[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1810 Reported in Senate (RS)]






                                                       Calendar No. 787
106th CONGRESS
  2d Session
                                S. 1810

                          [Report No. 106-397]

To amend title 38, United States Code, to clarify and improve veterans' 
                    claims and appellate procedures.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 27, 1999

  Mrs. Murray (for herself, Mr. Jeffords, Mr. Conrad, Mr. Kerrey, Mr. 
Dorgan, Mr. Bingaman, Mr. Sarbanes, Mr. Leahy, Mr. Daschle, Mr. Kerry, 
  Ms. Snowe, Mr. Reid, Mr. Robb, Mr. Johnson, Mr. Inouye, Mr. Inhofe, 
  Mrs. Lincoln, Mr. Feingold, Ms. Collins, Mr. Dodd, Mr. Smith of New 
  Hampshire, Mr. Biden, Ms. Landrieu, Mr. Lieberman, Mrs. Boxer, Mr. 
  Cleland, Mr. Wellstone, Mr. Brownback, Mr. Kennedy, Mr. Harkin, Mr. 
  McCain, Mr. Burns, Mr. L. Chafee, Mrs. Hutchison, Mr. Grassley, Mr. 
  Graham, Mrs. Feinstein, Mr. Kohl, Mr. Ashcroft, Mr. Gorton, and Mr. 
  Hutchinson) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                           September 6, 2000

  Reported by Mr. Specter, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to clarify and improve veterans' 
                    claims and appellate procedures.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Veterans Claims and Appeals 
Procedures Clarification and Improvement Act''.</DELETED>

<DELETED>SEC. 2. CLARIFICATION OF DEPARTMENT OF VETERANS AFFAIRS DUTY 
              TO ASSIST CLAIMANTS.</DELETED>

<DELETED>    (a) In General.--Section 5107 of title 38, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking the second and 
        third sentences; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(c) The Secretary shall assist a claimant, who under 
subsection (a) has the burden of proof, in developing all facts 
pertinent to the claim. Such assistance shall include requesting 
information as described in section 5106 of this title.''.</DELETED>
<DELETED>    (b) Clerical and Conforming Amendments.--(1) The section 
heading of such section is amended by inserting ``; assistance to 
claimants'' after ``benefit of the doubt''.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 51 
of such title is amended in the item relating to section 5107 by 
inserting ``; assistance to claimants'' after ``benefit of the 
doubt''.</DELETED>

<DELETED>SEC. 3. EXCLUSIVE NATURE OF ADJUDICATION AND HEARING 
              PROCEDURES.</DELETED>

<DELETED>    (a) In General.--Chapter 1 of title 38, United States 
Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 116. Exclusivity of adjudication and hearing 
              procedures</DELETED>
<DELETED>    ``Notwithstanding chapter 72 of this title, section 554(a) 
of title 5, or any other provision of law, the adjudication and hearing 
procedures set forth in this title and in the regulations prescribed by 
the Secretary under this title for purposes of administering veterans 
benefits shall be exclusive with respect to hearings, investigations, 
and other proceedings in connection with the consideration of a claim 
for benefits under the laws administered by the Secretary.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 1 of such title is amended by adding at the end 
the following new item:</DELETED>

<DELETED>``116. Exclusivity of adjudication and hearing procedures.''.

<DELETED>SEC. 4. PRECLUSION OF CERTAIN APPEALS BY SECRETARY OF VETERANS 
              AFFAIRS.</DELETED>

<DELETED>    Section 7252(a) of title 38, United States Code, is 
amended by inserting ``, nor may the Court entertain any allegation of 
error by the Secretary in such decision not raised by the appellant or 
the Court'' after ``such decision''.</DELETED>

<DELETED>SEC. 5. REVIEW OF FINDINGS OF FACT BY UNITED STATES COURT OF 
              APPEALS FOR VETERANS CLAIMS.</DELETED>

<DELETED>    Section 7261(a)(4) of title 38, United States Code, is 
amended by striking ``such finding if the finding is clearly 
erroneous'' and inserting ``a finding adverse to a veteran or other 
claimant for benefits if the finding is not reasonably supported by a 
preponderance of the evidence''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Programs 
Enhancement Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

                       TITLE I--BENEFITS MATTERS

              Subtitle A--Compensation and Pension Matters

Sec. 101. Clarification and enhancement of authorities relating to the 
                            processing of claims for veterans benefits.
Sec. 102. Expansion of list of diseases presumed to be service-
                            connected for radiation-exposed veterans.
Sec. 103. Special monthly compensation for female veterans who lose a 
                            breast as a result of a service-connected 
                            disability.

                     Subtitle B--Education Matters

Sec. 111. Making uniform the requirement for high school diploma or 
                            equivalency before application for 
                            Montgomery GI Bill benefits.
Sec. 112. Repeal of requirement for initial obligated period of active 
                            duty as condition of eligibility for 
                            Montgomery GI Bill benefits.
Sec. 113. Availability under survivors' and dependents' educational 
                            assistance of preparatory courses for 
                            college and graduate school entrance exams.
Sec. 114. Election of certain recipients of commencement of period of 
                            eligibility for survivors' and dependents' 
                            educational assistance.
Sec. 115. Adjusted effective date for award of survivors' and 
                            dependents' educational assistance.

                      Subtitle C--Housing Matters

Sec. 121. Elimination of reduction in assistance for specially adapted 
                            housing for disabled veterans for veterans 
                            having joint ownership of housing units.
Sec. 122. Increase in maximum amount of housing loan guarantee.
Sec. 123. Termination of collection of loan fees from veterans rated 
                            eligible for compensation at pre-discharge 
                            rating examinations.

                     Subtitle D--Insurance Matters

Sec. 131. Premiums for term service disabled veterans' insurance for 
                            veterans older than age 70.
Sec. 132. Increase in automatic maximum coverage under Servicemembers' 
                            Group Life Insurance and Veterans' Group 
                            Life Insurance.
Sec. 133. Family coverage under Servicemembers' Group Life Insurance.

                       Subtitle E--Burial Matters

Sec. 141. Eligibility for interment in the national cemeteries of 
                            certain Filipino veterans of World War II.

                     Subtitle F--Employment Matters

Sec. 151. Veterans employment emphasis under Federal contracts for 
                            recently separated veterans.
Sec. 152. Comptroller General audit of veterans employment and training 
                            service of the Department of Labor.

      Subtitle G--Benefits for Children of Female Vietnam Veterans

Sec. 161. Short title.
Sec. 162. Benefits for the children of female Vietnam veterans who 
                            suffer from certain birth defects.

                   Subtitle H--Other Benefits Matters

Sec. 171. Review of dose reconstruction program of the Defense Threat 
                            Reduction Agency.

                     TITLE II--HEALTH CARE MATTERS

Sec. 201. Veterans not subject to copayments for medications.
Sec. 202. Establishment of position of Advisor on Physician Assistants 
                            within Office of Undersecretary for Health.
Sec. 203. Temporary full-time appointments of certain medical 
                            personnel.

             TITLE III--CONSTRUCTION AND FACILITIES MATTERS

                    Subtitle A--Construction Matters

Sec. 301. Authorization of major medical facility projects for fiscal 
                            year 2001.
Sec. 302. Authorization of additional major medical facility project 
                            for fiscal year 2000.
Sec. 303. Authorization of appropriations.

                       Subtitle B--Other Matters

Sec. 311. Maximum term of lease of Department of Veterans Affairs 
                            property for homeless purposes.
Sec. 312. Land conveyance, Miles City Veterans Administration Medical 
                            Complex, Miles City, Montana.
Sec. 313. Conveyance of Ft. Lyon Department of Veterans Affairs Medical 
                            Center, Colorado, to the State of Colorado.
Sec. 314. Effect of closure of Ft. Lyon Department of Veterans Affairs 
                            Medical Center on administration of health 
                            care for veterans.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment 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--BENEFITS MATTERS

              Subtitle A--Compensation and Pension Matters

SEC. 101. CLARIFICATION AND ENHANCEMENT OF AUTHORITIES RELATING TO THE 
              PROCESSING OF CLAIMS FOR VETERANS BENEFITS.

    (a) Definition of Claimant.--Chapter 51 is amended--
            (1) by redesignating section 5101 as section 5101A; and
            (2) by inserting before section 5101A, as so redesignated, 
        the following new section:
``Sec. 5101. Definition of `claimant'
    ``For purposes of this chapter, the term `claimant' means any 
individual who submits a claim for benefits under the laws administered 
by the Secretary.''.
    (b) Incomplete Applications.--Section 5103(a) is amended by 
striking ``evidence'' both places it appears and inserting 
``information''.
    (c) Reaffirmation and Clarification of Duty To Assist.--Chapter 51 
is further amended by inserting after section 5103 the following new 
section:
``Sec. 5103A. Assistance to claimants
    ``(a) Except as provided in subsection (b), the Secretary shall 
make reasonable efforts to assist in the development of information and 
medical or lay evidence necessary to establish the eligibility of a 
claimant for benefits under the laws administered by the Secretary.
    ``(b) The Secretary is not required to provide assistance to a 
claimant under subsection (a) if no reasonable possibility exists, as 
determined in accordance with regulations prescribed under subsection 
(f), that such assistance would aid in the establishment of the 
eligibility of the claimant for benefits under the laws administered by 
the Secretary.
    ``(c) In any claim for benefits under the laws administered by the 
Secretary, the assistance provided by the Secretary under subsection 
(a) shall include the following:
            ``(1) Informing the claimant and the claimant's 
        representative, if any, of the information and medical or lay 
        evidence needed in order to aid in the establishment of the 
        eligibility of the claimant for benefits under the laws 
        administered by the Secretary.
            ``(2) Informing the claimant and the claimant's 
        representative, if any, if the Secretary is unable to obtain 
        any information or medical or lay evidence described in 
        paragraph (1).
    ``(d)(1) In any claim for disability compensation under chapter 11 
of this title, the assistance provided by the Secretary under 
subsection (a) shall include, in addition to the assistance provided 
under subsection (c), the following:
            ``(A) Obtaining the relevant service and medical records 
        maintained by applicable governmental entities that pertain to 
        the veteran for the period or periods of the veteran's service 
        in the active military, naval, or air service.
            ``(B) Obtaining existing records of relevant medical 
        treatment or examination provided at Department health-care 
        facilities or at the expense of the Department, but only if the 
        claimant has furnished information sufficient to locate such 
        records.
            ``(C) Obtaining from governmental entities any other 
        relevant records the claimant adequately identifies and 
        authorizes the Secretary to obtain.
            ``(D) Making reasonable efforts to obtain from private 
        persons and entities any other relevant records the claimant 
        adequately identifies and authorizes the Secretary to obtain.
            ``(E) Providing a medical examination needed for the 
        purpose of determining the existence of a current disability if 
        the claimant submits verifiable evidence, as determined in 
        accordance with the regulations prescribed under subsection 
        (f), establishing that the claimant is unable to afford medical 
        treatment.
            ``(F) Providing such other assistance as the Secretary 
        considers appropriate.
    ``(2) The efforts made to obtain records under subparagraphs (A), 
(B), and (C) of paragraph (1) shall continue until it is reasonably 
certain, as determined in accordance with the regulations prescribed 
under subsection (f), that such records do not exist.
    ``(e) If while obtaining or after obtaining information or lay or 
medical evidence under subsection (d) the Secretary determines that a 
medical examination or a medical opinion is necessary to substantiate 
entitlement to a benefit, the Secretary shall provide such medical 
examination or obtain such medical opinion.
    ``(f) The Secretary shall prescribe regulations for purposes of the 
administration of this section.''.
    (d) Cost of Other Agencies in Furnishing Information.--Section 5106 
is amended by adding at the end the following new sentence: ``The cost 
of providing such information shall be borne by the department or 
agency providing such information.''.
    (e) Repeal of ``Well-Grounded Claim'' Rule.--Section 5107 is 
amended to read as follows:
``Sec. 5107. Burden of proof; benefit of the doubt
    ``(a) Except when otherwise provided by this title or by the 
Secretary in accordance with the provisions of this title, a claimant 
shall have the burden of proof in establishing entitlement to benefits 
under the laws administered by the Secretary.
    ``(b) The Secretary shall consider all information and lay and 
medical evidence of record in a case before the Department with respect 
to benefits under laws administered by the Secretary, and shall give 
the claimant the benefit of the doubt when there is an approximate 
balance of positive and negative evidence regarding an issue material 
to the determination of the matter.''.
    (f) Applicability of Enhanced Authorities.--(1) Except as 
specifically provided otherwise, section 5103A of title 38, United 
States Code (as added by subsection (c)), and section 5107 of title 38, 
United States Code (as amended by subsection (e)), shall apply to any 
claim pending on or filed on or after the date of the enactment of this 
Act.
    (2)(A) In the case of a claim for benefits described in 
subparagraph (B), the Secretary of Veterans Affairs shall, upon the 
request of the claimant, or upon the Secretary's motion, order such 
claim readjudicated in accordance with section 5103A of title 38, 
United States Code (as so added), and section 5107 of title 38, United 
States Code (as so amended), as if the denial or dismissal of such 
claim as described in that subparagraph had not been made.
    (B) A claim for benefits described in this subparagraph is any 
claim for benefits--
            (i) the denial of which became final during the period 
        beginning on July 14, 1999, and ending on the date of the 
        enactment of this Act; and
            (ii) which was denied or dismissed because the claim was 
        not well grounded (as that term was used in section 5107(a) of 
        title 38, United States Code, during the period referred to in 
        clause (i)).
    (3) No claim shall be readjudicated under paragraph (2) unless the 
request for readjudication is filed, or the motion made, not later than 
two years after the date of the enactment of this Act.
    (4) In the absence of a timely request of a claimant under 
paragraph (3), nothing in this subsection shall be construed as 
establishing a duty on the part of the Secretary to locate and 
readjudicate a claim described in paragraph (2)(B).
    (g) Clerical Amendments.--The table of sections at the beginning of 
chapter 51 is amended--
            (1) by striking the item relating to section 5101 and 
        inserting the following new items:

``5101. Definition of `claimant'.
``5101A. Claims and forms.''; and
            (2) by inserting after the item relating to section 5103 
        the following new item:

``5103A. Assistance to claimants.''.

SEC. 102. EXPANSION OF LIST OF DISEASES PRESUMED TO BE SERVICE-
              CONNECTED FOR RADIATION-EXPOSED VETERANS.

    Section 1112(c)(2) is amended by adding at the end the following:
            ``(P) Lung cancer.
            ``(Q) Colon cancer.
            ``(R) Tumors of the brain and central nervous system.
            ``(S) Ovarian cancer.''.

SEC. 103. SPECIAL MONTHLY COMPENSATION FOR FEMALE VETERANS WHO LOSE A 
              BREAST AS A RESULT OF A SERVICE-CONNECTED DISABILITY.

    (a) In General.--Section 1114(k) is amended--
            (1) by striking ``or has suffered'' and inserting ``has 
        suffered''; and
            (2) by inserting after ``air and bone conduction,'' the 
        following: ``or, in the case of a female veteran, has suffered 
        the anatomical loss of one or both breasts (including loss by 
        mastectomy),''.
    (b) Effective Date.--(1) The amendments made by subsection (a) 
shall take effect on the date of the enactment of this Act, and shall 
apply with respect to payment of compensation under section 1114(k) of 
title 38, United States Code (as so amended), for months beginning on 
or after that date.
    (2) No compensation may be paid for any period before the date of 
the enactment of this Act by reason of the amendments made by 
subsection (a).

                     Subtitle B--Education Matters

SEC. 111. MAKING UNIFORM THE REQUIREMENT FOR HIGH SCHOOL DIPLOMA OR 
              EQUIVALENCY BEFORE APPLICATION FOR MONTGOMERY GI BILL 
              BENEFITS.

    (a) Active Duty Program.--(1) Section 3011 is amended--
            (A) in subsection (a), by striking paragraph (2) and 
        inserting the following new paragraph (2):
            ``(2) who completes the requirements of a secondary school 
        diploma (or equivalency certificate), or successfully completes 
        (or otherwise receives academic credit for) the equivalent of 
        12 semester hours in a program of education leading to a 
        standard college degree, before applying for benefits under 
        this section; and'';
            (B) by striking subsection (e); and
            (C) by redesignating subsections (f), (g), (h), and (i) as 
        subsections (e), (f), (g), and (h), respectively.
    (2) Section 3017(a)(1)(A)(ii) is amended by striking ``clause 
(2)(A)'' and inserting ``clause (2)''.
    (b) Selected Reserve Program.--Section 3012 is amended--
            (1) in subsection (a), by striking paragraph (2) and 
        inserting the following new paragraph (2):
            ``(2) who completes the requirements of a secondary school 
        diploma (or equivalency certificate), or successfully completes 
        (or otherwise receives academic credit for) the equivalent of 
        12 semester hours in a program of education leading to a 
        standard college degree, before applying for benefits under 
        this section; and'';
            (2) by striking subsection (f); and
            (3) by redesignating subsection (g) as subsection (f).
    (c) Withdrawal of Election Not To Enroll.--Section 3018(b)(4) is 
amended to read as follows:
            ``(4) before applying for benefits under this section--
                    ``(A) completes the requirements of a secondary 
                school diploma (or equivalency certificate); or
                    ``(B) successfully completes (or otherwise receives 
                academic credit for) the equivalent of 12 semester 
                hours in a program of education leading to a standard 
                college degree; and''.
    (d) Educational Assistance Program for Members of the Selected 
Reserve.--Paragraph (2) of section 16132(a) of title 10, United States 
Code, is amended to read as follows:
            ``(2) before applying for benefits under this section, has 
        completed the requirements of a secondary school diploma (or an 
        equivalency certificate);''.

SEC. 112. REPEAL OF REQUIREMENT FOR INITIAL OBLIGATED PERIOD OF ACTIVE 
              DUTY AS CONDITION OF ELIGIBILITY FOR MONTGOMERY GI BILL 
              BENEFITS.

    (a) Active Duty Program.--Section 3011, as amended by section 111 
of this Act, is further amended--
            (1) in subsection (a)(1)(A)--
                    (A) by striking clause (i) and inserting the 
                following new clause (i):
                            ``(i) who serves an obligated period of 
                        active duty of at least two years of continuous 
                        active duty in the Armed Forces; or''; and
                    (B) in clause (ii)(II), by striking ``in the case 
                of an individual who completed not less than 20 
                months'' and all that follows through ``was at least 
                three years'' and inserting ``if, in the case of an 
                individual with an obligated period of service of two 
                years, the individual completes not less than 20 months 
                of continuous active duty under that period of 
                obligated service, or, in the case of an individual 
                with an obligated period of service of three years, the 
                individual completes not less than 30 months of 
                continuous active duty under that period of obligated 
                service'';
            (2) in subsection (d)(1), by striking ``individual's 
        initial obligated period of active duty'' and inserting 
        ``obligated period of active duty on which an individual's 
        entitlement to assistance under this section is based'';
            (3) in subsection (g)(2)(A), as redesignated by section 
        111(a)(1)(C) of this Act, by striking ``during an initial 
        period of active duty,'' and inserting ``during the obligated 
        period of active duty on which entitlement to assistance under 
        this section is based,''; and
            (4) in subsection (h), as so redesignated, by striking 
        ``initial''.
    (b) Selected Reserve Program.--Section 3012 is amended--
            (1) in subsection (a)(1)(A)(i), by striking ``, as the 
        individual's'' and all that follows through ``Armed Forces'' 
        and inserting ``an obligated period of active duty of at least 
        two years of continuous active duty in the Armed Forces''; and
            (2) in subsection (e)(1), by striking ``initial''.
    (c) Duration of Assistance.--Section 3013 is amended--
            (1) in subsection (a)(2), by striking ``individual's 
        initial obligated period of active duty'' and inserting 
        ``obligated period of active duty on which such entitlement is 
        based''; and
            (2) in subsection (b)(1), by striking ``individual's 
        initial obligated period of active duty'' and inserting 
        ``obligated period of active duty on which such entitlement is 
        based''.
    (d) Amount of Assistance.--Section 3015 is amended--
            (1) in the second sentence of subsection (a), by inserting 
        before ``a basic educational assistance allowance'' the 
        following: ``in the case of an individual entitled to an 
        educational assistance allowance under this chapter whose 
        obligated period of active duty on which such entitlement is 
        based is three years,'';
            (2) in subsection (b), by striking ``and whose initial 
        obligated period of active duty is two years,'' and inserting 
        ``whose obligated period of active duty on which such 
        entitlement is based is two years,''; and
            (3) in subsection (c)(2), by striking subparagraphs (A) and 
        (B) and inserting the following new subparagraphs (A) and (B):
            ``(A) whose obligated period of active duty on which such 
        entitlement is based is less than three years;
            ``(B) who, beginning on the date of the commencement of 
        such obligated period of active duty, serves a continuous 
        period of active duty of not less than three years; and''.

SEC. 113. AVAILABILITY UNDER SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
              ASSISTANCE OF PREPARATORY COURSES FOR COLLEGE AND 
              GRADUATE SCHOOL ENTRANCE EXAMS.

    Paragraph (5) of section 3501(a) is amended by adding at the end 
the following new sentence: ``The term also includes any preparatory 
course described in section 3002(3)(B) of this title.''.

SEC. 114. ELECTION OF CERTAIN RECIPIENTS OF COMMENCEMENT OF PERIOD OF 
              ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL 
              ASSISTANCE.

    Section 3512(a)(3) is amended by striking ``8 years after,'' and 
all that follows through the end and inserting ``8 years after the date 
elected by the person (if such election is approved as the beginning 
date of such period by the Secretary and is made during the period 
between such birthdays) which beginning date--
                    ``(A) in the case of a person whose eligibility is 
                based on a parent who has a service-connected total 
                disability permanent in nature, shall be between the 
dates described in subsection (d) of this section; and
                    ``(B) in the case of a person whose eligibility is 
                based on the death of a parent, shall be between--
                            ``(i) the date of the parent's death; and
                            ``(ii) the date of the Secretary's decision 
                        that the death was service-connected;''.

SEC. 115. ADJUSTED EFFECTIVE DATE FOR AWARD OF SURVIVORS' AND 
              DEPENDENTS' EDUCATIONAL ASSISTANCE.

    (a) In General.--Section 5113 is amended--
            (1) in subsection (a), by striking ``subsection (b) of this 
        section,'' and inserting ``subsections (b) and (c),'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b)(1) In determining the effective date of an award of 
educational assistance under chapter 35 of this title for an individual 
described in paragraph (2) based on an original claim, the Secretary 
shall consider the individual's application under section 3513 of this 
title as having been filed on the effective date from which the 
Secretary, by rating decision, determines that the veteran from whom 
eligibility for such educational assistance is derived either died of a 
service-connected disability or established the existence of a total 
service-connected disability evaluated as permanent in nature if that 
effective date is more than one year before the date the rating 
decision is made.
    ``(2) An individual referred to in paragraph (1) is a person 
eligible for educational assistance under chapter 35 of this title by 
reason of subparagraph (A)(i), (A)(ii), (B), or (D) of section 
3501(a)(1) of this title who--
            ``(A) submits to the Secretary an original application 
        under section 3513 of this title for educational assistance 
        under that chapter within one year after the date that the 
        Secretary issues the rating decision on which the individual's 
        eligibility for such educational assistance is based;
            ``(B) claims such educational assistance for pursuit of an 
        approved program of education during a period or periods 
        preceding the one-year period ending on the date on which the 
        individual's application under that section is received by the 
        Secretary; and
            ``(C) would, without regard to this subsection, have been 
        entitled to such educational assistance for pursuit of such 
        approved program of education if the individual had submitted 
        such application on the effective date from which the Secretary 
        determined that the individual was eligible for such 
        educational assistance.''.
    (b) Stylistic Amendment.--Subsection (c) of that section, as 
redesignated by subsection (a)(2) of this section, is amended by 
striking ``of this section''.
    (c) Applicability.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to applications first made under section 3513 of title 38, 
United States Code, that--
            (1) are received by the Secretary of Veterans Affairs on or 
        after the date of the enactment of this Act; or
            (2) as of that date are pending with the Secretary or 
        exhaustion of available administrative and judicial remedies.

                      Subtitle C--Housing Matters

SEC. 121. ELIMINATION OF REDUCTION IN ASSISTANCE FOR SPECIALLY ADAPTED 
              HOUSING FOR DISABLED VETERANS FOR VETERANS HAVING JOINT 
              OWNERSHIP OF HOUSING UNITS.

    Section 2102 is amended by adding at the end the following new 
subsection:
    ``(c) The amount of assistance afforded under subsection (a) for a 
veteran authorized assistance by section 2101(a) of this title shall 
not be reduced by reason that title to the housing unit, which is 
vested in the veteran, is also vested in any other person, if the 
veteran resides in the housing unit.''.

SEC. 122. INCREASE IN MAXIMUM AMOUNT OF HOUSING LOAN GUARANTEE.

    (a) In General.--Subparagraph (A)(i)(IV) of section 3703(a)(1) is 
amended by striking ``$50,750'' and inserting ``$63,175''.
    (b) Conforming Amendment.--Subparagraph (B) of that section is 
amended by striking ``$50,750'' and inserting ``$63,175''.

SEC. 123. TERMINATION OF COLLECTION OF LOAN FEES FROM VETERANS RATED 
              ELIGIBLE FOR COMPENSATION AT PRE-DISCHARGE RATING 
              EXAMINATIONS.

    Section 3729(c) is amended--
            (1) by inserting ``(1)'' before ``A fee''; and
            (2) by adding at the end the following new paragraph:
    ``(2) A veteran who is rated eligible to receive compensation as a 
result of a pre-discharge disability examination and rating shall be 
treated as receiving compensation for purposes of this subsection as of 
the date on which the veteran is rated eligible to receive compensation 
as a result of the pre-discharge disability examination and rating 
without regard to whether an effective date of the award of 
compensation is established as of that date.''.

                     Subtitle D--Insurance Matters

SEC. 131. PREMIUMS FOR TERM SERVICE DISABLED VETERANS' INSURANCE FOR 
              VETERANS OLDER THAN AGE 70.

    Section 1922 is amended by adding at the end the following new 
subsection:
    ``(c) The premium rate of any term insurance issued under this 
section shall not exceed the renewal age 70 premium rate.''.

SEC. 132. INCREASE IN AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEMBERS' 
              GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE.

    (a) Maximum under Servicemembers' Group Life Insurance.--Section 
1967 is amended in subsections (a), (c), and (d) by striking 
``$200,000'' each place it appears and inserting ``$250,000''.
    (b) Maximum under Veterans' Group Life Insurance.--Section 1977(a) 
is amended by striking ``$200,000'' each place it appears and inserting 
``$250,000''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month that begins more than 120 
days after the date of the enactment of this Act.

SEC. 133. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE.

    (a) Insurable Dependents.--Section 1965 is amended by adding at the 
end the following:
            ``(10) The term `insurable dependent', with respect to a 
        member, means the following:
                    ``(A) The member's spouse.
                    ``(B) A child of the member for so long as the 
                child is unmarried and the member is providing over 50 
                percent of the support of the child.''.
    (b) Insurance Coverage.--(1) Subchapter III of chapter 19 is 
amended by inserting after section 1967 the following new section:
``Sec. 1967A. Insurance of dependents
    ``(a) Subject to the provisions of this section, any policy of 
insurance purchased by the Secretary under section 1966 of this title 
shall also automatically insure against death each insurable dependent 
of a member.
    ``(b)(1) A member insurable under this subchapter may make an 
election not to insure a spouse under this subchapter.
    ``(2) Except as provided in subsection (c)(3), a spouse covered by 
an election under paragraph (1) is not insured under this section.
    ``(3) Except as otherwise provided under this section, no insurable 
dependent of a member is insured under this section unless the member 
is insured under this subchapter.
    ``(c)(1) Subject to an election under paragraph (2), the amount for 
which a person insured under this section is insured under this 
subchapter is as follows:
            ``(A) In the case of a member's spouse, the lesser of--
                    ``(i) the amount for which the member is insured 
                under this subchapter; or
                    ``(ii) $50,000.
            ``(B) In the case of a member's child, $5,000.
    ``(2) A member may elect in writing to insure the member's spouse 
in an amount less than the amount provided for under paragraph (1)(A). 
The amount of insurance so elected shall be evenly divisible by 
$10,000.
    ``(3) If a spouse eligible for insurance under this section is not 
so insured, or is insured for less than the maximum amount provided for 
under subparagraph (A) of paragraph (1) by reason of an election made 
by the member concerned under paragraph (2), the spouse may thereafter 
be insured under this section in the maximum amount or any lesser 
amount elected as provided for in paragraph (2) upon written 
application by the member, proof of good health of the spouse, and 
compliance with such other terms and conditions as may be prescribed by 
the Secretary.
    ``(d)(1) Insurance coverage under this section with respect to an 
insurable dependent of the member shall cease--
            ``(A) upon election made in writing by the member to 
        terminate the coverage; or
            ``(B) the date that is 120 days after the earlier of--
                    ``(i) the date of the member's death;
                    ``(ii) the date of termination of the insurance on 
                the member under this subchapter; or
                    ``(iii) the date on which the insurable dependent 
                of the member no longer meets the criteria applicable 
                to an insurable dependent as specified in section 
                1965(10) of this title.
    ``(2)(A) At the election of an insured spouse whose insurance under 
this subchapter is terminated under paragraph (1), the insurance shall 
be converted to an individual policy of insurance upon written 
application for conversion made to the participating company selected 
by the insured spouse and the payment of the required premiums.
    ``(B) The individual policy of insurance of an insured spouse 
making an election under subparagraph (A) shall become effective on the 
date of the termination of the spouse's insurance under paragraph (1).
    ``(C) The second, fourth, and fifth sentences of section 1977(e) of 
this title shall apply with respect to the insurance of an insured 
spouse under this paragraph.
    ``(e)(1) During any period in which the spouse of a member is 
insured under this section, there shall be deducted each month from the 
member's basic or other pay, or otherwise collected from the member, 
until the member's separation or release from active duty an amount 
determined by the Secretary (which shall be the same for all such 
members) as the premium allocable to the pay period for providing that 
insurance coverage.
    ``(2)(A) The Secretary shall determine the premium amounts to be 
charged for insurance coverage for spouses of members under this 
section.
    ``(B) The premium amounts shall be determined on the basis of sound 
actuarial principles and shall include an amount necessary to cover the 
administrative costs to the insurer or insurers providing such 
insurance.
    ``(C) Each premium rate for the first policy year shall be 
continued for subsequent policy years, except that the rate may be 
adjusted for any such subsequent policy year on the basis of the 
experience under the policy, as determined by the Secretary in advance 
of that policy year.
    ``(3) Any amounts deducted or collected under paragraph (1), 
together with the income derived from any dividends or premium rate 
adjustments received from insurers with respect to insurance under this 
section, shall be deposited to the credit of the revolving fund 
established by section 1969(d) of this title, and shall be available 
for payment and use in accordance with the provisions of that section.
  ``(f) Any amount of insurance in force on an insurable dependent of a 
member under this section on the date of the dependent's death shall be 
paid, upon the establishment of a valid claim therefor, to the member 
or, in the event of the member's death before payment to the member can 
be made, then to the person or persons entitled to receive payment of 
the proceeds of insurance on the member' life under section 1970 of 
this title.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 1967 the 
following new item:

``1967A. Insurance of dependents.''.
    (c) Effective Date and Initial Implementation.--(1) This section 
and the amendments made by this section shall take effect on the first 
day of the first month that begins more than 120 days after the date of 
the enactment of this Act, except that paragraph (2) shall take effect 
on the date of the enactment of this Act.
    (2) The Secretary of Veterans Affairs, in consultation with the 
Secretaries of the military departments, the Secretary of 
Transportation, the Secretary of Commerce, and the Secretary of Health 
and Human Services, shall take such action as is necessary to ensure 
that each member of the uniformed services on active duty (other than 
active duty for training) during the period between the date of the 
enactment of this Act and the effective date under paragraph (1) is 
furnished an explanation of the insurance benefits available for 
dependents under the amendments made by this section and is afforded an 
opportunity before such effective date to make elections that are 
authorized under those amendments to be made with respect to 
dependents.

                       Subtitle E--Burial Matters

SEC. 141. ELIGIBILITY FOR INTERMENT IN THE NATIONAL CEMETERIES OF 
              CERTAIN FILIPINO VETERANS OF WORLD WAR II.

    (a) Eligibility of Certain Commonwealth Army Veterans.--Section 
2402 is amended by adding at the end the following new paragraph:
            ``(8) Any individual whose service is described in section 
        107(a) of this title if such individual at the time of death--
                    ``(A) was a naturalized citizen of the United 
                States; and
                    ``(B) resided in the United States.''.
    (b) Conforming Amendment.--Section 107(a)(3) is amended by striking 
the period at the end and inserting the following: ``, and chapter 24 
of this title to the extent provided for in section 2402(8) of this 
title.''.
    (c) Applicability.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and shall apply with 
respect to deaths occurring on or after that date.

                     Subtitle F--Employment Matters

SEC. 151. VETERANS EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS FOR 
              RECENTLY SEPARATED VETERANS.

    (a) Employment Emphasis.--Subsection (a) of section 4212 is amended 
in the first sentence by inserting ``recently separated veterans,'' 
after ``veterans of the Vietnam era,''.
    (b) Conforming Amendments.--Subsection (d)(1) of that section is 
amended by inserting ``recently separated veterans,'' after ``veterans 
of the Vietnam era,'' each place it appears in subparagraphs (A) and 
(B).
    (c) Recently Separated Veteran Defined.--Section 4211 is amended by 
adding at the end the following new paragraph:
    ``(6) The term `recently separated veteran' means any veteran 
during the one-year period beginning on the date of such veteran's 
discharge or release from active duty.''.

SEC. 152. COMPTROLLER GENERAL AUDIT OF VETERANS EMPLOYMENT AND TRAINING 
              SERVICE OF THE DEPARTMENT OF LABOR.

    (a) Requirement.--The Comptroller General of the United States 
shall carry out a comprehensive audit of the Veterans Employment and 
Training Service of the Department of Labor. The purpose of the audit 
is to provide a basis for future evaluations of the effectiveness of 
the Service is meeting its mission.
    (b) Commencement Date.--The audit required by subsection (a) shall 
commence not earlier than January 1, 2001.
    (c) Elements.--In carrying out the audit of the Veterans Employment 
and Training Service required by subsection (a), the Comptroller 
General shall--
            (1) review the requirements applicable to the Service under 
        law, including requirements under title 38, United States Code, 
        and the regulations thereunder;
            (2) evaluate the organizational structure of the Service; 
        and
            (3) evaluate or assess any other matter relating to the 
        Service that the Comptroller General considers appropriate for 
        the purpose specified in subsection (a).
    (d) Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the audit carried out under subsection (a). 
The report shall include--
            (1) the results of the audit; and
            (2) any recommendations that the Comptroller General 
        considers appropriate regarding the organization or functions 
        of the Veterans Employment and Training Service of the 
        Department of Labor.

      Subtitle G--Benefits for Children of Female Vietnam Veterans

SEC. 161. SHORT TITLE.

    This subtitle may be cited as the ``Children of Women Vietnam 
Veterans' Benefits Act of 2000''.

SEC. 162. BENEFITS FOR THE CHILDREN OF FEMALE VIETNAM VETERANS WHO 
              SUFFER FROM CERTAIN BIRTH DEFECTS.

    (a) In General.--Chapter 18 is amended by adding at the end the 
following new subchapter:

``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN 
                             BIRTH DEFECTS

``Sec. 1811. Definitions
    ``In this subchapter:
            ``(1) The term `child', with respect to a female Vietnam 
        veteran, means a natural child of the female Vietnam veteran, 
        regardless of age or marital status, who was conceived after 
        the date on which the female Vietnam veteran first entered the 
        Republic of Vietnam during the Vietnam era (as specified in 
        section 101(29)(A) of this title).
            ``(2) The term `covered birth defect' means each birth 
        defect identified by the Secretary under section 1812 of this 
        title.
            ``(3) The term `female Vietnam veteran' means any female 
        individual who performed active military, naval, or air service 
        in the Republic of Vietnam during the Vietnam era (as so 
        specified), without regard to the characterization of the 
        individual's service.
``Sec. 1812. Birth defects covered
    ``(a) Identification.--Subject to subsection (b), the Secretary 
shall identify the birth defects of children of female Vietnam veterans 
that--
            ``(1) are associated with the service of female Vietnam 
        veterans in the Republic of Vietnam during the Vietnam era (as 
        specified in section 101(29)(A) of this title); and
            ``(2) result in the permanent physical or mental disability 
        of such children.
    ``(b) Limitations.--(1) The birth defects identified under 
subsection (a) may not include birth defects resulting from the 
following:
            ``(A) A familial disorder.
            ``(B) A birth-related injury.
            ``(C) A fetal or neonatal infirmity with well-established 
        causes.
    ``(2) The birth defects identified under subsection (a) may not 
include spina bifida.
    ``(c) List.--The Secretary shall prescribe in regulations a list of 
the birth defects identified under subsection (a).
``Sec. 1813. Benefits and assistance
    ``(a) Health Care.--(1) The Secretary shall provide a child of a 
female Vietnam veteran who was born with a covered birth defect such 
health care as the Secretary determines is needed by the child for such 
birth defect or any disability that is associated with such birth 
defect.
    ``(2) The Secretary may provide health care under this subsection 
directly or by contract or other arrangement with a health care 
provider.
    ``(3) For purposes of this subsection, the definitions in section 
1803(c) of this title shall apply with respect to the provision of 
health care under this subsection, except that for such purposes--
            ``(A) the reference to `specialized spina bifida clinic' in 
        paragraph (2) of such section 1803(c) shall be treated as a 
        reference to a specialized clinic treating the birth defect 
        concerned under this subsection; and
            ``(B) the reference to `vocational training under section 
        1804 of this title' in paragraph (8) of such section 1803(c) 
        shall be treated as a reference to vocational training under 
        subsection (b).
    ``(b) Vocational Training.--(1) The Secretary may provide a program 
of vocational training to a child of a female Vietnam veteran who was 
born with a covered birth defect if the Secretary determines that the 
achievement of a vocational goal by the child is reasonably feasible.
    ``(2) Subsections (b) through (e) of section 1804 of this title 
shall apply with respect to any program of vocational training provided 
under paragraph (1).
    ``(c) Monetary Allowance.--(1) The Secretary shall pay a monthly 
allowance to any child of a female Vietnam veteran who was born with a 
covered birth defect for any disability resulting from such birth 
defect.
    ``(2) The amount of the monthly allowance paid under this 
subsection shall be based on the degree of disability suffered by the 
child concerned, as determined in accordance with a schedule for rating 
disabilities resulting from covered birth defects that is prescribed by 
the Secretary.
    ``(3) In prescribing a schedule for rating disabilities under 
paragraph (2), the Secretary shall establish four levels of disability 
upon which the amount of the monthly allowance under this subsection 
shall be based.
    ``(4) The amount of the monthly allowance paid under this 
subsection shall be as follows:
            ``(A) In the case of a child suffering from the lowest 
        level of disability prescribed in the schedule for rating 
        disabilities under this subsection, $100.
            ``(B) In the case of a child suffering from the lower 
        intermediate level of disability prescribed in the schedule for 
        rating disabilities under this subsection, the greater of--
                    ``(i) $214; or
                    ``(ii) the monthly amount payable under section 
                1805(b)(3) of this title for the lowest level of 
                disability prescribed for purposes of that section.
            ``(C) In the case of a child suffering from the higher 
        intermediate level of disability prescribed in the schedule for 
        rating disabilities under this subsection, the greater of--
                    ``(i) $743; or
                    ``(ii) the monthly amount payable under section 
                1805(b)(3) of this title for the intermediate level of 
                disability prescribed for purposes of that section.
            ``(D) In the case of a child suffering from the highest 
        level of disability prescribed in the schedule for rating 
        disabilities under this subsection, the greater of--
                    ``(i) $1,272; or
                    ``(ii) the monthly amount payable under section 
                1805(b)(3) of this title for the highest level of 
                disability prescribed for purposes of that section.
    ``(5) Amounts under subparagraphs (A), (B)(i), (C)(i), and (D)(i) 
of paragraph (4) shall be subject to adjustment from time to time under 
section 5312 of this title.
    ``(6) Subsections (c) and (d) of section 1805 of this title shall 
apply with respect to any monthly allowance paid under this subsection.
    ``(d) General Limitations on Availability of Benefits and 
Assistance.--(1) No individual receiving benefits or assistance under 
this section may receive any benefits or assistance under subchapter I 
of this chapter.
    ``(2) In any case where affirmative evidence establishes that the 
covered birth defect of a child results from a cause other than the 
active military, naval, or air service in the Republic of Vietnam of 
the female Vietnam veteran who is the mother of the child, no benefits 
or assistance may be provided the child under this section.
    ``(e) Regulations.--The Secretary shall prescribe regulations for 
purposes of the administration of the provisions of this section.''.
    (b) Administrative Provisions.--Chapter 18 is further amended by 
inserting after subchapter II, as added by subsection (a) of this 
section, the following new subchapter:

                ``SUBCHAPTER III--ADMINISTRATIVE MATTERS

``Sec. 1821. Applicability of certain administrative provisions
    ``The provisions of sections 5101(c), 5110(a), (b)(2), (g), and 
(i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and (b)(10) of this 
title shall apply with respect to benefits and assistance under this 
chapter in the same manner as such provisions apply to veterans' 
disability compensation.
``Sec. 1822. Treatment of receipt of monetary allowance on other 
              benefits
    ``(a) Notwithstanding any other provision of law, receipt by an 
individual of a monetary allowance under this chapter shall not impair, 
infringe, or otherwise affect the right of the individual to receive 
any other benefit to which the individual is otherwise entitled under 
any law administered by the Secretary.
    ``(b) Notwithstanding any other provision of law, receipt by an 
individual of a monetary allowance under this chapter shall not impair, 
infringe, or otherwise affect the right of any other individual to 
receive any benefit to which such other individual is entitled under 
any law administered by the Secretary based on the relationship of such 
other individual to the individual who receives such monetary 
allowance.
    ``(c) Notwithstanding any other provision of law, a monetary 
allowance paid an individual under this chapter shall not be considered 
as income or resources in determining eligibility for or the amount of 
benefits under any Federal or Federally-assisted program.''.
    (c) Repeal of Superseded Matter.--(1) Subsections (c) and (d) of 
section 1805 are repealed.
    (2) Section 1806 is repealed.
    (d) Redesignation of Existing Matter.--Chapter 18 is further 
amended by inserting before section 1801 the following:

 ``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA''.

    (e) Conforming Amendments.--(1) Sections 1801 and 1802 are each 
amended by striking ``this chapter'' and inserting ``this subchapter''.
    (2) Section 1805(a) is amended by striking ``this chapter'' and 
inserting ``this section''.
    (f) Clerical Amendments.--(1)(A) The chapter heading of chapter 18 
is amended to read as follows:

       ``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS''.

    (1) The tables of chapters at beginning, and at the beginning of 
part II, are each amended by striking the item relating to chapter 18 
and inserting the following new item:

``18. Benefits for Children of Vietnam Veterans.............    1801''.
    (2) The table of sections at the beginning of chapter 18 is 
amended--
            (A) by inserting after the chapter heading the following:

 ``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA'';

            (B) by striking the item relating to section 1806; and
            (C) by adding at the end the following:

``SUBCHAPTER II--CHILDREN OF FEMALE VIETNAM VETERANS BORN WITH CERTAIN 
                             BIRTH DEFECTS

``1811. Definitions.
``1812. Birth defects covered.
``1813. Benefits and assistance.

                ``SUBCHAPTER III--ADMINISTRATIVE MATTERS

``1821. Applicability of certain administrative provisions.
``1822. Treatment of receipt of monetary allowance on other 
                            benefits.''.
    (g) Applicability.--(1) Except as provided in paragraph (2), the 
amendments made by this section shall take effect on the first day of 
the first month beginning more than one year after the date of the 
enactment of this Act.
    (2) The Secretary of Veterans Affairs shall identify birth defects 
under section 1822 of title 38, United States Code (as added by 
subsection (a) of this section), and shall prescribe the regulations 
required by subchapter II of that title (as so added), not later than 
the effective date specified in paragraph (1).
    (3) No benefit or assistance may be provided under subchapter II of 
chapter 18 of title 38, United States Code (as so added), for any 
period before the effective date specified in paragraph (1) by reason 
of the amendments made by this section.

                   Subtitle H--Other Benefits Matters

SEC. 171. REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE DEFENSE THREAT 
              REDUCTION AGENCY.

    (a) Review by National Academy of Sciences.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall enter into a contract with the National Academy of Sciences to 
carry out periodic reviews of the dose reconstruction program of the 
Defense Threat Reduction Agency.
    (b) Review Activities.--The periodic reviews of the dose 
reconstruction program under the contract under subsection (a) shall 
consist of the periodic selection of random samples of doses 
reconstructed by the Defense Threat Reduction Agency in order to 
determine--
            (1) whether or not the reconstruction of the sampled doses 
        is accurate;
            (2) whether or not the reconstructed dosage number is 
        accurately reported;
            (3) whether or not the assumptions made regarding radiation 
        exposure based upon the sampled doses are credible; and
            (4) whether or not the data from nuclear tests used by the 
        Defense Threat Reduction Agency as part of the reconstruction 
        of the sampled doses is accurate.
    (c) Duration of Review.--The periodic reviews under the contract 
under subsection (a) shall occur over a period of 24 months.
    (d) Report.--(1) Not later than 60 days after the conclusion of the 
period referred to in subsection (c) the National Academy of Sciences 
shall submit to Congress a report on its activities under the contract 
under this section.
    (2) The report shall include the following:
            (A) A detailed description of the activities of the 
        National Academy of Sciences under the contract.
            (B) Any recommendations that the National Academy of 
        Sciences considers appropriate regarding a permanent system of 
        review of the dose reconstruction program of the Defense Threat 
        Reduction Agency.

                     TITLE II--HEALTH CARE MATTERS

SEC. 201. VETERANS NOT SUBJECT TO COPAYMENTS FOR MEDICATIONS.

    Subparagraph (B) of section 1722A(a)(3) is amended to read as 
follows:
            ``(B) to a veteran who is considered by the Secretary to be 
        unable to defray the expenses of necessary care under section 
        1722 of this title.''.

SEC. 202. ESTABLISHMENT OF POSITION OF ADVISOR ON PHYSICIAN ASSISTANTS 
              WITHIN OFFICE OF UNDERSECRETARY FOR HEALTH.

    (a) Establishment.--Subsection (a) of section 7306 is amended--
            (1) by redesignating paragraph (9) as paragraph (10); and
            (2) by inserting after paragraph (8) the following new 
        paragraph (9):
            ``(9) The Advisor on Physician Assistants, who shall carry 
        out the responsibilities set forth in subsection (f).''.
    (b) Responsibilities.--That section is further amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection (f):
    ``(f) The Advisor on Physician Assistants under subsection (a)(9) 
shall--
            ``(1) advise the Under Secretary for Health on matters 
        regarding the optimal utilization of physician assistants by 
        the Veterans Health Administration;
            ``(2) advise the Under Secretary for Health on the 
        feasibility and desirability of establishing clinical 
        privileges and practice areas for physician assistants in the 
        Administration;
            ``(3) develop initiatives to facilitate the utilization of 
        the full range of clinical capabilities of the physician 
        assistants employed by the Administration;
            ``(4) provide advice on policies affecting the employment 
        of physician assistants by the Administration, including 
        policies on educational requirements, national certification, 
        recruitment and retention, staff development, and the 
        availability of educational assistance (including scholarship, 
        tuition reimbursement, and loan repayment assistance); and
            ``(5) carry out such other responsibilities as the Under 
        Secretary for Health shall specify.''.

SEC. 203. TEMPORARY FULL-TIME APPOINTMENTS OF CERTAIN MEDICAL 
              PERSONNEL.

    (a) Physician Assistants Awaiting Certification or Licensure.--
Paragraph (2) of section 7405(c) is amended--
            (1) by striking ``nursing,'' and inserting ``nursing''; and
            (2) by inserting ``who have successfully completed a full 
        course of training as a physician assistant in a recognized 
        school approved by the Secretary,'' before ``or who''.
    (b) Medical Support Personnel.--That section is further amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(3)(A) Temporary full-time appointments of persons in positions 
referred to in subsection (a)(1)(D) shall not exceed three years.
    ``(B) Temporary full-time appointments under this paragraph may be 
renewed for one or more additional periods not in excess of three years 
each.''.

             TITLE III--CONSTRUCTION AND FACILITIES MATTERS

                    Subtitle A--Construction Matters

SEC. 301. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS FOR FISCAL 
              YEAR 2001.

    The Secretary of Veterans Affairs may carry out the following major 
medical projects, with each project to be carried out in the amount 
specified for that project:
            (1) Construction of a 120-bed gero-psychiatric facility at 
        the Department of Veterans Affairs Palo Alto Health Care 
        System, Menlo Park Division, California, $26,600,000.
            (2) Construction of a nursing home at the Department of 
        Veterans Affairs Medical Center, Beckley, West Virginia, 
        $9,500,000.

SEC. 302. AUTHORIZATION OF ADDITIONAL MAJOR MEDICAL FACILITY PROJECT 
              FOR FISCAL YEAR 2000.

    Section 401 of the Veterans Millennium Health Care and Benefits Act 
(Public Law 106-117; 113 Stat. 1572) is amended by adding at the end 
the following:
            ``(7) Renovation of psychiatric nursing units at the 
        Department of Veterans Affairs Medical Center, Murfreesboro, 
        Tennessee, in an amount not to exceed $14,000,000.''.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for Fiscal Year 2001 
Projects.--There are authorized to be appropriated to the Secretary of 
Veterans Affairs for fiscal year 2001 and for fiscal year 2002, 
$36,100,000 for the Construction, Major Projects, account for the 
projects authorized in section 301.
    (b) Authorization of Appropriations for Additional Fiscal Year 2000 
Project.--Section 403 of the Veterans Millennium Health Care and 
Benefits Act (Public Law 106-117; 113 Stat. 1573) is amended--
            (1) in subsection (a)(1), by striking ``$57,500,000 for the 
        projects authorized in paragraphs (1) through (5)'' and 
        inserting ``$71,500,000 for the projects authorized in 
        paragraphs (1) through (5) and (7)''; and
            (2) in subsection (b), by inserting ``and (7)'' after 
        ``through (5)'' in the matter preceding paragraph (1).
    (c) Limitation.--The projects authorized in section 301 may only be 
carried out using--
            (1) funds appropriated for fiscal year 2001 or fiscal year 
        2002 pursuant to the authorization of appropriations in 
        subsection (a);
            (2) funds appropriated for Construction, Major Projects for 
        a fiscal year before fiscal year 2001 that remain available for 
        obligation; and
            (3) funds appropriated for Construction, Major Projects for 
        fiscal year 2001 for a category of activity not specific to a 
        project.

                       Subtitle B--Other Matters

SEC. 311. MAXIMUM TERM OF LEASE OF DEPARTMENT OF VETERANS AFFAIRS 
              PROPERTY FOR HOMELESS PURPOSES.

    Section 3735(a)(4) is amended by striking ``three years'' and 
inserting ``20 years''.

SEC. 312. LAND CONVEYANCE, MILES CITY VETERANS ADMINISTRATION MEDICAL 
              COMPLEX, MILES CITY, MONTANA.

    (a) Conveyance Required.--The Secretary of Veterans Affairs shall 
convey, without consideration, to Custer County, Montana (in this 
section referred to as the ``County''), all right, title, and interest 
of the United States in and to the parcels of real property consisting 
of the Miles City Veterans Administration Medical Center complex, which 
has served as a medical and support complex for the Department of 
Veterans Affairs in Miles City, Montana.
    (b) Timing of Conveyance.--The conveyance required by subsection 
(a) shall be made as soon as practicable after the date of the 
enactment of this Act.
    (c) Conditions of Conveyance.--The conveyance required by 
subsection (a) shall be subject to the condition that the County--
            (1) use the parcels conveyed, whether directly or through 
        an agreement with a public or private entity, for veterans 
        activities, community and economic development, or such other 
        public purposes as the County considers appropriate; or
            (2) convey the parcels to an appropriate public or private 
        entity for use for the purposes specified in paragraph (1).
    (d) Conveyance of Improvements.--(1) As part of the conveyance 
required by subsection (a), the Secretary may also convey to the County 
any improvements, equipment, fixtures, and other personal property 
located on the parcels conveyed under that subsection that are not 
required by the Secretary.
    (2) Any conveyance under this subsection shall be without 
consideration.
    (e) Use Pending Conveyance.--Until such time as the real property 
to be conveyed under subsection (a) is conveyed by deed under this 
section, the Secretary may continue to lease the real property, 
together with any improvements thereon, under the terms and conditions 
of the current lease of the real property.
    (f) Maintenance Pending Conveyance.--The Secretary shall be 
responsible for maintaining the real property to be conveyed under 
subsection (a), and any improvements, equipment, fixtures, and other 
personal property to be conveyed under subsection (d), in its condition 
as of the date of the enactment of this Act until such time as the real 
property, and such improvements, equipment, fixtures, and other 
personal property are conveyed by deed under this section.
    (g) Legal Description.--The exact acreage and legal description of 
the real property to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary.
    (h) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under this section as the Secretary determines appropriate to protect 
the interests of the United States.

SEC. 313. CONVEYANCE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
              CENTER, COLORADO, TO THE STATE OF COLORADO.

    (a) Conveyance Authorized.--Notwithstanding any other provision of 
law and subject to the provisions of this section, the Secretary of 
Veterans Affairs may convey, without consideration, to the State of 
Colorado all right, title, and interest of the United States in and to 
a parcel of real property, including improvements thereon, consisting 
of approximately 512 acres and comprising the location of the Ft. Lyon 
Department of Veterans Affairs Medical Center. The purpose of the 
conveyance is to permit the State of Colorado to utilize the property 
for purposes of a correctional facility.
    (b) Public Access.--(1) The Secretary may not make the conveyance 
of real property authorized by subsection (a) unless the State of 
Colorado agrees to provide appropriate public access to Kit Carson 
Chapel, which is located on the real property, and the cemetery located 
adjacent to the real property.
    (2) The State of Colorado may satisfy the condition specified in 
paragraph (1) with respect to Kit Carson Chapel by relocating the 
chapel to Fort Lyon National Cemetery, Colorado, or another appropriate 
location approved by the Secretary.
    (c) Plan Regarding Conveyance.--(1) The Secretary may not make the 
conveyance authorized by subsection (a) before the date on which the 
Secretary implements a plan providing the following:
            (A) Notwithstanding sections 1720(a)(3) and 1741 of title 
        38, United States Code, that veterans who are receiving 
        inpatient or institutional long-term care at Ft. Lyon 
        Department of Veterans Affairs Medical Center as of the date of 
        the enactment of this Act are provided appropriate inpatient or 
        institutional long-term care under the same terms and 
        conditions as such veterans are receiving inpatient or 
        institutional long-term care as of that date.
            (B) That the conveyance of the Ft. Lyon Department of 
        Veterans Affairs Medical Center does not result in a reduction 
        of health care services available to veterans in the catchment 
        area of the Medical Center.
            (C) Improvements in veterans' overall access to health care 
        in the catchment area through, for example, the opening of 
        additional outpatient clinics.
    (2) The Secretary shall prepare the plan referred to in paragraph 
(1) in consultation with appropriate representatives of veterans 
service organizations and other appropriate organizations.
    (3) The Secretary shall publish a copy of the plan referred to in 
paragraph (1) before implementation of the plan.
    (d) Environmental Restoration.--The Secretary may not make the 
conveyance authorized by subsection (a) until the Secretary completes 
the evaluation and performance of any environmental restoration 
activities required by the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and 
by any other provision of law.
    (e) Personal Property.--As part of the conveyance authorized by 
subsection (a), the Secretary may convey, without consideration, to the 
State of Colorado any furniture, fixtures, equipment, and other 
personal property associated with the property conveyed under that 
subsection that the Secretary determines is not required for purposes 
of the Department of Veterans Affairs health care facilities to be 
established by the Secretary in southern Colorado or for purposes of 
Fort Lyon National Cemetery.
    (f) Legal Description.--The exact acreage and legal description of 
the real property to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. Any costs 
associated with the survey shall be borne by the State of Colorado.
    (g) Additional Terms and Conditions.--The Secretary may require 
such other terms and conditions in connection with the conveyances 
authorized by subsections (a) and (e) as the Secretary considers 
appropriate to protect the interests of the United States.

SEC. 314. EFFECT OF CLOSURE OF FT. LYON DEPARTMENT OF VETERANS AFFAIRS 
              MEDICAL CENTER ON ADMINISTRATION OF HEALTH CARE FOR 
              VETERANS.

    (a) Payment for Nursing Home Care.--Notwithstanding any limitation 
under section 1720 or 1741 of title 38, United States Code, the 
Secretary of Veterans Affairs may pay the State of Colorado, or any 
private nursing home care facility, for costs incurred in providing 
nursing home care to any veteran who is relocated from the Ft. Lyon 
Department of Veterans Affairs Medical Center, Colorado, to the State 
of Colorado or such private facility, as the case may be, as a result 
of the closure of the Ft. Lyon Department of Veterans Affairs Medical 
Center.
    (b) Obligation To Provide Extended Care Services.--Nothing in 
section 313 of this Act or this section may be construed to alter or 
otherwise effect the obligation of the Secretary to meet the 
requirements of section 1710B(b) of title 38, United States Code, 
relating to staffing and levels of extended care services in fiscal 
years after fiscal year 1998.
    (c) Extension of Voluntary Early Retirement Authority.--
Notwithstanding section 1109(a) of the Department of Veterans Affairs 
Employment Reduction Assistance Act of 1999 (title XI of Public Law 
106-117; 113 Stat. 1599; 5 U.S.C. 5597 note), the authority to pay 
voluntary separation incentive payments under that Act to employees of 
the Ft. Lyon Department of Veterans Affairs Medical Center shall apply 
to eligible employees (as defined by section 1110 of that Act) at the 
Ft. Lyon Department of Veterans Affairs Medical Center whose separation 
occurs before June 30, 2001.
    (d) Report on Veterans Health Care in Southern Colorado.--Not later 
than one year after the conveyance, if any, authorized by section 313, 
the Under Secretary for Health of the Department of Veterans Affairs, 
acting through the Director of Veterans Integrated Service Network 
(VISN) 19, shall submit to the Committees on Veterans' Affairs of the 
Senate and the House of Representatives a report on the status of the 
health care system for veterans under the Network in the Southern 
Colorado. The report shall describe any improvements to the system in 
Southern Colorado that have been put into effect in the period 
beginning on the date of the conveyance and ending on the date of the 
report.
            Amend the title to read as follows: ``A Bill to amend title 
        38, United States Code, to expand and improve compensation and 
        pension, education, housing loan, insurance, and other benefits 
        for veterans, and for other purposes.''.
                                                       Calendar No. 787

106th CONGRESS

  2d Session

                                S. 1810

                          [Report No. 106-397]

Rule___________________________________________________________________

                                 A BILL

To amend title 38, United States Code, to clarify and improve veterans' 
                    claims and appellate procedures.

Rule___________________________________________________________________

                           September 6, 2000

        Reported with an amendment and an amendment to the title




106th CONGRESS

  2d Session

                                 S.    

_______________________________________________________________________

                                 A BILL



_______________________________________________________________________



            Read twice and referred to the Committee on