Veterans' Benefits Programs Improvement Act of 1991
PL 102-86 (H.R.1047), enacted 08/14/1991

105 STAT. 414 
PUBLIC LAW 102-86—AUG. 14, 1991 
Aug. 14, 1991 
[H.R. 1047] 
Veterans' 
Benefits 
Programs 
Improvement 
Act of 1991. 
38 use 101 note. 
Public Law 102-86 
102d Congress 
ain' 
An Act 
To amend title 38, United States Ckxie, to make miscellaneous improvements in 
veterans' compensation, pension, life insurance, health-care, and facilities manage-
ment programs; and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
CODE. 
(a) SHORT TITLE.—This Act may be cited as the "Veterans' Bene-
fits ProgTEims Improvement Act of 1991". 
(b) REFERENCES TO TITLE 38.—Except as otherwise expressly pro-
vided, 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. 
(c) EXECUTION OF AMENDMENTS.—References in this Act to a 
section or other provision of title 38, United States Code, refer to 
that section or other provision as in effect before the redesignations 
made by section 5 of the Department of Veterans Affairs Codifica-
tion Act. 
TITLE I—COMPENSATION AND PENSION 
PROGRAMS 
38 use 5503 
note. 
38 use 1315. 
38 use 1155. 
SEC. 101, PENSION BENEFITS FOR INSTITUTIONALIZED VETERANS. 
(a) TECHNICAL CORRECTION.—Section 5503(aXlXC) is amended by 
striking out "$60" and inserting in lieu thereof "$90". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect as if contained in section 111 of the Veterans' 
Benefits Amendments of 1989 (Public Law 101-237; 103 Stat. 2064). 
SEC. 
1
0
2
. 
FREQUENCY 
OF 
PAYMENT 
OF 
PARENTS' 
DIC. 
Subsection (a) of section 415 is amended to read as follows: 
"(aXl) Except as provided in paragraph (2), dependency and 
indemnity compensation shall be paid monthly to parents of a 
deceased veteran in the amounts prescribed by this section. 
"(2) Under regulations prescribed by the Secretary, benefits under 
this section may be paid less frequently than monthly if the amount 
of the annual benefit is less than 4 percent of the msiximum annual 
rate payable under this section.". 
SEC. 103. PRESERVATION OF RATINGS WHEN CHANGES MADE IN RATING 
SCHEDULES. 
(a) IN GENERAL.—Section 355 is amended by adding at the end the 
following: "However, in no event shall such a readjustment in the 
rating schedule cause a veteran's disability rating in effect on the 
PUBLIC LAW 102-86—AUG. 14, 1991 
105 STAT. 415 
effective date of the readjustment to be reduced unless an improve-
ment in the veteran's disability is shown to have occurred.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 38 use 1155 
shall apply with regard to changes in rating schedules that take "**'*• 
effect after the date of the enactment of this Act. 
SEC. 104. PRESUMPTIVE PERIOD FOR OCCURRENCE OF LEUKEMIA IN 
VETERANS EXPOSED TO RADIATION. 
(a) CHANGE IN PRESUMPTIVE PERIOD.—Section 312(cX3) is amended 
38 USC1112. 
by striking out ", except that" and all that follows through "leuke-
mia)". 
(b) EFFECTIVE DATE.—No benefit may be paid by reason of the 38 USC 1112 
amendment made by subsection (a) for any period before the date of "°*®-
the enactment of this Act. 
SEC. 105. PRESUMPTION OF SERVICE-CONNECTION FOR CERTAIN RADI-
ATION-EXPOSED RESERVISTS. 
Section 312(c) is amended— 
38 USC 1112. 
(1) in paragraph (1)— 
(A) by striking out "during the veteran's service on active 
duty" and inserting in lieu thereof "during active miUtary, 
naval, or air service"; and 
(B) by striking out "during the period" and inserting in 
lieu thereof "during a period ; and 
(2) in paragraph (4XA)— 
(A) by inserting "(i)" eifter "means"; and 
(B) by inserting before the period at the end the following: 
", or (ii) an individual who, while a member of a reserve 
component of the Armed Forces, participated in a radi-
ation-risk activity during a period of active duty for train-
ing or inactive duty training^". 
TITLE II—LIFE INSURANCE PROGRAMS 
SEC. 201. NATIONAL SERVICE LIFE INSURANCE PROGRAM. 
(a) EXTENSION.—Subsections (a) and (bXD of section 722 are 38 USC 1922. 
amended— 
(1) by striking out "one year" each place it appears and 
inserting in lieu thereof "two years"; and 
(2) by striking out "one-year" each place it appears and 
inserting in lieu thereof "two-year". 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 38 USC 1922 
shall apply with respect to any person who, on or after September 1, "°*®-
1991, is found by the Secretary of Veterans Affairs to be eligible for 
insurance under section 722 of title 38, United States Code. 
SEC. 202. PAYMENT OF SERVICE DISABLED VETERANS' INSURANCE IN 
LUMP SUM. 
(a) PAYMENT IN LUMP SUM.—Section 722(b) is amended— 
38 USC 1922. 
(1) by striking out paragraph (4) and inserting in lieu thereof 
the following: 
"(4) Notwithstanding the provisions of section 717 of this title, 
insurance under this subsection shall be payable to the beneficiary 
determined under paragraph (2) of this subsection in a lump sum.'; 
and 
(2) by striking out paragraph (5). 
105 STAT. 416 
PUBLIC LAW 102-86—AUG. 14, 1991 
38 use 1922 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
"*'*®' 
shall apply with respect to deaths occurring before, on, or after the 
date of the enactment of this Act. In the case of insurance under 
section 722(b) of title 38, United States Code, payable by reason of a 
death before the date of the enactment of this Act, the Secretary 
shall pay the remaining balance of such insurance in a lump sum as 
soon as practicable al^r the date of the enactment of this Act. 
SEC. 203. OPEN SEASON FOR USE OF DIVIDENDS TO PURCHASE ADDI-
TIONAL INSURANCE. 
38 use 1907. 
Section 707(c) is amended— 
(1) by striking out "before February 1, 1973" in the second 
sentence and inserting in lieu thereof "during the one-year 
period beginning September 1,1991"; and 
(2) by inserting after the second sentence the following new 
sentences: "After September 1, 1992, the Secretary may, from 
time to time, provide for further one-year periods during which 
' '''' ,. 
insureds may purchase additional paid up insurance from exist-
^ ing dividend credits and deposits. Any such period for the 
" ^ 
purchase of additional psiid up insurance may be allowed only if 
the Secretary determines in the case of any such period that it 
' 
would be actuarially and administratively sound to do so.". 
TITLE III—HEALTH-RELATED 
PROVISIONS 
SEC. 301. ELIGIBILITY FOR OUTPATIENT DENTAL CARE. 
38 use 1712. 
Paragraph (1) of section 612(b) is amended— 
(1) by striking out "or" at the end of subparagraph (F); 
(2) by striking out the period at the end of subparagraph (G) 
and inserting in lieu thereof "; or"; and 
(3) by adding after subparagraph (G) the following new 
subparagraph: 
"(H) the treatment of which is medically necessary (i) in 
•f preparation for hospital admission, or (ii) for a veteran other-
wise receiving care or services under this chapter.", 
SEC. 302. REQUIREMENT FOR SECOND OPINION FOR FEE-BASIS OUT-
PATIENT DENTAL CARE REIMBURSEMENT. 
38 use 1712. 
Section 612(bX3) is amended by striking out "$500" and inserting 
m lieu thereof "$1,000". 
SEC. 303. EXTENSION OF CONTRACT AUTHORITY FOR ALCOHOL OR DRUG 
ABUSE TREATMENT. 
38 use 1720A. 
Section 620A(e) is amended by striking out "September 30, 1991" 
and inserting in lieu thereof "December 31,1994". 
i 
' 
SEC. 304. EXTENSION OF AUTHORITY TO MAKE CONTRACTS TO THE VET-
ERANS MEMORIAL MEDICAL CENTER, REPUBLIC OF THE 
PHILIPPINES. 
38 use 1732. 
(a) EXTENSION.—Section 632(a) is amended by striking out "1990" 
and inserting in lieu thereof "1992". 
38 use 1732 
(b) RATIFICATION.—Any actions by the Secretary of Veterans 
^°*^- 
Affairs in carrjdng out the provisions of section 632 of title 38, 
. 
United States Code, by contract or otherwise, during the period 
PUBLIC LAW 102-86—AUG. 14, 1991 
105 STAT. 417 
beginning on October 1, 1990, and ending on the date of the enact-
ment of this Act are hereby ratified. 
SEC. 305. EDUCATIONAL AND LICENSURE REQUIREMENTS FOR SOCIAL 
WORKERS. 
(a) SOCIAL WORKER LICENSURE REQUIREMENT.—Section 7402(b) is 
£imended— 
(1) by redesignating paragraph (9) as paragraph (10); and 
(2) by inserting after paragraph (8) the following new para-
graph (9): 
"(9) SOCIAL WORKER.—To be eligible to be appointed to a social 
worker position, a person must hold a master's degree in social work 
from a college or university approved by the Secretary and satisfy 
the social worker licensure, certification, or registration require-
ments, if any, of the State in which the social worker is to be 
employed, except that the Secretary may waive the licensure, cer-
tification, or registration requirement of this paragraph for an 
individual social worker for a reasonable period, not to exceed 3 
years, in order for the social worker to take any actions necessary to 
satisfy the licensure, certification, or registration requirements of 
such State.". 
(b) EXEMPTION.—The amendment made by subsection (a) does not 38 use 7402 
apply to any person employed as a social worker by the Department "°*®-
of Veterans Affairs on or before the date of the enactment of this 
Act. 
TITLE IV—REAL PROPERTY AND 
FACILITIES 
SEC. 401. ENHANCED-USE LEASES AND SPECIAL DISPOSITION OF PROP-
ERTY. 
(a) AMENDMENT TO CHAPTER 81.—Chapter 81 is amended by 
adding at the end the following new subchapter: 
"SUBCHAPTER V—ENHANCED-USE LEASES OF REAL 
PROPERTY 
"§ 8161. Definitions 
"For the purposes of this subchapter: 
"(1) The term 'enhanced-use lease' means a written lease 
entered into by the Secretary under this subchapter. 
"(2) The term 'congressional veterans' affairs committees' 
means the Committees on Veterans' Affairs of the Senate and 
the House of Representatives. 
"§ 8162. Enhanced-use leases 
"(aXl) The Secretary may in accordance with this subchapter 
enter into leases with respect to real property that is under the 
jurisdiction or control of the Secretary. Any such lease under this 
subchapter may be referred to as an 'enhanced-use lease'. The 
Secretary may dispose of any such property that is leased to another 
party under this subchapter in accordance with section 8164 of this 
title. The Secretary may exercise the authority provided by this 
subchapter notwithstanding section 8122 of this title, section 321 of 
the Act of June 30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the 
105 STAT. 418 
PUBLIC LAW 102-86—AUG. 14, 1991 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
483, 484), or any other provision of law (other than Federal laws 
relating to environmental and historic preservation) inconsistent 
with this section. The applicability of this subchapter to section 
421(b) of the Veterans' Benefits and Services Act of 1988 (Public Law 
100-322; 102 Stat. 553) is covered by subsection (c). 
"(2) The Secretary may enter into an enhanced-use lease only if 
the Secretary determines that— 
"(A) at least part of the use of the property under the lease 
will be to provide appropriate space for an activity contributing 
to the mission of the Department; 
"(B) the lease will not be inconsistent with and will not 
adversely affect the mission of the Department; and 
"(C) the lease will enhance the use of the property. 
"(3) The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et 
seq.), shall not, by reason of this section, become inapplicable to 
property that is leased to another party under an enhanced-use 
lease. 
"(4) A property that is leased to another party under an enhanced-
use le£ise may not be considered to be unutilized or underutilized for 
purposes of section 501 of the Stewart B. McKinney Homeless 
Assistance Act (42 U.S.C. 11411). 
"(bXD If the Secretary has determined that a property should be 
leased to einother party through an enhanced-use lease, the Sec-
retary shall select the party with whom the lease will be entered 
into using selection procedures determined by the Secretary that 
ensure the integrity of the selection process. 
"(2) The term of an enhanced-use lease may not exceed— 
"(A) 35 years, in the case of a lease involving the construction 
of a new building or the substantial rehabilitation of an existing 
building, £
U
3 determined by the Secretary; or 
"(B) 20 years, in the case of a lease not described in subpara-
graph (A). 
"(3XA) Each enhanced-use lease shall be for fair consideration, as 
determined by the Secretary. Consideration under such a lease may 
be provided in whole or in part through consideration in-kind. 
"(B) Consideration in-kind may include provision of goods or 
services of benefit to the Department, including construction, repair, 
remodeling, or other physical improvements of Department facili-
ties, maintenance of Department facilities, or the provision of office, 
storage, or other usable space. 
"(4) Any pa3mient by the Secretary for the use of space or services 
by the Efepartment on property that has been leased under this 
subchapter may only be made from funds appropriated to the 
Department for the activity that uses the space or services. No other 
such payment may be made by the Secretary to a lessee under an 
enhanced-use lease unless the authority to make the payment is 
provided in advance in an appropriation Act. 
"(cXl) Subject to paragraph (2), the entering into an enhanced-use 
lease covering any land or improvement described in section 
421(bX2) of the Veterans' Benefits and Services Act of 1988 (Public 
Law 100-322; 102 Stat. 553) shall be considered to be prohibited by 
that section unless specifically authorized by law. 
"(2) The entering into an enhanced-use lease by the Secretary 
covering any land or improvement described in such section 421(bX2) 
shall not be considered to be prohibited under that section if under 
the lease— 
PUBLIC LAW 102-86—AUG. 14, 1991 
105 STAT. 419 
"(A) the designated property is to be used only for child-care 
services; 
"(B) those services are to be provided only for the benefit of— 
"(i) employees of the Department; 
.^ . 
"(ii) individuals employed on the premises of such prop-
erty; and 
(iii) employees of a health-personnel educational institu-
tion that is affiliated with a Department facility; 
"(C) over one-half of the employees benefited by the child-care 
services provided are required to be employees of the Depart-
ment; and 
"(D) over one-half of the children to whom child-care services 
are provided are required to be children of employees of the 
Department. 
"§ 8163. Designation of property to be leased 
"(a) If the Secretary proposes to designate a property to be leased 
under an enhanced-use lease, the Secretary shall conduct a public 
hearing before making the designation. The hearing shall be con-
ducted in the community in which the property is located. At the 
hearing, the Secretary shall receive the views of veterans service 
organizations and other interested parties regarding the proposed 
lease of the property and the possible effects of the uses to be made 
of the property under a lease of the general character then con-
templated. The possible effects to be addressed at the hearing shall 
include effects on— 
"(1) local commerce and other aspects of the local community; 
"(2) programs administered by the Department; and 
"(3) services to veterans in the community. 
"(b) Before conducting such a hearing, the Secretary shall provide 
reasonable notice of the proposed designation and of the hearing. 
The notice shall include— 
"(1) the time and place of the hearing; 
"(2) identification of the property proposed to be leased; 
"(3) a description of the proposed uses of the property under 
the lease; 
"(4) a description of how the uses to be made of the property 
under a lease of the general character then contemplated— 
{ 
"(A) would contribute in a cost-effective manner to the 
mission of the Department; 
"(B) would not be inconsistent with the mission of the 
Department; and 
(C) would not adversely affect the mission of the Depart-
ment; and 
"(5) a description of how those uses would affect services to 
veterans. 
"(cXD If after a hearing under subsection (a) the "Secretary intends Federal 
to designate the property involved, the Secretary shall notify the ^S^^^f-
congressional veterans' affairs committees of the Secretary s in- ^" ^^ ^°"' 
tention to so designate the property and shall publish a notice of 
such intention in the Federal Register. 
"(2) The Secretary may not enter into an enhanced-use lease until 
the end of a 60-day period of continuous session of C!ongress follow-
ing the date of the submission of notice under paragraph (1). For 
purposes of the preceding sentence, continuity of a session of Con-
gress is broken only by an adjournment sine die, and there shall be 
excluded from the computation of such 60-day period any day during 
105 STAT. 420 
PUBLIC LAW 102-86—AUG. 14, 1991 
Reports. 
Federal 
Register, 
publication. 
which either House of Congress is not in session during an adjourn-
ment of more than three days to a day certain. 
"(3) Each notice under paragraph (1) shall include the following: 
"(A) An identification of the property involved. 
"(B) An explanation of the background of, rationale for, and 
economic factors in support of, the proposed lease. 
"(C) A summary of the views expressed by interested parties 
at the public hearing conducted in connection with the proposed 
designation, together with a summary of the Secretary's evalua-
tion of those views. 
"(D) A general description of the proposed lease. 
"(E) A description of how the proposed lease— 
"(i) would contribute in a cost-effective manner to the 
mission of the Department; 
"(ii) would not be inconsistent with the mission of the 
Department; and 
"(iii) would not adversely affect the mission of the Depart-
ment. 
"(F) A description of how the proposed lease would affect 
services to veterans. 
"(4) Not less than 30 days before entering into an enhanced-use 
lease, the Secretary shall submit to the congressional veterans' 
affairs committees a report on the proposed lease. The report shall 
include— 
"(A) updated information with respect to the matters de-
scribed in paragraph (3); 
"(B) a summary of a cost-benefit analysis of the proposed 
lease; 
"(C) a description of the provisions of the proposed lease; and 
"(D) a notice of designation with respect to the property. 
"§ 8164. Authority for disposition of leased property 
"(a) If, during the term of an enhanced-use lease or within 30 days 
after the end of the term of the lease, the Secretary determines that 
the leased property is no longer needed by the Department, the 
Secretary may initiate action for the transfer to the lessee of all 
right, title, and interest of the United States in the property by 
requesting the Administrator of Greneral Services to dispose of the 
property pursuant to subsection (b). A disposition of property may 
not be made under this section unless the Secretary determines that 
the disposition under this section rather than under section 8122 of 
this title is in the best interests of the Department. The Adminis-
trator, upon request of the Secretary, shall take appropriate action 
under this section to dispose of property of the Department that is or 
has been subject to an enhanced-use lease. 
"(b) A disposition under this section may be made for such consid-
eration as the Secretary and the Administrator of General Services 
jointly determine is in the best interest of the United States and 
upon such other terms and conditions as the Secretary and the 
Administrator consider appropriate. 
"(c) Not less than 90 dajrs before a disposition of property is made 
under this section, the Secretary shall notify the congressional 
veterans' aff£urs committees of the Secretary's intent to dispose of 
the property and shall publish notice of the proposed disposition in 
the Federal Register, llie notice shall describe the bacl^ound of, 
rationale for, and economic factors in support of, the proposed 
PUBLIC LAW 102-86—AUG. 14, 1991 
105 STAT. 421 
disposition (including a cost-benefit analysis summary) and the 
method, terms, and conditions of the proposed disposition. 
"§ 8165. Use of proceeds 
"(aXD Of the funds received by the Department under an en-
hanced-use lease and remaining after any deduction from such 
funds under subsection (b), 75 percent shall be deposited in the 
nursing home revolving fund established under section 8116 of this 
title and 25 percent shall be credited to the Medical Care Account of 
the Department for the use of the Department facility at which the 
property is located. 
"(2) Funds received by the Department from a disposal of leased 
property under section 8164 of this title and remaining after any 
deduction from such funds under the laws referred to in subsection 
(c) shall be deposited in the nursing home revolving fund. 
"(b) An amount sufficient to pay for any expenses incurred by the 
Secretary in any fiscal year in connection with an enhanced-use 
lease shall be deducted from the proceeds of the lease for that fiscal 
year and may be used by the Secretary to reimburse the account 
from which the funds were used to pay such expenses. 
"(c) Subsection (a) does not affect the applicability of section 204 of 
the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 485) or the Act of June 8, 1896 (40 U.S.C. 485a), with respect 
to reimbursement of the Administrator of General Services for 
expenses arising from any disposal of property under section 8164 of 
this title. 
"§ 8166. Construction standards 
"(a) Unless the Secretary provides otherwise, the construction, 
alteration, repair, remodeling, or improvement of the property that 
is the subject of the lease shall be carried out so as to comply with 
all standards applicable to construction of Federal buildings. Any 
such construction, alteration, repair, remodeling, or improvement 
shall not be subject to any State or local law relating to building 
codes, permits, or inspections unless the Secretary provides other-
wise. 
"(b) Unless the Secretary has provided that Federal construction 
standards are not applicable to a property, the Secretary shall 
conduct periodic inspections of any such construction, alteration, 
repair, remodeling, or improvement for the purpose of ensuring that 
the standards are met. 
"§ 8167. Exemption from State and local taxes 
"The interest of the United States in any property subject to an 
enhanced-use lease and any use by the United States of such 
property during such lease shall not be subject, directly or 
indirectly, to any State or local law relative to taxation, fees, 
assessments, or special assessments, except sales taxes charged in 
connection with any construction, alteration, repair, remodeling, or 
improvement project carried out under the lease. 
"§ 8168. Limitation on number of agreements 
"(a) Not more than 20 enhanced-use leases may be entered into 
under this subchapter, and not more than 10 such leases may be 
entered into during any fiscal year. 
"(b) An enhanced-use lease under which the primary use made of 
the leased premises is the provision of child-care services for employ-
105 STAT. 422 
PUBLIC LAW 102-86—AUG. 14, 1991 
ees of the Department shall not be counted for the purposes of 
subsection (a). 
"§ 8169. Expiration 
"The authority of the Secretary to enter into enhanced-use leases 
under this subchapter expires on December 31,1994.". 
(b) CLERICAL AMENDMENTS.—(1) The heading for chapter 81 is 
amended by adding at the end the following: "; LEASES OF REAL 
PROPERTY". 
(2) The items relating to chapter 81 in the tables of chapters 
before part I and at the beginning of part VI are amended to read as 
follows: 
"81. Acquisition and Operation of Hospital and Domiciliary Facilities; Pro-
curement and Supply; Enhanced-Use Leases of Real Property 
8101". 
(3) The table of sections at the beginning of chapter 81 is amended 
by adding at the end the following: 
"SUBCHAPTER V—ENHANCKD-USE LEASES OF REAL PROPERTY 
"8161. Definitions. 
"8162. Enhanced-use leases. 
"8163. Designation of property to be leased. 
"8164. Authority for disposition of leased property. 
"8165. Use of proceeds. 
"8166. Construction standards. 
"8167. Exemption from State and local taxes. 
"8168. Limitation on number of agreements. 
"8169. Expiration.". 
SEC. 402. ACQUISITION OF REAL PROPERTY. 
(a) IN GENERAL.—Chapter 1 is amended by adding at the end the 
following new section: 
"§ 115. Acquisition of real property 
"For the purposes of sections 230 and 1006 of this title and 
subchapter I of chapter 81 of this title, the Secretary may acquire 
and use real property— 
"(1) before title to the property is approved under section 355 
of the Revised Statutes (40 U.S.C. 255); and 
"(2) even though the property will be held in other than a fee 
simple interest in a case in which the Secretary determines that 
the interest to be acquired is sufficient for the purposes of the 
intended use.". 
OD) CLERICAL AMENDMENT.—The table of sections at the bejginning 
of such chapter is amended by adding at the end the following new 
item: 
"115. Acquisition of real property.". 
36 u s e 493. 
SEC. 403. PERSHING HALL, PARIS, FRANCE. 
(a) IN GENERAL.—Pershing Hall, an existing memorial in Paris, 
France, owned by the United States, together with the personal 
property of such memorial, is hereby placed under the jurisdiction, 
custody, and control of the Department of Veterans Affairs so that 
the memorial to the commander-in-chief, officers, men, and auxil-
iary services of the American Expeditionary Forces in France 
during World War I may be continued in an appropriate manner 
and financial support be provided therefor. 
db) ADMINISTRATION.—(IXA) The Secretary of Veterans Affairs 
shall administer, operate, develop, and improve Pershing Hall and 
its site in such manner as the Secretary determines is in the best 
PUBLIC LAW 102-86—AUG. 14, 1991 
105 STAT. 423 
interests of the United States, which may include use of Pershing 
Hall to meet the needs of veterans. To meet such needs, the Sec-
retary may establish and operate a regional or other office to 
disseminate information, respond to inquiries, and otherwise assist 
veterans and their families in obtaining veterans' benefits. 
(B) To carry out the purposes of this section, the Secretary may 
enter into agreements authorized by subsection (c) to fund the 
operation of the memorial and projects authorized by subsection 
(dX6). 
(2XA) The Secretary shall, after consultation with the American 
Battle Monuments Commission, provide for a portion of Pershing 
Hall to be specifically dedicated, with appropriate exhibitions and 
monuments, to the memory of the commander-in-chief, officers, 
men, and auxiliary services of the American Expeditionary Forces 
in France during World War I. 
(B) The establishment and continuing supervision of the memorial 
that is dedicated pursusuit to subparagraph (A) shall be carried out 
by the American Battle Monuments Commission. 
(3) To the extent that funds are available in the Pershing Hall 
Revolving Fund established by subsection (d), the Secretary may 
incur such expenses with respect to Pershing Hall as the Secretary 
determines necessary or appropriate. 
(4) The Secretary of Veterans Affairs may provide the allowances 
and benefits described in section 235 of title 38, United States Code, 
to personnel of the Department of Veterans Affairs who are United 
States citizens and are assigned by the Secretary to Pershing Hall. 
(c) LEASES.—(1) The Secretary may enter into agreements as the 
Secretary determines necessary or appropriate for the operation, 
development, and improvement of Pershing Hall and its site, includ-
ing the leasing of portions of the Hall for terms not to exceed 35 
years in areas that are newly constructed or substantially rehabili-
tated and for not to exceed 20 years in other areas of the Hall. 
(2) Leases entered into by the Secretary under this subsection 
shall be for consideration in the form of cash or in-kind, or a 
combination of the two, as determined by the Secretary, which shall 
include the value of space leased back to the Secretary by the lessee, 
net of rent paid by the Secretary, and the present value of the 
residual interest of the Secretary at the end of the lease term. 
(d) FUND.—(1) There is hereby established the Pershing Hall 
Revolving Fund to be administered by the Secretary of Veterans 
Affairs. 
(2) There shall be transferred to the Pershing Hall Revolving 
Fund, at such time or times as the Secretary may determine without 
limitation as to year, amounts as determined by the Secretary, not 
to exceed $1,000,000 in total, from funds appropriated to the Depart-
ment of Veterans Affairs for the construction of major projects. The 
account from which any such amount is transferred shall be re-
imbursed promptly from other funds as they become part of the 
Pershing Hall Revolving Fund. 
(3) The Pershing Hall Memorial Fund, established in the Treasury 
of the United States pursuant to section 2 of the Act of June 28,1935 
(Public Law 74-171; 49 Stat. 426), is hereby abolished and the corpus 
of the fund, including accrued interest, is transferred to the Per-
shing Hall Revolving Fund. 
(4) Funds received by the Secretary from operation of Pershing 
Hall or from any lease or other agreement with respect to Pershing 
Hall shall be deposited in the Pershing Hall Revolving Fund. 
105 STAT. 424 
PUBLIC LAW 102-86—AUG. 14, 1991 
(5) The Secretary of the Treasury shall invest any portion of the 
Revolving Fxind that, as determined by the Secretary of Veterans 
Affairs, is not required to meet current expenses of the Fund, Each 
investment shall be made in an interest bearing obligation of the 
United States or an obligation guaranteed as to principal and 
interest by the United States that, as determined by the Secretary of 
Veterans Affairs, has a maturity suitable for the Revolving Fund. 
The Secretary of the Treasury shall credit to the Revolving Fund 
the interest on, and the proceeds from the sale or redemption of, 
such obligations. 
(6XA) Subject to subparagraphs (B) and (C), the Secretary of 
Veterans Affairs may expend not more than $100,000 from the Fund 
in any fiscal year upon projects, activities, and facilities determined 
by the Secretary to be in keeping with the mission of the Depart-
ment. 
(B) An expenditure under subparagraph (A) may be made only 
from funds that will remain in the Fund in any fiscal year after 
payment of expenses incurred with respect to Pershing Hail for such 
fiscal year and only after the reimbursement of all amounts trans-
ferred to the Fund under subsection (dX2) has been completed. 
(C) An expenditure authorized by subparagraph (A) shall be re-
ported by the Secretary to the Congress no later than November 1 of 
each year for the fiscal year ending on the previous September 30. 
(e) WAIVER.—The Secretary may carry out the provisions of this 
section without regard to section 8122 of title 38, United States 
Code, section 321 of the Act of June 30,1932 (40 U.S.C. 303b; 47 Stat. 
412), sections 202 and 203 of the Federal Property and Administra-
tive Services Act (40 U.S.C. 483 and 484), or any other provision of 
law inconsistent with this section. 
TITLE V—MISCELLANEOUS 
SEC. 501. DURATION OF COMPENSATED WORK THERAPY PROGRAM. 
38 u s e 1718 
Section 7(a) of Public Law 102-54 (105 Stat. 269) is amended by 
"°*®- 
striking out "Duriug fiscal years 1992 through 1994" and inserting 
in lieu thereof "During fiscal years 1991 through 1994". 
38 use 103 
SEC. 502. SAVINGS PROVISION FOR ELIMINATION OF BENEFITS FOR CER-
^^^- 
TAIN REMARRIED SPOUSES. 
The amendments made by section 8004 of the Omnibus Budget 
Reconciliation Act of 1990 (Public Law 101-508) shall not apply with 
respect to any individual who on October 31, 1990, was a surviving 
spouse or child within the meaning of title 38, United States Code, 
unless after that date that individual. (1) marries, or (2) in the case of 
a surviving spouse, begins to live with another person while holding 
himself or herself out openly to the public as that person's spouse. 
SEC. 503. AGENT ORANGE REVIEW. 
(a) LiABiUTY INSURANCE.—Section 3 of the Agent Orange Act of 
38 use 1116 
1991 (Public Law 102-4; 38 U.S.C. 316 note) is amended by adding at 
the end the following new subsection: 
"(k) LIABILITY INSURANCE.—(1) The Secretary may provide liabil-
ity insurance for the National Academy of Sciences or any other 
contract scientific organization to cover any claim for money dam-
ages for injury, loss of property, personal injury, or death caused by 
any negligent or wrongful act or omission of any person referred to 
note. 
PUBLIC LAW 102-86—AUG. 14, 1991 
105 STAT. 425 
in paragraph (2) in carrying out any of the following responsibilities 
of the Academy or such other organization, as the case may be, 
under an agreement entered into with the Secretary pursuant to 
this section: 
"(A) The review, summarization, and assessment of scientific 
evidence referred to in subsection (c). 
"(B) The making of any determination, on the basis of such 
review and assessment, regarding the matters set out in clauses 
(A) through (C) of subsection (d)(1), and the preparation of the 
discussion referred to in subsection (d)(2). 
"(C) The making of any recommendation for additional sci-
entific study under subsection (e). 
"(D) The conduct of any subsequent review referred to in 
subsection (f) and the making of any determination or estimate 
referred to in such subsection. 
"(E) The preparation of the reports referred to in subsection 
(g). 
"(2) A person referred to in paragraph (1) is— 
"(A) an employee of the National Academy of Sciences or 
other contract scientific organization referred to in paragraph 
(l);or 
"(B) any individusd appointed by the President of the Acad- 
r 
emy or the head of such other contract scientific organization, 
as the case may be, to carry out any of the responsibilities 
referred to in such paragraph. 
"(3) The cost of the liability insurance referred to in paragraph (1) 
shEill be made from funds available to carry out this section. 
"(4) The Secretary shall reimburse the Academy or person 
referred to in paragraph (2) for the cost of any judgments (if any) 
and reasonable attorney's fees and incidental expenses, not com-
pensated by the liability insurance referred to in paragraph (1) or by 
any other insurance maintained by the Academy, incurred by the 
Academy or person referred to in paragraph (2), in connection with 
any legal or administrative proceedings arising out of or in connec-
tion with the work to be performed under the agreement referred to 
in paragraph (1). Reimbursement of the cost of such judgments, 
attorney's fees, and incidental expenses shall be paid from funds 
appropriated for such reimbursement or appropriated to carry out 
this section, but in no event shall any such reimbursement be made 
from funds authorized pursuant to section 1304 of title 31, United 
States Code.". 
(b) DELAY IN CERTAIN PROVISIONS.—(1) Section 3(b) of such Act is 38 use 1116 
amended by striking out "two months after the date of the enact- "°*®-
ment of this Act" and inserting in lieu thereof "two months after 
the date of the enactment of the Veterans' Benefits Programs 
Improvement Act of 1991". 
(2) Section 10(e) of such Act is amended— 
38 USC 1154 
(A) in paragraph (1), by striking out "at the end of the six- "o*«-
month period beginning on the date of the enactment of this 
Act" and inserting in lieu thereof "at the end of the two-month 
period beginning on the date of the enactment of the Veterans' 
Benefits Programs Improvement Act of 1991"; and 
(B) in paragraph (2XA), by striking out "six-month". 
105 STAT. 426 
PUBLIC LAW 102-86—AUG. 14, 1991 
SEC. 504. EXPANSION OF AUTHORITY TO ACCEPT GIFTS, BEQUESTS, AND 
DEVISES. 
Section 8301 is amended by adding at the end the following new 
sentence: "The Secretary may EIISO accept, for use in carrjdng out all 
laws administered by the Secretary, gifts, devises, and bequests 
which will enhance the Secretary's ability to provide services or 
benefits.". 
SEC. 505. TECHNICAL AMENDMENT RELATING TO COLLECTION OF CER-
TAIN INDEBTEDNESS TO THE UNITED STATES. 
(a) DEPOSIT OF COAST GUARD AMOUNTS.—Section 5301(cX4) is 
amended by inserting before the period at the end the following: "or 
to the Retired Pay Account of the Coast Guard, as appropriate". 
38 use 5301 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
"°**- 
shall apply with respect to funds collected after September 30,1991. 
SEC. 506. MISCELLANEOUS TECHNICAL AMENDMENTS. 
(a) TITLE 38.—Title 38, United States Code, is amended as follows: 
38 use 1718. 
(1) 
Section 
6180bX2) 
is 
amended 
by 
striking 
out 
"arangements" and inserting in lieu thereof "arrangements". 
38 use 1916. 
(2) Section 716(b) is amended by striking out "upaid" and 
inserting in lieu thereof "unpaid". 
(b) PUBLIC LAW 101-237.—Effective as of December 18, 1989, 
section 423(b) of Public Law 101-237 is amended— 
38 use 3690. 
(1) in paragraph (2), by striking out "1790(bX3)(BXi)(ni)," and 
inserting in lieu thereof "1790(bX3XBXiii), as redesignated by 
subsection (aX9XC)(ii),"; and 
38 use 3018. 
(2) in paragraph (4XA), by striking out "1418(aX3)" and insert-
ing in lieu thereof "1418(a)". 
(c) PUBLIC LAW 102-16.—Effective as of March 22, 1991, section 
38 use 4214 
9(d) of Public Law 102-16 is amended by striking out "Act" the first 
^°**- 
place it appears and inserting in lieu thereof "section". 
Approved August 14, 1991. 
LEGISLATIVE HISTORY—H.R. 1047: 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Apr. 10, 11, considered and passed House. 
July 25, considered and passed Senate, amended. 
July 29, House concurred in Senate amendments.