[Congressional Record Volume 143, Number 158 (Monday, November 10, 1997)]
[Senate]
[Pages S12488-S12494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 VETERANS' BENEFITS DENIAL ACT OF 1997

  Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on (S. 923) to deny veterans 
benefits to persons convicted of Federal capital offenses.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 923) entitled 
     ``An Act to deny veterans benefits to persons convicted of 
     Federal capital offenses.'', do pass with the following 
     amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. DENIAL OF ELIGIBILITY FOR INTERMENT OR 
                   MEMORIALIZATION IN CERTAIN CEMETERIES OF 
                   PERSONS COMMITTING FEDERAL CAPITAL CRIMES.

       (a) Prohibition Against Interment or Memorialization in 
     Certain Federal Cemeteries.--Chapter 24 of title 38, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 2411. Prohibition against interment or memorialization 
       in the National Cemetery System or Arlington National 
       Cemetery of persons committing Federal or State capital 
       crimes

       ``(a)(1) In the case of a person described in subsection 
     (b), the appropriate Federal official may not--
       ``(A) inter the remains of such person in a cemetery in the 
     National Cemetery System or in Arlington National Cemetery; 
     or
       ``(B) honor the memory of such person in a memorial area in 
     a cemetery in the National Cemetery System (described in 
     section 2403(a) of this title) or in such an area in 
     Arlington National Cemetery (described in section 2409(a) of 
     this title).
       ``(2) The prohibition under paragraph (1) shall not apply 
     unless written notice of a conviction or finding under 
     subsection (b) is received by the appropriate Federal 
     official before such official approves an application for the 
     interment or memorialization of such person. Such written 
     notice shall be furnished to such official by the Attorney 
     General, in the case of a Federal capital crime, or by an 
     appropriate State official, in the case of a State capital 
     crime.
       ``(b) A person referred to in subsection (a) is any of the 
     following:
       ``(1) A person who has been convicted of a Federal capital 
     crime for which the person was sentenced to death or life 
     imprisonment.
       ``(2) A person who has been convicted of a State capital 
     crime for which the person was sentenced to death or life 
     imprisonment without parole.
       ``(3) A person who--
       ``(A) is found (as provided in subsection (c)) to have 
     committed a Federal capital crime or a State capital crime, 
     but
       ``(B) has not been convicted of such crime by reason of 
     such person not being available for trial due to death or 
     flight to avoid prosecution.
       ``(c) A finding under subsection (b)(3) shall be made by 
     the appropriate Federal official. Any such finding may only 
     be made based upon a showing of clear and convincing 
     evidence, after an opportunity for a hearing in a manner 
     prescribed by the appropriate Federal official.
       ``(d) For purposes of this section:
       ``(1) The term `Federal capital crime' means an offense 
     under Federal law for which the death penalty or life 
     imprisonment may be imposed.
       ``(2) The term `State capital crime' means, under State 
     law, the willful, deliberate, or premeditated unlawful 
     killing of another human being for which the death penalty or 
     life imprisonment without parole may be imposed.
       ``(3) The term `appropriate Federal official' means--
       ``(A) the Secretary, in the case of the National Cemetery 
     System; and
       ``(B) the Secretary of the Army, in the case of Arlington 
     National Cemetery.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 24 of such title is amended by adding at 
     the end the following new item:

``2411. Prohibition against interment or memorialization in the 
              National Cemetery System or Arlington National Cemetery 
              of persons committing Federal or State capital crimes.''.

       (c) Effective Date.--Section 2411 of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to applications for interment or memorialization made 
     on or after the date of the enactment of this Act.

     SEC. 2. CONDITION ON GRANTS TO STATE-OWNED VETERAN 
                   CEMETERIES.

       Section 2408 of title 38, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d)(1) In addition to the conditions specified in 
     subsections (b) and (c), any grant made on or after the date 
     of the enactment of this subsection to a State under this 
     section to assist such State in establishing, expanding, or 
     improving a veterans' cemetery shall be made on the condition 
     described in paragraph (2).
       ``(2) For purposes of paragraph (1), the condition 
     described in this paragraph is that, after the date of the 
     receipt of the grant, such State prohibit the interment or 
     memorialization in that cemetery of a person described in 
     section 2411(b) of this title, subject to the receipt of 
     notice described in subsection (a)(2) of such section, except 
     that for purposes of this subsection--
       ``(A) such notice shall be furnished to an appropriate 
     official of such State; and
       ``(B) a finding described in subsection (b)(3) of such 
     section shall be made by an appropriate official of such 
     State.''.
       Amend the title so as to read ``An Act to amend title 38, 
     United States Code, to prohibit interment or memorialization 
     in certain cemeteries of persons committing Federal or State 
     capital crimes.''.

  Mr. LOTT. Mr. President, I move that the Senate concur in the 
amendments of the House.
  The PRESIDING OFFICER. The question is on agreeing to the motion.
  The motion was agreed to.
  Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the 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.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 714) entitled 
     ``An Act 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.'', do pass with the following amendments:
       Strike out all after the enacting clause and insert:

     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.

[[Page S12489]]

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.
       (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

[[Page S12490]]

     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.
       ``(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.

[[Page S12491]]

     ``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--
       ``(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.''.

[[Page S12492]]

     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.
       (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.

[[Page S12493]]

       (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''.
       (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

[[Page S12494]]

     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.

       Amend the title so as to read: ``An Act to amend title 38, 
     United States Code, to revise, extend, and improve programs 
     for veterans.''.

  Mr. ROCKEFELLER. Mr. President, as the ranking minority member of the 
Committee on Veterans' Affairs, I am enormously pleased that the Senate 
is considering S. 714, as amended, a bill that would make valuable 
changes to a number of veterans benefits and services. In the waning 
days of this session, the House and Senate Veterans' Affairs Committees 
were able to reach compromise on a wide range of programs and services 
for veterans--from programs to assist homeless veterans, to providing 
home loans to Native American veterans, and I urge my colleagues to 
give their unanimous support to this measure. It is particularly 
fitting that we make these improvements for veterans programs now, 
since tomorrow is Veterans Day.
  Mr. President, because all the provisions of this measure--which I 
will refer to as the compromise agreement--are set forth in the joint 
explanatory statement which Senator Specter will place in the Record, I 
will discuss here only some of the issues which are of particular 
interest to me. The explanatory statement was developed in cooperation 
with the House Committee on Veterans' Affairs and that committee's 
chairman, Bob Stump, will insert the same explanatory statement in the 
Record when the House considers this measure.

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