[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[House]
[Pages H10435-H10452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     VETERANS' BENEFITS ACT OF 1997

  Mr. STUMP. Madam Speaker, I move to suspend the rules and pass the 
Senate bill (S. 714) to extend and improve the Native American Veteran 
Housing Loan Pilot Program of the Department of Veterans Affairs, to 
extend certain authorities of the Secretary of Veterans Affairs 
relating to services for homeless veterans, to extend certain other 
authorities of the Secretary, and for other purposes, as amended.

[[Page H10436]]

  The Clerk read as follows:

                                 S. 714

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Benefits Act of 1997''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

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

  TITLE I--EQUAL EMPLOYMENT OPPORTUNITY PROCESS IN THE DEPARTMENT OF 
                            VETERANS AFFAIRS

Sec. 101. Equal employment responsibilities.
Sec. 102. Discrimination complaint adjudication authority.
Sec. 103. Assessment and review of Department of Veterans Affairs 
              employment discrimination complaint resolution system.

           TITLE II--EXTENSION AND IMPROVEMENT OF AUTHORITIES

Sec. 201. Native American Veteran Housing Loan Program.
Sec. 202. Treatment and rehabilitation for seriously mentally ill and 
              homeless veterans.
Sec. 203. Extension of certain authorities relating to homeless 
              veterans.
Sec. 204. Annual report on assistance to homeless veterans.
Sec. 205. Expansion of authority for enhanced-use leases of Department 
              of Veterans Affairs real property.
Sec. 206. Permanent authority to furnish noninstitutional alternatives 
              to nursing home care.
Sec. 207. Extension of Health Professional Scholarship Program.
Sec. 208. Policy on breast cancer mammography.
Sec. 209. Persian Gulf War veterans.
Sec. 210. Presidential report on preparations for a national response 
              to medical emergencies arising from the terrorist use of 
              weapons of mass destruction.

 TITLE III--MAJOR MEDICAL FACILITY PROJECTS CONSTRUCTION AUTHORIZATION

Sec. 301. Authorization of major medical facility projects.
Sec. 302. Authorization of major medical facility leases.
Sec. 303. Authorization of appropriations.

             TITLE IV--TECHNICAL AND CLARIFYING AMENDMENTS

Sec. 401. Technical amendments.
Sec. 402. Clarification of certain health care authorities.
Sec. 403. Correction of name of medical center.
Sec. 404. Improvement to spina bifida benefits for children of Vietnam 
              veterans.

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

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 38, United States Code.
  TITLE I--EQUAL EMPLOYMENT OPPORTUNITY PROCESS IN THE DEPARTMENT OF 
                            VETERANS AFFAIRS

     SEC. 101. EQUAL EMPLOYMENT RESPONSIBILITIES.

       (a) In General.--(1) Chapter 5 is amended by inserting at 
     the end of subchapter I the following new section:

     ``Sec. 516. Equal employment responsibilities

       ``(a) The Secretary shall provide that the employment 
     discrimination complaint resolution system within the 
     Department be established and administered so as to encourage 
     timely and fair resolution of concerns and complaints. The 
     Secretary shall take steps to ensure that the system is 
     administered in an objective, fair, and effective manner and 
     in a manner that is perceived by employees and other 
     interested parties as being objective, fair, and effective.
       ``(b) The Secretary shall provide--
       ``(1) that employees responsible for counseling functions 
     associated with employment discrimination and for receiving, 
     investigating, and processing complaints of employment 
     discrimination shall be supervised in those functions by, and 
     report to, an Assistant Secretary or a Deputy Assistant 
     Secretary for complaint resolution management; and
       ``(2) that employees performing employment discrimination 
     complaint resolution functions at a facility of the 
     Department shall not be subject to the authority, direction, 
     and control of the Director of the facility with respect to 
     those functions.
       ``(c) The Secretary shall ensure that all employees of the 
     Department receive adequate education and training for the 
     purposes of this section and section 319 of this title.
       ``(d) The Secretary shall, when appropriate, impose 
     disciplinary measures, as authorized by law, in the case of 
     employees of the Department who engage in unlawful employment 
     discrimination, including retaliation against an employee 
     asserting rights under an equal employment opportunity law.
       ``(e)(1)(A) Not later than 30 days after the end of each 
     calendar quarter, the Assistant Secretary for Human Resources 
     and Administration shall submit to the Committees on 
     Veterans' Affairs of the Senate and House of Representatives 
     a report summarizing the employment discrimination complaints 
     filed against the individuals referred to in paragraph (2) 
     during such quarter.
       ``(B) Subparagraph (A) shall apply in the case of 
     complaints filed against individuals on the basis of such 
     individuals' personal conduct and shall not apply in the case 
     of complaints filed solely on the basis of such individuals' 
     positions as officials of the Department.
       ``(2) Paragraph (1) applies to the following officers and 
     employees of the Department:
       ``(A) The Secretary.
       ``(B) The Deputy Secretary of Veterans Affairs.
       ``(C) The Under Secretary for Health and the Under 
     Secretary for Benefits.
       ``(D) Each Assistant Secretary of Veterans Affairs and each 
     Deputy Assistant Secretary of Veterans Affairs.
       ``(E) The Director of the National Cemetery System.
       ``(F) The General Counsel of the Department.
       ``(G) The Chairman of the Board of Veterans' Appeals.
       ``(H) The Chairman of the Board of Contract Appeals of the 
     Department.
       ``(I) The director and the chief of staff of each medical 
     center of the Department.
       ``(J) The director of each Veterans Integrated Services 
     Network.
       ``(K) The director of each regional office of the 
     Department.
       ``(L) Each program director of the Central Office of the 
     Department.
       ``(3) Each report under this subsection--
       ``(A) may not disclose information which identifies the 
     individuals filing, or the individuals who are the subject 
     of, the complaints concerned or the facilities at which the 
     discrimination identified in such complaints is alleged to 
     have occurred;
       ``(B) shall summarize such complaints by type and by equal 
     employment opportunity field office area in which filed; and
       ``(C) shall include copies of such complaints, with the 
     information described in subparagraph (A) redacted.
       ``(4) Not later than April 1 each year, the Assistant 
     Secretary shall submit to the committees referred to in 
     paragraph (1)(A) a report on the complaints covered by 
     paragraph (1) during the preceding year, including the number 
     of such complaints filed during that year and the status and 
     resolution of the investigation of such complaints.
       ``(f) The Secretary shall ensure that an employee of the 
     Department who seeks counseling relating to employment 
     discrimination may elect to receive such counseling from an 
     employee of the Department who carries out equal employment 
     opportunity counseling functions on a full-time basis rather 
     than from an employee of the Department who carries out such 
     functions on a part-time basis.
       ``(g) The number of employees of the Department whose 
     duties include equal employment opportunity counseling 
     functions as well as other, unrelated functions may not 
     exceed 40 full-time equivalent employees. Any such employee 
     may be assigned equal employment opportunity counseling 
     functions only at Department facilities in remote geographic 
     locations (as determined by the Secretary). The Secretary may 
     waive the limitation in the preceding sentence in specific 
     cases.
       ``(h) The provisions of this section shall be implemented 
     in a manner consistent with procedures applicable under 
     regulations prescribed by the Equal Employment Opportunity 
     Commission.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     515 the following new item:

``516. Equal employment responsibilities.''.

       (b) Reports.--(1) The Secretary of Veterans Affairs shall 
     submit to Congress reports on the implementation and 
     operation of the equal employment opportunity system within 
     the Department of Veterans Affairs. The first such report 
     shall be submitted not later than April 1, 1998, and 
     subsequent reports shall be submitted not later than January 
     1, 1999, and January 1, 2000.
       (2) The first report under paragraph (1) shall set forth 
     the actions taken by the Secretary to implement section 516 
     of title 38, United States Code, as added by subsection (a), 
     and other actions taken by the Secretary in relation to the 
     equal employment opportunity system within the Department of 
     Veterans Affairs.
       (3) The subsequent reports under paragraph (1) shall set 
     forth, for each equal employment opportunity field office of 
     the Department and for the Department as a whole, the 
     following:
       (A) Any information to supplement the information submitted 
     in the report under paragraph (2) that the Secretary 
     considers appropriate.
       (B) The number of requests for counseling relating to 
     employment discrimination received during the one-year period 
     ending on the date of the report concerned.
       (C) The number of employment discrimination complaints 
     received during such period.
       (D) The status of each complaint described in subparagraph 
     (C), including whether or not the complaint was resolved and, 
     if resolved, whether the employee concerned sought review of 
     the resolution by the Equal Employment Opportunity Commission 
     or by Federal court.

[[Page H10437]]

       (E) The number of employment discrimination complaints that 
     were settled during such period, including--
       (i) the type of such complaints; and
       (ii) the terms of settlement (including any settlement 
     amount) of each such complaint.
       (c) Effective Date.--Section 516 of title 38, United States 
     Code, as added by subsection (a), shall take effect 90 days 
     after the date of enactment of this Act. Subsection (e) of 
     that section shall take effect with respect to the first 
     quarter of calendar year 1998.

     SEC. 102. DISCRIMINATION COMPLAINT ADJUDICATION AUTHORITY.

       (a) In General.--(1) Chapter 3 is amended by adding at the 
     end the following new section:

     ``Sec. 319. Office of Employment Discrimination Complaint 
       Adjudication

       ``(a)(1) There is in the Department an Office of Employment 
     Discrimination Complaint Adjudication. There is at the head 
     of the Office a Director.
       ``(2) The Director shall be a career appointee in the 
     Senior Executive Service.
       ``(3) The Director reports directly to the Secretary or the 
     Deputy Secretary concerning matters within the responsibility 
     of the Office.
       ``(b)(1) The Director is responsible for making the final 
     agency decision within the Department on the merits of any 
     employment discrimination complaint filed by an employee, or 
     an applicant for employment, with the Department. The 
     Director shall make such decisions in an impartial and 
     objective manner.
       ``(2) No person may make any ex parte communication to the 
     Director or to any employee of the Office with respect to a 
     matter on which the Director has responsibility for making a 
     final agency decision.
       ``(c) Whenever the Director has reason to believe that 
     there has been retaliation against an employee by reason of 
     the employee asserting rights under an equal employment 
     opportunity law, the Director shall report the suspected 
     retaliatory action directly to the Secretary or Deputy 
     Secretary, who shall take appropriate action thereon.
       ``(d)(1) The Office shall employ a sufficient number of 
     attorneys and other personnel as are necessary to carry out 
     the functions of the Office. Attorneys shall be compensated 
     at a level commensurate with attorneys employed by the Office 
     of the General Counsel.
       ``(2) The Secretary shall ensure that the Director is 
     furnished sufficient resources in addition to personnel under 
     paragraph (1) to enable the Director to carry out the 
     functions of the Office in a timely manner.
       ``(3) The Secretary shall ensure that any performance 
     appraisal of the Director of the Office of Employment 
     Discrimination Complaint Adjudication or of any employee of 
     the Office does not take into consideration the record of the 
     Director or employee in deciding cases for or against the 
     Department.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``319. Office of Employment Discrimination Complaint Adjudication.''.

       (b) Reports on Implementation.--The Director of the Office 
     of Employment Discrimination Complaint Adjudication of the 
     Department of Veterans Affairs (established by section 319 of 
     title 38, United States Code, as added by subsection (a)) 
     shall submit to the Secretary of Veterans Affairs and to 
     Congress reports on the implementation and the operation of 
     that office. The first such report shall be submitted not 
     later than April 1, 1998, and subsequent reports shall be 
     submitted not later than January 1, 1999, and January 1, 
     2000.
       (c) Effective Date.--Section 319 of title 38, United States 
     Code, as added by subsection (a), shall take effect 90 days 
     after the date of enactment of this Act.

     SEC. 103. ASSESSMENT AND REVIEW OF DEPARTMENT OF VETERANS 
                   AFFAIRS EMPLOYMENT DISCRIMINATION COMPLAINT 
                   RESOLUTION SYSTEM.

       (a) Agreement for Assessment and Review.--(1) The Secretary 
     of Veterans Affairs shall seek to enter into an agreement 
     with a qualified private entity under which agreement the 
     entity shall carry out the assessment described in subsection 
     (b) and the review described in subsection (c).
       (2) The Secretary shall include in the agreement provisions 
     necessary to ensure that the entity carries out its 
     responsibilities under the agreement (including the exercise 
     of its judgments concerning the assessment and review) in a 
     manner free of influence from any source, including the 
     officials and employees of the Department of Veterans 
     Affairs.
       (3) The Secretary may not enter into the agreement until 15 
     days after the date on which the Secretary notifies the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives of the entity with which the Secretary 
     proposes to enter into the agreement.
       (b) Initial Assessment of System.--(1) Under the agreement 
     under subsection (a), the entity shall conduct an assessment 
     of the employment discrimination complaint resolution system 
     administered within the Department of Veterans Affairs, 
     including the extent to which the system meets the objectives 
     set forth in section 516(a) of title 38, United States Code, 
     as added by section 101. The assessment shall include a 
     comprehensive description of the system as of the time of the 
     assessment.
       (2) Under the agreement, the entity shall submit the 
     assessment to the committees referred to in subsection (a)(3) 
     and to the Secretary not later than June 1, 1998.
       (c) Review of Administration of System.--(1) Under the 
     agreement under subsection (a), the entity shall monitor and 
     review the administration by the Secretary of the employment 
     discrimination complaint resolution system administered 
     within the Department.
       (2) Under the agreement, the entity shall submit to the 
     committees referred to in subsection (a)(3) and to the 
     Secretary a report on the results of the review under 
     paragraph (1) not later than June 1, 1999. The report shall 
     include an assessment of the administration of the system, 
     including the extent to which the system meets the objectives 
     referred to in subsection (b)(1), and the effectiveness of 
     the following:
       (A) Programs to train and maintain a cadre of individuals 
     who are competent to investigate claims relating to 
     employment discrimination.
       (B) Programs to train and maintain a cadre of individuals 
     who are competent to provide counseling to individuals who 
     submit such claims.
       (C) Programs to provide education and training to 
     Department employees regarding their rights and obligations 
     under the equal employment opportunity laws.
       (D) Programs to oversee the administration of the system.
       (E) Programs to evaluate the effectiveness of the system in 
     meeting its objectives.
       (F) Other programs, procedures, or activities of the 
     Department relating to the equal employment opportunity laws, 
     including any alternative dispute resolution procedures and 
     informal dispute resolution and settlement procedures.
       (G) Any disciplinary measures imposed by the Secretary on 
     employees determined to have violated the equal employment 
     opportunity laws in preventing or deterring violations of 
     such laws by other employees of the Department.
           TITLE II--EXTENSION AND IMPROVEMENT OF AUTHORITIES

     SEC. 201. NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM.

       (a) Extension of Pilot Program.--Section 3761(c) is amended 
     by striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``December 31, 2001''.
       (b) Outreach.--Section 3762(i) is amended--
       (1) by inserting ``(1)'' after ``(i)'';
       (2) by inserting ``, in consultation with tribal 
     organizations (including the National Congress of American 
     Indians and the National American Indian Housing Council),'' 
     after ``The Secretary shall'';
       (3) by striking out ``tribal organizations and''; and
       (4) by adding at the end the following:
       ``(2) Activities under the outreach program shall include 
     the following:
       ``(A) Attending conferences and conventions conducted by 
     the National Congress of American Indians in order to work 
     with the National Congress in providing information and 
     training to tribal organizations and Native American veterans 
     regarding the availability of housing benefits under the 
     pilot program and in assisting such organizations and 
     veterans in participating in the pilot program.
       ``(B) Attending conferences and conventions conducted by 
     the National American Indian Housing Council in order to work 
     with the Housing Council in providing information and 
     training to tribal organizations and tribal housing entities 
     regarding the availability of such benefits.
       ``(C) Attending conferences and conventions conducted by 
     the Department of Hawaiian Homelands in order to work with 
     the Department of Hawaiian Homelands in providing information 
     and training to tribal housing entities in Hawaii regarding 
     the availability of such benefits.
       ``(D) Producing and disseminating information to tribal 
     governments, tribal veterans service organizations, and 
     tribal organizations regarding the availability of such 
     benefits.
       ``(E) Assisting tribal organizations and Native American 
     veterans in participating in the pilot program.
       ``(F) Outstationing loan guarantee specialists in tribal 
     facilities on a part-time basis if requested by the tribal 
     government.''.
       (c) Annual Reports.--Section 3762 is further amended by 
     adding at the end the following new subsection:
       ``(j) Not later than February 1 of each year through 2002, 
     the Secretary shall transmit to the Committees on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     relating to the implementation of the pilot program under 
     this subchapter during the fiscal year preceding the date of 
     the report. Each such report shall include the following:
       ``(1) The Secretary's exercise during such fiscal year of 
     the authority provided under subsection (c)(1)(B) to make 
     loans exceeding the maximum loan amount.
       ``(2) The appraisals performed for the Secretary during 
     such fiscal year under the authority of subsection (d)(2), 
     including a description of--
       ``(A) the manner in which such appraisals were performed;
       ``(B) the qualifications of the appraisers who performed 
     such appraisals; and
       ``(C) the actions taken by the Secretary with respect to 
     such appraisals to protect the interests of veterans and the 
     United States.

[[Page H10438]]

       ``(3) The outreach activities undertaken under subsection 
     (i) during such fiscal year, including--
       ``(A) a description of such activities on a region-by-
     region basis; and
       ``(B) an assessment of the effectiveness of such activities 
     in encouraging the participation of Native American veterans 
     in the pilot program.
       ``(4) The pool of Native American veterans who are eligible 
     for participation in the pilot program, including--
       ``(A) a description and analysis of the pool, including 
     income demographics;
       ``(B) a description and assessment of the impediments, if 
     any, to full participation in the pilot program of the Native 
     American veterans in the pool; and
       ``(C) the impact of low-cost housing programs operated by 
     the Department of Housing and Urban Development and other 
     Federal or State agencies on the demand for direct loans 
     under this section.
       ``(5) The Secretary's recommendations, if any, for 
     additional legislation regarding the pilot program.''.

     SEC. 202. TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY 
                   ILL AND HOMELESS VETERANS.

       (a) Codification and Revision of Programs.--Chapter 17 is 
     amended by adding at the end the following new subchapter:

 ``SUBCHAPTER VII--TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY 
                       ILL AND HOMELESS VETERANS

     ``Sec. 1771. General treatment

       ``(a) In providing care and services under section 1710 of 
     this title to veterans suffering from serious mental illness, 
     including veterans who are homeless, the Secretary may 
     provide (directly or in conjunction with a governmental or 
     other entity)--
       ``(1) outreach services;
       ``(2) care, treatment, and rehabilitative services 
     (directly or by contract in community-based treatment 
     facilities, including halfway houses); and
       ``(3) therapeutic transitional housing assistance under 
     section 1772 of this title, in conjunction with work therapy 
     under subsection (a) or (b) of section 1718 of this title and 
     outpatient care.
       ``(b) The authority of the Secretary under subsection (a) 
     expires on December 31, 2001.

     ``Sec. 1772. Therapeutic housing

       ``(a) The Secretary, in connection with the conduct of 
     compensated work therapy programs, may operate residences and 
     facilities as therapeutic housing.
       ``(b) The Secretary may use such procurement procedures for 
     the purchase, lease, or other acquisition of residential 
     housing for purposes of this section as the Secretary 
     considers appropriate to expedite the opening and operation 
     of transitional housing and to protect the interests of the 
     United States.
       ``(c) A residence or other facility may be operated as 
     transitional housing for veterans described in paragraphs (1) 
     and (2) of section 1710(a) of this title under the following 
     conditions:
       ``(1) Only veterans described in those paragraphs and a 
     house manager may reside in the residence or facility.
       ``(2) Each resident, other than the house manager, shall be 
     required to make payments that contribute to covering the 
     expenses of board and the operational costs of the residence 
     or facility for the period of residence in such housing.
       ``(3) In order to foster the therapeutic and rehabilitative 
     objectives of such housing (A) residents shall be prohibited 
     from using alcohol or any controlled substance or item, (B) 
     any resident violating that prohibition may be expelled from 
     the residence or facility, and (C) each resident shall agree 
     to undergo drug testing or such other measures as the 
     Secretary shall prescribe to ensure compliance with that 
     prohibition.
       ``(4) In the establishment and operation of housing under 
     this section, the Secretary shall consult with appropriate 
     representatives of the community in which the housing is 
     established and shall comply with zoning requirements, 
     building permit requirements, and other similar requirements 
     applicable to other real property used for similar purposes 
     in the community.
       ``(5) The residence or facility shall meet State and 
     community fire and safety requirements applicable to other 
     real property used for similar purposes in the community in 
     which the transitional housing is located, but fire and 
     safety requirements applicable to buildings of the Federal 
     Government shall not apply to such property.
       ``(d) The Secretary shall prescribe the qualifications for 
     house managers for transitional housing units operated under 
     this section. The Secretary may provide for free room and 
     subsistence for a house manager in addition to, or instead of 
     payment of, a fee for the services provided by the manager.
       ``(e)(1) The Secretary may operate as transitional housing 
     under this section--
       ``(A) any suitable residential property acquired by the 
     Secretary as the result of a default on a loan made, 
     guaranteed, or insured under chapter 37 of this title;
       ``(B) any suitable space in a facility under the 
     jurisdiction of the Secretary that is no longer being used 
     (i) to provide acute hospital care, or (ii) as housing for 
     medical center employees; and
       ``(C) any other suitable residential property purchased, 
     leased, or otherwise acquired by the Secretary.
       ``(2) In the case of any property referred to in paragraph 
     (1)(A), the Secretary shall--
       ``(A) transfer administrative jurisdiction over such 
     property within the Department from the Veterans Benefits 
     Administration to the Veterans Health Administration; and
       ``(B) transfer from the General Post Fund to the Loan 
     Guaranty Revolving Fund under chapter 37 of this title an 
     amount (not to exceed the amount the Secretary paid for the 
     property) representing the amount the Secretary considers 
     could be obtained by sale of such property to a nonprofit 
     organization or a State for use as a shelter for homeless 
     veterans.
       ``(3) In the case of any residential property obtained by 
     the Secretary from the Department of Housing and Urban 
     Development under this section, the amount paid by the 
     Secretary to that Department for that property may not exceed 
     the amount that the Secretary of Housing and Urban 
     Development would charge for the sale of that property to a 
     nonprofit organization or a State for use as a shelter for 
     homeless persons. Funds for such charge shall be derived from 
     the General Post Fund.
       ``(f) The Secretary shall prescribe--
       ``(1) a procedure for establishing reasonable payment rates 
     for persons residing in transitional housing; and
       ``(2) appropriate limits on the period for which such 
     persons may reside in transitional housing.
       ``(g) The Secretary may dispose of any property acquired 
     for the purpose of this section. The proceeds of any such 
     disposal shall be credited to the General Post Fund.
       ``(h) Funds received by the Department under this section 
     shall be deposited in the General Post Fund. The Secretary 
     may distribute out of the fund such amounts as necessary for 
     the acquisition, management, maintenance, and disposition of 
     real property for the purpose of carrying out such program. 
     The Secretary shall manage the operation of this section so 
     as to ensure that expenditures under this subsection for any 
     fiscal year shall not exceed by more than $500,000 proceeds 
     credited to the General Post Fund under this section. The 
     operation of the program and funds received shall be 
     separately accounted for, and shall be stated in the 
     documents accompanying the President's budget for each fiscal 
     year.

     ``Sec. 1773. Additional services at certain locations

       ``(a) Subject to the availability of appropriations, the 
     Secretary shall operate a program under this section to 
     expand and improve the provision of benefits and services by 
     the Department to homeless veterans.
       ``(b) The program shall include the establishment of not 
     fewer than eight programs (in addition to any existing 
     programs providing similar services) at sites under the 
     jurisdiction of the Secretary to be centers for the provision 
     of comprehensive services to homeless veterans. The services 
     to be provided at each site shall include a comprehensive and 
     coordinated array of those specialized services which may be 
     provided under existing law.
       ``(c) The program shall include the services of such 
     employees of the Veterans Benefits Administration as the 
     Secretary determines appropriate at sites under the 
     jurisdiction of the Secretary at which services are provided 
     to homeless veterans.
       ``(d) The program under this section shall terminate on 
     December 31, 2001.

     ``Sec. 1774. Coordination with other agencies and 
       organizations

       ``(a) In assisting homeless veterans, the Secretary shall 
     coordinate with, and may provide services authorized under 
     this title in conjunction with, State and local governments, 
     other appropriate departments and agencies of the Federal 
     Government, and nongovernmental organizations.
       ``(b)(1) The Secretary shall require the director of each 
     medical center or the director of each regional benefits 
     office to make an assessment of the needs of homeless 
     veterans living within the area served by the medical center 
     or regional office, as the case may be.
       ``(2) Each such assessment shall be made in coordination 
     with representatives of State and local governments, other 
     appropriate departments and agencies of the Federal 
     Government, and nongovernmental organizations that have 
     experience working with homeless persons in that area.
       ``(3) Each such assessment shall identify the needs of 
     homeless veterans with respect to the following:
       ``(A) Health care.
       ``(B) Education and training.
       ``(C) Employment.
       ``(D) Shelter.
       ``(E) Counseling.
       ``(F) Outreach services.
       ``(4) Each assessment shall also indicate the extent to 
     which the needs referred to in paragraph (3) are being met 
     adequately by the programs of the Department, of other 
     departments and agencies of the Federal Government, of State 
     and local governments, and of nongovernmental organizations.
       ``(5) Each assessment shall be carried out in accordance 
     with uniform procedures and guidelines prescribed by the 
     Secretary.
       ``(c) In furtherance of subsection (a), the Secretary shall 
     require the director of each medical center and the director 
     of each regional benefits office, in coordination with 
     representatives of State and local governments, other Federal 
     officials, and nongovernmental organizations that have 
     experience working with homeless persons in the areas served 
     by such facility or office, to--

[[Page H10439]]

       ``(1) develop a list of all public and private programs 
     that provide assistance to homeless persons or homeless 
     veterans in the area concerned, together with a description 
     of the services offered by those programs;
       ``(2) seek to encourage the development by the 
     representatives of such entities, in coordination with the 
     director, of a plan to coordinate among such public and 
     private programs the provision of services to homeless 
     veterans;
       ``(3) take appropriate action to meet, to the maximum 
     extent practicable through existing programs and available 
     resources, the needs of homeless veterans that are identified 
     in the assessment conducted under subsection (b); and
       ``(4) attempt to inform homeless veterans whose needs the 
     director cannot meet under paragraph (3) of the services 
     available to such veterans within the area served by such 
     center or office.''.
       (b) Conforming Amendments.--(1) Section 1720A is amended--
       (A) by striking out subsections (a), (e), (f), and (g); and
       (B) by redesignating subsections (b), (c), and (d) as 
     subsections (a), (b), and (c), respectively.
       (2) The heading of such section is amended to read as 
     follows:

     ``Sec. 1720A. Treatment and rehabilitative services for 
       persons with drug or alcohol dependency''.

       (c) Conforming Repeals.--The following provisions are 
     repealed:
       (1) Section 7 of Public Law 102-54 (38 U.S.C. 1718 note).
       (2) Section 107 of the Veterans' Medical Programs 
     Amendments of 1992 (38 U.S.C. 527 note).
       (3) Section 2 of the Homeless Veterans Comprehensive 
     Service Programs Act of 1992 (38 U.S.C. 7721 note).
       (4) Section 115 of the Veterans' Benefits and Services Act 
     of 1988 (38 U.S.C. 1712 note).
       (d) Clerical Amendments.--The table of sections at the 
     beginning of chapter 17 is amended--
       (1) by striking out the item relating to section 1720A and 
     inserting in lieu thereof the following:

``1720A. Treatment and rehabilitative services for persons with drug or 
              alcohol dependency.''; and

       (2) by adding at the end the following:


 ``subchapter vii--treatment and rehabilitation for seriously mentally 
                       ill and homeless veterans

``1771. General treatment.
``1772. Therapeutic housing.
``1773. Additional services at certain locations.
``1774. Coordination with other agencies and organizations.''.

     SEC. 203. EXTENSION OF CERTAIN AUTHORITIES RELATING TO 
                   HOMELESS VETERANS.

       (a) Agreements for Housing Assistance for Homeless 
     Veterans.--Section 3735(c) is amended by striking out 
     ``December 31, 1997'' and inserting in lieu thereof 
     ``December 31, 1999''.
       (b) Extension of Homeless Veterans Comprehensive Service 
     Grant Program.--Section 3(a)(2) of the Homeless Veterans 
     Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 
     note) is amended by striking out ``September 30, 1997'' and 
     inserting in lieu thereof ``September 30, 1999''.
       (c) Homeless Veterans' Reintegration Projects.--The Stewart 
     B. McKinney Homeless Assistance Act is amended as follows:
       (1) Section 738(e)(1) (42 U.S.C. 11448(e)(1)) is amended by 
     adding at the end the following new subparagraph:
       ``(G) $10,000,000 for fiscal year 1999.''.
       (2) Section 741 (42 U.S.C. 11450) is amended by striking 
     out ``December 31, 1997'' and inserting in lieu thereof 
     ``December 31, 1999''.

     SEC. 204. ANNUAL REPORT ON ASSISTANCE TO HOMELESS VETERANS.

       Section 1001 of the Veterans' Benefits Improvements Act of 
     1994 (38 U.S.C. 7721 note) is amended--
       (1) in subsection (a)(2)--
       (A) by striking out ``and'' at the end of subparagraph (B);
       (B) by striking out the period at the end of subparagraph 
     (C) and inserting in lieu thereof ``; and''; and
       (C) by adding at the end the following new subparagraphs:
       ``(D) evaluate the effectiveness of the programs of the 
     Department (including residential work-therapy programs, 
     programs combining outreach, community-based residential 
     treatment, and case-management, and contract care programs 
     for alcohol and drug-dependence or abuse disabilities) in 
     providing assistance to homeless veterans; and
       ``(E) evaluate the effectiveness of programs established by 
     recipients of grants under section 3 of the Homeless Veterans 
     Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 
     note), and describe the experience of such recipients in 
     applying for and receiving grants from the Secretary of 
     Housing and Urban Development to serve primarily homeless 
     persons who are veterans.''; and
       (2) by striking out subsection (b).

     SEC. 205. EXPANSION OF AUTHORITY FOR ENHANCED-USE LEASES OF 
                   DEPARTMENT OF VETERANS AFFAIRS REAL PROPERTY.

       (a) Four-Year Extension of Authority.--Section 8169 is 
     amended by striking out ``December 31, 1997'' and inserting 
     in lieu thereof ``December 31, 2001''.
       (b) Repeal of Limitation on Number of Agreements.--(1) 
     Section 8168 is repealed.
       (2) The table of sections at the beginning of chapter 81 is 
     amended by striking out the item relating to section 8168.

     SEC. 206. PERMANENT AUTHORITY TO FURNISH NONINSTITUTIONAL 
                   ALTERNATIVES TO NURSING HOME CARE.

       (a) Permanent Authority.--Subsection (a) of section 1720C 
     is amended by striking out ``During'' and all that follows 
     through ``furnishing of'' and inserting in lieu thereof ``The 
     Secretary may furnish''.
       (b) Conforming Amendments.--(1) Subsections (b)(1) and (d) 
     of such section are amended by striking out ``pilot''.
       (2) The heading for such section is amended to read as 
     follows:

     ``Sec. 1720C. Noninstitutional alternatives to nursing home 
       care''.

       (3) The item relating to such section in the table of 
     sections at the beginning of chapter 17 is amended to read as 
     follows:

``1720C. Noninstitutional alternatives to nursing home care.''.

     SEC. 207. EXTENSION OF HEALTH PROFESSIONAL SCHOLARSHIP 
                   PROGRAM.

       (a) Extension.--Section 7618 is amended by striking out 
     ``December 31, 1997'' and inserting in lieu thereof 
     ``December 31, 1998''.
       (b) Submission of Overdue Report.--The Secretary of 
     Veterans Affairs shall submit to Congress not later than 180 
     days after the date of the enactment of this Act the report 
     evaluating the operation of the health professional 
     scholarship program required to be submitted not later than 
     March 31, 1997, under section 202(b) of Public Law 104-110 
     (110 Stat. 770).

     SEC. 208. POLICY ON BREAST CANCER MAMMOGRAPHY.

       (a) In General.--(1) Subchapter II of chapter 73 is amended 
     by adding at the end the following new section:

     ``Sec. 7322. Breast cancer mammography policy

       ``(a) The Under Secretary for Health shall develop a 
     national policy for the Veterans Health Administration on 
     mammography screening for veterans.
       ``(b) The policy developed under subsection (a) shall--
       ``(1) specify standards of mammography screening;
       ``(2) provide recommendations with respect to screening, 
     and the frequency of screening, for--
       ``(A) women veterans who are over the age of 39; and
       ``(B) veterans, without regard to age, who have clinical 
     symptoms, risk factors, or family history of breast cancer; 
     and
       ``(3) provide for clinician discretion.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     7321 the following new item:

``7322. Breast cancer mammography policy.''.

       (b) Effective Date.--The Secretary of Veterans Affairs 
     shall develop the national policy on mammography screening 
     required by section 7322 of title 38, United States Code, as 
     added by subsection (a), and shall furnish such policy in a 
     report to the Committees on Veterans' Affairs of the Senate 
     and House of Representatives, not later than 60 days after 
     the date of the enactment of this Act. Such policy shall not 
     take effect before the expiration of 30 days after the date 
     of its submission to those committees.
       (c) Sense of Congress.--It is the sense of Congress that 
     the policy developed under section 7322 of title 38, United 
     States Code, as added by subsection (a), shall be in 
     accordance with the guidelines endorsed by the Secretary of 
     Health and Human Services and the Director of the National 
     Institutes of Health.

     SEC. 209. PERSIAN GULF WAR VETERANS.

       (a) Criteria for Priority Health Care.--(1) Subsection 
     (a)(2)(F) of section 1710 is amended by striking out 
     ``environmental hazard'' and inserting in lieu thereof 
     ``other conditions''.
       (2) Subsection (e)(1)(C) of such section is amended--
       (A) by striking out ``the Secretary finds may have been 
     exposed while serving'' and inserting in lieu thereof 
     ``served'';
       (B) by striking out ``to a toxic substance or environmental 
     hazard''; and
       (C) by striking out ``exposure'' and inserting in lieu 
     thereof ``service''.
       (3) Subsection (e)(2)(B) of such section is amended by 
     striking out ``an exposure'' and inserting in lieu thereof 
     ``the service''.
       (b) Demonstration Projects for Treatment of Persian Gulf 
     Illness.--(1) The Secretary of Veterans Affairs shall carry 
     out a program of demonstration projects to test new 
     approaches to treating, and improving the satisfaction with 
     such treatment of, Persian Gulf veterans who suffer from 
     undiagnosed and ill-defined disabilities. The program shall 
     be established not later than July 1, 1998, and shall be 
     carried out at up to 10 geographically dispersed medical 
     centers of the Department of Veterans Affairs.
       (2) At least one of each of the following models shall be 
     used at no less than two of the demonstration projects:
       (A) A specialized clinic which serves Persian Gulf 
     veterans.
       (B) Multidisciplinary treatment aimed at managing symptoms.
       (C) Use of case managers.
       (3) A demonstration project under this subsection may be 
     undertaken in conjunction with another funding entity, 
     including agreements under section 8111 of title 38, United 
     States Code.

[[Page H10440]]

       (4) The Secretary shall make available from appropriated 
     funds (which have been retained for contingent funding) 
     $5,000,000 to carry out the demonstrations projects.
       (5) The Secretary may not approve a medical center as a 
     location for a demonstration project under this subsection 
     unless a peer review panel has determined that the proposal 
     submitted by that medical center is among those proposals 
     that have met the highest competitive standards of clinical 
     merit and the Secretary has determined that the facility has 
     the ability to--
       (A) attract the participation of clinicians of outstanding 
     caliber and innovation to the project; and
       (B) effectively evaluate the activities of the project.
       (6) In determining which medical centers to select as 
     locations for demonstration projects under this subsection, 
     the Secretary shall give special priority to medical centers 
     that have demonstrated a capability to compete successfully 
     for extramural funding support for research into the 
     effectiveness and cost-effectiveness of the care provided 
     under the demonstration project.

     SEC. 210. PRESIDENTIAL REPORT ON PREPARATIONS FOR A NATIONAL 
                   RESPONSE TO MEDICAL EMERGENCIES ARISING FROM 
                   THE TERRORIST USE OF WEAPONS OF MASS 
                   DESTRUCTION.

       (a) Report.--(1) Not later than March 1, 1998, the 
     President shall submit to Congress a report on the plans, 
     preparations, and capability of the Federal Government and 
     State and local governments for a national response to 
     medical emergencies arising from the terrorist use of weapons 
     of mass destruction. The report shall be submitted in 
     unclassified form, but may include a classified annex.
       (2) The report should be prepared in consultation with the 
     Secretary of Defense, the Secretary of Health and Human 
     Services, the Secretary of Veterans Affairs, the Director of 
     the Federal Emergency Management Agency, and the head of any 
     other department or agency of the Federal Government that may 
     be involved in responding to such emergencies. The President 
     shall designate a lead agency for purposes of the preparation 
     of the report.
       (b) Contents.--The report shall include the following:
       (1) A description of the steps taken by the Federal 
     Government to plan and prepare for a national response to 
     medical emergencies arising from the terrorist use of weapons 
     of mass destruction.
       (2) A description of the laws and agreements governing the 
     responsibilities of the various departments and agencies of 
     the Federal Government, and of State and local governments, 
     for the response to such emergencies, and an assessment of 
     the interrelationship of such responsibilities under such 
     laws and agreements.
       (3) Recommendations, if any, for the simplification or 
     improvement of such responsibilities.
       (4) An assessment of the current level of preparedness for 
     such response of all departments and agencies of the Federal 
     Government and State and local governments that are 
     responsible for such response.
       (5) A current inventory of the existing medical assets from 
     all sources which can be made available for such response.
       (6) Recommendations, if any, for the improved or enhanced 
     use of the resources of the Federal Government and State and 
     local governments for such response.
       (7) The name of the official or office of the Federal 
     Government designated to coordinate the response of the 
     Federal Government to such emergencies.
       (8) A description of the lines of authority between the 
     departments and agencies of the Federal Government to be 
     involved in the response of the Federal Government to such 
     emergencies.
       (9) A description of the roles of each department and 
     agency of the Federal Government to be involved in the 
     preparations for, and implementation of, the response of the 
     Federal Government to such emergencies.
       (10) The estimated costs of each department and agency of 
     the Federal Government to prepare for and carry out its role 
     as described under paragraph (9).
       (11) A description of the steps, if any, being taken to 
     create a funding mechanism for the response of the Federal 
     Government to such emergencies.
 TITLE III--MAJOR MEDICAL FACILITY PROJECTS CONSTRUCTION AUTHORIZATION

     SEC. 301. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects, with each project 
     to be carried out in the amount specified for that project:
       (1) Seismic corrections at the Department of Veterans 
     Affairs medical center in Memphis, Tennessee, in an amount 
     not to exceed $34,600,000.
       (2) Seismic corrections and clinical and other improvements 
     to the McClellan Hospital at Mather Field, Sacramento, 
     California, in an amount not to exceed $48,000,000, to be 
     derived only from funds appropriated for Construction, Major 
     Projects, for a fiscal year before fiscal year 1998 that 
     remain available for obligation.
       (3) Outpatient improvements at Mare Island, Vallejo, 
     California, and Martinez, California, in a total amount not 
     to exceed $7,000,000, to be derived only from funds 
     appropriated for Construction, Major Projects, for a fiscal 
     year before fiscal year 1998 that remain available for 
     obligation.

     SEC. 302. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.

       The Secretary of Veterans Affairs may enter into leases for 
     medical facilities as follows:
       (1) Lease of an information management field office, 
     Birmingham, Alabama, in an amount not to exceed $595,000.
       (2) Lease of a satellite outpatient clinic, Jacksonville, 
     Florida, in an amount not to exceed $3,095,000.
       (3) Lease of a satellite outpatient clinic, Boston, 
     Massachusetts, in an amount not to exceed $5,215,000.
       (4) Lease of a satellite outpatient clinic, Canton, Ohio, 
     in an amount not to exceed $2,115,000.
       (5) Lease of a satellite outpatient clinic, Portland, 
     Oregon, in an amount not to exceed $1,919,000.
       (6) Lease of a satellite outpatient clinic, Tulsa, 
     Oklahoma, in an amount not to exceed $2,112,000.
       (7) Lease of an information resources management field 
     office, Salt Lake City, in an amount not to exceed $652,000.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Veterans Affairs for fiscal year 1998--
       (1) for the Construction, Major Projects, account, 
     $34,600,000 for the project authorized in section 301(1); and
       (2) for the Medical Care account, $15,703,000 for the 
     leases authorized in section 302.
       (b) Limitation.--The projects authorized in section 301 may 
     only be carried out using--
       (1) funds appropriated for fiscal year 1998 pursuant to the 
     authorization of appropriations in subsection (a);
       (2) funds appropriated for Construction, Major Projects for 
     a fiscal year before fiscal year 1998 that remain available 
     for obligation; and
       (3) funds appropriated for Construction, Major Projects for 
     fiscal year 1998 for a category of activity not specific to a 
     project.
             TITLE IV--TECHNICAL AND CLARIFYING AMENDMENTS

     SEC. 401. TECHNICAL AMENDMENTS.

       (a) Plot Allowance for Deaths in Department Facilities.--
     Section 2303(a)(2)(A) is amended by striking out ``a 
     Department facility (as defined in section 1701(4) of this 
     title)'' and inserting in lieu thereof ``a facility of the 
     Department (as defined in section 1701(3) of this title)''.
       (b) Educational Assistance Allowance for Certain 
     Individuals Pursuing Cooperative Programs.--Section 
     3015(e)(1) is amended--
       (1) by striking out ``(1) Subject to paragraph (2)'' and 
     inserting in lieu thereof ``(1)(A) Except as provided in 
     subparagraph (B) of this paragraph and subject to paragraph 
     (2)''; and
       (2) by adding at the end the following:
       ``(B) Notwithstanding subparagraph (A) of this paragraph, 
     in the case of an individual described in that subparagraph 
     who is pursuing a cooperative program on or after October 9, 
     1996, the rate of the basic educational assistance allowance 
     applicable to such individual under this chapter shall be 
     increased by the amount equal to one-half of the educational 
     assistance allowance that would be applicable to such 
     individual for pursuit of full-time institutional training 
     under chapter 34 (as of the time the assistance under this 
     chapter is provided and based on the rates in effect on 
     December 31, 1989) if such chapter were in effect.''.
       (c) Eligibility of Certain VEAP Participants to Enroll in 
     Montgomery GI Bill.--Section 3018C(a) is amended--
       (1) in paragraph (1), by striking out ``the date of the 
     enactment of the Veterans' Benefits Improvements Act of 
     1996'' and inserting in lieu thereof ``October 9, 1996,'';
       (2) in paragraph (4), by striking out ``during the one-year 
     period specified'' and inserting in lieu thereof ``after the 
     date on which the individual makes the election described''; 
     and
       (3) in paragraph (5), by striking out ``the date of the 
     enactment of the Veterans' Benefits Improvements Act of 
     1996'' and inserting in lieu thereof ``October 9, 1996''.
       (d) Enrollment in Open Circuit Television Courses.--Section 
     3680A(a)(4) is amended by inserting ``(including open circuit 
     television)'' after ``independent study program'' the second 
     place it appears.
       (e) Enrollment in Certain Courses.--Section 3680A(g) is 
     amended by striking out ``subsections (e) and (f)'' and 
     inserting in lieu thereof ``subsections (e) and (f)(1)''.
       (f) Certain Benefits for Surviving Spouses.--Section 
     5310(b)(2) is amended by striking out ``under this 
     paragraph'' in the first sentence and inserting in lieu 
     thereof ``under paragraph (1)''.

     SEC. 402. CLARIFICATION OF CERTAIN HEALTH CARE AUTHORITIES.

       (a) Eligibility for Hospital Care and Medical Services.--
     Section 1710(a)(2)(B) is amended by striking out 
     ``compensable''.
       (b) Home Health Services.--Section 1717(a) is amended--
       (1) in paragraph (1), by striking out ``veteran's 
     disability'' and inserting in lieu thereof ``veteran''; and
       (2) in paragraph (2)(B), by striking out ``section 
     1710(a)(2)'' and inserting in lieu thereof ``section 
     1710(a)''.
       (c) Authority To Transfer Veterans Receiving Outpatient 
     Care to Non-Department Nursing Homes.--Section 
     1720(a)(1)(A)(i) is amended by striking out ``hospital care, 
     nursing home care, or domiciliary care'' and inserting in 
     lieu thereof ``care''.

[[Page H10441]]

       (d) Acquisition of Commercial Health Care Resources.--
     Section 8153(a)(3)(A) is amended by inserting ``(including 
     any Executive order, circular, or other administrative 
     policy)'' after ``law or regulation''.
       (e) Competition in Procurement of Commercial Health Care 
     Resources.--Section 8153(a)(3)(B)(ii) is amended in the 
     second sentence by inserting ``, as appropriate,'' after 
     ``all responsible sources''.

     SEC. 403. CORRECTION OF NAME OF MEDICAL CENTER.

       The facility of the Department of Veterans Affairs in 
     Columbia, South Carolina, known as the Wm. Jennings Bryan 
     Dorn Veterans' Hospital shall hereafter be known and 
     designated as the ``Wm. Jennings Bryan Dorn Department of 
     Veterans Affairs Medical Center''. Any reference to that 
     facility in any law, regulation, document, map, record, or 
     other paper of the United States shall be deemed to be a 
     reference to the Wm. Jennings Bryan Dorn Department of 
     Veterans Affairs Medical Center.

     SEC. 404. IMPROVEMENT TO SPINA BIFIDA BENEFITS FOR CHILDREN 
                   OF VIETNAM VETERANS.

       (a) Definitions.--The text of section 1801 is amended to 
     read as follows:
       ``For the purposes of this chapter--
       ``(1) The term `child', with respect to a Vietnam veteran, 
     means a natural child of a Vietnam veteran, regardless of age 
     or marital status, who was conceived after the date on which 
     the Vietnam veteran first entered the Republic of Vietnam 
     during the period beginning on January 9, 1962, and ending on 
     May 7, 1975.
       ``(2) The term `Vietnam veteran' means an individual who 
     performed active military, naval, or air service in the 
     Republic of Vietnam during the period beginning on January 9, 
     1962, and ending on May 7, 1975, without regard to the 
     characterization of the individual's service.''.
       (b) Applicability of Certain Administrative Provisions.--
     (1) Section 1806 is amended to read as follows:

     ``Sec. 1806. Applicability of certain administrative 
       provisions

       ``The provisions of sections 5101(c), 5110(a), (b)(2), (g), 
     and (i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and 
     (b)(10) of this title shall be deemed to apply to benefits 
     under this chapter in the same manner in which they apply to 
     veterans' disability compensation.''.
       (2) The item relating to section 1806 in the table of 
     sections at the beginning of chapter 18 is amended to read as 
     follows:

``1806. Applicability of certain administrative provisions.''.

       (c) Amendments to Vocational Rehabilitation Provisions.--
     Section 1804 is amended--
       (1) in subsection (b), by striking out ``shall be 
     designed'' and all that follows and inserting in lieu thereof 
     the following: ``shall--
       ``(1) be designed in consultation with the child in order 
     to meet the child's individual needs;
       ``(2) be set forth in an individualized written plan of 
     vocational rehabilitation; and
       ``(3) be designed and developed before the date specified 
     in subsection (d)(3) so as to permit the beginning of the 
     program as of the date specified in that subsection.'';
       (2) in subsection (c)(1)(B), by striking out ``institution 
     of higher education'' and inserting in lieu thereof 
     ``institution of higher learning''; and
       (3) by adding at the end of subsection (d) the following 
     new paragraph:
       ``(3) A vocational training program under this section may 
     begin on the child's 18th birthday, or on the successful 
     completion of the child's secondary schooling, whichever 
     first occurs, except that, if the child is above the age of 
     compulsory school attendance under applicable State law and 
     the Secretary determines that the child's best interests will 
     be served thereby, the vocational training program may begin 
     before the child's 18th birthday.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as of October 1, 1997.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona [Mr. Stump] and the gentleman from Illinois [Mr. Evans] each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arizona [Mr. Stump].


                             General Leave

  Mr. STUMP. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on S. 714, the Senate bill 
presently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, the House amendments to S. 714 represent a compromise 
between the House and Senate veterans' affairs committees on several 
measures considered by both sides this year. It requires the VA to 
develop new treatment programs for Persian Gulf war veterans, and 
clarifies that any Persian war veteran with an illness that could be 
due to service in the gulf is eligible for VA care.
  The bill extends and streamlines laws under which the VA provides 
cares to homeless veterans and veterans who suffer from chronic mental 
illness. The bill authorizes funds for major medical facility projects, 
including funds to carry out seismic corrections projects at two VA 
medical centers.
  The bill also creates a new process for resolving complaints of 
sexual harassment and employment discrimination at the VA. This process 
will be independent and free from undue influence from VA managers.
  Madam Speaker, I reserve the balance of my time.
  Mr. EVANS. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of S. 714, as amended. Madam 
Speaker, this agreement includes provisions to clarify, extend, and 
enhance measures to address homelessness among this Nation's veterans. 
The provisions before us today will allow the VA to continue to offer a 
range of programs to homeless veterans. Together these programs 
comprise a comprehensive increase that meets veterans' needs for health 
care, substance abuse treatment, vocational rehab work, and shelter. In 
addition, this measure extends the homeless veterans reintegration 
project administered by the Department of Labor and authorizes $10 
million for this important program for fiscal year 1999.
  This measure also permanently authorizes the VA to provide 
noninstitutional long-term care programs. Many veterans want to live at 
home as long as possible. Good noninstitutional programs can make this 
a reality. Under this authority the VA can provide cost-effective 
programs like home care, home aides, and adult day care to more 
veterans.
  An important change in the eligibility of VA health care for the 
Persian Gulf veterans is included in this measure. Eligibility will now 
be based on a veteran's service, rather than actual exposure to a 
specific agent or environmental hazard.
  Authority is also provided for the VA to create 10 model Persian Gulf 
veterans' treatment programs. Seven years has been too long to wait to 
meet the health care needs of our Persian Gulf veterans. I encourage 
the VA to develop centers of excellence and innovation for treatment of 
Persian Gulf symptoms related to their exposure.
  The measure also requires the VA to establish a strong and 
comprehensive policy for mammography screening. The policy will 
specifically address women veterans over the age of 39 and any other 
veterans with clinical symptoms or risk factors that will allow 
physicians and patients to decide how long screening is necessary.
  Two clarifying amendments are also included that should be mentioned. 
The first would clarify that children of Vietnam veterans who are born 
with spina bifida are eligible for the programs provided by the VA for 
such children, regardless of the character of the discharge of the 
child's Vietnam veteran parent. Additionally, the VA is to develop a 
child's vocational training program prior to the child's eligibility to 
begin participation in that program.
  This measure also extends for 4 years the authority provided in the 
Native American Veterans Housing Loan Pilot Program. This important 
program provides direct loans to Native American veterans who reside on 
trust lands to build or purchase homes on those lands.
  I am pleased that the Department of Veterans Affairs Employment 
Discrimination Prevention Act of 1997 is included in this bill. This is 
timely, and important legislation to reform the equal employment 
opportunity process at the VA is long overdue. By removing the EEO 
process from the facility where the discrimination allegedly occurred, 
this bill limits the ability of heavy-handed facility directors to 
unfairly influence the process in a discrimination complaint by 
requiring that such complaints be handled mostly by full-time, well-
trained investigators at the regional EEO field office level. This bill 
brings greater independence and professionalism to the process.
  By removing the final decision-making process from the VA's Office of 
General Counsel, this bill eliminates the obvious conflict of interest 
that exists today, when the General Counsel's Office is expected to be 
an advocate for

[[Page H10442]]

the Department on one hand, and to decide the merits of a complaint 
against the Department on another hand.
  Madam Speaker, I do want to thank the gentleman from Arizona, the 
chairman of the committee, for his continuing efforts on behalf of our 
Nation's veterans. This is the end of our first year of working 
together with the gentleman from Arizona [Chairman Stump], and we have 
had a great experience dealing with him, and but also with his 
subcommittee chairs, Cliff Stearns, Jack Quinn and Terry Everett. I 
thank them for work on behalf of our Nation's veterans.
  I want to thank my equivalent subcommittee ranking members, the 
gentleman from Illinois, [Luis Gutierrez], the gentleman from 
California, [Bob Filner], and the gentleman from South Carolina, [James 
Clyburn], for their excellent commitment to our veterans.
  Madam Speaker, I rise in support of S. 714, as amended. As amended, 
S. 714 contains provisions of major importance to our Nation's 
veterans. It deserves the support of every Member of the House.
  A number of the provisions in the measure now before us have already 
been approved by the House in legislation reported earlier this year by 
the Committee on Veterans' Affairs. I will not review every provision 
in this legislation, but will highlight several of the provisions of 
particular importance.
  The Department of Veterans Affairs Employment Discrimination 
Resolution and Adjudication Act of 1997 is long overdue. The VA's 
efforts to eradicate harassment in the workplace have met with little, 
if any, success since I chaired the first oversight hearings on this 
issue back in 1992. In the 103d Congress, I cosponsored a bill much 
like the legislation we are considering today which overwhelmingly 
passed the House, but received no action in the Senate. At that time, 
the VA believed a proposed Governmentwide reform of the Federal EEO 
process was in the works, and there was no need to pass legislation to 
address what most would agree was a very serious problem at the 
Department.
  Nearly 5 years later, the long-promised Governmentwide reform has 
never come, and the VA's ``zero tolerance'' policy on sexual harassment 
has proven ineffective if not abysmal. That's why passage by both 
bodies of Congress of this timely and important legislation to reform 
the equal employment opportunity process at the VA is critically 
important.
  By removing the EEO complaint process from the facility where the 
discrimination allegedly occurred, this bill limits the ability of 
heavy-handed facility directors to unfairly influence the processing of 
discrimination complaints; by requiring that such complaints be handled 
by mostly full-time, well-trained investigators at regional EEO field 
offices, this bill brings greater independence and professionalism to 
the process. And by removing the final agency decision-making authority 
from the VA's Office of General Counsel, this bill eliminates the 
obvious conflict-of-interest that exists today when the general 
counsel's office is expected to be an advocate for the Department on 
the one hand, and to decide the merits of a complaint against the 
Department on the other.
  I want to applaud Chairman Everett for his willingness to work with 
Jim Clyburn and me to put together a bill that will greatly improve the 
processing of discrimination complaints at the VA. I also want to thank 
Senators Arlen Specter, Bob Graham, Jay Rockefeller, Lauch Faircloth, 
and Tim Hutchinson for working with us in the House to put together a 
bill we can all be proud of. I also want to commend the Department of 
Veterans Affairs for their willingness to work with the committees on 
language to a bill that I know the VA doesn't love, but that most 
people--even within the VA--would agree they need.
  By enacting this legislation, Congress will help put VA back on the 
path toward restoring employee trust in the EEO process and eradicating 
discrimination in the workplace. Our veterans and VA employees deserve 
no less.
  A number of the provisions in the House amendment to S. 714 are 
derived from H.R. 2206, a bill the House already approved. These 
provisions include measures to clarify, extend, and enhance measures to 
address homelessness. On any given night in America one-third of those 
living on the streets are veterans--many of them are my peers from the 
Vietnam era. I find this hard to live with--both as a veteran and as an 
American citizen--and I believe the provisions included in the House 
amendment provide a greater opportunity to respond to this problem. 
These provisions will allow VA to continue to offer a range of programs 
to homeless veterans. Together these programs comprise a comprehensive 
network that meets veterans' needs for health care, substance abuse 
treatment, vocational rehabilitation, work, and shelter.
  Additionally, the House amendment permanently authorizes VA to 
provide noninstitutional long-term care programs. Many veterans want to 
live at home as long as possible--good noninstitutional programs can 
make this a reality. I encourage VA to take full advantage of this 
permanent authority to provide cost-effective programs like home care, 
home aides, and adult day health care to more veterans.
  The measure before the House also includes an important change in the 
eligibility for VA health care for Persian Gulf war veterans. The 
language makes eligibility for such services contingent upon veterans' 
service rather than their actual exposure to a specific agent or 
environmental hazard. The change is significant as it offers veterans, 
whose illnesses remain undiagnosed, the benefit of the doubt. Until 
science enables VA to link specific agents with their health 
consequences, suffering veterans will have the ability to access VA 
services to treat their special health care needs.
  It also offers a provision to create 10 model Persian Gulf veterans' 
treatment programs in VA. Seven years has been too long to wait to meet 
the health care needs of these men and women. I am hopeful using this 
grant approach for funding will allow VA to develop some real centers 
of excellence and innovation for treatment of veterans' symptoms 
related to their gulf war deployment.
  This measure will also extend authority for VA's Health Professional 
Scholarship Program for another year, but it will require VA to submit 
a report on the program's effectiveness in the first 6 months after 
enactment.
  The measure requires VA to establish a strong and comprehensive 
policy for mammogram screening. The policy will specifically address 
women veterans over the age of 39 and other veterans with clinical 
symptoms or risk factors, but will allow physicians and patients to 
decide how often screening is necessary.
  Madam Speaker, I am very pleased that the compromise measure we are 
now considering includes provision which extends the homeless veterans 
reintegration project [HVRP] administered by the Department of Labor 
and authorizes $10 million for the program. There is virtually no 
disagreement that one-third of the homeless men in this country are 
veterans--and that approximately 60 percent of those individuals are 
veterans of the Vietnam era. This means, Mr. Chairman, that every 
night, in this great country of ours, more than 280,000 veterans are 
sleeping on America's streets or in homeless shelters.
  Since 1987, HVRP, a modest, cost-effective program designed to help 
homeless veterans reenter and succeed in the job market, has proven its 
worth. More than 41,000 homeless veterans have received help and 
support from the community-based organizations funded under HVRP, and 
many were placed in jobs at a cost of less than $1,500 per veteran. Few 
Government programs can claim to have achieved so much with so little.
  Earlier this year, the Veterans' Affairs Committee voted unanimously 
to fund HVRP. Republicans and Democrats alike came together to show 
their support for the men and women who have served honorably in our 
Nation's Armed Forces. Additionally, I was very pleased when the House 
unanimously approved an amendment I offered for myself and my 
distinguished colleague from California, Mr. Filner, to the Labor, 
Health and Human Services Appropriation to increase HVRP funding, and I 
look forward to working with my colleagues on the Labor Appropriations 
Committee next year to ensure that HVRP is fully funded in fiscal year 
1999.
  Included in the House amendment to S. 714 are two clarifying 
amendments which deserve mention. First, the compromise would clarify 
that children of Vietnam veterans who are born with spina bifida are 
eligible for the programs provided by the VA for such children 
regardless of the character of discharge of the child's Vietnam veteran 
parent. Additionally, the agreement would clarify that VA assessment, 
evaluation, counseling, and the development of a child's vocational 
training program must begin at a time which will enable the child to 
begin participation in that program upon successful completion of 
secondary schooling or on the child's 18th birthday. These provisions 
are important to fair and effective implementation of the new spina 
bifida legislation, and I am pleased they are a part of this compromise 
measure.
  Established under section 8 of Public Law 102-547, the Native 
American Veteran Housing Loan Pilot Program, administered by 
the Department of Veterans Affairs [VA], provides direct home loans to 
native American veterans who reside on trust lands to build or purchase 
homes on those lands. Previously, native American veterans who resided 
on trust lands were unable to qualify for VA home loan benefits. The 
authority for this program expired on September 30, 1997, and I 
strongly support the 4-year extension of the program included in the 
compromise agreement.

  Under the pilot program, VA can make a loan to a native American 
veteran for a home

[[Page H10443]]

on trust lands only if VA had entered into a memorandum of 
understanding [MOU] with the Tribal entity that had jurisdiction over 
the trust land. Since the establishment of the program in 1992, VA has 
entered into 47 such MOU's and 164 loans have been made to native 
American veterans for the purchase, construction, or improvement of 
dwellings on trust land. Negotiations continue with hundreds of other 
tribes to establish memorandums of understanding and more than 90 
individual loan applications are pending.
  Although the numbers of native Americans who have taken advantage of 
the loan opportunities available under this program are smaller than 
expected, new outreach and reporting requirements included in the 
compromise agreement should result in an increased understanding of the 
program among Native Americans and thus increased participation.
  The legislation we bring to the floor today also includes provisions 
from H.R. 2571, VA medical care major construction and lease 
authorizations for fiscal year 1998, another bill the House passed in 
October. This bill accommodates the administration's construction 
spending priorities as well as those projects for which appropriations 
have already been made.
  The major construction projects require modest funding, but are 
critical to providing access to veterans in areas where their needs 
cannot be met or in maintaining patient safety in existing facilities 
which are deficient in conforming to seismic code. I am also pleased 
with the emphasis this bill places on outpatient projects and 
development of information resources management centers.
  Leasing, rather than building, to meet VA's needs is also a move in 
the right direction. VA has sometimes been criticized for using 
``bricks and mortar'' to meet its space requirements while facilities 
in the community stand vacant. The leases this bill authorizes are a 
more flexible means by which VA can provide the capacity it needs 
today, but may not need tomorrow.
  Enhanced-use leases are a relatively new venture for VA, but they 
have proven to be a cost-effective means of providing programs to VA 
beneficiaries VA could not otherwise afford. The measure we offer today 
repeals limitations on the number of projects VA can enter in any given 
year or under current authority.
  Enhanced-use leases allow VA to offer lessees land or space to 
operate programs that ensure discounted benefits for VA, its 
beneficiaries or its employees over the terms of the lease. Space has 
been offered for a diverse range of services including child-care that 
benefits VA employees, co-generation projects, research facilities, and 
patient services.
  I urge my colleagues from both sides of the aisle to join me in 
support of the provisions to improve health care and benefits for 
America's veterans that we bring to the floor today. As we approach 
Veterans Day 1997, this legislation will serve as a part of the 
appropriate recognition we pay to the men and women who have served our 
Nation in uniform. This legislation will honor their service and 
sacrifice and be a tangible expression of our continuing commitment to 
care for those who have borne the battle, and their survivors and 
dependents.
  Madam Speaker, I reserve the balance of my time.
  Mr. STUMP. Madam Speaker, I yield 2 minutes to the gentleman from 
Alabama [Mr. Everett], the chairman of the subcommittee.
  (Mr. EVERETT asked and was given permission to revise and extend his 
remarks.)
  Mr. EVERETT. Madam Speaker, I rise in strong support of S. 714, as 
amended, the Veterans Benefits Act of 1997.
  Madam Speaker, I particularly want to address title I of the bill, 
which is derived from H.R. 1703, the Department of Veterans Affairs 
Employment Discrimination Resolution and Adjudication Act.
  I introduced H.R. 1703 on May 22, 1997, and the House passed it on 
October 6, 1997. Title I represents a compromise agreement with the 
Senate on H.R. 1703 and S. 801, the Senate companion bill. I certainly 
recommend the results to my colleagues. The Senate drew much of the 
bill from the text of H.R. 1703, and the compromise is entirely 
consistent with the intent of the House bill.
  Legislation to address the VA sexual harassment discrimination 
problems has been a very long time coming, since 1993, as a matter of 
fact. I am pleased with title I. I particularly want to thank Chairman 
Stump for making it a priority for the Committee on Veterans' Affairs. 
I also want to thank the gentleman from Illinois [Mr. Evans] from the 
committee, the gentleman from South Carolina [Mr. Clyburn], ranking 
Democrat on the Subcommittee on Oversight and Investigations, for their 
original cosponsorship of H.R. 1703 and the leading roles they have 
played in the development of this important legislation. Also, the 
gentleman from Florida [Mr. Bilirakis] and the gentleman from Indiana 
[Mr. Buyer] were original cosponsors of H.R. 1703 and have been active 
in these provisions every step of the way.
  Of course, without our Senate colleagues we would have no bill today. 
I want to commend Chairman Specter of the Senate Committee on Veterans' 
Affairs and Senator Rockefeller, the ranking Democrat, for their hard 
work and cooperation on making this legislation possible today.
  Madam Speaker, title I is for the loyal, dedicated employees of the 
VA who care for and serve our veterans. Some of them do not have the 
workplace environment of fairness and respect they deserve. I am 
optimistic these provisions, along with changes already occurring at 
the VA, will result in greatly improved employment confidence in the 
VA's ability to address sexual harassment and other discrimination 
problems.
  This is good and much-needed legislation. I urge my colleagues to act 
favorably on S. 714, as amended.
  Mr. EVANS. Madam Speaker, I yield 3 minutes to the gentleman from 
California [Mr. Filner], a member of the committee.
  Mr. FILNER. Madam Speaker, I rise in strong support of the Veterans 
Benefits Act of 1997, S. 714, as amended. Veterans' programs and 
benefits will be enhanced as a result of enactment of this legislation.
  I am particularly pleased that this legislation includes provisions 
which clarify eligibility for and implementation of the new program 
that provides benefits for the children of Vietnam veterans who are 
born with spina bifida. This very important program is in the early 
days of implementation, and we must ensure that the Veterans 
Administration is administering the benefits provided in this program 
in accordance with the intent of Congress.
  Madam Speaker, I also want to point out the extension of the Native 
American Veteran Housing Loan Pilot Program included in section 201 of 
this bill. Under this program, native Americans who live on trust lands 
can receive direct loans to build, purchase, or renovate a home.
  Prior to the enactment of this program as a pilot 5 years ago, these 
native American veterans were not eligible for VA home loan assistance. 
Although this direct loan program has been generally successful, we 
have been somewhat disappointed in the number of native Americans who 
have taken advantage of the loans available under this program.
  I believe that the outreach and reporting requirements included in S. 
714 will significantly increase participation and enable the VA to more 
effectively administer this program.
  Also included in this bill is a requirement that the VA develop a 
national policy on mammography screening for women veterans. All of us 
know that the incidence of breast cancer among American women has 
reached near epidemic levels. Our women veterans are no less at risk 
than our female civilians.

                              {time}  1600

  We also know that critical to the management of this disease is early 
detection, and mammography is an important weapon in the fight against 
breast cancer. I want women veterans who have served in the Armed 
Forces on our behalf to have the same high level of access to 
mammography screening that I would want for members of my own family. 
Section 208 of this bill will ensure that access.
  Madam Speaker, S. 714 is an excellent bill, and it is fitting that 
this legislation be approved just before Veterans Day. I urge my 
colleagues to demonstrate their support for America's veterans by 
voting for S. 714.
  Mr. STUMP. Mr. Speaker, I yield 4 minutes to the gentleman from New 
York [Mr. Quinn], the chairman of the Subcommittee on Veterans 
Benefits.
  Mr. QUINN. Mr. Speaker, I join my good friend, the gentleman from 
California [Mr. Filner], in making note that Veterans Day, of course, 
is only a few days away, and it is appropriate that we come here 
together today to make improvements to several veterans' benefits 
programs.

[[Page H10444]]

  I would like to take my time this afternoon, Mr. Speaker, to address 
the sections of S. 714 that fall within the jurisdiction of our 
Subcommittee on Veterans Benefits. I first would like to acknowledge 
the subcommittee ranking member, the gentleman from California [Mr. 
Filner], and the bipartisan spirit in which he helped craft this bill. 
Without the strong cooperation of both sides of the aisle, I do not 
think we would be able to present these improvements to our veterans' 
benefits.
  Section 201 of S. 714 continues VA's authority to provide direct 
loans to Native Americans through the year 2001. This program offers 
the opportunity to Native American veterans living on tribal trust land 
to purchase a home that they might not otherwise be able to acquire. 
The program requires the VA to conclude a memorandum of understanding 
with tribal governments that, among other things, gives the VA access 
to the property in case of foreclosure, thus protecting the interests 
of the taxpayer.
  The bill would add specific outreach requirements such as 
participation in Native American conferences and outstationing loan 
guaranty specialists in tribal facilities only on a part-time basis. 
The bill also adds new reporting requirements so that Congress may gain 
a better understanding of the outcomes of the program.
  Section 203 makes changes to several homeless programs, including an 
extension of the VA's authority through December 31, 1999, to sell, 
lease, or donate foreclosed VA property to nonprofit organizations or 
State and local governments for the purpose of providing housing for 
our homeless veterans.
  It also extends the Department of Labor's authority to operate the 
Homeless Veterans Reintegration Project through 1999 and continues to 
authorize $10 million per year for the same program. This program is a 
grant program administered by the Veterans Employment and Training 
Service and is designed to work with community-based organizations who 
focus on providing employment services to unemployed, homeless 
veterans.
  Since its inception in 1988, through and up till 1995, the program 
has served almost 42,000 homeless veterans, placing nearly 19,000 in 
jobs. This is an accomplishment for a program that has traditionally 
been funded only at about $2 or $3 million per year.
  Also, section 401 makes several technical and clarifying amendments 
to burial and educational benefits.
  Finally, Mr. Speaker, section 404 of the bill also makes clarifying 
changes to the spina bifida legislation that was passed during the late 
hours of our 104th Congress. This new section further defines 
eligibility by establishing January 9, 1962, as the earliest date on 
which a veteran's service in Vietnam would qualify a child for these 
benefits. That date conforms to the date on which United States forces 
began using defoliants in Vietnam.
  The bill also further specifies the age at which the Secretary may 
provide vocational training as graduation from high school or the 
child's 18th birthday, whichever occurs first. It also requires that a 
vocational plan must be developed in time for the child to begin 
training when authorized.
  Mr. Speaker, these provisions add to what is already the most 
complete program for veterans' benefits in the world. It is the right 
thing to do. I urge all our colleagues to support S. 714, as amended.
  Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from South 
Carolina [Mr. Clyburn], a member of the committee.
  Mr. CLYBURN. Mr. Speaker, I thank the gentleman from Illinois [Mr. 
Evans], the ranking subcommittee member, for yielding me the time.
  Mr. Speaker, I rise today in strong support of the Department of 
Veterans Affairs Employment Discrimination Prevention Act. This 
legislation is contained in S. 714, the compromise agreement which is 
before us today.
  This year's Subcommittee on Veterans Oversight hearings have 
demonstrated the extremely sensitive and serious problem of sexual 
harassment within the Department of Veterans Affairs. The legislation 
we are considering today meets these glaring problems head-on.
  The gentleman from Illinois [Mr. Evans] and I were original 
cosponsors of similar legislation back in 1993. At that time, we were 
told that changes were in the works regarding the EEO process at VA and 
throughout the Federal Government and that there was no need for this 
legislation. This expected Government-wide solution never happened. The 
Senate never acted on the bill we passed in 1993. And here we are 
today, almost 5 years later, dealing with the sexual harassment 
problems that continue to fester at the VA.
  It is a tribute to the leadership of the Subcommittee on Oversight 
chairman, the gentleman from Alabama [Mr. Everett], and I thank him for 
recognizing the continuing need for legislation to improve the EEO 
process at the VA. Without his commitment to this issue, it is likely 
that we would not be on the floor today considering final passage of 
this significant EEO reform legislation.
  It is also a tribute to the VA that it has finally recognized its EEO 
process is seriously flawed and that it has independently proposed 
administrative changes that draw in large part from the bill we 
introduced earlier this year.
  The VA's proposal did not go far enough, however, and that is why we 
need to approve this legislation today. By voting in favor of this 
bill, we in Congress will be doing our part to bring professionalism 
and independence to the EEO process at the VA and to help restore the 
faith and trust in the process that has been so lacking over the past 
few years.
  Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from 
Louisiana [Mr. Cooksey], a former flight surgeon and member of the 
committee.
  Mr. COOKSEY. Mr. Speaker, I rise in support of the House amendments 
to S. 714 and to comment specifically on one provision of this 
legislation.
  Our colleagues in the other body pressed for the inclusion of 
language which would have established in law specific medical practice 
criteria for VA clinicians. As a physician and as a legislator, I 
strongly believe that, as a matter of public policy, we should not 
attempt to legislate how medicine is practiced. While this bill 
expresses a sense of the Congress regarding a VA policy, that 
expression does not bind the VA.
  I commend the chairman for following that wise course in this 
measure, and I urge my colleagues to support it.
  Mr. EVANS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Hawaii [Mr. Abercrombie].
  Mr. ABERCROMBIE. Mr. Speaker, I rise today in strong support of the 
bill to extend the Native American Veterans Housing Loan Program and 
for other purposes.
  In July I introduced H.R. 2317, the House companion bill to S. 714. I 
am pleased that we are able to take up the Senate's version today. I 
would like to thank the gentleman from Arizona [Mr. Stump] and the 
gentleman from Illinois [Mr. Evans] and the staff of the Committee on 
Veterans' Affairs for working hard to strike the compromise which made 
it possible to take up this bill on the floor today. I would especially 
like to thank Debra Wada of Senator Akaka's staff and Jill Cochran of 
the Committee on Veterans' Affairs for their hard work on improving 
benefits for native American veterans.
  In 1992, the Native American Veterans' Home Loan Equity Act was 
enacted to establish and implement a pilot program to make direct 
housing loans to aid native American, Indian, Alaska or Hawaii Native 
or Pacific islander, veterans in purchasing, constructing, or improving 
dwellings on trust lands.
  The Department of Veterans Affairs has successfully entered into 
agreements to provide direct loans to members of 46 Indian tribes and 
Pacific island groups. The VA is in negotiation with hundreds of other 
tribes to establish memorandums of understanding which would make this 
program available to those tribes. It is important that we extend this 
program to allow those native American tribes who are still in 
negotiations with the VA to have a chance to apply for these loans.
  Through June of 1997, 164 loans were made to both Pacific islanders 
and native American veterans, with 90 applications pending. To date 
none of those loans issued has been foreclosed. This is an extremely 
successful program and is the only program available for this group of 
veterans who live on trust lands to finance homes for their families. 
The Department of Veterans Affairs supports the extension of this 
program.
  Therefore, Mr. Speaker, the main issue here is equity. Native 
American

[[Page H10445]]

veterans have a right to the same benefits available to other veterans. 
I urge my colleagues to support this important legislation.
  Mr. STUMP. Mr. Speaker, I yield 3 minutes to the gentleman from 
Florida [Mr. Stearns], chairman of the Subcommittee on Health.
  (Mr. STEARNS asked and was given permission to revise and extend his 
remarks.)
  Mr. STEARNS. Mr. Speaker, I thank the gentleman from Arizona [Mr. 
Stump], the distinguished chairman of the Committee on Veterans' 
Affairs.
  Mr. Speaker, as we take up this bill just 2 days before Veterans Day, 
we are in a very concrete way underscoring our commitment to veterans. 
Among its key provisions, these amendments to S. 714 provide important 
direction to the Department of Veterans Affairs to address what we 
believe is a glaring problem, the need to improve the care VA provides 
to Persian Gulf veterans.
  Our committee has held what the American Legion 2 months ago 
described as ``the most comprehensive and important hearings on Gulf 
War veterans since the end of the Gulf War.'' This legislation stems 
from those hearings and would require VA to take a new approach, 
beginning with creating and funding demonstration programs. This should 
lead VA to develop new, improved models for treating veterans with 
undiagnosed or ill-defined conditions.
  The bill would also clarify that Persian Gulf veterans are eligible 
for care of any condition which may be due to their service in the 
gulf, whether or not it can be linked to toxic substances or 
environmental hazards.
  These amendments would also extend many expiring programs, including 
VA's authority to provide noninstitutional services to the elderly and 
needed assistance for homeless veterans.
  Mr. Speaker, the legislation also provides needed authorization for 
VA medical facility construction and leasing initiatives for fiscal 
year 1998. For these and many other reasons, I support this bill. This 
is an excellent bill, and I urge all the Members to support it.
  Mr. Speaker, I include the following statement for the Record:
  Mr. Speaker, as we take up this bill just 2 days before Veterans Day, 
we are in a very concrete way underscoring our commitment to veterans.
  Among its key provisions, these amendments to S. 714 provide 
important direction to the Department of Veterans Affairs to address 
what is both one of the most glaring problems in the area of veterans 
affairs, and the most pressing problem facing many Persian Gulf war 
veterans--the need for effective health care. In wrestling with this 
problem, our committee has held what the American Legion 2 months ago 
described as ``the most comprehensive and important hearings on Gulf 
War veterans since the end of the Gulf War.'' Our findings and 
resultant legislation have frankly not commanded the attention 
associated with still speculative questions regarding toxic chemical 
exposures. We have found that VA treatment, particularly of veterans 
with hard to diagnose problems, has been uneven from facility to 
facility. Too often, veterans have fallen through the cracks, and 
complex cases have not received coordinated care. VA's primary care 
system appears ill-suited to help the many veterans who suffer from 
ill-defined, multiple-system health problems. Lack of understanding of 
the illnesses affecting Persian Gulf war veterans has fueled a 
perception in many veterans that VA clinicians lack empathy for their 
conditions. This legislation would begin to remedy the kinds of 
problems Persian Gulf veterans and independent observers have 
highlighted about the treatment these veterans have, and in some cases 
have not, received.
  This legislation would require VA to take a new approach in caring 
for these veterans, beginning with creating and funding demonstration 
programs to test new approaches to treating Persian Gulf veterans with 
undiagnosed or ill-defined conditions. Among the approaches VA is to 
develop under the bill are the use of case managers to oversee all 
facets of the veteran's care, establishment of specialized clinics 
serving only Persian Gulf veterans, and the use of multidisciplinary 
treatment aimed at symptom management. The bill would also expand VA 
law regarding Persian Gulf veterans' eligibility for care to clarify 
that such veterans are eligible for care of any condition which may be 
due to their service in the gulf, whether or not such condition may be 
attributable to toxic substances or environmental hazards.
  Our amendments to S. 714 would also extend a number of expiring 
health care programs on which our veterans depend. I am very pleased 
that the bill includes provisions I authored which give VA ongoing 
authority to provide noninstitutional care and services to the elderly, 
and which extend, streamline, and improve VA programs serving veterans 
who are chronically mentally ill and the homeless. This legislation 
gives VA the tools it needs to serve this population, as well as to 
work in partnership with communities to help eradicate veteran 
homelessness. I am pleased that, increasingly, VA is expanding its 
partnership activities in this and other areas. In that regard, this 
bill would also enable VA to develop more beneficial public/private 
partnerships. In adopting provisions passed by the House in April, this 
measure would allow VA to expand an effective program of leasing unused 
property for development of facilities such as assistive living 
facilities, day care centers, and other uses that can benefit veterans 
or the medical centers that serve them.
  The legislation also provides needed authorization for a limited 
number of VA medical facility construction and leasing initiatives for 
fiscal year 1998.
  I am pleased at what we have accomplished for our veterans in this 
legislation. I would acknowledge that a number of House-passed 
provisions on which the Senate had held no hearing are not included in 
this measure. These provisions include sections 7 and 8 of H.R. 2206. 
Section 7 would have provided a needed exemption of VA research 
personnel from an existing policy aimed at reducing the number of VA 
personnel in certain employment grades. While our committee has not 
objected to efforts to reduce the numbers of middle management 
positions in the VA, the failure to exempt researchers is particularly 
short-sighted and damaging to a program so integral to VA's health care 
mission. We strongly urge that the Department adopt an exemption, and 
not wait for us to enact this provision next session. The enactment of 
section 8 of H.R. 2206 would have ruled out future legislative efforts 
to open the Federal supply schedule on pharmaceuticals. The committee 
recognizes, however, that in repealing section 1555 of the Federal 
Acquisition Streamlining Act of 1994 this year, Congress has, as a 
matter of law, effectively rejected as ill-advised the concept of 
opening the Federal supply schedule to cooperative purchasing.
  Overall, this is an excellent bill. I urge Members to support it.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
  I want to thank everybody who has worked on making this legislation 
happen, particularly the committee's staff. On our side, I would like 
to recognize the contribution of Mike Durishin, Jill Cochran, Mary 
Ellen McCarthy, Susan Edgerton, Sandra McClellan, Adam Sachs, Debbie 
Smith, Beth Kilken, and Tom O'Donnell. They have been of great 
assistance to us, particularly me in my first year in this position as 
ranking Democratic member, and we appreciate their time and energy.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from New 
York [Mr. Gilman], the chairman of the Committee on International 
Relations.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I thank the gentleman from Arizona [Mr. 
Stump] for yielding me the time.
  Mr. Speaker, I rise in strong support of S. 714, the Homeless 
Veterans Act. I commend the gentleman from Arizona [Mr. Stump], the 
distinguished chairman of the Committee on Veterans' Affairs, and the 
gentleman from New York [Mr. Quinn], the chairman of the Subcommittee 
on Veterans' Benefits, for bringing this measure to the floor before 
this session adjourns.
  This bill reauthorizes a pilot program which permits the VA to make 
direct housing loans to native American veterans through December 2003, 
which extends the authority of the VA to enter into enhanced-use leases 
through December 31, 1999. Such leases permit the VA to have the 
ability to use underutilized property through leases with private and 
public entities.
  Moreover, this legislation also extends for 2 years the VA's 
authority to operate a health professional scholarship program as well 
as to provide noninstitutional alternatives to veterans' nursing home 
care and also provides funding for spina bifida cases, which need a 
great deal of attention.
  Accordingly, I urge our colleagues to join in supporting this 
important legislation which will significantly aid our veterans.
  Mr. EVANS. Mr. Speaker, I yield whatever time I have remaining for

[[Page H10446]]

purposes of control to the gentleman from Arizona [Mr. Stump], the 
chairman of the full committee.
  Mr. STUMP. Mr. Speaker, I thank the gentleman from Illinois [Mr. 
Evans] for yielding me the time.
  I yield 2 minutes to the gentleman from Connecticut [Mr. Shays].

                              {time}  1615

  Mr. SHAYS. Mr. Speaker, I thank the gentleman for yielding me this 
time. I rise in support of this legislation and to say that, sadly, 
when it comes to the diagnosis and treatment and research for gulf war 
veterans, we find the Federal Government has too often had a tin ear 
and a cold heart and frankly a very closed mind. I do not view this as 
a political problem or a challenge that rests with one party, 
Republican or Democrat. Sadly, the Veterans Administration, the 
Department of Defense, the Central Intelligence Agency, and even the 
Food and Drug Administration have not been responsive to our veterans.
  As the Chair of a panel that did 11 hearings and made recommendations 
on this issue, one of the key components is that we ultimately need, in 
my judgment, to bring research out of the control of the DOD and VA and 
give it to an agency that will begin to focus more on the chemical 
components of the myriad of illnesses that affect our veterans.
  I urge both the Committee on Veterans' Affairs and the Committee on 
National Security to put even more focus on this. I know that the 
President's commission has come out with some recommendations. The 
Subcommittee on Human Resources of the Committee on Government Reform 
and Oversight has come out with some recommendations. I think we are at 
a point where we clearly need to recognize that our troops are not 
being properly diagnosed, they are not being effectively treated, and 
they are not being fairly compensated. But I think we are at a point 
where we are starting to see that change. I know that with the help of 
the gentleman from Arizona [Mr. Stump] and the help of the gentleman 
from Illinois [Mr. Evans], we are going to see renewed energy in this 
area. I think this bill is a start in that process and for that, I am 
grateful. I thank both gentlemen.
  Mr. STUMP. Mr. Speaker, I yield 3 minutes to the gentleman from 
Indiana [Mr. Buyer], a member of the committee, and also the chairman 
of the Subcommittee on Military Personnel of the Committee on National 
Security.
  Mr. BUYER. Mr. Speaker, I thank the gentleman for yielding me this 
time. Let me congratulate the gentleman from Arizona [Mr. Stump] and 
the gentleman from Illinois [Mr. Evans] for their work on this bill. I 
would like to discuss section 103 of this bill. I am disappointed that 
coming out of the conference with the House and the Senate, the 
language that the House adopted has in fact been changed. We were 
seeking to have an independent commission to review what I find to be 
the very poor culture that is in the Nation's second largest agency, 
that of the VA. There is not any Member of this House that has taken on 
the issue of race and gender that I have over the past year with what 
occurred at Aberdeen in sexual misconduct in the military. The 
gentlewoman from California [Ms. Harman], the gentlewoman from Florida 
[Mrs. Fowler] and I have traveled the world to our military bases and 
looked at those issues on gender and race relations. We have taken on 
the systems and subsystems in the military, and we have been very 
aggressive.
  When we turned our eyes upon the VA itself, we began to see a culture 
problem within the VA, a system whereby the victims were being 
revictimized through the Office of General Counsel. We saw individuals 
in their leadership kind of give a wink and a nod to a hostile 
workplace. Let me congratulate the gentleman from Alabama [Mr. Everett] 
and the gentleman from Arizona [Mr. Stump] for taking these issues 
right on and the gentleman from South Carolina [Mr. Clyburn] on the 
oversight.
  Why I was seeking to have an independent commission is I wanted it 
stripped completely out of the hands of the VA because of my lack of 
trust in those who are doing the oversight in the VA itself. I 
recognize in the language in here, they have been very careful to make 
sure that there is some insurance here. We are asking the Secretary to 
have an agreement to make sure that the entity carries out its 
responsibilities and exercises judgments concerning the assessments in 
a manner free of any influence. That means I do not want to hear 
anything over the next year that the VA somehow is scrubbing the 
contractor or getting some kind of review or pressures. If that is 
going to happen, I am going to be pretty upset. Because I know what 
happens when we do independent contracting with the Pentagon. The 
Pentagon today will ask us an issue and it is politically sensitive and 
they begin to control and manipulate the contractor. I want to make 
sure that we have a work environment in the VA that is free of these 
hostilities. I want to make sure that we have a system there that stops 
the revictimizing of the victim because it is very difficult for us to 
actually measure how does that impact upon the care to the veteran 
itself.
  Let me congratulate the gentleman from Arizona [Mr. Stump], because 
the gentleman from Arizona [Mr. Stump], the gentleman from Illinois 
[Mr. Evans] and others, want to make sure that we have a good system. I 
hope and I pray that what has been worked out here is, in fact, going 
to meet the ends for which the gentleman from Arizona and I both want. 
My message for coming here to the well today is that I will be watching 
and I know the gentleman from Arizona will, too, over the contract. I 
will be watching the VA just like the gentleman from Alabama [Mr. 
Everett] has done on the oversight to make sure that there are no 
manipulations whatsoever with the contractor and that the assessment 
that is done is completely independent, because if they do not, we are 
coming down on them hard.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume. I 
thank the gentleman for his kind remarks.
  Mr. Speaker, I would like to thank Senator Specter, Senator 
Rockefeller and the staff of the Senate Veterans' Affairs Committee for 
their hard work in reaching an agreement on this bill.
  I also want to thank the members of the House Committee on Veterans' 
Affairs who participated in the development of this legislation with 
the Senate. The gentleman from Illinois [Mr. Evans], the ranking 
member, has been very cooperative through this entire process. The 
gentleman from Alabama [Mr. Everett], the gentleman from Florida [Mr. 
Stearns], and the gentleman from New York [Mr. Quinn], the subcommittee 
chairmen; the gentleman from South Carolina [Mr. Clyburn], the 
gentleman from Illinois [Mr. Gutierrez], and the gentleman from 
California [Mr. Filner], the ranking members, also put in a great deal 
of time to move this committee's agenda.
  I especially want to thank the gentleman from Louisiana [Mr. Cooksey] 
and the gentleman from Arkansas [Mr. Snyder]. Both are physicians and 
both are members of this committee. We have indeed been very fortunate 
to have them. They were especially helpful in negotiations with the 
Senate.
  I would like to thank the staff of the House Committee on Veterans' 
Affairs for their diligent work on behalf of America's veterans. Three 
staff members will be leaving us this year: Ira Greenspan, Allison 
Clarke, and Sloan Rappoport.
  On behalf of all committee members, I want to express our deepest 
appreciation for all their hard work and efforts and wish them the very 
best in their future endeavors.
  Mr. Speaker, I include for the Record a detailed joint explanatory 
statement of the provisions considered during our deliberations on this 
measure.

    Joint Explanatory Statement for S. 714, the Proposed ``Veterans 
                         Benefits Act of 1997''

       S. 714, the proposed ``Veterans Benefits Act of 1997'' 
     reflects a compromise agreement the Senate and House of 
     Representatives Committees on Veterans' Affairs have reached 
     on a number of bills considered in the Senate and House 
     during the 105th Congress, including H.R. 1092, passed by the 
     House on April 16, 1997, H.R. 1703, passed by the House on 
     October 6, 1997, H.R. 2206, passed by the House on October 6, 
     1997, H.R. 2571, passed by the House on October 6, 1997, S. 
     714, passed by the Senate on November 5, 1997, S. 986, 
     ordered reported by the Senate Committee on

[[Page H10447]]

     October 7, 1997, S. 801, ordered reported by the Senate 
     Committee on October 7, 1997, and S. 999, ordered reported by 
     the Senate Committee on October 7, 1997.
       The Committees on Veterans' Affairs have prepared the 
     following explanation of S. 714 (hereinafter referred to as 
     the compromise agreement). Differences between the provisions 
     contained in the compromise agreement and the related 
     provisions in the bills listed above are noted in this 
     document, except for clerical corrections and conforming 
     changes made necessary by the compromise agreement, and minor 
     drafting, technical, and clarifying changes.


        va employment discrimination resolution and adjudication

     Current law
       Within the statutory framework of title VII, United States 
     Code, the Equal Employment Opportunity (EEO) complaint 
     process for the Department of Veterans Affairs (VA) is 
     governed by federal regulations and Equal Employment 
     Opportunity Commission (EEOC) directives applicable to all 
     federal agencies. The EEO program at VA is under the 
     direction of the Deputy Assistant Secretary for Equal 
     Opportunity, who reports to the Assistant Secretary for Human 
     Resources and Administration.
       The complaint process begins when a VA employee contacts a 
     facility EEO counselor. That counselor is appointed by the 
     facility director who is the EEO Officer for the facility and 
     the custodian of the complaint process. Counseling allows an 
     opportunity for informal resolution of a complaint at the 
     local level. Most EEO counselors perform EEO duties in 
     addition to unrelated VA responsibilities, and all EEO 
     counselors report to the facility director. On receipt of a 
     formal complaint, VA must advise the complainant that it is 
     required to conduct a complete and fair investigation within 
     180 days. The notice also advises the complainant of the 
     right to appeal the final decision to the EEOC. The facility 
     director (EEO Officer) accepts formal complaints and refers 
     those believed to be procedurally defective (about 25 percent 
     a year) to the Office of General Counsel (OGC) for legal 
     review. If any part of the complaint is accepted, the OGC 
     advises the facility and requests the appointment of an EEO 
     investigator to the case. The investigator provides a Report 
     of Investigation to both the complainant and the EEO Officer.
       The agency and complainant may settle the complaint at any 
     point in the EEO process. If a settlement is not reached 
     after the Report of Investigation has been received, the 
     complainant may request either a final agency decision from 
     VA without a hearing, or a hearing by an EEOC Administrative 
     Judge and then a final agency decision. If the complainant is 
     dissatisfied with the agency's final decision, he or she may 
     appeal it to the EEOC Office of Federal Operations. The final 
     step in the complaint process is a title VII civil action in 
     Federal district court. The complainant has the right to file 
     a civil action against the agency any time after 180 days 
     have passed since the filing of a formal complaint with the 
     EEOC Office of Federal Operations. Once in Federal Court, the 
     complaint leaves the EEO administrative complaint system.
     House bill
       Section 2 of H.R. 1703 would direct the Secretary to 
     establish a new VA employment discrimination complaint 
     resolution system whose employees would be supervised by and 
     report to an Assistant Secretary or Deputy Assistant 
     Secretary for complaint resolution management. A new Office 
     of Resolution Management (ORM) would be supported by district 
     managers, field offices, full time EEO counselors and 
     investigators, and 40 FTEE collateral duty counselors. In 
     addition, the ORM would be authorized to make certain final 
     agency decisions on procedural issues.
       Section 3 of H.R. 1703 would establish a VA Office of 
     Employment Discrimination Complaint Adjudication (OEDCA). The 
     bill would transfer final agency decision authority on 
     substantive issues from the Office of the General Counsel to 
     OEDCA. The OEDCA, located in VA Central Office, would be a 
     quasi-independent complaint adjudication unit. The Director 
     of the OEDCA would report directly to the Secretary or Deputy 
     Secretary. In addition to its complaint adjudication 
     responsibilities, the OEDCA would be responsible for creating 
     an efficient and effective complaint tracking system.
       Section 4 of H.R. 1703 would provide an effective date of 
     90 days after enactment of this Act.
       Section 5 of H.R. 1703 would establish an independent panel 
     to review EEO and sexual harassment procedures within VA. The 
     panel would be composed of six members--three appointed 
     jointly by the chairman and ranking member of the House 
     Committee on Veterans' Affairs, and three appointed jointly 
     by the chairman and ranking member of the Senate Committee on 
     Veterans' Affairs.
     Senate bill
       Section 2 of S. 801 would establish a structural component 
     for the Office of Resource Management (ORM) which is 
     identical to section 2 of H.R. 1703. Additionally, section 2 
     of S. 801 would require the VA Office of Inspector General to 
     investigate allegations of discrimination against all GS-15s 
     and above, and report to Congress and the Secretary. Section 
     2 would also require the Secretary to ensure that 
     complainants may elect to consult with full-time EEO 
     employees or part-time EEO employees. Section 2 would contain 
     more specific reporting requirements including information on 
     counseling relating to employment discrimination, the number 
     and type of employment discrimination complaints, the status 
     of such complaints, and the terms of any settlement.
       Section 3 of S. 801 is identical to section 3 of H.R. 1703.
       Section 4 of S. 801 would require the Secretary to contract 
     with a private entity to assess VA's discrimination complaint 
     resolution system. The assessment would include a study of 
     the effectiveness of the training and maintenance of groups 
     of VA employees assigned to investigate claims and provide 
     counseling; the education and training of VA employees 
     regarding their rights and obligations under EEO laws; the 
     use of alternative dispute resolution procedures and 
     settlements in resolving EEO complaints; and other programs, 
     procedures or activities of VA relating to the EEO laws.
       Section 5 of S. 801 is identical to section 4 of H.R. 1703.
     Compromise agreement
       Section 101 follows section 2 of the House bill except that 
     it requires VA to transmit a quarterly notice to the 
     Committees on Veterans' Affairs of the House and Senate which 
     summarizes each employment discrimination complaint filed in 
     the preceding quarter against certain high ranking VA 
     employees. The notice will not include the name of the 
     individual who filed the complaint or name of the individual 
     against whom the complaint is filed. The notice will 
     summarize the nature of the allegations and identify the VA 
     EEO regional field office at which the complaint was filed. 
     The notice will also include a redacted copy of the complaint 
     of employment discrimination and any attachments. Section 101 
     also requires the Secretary to ensure that complainants may 
     elect to consult with fulltime EEO employees or part-time EEO 
     employees. Section 101 contains the expanded reporting 
     requirements included in the Senate bill.
       Section 102 follows section 3 of the House bill.
       Section 103 follows section 4 of the Senate bill, with an 
     additional requirement that the Secretary ensure the 
     independence of the private entity conducting the assessment 
     of VA's employment discrimination complaint resolution 
     system.


                   native american home loan program

     Current law
       Subchapter V of chapter 37, title 38, United States Code, 
     authorizes the Secretary of the Department of Veterans 
     Affairs (VA) to conduct a pilot program making direct loans 
     to Native Americans to purchase, construct, renovate, or 
     refinance homes on trust land. The Secretary is required to 
     enter into a memorandum of understanding (MOU) with the 
     various tribal governments prior to making any such loans. 
     The MOU must give the Secretary access to the property for 
     any purpose such as appraisal or monitoring of construction 
     in connection with the loan. Tribal governments must agree to 
     assist with the implementation in a responsible and prudent 
     manner.
       The maximum loan amount is $80,000 unless the Secretary 
     determines that local housing costs justify a higher amount. 
     The Secretary is required to establish appropriate credit 
     underwriting standards which give consideration to the 
     purpose of the program. The Secretary is also required to 
     conduct an outreach program to educate tribal organizations 
     and Native American veterans about the program. The program 
     expired September 30, 1997.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 1 of S. 714 would extend the authority to carry out 
     this program through December 31, 2003, and add provisions 
     regarding specific outreach requirements. These include 
     consulting about the housing needs of Native Americans with 
     the National Congress of American Indians, the National 
     American Indian Housing Council and the Department of 
     Hawaiian Homelands, as well as distributing information to 
     tribal organizations. The bill also requires an annual report 
     by February 1 of each year detailing the operations of the 
     program, outreach activities and an analysis of the pool of 
     Native American veterans who are eligible for participation 
     in the program.
     Compromise agreement
       Section 201 includes the Senate provisions with added 
     outreach and reporting requirements and extends VA's program 
     authority to December 31, 2001.


 treatment and rehabilitation for seriously mentally ill and homeless 
                                veterans

     Current law
       Current law includes several provisions which authorize 
     specific VA programs to assist homeless veterans and to 
     contract for residential care for homeless veterans, mentally 
     ill veterans, and veterans suffering from substance abuse or 
     dependence.
       Section 1720A of title 38, United States Code, permits the 
     Secretary to contract for care, treatment, and rehabilitative 
     services in various treatment facilities--subject to a review 
     of the quality and effectiveness of its programs--for 
     eligible veterans suffering from alcohol or drug dependence 
     or abuse disabilities.
       The Secretary is also given the authority to work in 
     consultation with the Secretary

[[Page H10448]]

     of Labor and the Director of the Office of Personnel 
     Management to urge federal agencies and appropriate private 
     companies to provide employment opportunities to those 
     veterans who have completed such programs.
       Under this section of law, the Secretary is directed to 
     provide referral services to non-eligible veterans who seek 
     alcohol or drug dependence assistance.
       The authority to furnish such care expires after December 
     31, 1997.
       The Secretary was also tasked with conducting ongoing 
     clinical evaluations of drug and alcohol abuse treatment to 
     veterans, and to report to Congress on the findings.
       Section 115 of Public Law 100-322 (as extended through 
     subsequent laws) authorizes the VA to conduct a pilot program 
     to provide care, treatment and rehabilitative services in 
     halfway houses, therapeutic communities, psychiatric 
     residential treatment centers, and other community-based 
     treatment facilities to eligible homeless veterans suffering 
     from chronic mental illness disabilities. This program is set 
     to expire on December 31, 1998.
       Section 7 of Public Law 102-54 authorizes the Secretary to 
     carry out a compensated work therapy and transitional housing 
     demonstration program, which expires on December 31, 1997.
       Section 107 of the Veterans' Medical Programs Amendments of 
     1992 requires the Secretary to (1) assess all programs 
     developed by VA facilities which have been designed and 
     established to assist homeless veterans; and (2) to the 
     maximum extent practicable, seek to replicate at other VA 
     facilities those programs which have as a goal the 
     rehabilitation of homeless veterans. It also requires 
     directors of VA medical centers and regional benefits 
     offices, in coordination with non-VA organizations with 
     experience working with local homeless persons, to develop 
     lists of all programs assisting homeless persons and 
     encourages the cooperative development of a local plan for 
     coordinating services for homeless veterans. The law also 
     requires VA medical center directors and regional office 
     directors to meet, to the maximum extent feasible through 
     existing programs and available resources, the identified 
     needs of homeless veterans and attempt to inform homeless 
     veterans whose needs cannot be met of services available in 
     the area.
       Section 2 of the Homeless Veterans Comprehensive Service 
     Programs Act of 1992 requires the Secretary to establish and 
     operate, through September 30, 1997, a pilot program to 
     expand and improve the provision of benefits and services by 
     the Department of Veterans Affairs to homeless veterans. VA 
     is authorized to operate up to eight demonstration programs, 
     and each site shall include a comprehensive and coordinated 
     array of specialized services.
     House bill
       Section 2(a) of H.R. 2206 would consolidate, extend and 
     revise, in part, Department of Veterans Affairs progams which 
     serve veterans who are homeless or suffer from chronic mental 
     illness or substance abuse or dependence. It would amend 
     chapter 17 to title 38, United States Code, by adding a new 
     subchapter entitled ``Treatment and Rehabilitation for 
     Seriously Mentally Ill and Homeless Veterans.''
       New section 1771 would authorize the Secretary to provide 
     outreach services; care, treatment, and rehabilitative 
     services; and therapeutic transitional housing assistance to 
     veterans suffering from serious mental illness, including 
     veterans who are homeless.
       New section 1772 would authorize the Secretary, in 
     conjunction with operating compensated work therapy programs, 
     to operate residences and facilities as therapeutic housing. 
     The provision would give the Secretary latitude to purchase, 
     lease, or otherwise acquire residential housing in such a way 
     as to best expedite the opening and operation of transitional 
     housing. Such housing would be subject to requirements 
     specified in the bill, to include a requirement that only 
     eligible veterans and a house manager may live at a 
     residence; veterans residents would be required to make 
     payments that contribute to covering their board and the 
     operating costs of the facility. Furthermore, residents would 
     be prohibited from drinking or taking drugs and would be 
     subject to drug testing. Any resident in violation of this 
     policy could be expelled. All zoning, building permit, and 
     other similar community requirements--as well as State and 
     community fire and safety requirements--would be applicable. 
     The measure would authorize the Secretary to set reasonable 
     payment rates for residents, limit the duration of each 
     veteran's residence, and establish qualifications for the 
     house manager. The Secretary would have broad authority in 
     selecting property to be established as transitional housing. 
     The Secretary could consider any suitable defaulted 
     residential property, any suitable space within a facility 
     already under the Department's jurisdiction but no longer in 
     use, and any other property acquired by the Department. The 
     measure makes specific provision for the transfer of 
     defaulted property from the Veterans Benefits Administration 
     as well as obtaining property from the Department of Housing 
     and Urban Development. The Secretary may dispose of any 
     property acquired for this purpose and funds obtained by such 
     a sale would go to the General Post Fund. Section 1772 would 
     also provide that payments received by the VA under this 
     section be deposited in the General Post Fund. The measure 
     would require the Secretary to manage the program so that 
     expenditures for any fiscal year do not exceed by more than 
     $500,000 proceeds credited to the General Post Fund under 
     this section. Operating funds and receipts would be accounted 
     for separately and would each be stated in the President's 
     budget for each fiscal year.
       New section 1773 would direct the Department, subject to 
     the availability of appropriations, to operate no fewer than 
     eight comprehensive-services centers to assist homeless 
     veterans.
       New section 1774 would, subject to available funding, 
     require VA, in assisting homeless veterans, to coordinate, 
     and permit the Department to provide authorize services in 
     conjunction with other agencies of State, local, and Federal 
     government, and nongovernmental organizations. It would also 
     require VA facility directors to assess and identify local 
     homeless veterans, needs and the adequacy of existing 
     programs to meet those needs, and take appropriate action, to 
     the extent practicable to meet those needs. Such assessments 
     are to identify homeless veterans' needs in the areas of 
     health care, education and training, employment, shelter, 
     counseling, and outreach services. Each assessment is also to 
     comment on the adequacy of current VA programs with regards 
     to these needs. This section would also require local VA 
     officials to work with other governmental entities and 
     homeless advocacy groups to develop a list of programs 
     designed to assist homeless persons and homeless veterans in 
     the area; provide outreach to the developers of local 
     homeless programs to coordinate the provision of services to 
     homeless veterans; attempt to identify and meet the needs of 
     homeless veterans; and inform the homeless veteran population 
     in the area whose needs cannot be met by the VA director of 
     services available to such veterans in the community.
     Senate bill
       Section 2(a) of S. 714 would extend the VA's authority 
     under section 1720A of title 38, United States Code, to treat 
     and rehabilitate veterans with alcohol or drug dependence or 
     abuse disabilities through December 31, 1999.
       Section 2(c) of S. 714 would extend the VA's authority to 
     provide community-based care to homeless veterans under the 
     Veterans' Benefits and Services Act of 1988 through December 
     31, 1999.
       Section 2(d) of S. 714 would extend the VA's Compensated 
     Work Therapy and Therapeutic Transitional Housing 
     demonstration program under Public Law 102-54 through 
     December 31, 1999.
       Section 2(e) of S. 714 would amend the Homeless Veterans 
     Comprehensive Service Programs Act of 1992 to extend through 
     September 30, 1999 (1) VA's authority to operate 
     comprehensive service centers to assist homeless veterans, 
     (2) VA's authority to make grants and to assist homeless 
     veterans, and (3) the authorization of appropriations for 
     that Act.
     Compromise agreement
       Section 202 generally follows the House bill, except that 
     the program authorities would include a sunset date of 
     December 31, 2001.


          sale or lease of va properties to homeless providers

     Current law
       Section 3735 of title 38, United States Code, authorizes 
     the Secretary of the VA to sell, lease or donate foreclosed 
     VA properties to nonprofit organizations or a State or 
     political subdivision of a State for the purpose of assisting 
     homeless veterans and their families in acquiring shelter. 
     Properties eligible for transfer under this program are those 
     not likely to be sold at a price that would reduce the VA's 
     liability on the property. Providers must comply with all 
     zoning codes and agree to use the property to shelter 
     primarily homeless veterans and their families. The Secretary 
     may make loans on such properties at below-market rates and 
     may waive all fees required under section 3729 of title 38, 
     United States Code. The program expires December 31, 1997.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 2 of S. 714 would extend the authority to carry out 
     this program through December 31, 1999.
     Compromise agreement
       Section 203(a) includes the Senate provision.


   extension of homeless veterans comprehensive service grant program

     Current law
       Section 3 of the Homeless Veterans Comprehensive Service 
     Programs Act of 1992 (38 USC section 7721 note) authorizes 
     the Secretary to establish and operate a grant program to 
     assist eligible entities in establishing new programs to 
     furnish outreach, rehabilitative services, vocational 
     counseling and training, and transitional housing assistance 
     to homeless veterans. This program expired on September 30, 
     1997 and limited the Department to providing grants for no 
     more that 25 service centers and no more than 20 programs 
     which incorporate the procurement of vans for use in outreach 
     to, and transportation for, homeless veterans to carry out 
     the intention of the law.
     House bill
       Section 3 of H.R. 2206 would extend VA's authority to make 
     such grants to September

[[Page H10449]]

     30, 1999 and would strike the limitation on the number of 
     grants which may be awarded for specified purposes.
     Senate bill
       Section 2(e)(2) of S. 714 would extend the grant program 
     until September 30, 1999.
     Compromise agreement
       Section 203(b) follows the Senate bill.


                homeless veterans reintegration project

     Current law
       The Stewart B. McKinney Homeless Assistance Act (title 42, 
     section 11448(e)(1)) authorizes the Department of Labor to 
     provide grants to community based organizations focusing on 
     returning homeless veterans to the work force. The program is 
     administered by the Veterans Employment and Training 
     Service. From 1988 through 1996, the program served over 
     41,000 homeless veterans, placing over 18,000 in jobs. The 
     program expires December 31, 1997.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 4(e) of S. 714 would amend the Stewart B. McKinney 
     Homeless Assistance Act (title 42, section 11448(e)(1) to 
     extend the expiration date of the Homeless Veterans 
     Reintegration Project to December 31, 1999, and authorize 
     expenditures up to $10,000,000 per year.
     Compromise agreement
       Section 203(c) includes the Senate provision.


            annual report on assistance to homeless veterans

     Current law
       Section 1001 of the Veterans Benefits Improvements Act of 
     1994 (38 USC section 7721 notes) requires that the Secretary, 
     by April 15 of each year, submit to the Committees a report 
     on the activities of the VA's homeless programs. The annual 
     report is to include the number of homeless veterans provided 
     assistance under VA programs, the cost of providing these 
     programs, and any other information the Secretary deems 
     appropriate.
     House bill
       Section 4 of H.R. 2206 would expand the scope of this 
     reporting requirement. It would require the VA to report on 
     its evaluation of the effectiveness of its programs relating 
     to residential work therapy, outreach, community-based 
     residential treatment, and case management, as well as 
     contract care programs for alcohol and drug dependence or 
     abuse disabilities. Further, it would require the Secretary 
     to evaluate and report on the effectiveness of programs 
     established through grants awarded under the Homeless 
     Veterans Comprehensive Service Grant Program.
     Senate bill
       The Senate bill contains no comparable provision.
     Compromise agreement
       Section 204 follows the House bill.


  enhanced-use leases of department of veterans affairs real property

     Current law
       Under section 8169 of title 38, United States Code, the 
     Secretary's authority to enter into enhanced-use leases of 
     Department of Veterans Affairs real property expires after 
     December 31, 1997.
       Section 8168 of title 38, United States Code, limits the 
     number of enhanced-use leases (other than leases for child 
     care centers) which the Secretary may execute to 20, and sets 
     a 10-project cap on such leases during any one fiscal year.
     House bill
       Section 101 of H.R. 1052 would extend the Secretary's 
     authority to enter into such leases to December 31, 2002 and 
     would repeal the limits on the number of enhanced-use leases 
     which the Secretary may execute.
     Senate bill
       Section 3 of S. 714 would change the limit from 20 to 40 
     and extend the program until December 31, 1999.
     Compromise agreement
       Section 205 generally follows the House bill except that 
     the program would expire on December 31, 2001.


           Noninstitutional Alternatives to Nursing Home Care

     Current law
       Section 1720C of title 38, United States Code, authorizes 
     the Secretary to conduct a pilot program for the furnishing 
     of medical, rehabilitative and health-related services in 
     noninstitutional settings for eligible veterans for nursing 
     home care. This provision authorizes VA services through 
     December 31, 1997.
     House bill
       Section 5 of H.R. 2206 would provide ongoing authority for 
     this program.
     Senate bill
       Section 4 of S. 714 would extend the program through 
     December 31, 1999.
     Compromise agreement
       Section 206 follows the House bill.


                Health Professional Scholarship Program

     Current law
       Section 7611 of title 38, United States Code, authorizes 
     the Department to institute the Department of Veterans 
     Affairs Health Professional Scholarship Program, which gives 
     students the opportunity to receive VA health care 
     scholarships in exchange for a specified period of employment 
     in VA after graduation. In authorizing an extension of that 
     program through December 31, 1997, Congress in section 202 of 
     Public Law 104-110 required the Department to evaluate the 
     efficacy of the program and compare its costs and benefits 
     with alternative approaches to ensure adequate recruitment 
     and retention of health professionals. The Department failed 
     to carry out that report requirement.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 4(b) of H.R. 714 would extend the program through 
     December 31, 1999.
     Compromise agreement
       Section 207 would extend the program to December 31, 1998 
     and would also require that the Department report to Congress 
     within six months in accordance with the requirement in 
     Public Law 104-110.


                         Mammography Standards

     Current law
       Section 106(a)(2) of the Veterans Health Care Act of 1992 
     (38 USC 1710 note) provides that the Department may provide 
     breast examinations and mammography to women veterans.
     House bill
       The House bill contains no comparable provision.
     Senate bill
       S. 999 would specify that the Department follow the 
     recommendations of the American Cancer Society regarding the 
     frequency of screening mammograms for women in specific age 
     groups.
     Compromise agreement
       Section 208 would require the VA's Under Secretary for 
     Health to develop a national policy for the VHA with respect 
     to mammography standards for veterans. Such a policy would 
     specify standards of mammography screening and include 
     recommendations on screening for women over the age of 39 and 
     veterans with clinical symptoms, risk factors or family 
     history of breast cancer. The section would also provide for 
     clinician discretion on this matter. Additionally, the 
     section includes a section (c) Sense of the Congress, that 
     the policy adopted by VHA in sections (a) and (b) shall be in 
     accordance with the guidelines endorsed by the Secretary 
     of Health and Human Services and the Director of the 
     National Institutes of Health.


                       persian gulf war veterans

     Current law
       Section 703 of Public Law 102-585, as amended, directs the 
     VA to provide a health examination (including any appropriate 
     diagnostic tests), consultation, and counseling with respect 
     to the results of such an examination to any Persian Gulf War 
     veteran who requests such an examination. Such examination 
     findings are also to be included in a Persian Gulf War 
     Veterans health registry, to be maintained by the VA.
       Section 1710(e)(1)(c) of title 38, United States Code, 
     provides eligibility for care, through December 31, 1998, to 
     any veteran of the Persian Gulf War who may have been exposed 
     to a toxic substance or environmental hazard during such 
     service for any condition which may be associated with such 
     exposure.
     House bill
       Section 6(a) of H.R. 2206 would specify that Persian Gulf 
     veterans shall be verbally counseled on the results of health 
     examinations carried out under section 703 of Public Law 102-
     582, as amended.
       Section 6(b) of H.R. 2206 would clarify that a Persian Gulf 
     veteran is eligible for VA health care for any condition--not 
     just for exposure of a toxic substance or environmental 
     hazard--which may be associated with service in the Gulf.
       Section 6(c) of H.R. 2206 would direct the Secretary to 
     carry out a program of demonstration projects designed to 
     test innovative approaches to treating Persian Gulf veterans 
     at up to 10 VA medical centers across the country. Three 
     treatment models--a specialized Persian Gulf clinic, a 
     multidisciplinary treatment program aimed at managing 
     symptoms, and the use of case managers--would be used at at 
     least two demonstration sites. The Secretary is required to 
     provide $5 million in appropriated funds for use in carrying 
     out these projects. Before a location has been designated as 
     a demonstration site, a peer review panel must determine the 
     efficacy of the selection, using as its criteria the 
     facility's ability to attract outstanding and innovative 
     physicians to the project and to effectively evaluate the 
     activities of the project.
     Senate bill
       The Senate bill contains no comparable provisions.
     Compromise agreement
       Section 209 follows the House bill except that it does not 
     include Section 6(a), which contains a provision relating to 
     VA counseling of Persian Gulf veterans.


          report on medical emergencies arising from terrorism

     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 432 of S. 986 requires the President by March 1, 
     1998, to submit to Congress a report on plans, preparations 
     and the capability of all levels of government to respond 
     nationally to medical emergencies arising from

[[Page H10450]]

     the terrorist use of weapons of mass destruction. The report 
     is to be prepared in consultation with specified departments 
     and agencies of the Federal government, and the President is 
     to designate a lead agency for purposes of preparing the 
     report. The section specifies matters to be included in such 
     report, including a description of steps taken to prepare to 
     respond to such emergencies; a description of existing 
     obligations, roles, and lines of authority within government 
     for such a situation; an assessment of current level of 
     preparedness and listing of existing medical assets available 
     to respond; and estimated costs of government agencies and 
     departments to prepare for and carry out their respective 
     roles.
     Compromise agreement
       Section 210 follows the Senate bill.


                       construction authorization

            authorization of major medical facility projects

     Current law
       Section 8104(a)(2) of title 38, United States Code, 
     provides that no funds may be appropriated for any fiscal 
     year, and the Secretary of Veterans Affairs may not obligate 
     or expend funds (other than for advance planning and design), 
     for any major medical facility project unless funds for that 
     project have been specifically authorized by law.
     House bill
       Section 1(1) of H.R. 2571 would authorize the Secretary to 
     carry out a seismic corrections project at the Memphis VA 
     Medical Center in an amount not to exceed $34.6 million.
       Section 1(2) of H.R. 2571 would authorize the Secretary to 
     make seismic corrections and other improvements at the 
     McClellan Hospital in Sacramento, California using up to $48 
     million in previously appropriated funds.
       Section 1(3) of H.R. 2571 would authorize the Secretary to 
     carry out outpatient improvement projects with already-
     appropriated funds at facilities in Mare Island, Vallejo, 
     California and Martinez, California in an amount not to 
     exceed $7 million.
     Senate bill
       Section 201 of S. 986 contains provisions substantively 
     similar to section 1(1) of H.R. 2571.
       S. 986 contains no comparable provision to sections 1(2) 
     and 1(3) of H.R. 2571.
     Compromise agreement
       Section 301 follows the House bill.


             authorization of major medical facility leases

     Current law
       Section 8104(a)(2) of title 38, United States Code, 
     provides that no funds may be appropriated for any fiscal 
     year, and the Secretary of Veterans Affairs may not obligate 
     or expend funds (other than for advance planning and design), 
     for any major medical facility lease unless funds for that 
     lease have been specifically authorized by law.
     House bill
       Section 2 of H.R. 2571 would authorize the Secretary to 
     carry out the following leases of satellite outpatient 
     clinics: Jacksonville, FL, $3.095 million; Boston, MA, $5.215 
     million; Canton, OH, $2.115 million; Portland, OR, $1.919 
     million; and Tulsa, OK, $2.112 million.
       Section 2 of H.R. 2571 would authorize the Secretary to 
     carry out the following leases of information resources 
     management field offices: Birmingham, AL, $595,000; and Salt 
     Lake City, UT, $652,000.
     Senate bill
       Section 202 of S. 986 contains provisions identical to 
     section 2 of H.R. 2571, except that the lease for the 
     satellite outpatient clinic in Canton, OH is authorized for 
     $735,000.
     Compromise agreement
       Section 302 follows the House bill.


                    authorization of appropriations

     Current law
       Section 8104(a)(2) of title 38, United States Code, 
     provides that no funds may be appropriated for any fiscal 
     year, and the Secretary of Veterans Affairs may not obligate 
     or expend funds (other than for advance planning and 
     design), for any major medical facility lease unless funds 
     for that project or lease have been specifically 
     authorized by law.
     House bill
       Section 3(a)(1) of H.R. 2571 would authorize to be 
     appropriated to the Department of Veterans Affairs for fiscal 
     year 1998 $34.6 million for the Construction, Major Projects 
     account to be used for major medical facility projects.
       Section 3(a)(2) of H.R. 2571 would authorize to be 
     appropriated to the Department of Veterans Affairs for fiscal 
     year 1998 $15.703 million for the Medical Care account to be 
     used for major medical facility leases.
       Section 3(b) of H.R. 2571 would limit the authorized 
     projects to be carried out using only (1) specifically 
     authorized major construction funds appropriated for fiscal 
     year 1998; (2) funds appropriated for Construction, Major 
     Projects before fiscal year 1998 that remain available for 
     obligation; and (3) funds appropriated for Construction, 
     Major Projects, for fiscal year 1998 for a category of 
     activity not specific to the project.
     Senate bill
       Section 203(a) of S. 986 would authorize appropriations for 
     Fiscal Years 1998 and 1999. It would authorize a $34.6 
     million appropriation for the Construction, Major Projects 
     account and a $14.323 million appropriation for the Medical 
     Care account.
       Section 203(b) differs from section 3(b) of H.R. 2571 only 
     in that both fiscal years 1998 and 1999 are included.
     Compromise agreement
       Section 303 follows the House bill.


              Clarification on Eligibility for Health Care

     Current law
       In amendments to section 1710 in Public Law 104-262, 
     Congress provided, in pertinent part, that VA ``shall'' 
     (subject to available appropriations) furnish hospital care 
     and medical services to a veteran ``who has a compensable 
     service-connected disability'' (38 U.S.C. section 
     1710(a)(2)(A). Section 1710(a)(2)(B) of title 38, United 
     States Code, reflects similar terminology in providing for 
     care of any veteran discharged or released for active service 
     ``for a compensable' disability''.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 412(a) of S. 986 would strike the word compensable 
     from section 1710(a)(2)(B), as amended by P.L. 104-262.
     Compromise agreement
       Section 402(a) follows the Senate provision.


                           Home Improvements

     Current Law
       A technical amendment in the Veterans' Health Care 
     Eligibility Reform Act of 1996 was construed by the 
     Department as having had the effect of limiting to so-called 
     ``category A'' veterans' eligibility for VA payments for home 
     improvements and structural alterations. Higher-income 
     (``category C'') veterans, who had been eligible for a one-
     time $1200 benefit under prior law, were deemed ineligible 
     under the change
     House bill
       Section 9(a) of H.R. 2206 would amend section 1717(a)(2)(B) 
     of title 38, United States Code, to clarify that category C 
     veterans under VA treatment are eligible for the one-time 
     $1200 home improvement/structural alteration benefit.
     Senate bill
       Section 412(b) of S. 986 contains a similar provision.
     Compromise agreement
       Section 402(b) follows the Senate bill.


                  transfers to community nursing homes

     Current law
       Under section 1720 of title 38, United States Code, VA may 
     only transfer to, and provide for care in, a community 
     nursing home, veterans who have received VA inpatient care. 
     Existing law makes no provision for such transfer and 
     placement on the part of a veteran who, in the course of VA 
     provision of ambulatory treatment, is found to need nursing 
     home care.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 412(c) of S. 986 would strike the limitation in 
     section 1720 of title 38, United States Code, which restricts 
     VA transfers and placements into community nursing homes to 
     veterans receiving inpatient care, and would authorize such 
     needed placements for any veteran under care in a VA 
     facility.
     Compromise agreement
       Section 402(c) follows the Senate provision.


              sharing of health-care resources: purchasing

     Current law
       Under section 8153 of title 38, United States Code, VA may 
     enter into agreements with any entity to buy health care 
     resources. Where VA proposes to obtain such resources from an 
     affiliated institution or organization, it may do so, under 
     section 8153(a)(3)(A), ``without regard to any law or 
     regulation'' requiring competition. VA may also procure such 
     resources from a source other than an affiliated entity under 
     simplified procedures aimed at promoting competition to the 
     maximum extent practicable; such ``simplified procedures . . 
     . shall permit all responsible sources to submit a bid. . . 
     .'' (38 USC section 8153(a)(3)(B)).
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 412(d) of S. 986 would amend section 8153(a)(3)(A) 
     to clarify that purchases of resources from an affiliated 
     entity are exempt from otherwise applicable requirements for 
     competition not only in law or regulation but also in any 
     Executive order, circular, or other administration policy. 
     Section 412(e) of S. 986 would amend section 8153(a)(3)(B) to 
     clarify that VA may reasonably limit the number of sources 
     sought for bids under its authority to employ simplified 
     procedures.
     Compromise agreement
       Sections 402(d) and 502(e) follow the Senate provision


                           hospital reference

     Current law
       The VA medical facility in Columbia, South Carolina is 
     named the ``Wm. Jennings Bryan Dorn Veterans' Hospital''.

[[Page H10451]]

     House bill
       Section 9(b) of H.R. 2206 would redesignate this facility 
     as the ``Wm. Jennings Bryan Dorn Department of Veterans 
     Affairs Medical Center''.
     Senate bill
       The Senate bill contains no comparable provision.
     Compromise agreement
       Section 403 follows the House bill.
     Current law


                              spina bifida

     Current law
       Chapter 18 of title 38, United States Code, authorizes the 
     Secretary to provide medical care, compensation, and 
     vocational training benefits for Vietnam veterans' children 
     who are conceived following service in Vietnam and are born 
     with spina bifida. The veteran must have been discharged 
     under conditions other than dishonorable. Compensation in the 
     amounts of $200, $700, and $1,200 is based on the severity of 
     the disability. Children are eligible for up to 24 months of 
     vocational training generally following completion of high 
     school.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       The Senate bill contains no comparable provision.
     Compromise agreement
       Section 404 includes technical and clarifying amendments to 
     chapter 18 title 38, United States Code, including a 
     provision to provide benefits regardless of the veteran's 
     type of discharge.


             compensation and pension medical examinations

     Current law
       Physicians employed by the Veterans Health Administration 
     may conduct disability examinations of veterans who have 
     applied for VA monetary benefits. Section 504 of Public Law 
     104-272 authorizes VA to conduct a pilot program involving 
     use of physicians who provide such examinations under 
     contract arrangements. VA is to report on its experience 
     under such program by October 1999.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 411 of S. 986 would add a new section 7704 to title 
     38, United States Code, which would authorize the Under 
     Secretary for Benefits to reimburse the Under Secretary for 
     Health for costs incurred in providing disability 
     examinations.
     Compromise agreement
       The compromise bill contains no provision on this subject.


                            personnel policy

     Current law
       Section 711 of title 38, United States Code, requires the 
     Secretary to report to Congress and delay for a specified 
     period any systematic reduction in grade of employees engaged 
     in direct patient care or who are professional employees and 
     computer specialists.
     House bill
       Section 7 of H.R. 2206 would amend section 7425 of title 
     38, United States Code, to provide that Veterans Health 
     Administration employees in positions involving the provision 
     (or supervision) of patient care or the conduct of research 
     are not subject to any reduction (required by law or 
     Executive branch policy) in the number of percentage of 
     employees or personnel positions within specified pay 
     grades.
     Senate bill
       The Senate bill contains no comparable provisions.
     Compromise agreement
       The compromise bill contains no provision relating to this 
     subject.


                  purchases of pharmaceutical products

     Current law
       The Federal Government, primarily through the General 
     Services Administration, negotiates and awards contracts for 
     products and services through federal supply schedules. The 
     Government issues solicitations, receives offers from 
     prospective vendors, negotiates with them on product and 
     service prices, and award contracts. Such contracts give 
     vendors the right to sell goods and services to the 
     government during the period that the contract is in effect; 
     federal agencies order products and services directly from a 
     vendor and pay the vendor directly. Congress, by law, has 
     authorized a variety of other entities, including certain 
     Indian tribal governments, to make purchases from the federal 
     supply schedule. The General Services Administration, which 
     has responsibility for managing the federal supply schedules, 
     has delegated responsibility for managing a number of such 
     schedules, including the schedule for pharmaceuticals, to the 
     Department of Veterans Affairs.
     House bill
       Section 8 of H.R. 2206 would amend section 8125 of title 
     38, United States Code, to provide that, notwithstanding any 
     other provision of law, any product listed on the 
     pharmaceutical Federal Supply Schedule may only be procured 
     from that schedule by or for the federal government or any 
     other entity specified in federal law or regulation as of 
     July 1, 1997.
     Senate bill
       The Senate bill contains no similar provisions.
     Compromise agreement
       The compromise bill contains no provision relating to this 
     subject.


                              parking fees

     Current law
       Section 8109(d)(1) requires the collection of parking fees 
     (other than from veterans and volunteers) at VA health care 
     facilities under specified circumstances.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       S. 309 would prohibit the collection of parking fees at VA 
     parking facilities used in connection with a medical facility 
     which is operated jointly under a health care resources 
     sharing agreement with the Department of Defense.
     Compromise agreement
       The compromise bill contains no provision relating to this 
     subject.


               sharing of health-care resources: selling

     Current law
       Under section 8153 of title 38, United States Code, VA may 
     enter into agreements with any entity to sell health care 
     resources. Section 8153(e) requires, as a precondition to 
     VA's furnishing services to nonveterans under section, that 
     VA make certain findings, including a determination ``that 
     veterans will receive priority under such an arrangement''.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 412(f) of S. 986 would amend section 8153(a)(3)(B) 
     to strike the language regarding veterans receiving a 
     priority under such an arrangement and substitute language to 
     require a determination that ``care to veterans will not be 
     diminished as a result of such an arrangement''.
     Compromise agreement
       The compromise bill contains no provision on this subject.


             consolidation of housing loan revolving funds

     Current law
       Chapter 37 of title 38, United States Code, establishes the 
     Direct Loan Revolving Fund, the Loan Guaranty Revolving Fund, 
     and the Guaranty and Indemnity Fund at the Department of the 
     Treasury for deposits and disbursements related to veterans' 
     home loan guaranty and direct home loan programs.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       The Senate bill also contains no provision changing current 
     law.
     Compromise agreement
       The compromise bill contains no provision on this subject.


              recoupment of special separation incentives

     Current law
       Section 1174 of title 10 authorizes the Secretary of 
     Defense to pay a special separation bonus to active duty 
     service members who have served between six and 20 years. 
     Separation pay is based on length of service and base pay at 
     the time of separation. This pay is subject to taxation.
       Section 1174(h) of title 10 and section 5304 of title 38 
     requires the Secretary of Veterans Affairs to offset the 
     amount of compensation paid to a veteran due to service 
     connected disability by an amount equal to special separation 
     incentives. Section 653 of Public Law 104-201 limited VA's 
     recoupment on special separation incentives made on or after 
     September 30, 1996 to the net amount after taxes.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 431 of S. 986 would amend chapter 53 of title 38, 
     to add a new provision limiting recoupment for any 
     compensation paid after December 5, 1991 to 75 percent of the 
     special separation pay.
     Compromise agreement
       The compromise bill contains no provision on this subject.


                  enhance state cemetery grant program

     Current law
       Chapter 24 of title 38, United States Code, authorizes the 
     Secretary of Veterans Affairs to provide grants to States to 
     establish new veterans' cemeteries or to expand or improve 
     existing veterans' cemeteries owned by the State. Under this 
     authority, VA may grant up to 50 percent of the cost of the 
     land and improvements to that land. If the State owns the 
     land at the time of the grant, the value of the land may be 
     counted for up to 50 percent of the State's contribution.
     House bill
       The House bill contains no provision changing current law.
     Senate bill
       Section 421 of S. 986 contains provisions to increase the 
     VA share of the project costs for

[[Page H10452]]

     state veterans' cemeteries funded under the grant program. 
     This provision would authorize the Secretary to grant up to 
     100 percent of the cost of improvements to the land to be 
     purchased and up to 100 percent of the initial equipment 
     costs. For existing cemeteries, the Secretary would be 
     authorized to grant up to 100 percent of the cost of the 
     improvements made to any additional land purchased for 
     expansion or 100 percent of the cost of improvements to 
     existing cemetery land.
     Compromise agreement
       The compromise bill contains no provision relating this 
     subject.
_______________________________________________________________________
                              N O T I C E

Incomplete record of House proceedings. Except for concluding business 
                             which follows,
 today's House proceedings will be continued in the next issue of the 
                                Record.


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