Veterans Programs Enhancement Act of 1998
PL 105-368 (H.R.4110), enacted 11/11/1998

PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3315 
Public Law 105-368 
105th Congress 
An Act 
To amend title 38, United States Code, to improve benefits and services provided 
to Persian Giilf War veterans, to provide a cost-of-living adjustment in rates 
„ 
of compensation paid to veterans with service-connected disabilities, to enhance 
ov. ii, ia»a 
programs providing health care, compensation, education, insurance, and other 
[H.R. 4110] 
benefits for veterans, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
theUnited States of America in Congress assembled. 
Veterans 
Programs 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Enhancement 
(a) SHORT TITLE.—This Act may be cited as the "Veterans afuscToi note 
Programs Enhancement Act of 1998". 
(b) TABLE OF CONTENTS.^The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References to title 38, United States Code. 
TITLE I—PROVISIONS RELATING TO VETERANS OF PERSIAN GULF WAR 
AND FUTURE CONFLICTS 
Sec. 102. Health care for veterans of Persian Gulf War and future conflicts. 
Sec. 103. National center on war-related illnesses and post-deployment health 
issues. 
Sec. 104. Coordination of activities. 
Sec. 105. Improving effectiveness of care of Persian Gulf War veterans. 
Sec. 106. Contract for independent recommendations on research and for develop-
ment of curriculiim on care of Persian Gulf War veterans. 
Sec. 107. Extension and improvement of evaluation of health status of spouses and 
children of Persian Gulf War veterans. 
TITLE II—EDUCATION AND EMPLOYMENT 
Subtitle A—^Education Matters 
Sec. 201. Calculation of reporting fee based on total veteran enrollment during a 
calendar year. 
Sec. 202. Election of advance payment of work-study allowance. 
Sec. 203. Alternative to twelve semester hour equivalency requirement. 
Sec. 204. Medical evidence for flight training requirements. 
Sec. 205. Waiver of wage increase and minimum payment rate requirements for 
Government job training program approval. 
Sec. 206. Expansion of education outreach services. 
Sec. 207. Information on minimum requirements for education benefits for mem-
bers of the Armed Forces discharged early from duty for the convenience 
of the Government. 
Subtitle B—Uniformed Services Emplojmaent and Reemplojonent Rights Act 
Amendments 
Sec. 211. Enforcement of rights with respect to a State as an employer. 
Sec. 212. Protection of extraterritorial employment and reemployment rights of 
members of the uniformed services. 
112 STAT. 3316 
PUBLIC LAW 105-368—NOV. 11, 1998 
Sec. 213. Complaints relating to reemployment of members of the uniformed serv-
ices in Federal service. 
TITLE III—COMPENSATION, PENSION, AND INSURANCE 
Sec. 301. Medal of Honor special pension. 
Sec. 302. Accelerated death benefit for Servicemembers' Group Life Insurance and 
Veterans' Group Life Insurance participants. 
Sec. 303. Assessment of effectiveness of insurance and survivor benefits programs 
for survivors of veterans with service-connected disabilities. 
Sec. 304. National Service Life Insurance program. 
TITLE IV—MEMORIAL AFFAIRS 
Sec. 401. Commemoration of individuals whose remains are unavailable for inter-
ment. 
Sec. 402. Merchant mariner burial and cemetery benefits. 
Sec. 403. Redesignation of National Cemetery System and establishment of Under 
Secretary for Memorial Affairs. 
Sec. 404. State cemetery grants program. 
TITLE V—COURT OF VETERANS APPEALS 
Subtitle A—^Administrative Provisions Relating to the Court 
Sec. 501. Continuation in office of judges pending confirmation for second term. 
Sec. 502. Exemption of retirement fund from sequestration orders. 
Sec. 503. Adjustments for survivor annuities. 
Sec. 504. Reports on retirement program modifications. 
Subtitle B—Renaming of Court 
Sec. 511. Renaming of the Court of Veterans Appeals. 
Sec. 512. Conforming amendments. 
Sec. 513. Effective date. 
TITLE VI—HOUSING 
Sec. 601. Loan guarantee for multifamily transitional housing for homeless veter-
ans. 
Sec. 602. Veterans housing benefit program fund account consolidation. 
Sec. 603. Extension of eligibility of members of Selected Reserve for veterans hous-
ing loans. 
Sec. 604. Applicability of procurement law to certain contracts of Department of 
Veterans Affairs. 
TITLE VII—CONSTRUCTION AND FACILITIES MATTERS 
Sec. 701. Authorization of major medical facility projects. 
Sec. 702. Authorization of m^or medical facility leases. 
Sec. 703. Authorization of appropriations. 
Sec. 704. Increase in threshold for major medical facility leases for purposes of 
congressional authorization. 
Sec. 705. Threshold for treatment of parking facility project as a major medical 
facility project. 
Sec. 706. Parking fees. 
Sec. 707. Master plan regarding use of Department of Veterans Affairs lands at 
West Los Angeles Medical Center, California. 
Sec. 708. Designation 
of Department 
of Veterans 
Affairs 
Medical 
Center, 
Aspinwall, Pennsylvania. 
Sec. 709. Designation of Department of Veterans Affairs Medical Center, Gaines-
ville, Florida. 
Sec. 710. Designation of Department of Veterans Affairs outpatient clinic, Colum-
bus, Ohio. 
TITLE VIII—HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE 
Sec. SOL Short title. 
Sec. 802. Scholarship program for Department of Veterans Affairs employees 
receiving education or training in the health professions. 
Sec. 803. Education debt reduction program for Veterans Health Administration 
health professionals. 
Sec. 804. Repeal of prohibition on pajrment of tuition loans. 
Sec. 805. Conforming amendments. 
Sec. 806. Coordination with appropriations provision. 
TITLE IX—MISCELLANEOUS MEDICAL CARE AND MEDICAL 
ADMINISTRATION PROVISIONS 
Sec. 901. Examinations and care associated with certain radiation treatment. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3317 
Sec. 902. Extension of authority to counsel and treat veterans for sexual trauma. 
Sec. 903. Management of specialized treatment and rehabilitative programs. 
Sec. 904. Authority to use for operating expenses of Department of Veterans Affairs 
medical facilities amounts available by reason of the limitation on pen-
sion for veterans receiving nursing home care. 
Sec. 905. Report on nurse locality pay. 
Sec. 906. Annual report on program and expenditures of Department of Veterans 
Affairs for domestic response to weapons of mass destruction. 
Sec. 907. Interim appointment of Under Secretary for Health. 
TITLE X—OTHER MATTERS 
Sec. 1001. Requirement for naming of Department property. 
Sec. 1002. Members of the Board of Veterans' Appeals. 
Sec. 1003. Flexibility in docketing and hearing of appeals by Board of Veterans' 
Appeals. 
Sec. 1004. Disabled veterans outreach program specialists. 
Sec. 1005. Technical amendments. 
TITLE XI—COMPENSATION COST-OF-LIVING ADJUSTMENT 
Sec. 1101. Increase in rates of disability compensation and dependency and indem-
nity compensation. 
Sec. 1102. Publication of adjusted rates. 
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of title 
38, United States Code. 
TITLE I—PROVISIONS RELATING TO 
VETERANS OF PERSIAN GULF WAR 
AND FUTURE CONFLICTS 
SEC. 
101. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES 
38USC1117 
REGARDING EVALUATION OF HEALTH CONSEQUENCES 
note. 
OF SERVICE IN SOUTHWEST ASIA DURING THE PERSIAN 
GULF WAR. 
(a) PURPOSE.—The purpose of this section is to provide for 
the National Academy of Sciences, an independent nonprofit sci-
entific organization with appropriate expertise which is not a part 
of the Federal Government, to review and evaluate the available 
scientific evidence regarding associations between illness and serv-
ice in the Persian Gulf War. 
(b) AGREEMENT.—(1) The Secretary of Veterans Affairs shall 
seek to enter into an agreement with the National Academy of 
Sciences for the Academy to perform the activities covered by this 
section. The Secretary shall seek to enter into the agreement not 
later than 2 months after the date of the enactment of this Act. 
(2)(A) If the Secretary is unable within the time period set 
forth in paragraph (1) to enter into an agreement with the Academy 
for the purposes of this section on terms acceptable to the Secretary, 
the Secretary shall seek to enter into an agreement for purposes 
of this section with another appropriate scientific organization that 
is not part of the Federal Government, operates as a not-for-profit 
entity, and has expertise and objectivity comparable to that of 
the Academy. 
(B) If the Secretary enters into an agreement with another 
organization under this paragraph, any reference in this section 
^ 
112 STAT. 3318 
PUBLIC LAW 105-368—NOV. 11, 1998 
to the National Academy of Sciences shall be treated as a reference 
to such other organization. 
(c) REVIEW OF SCIENTIFIC EVIDENCE.—(1) Under the agreement 
under subsection (b), the National Academy of Sciences shall con-
duct a comprehensive review and evaluation of the available sci-
entific and medical information regarding the health status of Gulf 
War veterans and the health consequences of exposures to risk 
factors during service in the Persian Gulf War. In conducting such 
review and evaluation, the Academy shall— 
(A) identify the biological, chemical, or other toxic agents, 
environmental or wartime hazards, or preventive medicines 
or vaccines (including the agents specified in subsection (d)(1)) 
to which members of the Armed Forces who served in the 
Southwest Asia theater of operations during the Persian Gulf 
War may have been exposed by reason of such service; 
(B) identify the illnesses associated with the agents, 
hazards, or medicines or vaccines identified under subpara-
graph (A); and 
(C) identify the illnesses (including diagnosed illnesses and 
undiagnosed illnesses) for which there is scientific evidence 
of a higher prevalence among populations of Gulf War veterans 
when compared with other appropriate populations of individ-
uals. 
(2) In identifying illnesses under subparagraphs (B) and (C) 
of paragraph (1), the Academy shall review and summarize the 
relevant scientific evidence regarding illnesses, including symptoms, 
adverse reproductive health outcomes, and mortality, among the 
members described in paragraph (1)(A) and among other appro-
priate populations of individuals. 
(3) In conducting the review and evaluation under paragraph 
(1), the Academy shall, for each illness identified under subpara-
graph (B) or (C) of that paragraph, assess the latency period, 
if any, between service or exposure to any potential risk factor 
(including an agent, hazard, or medicine or vaccine identified under 
subparagraph (A) of that paragraph) and the manifestation of such 
illness. 
(d) SPECIFIED AGENTS.—(1) In identif3dng under subsection 
(c)(1)(A) the agents, hazards, or preventive medicines or vaccines 
to which members of the Armed Forces may have been exposed, 
the National Academy of Sciences shall consider the following: 
(A) The following organophosphorous pesticides: 
(i) Chlorpyrifos. 
(ii) Diazinon. 
(iii) Dichlorvos. 
(iv) Malathion. 
(B) The following carbamate pesticides: 
(i) Proxpur. 
(ii) Carbaryl. 
(iii) Methomyl. 
(C) The carbamate pyridostigmine bromide used as nerve 
agent prophylaxis. 
(D) The following chlorinated hydrocarbons and other 
pesticides and repellents: 
(i) Lindane. 
(ii) Pyrethrins. 
(iii) Permethrins. 
(iv) Rodenticides (bait). 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3319 
(v) Repellent (DEET). 
(E) The following low-level nerve agents and precursor 
compounds at exposure levels below those which produce imme-
diately apparent incapacitating symptoms: 
(i) Sarin. 
(ii) Tabun. 
(F) The following synthetic chemical compounds: 
(i) Mustard agents at levels below those which cause 
immediate blistering. 
(ii) Volatile organic compounds, 
(iii) Hydrazine. 
(iv) Red fuming nitric acid. 
(v) Solvents. 
(G) The following sources of radiation: 
(i) Depleted uranium. 
(ii) Microwave radiation. 
(iii) Radio frequency radiation. 
(H) 
The 
following 
environmental 
particulates 
and 
pollutants: 
(i) Hydrogen sulfide. 
(ii) Oil fire byproducts. 
(iii) Diesel heater fumes. 
(iv) Sand micro-particles, 
(I) Diseases endemic to the region (including the following): 
(i) Leishmaniasis. 
(ii) Sandfly fever. 
(iii) Pathogenic escherichia coli. 
(iv) Shigellosis. 
(J) Time compressed administration of multiple live, 
"attenuated", and toxoid vaccines. 
(2) The consideration of agents, hazards, and medicines and 
vaccines under paragraph (1) shall not preclude the Academy from 
identifying other agents, hazards, or medicines or vaccines to which 
members of the Armed Forces may have been exposed for purposes 
of any report under subsection (h). 
(3) Not later than 6 months after entry into the agreement Deadline, 
under subsection (b), the Academy shall submit to the Committees Reports. 
on Veterans' Affairs of the Senate and the House of Representatives 
a report specifying the agents, hazards, and medicines and vaccines 
considered under paragraph (1). 
(e) SCIENTIFIC DETERMINATIONS CONCERNING ILLNESSES.—(1) 
For each illness identified under subparagraph (B) or (C) of sub-
section (c)(1), the National Academy of Sciences shall determine 
(to the extent available scientific evidence permits) whether there 
is scientific evidence of an association of that illness with Gulf 
War service or exposure during Gulf War service to one or more 
agents, hazards, or medicines or vaccines. In making those deter-
minations, the Academy shall consider— 
(A) the strength of scientific evidence, the replicability of 
results, the statistical significance of results, and the appro-
priateness of the scientific methods used to detect the associa-
tion; 
(B) in any case where there is evidence of an apparent 
association, whether there is reasonable confidence that that 
apparent association is not due to chance, bias, or confounding; 
112 STAT. 3320 
PUBLIC LAW 105-368—NOV. 11, 1998 
Deadline. 
(C) the increased risk of the illness among human or animal 
populations exposed to the agents, hazards, or medicines or 
vaccines; 
(D) whether a plausible biological mechanism or other evi-
dence of a causal relationship exists between exposure to the 
agents, hazards, or medicines or vaccines and the illnesses; 
(E) in any case where information about exposure levels 
is available, whether the evidence indicates that the levels 
of exposure of the studied populations were of the same mag-
nitude as the estimated likely exposures of Gulf War veterans; 
and 
(F) whether there is an increased risk of illness among 
Gulf War veterans in comparison with appropriate peer groups. 
(2) The Academy shall include in its reports under subsection 
(h) a full discussion of the scientific evidence and reasoning that 
led to its conclusions under this subsection. 
(f) RECOMMENDATIONS FOR ADDITIONAL SCIENTIFIC STUDIES.— 
(1) Under the agreement under subsection (b), the National Acad-
emy of Sciences shall make any recommendations that it considers 
appropriate for additional scientific studies (including studies relat-
ing to treatment models) to resolve areas of continuing scientific 
uncertainty relating to the health consequences of service in the 
Persian Gulf War or exposure to toxic agents, environmental or 
wartime hazards, or preventive medicines or vaccines associated 
with Gulf War service. 
(2) In making recommendations for additional studies, the 
Academy shall consider the available scientific data, the value 
and relevance of the information that could result from such studies, 
and the cost and feasibility of carrying out such studies. 
(g) SUBSEQUENT REVIEWS.—(1) Under the agreement under 
subsection (b), the National Academy of Sciences shall conduct 
on a periodic and ongoing basis additional reviews of the evidence 
and data relating to its activities under this section. 
(2) As part of each review under this subsection, the Academy 
shall— 
(A) conduct as comprehensive a review as is practicable 
of the information referred to in subsection (c), the evidence 
referred to in subsection (e), and the data referred to in sub-
section (f) that became available since the last review of such 
information, evidence, and data under this section; and 
(B) make determinations under the subsections referred 
to in subparagraph (A) on the basis of the results of such 
review and all other reviews previously conducted for purposes 
of this section. 
(h) REPORTS BY ACADEMY.—(1) Under the agreement under 
subsection (b), the National Academy of Sciences shall submit to 
the Committees on Veterans' Affairs of the Senate and the House 
of Representatives and the Secretary of Veterans Affairs periodic 
written reports regarding the Academy's activities under the agree-
ment. 
(2) The first report under paragraph (1) shall be submitted 
not later than 2 years after entry into the agreement under sub-
section (b). That report shall include— 
(A) the determinations and discussion referred to in sub-
section (e); and 
(B) any recommendations of the Academy under sub 
section (f). 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3321 
(3) Reports shall be submitted under this subsection at least 
once every 2 years, as measured from the date of the report under 
paragraph (2). 
(4) In any report under this subsection (other than the report 
under paragraph (2)), the Academy may specify an absence of 
meaningful developments in the scientific or medical community 
with respect to the activities of the Academy under this section 
during the 2-year period ending on the date of such report. 
(i) REPORTS BY SECRETARY.—(1) The Secretary shall review 
each report from the Academy under subsection (h). As part of 
such review, the Secretary shall seek comments on, and evaluation 
of, the Academ/s report from the heads of other affected depart-
ments and agencies of the United States. 
(2) Based upon a review under paragraph (1), the Secretary 
shall submit to the Committees on Veterans' Affairs of the Senate 
and the House of Representatives a report on the available scientific 
and medical information regarding the health consequences of Per-
sian Gulf War service and of exposures to risk factors during 
service in the Persian Gulf War. The Secretary shall include in 
the report the Secretary's recommendations as to whether there 
is sufficient evidence to warrant a presimiption of service-connection 
for the occurrence of a specified condition in Gulf War veterans. 
In determining whether to make such a recommendation, the Sec-
retary shall consider the matters specified in subparagraphs (A) 
through (F) of subsection (e)(1). 
(3) The report under this subsection shall be submitted not Deadline. 
later than 120 days after the date on which the Secretary receives 
the report from the Academy. 
(j) SUNSET.—^This section shall cease to be effective 11 years 
after the last day of the fiscal year in which the National Academy 
of Sciences enters into an agreement with the Secretary under 
subsection (b). 
(k) DEFINITION.—In this section, the term "toxic agent, environ-
mental or wartime hazard, or preventive medicine or vaccine associ-
ated with Gulf War service" means a biological, chemical, or other 
toxic agent, environmental or wartime hazard, or preventive medi-
cine or vaccine that is known or presumed to be associated with 
service in the Armed Forces in the Southwest Asia theater of 
operations during the Persian Gulf War, whether such association 
arises as a result of single, repeated, or sustained exposure and 
whether such association arises through exposure singularly or 
in combination. 
SEC. 102. 
HEALTH 
CARE 
FOR 
VETERANS 
OF 
PERSIAN 
GULF 
WAR AND 
FUTURE 
CONFLICTS. 
(a) AUTHORITY.—Section 1710(e) is amended— 
(1) by adding at the end of paragraph (1) the following 
new subparagraph: 
"(D) Subject to paragraphs (2) and (3), a veteran who served 
on active duty in a theater of combat operations (as determined 
by the Secretary in consultation with tne Secretary of Defense) 
during a period of war after the Persian Gulf War, or in combat 
against a hostile force during a period of hostilities (as defined 
in section 1712A(a)(2)(B) of this title) after the date of the enactment 
of this subparagraph, is eUgible for hospital care, medical services, 
and nursing home care under subsection (a)(2)(F) for any illness. 
112 STAT. 3322 
PUBLIC LAW 105-368—NOV. 11, 1998 
Deadline. 
Reports. 
Deadline. 
38 u s e 1710 
note. 
38 u s e 303 note. 
eontracts. 
notwithstanding that there is insufficient medical evidence to con-
clude that such condition is attributable to such service."; 
(2) in paragraph (2)(B), by inserting "or (1)(D)" after "para-
graph (1)(C)"; 
(3) in paragraph (3)— 
(A) by striking "and" at the end of subparagraph (A); 
(B) by striking "December 31, 1998." in subparagraph 
(B) and inserting "December 31, 2001; and"; and 
(C) by adding at the end the following new subpara-
graph: 
"(C) in the case of care for a veteran described in paragraph 
(1)(D), after a period of 2 years beginning on the date of 
the veteran's discharge or release from active military, naval, 
or air service."; and 
(4) by adding at the end the following new paragraph: 
"(5) When the Secretary first provides care for veterans using 
the authority provided in paragraph (1)(D), the Secretary shall 
establish a system for collection and analysis of information on 
the general health status and health care utilization patterns of 
veterans receiving care under that paragraph. Not later than 18 
months after first providing care under such authority, the Sec-
retary shall submit to Congress a report on the experience under 
that authority. The Secretary shall include in the report any rec-
ommendations of the Secretary ibr extension of that authority.", 
(b) IMPLEMENTATION REPORT.—^Not later than October 1, 1999, 
the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and House of Representatives 
a report on the Secretary's plan for establishing and operating 
the system for collection and analysis of information required by 
paragraph (5) of section 1710(e) of title 38, United States Code, 
as added by subsection (a)(4). 
SEC. 103. NATIONAL CENTER ON WARrRELATED ILLNESSES AND POST-
DEPLOYMENT HEALTH ISSUES. 
(a) ASSESSMENT.—^The Secretary of Veterans Affairs shall seek 
to enter into an agreement with the National Academy of Sciences, 
or another appropriate independent organization, under which such 
entity shall assist in developing a plan for the establishment of 
a national center or national centers for the study of war-related 
illnesses and post-deployment health issues. The purposes of such 
a center may include— 
(1) carrying out and promoting research regarding the 
etiologies, diagnosis, treatment, and prevention of war-related 
illnesses and post-deployment health issues; and 
(2) promoting the development of appropriate 
health 
policies, including monitoring, medical recordkeeping, risk 
communication, and use of new technologies. 
(b) RECOMMENDATIONS AND REPORT.—^With respect to such a 
center, an agreement under this section shall provide for the Acad-
emy (or other entity) to— 
(1) make recommendations regarding: (A) design of an 
organizational structure or structures, operational scope, staff-
ing and resource needs, establishment of appropriate databases, 
the advantages of single or multiple sites, mechanisms for 
implementing recommendations on policy, and relationship to 
academic or scientific entities; (B) the role or roles that relevant 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3323 
Federal departments and agencies should have in the establish-
ment and operation of any such center or centers; and (C) 
such other matters as it considers appropriate; and 
(2) report to the Secretary, the Secretaries of Defense and 
Health and Human Services, and the Committees on Veterans' 
Affairs of the Senate and House of Representatives, not later 
than 1 year after the date of the enactment of this Act, on 
its recommendations. 
(c) REPORT ON ESTABLISHMENT OF NATIONAL CENTER.—Not 
later than 60 days after receiving the report under subsection 
(b), the Secretaries specified in subsection (b)(2) shall submit to 
the Committees on Veterans' Affairs and Armed Services of the 
Senate and the Committees on Veterans' Affairs and Natoinal Secu-
rity of the House of Representatives a joint report on the findings 
and recommendations contained in that report. Such report may 
set forth an operational plan for carrying out any recommendation 
in that report to establish a national center or centers for the 
study of war-related illnesses. No action to carry out such plan 
may be taken after the submission of such report until the end 
of a 90-day period following the date of the submission. 
SEC. 104. COORDINATION OF ACTIVITIES. 
Section 707 of the Persian Gulf War Veterans' Health Status 
Act (title Vn of Public Law 102-586; 38 U.S.C. 527 note) is 
amended— 
(1) in the heading, by striking "GOVERNMENT ACTIVITIES 
ON HEALTH-RELATED RESEARCH" and inserting the following: 
"HEALTH-RELATED GOVERNMENT ACTIVITIES"; 
(2) in subsection (a), by striking "research"; and 
(3) by striking subsection (b) and inserting the following: 
"(b) PUBLIC ADVISORY COMMITTEE.—^Not later than January 
1, 1999, the head of the department or agency designated under 
subsection (a) shall establish an advisory committee consisting of 
members of the general pubUc, including Persian Gulf War veterans 
and representatives of such veterans, to provide advice to the head 
of that department or agency on proposed research studies, research 
plans, or research strategies relating to the health consequences 
of military service in the Southwest Asia theater of operations 
during the Persian Gulf War. The department or agency head 
shall consult with such advisory committee on a regular basis. 
"(c) REPORTS.—(1) Not later than March 1 of each year, the 
head of the department or agency designated under subsection 
(a) shall submit to the Committees on Veterans' Affairs of the 
Senate and House of Representatives a report on— 
"(A) the status and results of all such research activities 
undertaken by the executive branch during the previous year; 
and 
"(B) research priorities identified during that year. 
"(2)(A) Not later than 120 days after submission of the 
epidemiological research study conducted by the Department of 
Veterans /ofairs entitled VA National Survey of Persian Gulf Veter-
ans—Phase n r , the head of the department or agency designated 
under subsection (a) shall submit to the congressional committees 
specified in paragraph (1) a report on the findings under that 
study and any other pertinent medical literature. 
"(B) With respect to any findings of that study and any other 
pertinent medical literature which identify scientific evidence of 
Deadline. 
Deadline. 
Deadlines. 
Establishment. 
112 STAT. 3324 
PUBLIC LAW 105-368—NOV. 11, 1998 
a greater relative risk of illness or illnesses in family members 
of veterans who served in the Persian Gulf War theater of oper-
ations than in family members of veterans who did not so serve, 
the head of the department or agency designated under subsection 
(a) shall seek to ensure that appropriate research studies are 
designed to follow up on such findings. 
"(d) PUBLIC AVAILABILITY OF RESEARCH FiNDiNcs.^The head 
of the department or agency designated under subsection (a) shall 
ensure that the findings of all research conducted by or for the 
executive branch relating to the health consequences of military 
service in the Persian Gulf theater of operations during the Persian 
Gulf War (including information pertinent to improving provision 
of care for veterans of such service) are made available to the 
public through peer-reviewed medical journals, the World Wide 
Web, and other appropriate media. 
"(e) OUTREACH.—^The head of the department or agency 
designated under subsection (a) shall ensure that the appropriate 
departments consult eind coordinate in carrying out an ongoing 
program to provide information to those who served in the South-
west Asia theater of operations during the Persian Gulf War relat-
ing to: (1) the health risks, if any, resulting from any risk factors 
associated with such service; and (2) any services or benefits avail-
able with respect to such health risks.". 
38 use 1117 
SEC. 105. IMPROVING EFFECTIVENESS OF CARE OF PERSIAN GULF 
note. 
WAR VETERANS. 
Deadline. 
(a) ASSESSMENT BY NATIONAL ACADEMY OF SCIENCES.—^Not 
Contracts. 
later than April 1, 1999, the Secretary of Veterans Affairs shall 
enter into a contract with the National Academy of Sciences to 
review the available scientific data in order to— 
(1) assess whether a methodology could be used by the 
Department of Veterans Affairs for determining the efficacy 
of treatments furnished to, and health outcomes (including 
functional status) of, Persian Gulf War veterans who have 
been treated for illnesses which may be associated with their 
service in the Persian Gulf War; and 
(2) identify, to the extent feasible, with respect to each 
undiagnosed illness prevalent Eimong such veterans and for 
any other chronic illness that the Academy determines to war-
rant such review, empirically valid models of treatment for 
such illness which employ successful treatment modalities for 
populations with similar symptoms. 
(b) ACTION ON REPORT.--(1) After receiving the final report 
of the National Academy of Sciences under subsection (a), the 
Secretary shall, if a reasonable and scientifically feasible methodol-
ogy is identified by the Academy, develop an appropriate mechanism 
to monitor and study the effectiveness of treatments furnished 
to, and health outcomes of, Persian Gulf War veterans who suffer 
from diagnosed and undiagnosed illnesses which may be associated 
with their service in the Persian Gulf War. 
^ 
(2) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives a report on 
the implementation of paragraph (1). 
Deadline. 
(3) The Secretary shall carry out paragraphs (1) and (2) not 
later than 180 days after receiving the final report of the National 
Academy of Sciences under subsection (a). 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3325 
SEC. 1
0
6
. 
CONTRACT FOR INDEPENDENT RECOMMENDATIONS ON 
RESEARCH AND FOR DEVELOPMENT OF CURRICULUM 
ON 
CARE 
OF 
PERSIAN 
GULF 
WAR 
VETERANS. 
Section 706 of the Persian Gulf War Veterans' Health Status 
Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended 
by adding at the end the following new subsection: 
"(d) 
RESEARCH 
REVIEW 
AND DEVELOPMENT 
OF 
MEDICAL 
EDUCATION CURRICULUM.—(1) In order to further understand the 
health consequences of military service in the Persian Gulf theater 
of operations during the Persian Gulf War and of new research 
findings with implications for improving the provision of care for 
veterans of such service, the Secretary of Veterans Affairs and 
the Secretary of Defense shall seek to enter into an agreement 
with the National Academy of Sciences under which the Institute 
of Medicine of the Academy would— 
"(A) develop a curriculum pertaining to the care and treat-
ment of veterans of such service who have ill-defined or 
undiagnosed illnesses for use in the continuing medical edu-
cation of both general and specialty physicians who provide 
care for such veterans; and 
"(B) on an ongoing basis, periodically review and provide 
recommendations regarding the research plans and research 
strategies of the Departments relating to the health con-
sequences of military service in the Persian Gulf theater of 
operations during the Persian Gulf War. 
"(2) Recommendations to be provided under paragraph (1)(B) 
include any recommendations that the Academy considers appro-
priate for additional scientific studies (including studies related 
to treatment models) to resolve areas of continuing scientific 
uncertainty relating to the health consequences of any aspects 
of such military service. In making recommendations for additional 
studies, the Academy shall consider the available scientific data, 
the value and relevance of the information that could result from 
such studies, and the cost and feasibility of carrying out such 
studies. 
"(3) Not later than 9 months after the Institute of Medicine Deadline, 
provides the Secretaries the curriculum developed under paragraph 
(1)(A), the Secretaries shall provide for the conduct of continuing 
education programs using that curriculum. Those programs shall 
include instruction which seeks to emphasize use of appropriate 
protocols of diagnosis, referral, and treatment of such veterans.". 
SEC. 107. EXTENSION AND IMPROVEMENT OF EVALUATION OF HEALTH 
STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF 
WAR VETERANS. 
(a) ONE-YEAR EXTENSION.—Subsection (b) of section 107 of 
the Persian Gulf War Veterans' Benefits Act (title I of Public 
Law 103-446; 38 U.S.C. 1117 note) is amended by striking "Decem-
ber 31, 1998" and inserting "December 31, 1999". 
(b) 
TERMINATION 
OF CERTAIN 
TESTING 
AND EVALUATION 
REQUIREMENTS.—Subsection (a) of such section is amended— 
(1) by striking "the" after "Secretary of"; 
(2) by striking "study" both places it appears and inserting 
"program"; and 
(3) by striking the sentence following paragraph (3). 
(c) ENHANCED FLEXIBILITY IN EXAMINATIONS.—Subsection (d) 
of such section is amended— 
112 STAT. 3326 
PUBLIC LAW 105-368—NOV. 11, 1998 
(1) by striking "shall" and inserting "may"; and 
(2) by inserting ", including fee arrangements described 
in section 1703 of title 38, United States Code" after "arrange-
ments". 
(d) OUTREACH.—Subsection (g) of such section is amended— 
(1) by striking "to ensure" and all that follows through 
the period at the end of paragraph (2) and inserting "for the 
purposes of the program."; and 
(2) by adding at the end the following new sentence: "In 
conducting such outreach activities, the Secretary shall advise 
that medical treatment is not available under the program.". 
(e) REPORT TO CONGRESS.—Subsection (i) of such section is 
amended to read as follows: 
Deadline. 
"(i) REPORT TO CONGRESS.—^Not later than July 31, 1999, the 
Secretary shall submit to the Committees on Veterans' Affairs 
of the Senate and House of Representatives a report on activities 
with respect to the program, including the provision of services 
under subsection (d).". 
TITLE II—EDUCATION AND 
EMPLOYMENT 
Subtitle A—Education Matters 
SEC. 201. CALCULATION OF REPORTING FEE BASED ON TOTAL 
VETERAN ENROLLMENT DURING A CALENDAR YEAR. 
(a) IN GENERAL.—^The second sentence of section 3684(c) is 
amended by striking "on October 31" and all that follows through 
the period and inserting "during the calender year.". 
(b) FUNDING.—Section 3684(c), as amended by subsection (a), 
is further amended by adding at the end the following new sentence: 
"The reporting fee payable under this subsection shall be paid 
from amounts appropriated for readjustment benefits.". 
38 use 3684 
(c) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall apply with respect to calendar years beginning after December 
31, 1998. 
SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK-STUDY 
ALLOWANCE. 
(a) IN GENERAL.—^The third sentence of section 3485(a)(1) is 
amended by striking "An individual shall be paid in advance" 
and inserting "An individual may elect, in a manner prescribed 
by the Secretory, to be paid in advance". 
38 use 3485 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
shall apply with respect to agreements entered into under section 
3485 of title 38, United States Code, on or after January 1, 1999. 
SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR EQUIVALENCY 
REQUIREMENT. 
(a) IN GENERAL.—^The following sections of chapter 30 are each 
amended by striking "successfully completed" each place it appears 
and inserting "successfully completed (or otherwise received aca-
demic credit for)": sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii), 
3018A(aX2), 3018B(a)(l)(B), 3018B(a)(2)(B), and 3018C(a)(3). 
38 use 3011 
(b) EFFECTIVE DATE.—The amendments made by subsection 
note. 
(a) shall take effect on October 1, 1998. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3327 
SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING REQUIREMENTS. 
(a) TITLE 38, UNITED STATES CODE.—Sections 3034(d)(2) and 
3241(b)(2) are each amended— 
(1) by striking "pilot's license" each place it appears and 
inserting "pilot certificate"; and 
(2) by inserting ", on the day the individual begins a 
course of flight training," after "meets". 
(b) TITLE 10, UNITED STATES CODE.—Section 16136(c)(2) of 
title 10, United States Code, is amended— 
(1) by striking "pilot's license" each place it appears and 
inserting "pilot certificate"; and 
(2) by inserting ", on the day the individual begins a 
course of flight training," after "meets". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
lo use 16136 
shall apply with respect to courses of flight training beginning note. 
on or after October 1, 1998. 
SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAYMENT RATE 
REQUIREMENTS FOR GOVERNMENT JOB TRAINING 
PROGRAM APPROVAL. 
(a) IN GENERAL.—Section 3677(b) is amended— 
(1) by inserting "(1)" after "(b)"; 
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively; 
(3) in subparagraph (A), as so redesignated, by striking 
"(A)" and "(B)" and inserting "(i)" and "(ii)", respectively; and 
(4) by adding at the end the following new paragraph: 
"(2) The requirement under paragraph (l)(A)(ii) shall not apply 
with respect to a training establishment operated by the United 
States or by a State or local government.". 
(b) EFFECTIVE DATE.—^The amendments made by subsection 38USC3677 
(a) shall apply with respect to approval of programs of training note. 
on the job under section 3677 of title 38, United States Code, 
on or after October 1, 1998. 
SEC. 206. EXPANSION OF EDUCATION OUTREACH SERVICES. 
(a) EXPANSION OF EDUCATION OUTREACH SERVICES TO MEMBERS 
OF THE ARMED FORCES.—Section 3034 is amended by adding at 
the end the following new subsection: 
"(e)(1) In the case of a member of the Armed Forces who 
participates in basic educational assistance under this chapter, 
the Secretary shall furnish the information described in paragraph 
(2) to each such member. The Secretary shall furnish such informa-
tion as soon as practicable after the basic pay of the member 
has been reduced by $1,200 in accordance with section 3011(b) 
or 3012(c) of this title and at such additional times as the Secretary 
determines appropriate. 
"(2) The information referred to in paragraph (1) is information 
with respect to the benefits, limitations, procedures, eligibility 
requirements (including time-in-service requirements), and other 
important aspects of the basic educational assistance program under 
this chapter, including application forms for such basic educational 
assistance under section 5102 of this title. 
"(3) The Secretary shall furnish the forms described in 
paragraph (2) and other educational materials to educational 
institutions, training establishments, and military education person-
nel, as the Secretary determines appropriate. 
112 STAT. 3328 
PUBLIC LAW 105-368—NOV. 11, 1998 
"(4) The Secretary shall use amounts appropriated for readjust-
ment benefits to carry out this subsection and section 5102 of 
this title with respect to application forms under that section for 
basic educational assistance under this chapter.". 
38 use 3034 
(b) EFFECTIVE DATE.—^The amendment made by this section 
note. 
shall take effect 180 days after the date of the enactment of this 
Act. 
SEC. 
207. INFORMATION 
ON MINIMUM 
REQUIREMENTS FOR 
EDUCATION BENEFITS FOR MEMBERS OF THE ARMED 
FORCES DISCHARGED EARLY FROM DUTY FOR THE CON-
VENIENCE OF THE GOVERNMENT. 
(a) ACTIVE DUTY PROGRAM.—Section 3011 is amended by adding 
at the end the following new subsection: 
"(i) The Secretary concerned shall inform any member of the 
Armed Forces who has not completed that member's initial obligated 
period of active duty (as described in subsection (a)(1)(A)) and 
who indicates the intent to be discharged or released from such 
duty for the convenience of the Federal Glovemment of the minimum 
active duty requirements for entitlement to educational assistance 
benefits under this chapter. Such information shall be provided 
to the member in a timely manner.". 
(b) RESERVE PROGRAM.—Section 3012 is amended by adding 
at the end the following new subsection: 
"(g)(1) The Secretary concerned shall inform any member of 
the Armed Forces who has not completed that member's initial 
service (as described in paragraph (2)) and who indicates the intent 
to be discharged or released from such service for the convenience 
of the Federal Grovemment of the minimum service requirements 
for entitlement to educational assistance benefits under this chap-
ter. Such information shall be provided to the member in a timely 
manner. 
"(2) The initial service referred to in paragraph (1) is the 
initial obligated period of active duty (described in subparagraphs 
(A)(i) or (B)(i) of subsection (a)(1)) or the period of service in the 
Selected Reserve (described in subparagraphs (A)(ii) or (B)(ii) of 
subsection (a)(1)).". 
(c) REPORT TO CONGRESS.—Section 3036(b)(1) is amended— 
(1) by striking "and (B)" and inserting "(B)"; and 
(2) by inserting before the semicolon the following: ", and 
(C) describing the efforts under sections 3011(i) and 3012(g) 
of this title to inform members of the Armed Forces of the 
minimum service requirements for entitlement to educational 
assistance benefits under this chapter and the results from 
such efforts". 
38 use 3011 
(d) EFFECTIVE DATES.—(1) The amendments made by sub-
note, 
sections (a) and (b) shall take effect 120 days after the date of 
the enactment of this Act. 
38 use 3036 
(2) The amendments made by subsection (c) shall apply with 
note. 
respect to reports to Congress submitted by the Secretary of Defense 
under section 3036 of title 38, United States Code, on or after 
January 1, 2000. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3329 
Subtitle B—^Uniformed Services Employ-
ment and Reemployment Rights Act 
Amendments 
SEC. 211. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE AS 
AN EMPLOYER. 
(a) IN GENERAL.—Section 4323 is amended to read as follows: 
''§4323. Enforcement of rights with respect to a State or 
private employer 
"(a) ACTION FOR RELIEF.—(1) A person who receives from the 
Secretary a notification pursuant to section 4322(e) of this title 
of an unsuccessful effort to resolve a complaint relating to a State 
(as an employer) or a private employer may request that the Sec-
retary refer the complaint to the Attorney General. If the Attorney 
General is reasonably satisfied that the person on whose behalf 
the complaint is referred is entitled to the rights or benefits sought, 
the Attorney General may appear on behalf of, and act as attorney 
for, the person on whose behalf the complaint is submitted and 
commence an action for relief under this chapter for such person. 
In the case of such an action against a State (as an employer), 
the action shall be brought in the name of the United States 
as the plaintiff in the action. 
"(2) A person may commence an action for relief with respect 
to a complaint against a State (as an employer) or a private 
employer if the person— 
"(A) has chosen not to apply to the Secretary for assistance 
under section 4322(a) of this title; 
"(B) has chosen not to request that the Secretary refer 
the complaint to the Attorney General under paragraph (1); 
or 
"(C) has been refused representation by the Attorney 
General with respect to the complaint under such paragraph. 
"(b) JURISDICTION.—(1) In the case of an action against a State 
(as an employer) or a private employer commenced by the United 
States, the district courts of the United States shall have jurisdic-
tion over the action. 
"(2) Ijn the case of an action against a State (as an employer) 
by a person, the action may be brought in a State court of competent 
jurisdiction in accordance with the laws of the State. 
"(3) In the case of an action against a private employer by 
a person, the district courts of the United States shall have jurisdic-
tion of the action. 
"(c) VENUE.—(1) In the case of an action by the United States 
against a State (as an employer), the action may proceed in the 
United States district court for any district in which the State 
exercises any authority or carries out any function. 
"(2) In the case of an action against a private employer, the 
action may proceed in the United States district court for any 
district in which the private employer of the person maintains 
a place of business. 
"(d) REMEDIES.—(1) In any action under this section, the court 
may award relief as follows: 
"(A) The court may require the employer to comply with 
the provisions of this chapter. 
112 STAT. 3330 
PUBLIC LAW 105-368—NOV. 11, 1998 
"(B) The court may require the employer to compensate 
the person for any loss of wages or benefits suffered by reason 
of such employer's failure to comply with the provisions of 
this chapter. 
"(C) The court may require the employer to pay the person 
an amount equal to the amount referred to in subparagraph 
(B) as liquidated damages, if the court determines that the 
employer's failure to comply with the provisions of this chapter 
was willful. 
"(2)(A) Any compensation awarded under subparagraph (B) or 
(C) of paragraph (1) shall be in addition to, and shall not diminish, 
any of the other rights and benefits provided for under this chapter. 
"(B) In the case of an action commenced in the name of the 
United States for which the relief includes compensation awarded 
under subparagraph (B) or (C) of paragraph (1), such compensation 
shall be held in a special deposit account and shall be paid, on 
order of the Attorney Greneral, directly to the person. If the com-
pensation is not paid to the person because of inability to do 
so within a period of 3 years, the compensation shall be covered 
into the Treasury of the United States as miscellaneous receipts. 
"(3) A State shall be subject to the same remedies, including 
prejudgment interest, as may be imposed upon any private employer 
under this section. 
"(e) EQUITY POWERS.—^The court may use its full equity powers, 
including temporary or permanent injunctions, temporary restrain-
ing orders, and contempt orders, to vindicate fully the rights or 
benefits of persons under this chapter. 
"(f) STANDING.—An action under this chapter may be initiated 
only by a person claiming rights or benefits under this chapter 
under subsection (a) or by the United States under subsection 
(a)(1). 
"(g) RESPONDENT.—In any action under this chapter, only an 
employer or a potential employer, as the case may be, shall be 
a necessary party respondent. 
"(h) FEES, COURT COSTS.—(1) No fees or court costs may be 
charged or taxed against any person claiming rights under this 
chapter. 
"(2) In any action or proceeding to enforce a provision of this 
chapter by a person under subsection (a)(2) who obtained private 
counsel for such action or proceeding, the court may award any 
such person who prevails in such action or proceeding reasonable 
attorney fees, expert witness fees, and other litigation expenses. 
"(i) INAPPLICABILITY OF STATE STATUTE OF LIMITATIONS.—^No 
State statute of limitations shall apply to any proceeding under 
this chapter. 
"(j) DEFINITION.—In this section, the term 'private employer' 
includes a political subdivision of a State.". 
38 use 4323 
(b) EFFECTIVE DATE.—(1) Section 4323 of title 38, United States 
^ote- 
Code, as amended by subsection (a), shall apply to actions com-
menced under chapter 43 of such title on or sifter the date of 
the enactment of this Act, and shall apply to actions commenced 
under such chapter before the date of the enactment of this Act 
that are not final on the date of the enactment of this Act, without 
regard to when the cause of action accrued. 
(2) In the case of any such action against a State (as an 
employer) in which a person, on the day before the date of the 
enactment of this Act, is represented by the Attorney General 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3331 
under section 4323(a)(1) of such title as in effect on such day, 
the court shall upon motion of the Attorney General, substitute 
the United States as the plaintiff in the action pursuant to such 
section as amended by subsection (a). 
SEC. 212. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT AND 
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNI-
FORMED SERVICES. 
(a) DEFINITION OF EMPLOYEE.—Section 4303(3) is amended by 
adding at the end the following new sentence: "Such term includes 
any person who is a citizen, national, or permanent resident alien 
of the United States employed in a workplace in a foreign country 
by an employer that is an entity incorporated or otherwise organized 
in the United States or that is controlled by an entity organized 
in the United States, within the meaning of section 4319(c) of 
this title.". 
(b) FOREIGN COUNTRIES.—(1) Subchapter II of chapter 43 is 
amended by inserting after section 4318 the following new section: 
^^§4319. Employment and reemployment rights in foreign 
countries 
"(a) LIABILITY OF CONTROLLING UNITED STATES EMPLOYER OF 
FOREIGN ENTITY.—If an employer controls an entity that is incor-
porated or otherwise organized in a foreign country, any denial 
of employment, reemployment, or benefit by such entity shall be 
presumed to be by such employer. 
"(b) INAPPLICABILITY TO FOREIGN EMPLOYER.—^This subchapter 
does not apply to foreign operations of an employer that is a 
foreign person not controlled by an United States employer. 
"(c) DETERMINATION OF CONTROLLING EMPLOYER.—^For the pur-
pose of this section, the determination of whether an employer 
controls an entity shall be based upon the interrelations of oper-
ations, common management, centralized control of labor relations, 
and common ownership or financial control of the employer and 
the entity. 
"(d) EXEMPTION.—^Notwithstanding any other provision of this 
subchapter, an employer, or an entity controlled by an employer, 
shall be exempt from compliance with any of sections 4311 through 
4318 of this title with respect to an employee in a workplace 
in a foreign country, if compliance with that section would cause 
such employer, or such entity controlled by an employer, to violate 
the law of the foreign country in which the workplace is located.". 
(2) The table of sections at the beginning of chapter 43 is 
amended by inserting after the item relating to section 4318 the 
following new item: 
"4319. Emplojonent and reemplcyment rights in foreign countries.". 
(c) EFFECTIVE DATE.—^The amendments made by this section 38 use 4303 
shall apply only with respect to causes of action arising after 
note. 
the date of the enactment of this Act. 
SEC. 213. COMPLAINTS RELATING TO REEMPLOYMENT OF MEMBERS 
OF THE UNIFORMED SERVICES IN FEDERAL SERVICE. 
(a) IN GENERAL.—^The first sentence of paragraph (1) of section 
4324(c) is amended by inserting before the period at the end the 
following: ", without regard as to whether the complaint accrued 
before, on, or after October 13, 1994". 
112 STAT. 3332 
PUBLIC LAW 105-368—NOV. 11, 1998 
38 use 4324 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
shall apply to complaints filed with the Merit Systems Protection 
Board on or after October 13, 1994. 
TITLE III—COMPENSATION, PENSION, 
AND INSURANCE 
SEC. 301. MEDAL OF HONOR SPECIAL PENSION. 
(a) INCREASE.—Section 1562(a) is amended by striking "$400" 
and inserting "$600". 
38 use 1562 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
shall take effect on the first day of the first month beginning 
on or after the date of the enactment of this Act. 
SEC. 302. 
ACCELERATED DEATH BENEFIT FOR SERVICEMEMBERS' 
GROUP 
LIFE 
INSURANCE 
AND 
VETERANS' 
GROUP 
LIFE 
INSURANCE 
PARTICIPANTS. 
(a) IN GENERAL.—(1) Subchapter III of chapter 19 is amended 
by adding at the end the following new section: 
*
*
§ 1980. Option to receive accelerated death benefit 
"(a) For the purpose of this section, a person shall be considered 
to be terminally ill if the person has a medical prognosis such 
that the life expectancy of the person is less than a period prescribed 
by the Secretary. The maximum length of such period may not 
exceed 12 months. 
"(b)(1) A terminally ill person insured under Servicemembers' 
Group Life Insurance or Veterans' Group Life Insurance may elect 
to receive in a lump-sum pa3nnent a portion of the face value 
of the insurance as an accelerated death benefit reduced by an 
amount necessary to assure that there is no increase in the actuarial 
value of the benefit paid, as determined by the Secretary. 
"(2) The Secretary shall prescribe the maximum amount of 
the accelerated death benefit available under this section that the 
Secretary finds to be administratively practicable and actuarially 
sound, but in no event may the amount of the benefit exceed 
the amount equal to 50 percent of the face value of the person's 
insurance in force on the date the election of the person to receive 
the benefit is approved. 
"(3) A person making an election under this section may elect 
to receive an amount that is less than the maximum amount 
prescribed under paragraph (2). The Secretary shall prescribe the 
increments in which a reduced amount under this paragraph may 
be elected. 
"(c) The portion of the face value of insurance which is not 
paid in a lump sum as an accelerated death benefit under this 
section shall remain payable in accordance with the provisions 
of this chapter. 
"(d) Deductions under section 1969 of this title and premiums 
under section 1977(c) of this title shall be reduced, in a manner 
consistent with the percentage reduction in the face value of the 
insurance as a result of payment of an accelerated death benefit 
under this section, effective with respect to any amounts which 
would otherwise become due on or after the date of payment under 
this section. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3333 
"(e) The Secretary shall prescribe regulations to carry out this 
section. Such regulations shall include provisions regarding— 
"(1) the form and manner in which an application for 
an election under this section shall be made; and 
"(2) the procedures under which any such application shall 
be considered. 
"(f)(1) An election to receive a benefit under this section shall 
be irrevocable. 
"(2) A person may not make more than one election under 
this section, even if the election of the person is to receive less 
than the maximum amount of the benefit available to the person 
under this section. 
"(g) If a person insured under Servicemembers' Group Life 
Insurance elects to receive a benefit under this section and the 
person's Servicemembers' Group Life Insurance is thereafter con-
verted to Veterans' Group Life Insurance as provided in section 
1968(b) of this title, the amount of the benefit paid under this 
section shall reduce the amount of Veterans' Group Life Insurance 
available to the person under section 1977(a) of this title. 
"(h) Notwithstanding any other provision of law, the amount 
of the accelerated death benefit received by a person under this 
section shall not be considered income or resources for purposes 
of determining eligibility for or the amount of benefits under any 
Federal or federally-assisted program or for any other purpose.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 1979 
the following new item: 
"1980. Option to receive accelerated death benefit.". 
(b) CONFORMING AMENDMENTS.—Section 1970(g) is amended 
in the first sentence— 
(1) by striking "Pajmtients of benefits" and inserting "Any 
payments"; and 
(2) by inserting "an insured or" after "or on account of,". 
(c) EFFECTIVE DATE.—^The amendments made by this section 
shall take effect 90 days after the date of the enactment of this 
Act. 
Regulations. 
38 u s e 1970 
note. 
SEC. 303. ASSESSMENT OF EFFECTIVENESS OF INSURANCE AND SUR-
VIVOR BENEFITS PROGRAMS FOR SURVIVORS OF VETER-
ANS WITH SERVICE-CONNECTED DISABILITIES. 
(a) REPORT ON ASSESSMENT.—^Not later than October 1, 1999, 
the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and the House of Representatives 
a report containing an assessment of the adequacy of the insurance 
and survivor benefits programs of the Department of Veterans 
Affairs (including the payment of dependency and indemnity com-
pensation under chapter 13 of title 38, United States Code) in 
meeting the needs of survivors of veterans with service-connected 
disabilities, including survivors of catastrophically disabled veterans 
who cared for those veterans. 
(b) REPORT ELEMENTS.—^The report on the assessment under 
subsection (a) shall include the following: 
(1) An identification of the characteristics that make a 
disabled veteran catastrophically disabled. 
Deadline. 
112 STAT. 3334 
PUBLIC LAW 105-368—NOV. 11, 1998 
(2) A statement of the number of veterans with service-
connected disabiUties who participate in insurance programs 
administered by the Department. 
(3) A statement of the number of survivors of veterans 
with service-connected disabilities who receive dependency and 
indemnity compensation under chapter 13 of title 38, United 
States Code. 
(4) Data on veterans with service-connected disabilities 
that are relevant to the insurance programs administered by 
the Department, and an assessment how such data might be 
used to better determine the cost above standard premium 
rates of insuring veterans with service-connected disabilities 
under such programs. 
(5) An analysis of various methods of accounting and 
providing for the additional cost of insuring the lives of veterans 
with service-connected disabilities under the insurance pro-
grams administered by the Department. 
(6) An assessment of the adequacy and effectiveness of 
the current insurance programs and dependency and indemnity 
compensation programs of the Department in meeting the needs 
of survivors of severely disabled or catastrophically disabled 
veterans. 
(7) An analysis of various methods of meeting the transi-
tional financial needs of survivors of veterans with service-
connected disabilities immediately after the deaths of such 
veterans. 
(8) Such recommendations as the Secretary considers 
appropriate regarding means of improving the benefits avail-
able to survivors of veterans with service-connected disabilities 
under programs administered by the Department. 
SEC. 304. NATIONAL SERVICE LIFE INSURANCE PROGRAM. 
(a) ELIGIBILITY OF CERTAIN VETERANS FOR DIVIDENDS UNDER 
NSLI PROGRAM.—Section 1919(b) is amended— 
(1) by striking "sections 602(c)(2) and" and inserting 
"section"; and 
(2) by striking "sections" after "under such" and inserting 
"section". 
38USC1919 
(b) EFFECTIVE DATE.—^The amendments made by this section 
note- 
shall take effect at the end of the 90-day period beginning on 
the date of the enactment of this Act. 
TITLE IV—MEMORIAL AFFAIRS 
SEC. 401. COMMEMORATION OF INDIVIDUALS WHOSE REMAINS ARE 
UNAVAILABLE FOR INTERMENT. 
(a) 
MEMORIAL 
HEADSTONES 
OR 
MARKERS 
FOR 
CERTAIN 
MEMBERS OF THE ARMED FORCES AND SPOUSES.—Subsection (b) 
of section 2306 is amended to read as follows: 
"(bXD The Secretary shall furnish, when requested, an appro-
priate memorial headstone or marker for the purpose of commemo-
rating an eligible individual whose remains are unavailable. Such 
a headstone or marker shall be furnished for placement in a 
national cemetery area reserved for that purpose under section 
2403 of this title, a veterans' cemetery owned by a State, or, 
in the case of a veteran, in a State, local, or private cemetery. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3335 
"(2) For purposes of paragraph (1), an eligible individual is 
any of the following: 
"(A) A veteran. 
"(B) The spouse or surviving spouse of a veteran. 
"(3) For purposes of paragraph (1), the remains of an individual 
shall be considered to be unavailable if the individual's remains— 
"(A) have not been recovered or identified; 
"(B) were buried at sea, whether by the individual's own 
choice or otherwise; 
"(C) were donated to science; or 
"(D) were cremated and the ashes scattered without inter-
ment of any portion of the ashes. 
"(4) For purposes of this subsection: 
"(A) The term 'veteran' includes an individual who dies 
in the active military, naval, or air service. 
"(B) The term 'surviving spouse' includes an unremarried 
surviving spouse whose subsequent remarriage was terminated 
by death or divorce.". 
(b) ALTERNATIVE COMMEMORATION FOR CERTAIN SPOUSES.— 
Such section is further amended by adding at the end the following 
new subsection: 
"(e)( 1) When the Secretary has furnished a headstone or marker 
under subsection (a) for the unmarked grave of an individual, 
the Secretary shall, if feasible, add a memorial inscription to that 
headstone or marker rather than furnishing a separate headstone 
or marker under that subsection for the surviving spouse of such 
individual. 
"(2) When the Secretary has furnished a memorial headstone 
or marker under subsection (b) for purposes of commemorating 
a veteran or an individual who died in the active military, naval, 
or air service, the Secretary shall, if feasible, add a memorial 
inscription to that headstone or marker rather than furnishing 
a separate memorial headstone or marker under that subsection 
for the surviving spouse of such individual.". 
(c) MEMORIAL AREAS.—Section 2403(b) is amended to read as 
follows: 
"(b) Under regulations prescribed by the Secretary, group Regulations, 
memorials may be placed to honor the memory of groups of individ-
uals referred to in subsection (a), and appropriate memorial 
headstones and markers may be placed to honor the memory of 
individuals referred to in subsection (a) and section 2306(b) of 
this title.". 
(d) EFFECTIVE DATE.—^The amendments made by subsections 38 use 2306 
(a) and (b) shall apply to deaths occurring after the date of the note. 
enactment of this Act. 
SEC. 462. MERCHANT MARINER BURIAL AND CEMETERY BENEFITS. 
(a) BENEFITS.—^Part G of subtitle II of title 46, United States 
Code, is amended by inserting after chapter 111 the following 
new chapter: 
"CHAPTER 112—MERCHANT MARINER BENEFITS 
"Sec. 
"11201. Eligibility for veterans' burial and cemetery benefits. 
"11202. Qualified service. 
"11203. Documentation of qualified service. 
"11204. Processing fees. 
59-194 O - 98 - 19 : QL 3 Part 5 
112 STAT. 3336 
PUBLIC LAW 105-368—NOV. 11, 1998 
''§ 11201. Eligibility for veterans' burial and cemetery bene-
fits 
"(a) ELIGIBILITY.— 
"(1) IN GENERAL.—^The qualified service of a person referred 
to in paragraph (2) shall be considered to be active duty in 
the Armed Forces during a period of war for purposes of eligi-
bility for benefits under the following provisions of title 38: 
"(A) Chapter 23 (relating to burial benefits). 
"(B) Chapter 24 (relating to interment in national 
cemeteries). 
"(2) COVERED INDIVIDUALS.—^Paragraph (1) applies to a 
person who— 
"(A) receives an honorable service certificate under 
section 11203 of this title; and 
"(B) is not eligible under any other provision of law 
for benefits under laws administered by the Secretary of 
Veterans Affairs. 
"(b) REIMBURSEMENT FOR BENEFITS PROVIDED.—^The Secretary 
shall reimburse the Secretary of Veterans Affairs for the value 
of benefits that the Secretary of Veterans Affairs provides for a 
person by reason of eligibility under this section. 
"(c) APPLICABILITY.— 
"(1) GENERAL RULE.—Benefits may be provided under the 
provisions of law referred to in subsection (a)(1) by reason 
of this chapter only for deaths occurring after the date of 
the enactment of this chapter. 
"(2) BURIALS, ETC. IN NATIONAL CEMETERIES.—Notwith-
standing paragraph (1), in the case of an initial burial or 
columbarium placement after the date of the enactment of 
this chapter, benefits may be provided under chapter 24 of 
title 38 by reason of this chapter (regardless of the date of 
death), and in such a case benefits may be provided under 
section 2306 of such title. 
"
*
§ 11202. Qualified service 
"For purposes of this chapter, a person shall be considered 
to have engaged in qualified service if, between August 16, 1945, 
and December 31, 1946, the person^ 
"(1) was a member of the United States merchant marine 
(including the Army Transport Service and the Naval Transport 
Service) serving as a crewmember of a vessel that was— 
"(A) operated by the War Shipping Administration or 
the Office of Defense Transportation (or an agent of the 
Administration or Office); 
"(B) operated in waters other than inland waters, the 
Great Lakes, and other lakes, bays, and harbors of the 
United States; 
"(C) under contract or charter to, or property of, the 
Government of the United States; and 
"(D) serving the Armed Forces; and 
"(2) while so serving, was licensed or otherwise documented 
for service as a crewmember of such a vessel by an officer 
or employee of the United States authorized to license or docu-
ment the person for such service. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3337 
"§ 11203. Documentation of qualified service 
"(a) RECORD OF SERVICE.—^The Secretary, or in the case of 
personnel of the Army Transport Service or the Naval Transport 
Service, the Secretary of Defense, shall, upon application— 
"(1) issue a certificate of honorable service to a person 
who, as determined by that Secretary, engaged in qualified 
service of a nature and duration that warrants issuance of 
the certificate; and 
"(2) correct, or request the appropriate official of the Fed-
eral Government to correct, the service records of that person 
to the extent necessary to reflect the qualified service and 
the issuance of the certificate of honorable service. 
"(b) TIMING OF DOCUMENTATION.—A Secretary receiving an 
application under subsection (a) shall act on the application not 
later than 1 year after the date of that receipt. 
"(c) STANDARDS RELATING TO SERVICE.—In making a determina-
tion under subsection (a)(1), the Secretary acting on the application 
shall apply the same standards relating to the nature and duration 
of service that apply to the issuance of honorable discharges under 
section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 
U.S.C. 106 note). 
"(d) CORRECTION OF RECORDS.—^An official who is requested 
under subsection (a)(2) to correct the service records of a person 
shall make such correction. 
*
*
§ 11204. Processing fees 
"(a) COLLECTION OF FEES.—^The Secretary, or in the case of 
personnel of the Army Transport Service or the Naval Transport 
Service, the Secretary of Defense, shall collect a fee of $30 from 
each applicant for processing an application submitted under section 
11203(a) of this title. 
"(b) TREATMENT OF FEES COLLECTED.—-Amounts received by 
the Secretary under this section shall be deposited in the General 
Fund of the Treasury as offsetting receipts of the department in 
which the Coast Guard is operating and ascribed to Coast Guard 
activities. Amounts received by the Secretary of Defense under 
this section shall be deposited in the General Fund of the Treasury 
as offsetting receipts of the Department of Defense. In either case, 
such amounts shall be available, subject to appropriation, for the 
administrative costs of processing applications under section 11203 
of this title.". 
(b) CLERICAL AMENDMENT.—^The table of chapters at the begin-
ning of subtitle II of title 46, United States Code, is amended 
by inserting after the item relating to chapter 111 the following 
new item: 
"112. Merchant Mariner Benefits 
11201". 
SEC. 403. REDESIGNATION OF NATIONAL CEMETERY SYSTEM AND 38USC2400 
ESTABUSHMENT OF UNDER SECRETARY FOR MEMORIAL note. 
AFFAIRS. 
(a) REDESIGNATION AS NATIONAL CEMETERY ADMINISTRATION.— 
(1) The National Cemetery System of the Department of Veterans 
Affairs shall hereafter be known and designated as the National 
Cemetery Administration. The position of Director of the National 
Cemetery System is hereby redesignated as Under Secretary of 
Veterans Affairs for Memorial Affairs. 
112 STAT. 3338 
PUBLIC LAW 105-368—NOV. 11, 1998 
(2) Section 301(c)(4) is amended by striking "National Cemetery 
System" and inserting "National Cemetery Administration". 
(3) Section 307 is amended— 
(A) in the first sentence, by striking "a Director of the 
National Cemetery System" and inserting "an Under Secretary 
for Memorial Affairs"; and 
(B) in the second sentence, by striking "The Director" and 
all that follows through "National Cemetery System" and insert-
ing "The Under Secretary is the head of the National Cemetery 
Administration". 
(b) PAY RATE FOR UNDER SECRETARY.—Chapter 53 of title 
5, United States Code, is amended— 
(1) in section 5314, by inserting after the item relating 
to the Under Secretary for Benefits of the Department of Veter-
ans Affairs the following new item: 
"Under Secretary for Memorial Affairs, Department of 
Veterans Affairs."; and 
(2) in section 5315, by striking "Director of the National 
Cemetery System.". 
(c) CONFORMING AMENDMENTS.— 
(1)(A) The heading of section 307 is amended to read as 
follows: 
*
*
§ 307. Under Secretary for Memorial Affairs'*. 
(B) The item relating to section 307 in the table of sections 
at the beginning of chapter 3 is amended to read as follows: 
"307. Under Secretary for Memorial Affairs.". 
(2) Section 2306(d) is amended by striking "within the 
National Cemetery System" each place such term appears and 
inserting "under the control of the National Cemetery Adminis-
tration". 
(3) Section 2400 is amended— 
(A) in subsection (a)— 
(i) by striking "National Cemetery System" and 
inserting "National Cemetery Administration respon-
sible"; and 
(ii) in the second sentence, by striking "Such sys-
tem" and all that follows through "National Cemetery 
System" and inserting "The National 
Cemetery 
Administration shall be headed by the Under Secretary 
for Memorial Affairs"; 
(B) in subsection (b), by striking "National Cemetery 
System" and inserting "national cemeteries and other facili-
ties under the control of the National Cemetery Administra-
tion"; and 
(C) by amending the heading to read as follows: 
"§ 2400. Establishment of National Cemetery Administration; 
composition of Administration'*. 
(4) The item relating to section 2400 in the table of sections 
at the beginning of chapter 24 is amended to read as follows: 
"2400. Establishment of National Cemetery Administration; composition of Adminis-
tration.". 
(5) Section 2402 is amended in the matter preceding para-
graph (1) by striking "in the National Cemetery System" and 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3339 
inserting "under the control of the National Cemetery Adminis-
tration". 
(6) Section 2403(c) is amended by striking "in the National 
Cemetery System created by this chapter" and inserting "under 
the control of the National Cemetery Administration". 
(7) Section 2405(c) is amended— 
(A) by striking "within the National Cemetery System" 
and inserting "under the control of the National Cemetery 
Administration"; and 
(B) by striking "within such System" and inserting 
"under the control of such Administration". 
(8) Section 2408(c)(1) is amended by striking "in the 
National Cemetery System" and inserting "under the control 
of the National Cemetery Administration". 
(d) REFERENCES.— 
38 use 2400 
(1) Any reference in a law, map, regulation, document, J^ote. 
paper, or other record of the United States to the National 
Cemetery System shall be deemed to be a reference to the 
National Cemetery Administration. 
(2) Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Director 
of the National Cemetery System shall be deemed to be a 
reference to the Under Secretary of Veterans Affairs for Memo-
rial Affairs. 
SEC. 
404. 
STATE 
CEMETERY 
GRANTS 
PROGRAM. 
(a) 
AMOUNT 
OF GRANT 
RELATIVE 
TO PROJECT 
COST.—(1) 
Paragraphs (1) and (2) of section 2408(b) are amended to read 
as follows: 
"(1) The amount of a grant under this section may not 
exceed— 
"(A) in the case of the establishment of a new cemetery, 
the sum of: (i) the cost of improvements to be made on 
the land to be converted into a cemetery; and (ii) the 
cost of initial equipment necessary to operate the cemetery; 
and 
"(B) in the case of the expansion or improvement of 
an existing cemetery, the sum of: (i) the cost of improve-
ments to be made on any land to be added to the cemetery; 
and (ii) the cost of any improvements to be made to the 
existing cemetery. 
"(2) If the amount of a grant under this section is less 
than the amount of costs referred to in subparagraph (A) or 
(B) of paragraph (1), the State receiving the grant shall contrib-
ute the excess of such costs over the grant.". 
(2) The amendment made by paragraph (1) shall apply with 38USC2408 
respect to grants under section 2408 of title 38, United States note. 
Code, made after the end of the 60-day period beginning on the 
date of the enactment of this Act. 
(b) AUTHORIZATION OF APPROPRIATIONS WITHOUT FISCAL YEAR 
LIMITATION.—The first sentence of section 2408(e) is amended by 
striking "shall remain available until the end of the second fiscal 
year following the fiscal year for which they are appropriated" 
and inserting "shall remain available until expended". 
(c) 
EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR 
GRANT PROGRAM.—^Paragraph (2) of section 2408(a) is amended 
to read as follows: 
112 STAT. 3340 
PUBLIC LAW 105-368—NOV. 11, 1998 
"(2) There is authorized to be appropriated such sums as may 
be necessary for fiscal year 1999 and for each succeeding fiscal 
year through fiscal year 2004 for the purpose of making grants 
under paragraph (1).". 
TITLE V—COURT OF VETERANS 
APPEALS 
Subtitle A—^Administrative Provisions 
Relating to the Court 
SEC. 501. CONTINUATION IN OFFICE OF JUDGES PENDING CONFIRMA-
TION FOR SECOND TERM. 
Section 7253(c) is amended by adding at the end the following 
new sentence: "A judge who is nominated by the President for 
appointment to an additional term on the Court without a break 
in service and whose term of office expires while that nomination 
is pending before the Senate may continue in office for up to 
1 year while that nomination is pending.". 
SEC. 502. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION 
ORDERS. 
Section 7298 is amended by adding at the end the following 
new subsection: 
"(g) For purpose of section 255(g)(1)(B) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)), 
the retirement fund shall be treated in the same manner as the 
Claims Judges' Retirement Fund.". 
SEC. 503. ADJUSTMENTS FOR SURVIVOR ANNUITIES. 
Subsection (o) of section 7297 is amended to read as follows: 
"(o) Each survivor annuity payable from the retirement fiind 
shall be increased at the same time as, and by the same percentage 
by which, annuities payable from the Judicial Survivors' Annuities 
Fund are increased pursuant to section 376(m) of title 28.". 
SEC. 504. REPORTS ON RETIREMENT PROGRAM MODIFICATIONS. 
Deadline. 
(a) REPORT ON JUDGES' RETIREMENT SYSTEM.—^Not later t h a n 
1 year after the date of the enactment of this Act, the chief judge 
of the United States Court of Appeals for Veterans Claims shall 
submit to the Committees on Veterans' Affairs of the Senate and 
House of Representatives a report on the feasibility and desirability 
of merging the retirement plan of the judges of that court with 
retirement plans of other Federal judges. 
DeadUne. 
(b) REPORT ON SURVIVOR ANNUITIES PLAN.—Not later 
t h a n 
6 months after the date of the enactment of this Act, the chief 
judge of the United States Court of Appeals for Veterans Claims 
shall submit to the Committees on Veterans' Affairs of the Senate 
and House of Representatives a report on the feasibility and desir-
ability of allowing judges of that court to participate in the survivor 
annuity programs available to other Federal judges. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3341 
Subtitle B—Renaming of Court 
SEC. 511. RENAMING OF THE COURT OF VETERANS APPEALS. 
(a) IN GENERAL.—^The United States Court of Veterans Appeals 
38 USC 7251 
is hereby renamed as, and shall hereafter be known and designated note. 
as, the United States Court of Appeals for Veterans Claims. 
(b) SECTION 7251.—Section 7251 is amended by striking "United 
States Court of Veterans Appeals" and inserting "United States 
Court of Appeals for Veterans Claims". 
SEC. 512. CONFORMING AMENDMENTS. 
(a) CONFORMING AMENDMENTS TO TITLE 38, UNITED STATES 
CODE.— 
(1) The following sections are amended by striking "Court 
of Veterans Appeals" each place it appears and inserting "Court 
of Appeals for Veterans Claims": sections 5904, 7101(b), 7252(a), 
7253, 7254, 7255, 7256, 7261, 7262, 7263, 7264, 7266(a)(1), 
7267(a), 7268(a), 7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 
7286, 7291, 7292, 7296, 7297, and 7298. 
(2)(A) The heading of section 7286 is amended to read 
as follows: 
"§ 7286. Judicial Conference of the Court". 
(B) The heading of section 7291 is amended to read as 
follows: 
*
*
§ 7291. Date when Court decision becomes final". 
(C) The heading of section 7298 is amended to read as 
follows: 
"§ 7298. Retirement Fund". 
(3) The table of sections at the beginning of chapter 72 
is amended as follows: 
(A) The item relating to section 7286 is amended to 
read as follows: 
"7286. Judicial Conference of the Court.". 
(B) The item relating to section 7291 is amended to 
read as follows: 
"7291. Date when Court decision becomes final.". 
(C) The item relating to section 7298 is amended to 
read as follows: 
"7298. Retirement Fund.". 
(4)(A) The heading of chapter 72 is amended to read as 
follows: 
"CHAPTER 
72—UNITED 
STATES 
COURT 
OF 
APPEALS 
FOR 
VETERANS 
CLAIMS". 
(B) The item relating to chapter 72 in the table of chapters 
at the beginning of title 38, United States Code, and the item 
relating to such chapter in the table of chapters at the begin-
ning of part V are amended to read as follows: 
"72. United States Court of Appeals for Veterans Claims 
7251". 
(b) CONFORMING AMENDMENTS TO OTHER LAWS.— 
112 STAT. 3342 
PUBLIC LAW 105-368—NOV. 11, 1998 
(1) The following provisions of law are amended by striking 
"Court of Veterans Appeals" each place it appears and inserting 
"Court of Appeals for Veterans Claims": 
(A) Section 8440d of title 5, United States Code. 
(B) Section 2412 of title 28, United States Code. 
(C) Section 906 of title 44, United States Code. 
(D) Section 109 of the Ethics in Government Act of 
1978 (5 U.S.C. App.). 
(2)(A) The heading of section 8440d of title 5, United States 
Code, is amended to read as follows: 
*
*
§ 8440d. Judges of the United States Court of Appeals for 
Veterans Claims". 
(B) The item relating to such section in the table of sections 
at the beginning of chapter 84 of such title is amended to 
read as follows: 
"8440d. Judges of the United States Court of Appeals for Veterans Claims.". 
38 use 7251 
(c) OTHER LEGAL REFERENCES.—^Any reference in a law, regula-
note. 
tion, document, paper, or other record of the United States to 
the United States Court of Veterans Appeals shall be deemed 
to be a reference to the United States Court of Appeals for Veterans 
Claims. 
38 u s e 7251 
SEC. 513. EFFECTIVE DATE. 
This subtitle, and the amendments made by this subtitle, shall 
take effect on the first day of the first month beginning more 
than 90 days after the date of the enactment of this Act. 
TITLE VI—HOUSING 
SEC. 
601. LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL 
HOUSING FOR HOMELESS VETERANS. 
(a) IN GENERAL.—Chapter 37 is amended by adding at the 
end the following new subchapter: 
"SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY 
TRANSITIONAL HOUSING FOR HOMELESS VETERANS 
"§3771. Definitions 
"For purposes of this subchapter: 
"(1) The term Veteran' has the meaning given such term 
by paragraph (2) of section 101. 
"(2) The term 'homeless veteran' means a veteran who 
is a homeless individual. 
"(3) The term 'homeless individual' has the meaning given 
such term by section 103 of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11302). 
"§ 3772. General authority 
"(a) The Secretary may guarantee the full or partial repayment 
of a loan that meets the requirements of this subchapter. 
"(b)(1) Not more than 15 loans may be guaranteed under sub-
section (a), of which not more than five such loans may be guaran-
teed during the 3-year period beginning on the date of the enact-
ment of this subchapter. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3343 
"(2) A guarantee of a loan under subsection (a) shall be in 
an amount that is not less than the amount necessary to sell 
the loan in a commercial market. 
"(3) Not more than an aggregate amount of $100,000,000 in 
loans may be guaranteed under subsection (a). 
"(c) A loan may not be guaranteed under this subchapter unless, 
before closing such loan, the Secretary has approved the loan. 
"(d)(1) The Secretary shall enter into contracts with a qualified 
Contracts. 
nonprofit organization, or other qualified organization, that has 
experience in underwriting transitional housing projects to obtain 
advice in carrying out this subchapter, including advice on the 
terms and conditions necessary for a loan that meets the require-
ments of section 3773 of this title. 
"(2) For purposes of paragraph (1), a nonprofit organization 
is an organization that is described in paragraph (3) or (4) of 
subsection (c) of section 501 of the Internal Revenue Code of 1986 
and is exempt from tax under subsection (a) of such section. 
"(e) The Secretary may carry out this subchapter in advance 
of the issuance of regulations for such purpose. 
"(f) The Secretary may guarantee loans under this subchapter 
notwithstanding any requirement for prior appropriations for such 
purpose under any provision of law. 
"§ 3773. Requirements 
"(a) A loan referred to in section 3772 of this title meets 
the requirements of this subchapter if each of the following require-
ments is met: 
"(1) The loan— 
"(A) is for— 
"(i) construction of, rehabilitation of, or acquisition 
of land for a multifamily transitional housing project 
described in subsection (b), or more than one of such 
purposes; or 
"(ii) refinancing of an existing loan for such a 
project; and 
"(B) may also include additional reasonable amounts 
for— 
"(i) financing acquisition of furniture, equipment, 
supplies, or materials for the project; or 
"(ii) in the case of a loan made for purposes of 
subparagraph (A)(i), supplying the organization carry-
ing out the project with working capital relative to 
the project. 
"(2) The loan is made in connection with funding or the 
provision of substantial property or services for such project 
by either a State or local government or a nongovernmental 
entity, or both. 
"(3) The maximum loan amount does not exceed the lesser 
of— 
"(A) that amount generally approved (utilizing prudent 
underwriting principles) in the consideration and approval 
of projects of similar nature and risk so as to assure repay-
ment of the loan obligation; and 
"(B) 90 percent of the total cost of the project. 
"(4) The loan is of sound value, taking into account the 
creditworthiness of the entity (and the individual members 
of the entity) applying for such loan. 
112 STAT. 3344 
PUBLIC LAW 105-368—NOV. 11, 1998 
"(5) The loan is secured. 
"(6) The loan is subject to such terms and conditions as 
the Secretary determines are reasonable, taking into account 
other housing projects with similarities in size, location, popu-
lation, and services provided. 
"(b) For purposes of this subchapter, a multifamily transitional 
housing project referred to in subsection (a)(1) is a project that— 
"(1) provides transitional housing to homeless veterans, 
which housing may be single room occupancy (as defined in 
section 8(n) of the United States Housing Act of 1937 (42 
U.S.C. 1437f (n))); 
"(2) provides supportive services and counselling services 
(including job counselling) at the project site with the goal 
of making such veterans self-sufficient; 
"(3) requires that each such veteran seek to obtain and 
maintain employment; 
"(4) charges a reasonable fee for occupying a unit in such 
housing; and 
"(5) maintains strict guidelines regarding sobriety as a 
condition of occupying such unit. 
"(c) Such a project— 
"(1) may include space for neighborhood retail services 
or job training programs; and 
"(2) may provide transitional housing to veterans who are 
not homeless and to homeless individuals who are not veterans 
if— 
"(A) at the time of taking occupancy by any such 
veteran or homeless individual, the transitional housing 
needs of homeless veterans in the project area have been 
met; 
"(B) the housing needs of any such veteran or homeless 
individual can be met in a manner that is compatible 
with the manner in which the needs of homeless veterans 
are met under paragraph (1); and 
"(C) the provisions of paragraphs (4) and (5) of sub-
section (b) are met. 
"(d) In determining whether to guarantee a loan under this 
subchapter, the Secretary shall consider— 
"(1) the availability of Department of Veterans Affairs 
medical services to residents of the multifamily transitional 
housing project; and 
"(2) the extent to which needs of homeless veterans are 
met in a community, as assessed under section 107 of Public 
Law 102-405. 
"§3774. Default 
"(a) The Secretary shall take such steps as may be necessary 
to obtain repayment on any loan that is in default and that is 
guaranteed under this subchapter. 
"(b) Upon default of a loan guaranteed under this subchapter 
and terminated pursuant to State law, a lender may file a claim 
under the guarantee for an amount not to exceed the lesser of— 
"(1) the maximum guarantee; or 
"(2) the difference between— 
"(A) the total outstanding obligation on the loan, 
including principal, interest, and expenses authorized by 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3345 
the loan documents, through the date of the pubhc sale 
(as authorized under such documents and State law); and 
"(B) the amount realized at such sale. 
"§3775. Audit 
"During each of the first 3 years of operation of a multifamily 
transitional housing project with respect to which a loan is guaran-
teed under this subchapter, there shall be an annual, independent 
audit of such operation. Such audit shall include a detailed state-
ment of the operations, activities, and accomplishments of such 
project during the year covered by such audit. The party responsible 
for obtaining such audit (and paying the costs therefor) shall be 
determined before the Secretary issues a guarantee under this 
subchapter.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 37 is amended by adding at the end the following 
new items: 
"SUBCHAPTER VI—LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL 
HOUSING FOR HOMELESS VETERANS 
"3771. Definitions. 
"3772. General authority. 
"3773. Requirements. 
"3774. Default. 
"3775. Audit.". 
SEC. 602. VETERANS HOUSING BENEFIT PROGRAM FUND ACCOUNT 
CONSOLIDATION. 
(a) CONSOLIDATION OF HOUSING LOAN REVOLVING FUNDS.— 
Subchapter III of chapter 37 is amended— 
(1) by striking sections 3723, 3724, and 3725; and 
(2) by inserting after section 3721 the following new section: 
"§ 3722. Veterans Housing Benefit Program Fund 
"(a) There is hereby established in the Treasury of the United 
States a fund known as the Veterans Housing Benefit Program 
Fund (hereafter in this section referred to as the 'Fund'). 
"(b) The Fund shall be available to the Secretary, without 
fiscal year limitation, for all housing loan operations under this 
chapter, other than administrative expenses, consistent with the 
Federal Credit Reform Act of 1990. 
"(c) There shall be deposited into the Fund the following, which 
shall constitute the assets of the Fund: 
"(1) Any amount appropriated to the Fund. 
"(2) Amounts paid into the Fund under section 3729 of 
this title or any other provision of law or regulation established 
by the Secretary imposing fees on persons or other entities 
participating in the housing loan programs under this chapter. 
"(3) All other amounts received by the Secretary on or 
after October 1, 1998, incident to housing loan operations under 
this chapter, including— 
"(A) collections of principal and interest on housing 
loans made by the Secretary under this chapter; 
"(B) proceeds from the sale, rental, use, or other dis-
position of property acquired under this chapter; 
"(C) proceeds from the sale of loans pursuant to 
sections 3720(h) and 3733(a)(3) of this title; and 
"(D) 
penalties 
collected 
pursuant 
to 
section 
3710(g)(4)(B) of this title. 
112 STAT. 3346 
PUBLIC LAW 105-368—NOV. 11, 1998 
"(d) Amounts deposited into the Fund under paragraphs (2) 
and (3) of subsection (c) shall be deposited in the appropriate 
financing or liquidating account of the Fund. 
"(e) For purposes of this section, the term 'housing loan' shall 
not include a loan made pursuant to subchapter V of this chapter.". 
38 use 3722 
(b) TRANSFERS OF AMOUNTS INTO VETERANS HOUSING BENEFIT 
note. 
PROGRAM FUND.—^All amounts in the following funds are hereby 
transferred to the Veterans Housing Benefit Program Fund: 
(1) The Direct Loan Revolving Fund, as such fund was 
continued under section 3723 of title 38, United States Code 
(as such section was in effect on the day before the effective 
date of this title). 
(2) The Department of Veterans Affairs Loan Guaranty 
Revolving Fund, as established by section 3724 of such title 
(as such section was in effect on the day before the effective 
date of this title). 
(3) The Guaranty and Indemnity Fund, as established by 
section 3725 of such title (as such section was in effect on 
the day before the effective date of this title). 
(c) REPEAL OF AUTHORITY TO SELL PARTICIPATION CERTIFICATES 
AND OF OBSOLETE REQUIREMENT TO CREDIT PROCEEDS.— 
(1) 
REPEAL 
OF 
AUTHORITY 
TO 
SELL 
PARTICIPATION 
CERTIFICATES.—Section 3720 is amended by striking subsection 
(e). 
(2) 
REPEAL 
OF 
OBSOLETE 
REQUIREMENT 
TO 
CREDIT 
PROCEEDS.—Section 3733 is amended by striking subsection 
(e). 
(d) 
SUBMISSION OF 
SUMMARY FINANCIAL 
STATEMENT ON 
HOUSING PROGRAMS.—Section 3734 is amended by adding at the 
end the following new subsection: 
"(c) The information submitted under subsection (a) shall 
include a statement that summarizes the financial activity of each 
of the housing programs operated under this chapter. The statement 
shall be presented in a form that is simple, concise, and readily 
understandable, and shall not include references to financing 
accounts, liquidating accounts, or program accounts.". 
(e) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENTS TO CHAPTER 37,—Chapter 
37 is amended as follows: 
(A) 
Section 
3703(e)(1) 
is 
amended 
by 
striking 
"3729(c)(1)" and inserting "3729(c)". 
(B) Section 3711(k) is amended by striking "and section 
3723 of this title" both places it appears. 
(C) Section 3727(c) is amended by striking "funds 
established pursuant to sections 3723 and 3724 of this 
title, as applicable" and inserting "fund established pursu-
ant to section 3722 of this title". 
(D) Section 3729 is amended— 
(i) in subsection (c)— 
(I) by striking "(c)(1)" and inserting "(c)"; and 
(II) by striking paragraphs (2) and (3); and 
(ii) in subsection (a)(1), by striking "(c)(1)" and 
inserting "(c)". 
(E) Section 3733(a)(6) is amended by striking "Depart-
ment of Veterans Affairs Loan Guaranty Revolving Fund 
established by section 3724(a)" and inserting 'Veterans 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3347 
Housing Benefit Program Fund established by section 
3722(a)". 
(F) Section 3734, as amended by subsection (d), is 
further amended— 
(i) in subsection (a)— 
(I) by striking "Loan Guaranty Revolving Fund 
and the Guaranty and Indemnity Fund" in para-
graph (1) and inserting "Veterans Housing Benefit 
Program Fund"; and 
(II) by striking "funds," in paragraph (2) and 
inserting "fund,"; 
(ii) in subsection (b), by striking "each fund" in 
the matter preceding paragraph (1) and inserting "the 
fund"; and 
(iii) in subsection (b)(2)— 
(I) by striking subparagraph (B); 
(II) by redesignating subparagraphs (C), (D), 
(E), (F), and (G) as subparagraphs (B), (C), (D), 
(E), and (F), respectively; and 
(III) in subparagraph (B), as so redesignated, 
by striking "subsections (a)(3) and (c)(2) of section 
3729" and inserting "section 3729(a)(3)". 
(G) Section 3735(a)(3)(A)(i) is amended by striking 
"Loan Guaranty Revolving Fund and the Guaranty and 
Indemnity Fund" and inserting "Veterans Housing Benefit 
Program Fund". 
(2) OTHER CONFORMING AMENDMENT.—Section 2106(e) is 
amended by striking ", as appropriate, deposited in either the 
direct loan or loan guaranty revolving fund established by 
section 3723 or 3724 of this title, respectively" and inserting 
"deposited in the Veterans Housing Benefit Program Fund 
established by section 3722 of this title". 
(3) 
TECHNICAL AND 
CLERICAL AMENDMENTS.—(A) 
The 
heading for section 3734 is amended to read as follows: 
'^§3734. Annual submission of information on the Veterans 
Housing Benefit Program Fund and housing pro-
grams". 
(B) The heading for section 3763 is amended to read as 
follows: 
**§3763. Native American Veteran Housing Loan Program 
Account". 
(C) The table of sections at the beginning of chapter 37 
is amended— 
(i) by inserting after the item relating to section 3721 
the following new item: 
"3722. Veterans Housing Benefit Program Fund."; 
(ii) by striking the items relating to sections 3723, 
3724, and 3725; 
(iii) by striking the item relating to section 3734 and 
inserting the following: 
"3734. Annual submission of information on the Veterans Housing Benefit Program 
Fund and housing programs."; 
and 
112 STAT. 3348 
PUBLIC LAW 105-368—NOV. 11, 1998 
(iv) by striking the item relating to section 3763 and 
inserting the following: 
"3763. Native American Veteran Housing Loan Program Account.". 
38 use 2106 
(f) EFFECTIVE DATE.—This title and the amendments made 
note. 
by this title shall take effect on October 1, 1998. 
SEC. 603. EXTENSION OF EUGIBILITY OF MEMBERS OF SELECTED 
RESERVE FOR VETERANS HOUSING LOANS. 
(a) EXTENSION.—Section 3702(a)(2)(E) is amended by striking 
"October 27, 1999," and inserting "September 30, 2003,". 
(b) 
ONE-YEAR 
EXTENSION 
OF 
FEE 
PROVISION.—Section 
3729(a)(4) is amended— 
(1) by striking "With respect to a loan closed after Septem-
ber 30, 1993, and before October 1, 2002," and inserting "(A) 
With respect to a loan closed during the period specified in 
subparagraph (B)"; and 
(2) by adding at the end the following: 
"(B) The specified period for purposes of subparagraph (A) 
is the period beginning on October 1, 1993, and ending on Septem-
ber 30, 2002, except that in the case of a loan described in subpara-
graph (D) of paragraph (2), such period ends on September 30, 
2003.". 
SEC. 604. APPLICABILITY OF PROCUREMENT LAW TO CERTAIN 
CONTRACTS OF DEPARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 3720(b) is amended by striking 
"; however" and all that follows and inserting the following: ", 
except that title III of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251 et seq.) shall apply to any 
contract for services or supplies on account of any property acquired 
pursuant to this section.". 
38 use 3720 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
note. 
shall apply with respect to contracts entered into under section 
3720 of title 38, United States Code, after the end of the 60-
day period beginning on the date of the enactment of this Act. 
TITLE VII—CONSTRUCTION AND 
FACILITIES MATTERS 
SEC. 701. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS. 
(a) IN GENERAL.—^The Secretary of Veterans Affairs may carry 
out the following major medical facility projects, with each project 
to be carried out in the amount specified for that project: 
(1) Alterations and demolition at the Department of Veter-
ans Affairs Medical Center, Long Beach, California, in an 
amount not to exceed $23,200,000. 
(2) Construction and seismic work at the Department of 
Veterans Affairs Medical Center, San Juan, Puerto Rico, in 
an amount not to exceed $50,000,000. 
(3) Outpatient clinic expansion at the Department of Veter-
ans Affairs Medical Center, Washington, D.C., in an amount 
not to exceed $29,700,000. 
(4) Construction of a psychogeriatric care building and 
demolition of a seismically unsafe building at the Department 
of Veterans Affairs Medical Center, Palo Alto, California, in 
an amount not to exceed $22,400,000. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3349 
(5) Construction of an ambulatory care addition and renova-
tions for ambulatory care at the Department of Veterans Affairs 
Medical Center, Cleveland (Wade Park), Ohio, in an amount 
not to exceed $28,300,000, of which $7,500,000 shall be derived 
from funds appropriated for a fiscal year before fiscal year 
1999 that remain available for obligation. 
(6) Construction of an ambulatory care addition at the 
Department of Veterans Affairs Medical Center, Tucson, 
Arizona, in an amount not to exceed $35,000,000. 
(7) Construction of an addition for psychiatric care at the 
Department of Veterans Affairs Medical Center, Dallas, Texas, 
in an amount not to exceed $24,200,000. 
(8) Outpatient clinic projects at Auburn and Merced, 
California, as part of the Northern California Healthcare Sys-
tems Project, in an amount not to exceed $3,000,000, to be 
derived only from funds appropriated for Construction, Major 
Projects, for a fiscal year before fiscal year 1999 that remain 
available for obligation. 
(9) Renovations to a nursing home care unit at the Depart-
ment of Veterans Affairs Medical Center, Lebanon, Pennsyl-
vania, in an amount not to exceed $9,500,000. 
(10) Construction of a spinal cord injury center at the 
Department of Veterans Affairs Medical Center, Tampa, Flor-
ida, in an amount not to exceed $46,300,000, of which 
$20,000,000 shall be derived from funds appropriated for a 
fiscal year before fiscal year 1999 that remain available for 
obligation. 
(b) CONSTRUCTION OF PARKING FACILITY.—The Secretary 
may 
construct a parking structure at the Department of Veterans Affairs 
Medical Center, Denver, Colorado, in an amount not to exceed 
$13,000,000, of which $11,900,000 shall be derived from funds in 
the Parking Revolving Fund. 
SEC. 702. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. 
The Secretary of Veterans Affairs may enter into leases for 
satellite outpatient clinics as follows: 
(1) Baton Rouge, Louisiana, in an amount not to exceed 
$1,800,000. 
(2) Da5^ona Beach, Florida, in an amount not to exceed 
$2,600,000. 
(3) Oakland Park, Florida, in an amount not to exceed 
$4,100,000. 
SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
the Secretary of Veterans Affairs for fiscal year 1999 and for fiscal 
year 2000— 
(1) 
for 
the 
Construction, 
Major 
Projects, 
account 
$241,100,000 for the projects authorized in section 701(a); and 
(2) for the Medical Care account, $8,500,000 for the leases 
authorized in section 702. 
(b) LIMITATION.—(1) The projects authorized in section 701(a) 
may only be carried out using— 
(A) funds appropriated for fiscal year 1999 or fiscal year 
2000 pursuant to the authorization of appropriations in sub-
section (a); 
112 STAT. 3350 
PUBLIC LAW 105-368—NOV. 11, 1998 
(B) funds appropriated for Construction, Major Projects, 
for a fiscal year before fiscal year 1999 that remain available 
for obligation; and 
(C) funds appropriated for Construction, Major Projects, 
for fiscal year 1999 for a category of activity not specific to 
a project. 
(2) The project authorized in section 701(b) may only be carried 
out using funds appropriated for a fiscal year before fiscal year 
1999— 
(A) for the Parking Revolving Fund; or 
(B) for Construction, Major Projects, for a category of 
activity not specific to a project. 
SEC. 704. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY 
LEASES 
FOR 
PURPOSES 
OF 
CONGRESSIONAL 
AUTHORIZATION. 
Section 8104(a)(3)(B) is amended by striking "$300,000" and 
inserting "$600,000". 
SEC. 7
0
5
. 
THRESHOLD FOR TREATMENT OF PARKING FACILITY 
PROJECT 
AS 
A 
MAJOR 
MEDICAL 
FACILITY 
PROJECT. 
Section 8109(i)(2) is amended by striking "$3,000,000" and 
inserting "$4,000,000". 
SEC. 706. PARKING FEES. 
(a) LIMITATION.—^The Secretary of Veterans Affairs may not 
establish or collect any parking fee at any parking facility associated 
with the Spark M. Matsunaga Department of Veterans Affairs 
Medical and Regional Office Center in Honolulu, Hawaii. 
Deadline. 
(b) REPORT.—^Not later than September 15, 1999, the Secretary 
shall submit to the Committees on Veterans' Affairs of the Senate 
and House of Representatives a report regarding the Department's 
experience in exercising and administering the authority of the 
Secretary to charge parking fees under subsections (d) and (e) 
of section 8109 of title 38, United States Code. The report shall 
include— 
(1) the results of a survey which shall describe the parking 
facilities and number of parking spaces available to employees 
of the Department at each medical facility of the Department 
with more than 50 employees; 
(2) an analysis of the means by which the Secretary could 
implement in a cost-effective manner the authority of the Sec-
retary under subsection (e) of section 8109 of title 38, United 
States Code; and 
(3) recommendations for amending section 8109 of such 
title— 
(A) to address the applicability of parking fees to 
employees of the Secretary who are employed at a regional 
office which is co-located with a medical facility; 
(B) to address the applicability of parking fees to per-
sons using parking facilities at Department of Veterans 
Affairs medical centers co-located with facilities of the 
Department of Defense; 
(C) to link any schedule of applicable fees to applicable 
commercial rates; and 
(D) to achieve any other purpose. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3351 
SEC. 707. MASTER PLAN REGARDING USE OF DEPARTMENT OF VETER-
ANS AFFAIRS LANDS AT WEST LOS ANGELES MEDICAL 
CENTER, CALIFORNIA. 
(a) REPORT.—^The Secretary of Veterans Affairs shall submit 
to Congress a report on the master plan of the Department of 
Veterans Affairs relating to the use of Department lands at the 
West Los Angeles Department of Veterans Affairs Medical Center, 
California. 
(b) REPORT ELEMENTS.—^The report under subsection (a) shall 
set forth the following: 
(1) The master plan referred to in that subsection, if such 
a plan currently exists. 
(2) A current assessment of the master plan. 
(3) Any proposal of the Department for a veterans park 
on the lands referred to in subsection (a), and an assessment 
of such proposals. 
(4) Any proposal to use a portion of those lands as dedicated 
green space, and an assessment of such proposals. 
(c) ALTERNATIVE REPORT ELEMENT.—If a master plan referred 
to in subsection (a) does not exist as of the date of the enactment 
of this Act, the Secretary shall set forth in the report under that 
subsection, in lieu of the matters specified in paragraphs (1) and 
(2) of subsection (b), a plan for the development of a master plan 
for the use of the lands referred to in subsection (a) over the 
next 25 years and over the next 50 years. 
SEC. 708. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS 
MEDICAL CENTER, ASPINWALL, PENNSYLVANIA. 
The Department 
of Veterans Affairs 
medical center 
in 
Aspinwall, Pennsylvania, is hereby designated as the "H. John 
Heinz III Department of Veterans Affairs Medical Center". Any 
reference to that medical center in any law, regulation, map, docu-
ment, record, or other paper of the United States shall be considered 
to be a reference to the H. John Heinz III Department of Veterans 
Affairs Medical Center, 
SEC. 709. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS 
MEDICAL CENTER, GAINESVILLE, FLORIDA. 
The Department of Veterans Affairs medical center in Gaines-
ville, Florida, is hereby designated as the "Malcom Randall Depart-
ment of Veterans Affairs Medical Center". Any reference to that 
medical center in any law, regulation, map, document, record, or 
other paper of the United States shall be considered to be a ref-
erence to the Malcom Randall Department of Veterans Affairs Medi-
cal Center. 
SEC. 710. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS 
OUTPATIENT CLINIC, COLUMBUS, OHIO. 
The Department of Veterans Affairs outpatient clinic in Colum-
bus, Ohio, shall after the date of the enactment of this Act be 
known and designated as the "Chalmers P. Wylie Veterans Out-
patient Clinic". Any reference to that outpatient clinic in any law, 
regulation, map, document, record, or other paper of the United 
States shall be considered to be a reference to the Chalmers P. 
Wylie Veterans Outpatient Clinic. 
112 STAT. 3352 
PUBLIC LAW 105-368—NOV. 11, 1998 
Department of 
Veterans Affairs 
Health Care 
Personnel 
Incentive Act of 
1998 
38 u s e 101 note. 
TITLE VIII—HEALTH PROFESSIONALS 
EDUCATIONAL ASSISTANCE 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Department of Veterans Affairs 
Health Care Personnel Incentive Act of 1998". 
SEC. 802. SCHOLARSHIP PROGRAM FOR DEPARTMENT OF VETERANS 
AFFAIRS EMPLOYEES RECEIVING EDUCATION OR TRAIN-
ING IN THE HEALTH PROFESSIONS. 
(a) PROGRAM AUTHORITY.—Chapter 76 is amended by adding 
at the end the following new subchapter: 
"SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP 
PROGRAM 
"§7671. Authority for program 
"As part of the Educational Assistance Program, the Secretary 
may carry out a scholarship program under this subchapter. The 
program shall be known as the Department of Veterans Affairs 
Employee Incentive Scholarship Program (hereafter in this sub-
chapter referred to as the 'Program'). The purpose of the Program 
is to assist, through the establishment of an incentive program 
for individuals employed in the Veterans Health Administration, 
in meeting the staffing needs of the Veterans Health Administration 
for health professional occupations for which recruitment or reten-
tion of qualified personnel is difficult. 
"§7672. Eligibility; agreement 
"(a) ELIGIBILITY.—^To be eligible to participate in the Program, 
an individual must be an eligible Department employee who is 
accepted for enrollment or enrolled (as described in section 7602 
of this title) as a full-time or part-time student in a field of education 
or training described in subsection (c). 
"(b) ELIGIBLE DEPARTMENT EMPLOYEES.—For purposes of sub-
section (a), an eligible Department employee is any employee of 
the Department who, as of the date on which the employee submits 
an application for participation in the Program, has been continu-
ously employed by the Department for not less than 2 years. 
"(c) QUALIFYING FIELDS OF EDUCATION OR TRAINING.—A schol-
arship may be awarded under the Program only for education 
and training in a field leading to appointment or retention in 
a position under section 7401 of this title. 
"(d) 
AWARD 
OF 
SCHOLARSHIPS.—^Notwithstanding 
section 
7603(d) of this title, the Secretary, in selecting participants in 
the Program, may award a scholarship only to applicants who 
have a record of employment with the Veterans Health Administra-
tion which, in the judgment of the Secretary, demonstrates a high 
likelihood that the applicant will be successful in completing such 
education or training and in emplo3mient in such field. 
"(e) AGREEMENT.—(1) An agreement between the Secretary and 
a participant in the Program shall (in addition to the requirements 
set forth in section 7604 of this title) include the following: 
"(A) The Secretary's agreement to provide the participant 
with a scholarship under the Program for a specified number 
(from one to three) of school years during which the participant 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3353 
pursues a course of education or training described in sub-
section (c) that meets the requirements set forth in section 
7602(a) of this title. 
"(B) The participant's agreement to serve as a full-time 
employee in the Veterans Health Administration for a period 
of time (hereafter in this subchapter referred to as the 'period 
of obligated service') determined in accordance with regulations 
prescribed by the Secretary of up to three calendar years for 
each school year or part thereof for which the participant 
was provided a scholarship under the Program, but for not 
less than 3 years. 
"(C) The participant's agreement to serve under subpara-
graph (B) in a Department facility selected by the Secretary. 
"(2) In a case in which an extension is granted under section 
7673(c)(2) of this title, the number of years for which a scholarship 
may be provided under the Program shall be the number of school 
years provided for as a result of the extension. 
"(3) In the case of a participant who is a part-time student, 
the period of obligated service shall be reduced in accordance with 
the proportion that the number of credit hours carried by such 
participant in any such school year bears to the number of credit 
hours required to be carried by a full-time student in the course 
of training being pursued by the participant, but in no event to 
less than 1 year. 
"§7673. Scholarship 
"(a) SCHOLARSHIP.—^A scholarship provided to a participant in 
the Program for a school year shall consist of payment of the 
tuition (or such portion of the tuition as may be provided under 
subsection (b)) of the participant for that school year and payment 
of other reasonable educational expenses (including fees, books, 
and laboratory expenses) for that school year. 
"(b) AMOUNTS.—^The total amount of the scholarship payable 
under subsection (a)— 
"(1) in the case of a participant in the Program who is 
a full-time student, may not exceed $10,000 for any 1 year; 
and 
"(2) in the case of a participant in the Program who is 
a part-time student, shall be the amount specified in paragraph 
(1) reduced in accordance with the proportion that the number 
of credit hours carried by the participant in that school year 
bears to the number of credit hours required to be carried 
by a full-time student in the course of education or training 
being pursued by the participant. 
"(c) LIMITATION ON YEARS OF PAYMENT.—(1) Subject to para-
graph (2), a participant in the Program may not receive a scholar-
ship under subsection (a) for more than three school years. 
"(2) The Secretary may extend the number of school years 
for which a scholarship may be awarded to a participant in the 
Program who is a part-time student to a maximum of six school 
years if the Secretary determines that the extension would be 
in the best interest of the United States. 
"(d) 
PAYMENT OF EDUCATIONAL EXPENSES BY EDUCATIONAL 
INSTITUTIONS.—^The Secretary may arrange with an educational 
institution in which a participant in the Program is enrolled for 
the payment of the educational expenses described in subsection 
112 STAT. 3354 
PUBLIC LAW 105-368—NOV. 11, 1998 
(a). Such payments may be made without regard to subsections 
(a) and (b) of section 3324 of title 31. 
"§ 7674. Obligated service 
"(a) IN GENERAL.—^Each participant in the Program shall pro-
vide service as a full-time employee of the Department for the 
period of obligated service provided in the agreement of the partici-
pant entered into under section 7603 of this title. Such service 
shall be provided in the full-time clinical practice of such partici-
pant's profession or in another health-care position in an assignment 
or location determined by the Secretary. 
"(b) DETERMINATION OF SERVICE COMMENCEMENT DATE.—(1) 
Not later than 60 days before a participant's service commencement 
date, the Secretary shall notify the participant of that service 
commencement date. That date is the date for the beginning of 
the participant's period of obligated service. 
"(2) As soon as possible after a participant's service commence-
ment date, the Secretary shall— 
"(A) in the case of a participant who is not a full-time 
employee in the Veterans Health Administration, appoint the 
participant as such an employee; and 
"(B) in the case of a participant who is an employee in 
the Veterans Health Administration but is not serving in a 
position for which the participant's course of education or train-
ing prepared the participant, assign the participant to such 
a position. 
"(3)(A) In the case of a participant receiving a degree from 
a school of medicine, osteopathy, dentistry, optometry, or podiatry, 
the participant's service commencement date is the date upon which 
the participant becomes licensed to practice medicine, osteopathy, 
dentistry, optometry, or podiatry, as the case may be, in a State. 
"(B) In the case of a participant receiving a degree from a 
school of nursing, the participant's service commencement date 
is the later of— 
"(i) the participant's course completion date; or 
"(ii) the date upon which the participant becomes licensed 
as a registered nurse in a State. 
"(C) In the case of a participant not covered by subparagraph 
(A) or (B), the participant's service commencement date is the 
later of— 
"(i) the participant's course completion date; or 
"(ii) the date the participant meets any applicable licensure 
or certification requirements. 
Regulations. 
"(4) The Secretary shall by regulation prescribe the service 
commencement date for participants who were part-time students. 
Such regulations shall prescribe terms as similar as practicable 
to the terms set forth in paragraph (3). 
"(c) COMMENCEMENT OF OBLIGATED SERVICE.—(1) Except as 
provided in paragraph (2), a participant in the Program shall be 
considered to have begun serving the participant's period of obli-
gated service— 
"(A) on the date, after the participant's course completion 
date, on which the participant (in accordance with subsection 
(b)) is appointed as a full-time employee in the Veterans Health 
Administration; or 
"(B) if the participant is a full-time employee in the 
Veterans Health Administration on such course completion 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3355 
date, on the date thereafter on which the participant is assigned 
to a position for which the participant's course of training 
prepared the participant. 
"(2) A participant in the Program who on the participant's 
course completion date is a full-time employee in the Veterans 
Health Administration serving in a capacity for which the partici-
pant's course of training prepared the participant shall be consid-
ered to have begun serving the participant's period of obligated 
service on such course completion date. 
"(d) COURSE COMPLETION DATE DEFINED.—In this section, the 
term 'course completion date' means the date on which a participant 
in the Program completes the participant's course of education 
or training under the Program. 
"§ 7675. Breach of agreement: liability 
"(a) LIQUIDATED DAMAGES.—^A participant in the Program 
(other than a participant described in subsection (b)) who fails 
to accept payment, or instructs the educational institution in which 
the participant is enrolled not to accept payment, in whole or 
in part, of a scholarship under the agreement entered into under 
section 7603 of this title shall be liable to the United States for 
liquidated damages in the amount of $1,500. Such liability is in 
addition to any period of obligated service or other obligation or 
liability under the agreement. 
"(b) LIABILITY DURING COURSE OF EDUCATION OR TRAINING.— 
(1) Except as provided in subsection (d), a participant in the Pro-
gram shall be liable to the United States for the amount which 
has been paid to or on behalf of the participant under the agreement 
if any of the following occurs: 
"(A) The participant fails to maintain an acceptable level 
of academic standing in the educational institution in which 
the participant is enrolled (as determined by the educational 
institution under regulations prescribed by the Secretary). 
"(B) The participant is dismissed from such educational 
institution for disciplinary reasons. 
"(C) The participant voluntarily terminates the course of 
education or training in such educational institution before 
the completion of such course of education or training. 
"(D) The participant fails to become licensed to practice 
medicine, osteopathy, dentistry, podiatry, or optometry in a 
State, fails to become licensed as a registered nurse in a State, 
or fails to meet any applicable licensure requirement in the 
case of any other health-care personnel who provide either 
direct patient-care services or services incident to direct patient-
care services, during a period of time determined under regula-
tions prescribed by the Secretary. 
"(E) In the case of a participant who is a part-time student, 
the participant fails to maintain employment, while enrolled 
in the course of training being pursued by the participant, 
as a Department employee. 
"(2) Liability under this subsection is in lieu of any service 
obligation arising under a participant's agreement. 
"(c) LIABILITY DURING PERIOD OF OBLIGATED 
SERVICE.—(1) 
Except as provided in subsection (d), if a participant in the Program 
breaches the agreement by failing for any reason to complete such 
participant's period of obligated service, the United States shall 
112 STAT. 3356 
PUBLIC LAW 105-368—NOV. 11, 1998 
be entitled to recover from the participant an amount determined 
in accordance with the following formula: 
t - s 
A=30 
( 
) 
"(2) In such formula: 
"(A) 'A' is the amount the United States is entitled to 
recover. 
"(B)'O'is the sum of— 
"(i) the amounts paid under this subchapter to or on 
behalf of the participant; and 
"(ii) the interest on such amounts which would be 
payable if at the time the amounts were paid they were 
loans bearing interest at the maximum legal prevailing 
rate, as determined by the Treasurer of the United States. 
"(C) 't' is the total number of months in the participant's 
period of obligated service, including any additional period of 
obligated service in accordance with section 7673(c)(2) of this 
title. 
"(D) *s' is the number of months of such period served 
by the participant in accordance with section 7673 of this 
title. 
"(d) LIMITATION ON LIABILITY FOR REDUCTIONS-IN-FORCE.— 
Liability shall not arise under subsection (b)(1)(E) or (c) in the 
case of a participant otherwise covered by the subsection concerned 
if the participant fails to maintain emplo3mient as a Department 
employee due to a staffing adjustment. 
"(e) PERIOD FOR PAYMENT OF DAMAGES.—^Any amount of dam-
ages which the United States is entitled to recover under this 
section shall be paid to the United States within the 1-year period 
beginning on the date of the breach of the agreement. 
"§ 7676. Expiration of program 
"The Secretary may not furnish scholarships to individuals 
who have not commenced participation in the Program before 
December 31, 2001.". 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new items: 
"SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM 
"7671. Authority for program. 
"7672. Eligibility; agreement. 
"7673. Scholarship. 
"7674. Obligated service. 
"7675. Breach of agreement: liability. 
"7676. Expiration of program.". 
SEC. 
803. EDUCATION DEBT 
REDUCTION 
PROGRAM FOR VETERANS 
HEALTH 
ADMINISTRATION 
HEALTH 
PROFESSIONALS. 
(a) PROGRAM AUTHORITY.—Chapter 76 (as amended by section 
802(a)), is further amended by adding after subchapter VI the 
following new subchapter: 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3357 
"SUBCHAPTER VII—EDUCATION DEBT REDUCTION 
PROGRAM 
"§ 7681. Authority for program 
"(a) IN GENERAL.—(1) As part of the Educational Assistance 
Program, the Secretary may carry out an education debt reduction 
program under this subchapter. The program shall be known as 
the Department of Veterans Affairs Education Debt Reduction Pro-
gram (hereafter in this subchapter referred to as the 'Education 
Debt Reduction Program'). 
"(2) The purpose of the Education Debt Reduction Program 
is to assist in the recruitment of qualified health care professionals 
for positions in the Veterans Health Administration for which 
recruitment or retention of an adequate supply of qualified person-
nel is difficult. 
"(b) RELATIONSHIP TO EDUCATIONAL ASSISTANCE PROGRAM.— 
Education debt reduction payments under the Education Debt 
Reduction Program may be in addition to other assistance available 
to individuals under the Educational Assistance Program. 
"§7682. Eligibility 
"(a) ELIGIBILITY.—An individual is eligible to participate in 
the Education Debt Reduction Program if the individual— 
"(1) is a recently appointed employee in the Veterans 
Health Administration serving under an appointment under 
section 7402(b) of this title in a position for which recruitment 
or retention of qualified health-care personnel (as determined 
by the Secretary) is difficult; and 
"(2) owes any amount of principal or interest under a 
loan, the proceeds of which were used by or on behalf of 
that individual to pay costs relating to a course of education 
or training which led to a degree that qualified the individual 
for the position referred to in paragraph (1). 
"(b) COVERED COSTS.—^For purposes of subsection (a)(2), costs 
relating to a course of education or training include— 
"(1) tuition expenses; 
"(2) all other reasonable educational expenses, including 
expenses for fees, books, and laboratory expenses; and 
"(3) reasonable living expenses. 
"(c) RECENTLY APPOINTED INDIVIDUALS.—For purposes of sub-
section (a), an individual shall be considered to be recently 
appointed to a position if the individual has held that position 
for less than 6 months. 
*
*
§ 7683. Education debt reduction 
"(a) IN GENERAL.—^Education debt reduction pa5mients under 
the Education Debt Reduction Program shall consist of payments 
to individuals selected to participate in the program of amounts 
to reimburse such individuals for payments by such individuals 
of principal and interest on loans described in section 7682(a)(2) 
of this title. 
"(b) FREQUENCY OF PAYMENT.—(1) The Secretary may make 
education debt reduction payments to any given participant in 
the Education Debt Reduction Program on a monthly or annual 
basis, as determined by the Secretary. 
"(2) The Secretary shall make such pa5nTients at the end of 
the period determined by the Secretary under paragraph (1). 
112 STAT. 3358 
PUBLIC LAW 105-368—NOV. 11, 1998 
"(c) PERFORMANCE REQUIREMENT.—^The Secretary may make 
education debt reduction payments to a participant in the Education 
Debt Reduction Program for a period only if the Secretary deter-
mines that the individual maintained an acceptable level of perform-
ance in the position or positions served by the participant during 
the period. 
"(d) MAXIMUM ANNUAL AMOUNT.—(1) Subject to paragraph (2), 
the amount of education debt reduction payments made to a partici-
pant for a year under the Education Debt Reduction Program 
may not exceed— 
"(A) $6,000 for the first year of the participant's participa-
tion in the Program; 
"(B) $8,000 for the second year of the participant's partici-
pation in the Program; and 
"(C) $10,000 for the third year of the participant's participa-
tion in the Program. 
"(2) The total amount payable to a participant in such Program 
for any year may not exceed the amount of the principal and 
interest on loans referred to in subsection (a) that is paid by 
the individual during such year. 
"§ 7684. Expiration of program 
"The Secretary may not make education debt reduction pay-
ments to individuals who have not commenced participation in 
the Education Debt Reduction Program before December 31, 2001.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the 
beginning of such chapter (as amended by section 802(b)) is further 
amended by adding at the end the following new items: 
"SUBCHAPTER VII—EDUCATION DEBT REDUCTION PROGRAM 
"7681. Authority for program. 
"7682. Eligibility. 
"7683. Education debt reduction. 
"7684. Expiration of program.". 
SEC. 804. REPEAL OF PROHIBITION ON PAYMENT OF TUITION LOANS. 
Section 523(b) of the Veterans Health Care Act of 1992 (Public 
Law 102-585; 106 Stat. 4959; 38 U.S.C. 7601 note) is repealed. 
SEC. 805. CONFORMING AMENDMENTS. 
Chapter 76 is amended as follows: 
(1) Section 7601(a) is amended— 
(A) by striking "and" at the end of paragraph (2); 
(B) by striking the period at the end of paragraph 
(3) and inserting a semicolon; and 
(C) by adding at the end the following new paragraphs: 
"(4) the employee incentive scholarship program provided 
for in subchapter VI of this chapter; and"; and 
"(5) the education debt reduction program provided for 
in subchapter VII of this chapter.". 
(2) Section 7602 is amended— 
(A) in subsection (a)(1)— 
(i) by striking "subchapter I or H" and inserting 
"subchapter II, III, or VI"; 
(ii) by striking "or for which" and inserting ", for 
which"; and 
(iii) by inserting before the period at the end the 
following: ", or for which a scholarship may be awarded 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3359 
under subchapter VI of this chapter, as the case may 
be"; and 
(B) in subsection (b), by striking "subchapter I or 11" 
and inserting "subchapter II, III, or VI". 
(3) Section 7603 is amended— 
(A) in subsection (a)— 
(i) by striking "To apply to participate in the Edu-
cational Assistance Program," and inserting "(1) To 
apply to participate in the Educational Assistance Pro-
gram under subsection II, III, V, or VI of this chapter,"; 
and 
(ii) by adding at the end the following: 
"(2) To apply to participate in the Educational Assistance Pro-
gram under subchapter VII of this chapter, an individual shall 
submit to the Secretary an application for such participation."; 
and 
(B) in subsection (b)(1), by inserting "(if required)" 
before the period at the end. 
(4) Section 7604 is amended by striking "subchapter II, 
III, or V in paragraphs (1)(A), (2)(D), and (5) and inserting 
"subchapter II, III, V, or VI". 
(5) Section 7632 is amended— 
(A) in paragraph (1)— 
(i) by striking "and the Tuition Reimbursement 
Program" and inserting ", the Tuition Reimbursement 
Program, the Employee Incentive Scholarship Pro-
gram, and the Education Debt Reduction Program"; 
and 
(ii) by inserting "(if any)" after "number of 
students"; 
(B) in paragraph (2), by inserting "(if any)" after 
"education institutions"; and 
(C) in paragraph (4)— 
(i) by striking "and per participant" and inserting 
", per participant"; and 
(ii) by inserting ", per participant in the Employee 
Incentive Scholarship Program, and per participant 
in the Education Debt Reduction Program" before the 
period at the end. 
(6) Section 7636 is amended by striking "or a stipend" 
and inserting "a stipend, or education debt reduction". 
SEC. 806. COORDINATION WITH APPROPRIATIONS PROVISION. 
This title shall be considered to be the authorizing legislation 
referred to in the third proviso under the heading "VETERANS 
HEALTH ADMINISTRATION—^MEDICAL CARE" in title I of the Depart-
ments of Veterans Affairs and Housing and Urban Development, 
and Independent Agencies Appropriations Act, 1999, and the ref-
erence in that proviso to the "Primary Care Providers Incentive 
Act" shall be treated as referring to this title. 
112 STAT. 3360 
PUBLIC LAW 105-368—NOV. 11, 1998 
TITLE IX—MISCELLANEOUS MEDICAL 
CARE AND MEDICAL ADMINISTRA-
TION PROVISIONS 
SEC. 901. EXAMINATIONS AND CARE ASSOCIATED WITH CERTAIN 
RADIATION TREATMENT. 
(a) IN GENERAL.—Chapter 17 is amended by inserting after 
section 1720D the following new section: 
"§ 1720E. Nasopharyngeal radium irradiation 
"(a) The Secretary may provide any veteran a medical examina-
tion, and hospital care, medical services, and nursing home care, 
which the Secretary determines is needed for the treatment of 
any cancer of the head or neck which the Secretary finds may 
be associated with the veteran's receipt of nasopharyngeal radium 
irradiation treatments in active military, naval, or air service. 
"(b) The Secretary shall provide care and services to a veteran 
under subsection (a) only on the basis of evidence in the service 
records of the veteran which document nasopharyngeal radium 
irradiation treatment in service, except that, notwithstanding the 
absence of such documentation, the Secretary may provide such 
care to a veteran who— 
"(1) served as an aviator in the active military, naval, 
or air service before the end of the Korean conflict; or 
"(2) underwent submarine training in active naval service 
before January 1, 1965.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 1720D the following new item: 
"1720E. NasopharjTigeal radium irradiation.". 
SEC. 902. EXTENSION OF AUTHORITY TO COUNSEL AND TREAT VETER-
ANS FOR SEXUAL TRAUMA. 
Section 1720D(a) is amended by striking "December 31, 1998" 
in paragraphs (1) and (3) and inserting "December 31, 2001". 
SEC. 903. MANAGEMENT OF SPECIALIZED TREATMENT AND REHABILI-
TATIVE PROGRAMS. 
(a) STANDARDS OF JOB PERFORMANCE.—Section 1706(b) is 
amended— 
(1) in paragraph (2), by striking "April 1, 1997, April 1, 
1998, and April 1, 1999" and inserting "April 1, 1999, April 
1, 2000, and April 1, 2001"; and 
(2) by adding at the end the following new paragraph: 
"(3)(A) To ensure compliance with paragraph (1), the Under 
Secretary for Health shall prescribe objective standards of job 
performance for employees in positions described in subparagraph 
(B) with respect to the job performance of those employees in 
carrying out the requirements of paragraph (1). Those job perform-
ance standards shall include measures of workload, allocation of 
resources, and quality-of-care indicators. 
"(B) Positions described in this subparagraph are positions 
in the Veterans Health Administration that have responsibility 
for allocating and managing resources applicable to the require-
ments of paragraph (1). 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3361 
"(C) The Under Secretary shall develop the job performance 
standards under subparagraph (A) in consultation with the Advisory 
Committee on Prosthetics and Special Disabilities Programs and 
the Committee on Care of Severely Chronically Mentally 111 Veter-
ans. . 
(b) DEADLINE FOR PRESCRmiNG STANDARDS.—^The standards 
38usci706 
of job performance required by paragraph (3) of section 1706(b) ^°^-
of title 38, United States Code, as added by subsection (a), shall 
be prescribed not later than Janusiry 1, 1999. 
SEC. 904. AUTHORITY TO USE FOR OPERATING EXPENSES OF DEPART-
MENT OF VETERANS AFFAIRS MEDICAL FACILITIES 
AMOUNTS AVAILABLE BY REASON OF THE LIMITATION 
ON PENSION FOR VETERANS RECEIVING NURSING HOME 
CARE. 
(a) IN GENERAL.—Section 5503(a)(1)(B) is amended by striking 
"Effective through September 30, 1997, any' in the second: sentence 
and inserting " ^ y . 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 38 use 5503 
shall take effect as of October 1, 1997. 
note. 
SEC. 905. REPORT ON NURSE LOCALITY PAY. 
Deadlines. 
^8 ITSf" 74*51 
(a) REPORT REQUIRED.—(1) Not later than February 1, 1999, note. 
the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and the House of Representatives 
a report assessing the system of locality-based pay for nurses estab-
lished under the Department of Veterans Affairs Nurse Pay Act 
of 1990 (Pubhc Law 101-366) and now set forth in section 7451 
of title 38, United States Code. 
(2) The Secretary shall submit with the report under paragraph 
(1) a copy of the report on the locaUty pay system prepared by 
the contractor pursuant to a contract with Systems Flow, Inc., 
that was entered into on May 22, 1998. 
(b) MATTERS TO B E iNCLUDED.^The report of the Secretary 
under subsection (a)(1) shall include the following: 
(1) An assessment of the effects of the locality-based pay 
system, including information, shown by faciUty and grade 
level, regarding the frequency and percentage increases, if any, 
in the rate of basic pay under that system of nurses employed 
in the Veterans Health Administration. 
(2) An assessment of the manner in which that system 
is being applied. 
(3) Plans and recommendations of the Secretary for 
administrative and legislative improvements or revisions to 
the locality pay system. 
(4) An explanation of the reasons for any decision not 
to adopt any recommendation in the report referred to in sub-
section (a)(2). 
(c) UPDATED REPORT.—Not later than February 1, 2000, the 
Secretanr shall submit to the Committees on Veterans' Affairs 
of the Senate and House of Representatives a report updating 
the report submitted under subsection (a)(1). 
SEC. 906. ANNUAL REPORT ON PROGRAM AND EXPENDITURES OF 
DEPARTMENT OF VETERANS AFFAIRS FOR DOMESTIC 
RESPONSE TO WEAPONS OF MASS DESTRUCTION. 
(a) IN GENERAL.—Subchapter II of chapter 5 is amended by 
adding at the end the following new section: 
112 STAT. 3362 
PUBLIC LAW 105-368—NOV. 11, 1998 
"§530. Annual report on program and expenditures for 
domestic response to weapons of mass destruc-
tion 
"(a) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives an annual 
report, to be submitted each year at the time that the President 
submits the budget for the next fiscal year under section 1105 
of title 31, on the activities of the Department relating to prepara-
tion for, and participation in, a domestic medical response to an 
attack involving weapons of mass destruction. 
"(b) Each report under subsection (a) shall include the following: 
"(1) A statement of the amounts of funds and the level 
of personnel resources (stated in terms of full-time equivalent 
employees) expected to be used by the Department during 
the next fiscal year in preparation for a domestic medical 
response to an attack involving weapons of mass destruction, 
including the anticipated source of those funds and any antici-
pated shortfalls in funds or personnel resources to achieve 
the tasks assigned the Department by the President in connec-
tion with preparation for such a response. 
"(2) A detailed statement of the funds expended and person-
nel resources (stated in terms of full-time equivalent employees) 
used during the fiscal year preceding the fiscal year during 
which the report is submitted in preparation for a domestic 
medical response to an attack involving weapons of mass 
destruction or in response to such an attack, including identi-
fication of the source of those funds and a description of how 
those funds were expended. 
"(3) A detailed statement of the funds expended and 
expected to be expended, and the personnel resources (stated 
in terms of full-time equivalent employees) used and expected 
to be used, during the fiscal year during which the report 
is submitted in preparation for a domestic medical response 
to an attack involving weapons of mass destruction or in 
response to such an attack, including identification of the source 
of funds expended and a description of how those funds were 
expended. 
Expiration date. 
"(c) This section shall expire on January 1, 2009.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 529 the following new item: 
"530. Annual report on program and expenditures for domestic response to weapons 
of mass destruction.". 
SEC. 907. mXERIM APPOINTMENT OF UNDER SECRETARY FOR 
HEALTH. 
The President may appoint to the position of Under Secretary 
for Health of the Department of Veterans Affairs, for service 
through June 30, 1999, the individual whose appointment to that 
position under section 305 of title 38, United States Code, expired 
on September 28, 1998. 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3363 
TITLE X—OTHER MATTERS 
SEC. 1001. REQUIREMENT FOR NAMING OF DEPARTMENT PROPERTY. 
(a) IN GENERAL.—(1) Subchapter II of chapter 5, as amended 
by section 906(a), is further amended by adding at the end the 
following new section: 
**§531. Requirement 
relating to naming of 
Department 
property 
"Except as expressly provided by law, a facility, structure, 
or real property of the Department, and a major portion (such 
as a wing or floor) of any such facility, structure, or real property, 
may be named only for the geographic area in which the facility, 
structure, or real property is located.". 
(2) The table of sections at the beginning of such chapter 
is amended by inserting after the item relating to section 530, 
as added by section 906(b), the following new item: 
"531. Requirement relating to naming of Department property.". 
(b) EFFECTIVE DATE.—Section 531 of title 38, United States 
38 use 531 note. 
Code, as added by subsection (a)(1), shall apply with respect to 
the assignment or designation of the name of a facility, structure, 
or real property of the Department of Veterans Affairs (or of a 
major portion thereof) after the date of the enactment of this 
Act. 
SEC. 1002. MEMBERS OF THE BOARD OF VETERANS' APPEALS. 
(a) REQUIREMENT FOR BOARD MEMBERS TO B E ATTORNEYS.— 
Section 7101A(a) is amended— 
(1) by inserting "(1)" after "(a)"; and 
(2) by adding at the end the following new paragraph: 
"(2) Each member of the Board shall be a member in good 
standing of the bar of a State.". 
(b) EMPLOYMENT REVERSION RIGHTS.—^Paragraph (2) of section 
7101A(d) is amended to read as follows: 
"(2)(A) Upon removal from the Board under paragraph (1) 
of a member of the Board who before appointment to the Board 
served as an attorney in the civil service, the Secretary shall appoint 
that member to an attorney position at the Board, if the removed 
member so requests. If the removed member served in an attorney 
position at the Board immediately before appointment to the Board, 
appointment to an attorney position under this paragraph shall 
be in the grade and step held by the removed member immediately 
before such appointment to the Board. 
"(B) The Secretary is not required to make an appointment 
to an attorney position under this paragraph if the Secretary deter-
mines that the member of the Board removed under paragraph 
(1) is not qualified for the position.". 
SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS 
BY BOARD OF VETERANS' APPEALS. 
(a) FLEXIBILITY IN ORDER OF CONSIDERATION AND DETERMINA-
TION.—Subsection (a) of section 7107 is amended— 
(1) in paragraph (1), by inserting "in paragraphs (2) and 
(3) and" after "Except as provided"; 
112 STAT. 3364 
PUBLIC LAW 105-368—NOV. 11, 1998 
(2) in paragraph (2), by striking the second sentence and 
inserting the following: "Any such motion shall set forth suc-
cinctly the grounds upon which the motion is based. Such 
a motion may be granted only— 
"(A) if the case involves interpretation of law of general 
application affecting other claims; 
"(B) if the appellant is seriously ill or is under severe 
financial hardship; or 
"(C) for other sufficient cause shown."; and 
(3) by adding at the end the following new paragraph: 
"(3) A case referred to in paragraph (1) may be postponed 
for later consideration and determination if such postponement 
is necessary to afford the appellant a hearing.". 
(b) SCHEDULING OF FIELD HEARINGS.—Subsection (d) of such 
section is amended— 
(1) in paragraph (2), by striking "in the order" and all 
that follows through the end and inserting "in accordance with 
the place of the case on the docket under subsection (a) relative 
to other cases on the docket for which hearings are scheduled 
to be held within that area."; and 
(2) by striking paragraph (3) and inserting the following 
new paragraph (3): 
"(3) A hearing to be held within an area served by a regional 
office of the Department may, for cause shown, be advanced on 
motion for an earlier hearing. Any such motion shall set forth 
succinctly the grounds upon which the motion is based. Such a 
motion may be granted only— 
"(A) if the case involves interpretation of law of general 
application affecting other claims; 
"(B) if the appellant is seriously ill or is under severe 
financial hardship; or 
"(C) for other sufficient cause shown.". 
SEC. 1004. DISABLED VETERANS OUTREACH PROGRAM SPECIAUSTS. 
(a) IN GENERAL.—Section 4103A(a)(l) is amended— 
(1) in the first sentence, by striking "for each 6,900 veterans 
residing in such State" through the period and inserting "for 
each 7,400 veterans who are between the ages of 20 and 64 
residing in such State."; 
(2) in the third sentence, by striking "of the Vietnam era"; 
and 
(3) by striking the fourth sentence. 
38USC4103A 
(b) EFFECTIVE DATE.—^^he amendments made by this section 
°ote. 
shall apply with respect to appointments of disabled veterans' out-
reach program specialists under section 4103A of title 38, United 
States Code, on or after the date of the enactment of this Act. 
SEC. 1005. TECHNICAL AMENDMENTS. 
(a) SECTION REDESIGNATION.—Section 1103, as added by section 
8031(a) of the Veterans Reconciliation Act of 1997 (title VIII of 
Public Law 105-33), is redesignated as section 1104, and the item 
relating to that section in the table of sections at the beginning 
of chapter 11 is revised to reflect that redesignation. 
(b) OTHER AMENDMENTS TO TITLE 38, UNITED STATES CODE.— 
(1) Section 712(a) is amended by striking "the date of 
enactment of this section" and inserting "November 2, 1994,". 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3365 
(2) Section 1706(b)(1) is amended by striking "the date 
of the enactment of this section" at the end of the first sentence 
and inserting "October 9, 1996". 
(3) Section 1710(e)(2)(A)(ii) is amended by striking "section 
2" and inserting "section 3". 
(4) Section 1803(c)(2) is amended by striking "who furnishes 
health care that the Secretary determines authorized" and 
inserting "furnishing health care services that the Secretary 
determines are authorized". 
(5) Section 2408(d)(1) is amended— 
(A) by striking "the date of the enactment of this 
subsection" and inserting "November 21, 1997,"; and 
(B) by striking "on the condition described in" and 
inserting "subject to the condition specified in". 
(6) Section 3018B(a)(2)(E) is amended by striking "before 
the one-year period beginning on the date of the enactment 
of this section," and inserting "before October 23, 1993,". 
(7) Section 3231(a)(2) is amended by striking "subsection 
(f)" and inserting "subsection (e)". 
(8) Section 3674A(b)(l) is amended by striking "after the 
18-month period beginning on the date of the enactment of 
this section". 
(9) Section 3680A(d)(2)(C) is amended by striking "section". 
(10) Section 3714(f)(1)(B) is amended by striking "more 
than 45 days after the date of the enactment of the Veterans' 
Benefits and Programs Improvement Act of 1988" and inserting 
"after January 1, 1989". 
(11) Section 3727(a) is amended by striking "the date of 
enactment of this section" and inserting "May 7, 1968". 
(12) Section 3730(a) is amended by striking "Within" and 
all that follows through "steps to" and inserting 'The Secretary 
shall". 
(13) Section 4102A(e)(l) is amended by striking the second 
sentence and inserting the following: "A person may not be 
assigned after October 9, 1996, as such a Regional Adminis-
trator unless the person is a veteran.". 
(14) Section 4110A is amended— 
(A) by striking subsection (b); and 
(B) by redesignating paragraph (3) of subsection (a) 
as subsection (b) and striMng "paragraph (1)" therein and 
inserting "subsection (a)". 
(15) Section 5303A(d) is amended— 
(A) in paragraph (2)(B), by striking "on or after the 
date of the enactment of this subsection" and inserting 
"after October 13, 1982,"; and 
(B) in paragraph (3)(B)(i), by striking "on or after the 
date of the enactment of this subsection," and inserting 
"after October 13, 1982,". 
(16) Section 5313(d)(1) is amended by striking "the date 
of the enactment of this section," and inserting "October 7, 
1980,". 
(17) Section 5315(b)(1) is amended by striking "the date 
of the enactment of this section," and inserting "October 17, 
1980,". 
(18) Section 8107(b)(3)(E) is amended by striking "section 
7305" and inserting "section 7306(f)(1)(A)". 
112 STAT. 3366 
PUBLIC LAW 105-368—NOV. 11, 1998 
(c) PUBLIC LAW 104-275.—The Veterans' Benefits Improve-
ments Act of 1996 (Public Law 104—275) is amended as follows: 
(1) Section 303(b) (110 Stat. 3332; 38 U.S.C. 4104 note) 
is amended by striking "sections 4104(b)(1) and (c)" and insert-
ing "subsections (b)(1) and (c) of section 4104". 
(2) Section 705(e) (110 Stat. 3350; 38 U.S.C. 545 note) 
is amended by striking "section 5316" and inserting "section 
5315". 
TITLE XI—COMPENSATION COST-OF-
LIVING ADJUSTMENT 
38 use 1114 
SEC. 1101. INCREASE IN RATES OF DISABILITY COMPENSATION AND 
note. 
DEPENDENCY AND INDEMNITY COMPENSATION. 
(a) RATE ADJUSTMENT.—^The Secretary of Veterans Affairs shall, 
effective on December 1, 1998, increase the dollar amounts in 
effect for the payment of disability compensation and dependency 
and indemnity compensation by the Secretary, as specified in sub-
section (b). 
(b) AMOUNTS TO BE INCREASED.—^The dollar amounts to be 
increased pursuant to subsection (a) are the following: 
(1) COMPENSATION.—^Each of the dollar amounts in effect 
under section 1114 of title 38, United States Code. 
(2) ADDITIONAL COMPENSATION FOR DEPENDENTS.—^Each of 
the dollar amounts in effect under section 1115(1) of such 
title. 
(3) CLOTHING ALLOWANCE.—^The dollar amount in effect 
under section 1162 of such title. 
(4) NEW DIG RATES.—^The dollar amounts in effect under 
paragraphs (1) and (2) of section 1311(a) of such title. 
(5) OLD DIG RATES.—Each of the dollar amounts in effect 
under section 1311(a)(3) of such title. 
(6) ADDITIONAL DIG FOR SURVIVING SPOUSES WITH MINOR 
CHILDREN.—^The dollar amount in effect under section 1311(b) 
of such title. 
(7) ADDITIONAL DIG FOR DISABILITY.—^The dollar amounts 
in effect under sections 1311(c) and 1311(d) of such title. 
(8) Die FOR DEPENDENT CHILDREN.—The dollar amounts 
in effect under sections 1313(a) and 1314 of such title. 
(c) DETERMINATION OF INCREASE.—(1) The increase under 
subsection (a) shall be made in the dollar amounts specified in 
subsection (b) as in effect on November 30, 1998. 
(2) Except as provided in paragraph (3), each such amount 
shall be increased by the same percentage as the percentage by 
which benefit amounts payable under title II of the Social Security 
Act (42 U.S.C. 401 et seq.) are increased effective December 1, 
1998, as a result of a determination under section 215(i) of such 
Act (42 U.S.C. 415(i)). 
(3) Each dollar amount increased pursuant to paragraph (2) 
shall, if not a whole dollar amount, be rounded down to the next 
lower whole dollar amount. 
(d) SPECIAL RULE.—^The Secretary may adjust administratively, 
consistent with the increases made under subsection (a), the rates 
of disability compensation payable to persons within the purview 
of section 10 of Public Law 85-857 (72 Stat. 1263) who are not 
PUBLIC LAW 105-368—NOV. 11, 1998 
112 STAT. 3367 
in receipt of compensation payable pursuant to chapter 11 of title 
38, United States Code. 
SEC. 1102. PUBLICATION OF ADJUSTED RATES. 
Federal Register, 
At the same time as the matters specified in section 215(i)(2)(D) ssusc m4 
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required note. 
to be published by reason of a determination made under section 
215(i) of such Act during fiscal year 1998, the Secretary of Veterans 
Affairs shall publish in the Federal Register the amounts specified 
in subsection (b) of section 1101, as increased pursuant to that 
section. 
Approved November 11, 1998. 
LEGISLATIVE fflSTORY—H.R. 4110 (S. 2273): 
HOUSE REPORTS: No. 10&-627 (Comm. on Veterans' Affairs). 
SENATE REPORTS: No. 105-341 accompanying S. 2273 (Comm. on Veterans' Af-
fairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
Aug. 3, considered and passed House. 
Sept. 30, considered and passed Senate, amended, in lieu of S. 2273. 
Oct. 10, House concurred in Senate amendment with amendments. 
Oct. 21, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Nov. 11, Presidential statement. 
59-194 O - 98 - 20: QL 3 Part 5