facilities at which the discrimi-
nation identified in such complaints is alleged to have occurred; 
"(B) shall summarize such complaints by t5^e amd by equal 
employment opportunity field office area in which filed; and 
"(C) shall include copies of such complaints, with the 
information described in subparagraph (A) redacted. 
"(4) Not later than April 1 each year, the Assistant Secretary 
shall submit to the committees referred to in paragraph (1)(A) 
a report on the complaints covered by paragraph (1) during the 
preceding year, including the number of such complaints filed dur-
ing that year and the status and resolution of the investigation 
of such complaints. 
"(f) The Secretary shall ensure that an employee of the Depart-
ment who seeks counseling relating to emplo5m[ient discrimination 
may elect to receive such counseling from an employee of the 
Department who carries out equal employment opportunity counsel-
ing functions on a full-time basis rather than from an employee 
of the Department who carries out such functions on a part-time 
basis. 
"(g) The number of employees of the Department whose duties 
include equal emplo)mient opportunity counseling fimctions as well 
as other, unrelated mnctions may not exceed 40 full-time equivalent 
employees. Any such employee may be assigned equal emplo3mient 
opportunity counseling fiinctions only at Department facilities in 
remote geographic locations (as determined by the Secretary). The 
Secretary may waive the limitation in the preceding sentence in 
specific cases. 
"(h) The provisions of this section shall be implemented in 
a manner consistent with procedures applicable under regulations 
prescribed by the Equal Employment Opportunity Commission.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 515 
the following new item: 
"516. Equal employment responsibilities.". 
(b) REPORTS.—(1) The Secretary of Veterans Affairs shall sub- 
38 USC 516 note, 
mit to Congress reports on the implementation and operation of 
the equal emplojnnent opportunity system within the Department 
of Veterans Affairs. The first such report shall be submitted not 
Ill STAT. 2280 
PUBLIC LAW 105-114—NOV. 21, 1997 
later than April 1, 1998, and subsequent reports shall be submitted 
not later than January 1, 1999, and January 1, 2000. 
(2) The first report under paragraph (1) shall set forth the 
actions taken by the Secretary to implement section 516 of title 
38, United States Code, as added by subsection (a), and other 
actions taken by the Secretary in relation to the equal employment 
opportunity system within the Department of Veterans Affairs. 
(3) The subsequent reports under paragraph (1) shall set forth, 
for each equal employment opportunity field office of the Depart-
ment and for the Department as a whole, the following: 
(A) Any information to supplement the information submit-
ted in the report under paragraph (2) that the Secretary consid-
ers appropriate. 
(B) The number of requests for counseling relating to 
employment discrimination received during the one-year period 
ending on the date of the report concerned. 
(C) The number of employment discrimination complaints 
received during such period. 
(D) The status of each complaint described in subparagraph 
(C), including whether or not the complaint was resolved and, 
if resolved, whether the employee concerned sought review 
of the resolution by the Equal Emplojonent Opportunity 
Commission or by Federal court. 
(E) The number of emplo5anent discrimination complaints 
that were settled during such period, including— 
(i) the type of such complaints; and 
(ii) the terms of settlement (including any settlement 
amount) of each such complaint. 
38 use 516 note. 
(c) EFFECTIVE DATE.—Section 516 of title 38, United States 
Code, as added by subsection (a), shall take effect 90 days after 
the date of enactment of this Act. Subsection (e) of that section 
shall take effect with respect to the first quarter of calendar year 
1998. 
SEC. 102. DISCRIMINATION COMPLAINT ADJUDICATION AUTHORITY. 
(a) IN GENERAL.—(1) Chapter 3 is amended by adding at the 
end the following new section: 
"§319. Office 
of Employment 
Discrimination 
Complaint 
Adjudication 
"(a)(1) There is in the Department an Office of Emplojmient 
Discrimination Complaint Adjudication. There is at the head of 
the Office a Director. 
"(2) The Director shall be a career appointee in the Senior 
Executive Service. 
"(3) The Director reports directly to the Secretary or the Deputy 
Secretary concerning matters within the responsibility of the Office. 
"(b)(1) The Director is responsible for making the final agency 
decision within the Department on the merits of any employment 
discrimination complaint filed by an employee, or an applicant 
for emplo)anent, with the Department. The Director shall make 
such decisions in an impartial and objective manner. 
"(2) No person may make any ex parte communication to the 
Director or to any employee of the Office with respect to a matter 
on which the Director has responsibility for making a final agency 
decision. 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2281 
"(c) Whenever the Director has reason to beheve that there 
has been retaUation against an employee by reason of the employee 
asserting rights under an equal employment opportunity law, the 
Director shall report the suspected retaliatory action directly to 
the Secretary or Deputy Secretary, who shall take appropriate 
action thereon. 
"(d)(1) The Office shall employ a sufficient number of attorneys 
and other personnel as are necessary to carry out the functions 
of the Office. Attorneys shall be compensated at a level commensu-
rate with attorneys employed by the Office of the General Counsel. 
"(2) The Secretary shall ensure that the Director is furnished 
sufficient resources in addition to personnel under paragraph (1) 
to enable the Director to carry out the functions of the Office 
in a timely manner. 
"(3) The Secretary shall ensure that any performance appraisal 
of the Director of the Office of Employment Discrimination Com-
plaint Adjudication or of any employee of the Office does not take 
into consideration the record of the Director or employee in deciding 
cases for or against the Department.". 
(2) The table of sections at the beginning of such chapter 
is amended by adding at the end the following new item: 
"319. Office of Employment Discrimination Complaint Adjudication.". 
(b) REPORTS ON IMPLEMENTATION.—The Director of the Office 
38 use 319 note. 
of Employment Discrimination Complaint Adjudication of the 
Department of Veterans Affairs (established by section 319 of title 
38, United States Code, as added by subsection (a)) shall submit 
to the Secretary of Veterans Affairs and to Congress reports on 
the implementation and the operation of that office. The first such 
report shall be submitted not later than April 1, 1998, and subse-
quent reports shall be submitted not later than January 1, 1999, 
and January 1, 2000. 
(c) EFFECTIVE DATE.—Section 319 of title 38, United States 
38 use 319 note. 
Code, as added by subsection (a), shall take effect 90 days after 
the date of enactment of this Act. 
SEC. 103. ASSESSMENT AND REVIEW OF DEPARTMENT OF VETERANS 
38 USC 516 note. 
AFFAIRS 
EMPLOYMENT 
DISCRIMINATION 
COMPLAINT 
RESOLUTION SYSTEM. 
(a) AGREEMENT FOR ASSESSMENT AND REVIEW.—(1) The Sec-
retary of Veterans Affairs shall seek to enter into an agreement 
with a qualified private entity under which agreement the entity 
shall carry out the assessment described in subsection (b) and 
the review described in subsection (c). 
(2) The Secretary shall include in the agreement provisions 
necessary to ensure that the entity carries out its responsibilities 
under the agreement (including the exercise of its judgments 
concerning the assessment and review) in a manner free of influence 
from any source, including the officials and employees of the Depart-
ment of Veterans Affairs. 
(3) The Secretary may not enter into the agreement until 15 
days after the date on which the Secretary notifies the Committees 
on Veterans' Affairs of the Senate and House of Representatives 
of the entity with which the Secretary proposes to enter into the 
agreement. 
(b) INITIAL ASSESSMENT OF SYSTEM.—(1) Under the agreement 
under subsection (a), the entity shall conduct an assessment of 
the 
employment 
discrimination 
complaint 
resolution 
system 
39-194 O - 97 - 7 : QL 3 Part 3 
I l l STAT. 2282 
PUBLIC LAW 105-114—NOV. 21, 1997 
administered within the Department of Veterans Affairs, including 
the extent to which the system meets the objectives set forth in 
section 516(a) of title 38, United States Code, as added by section 
101. The assessment shall include a comprehensive description 
of the system as of the time of the assessment. 
(2) Under the agreement, the entity shall submit the assess-
ment to the committees referred to in subsection (a)(3) and to 
the Secretary not later than June 1, 1998. 
(c) REVIEW OF ADMINISTRATION OF SYSTEM.—(1) Under the 
agreement under subsection (a), the entity shall monitor and review 
the administration by the Secretary of the emplojonent discrimina-
tion complaint resolution system administered within the Depart-
ment. 
(2) Under the agreement, the entity shall submit to the commit-
tees referred to in subsection (a)(3) and to the Secretary a report 
on the results of the review under paragraph (1) not later than 
June 1, 1999. The report shall include an assessment of the adminis-
tration of the system, including the extent to which the system 
meets the objectives referred to in subsection (b)(1), and the 
effectiveness of the following: 
(A) Programs to train and maintain a cadre of individuals 
who are competent to investigate claims relating to employment 
discrimination. 
(B) Programs to train and maintain a cadre of individuals 
who are competent to provide counseling to individuals who 
submit such claims. 
(C) Programs to provide education and training to Depart-
ment employees regarding their rights and obligations under 
the equal employment opportunity laws. 
(D) Programs to oversee the administration of the system. 
(E) Programs to evaluate the effectiveness of the system 
in meeting its objectives. 
(F) Other programs, procedures, or activities of the Depart-
ment relating to the equal employment opportunity laws, 
including any alternative dispute resolution procedures and 
informal dispute resolution and settlement procedures. 
(G) Any disciplinary measures imposed by the Secretary 
on employees determined to have violated the equal employ-
ment opportunity laws in preventing or deterring violations 
of such laws by other employees of the Department. 
TITLE II—EXTENSION AND 
IMPROVEMENT OF AUTHORITIES 
SEC. 201. NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM. 
(a) EXTENSION OF PILOT PROGRAM.—Section 3761(c) is amended 
by striking out "September 30, 1997" and inserting in lieu thereof 
"December 31, 2001". 
(b) OUTREACH.—Section 3762(i) is amended— 
(1) by inserting "(1)" after "(i)"; 
(2) by inserting ", in consultation with tribal organizations 
(including the National Congress of American Indians and the 
National American Indian Housing Council)," after "The Sec-
retary shall"; 
(3) by striking out "tribal organizations and"; and 
(4) by adding at the end the following: 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2283 
"(2) Activities under the oucreach program shall include the 
following: 
"(A) Attending conferences and conventions conducted by 
the National Congress of American Indians in order to work 
with the National Congress in providing information and train-
ing to tribal organizations and Native American veterans 
regarding the availability of housing benefits imder the pilot 
program and in assisting such organizations and veterans in 
participating in the pilot program. 
"(B) Attending conferences and conventions conducted by 
the National American Indian Housing Council in order to 
work with the Housing Council in providing information and 
training to tribal organizations and tribal housing entities 
regarding the availability of such benefits. 
"(C) Attending conferences and conventions conducted by 
the Department of Hawaiian Homelands in order to work with 
the Department of Hawaiian Homelands in providing informa-
tion and training to tribal housing entities in Hawaii regarding 
the availability of such benefits. 
"(D) Producing and disseminating information to tribal 
governments, tribal veterans service organizations, and tribal 
organizations regarding the availability of such benefits. 
"(E) Assisting tribal organizations and Native American 
veter£m.s in participating in the pilot program. 
"(F) Outstationing loan guarantee specialists in tribal facili-
ties on a part-time basis if requested by the tribal government.", 
(c) ANNUAL REPORTS.—Section 3762 is further amended by 
adding at the end the following new subsection: 
"(j) Not later than February 1 of each year through 2002, 
the Secretary shall transmit to the Committees on Veterans' Affairs 
of the Senate and House of Representatives a report relating to 
the implementation of the pilot program under this subchapter 
during the fiscal year preceding the date of the report. Each such 
report shall include the following: 
"(1) The Secretary's exercise during such fiscal year of 
the authority provided under subsection (c)(1)(B) to make loans 
exceeding the maximum loan amount. 
"(2) The appraisals performed for the Secretary during 
such fiscal year under the authority of subsection (d)(2), includ-
ing a description o
f
— 
"(A) the manner in which such appraisals were per-
formed; 
"(B) the qualifications of the appraisers who performed 
such appraisals; and 
"(C) the actions taken by the Secretary with respect 
to such appraisals to protect the interests of veterains and 
the United States. 
"(3) The outreach activities undertaken under subsection 
(i) during such fiscal year, including— 
"(A) a description of such activities on a region-by-
region basis; and 
"(B) an assessment of the effectiveness of such activi-
ties in encouraging the participation of Native American 
veterans in the pilot program. 
"(4) The pool of Native American veterans who are eligible 
for participation in the pilot program, including— 
I l l STAT. 2284 
PUBLIC LAW 105-114—NOV. 21, 1997 
"(A) a description and analysis of the pool, including 
income demographics; 
"(B) a description and assessment of the impediments, 
if any, to full participation in the pilot program of the 
Native American veterans in the pool; and 
"(C) the impact of low-cost housing programs operated 
by the Department of Housing and Urban Development 
and other Federal or State agencies on the demand for 
direct loans under this section. 
"(5) The Secretary's recommendations, if any, for additional 
legislation regarding the pilot program.". 
SEC. 202. TREATMENT AND REHABILITATION FOR SERIOUSLY MEN-
TALLY ILL AND HOMELESS VETERANS. 
(a) CODIFICATION AND REVISION OF PROGRAMS.—Chapter 17 
is amended by adding at the end the following new subchapter: 
"SUBCHAPTER 
VII—TREATMENT 
AND 
REHABILITATION 
FOR SERIOUSLY MENTALLY ILL AND HOMELESS VETER-
ANS 
"§ 1771. General treatment 
"(a) In providing care and services under section 1710 of this 
title to veterans suffering from serious mental illness, including 
veterans who are homeless, the Secretary may provide (directly 
or in conjunction with a governmental or other entity)— 
"(1) outreach services; 
"(2) care, treatment, and rehabilitative services (directly 
or by contract in community-based treatment facilities, includ-
ing halfway houses); and 
"(3) therapeutic transitional housing assistance under sec-
tion 1772 of this title, in conjunction with work therapy under 
subsection (a) or (b) of section 1718 of this title and outpatient 
care. 
Expiration date. 
"(b) The authority of the Secretary under subsection (a) expires 
on December 31, 2001. 
"§ 1772. Therapeutic housing 
"(a) The Secretary, in connection with the conduct of com-
pensated work therapy programs, may operate residences and facili-
ties as therapeutic housing, 
"(b) The Secretary may use such procurement procedures for 
the purchase, lease, or other acquisition of residential housing for 
purposes of this section as the Secretary considers appropriate 
to expedite the opening and operation of transitional housing and 
to protect the interests of the United States. 
"(c) A residence or other facility may be operated as transitional 
housing for veterans described in paragraphs (1) and (2) of section 
1710(a) of this title under the following conditions: 
"(1) Only veterans described in those paragraphs and a 
house manager may reside in the residence or facility. 
"(2) Each resident, other than the house manager, shall 
be required to make payments that contribute to covering the 
expenses of board and the operational costs of the residence 
or facility for the period of residence in such housing. 
"(3) In order to foster the therapeutic and rehabilitative 
objectives of such housing (A) residents shall be prohibited 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2285 
from using alcohol or any controlled substance or item, (B) 
any resident violating that prohibition may be expelled from 
the residence or facility, and (C) each resident shall agree 
to imdergo drug testing or such other measures as the Secretary 
shall prescribe to ensure compliance with that prohibition. 
"(4) In the establishment and operation of housing under 
this section, the Secretary shall consult with appropriate rep-
resentatives of the community in which the housing is estab-
lished and shall comply with zoning requirements, building 
permit requirements, and other similar requirements applicable 
to other real property used for similar purposes in the commu-
nity. 
"(5) The residence or facility shall meet State and commu-
nity fire and safety requirements applicable to other real prop-
erty used for similar purposes in the community in which 
the transitional housing is located, but fire and safety require-
ments applicable to buildings of the Federal Government shall 
not apply to such property. 
"(d) The Secretary shall prescribe the qualifications for house 
managers for transitional housing units operated under this section. 
The Secretary may provide for free room and subsistence for a 
house manager in addition to, or instead of payment of, a fee 
for the services provided by the manager, 
"(e)(1) The Secretary may operate as transitional housing under 
this section— 
"(A) any suitable residential property acquired by the Sec-
retary as the result of a default on a loan made, guaranteed, 
or insured under chapter 37 of this title; 
"(B) any suitable space in a facility under the jurisdiction 
of the Secretary that is no longer being used (i) to provide 
acute hospital care, or (ii) as housing for medical center employ-
ees; and 
"(C) any other suitable residential property purchased, 
leased, or otherwise acquired by the Secretary. 
"(2) In the case of any property referred to in paragraph (1)(A), 
the Secretary shall— 
"(A) transfer administrative jurisdiction over such property 
within the Department from the Veterans Benefits Administra-
tion to the Veterans Health Administration; and 
"(B) transfer from the General Post Fund to the Loan 
Guaranty Revolving Fund under chapter 37 of this title an 
amount (not to exceed the amount the Secretary paid for the 
property) representing the amount the Secretary considers 
could be obtained by sale of such property to a nonprofit 
orgeinization or a State for use as a shelter for homeless veter-
ans. 
"(3) In the case of any residential property obtained by the 
Secretary from the Department of Housing and Urban Development 
under this section, the amount paid by the Secretary to that Depart-
ment for that property may not exceed the amount that the Sec-
retary of Housing and Urban Development would charge for the 
sale of that property to a nonprofit organization or a State for 
use as a shelter for homeless persons. Funds for such charge shall 
be derived from the General Post Fund. 
"(f) The Secretary shall prescribe— 
"(1) a procedure for establishing reasonable payment rates 
for persons residing in transitional housing; and 
I l l STAT. 2286 
PUBLIC LAW 105-114—NOV. 21, 1997 
"(2) appropriate limits on the period for which such persons 
may reside in transitional housing. 
"(g) The Secretary may dispose of any property acquired for 
the purpose of this section. The proceeds of any such disposal 
shall be credited to the General Post Fund. 
"(h) Funds received by the Department under this section shall 
be deposited in the General Post Fund. The Secretary may distrib-
ute out of the fund such amounts as necessary for the acquisition, 
management, maintenance, and disposition of real property for 
the purpose of carrying out such program. The Secretary shall 
manage the operation of this section so as to ensure that expendi-
tures imder this subsection for any fiscal year shall not exceed 
by more than $500,000 proceeds credited to the General Post Fund 
under this section. The operation of the program and funds received 
shall be separately accounted for, and shall be stated in the docu-
ments accompsmying the President's budget for each fiscal year. 
"§ 1773. Additional services at certain locations 
"(a) Subject to the availability of appropriations, the Secretary 
shall operate a program under this section to expand and improve 
the provision of benefits and services by the Department to homeless 
veterans. 
"(b) The program shall include the establishment of not fewer 
than eight programs (in addition to any existing programs providing 
similar services) at sites under the jurisdiction of the Secretary 
to be centers for the provision of comprehensive services to homeless 
veterans. The services to be provided at each site shall include 
a comprehensive and coordinated array of those specialized services 
which may be provided under existing law. 
"(c) The program shall include the services of such employees 
of the Veterans Benefits Administration as the Secretary determines 
appropriate at sites under the jurisdiction of the Secretary at which 
services are provided to homeless veterans. 
Termination 
"(d) The program under this section shall terminate on Decem-
date. 
ber 31, 2001. 
^'§ 1774. Coordination with other agencies and organizations 
"(a) In assisting homeless veterans, the Secretary shall coordi-
nate with, and may provide services authorized under this title 
in conjunction with. State and local governments, other appropriate 
departments and agencies of the Federal Government, and non-
governmental organizations. 
"(b)(1) The Secretary shall require the director of each medical 
center or the director of each regional benefits office to make an 
assessment of the needs of homeless veterems living within the 
area served by the medical center or regional office, as the case 
may be. 
"(2) Each such assessment shall be made in coordination with 
representatives of State and local governments, other appropriate 
departments and agencies of the Federal Government, and non-
governmental organizations that have experience working with 
homeless persons in that area. 
"(3) Each such assessment shall identify the needs of homeless 
veterans with respect to the following: 
"(A) Health care. 
"(B) Education sind training. 
"(C) Employment. 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2287 
"(D) Shelter. 
"(E) Counseling. 
"(F) Outreach services. 
"(4) Each assessment shall also indicate the extent to which 
the needs referred to in paragraph (3) are being met adequately 
by the programs of the Department, of other departments and 
agencies of the Federal Government, of State and local governments, 
and of nongovernmental organizations. 
"(5) Each assessment shall be carried out in accordance with 
uniform procedures and guidelines prescribed by the Secretary. 
"(c) In furtherance of subsection (a), the Secretary shall require 
the director of each medical center and the director of each regional 
benefits office, in coordination with representatives of State and 
local governments, other Federal officials, and nongovernmental 
organizations that have experience working with homeless persons 
in the areas served by such facility or office, to— 
"(1) develop a list of all public and private programs that 
provide assistsince to homeless persons or homeless veterans 
in the area concerned, together with a description of the services 
offered by those programs; 
"(2) seek to encourage the development by the representa-
tives of such entities, in coordination with the director, of 
a plan to coordinate among such public and private programs 
the provision of services to homeless veterans; 
"(3) take appropriate action to meet, to the maximum 
extent practicable through existing programs and available 
resources, the needs of homeless veterans that are identified 
in the assessment conducted under subsection (b); and 
"(4) attempt to inform homeless veterans whose needs the 
director cannot meet under paragraph (3) of the services avail-
able to such veterans within the area served by such center 
or office.". 
(b) CONFORMING AMENDMENTS.—(1) Section 1720A is amend-
ed— 
(A) by striking out subsections (a), (e), (f), and (g); and 
(B) by redesignating subsections (b), (c), and (d) as sub-
sections (a), (b), and (c), respectively. 
(2) The heading of such section is amended to read as follows: 
''§ 1720A. Treatment and rehabilitative services for persons 
with drug or alcohol dependency". 
(c) 
CONFORMING 
REPEALS.—The following 
provisions 
are 
rGTiG 
3.1 fid* 
(1) Section 7 of PubHc Law 102-54 (38 U.S.C. 1718 note). 
(2) Section 107 of the Veterans' Medical Programs Amend-
ments of 1992 (38 U.S.C. 527 note). 
(3) Section 2 of the Homeless Veterans Comprehensive 
Service Programs Act of 1992 (38 U.S.C. 7721 note). 
(4) Section 115 of the Veterans' Benefits and Services Act 
of 1988 (38 U.S.C. 1712 note). 
(d) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of chapter 17 is amended— 
(1) by striking out the item relating to section 1720A and 
inserting in lieu thereof the following: 
"1720A. Treatment and rehabilitative services for persons with drug or alcohol de-
pendency."; and 
(2) by adding at the end the following: 
I l l STAT. 2288 
PUBLIC LAW 105-114—NOV. 21, 1997 
"SUBCHAPTER VII—TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL 
AND HOMELESS VETERANS 
"1771. General treatment. 
"1772. Therapeutic housing. 
"1773. Additional services at certain locations. 
"1774. Coordination with other agencies and organizations.". 
SEC. 203. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOME-
LESS VETERANS. 
(a) AGREEMENTS FOR HOUSING ASSISTANCE FOR HOMELESS VET-
ERANS.—Section 3735(c) is amended by striking out "December 31, 
1997" and inserting in lieu thereof "December 31, 1999". 
(b) EXTENSION OF HOMELESS VETERANS COMPREHENSIVE SERV-
ICE GRANT PROGRAM.—Section 3(a)(2) of the Homeless Veterans 
Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 note) 
is amended by striking out "September 30, 1997" and inserting 
in lieu thereof "September 30,1999". 
(c) 
HOMELESS 
VETERANS' 
REINTEGRATION 
PROJECTS.—The 
Stew^art B. McKinney Homeless Assistance Act is amended as fol-
lows: 
(1) Section 738(e)(1) (42 U.S.C. 11448(e)(1)) is amended 
by adding at the end the following new subparagraph: 
"(G) $10,000,000 for fiscal year 1999.". 
(2) Section 741 (42 U.S.C. 11450) is amended by striking 
out "December 31, 1997" and inserting in lieu thereof "Decem-
ber 31, 1999". 
SEC. 204. ANNUAL REPORT ON ASSISTANCE TO HOMELESS VETERANS. 
Section 1001 of the Veterans' Benefits Improvements Act of 
1994 (38 U.S.C. 7721 note) is amended— 
(1) in subsection (a)(2)— 
(A) by striking out "and" at the end of subparagraph 
(B); 
(B) by striking out the period at the end of subpara-
graph (C) and inserting in lieu thereof "; and"; and 
(C) by adding at the end the foUovdng new subpara-
graphs: 
"(D) evaluate the effectiveness of the programs of the 
Department (including residential work-therapy programs, pro-
grams combining outreach, community-based residential treat-
ment, and case-management, and contract care programs for 
alcohol and drug-dependence or abuse disabilities) in providing 
assistance to homeless veterans; and 
"(E) evaluate the effectiveness of programs established by 
recipients of grants under section 3 of the Homeless Veterans 
Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 
note), and describe the experience of such recipients in applying 
for and receiving grants from the Secretary of Housing and 
Urban Development to serve primarily homeless persons who 
are veterans."; and 
(2) by striking out subsection (b). 
SEC. 
205. EXPANSION 
OF 
AUTHORITY 
FOR 
ENHANCED-USE 
LEASES 
OF 
DEPARTMENT 
OF 
VETERANS AFFAIRS 
REAL 
PROPERTY. 
(a) FOUR-YEAR EXTENSION OF AUTHORITY.—Section 8169 is 
amended by striking out "December 31, 1997" and inserting in 
lieu thereof "December 31, 2001". 
(b) REPEAL OF LIMITATION ON NUMBER OF AGREEMENTS.—(1) 
Section 8168 is repealed. 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2289 
(2) The table of sections at the beginning of chapter 81 is 
amended by striking out the item relating to section 8168. 
SEC. 206. PERMANENT AUTHORITY TO FURNISH 
NONINSTITUTIONAL 
ALTERNATIVES TO NURSING HOME CARE. 
(a) PERMANENT AUTHORITY.—Subsection (a) of section 1720C 
is amended by striking out "During" and all that follows through 
"furnishing of' and inserting in lieu thereof "The Secretary may 
furnish". 
(b) CONFORMING AMENDMENTS.—(1) Subsections (b)(1) and (d) 
of such section are amended by striking out "pilot". 
(2) The heading for such section is amended to read as follows: 
"§ 1720C. Noninstitutional alternatives to nursing 
home 
care". 
(3) The item relating to such section in the table of sections 
at the beginning of chapter 17 is amended to read as follows: 
"1720C. Noninstitutional alternatives to nursing home care.". 
SEC. 207. EXTENSION OF HEALTH PROFESSIONAL SCHOLARSHIP PRO-
GRAM. 
(a) EXTENSION.—Section 7618 is amended by striking out 
"December 31, 1997" and inserting in lieu thereof "December 31, 
1998". 
(b) SUBMISSION OF OVERDUE REPORT,—The Secretary of Veter- 
38 use 76ii 
ans Affairs shall submit to Congress not later than 180 days after 
note. 
the date of the enactment of this Act the report evaluating the 
operation of the health professional scholarship program required 
to be submitted not later than March 31, 1997, under section 
202(b) of Public Law 104-110 (110 Stat. 770). 
SEC. 208. POLICY ON BREAST CANCER MAMMOGRAPHY. 
(a) IN GENERAL.—(1) Subchapter II of chapter 73 is amended 
by adding at the end the following new section: 
''§ 7322. Breast cancer mammography policy 
"(a) The Under Secretary for Health shall develop a national 
policy for the Veterans Health Administration on mammography 
screening for veterans. 
"(b) The policy developed under subsection (a) shall— 
"(1) specify standards of mammography screening; 
"(2) provide recommendations with respect to screening, 
and the frequency of screening, for— 
"(A) women veterans who are over the age of 39; and 
"(B) veterans, without regard to age, who have clinical 
symptoms, risk factors, or family history of breast cancer; 
and 
"(3) provide for clinician discretion.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 7321 
the following new item: 
"7322. Breast cancer mammography policy.". 
(b) EFFECTIVE DATE.—The Secretary of Veterans Affairs shall 
38 use 7322 
develop the national policy on mammography screening required note. 
I l l STAT. 2290 
PUBLIC LAW 105-114—NOV. 21, 1997 
by section 7322 of title 38, United States Code, as added by sub-
section (a), and shall furnish such policy in a report to the Commit-
tees on Veterans' Affairs of the Senate and House of Representa-
tives, not later than 60 days after the date of the enactment 
of this Act. Such policy shall not take effect before the expiration 
of 30 days after the date of its submission to those committees. 
38 use 7322 
(c) SENSE OF CONGRESS.—It is the sense of Congress that 
J^ote. 
the policy developed under section 7322 of title 38, United States 
Code, as added by subsection (a), shall be in accordance 
with 
the guidelines endorsed by the Secretary of Health and Human 
Services and the Director of the National Institutes of Health. 
SEC. 
209. 
PERSIAN 
GULF 
WAR 
VETERANS. 
(a) CRITERIA FOR PRIORITY HEALTH CARE.—(1) Subsection 
(a)(2)(F) of section 1710 is amended by striking out "environmental 
hazard" and inserting in lieu thereof "other conditions". 
(2) Subsection (e)(1)(C) of such section is amended— 
(A) by striking out "the Secretary finds may have been 
exposed while serving" and inserting in lieu thereof "served"; 
(B) by striking out "to a toxic substance or environmental 
hazard"; and 
(C) by striking out "exposure" and inserting in lieu thereof 
"service". 
(3) Subsection (e)(2)(B) of such section is amended by striking 
out "an exposure" and inserting in lieu thereof "the service". 
38 use 1710 
(b) 
DEMONSTRATION PROJECTS FOR TREATMENT OF PERSIAN 
note. 
GULF ILLNESS.—(1) The Secretary of Veterans Affairs shall carry 
out a program of demonstration projects to test new approaches 
to treating, and improving the satisfaction with such treatment 
of, Persian Gulf veterans who suffer from undiagnosed and ill-
defined disabilities. The program shall be established not later 
than July 1, 1998, and shall be carried out at up to 10 geographically 
dispersed medical centers of the Department of Veterans Affairs. 
(2) At least one of each of the following models shall be used 
at no less than two of the demonstration projects: 
(A) A specialized clinic which serves Persiein Gulf vetereins. 
(B) Multidisciplinary treatment aimed at managing S3nnp-
toms. 
(C) Use of case managers. 
(3) A demonstration project under this subsection may be iinder-
taken in conjunction with another funding entity, including agree-
ments under section 8111 of title 38, United States Code. 
(4) The Secretary shall make available from appropriated funds 
(which have been retained for contingent funding) $5,000,000 to 
carry out the demonstration projects. 
(5) The Secretary may not approve a medical center as a 
location for a demonstration project under this subsection unless 
a peer review panel has determined that the proposal submitted 
by that medical center is among those proposals that have met 
the highest competitive standards of clinical merit and the Secretary 
has determined that the facility has the ability to— 
(A) attract the participation of clinicians of outstanding 
caliber and innovation to the project; and 
(B) effectively evaluate the activities of the project. 
(6) In determining which medical centers to select as locations 
for demonstration projects under this subsection, the Secretary 
shall give special priority to medical centers that have demonstrated 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2291 
a capability to compete successfully for extramural funding support 
for research into the effectiveness and cost-effectiveness of the 
care provided under the demonstration project. 
SEC. 210. PRESroENTIAL 
REPORT 
ON 
PREPARATIONS 
FOR 
A 
NATIONAL RESPONSE TO MEDICAL EMERGENCIES ARIS-
ING FROM THE TERRORIST USE OF WEAPONS OF MASS 
DESTRUCTION. 
(a) REPORT.—(1) Not later than March 1, 1998, the President 
shall submit to Congress a report on the plans, preparations, and 
capability of the Federal Government and State and local govern-
ments for a national response to medical emergencies arising from 
the terrorist use of weapons of mass destruction. The report shall 
be submitted in unclassified form, but may include a classified 
annex. 
(2) The report should be prepared in consultation with the 
Secretary of Defense, the Secretary of Health and Human Services, 
the Secretary of Veterans Affairs, the Director of the Federal Emer-
gency Management Agency, and the head of any other department 
or agency of the Federal Government that may be involved in 
responding to such emergencies. The President shall designate a 
lead agency for purposes of the preparation of the report. 
(b) CONTENTS.—The report shall include the following: 
(1) A description of the steps taken by the Federal Govern-
ment to plan and prepare for a national response to medical 
emergencies arising from the terrorist use of weapons of mass 
destruction. 
(2) A description of the laws and agreements governing 
the responsibilities of the various departments and agencies 
of the Federal Government, and of State and local governments, 
for the response to such emergencies, and an assessment of 
the interrelationship of such responsibilities under such laws 
and agreements. 
(3) Recommendations, if any, for the simplification or 
improvement of such responsibilities. 
(4) An assessment of the current level of preparedness 
for such response of all departments and agencies of the Federal 
Government and State and local governments that are respon-
sible for such response. 
(5) A current inventory of the existing medical assets from 
all sources which can be made available for such response. 
(6) Recommendations, if any, for the improved or enhanced 
use of the resources of the Federal Government and State 
and local governments for such response. 
(7) The name of the official or office of the Federal Govern-
ment designated to coordinate the response of the Federal 
Government to such emergencies. 
(8) A description of the lines of authority between the 
departments and agencies of the Federal Government to be 
involved in the response of the Federal Government to such 
emergencies. 
(9) A description of the roles of each department and agency 
of the Federal Government to be involved in the preparations 
for, and implementation of, the response of the Federal Govern-
ment to such emergencies. 
I l l STAT. 2292 
PUBLIC LAW 105-114—NOV. 21, 1997 
(10) The estimated costs of each department and agency 
of the Federal Government to prepare for and carry out its 
role as described under paragraph (9). 
(11) A description of the steps, if any, being taken to 
create a funding mechanism for the response of the Federal 
Government to such emergencies, 
TITLE III—MAJOR MEDICAL FACILITY 
PROJECTS CONSTRUCTION AUTHOR-
IZATION 
SEC. 301. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS. 
The Secretary of Veterans Affairs may carry out the following 
major medical facility projects, with each project to be carried 
out in the amount specified for that project: 
(1) Seismic corrections at the Department of Veterans 
Affairs medical center in Memphis, Tennessee, in an amount 
not to exceed $34,600,000. 
(2) Seismic corrections and clinical and other improvements 
to the McClellan Hospital at Mather Field, Sacramento, Califor-
nia, in an amount not to exceed $48,0()0,000, to be derived 
only from funds appropriated for Construction, Major Projects, 
for a fiscal year before fiscal year 1998 that remain available 
for obligation. 
(3) Outpatient improvements at Mare Island, Vallejo, 
California, and Martinez, California, in a total amount not 
to exceed $7,000,000, to be derived only from funds appropriated 
for Construction, Major Projects, for a fiscal year before fiscal 
year 1998 that remain available for obligation. 
SEC. 302. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. 
The Secretary of Veterans Affairs may enter into leases for 
medical facilities as follows: 
(1) Lease of an information management field office, Bir-
mingham, Alabama, in an amount not to exceed $595,000. 
(2) Lease of a satellite outpatient clinic, Jacksonville, Flor-
ida, in an amount not to exceed $3,095,000. 
(3) Lease of a satellite outpatient clinic, Boston, Massachu-
setts, in an amount not to exceed $5,215,000. 
(4) Lease of a satellite outpatient clinic, Canton, Ohio, 
in an amount not to exceed $2,115,000. 
(5) Lease of a satellite outpatient clinic, Portland, Oregon, 
in £in amount not to exceed $1,919,000. 
(6) Lease of a satellite outpatient clinic, Tulsa, Oklahoma, 
in an amount not to exceed $2,112,000. 
(7) Lease of an information resources memagement field 
office, Salt Lake City, in an amount not to exceed $652,000. 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary of Veterans Affairs for fiscal year 1998— 
(1) 
for 
the 
Construction, 
Major 
Projects, 
account, 
$34,600,000 for the project authorized in section 301(1); and 
(2) for the Medical Care account, $15,703,000 for the leases 
authorized in section 302. 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2293 
(b) LIMITATION.—The projects authorized in section 301 may 
only be carried out using— 
(1) funds appropriated for fiscal year 1998 pursuant to 
the authorization of appropriations in subsection (a); 
(2) funds appropriated for Construction, Major Projects for 
a fiscal year before fiscal year 1998 that remain available 
for obligation; and 
(3) funds appropriated for Construction, Major Projects for 
fiscal year 1998 for a category of activity not specific to a 
project. 
TITLE IV—TECHNICAL AND 
CLARIFYING AMENDMENTS 
SEC. 401. TECHNICAL AMENDMENTS. 
(a) PLOT ALLOWANCE FOR DEATHS IN DEPARTMENT FACILITIES.— 
Section 2303(a)(2)(A) is amended by striking out "a Department 
facility (as defined in section 1701(4) of this title)" and inserting 
in lieu thereof "a facility of the Department (as defined in section 
1701(3) of this title)". 
(b) 
EDUCATIONAL 
ASSISTANCE 
ALLOWANCE 
FOR 
CERTAIN 
INDIVIDUALS 
PURSUING 
COOPERATIVE 
PROGRAMS.—Section 
3015(e)(1) is amended— 
(1) by striking out "(1) Subject to paragraph (2)" and insert-
ing in lieu thereof "(1)(A) Except as provided in subparagraph 
(B) of this paragraph and subject to paragraph (2)"; and 
(2) by adding at the end the following: 
"(B) Notwithstanding subparagraph (A) of this paragraph, in 
the case of an individual described in that subparagraph who is 
pursuing a cooperative program on or after October 9, 1996, the 
rate of the basic educational assistance allowance applicable to 
such individual imder this chapter shall be increased by the amount 
equal to one-half of the educational assistance allowance that would 
be applicable to such individual for pursuit of full-time institutional 
training under chapter 34 (as of the time the assistance under 
this chapter is provided and based on the rates in effect on Decem-
ber 31, 1989) if such chapter were in effect.". 
(c) ELIGIBILITY OF CERTAIN V E A P PARTICIPANTS TO ENROLL 
IN MONTGOMERY GI BILL.—Section 3018C(a) is amended— 
(1) in paragraph (1), by striking out "the date of the enact-
ment of the Veterans' Benefits Improvements Act of 1996" 
and inserting in lieu thereof "October 9,1996,"; 
(2) in paragraph (4), by striking out "during the one-year 
period specified" and inserting in lieu thereof "after the date 
on which the individual makes the election described"; and 
(3) in paragraph (5), by striking out "the date of the enact-
ment of the Veterans' Benefits Improvements Act of 1996" 
and inserting in lieu thereof "October 9, 1996". 
(d) ENROLLMENT IN OPEN CIRCUIT TELEVISION COURSES.—Sec-
tion 3680A(a)(4) is amended by inserting "(including open circuit 
television)" after "independent study program" the second place 
it appears. 
(e) ENROLLMENT IN CERTAIN COURSES.—Section 3680A(g) is 
amended by striking out "subsections (e) and (f)" and inserting 
in lieu thereof "subsections (e) and (f)(1)". 
I l l STAT. 2294 
PUBLIC LAW 105-114—NOV. 21, 1997 
(f) 
CERTAIN 
BENEFITS 
FOR SURVIVING 
SPOUSES.—Section 
5310(b)(2) is amended by striking out "under this paragraph" in 
the first sentence and inserting in Ueu thereof "under paragraph 
(1)". 
SEC. 402. CLARIFICATION OF CERTAIN HEALTH CARE AUTHORITIES. 
(a) ELIGIBILITY FOR HOSPITAL CARE AND MEDICAL SERVICES.— 
Section 1710(a)(2)(B) is amended by striking out "compensable". 
(b) HOME HEALTH SERVICES.—Section 1717(a) is amended— 
(1) in paragraph (1), by striking out "veteran's disability 
and inserting in lieu thereof "veteran ; and 
(2) in paragraph (2)(B), by striking out "section 1710(a)(2)" 
and inserting in lieu thereof "section 1710(a)". 
(c) AUTHORITY TO TRANSFER VETERANS RECEIVING OUTPATIENT 
CARE 
TO 
NON-DEPARTMENT 
NURSING 
HOMES.—Section 
1720(a)(l)(A)(i) is amended by striking out "hospital care, nursing 
home care, or domiciliary care" and inserting in lieu thereof "care". 
(d) ACQUISITION OF COMMERCIAL HEALTH CARE RESOURCES.— 
Section 8153(a)(3)(A) is amended by inserting "(including any 
Executive order, circular, or other administrative policy)" after "law 
or regulation". 
(e) COMPETITION IN PROCUREMENT OF COMMERCIAL HEALTH 
CARE RESOURCES.—Section 8153(a)(3)(B)(ii) is amended in the sec-
ond sentence by inserting ", as appropriate," after "all responsible 
sources". 
SEC. 
403. 
CORRECTION 
OF 
NAME 
OF 
MEDICAL 
CENTER. 
The facility of the Department of Veterans Affairs in Columbia, 
South Carolina, known as the Wm. Jennings Bryan Dom Veterans' 
Hospital shall hereafter be known and designated as the "Wm. 
Jennings Bryan Dom Department of Veterans Affairs Medical Cen-
ter". Any reference to that facility in any law, regulation, document, 
map, record, or other paper of the United States shall be deemed 
to be a reference to the Wm, Jennings Bryan Dom Department 
of Veterans Affairs Medical Center. 
SEC. 404. IMPROVEMENT TO SPINA BIFIDA BENEFITS FOR CHILDREN 
OF VIETNAM VETERANS. 
(a) DEFINITIONS.—The text of section 1801 is amended to read 
as follows: 
"For the purposes of this chapter— 
"(1) The term 'child', with respect to a Vietnam veteran, 
means a natural child of a Vietnam veteran, regardless of 
age or marital status, who was conceived after the date on 
which the Vietnam veteran first entered the Republic of Viet-
nam during the period beginning on January 9, 1962, and 
ending on May 7, 1975. 
"(2) The term 'Vietnam veteran' means an individual who 
performed active military, naval, or air service in the Republic 
of Vietnam during the period beginning on January 9, 1962, 
' and ending on May 7, 1975, without regard to the characteriza-
tion of the individual's service.". 
(b) APPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS.— 
(1) Section 1806 is amended to read as follows: 
"§ 1806. Applicability of certain administrative provisions 
"The provisions of sections 5101(c), 5110(a), (b)(2), (g), and 
(i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and (b)(10) of this title 
PUBLIC LAW 105-114—NOV. 21, 1997 
111 STAT. 2295 
shall be deemed to apply to benefits under this chapter in the 
same manner in which they apply to veterans' disability compensa-
tion.". 
(2) The item relating to section 1806 in the table of sections 
at the beginning of chapter 18 is amended to read as follows: 
"1806. Applicability of certain administrative provisions.". 
(c) 
AMENDMENTS 
TO 
VOCATIONAL 
REHABILITATION 
PROVI-
SIONS.—Section 1804 is amended— 
(1) in subsection (b), by striking out "shall be designed" 
and all that follows and inserting in lieu thereof the following: 
"shall— 
"(1) be designed in consultation with the child in order 
to meet the child's individual needs; 
"(2) be set forth in an individualized written plan of voca-
tional rehabilitation; and 
"(3) be designed and developed before the date specified 
in subsection (d)(3) so as to permit the beginning of the program 
as of the date specified in that subsection."; 
(2) in subsection (c)(1)(B), by striking out "institution of 
higher education" and inserting in lieu thereof "institution of 
higher learning"; and 
(3) by adding at the end of subsection (d) the following 
new paragraph: 
"(3) A vocational training program under this section may begin 
on the child's 18th birthday, or on the successful completion of 
the child's secondary schooling, whichever first occurs, except that, 
if the child is above the age of compulsory school attendance imder 
applicable State law and the Secretary determines that the child's 
best interests will be served thereby, the vocational training pro-
gram may begin before the child's 18th birthday.". 
(d) EFFECTIVE DATE.—The amendments made by this section 
38 use 1801 
shall take effect as of October 1, 1997. 
note. 
Approved November 21, 1997. 
LEGISLATIVE HISTORY—S. 714: 
SENATE REPORTS: No. 105-123 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
Nov. 5, considered and passed Senate. 
Nov. 9, considered and passed House, amended. 
Nov. 10, Senate concurred in House amendments.