[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10374-H10400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS' BENEFITS ENHANCEMENT ACT OF 1998
Mr. STUMP. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H.Res. 592) providing for the concurrence by the House with
amendments in the Senate amendment to H.R. 4110.
The Clerk read as follows:
H. Res. 592
Resolved, That upon the adoption of this resolution the
House shall be considered to have taken from the Speaker's
table the bill H.R. 4110, with the amendment of the Senate
thereto, and to have concurred in the amendment of the Senate
with the following amendments:
(1) Amend the title so as to read: ``An Act to amend title
38, United States Code, to improve benefits and services
provided to Persian Gulf War veterans, to provide a cost-of-
living adjustment in rates of compensation paid to veterans
with service-connected disabilities, to enhance programs
providing health care, compensation, education, insurance,
and other benefits for veterans, and for other purposes.
(2) In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Programs Enhancement Act of 1998''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States code.
TITLE I--PROVISIONS RELATING TO VETERANS OF PERSIAN GULF WAR AND FUTURE
CONFLICTS
Sec. 101. Agreement with National Academy of Sciences regarding
evaluation of health consequences of service in Southwest
Asia during the Persian Gulf War.
Sec. 102. Health care for veterans of Persian Gulf War and future
conflicts.
Sec. 103. National center on war-related illnesses and post-deployment
health issues.
Sec. 104. Coordination of activities.
Sec. 105. Improving effectiveness of care of Persian Gulf War veterans.
Sec. 106. Contract for independent recommendations on research and for
development of curriculum on care of Persian Gulf War
veterans.
Sec. 107. Extension and improvement of evaluation of health status of
spouses and children of Persian Gulf War veterans.
TITLE II--EDUCATION AND EMPLOYMENT
Subtitle A--Education Matters
Sec. 201. Calculation of reporting fee based on total veteran
enrollment during a calendar year.
Sec. 202. Election of advance payment of work-study allowance.
Sec. 203. Alternative to twelve semester hour equivalency requirement.
Sec. 204. Medical evidence for flight training requirements.
Sec. 205. Waiver of wage increase and minimum payment rate requirements
for government job training program approval.
Sec. 206. Expansion of education outreach services.
Sec. 207. Information on minimum requirements for education benefits
for members of the Armed Forces discharged early from
duty for the convenience of the Government.
Subtitle B--Uniformed Services Employment and Reemployment Rights Act
Amendments
Sec. 211. Enforcement of rights with respect to a State as an employer.
Sec. 212. Protection of extraterritorial employment and reemployment
rights of members of the uniformed services.
Sec. 213. Complaints relating to reemployment of members of the
uniformed services in Federal service.
TITLE III--COMPENSATION, PENSION, AND INSURANCE
Sec. 301. Medal of Honor special pension.
Sec. 302. Accelerated death benefit for Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance
participants.
Sec. 303. Assessment of effectiveness of insurance and survivor
benefits programs for survivors of veterans with service-
connected disabilities.
Sec. 304. National Service Life Insurance program.
TITLE IV--MEMORIAL AFFAIRS
Sec. 401. Commemoration of individuals whose remains are unavailable
for interment.
Sec. 402. Merchant mariner burial and cemetery benefits.
Sec. 403. Redesignation of National Cemetery System and establishment
of Under Secretary for Memorial Affairs.
Sec. 404. State cemetery grants program.
TITLE V--COURT OF VETERANS APPEALS
Subtitle A--Administrative Provisions Relating to the Court
Sec. 501. Continuation in office of judges pending confirmation for
second term.
Sec. 502. Exemption of retirement fund from sequestration orders.
Sec. 503. Adjustments for survivor annuities.
Sec. 504. Reports on retirement program modifications.
Subtitle B--Renaming of Court
Sec. 511. Renaming of the Court of Veterans Appeals.
Sec. 512. Conforming amendments.
Sec. 513. Effective date.
TITLE VI--HOUSING
Sec. 601. Loan guarantee for multifamily transitional housing for
homeless veterans.
Sec. 602. Veterans housing benefit program fund account consolidation.
Sec. 603. Extension of eligibility of members of Selected Reserve for
veterans housing loans.
Sec. 604. Applicability of procurement law to certain contracts of
department of veterans affairs.
TITLE VII--CONSTRUCTION AND FACILITIES MATTERS
Sec. 701. Authorization of major medical facility projects.
Sec. 702. Authorization of major medical facility leases.
Sec. 703. Authorization of appropriations.
Sec. 704. Increase in threshold for major medical facility leases for
purposes of congressional authorization.
Sec. 705. Threshold for treatment of parking facility project as a
major medical facility project.
Sec. 706. Parking fees.
Sec. 707. Master plan regarding use of Department of Veterans Affairs
lands at West Los Angeles Medical Center, California.
Sec. 708. Designation of Department of Veterans Affairs Medical Center,
Aspinwall, Pennsylvania.
Sec. 709. Designation of Department of Veterans Affairs Medical Center,
Gainesville, Florida.
Sec. 710. Designation of Department of Veterans Affairs outpatient
clinic, Columbus, Ohio.
TITLE VIII--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE
Sec. 801. Short title.
Sec. 802. Scholarship program for Department of Veterans Affairs
employees receiving education or training in the health
professions.
Sec. 803. Education debt reduction program for Veterans Health
Administration health professionals.
Sec. 804. Repeal of prohibition on payment of tuition loans.
Sec. 805. Conforming amendments.
Sec. 806. Coordination with appropriations provision.
TITLE IX--MISCELLANEOUS MEDICAL CARE AND MEDICAL ADMINISTRATION
PROVISIONS
Sec. 901. Examinations and care associated with certain radiation
treatment.
[[Page H10375]]
Sec. 902. Extension of authority to counsel and treat veterans for
sexual trauma.
Sec. 903. Management of specialized treatment and rehabilitative
programs.
Sec. 904. Authority to use for operating expenses of Department of
Veterans Affairs medical facilities amounts available by
reason of the limitation on pension for veterans
receiving nursing home care.
Sec. 905. Report on nurse locality pay.
Sec. 906. Annual report on program and expenditures of Department of
Veterans Affairs for domestic response to weapons of mass
destruction.
Sec. 907. Interim appointment of Under Secretary for Health.
TITLE X--OTHER MATTERS
Sec. 1001. Requirement for naming of Department property.
Sec. 1002. Members of the Board of Veterans' Appeals.
Sec. 1003. Flexibility in docketing and hearing of appeals by Board of
Veterans' Appeals.
Sec. 1004. Disabled veterans outreach program specialists.
Sec. 1005. Technical amendments.
TITLE XI--COMPENSATION COST-OF-LIVING ADJUSTMENT
Sec. 1101. Increase in rates of disability compensation and dependency
and indemnity compensation.
Sec. 1102. Publication of adjusted rates.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--PROVISIONS RELATING TO VETERANS OF PERSIAN GULF WAR AND FUTURE
CONFLICTS
SEC. 101. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES
REGARDING EVALUATION OF HEALTH CONSEQUENCES OF
SERVICE IN SOUTHWEST ASIA DURING THE PERSIAN
GULF WAR.
(a) Purpose.--The purpose of this section is to provide for
the National Academy of Sciences, an independent nonprofit
scientific organization with appropriate expertise which is
not a part of the Federal Government, to review and evaluate
the available scientific evidence regarding associations
between illness and service in the Persian Gulf War.
(b) Agreement.--(1) The Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academy of
Sciences for the Academy to perform the activities covered by
this section. The Secretary shall seek to enter into the
agreement not later than two months after the date of the
enactment of this Act.
(2)(A) If the Secretary is unable within the time period
set forth in paragraph (1) to enter into an agreement with
the Academy for the purposes of this section on terms
acceptable to the Secretary, the Secretary shall seek to
enter into an agreement for purposes of this section with
another appropriate scientific organization that is not part
of the Government, operates as a not-for-profit entity, and
has expertise and objectivity comparable to that of the
Academy.
(B) If the Secretary enters into an agreement with another
organization under this paragraph, any reference in this
section to the National Academy of Sciences shall be treated
as a reference to such other organization.
(c) Review of Scientific Evidence.--(1) Under the agreement
under subsection (b), the National Academy of Sciences shall
conduct a comprehensive review and evaluation of the
available scientific and medical information regarding the
health status of Gulf War veterans and the health
consequences of exposures to risk factors during service in
the Persian Gulf War. In conducting such review and
evaluation, the Academy shall--
(A) identify the biological, chemical, or other toxic
agents, environmental or wartime hazards, or preventive
medicines or vaccines (including the agents specified in
subsection (d)(1)) to which members of the Armed Forces who
served in the Southwest Asia theater of operations during the
Persian Gulf War may have been exposed by reason of such
service;
(B) identify the illnesses associated with the agents,
hazards, or medicines or vaccines identified under
subparagraph (A); and
(C) identify the illnesses (including diagnosed illnesses
and undiagnosed illnesses) for which there is scientific
evidence of a higher prevalence among populations of Gulf War
veterans when compared with other appropriate populations of
individuals.
(2) In identifying illnesses under subparagraphs (B) and
(C) of paragraph (1), the Academy shall review and summarize
the relevant scientific evidence regarding illnesses,
including symptoms, adverse reproductive health outcomes, and
mortality, among the members described in paragraph (1)(A)
and among other appropriate populations of individuals.
(3) In conducting the review and evaluation under paragraph
(1), the Academy shall, for each illness identified under
subparagraph (B) or (C) of that paragraph, assess the latency
period, if any, between service or exposure to any potential
risk factor (including an agent, hazard, or medicine or
vaccine identified under subparagraph (A) of that paragraph)
and the manifestation of such illness.
(d) Specified Agents.--(1) In identifying under subsection
(c)(1)(A) the agents, hazards, or preventive medicines or
vaccines to which members of the Armed Forces may have been
exposed, the National Academy of Sciences shall consider the
following:
(A) The following organophosphorous pesticides:
(i) Chlorpyrifos.
(ii) Diazinon.
(iii) Dichlorvos.
(iv) Malathion.
(B) The following carbamate pesticides:
(i) Proxpur.
(ii) Carbaryl.
(iii) Methomyl.
(C) The carbamate pyridostigmine bromide used as nerve
agent prophylaxis.
(D) The following chlorinated hydrocarbons and other
pesticides and repellents:
(i) Lindane.
(ii) Pyrethrins.
(iii) Permethrins.
(iv) Rodenticides (bait).
(v) Repellent (DEET).
(E) The following low-level nerve agents and precursor
compounds at exposure levels below those which produce
immediately apparent incapacitating symptoms:
(i) Sarin.
(ii) Tabun.
(F) The following synthetic chemical compounds:
(i) Mustard agents at levels below those which cause
immediate blistering.
(ii) Volatile organic compounds.
(iii) Hydrazine.
(iv) Red fuming nitric acid.
(v) Solvents.
(G) The following sources of radiation:
(i) Depleted uranium.
(ii) Microwave radiation.
(iii) Radio frequency radiation.
(H) The following environmental particulates and
pollutants:
(i) Hydrogen sulfide.
(ii) Oil fire byproducts.
(iii) Diesel heater fumes.
(iv) Sand micro-particles.
(I) Diseases endemic to the region (including the
following):
(i) Leishmaniasis.
(ii) Sandfly fever.
(iii) Pathogenic escherichia coli.
(iv) Shigellosis.
(J) Time compressed administration of multiple live,
`attenuated', and toxoid vaccines.
(2) The consideration of agents, hazards, and medicines and
vaccines under paragraph (1) shall not preclude the Academy
from identifying other agents, hazards, or medicines or
vaccines to which members of the Armed Forces may have been
exposed for purposes of any report under subsection (h).
(3) Not later than six months after entry into the
agreement under subsection (b), the Academy shall submit to
the Committees on Veterans' Affairs of the Senate and the
House of Representatives a report specifying the agents,
hazards, and medicines and vaccines considered under
paragraph (1).
(e) Scientific Determinations Concerning Illnesses.--(1)
For each illness identified under subparagraph (B) or (C) of
subsection (c)(1), the National Academy of Sciences shall
determine (to the extent available scientific evidence
permits) whether there is scientific evidence of an
association of that illness with Gulf War service or exposure
during Gulf War service to one or more agents, hazards, or
medicines or vaccines. In making those determinations, the
Academy shall consider--
(A) the strength of scientific evidence, the replicability
of results, the statistical significance of results, and the
appropriateness of the scientific methods used to detect the
association;
(B) in any case where there is evidence of an apparent
association, whether there is reasonable confidence that that
apparent association is not due to chance, bias, or
confounding;
(C) the increased risk of the illness among human or animal
populations exposed to the agent, hazard, or medicine or
vaccine;
(D) whether a plausible biological mechanism or other
evidence of a causal relationship exists between exposure to
the agent, hazard, or medicine or vaccine and the illness;
(E) in any case where information about exposure levels is
available, whether the evidence indicates that the levels of
exposure of the studied populations were of the same
magnitude as the estimated likely exposures of Gulf War
veterans; and
(F) whether there is an increased risk of illness among
Gulf War veterans in comparison with appropriate peer groups.
(2) The Academy shall include in its reports under
subsection (h) a full discussion of the scientific evidence
and reasoning that led to its conclusions under this
subsection.
(f) Recommendations for Additional Scientific Studies.--(1)
Under the agreement under subsection (b), the National
Academy of Sciences shall make any recommendations that it
considers appropriate for additional scientific studies
(including studies relating to treatment models) to resolve
areas of continuing scientific uncertainty relating to the
health consequences of service in the Persian Gulf War or
exposure to toxic agents, environmental or wartime hazards,
[[Page H10376]]
or preventive medicines or vaccines associated with Gulf War
service.
(2) In making recommendations for additional studies, the
Academy shall consider the available scientific data, the
value and relevance of the information that could result from
such studies, and the cost and feasibility of carrying out
such studies.
(g) Subsequent Reviews.--(1) Under the agreement under
subsection (b), the National Academy of Sciences shall
conduct on a periodic and ongoing basis additional reviews of
the evidence and data relating to its activities under this
section.
(2) As part of each review under this subsection, the
Academy shall--
(A) conduct as comprehensive a review as is practicable of
the information referred to in subsection (c), the evidence
referred to in subsection (e), and the data referred to in
subsection (f) that became available since the last review of
such information, evidence, and data under this section; and
(B) make determinations under the subsections referred to
in subparagraph (A) on the basis of the results of such
review and all other reviews previously conducted for
purposes of this section.
(h) Reports by Academy.--(1) Under the agreement under
subsection (b), the National Academy of Sciences shall submit
to the Committees on Veterans' Affairs of the Senate and the
House of Representatives and the Secretary of Veterans
Affairs periodic written reports regarding the Academy's
activities under the agreement.
(2) The first report under paragraph (1) shall be submitted
not later than two years after entry into the agreement under
subsection (b). That report shall include--
(A) the determinations and discussion referred to in
subsection (e); and
(B) any recommendations of the Academy under subsection
(f).
(3) Reports shall be submitted under this subsection at
least once every two years, as measured from the date of the
report under paragraph (2).
(4) In any report under this subsection (other than the
report under paragraph (2)), the Academy may specify an
absence of meaningful developments in the scientific or
medical community with respect to the activities of the
Academy under this section during the two-year period ending
on the date of such report.
(i) Reports by Secretary.--(1) The Secretary shall review
each report from the Academy under subsection (h). As part of
such review, the Secretary shall seek comments on, and
evaluation of, the Academy's report from the heads of other
affected departments and agencies of the United States.
(2) Based upon a review under paragraph (1), the Secretary
shall submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives a report on the
available scientific and medical information regarding the
health consequences of Persian Gulf War service and of
exposures to risk factors during service in the Persian Gulf
War. The Secretary shall include in the report the
Secretary's recommendations as to whether there is sufficient
evidence to warrant a presumption of service-connection for
the occurrence of a specified condition in Gulf War veterans.
In determining whether to make such a recommendation, the
Secretary shall consider the matters specified in
subparagraphs (A) through (F) of subsection (e)(1).
(3) The report under this subsection shall be submitted not
later than 120 days after the date on which the Secretary
receives the report from the Academy.
(j) Sunset.--This section shall cease to be effective 11
years after the last day of the fiscal year in which the
National Academy of Sciences enters into an agreement with
the Secretary under subsection (b).
(k) Definition.--In this section, the term ``toxic agent,
environmental or wartime hazard, or preventive medicine or
vaccine associated with Gulf War service'' means a
biological, chemical, or other toxic agent, environmental or
wartime hazard, or preventive medicine or vaccine that is
known or presumed to be associated with service in the Armed
Forces in the Southwest Asia theater of operations during the
Persian Gulf War, whether such association arises as a result
of single, repeated, or sustained exposure and whether such
association arises through exposure singularly or in
combination.
SEC. 102. HEALTH CARE FOR VETERANS OF PERSIAN GULF WAR AND
FUTURE CONFLICTS.
(a) Authority.--Section 1710(e) is amended--
(1) by adding at the end of paragraph (1) the following new
subparagraph:
``(D) Subject to paragraphs (2) and (3), a veteran who
served on active duty in a theater of combat operations (as
determined by the Secretary in consultation with the
Secretary of Defense) during a period of war after the
Persian Gulf War, or in combat against a hostile force during
a period of hostilities (as defined in section 1712A(a)(2)(B)
of this title) after the date of the enactment of this
subparagraph, is eligible for hospital care, medical
services, and nursing home care under subsection (a)(2)(F)
for any illness, notwithstanding that there is insufficient
medical evidence to conclude that such condition is
attributable to such service.'';
(2) in paragraph (2)(B), by inserting ``or (1)(D)'' after
``paragraph (1)(C)'';
(3) in paragraph (3)--
(A) by striking out ``and'' at the end of subparagraph (A);
(B) by striking out ``December 31, 1998.'' in subparagraph
(B) and inserting in lieu thereof ``December 31, 2001; and'';
and
(C) by adding at the end the following new subparagraph:
``(C) in the case of care for a veteran described in
paragraph (1)(D), after a period of two years beginning on
the date of the veteran's discharge or release from active
military, naval, or air service.''; and
(4) by adding at the end the following new paragraph:
``(5) When the Secretary first provides care for veterans
using the authority provided in paragraph (1)(D), the
Secretary shall establish a system for collection and
analysis of information on the general health status and
health care utilization patterns of veterans receiving care
under that paragraph. Not later than 18 months after first
providing care under such authority, the Secretary shall
submit to Congress a report on the experience under that
authority. The Secretary shall include in the report any
recommendations of the Secretary for extension of that
authority.''.
(b) Implementation Report.--Not later than October 1, 1999,
the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the Secretary's plan for
establishing and operating the system for collection and
analysis of information required by paragraph (5) of section
1710(e) of title 38, United States Code, as added by
subsection (a)(4).
SEC. 103. NATIONAL CENTER ON WAR-RELATED ILLNESSES AND POST-
DEPLOYMENT HEALTH ISSUES.
(a) Assessment.--The Secretary of Veterans Affairs shall
seek to enter into an agreement with the National Academy of
Sciences, or another appropriate independent organization,
under which such entity shall assist in developing a plan for
the establishment of a national center or national centers
for the study of war-related illnesses and post-deployment
health issues. The purposes of such a center may include--
(1) carrying out and promoting research regarding the
etiologies, diagnosis, treatment, and prevention of war-
related illnesses and post-deployment health issues; and
(2) promoting the development of appropriate health
policies, including monitoring, medical recordkeeping, risk
communication, and use of new technologies.
(b) Recommendations and Report.--With respect to such a
center, an agreement under this section shall provide for the
Academy (or other entity) to--
(1) make recommendations regarding (A) design of an
organizational structure or structures, operational scope,
staffing and resource needs, establishment of appropriate
databases, the advantages of single or multiple sites,
mechanisms for implementing recommendations on policy, and
relationship to academic or scientific entities, (B) the role
or roles that relevant Federal departments and agencies
should have in the establishment and operation of any such
center or centers, and (C) such other matters as it considers
appropriate; and
(2) report to the Secretary, the Secretaries of Defense and
Health and Human Services, and the Committees on Veterans'
Affairs of the Senate and House of Representatives, not later
than one year after the date of the enactment of this Act, on
its recommendations.
(c) Report on Establishment of National Center.--Not later
than 60 days after receiving the report under subsection (b),
the Secretaries specified in subsection (b)(2) shall submit
to the Committees on Veterans' Affairs and Armed Services of
the Senate and the Committees on Veterans' Affairs and
Natoinal Security of the House of Representatives a joint
report on the findings and recommendations contained in that
report. Such report may set forth an operational plan for
carrying out any recommendation in that report to establish a
national center or centers for the study of war-related
illnesses. No action to carry out such plan may be taken
after the submission of such report until the end of a 90-day
period following the date of the submission.
SEC. 104. COORDINATION OF ACTIVITIES.
Section 707 of the Persian Gulf War Veterans' Health Status
Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is
amended--
(1) in the heading, by striking out ``government activities
on health-related research'' and inserting the following:
``health-related government activities'';
(2) in subsection (a), by striking out ``research''; and
(3) by striking out subsection (b) and inserting in lieu
thereof the following:
``(b) Public Advisory Committee.--Not later than January 1,
1999, the head of the department or agency designated under
subsection (a) shall establish an advisory committee
consisting of members of the general public, including
Persian Gulf War veterans and representatives of such
veterans, to provide advice to the head of that department or
agency on proposed research studies, research plans, or
research strategies relating to the health consequences of
military service in the Southwest Asia theater of operations
during the Persian Gulf War. The department or agency head
shall consult with such advisory committee on a regular
basis.
``(c) Reports.--(1) Not later than March 1 of each year,
the head of the department or agency designated under
subsection (a) shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
on--
[[Page H10377]]
``(A) the status and results of all such research
activities undertaken by the executive branch during the
previous year; and
``(B) research priorities identified during that year.
``(2)(A) Not later than 120 days after submission of the
epidemiological research study conducted by the Department of
Veterans Affairs entitled `VA National Survey of Persian Gulf
Veterans--Phase III', the head of the department or agency
designated under subsection (a) shall submit to the
congressional committees specified in paragraph (1) a report
on the findings under that study and any other pertinent
medical literature.
``(B) With respect to any findings of that study and any
other pertinent medical literature which identify scientific
evidence of a greater relative risk of illness or illnesses
in family members of veterans who served in the Persian Gulf
War theater of operations than in family members of veterans
who did not so serve, the head of the department or agency
designated under subsection (a) shall seek to ensure that
appropriate research studies are designed to follow up on
such findings.
``(d) Public Availability of Research Findings.--The head
of the department or agency designated under subsection (a)
shall ensure that the findings of all research conducted by
or for the executive branch relating to the health
consequences of military service in the Persian Gulf theater
of operations during the Persian Gulf War (including
information pertinent to improving provision of care for
veterans of such service) are made available to the public
through peer-reviewed medical journals, the World Wide Web,
and other appropriate media.
``(e) Outreach.--The head of the department or agency
designated under subsection (a) shall ensure that the
appropriate departments consult and coordinate in carrying
out an ongoing program to provide information to those who
served in the Southwest Asia theater of operations during the
Persian Gulf War relating to (1) the health risks, if any,
resulting from any risk factors associated with such service,
and (2) any services or benefits available with respect to
such health risks.''.
SEC. 105. IMPROVING EFFECTIVENESS OF CARE OF PERSIAN GULF WAR
VETERANS.
(a) Assessment by National Academy of Sciences.--Not later
than April 1, 1999, the Secretary of Veterans Affairs shall
enter into a contract with the National Academy of Sciences
to review the available scientific data in order to--
(1) assess whether a methodology could be used by the
Department of Veterans Affairs for determining the efficacy
of treatments furnished to, and health outcomes (including
functional status) of, Persian Gulf War veterans who have
been treated for illnesses which may be associated with their
service in the Persian Gulf War; and
(2) identify, to the extent feasible, with respect to each
undiagnosed illness prevalent among such veterans and for any
other chronic illness that the Academy determines to warrant
such review, empirically valid models of treatment for such
illness which employ successful treatment modalities for
populations with similar symptoms.
(b) Action on Report.--(1) After receiving the final report
of the National Academy of Sciences under subsection (a), the
Secretary shall, if a reasonable and scientifically feasible
methodology is identified by the Academy, develop an
appropriate mechanism to monitor and study the effectiveness
of treatments furnished to, and health outcomes of, Persian
Gulf War veterans who suffer from diagnosed and undiagnosed
illnesses which may be associated with their service in the
Persian Gulf War.
(2) The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
a report on the implementation of paragraph (1).
(3) The Secretary shall carry out paragraphs (1) and (2)
not later than 180 days after receiving the final report of
the National Academy of Sciences under subsection (a).
SEC. 106. CONTRACT FOR INDEPENDENT RECOMMENDATIONS ON
RESEARCH AND FOR DEVELOPMENT OF CURRICULUM ON
CARE OF PERSIAN GULF WAR VETERANS.
Section 706 of the Persian Gulf War Veterans' Health Status
Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is
amended by adding at the end the following new subsection:
``(d) Research Review and Development of Medical Education
Curriculum.--(1) In order to further understanding of the
health consequences of military service in the Persian Gulf
theater of operations during the Persian Gulf War and of new
research findings with implications for improving the
provision of care for veterans of such service, the Secretary
of Veterans Affairs and the Secretary of Defense shall seek
to enter into an agreement with the National Academy of
Sciences under which the Institute of Medicine of the Academy
would--
``(A) develop a curriculum pertaining to the care and
treatment of veterans of such service who have ill-defined or
undiagnosed illnesses for use in the continuing medical
education of both general and specialty physicians who
provide care for such veterans; and
``(B) on an ongoing basis, periodically review and provide
recommendations regarding the research plans and research
strategies of the Departments relating to the health
consequences of military service in the Persian Gulf theater
of operations during the Persian Gulf War.
``(2) Recommendations to be provided under paragraph (1)(B)
include any recommendations that the Academy considers
appropriate for additional scientific studies (including
studies related to treatment models) to resolve areas of
continuing scientific uncertainty relating to the health
consequences of any aspects of such military service. In
making recommendations for additional studies, the Academy
shall consider the available scientific data, the value and
relevance of the information that could result from such
studies, and the cost and feasibility of carrying out such
studies.
``(3) Not later than nine months after the Institute of
Medicine provides the Secretaries the curriculum developed
under paragraph (1)(A), the Secretaries shall provide for the
conduct of continuing education programs using that
curriculum. Those programs shall include instruction which
seeks to emphasize use of appropriate protocols of diagnosis,
referral, and treatment of such veterans.''.
SEC. 107. EXTENSION AND IMPROVEMENT OF EVALUATION OF HEALTH
STATUS OF SPOUSES AND CHILDREN OF PERSIAN GULF
WAR VETERANS.
(a) One-Year Extension.--Subsection (b) of section 107 of
the Persian Gulf War Veterans' Benefits Act (title I of
Public Law 103-446; 38 U.S.C. 1117 note) is amended by
striking out ``December 31, 1998'' and inserting in lieu
thereof ``December 31, 1999''.
(b) Termination of Certain Testing and Evaluation
Requirements.--Subsection (a) of such section is amended--
(1) by striking out ``the'' after ``Secretary of'';
(2) by striking out ``study'' both places it appears and
inserting in lieu thereof ``program''; and
(3) by striking out the sentence following paragraph (3).
(c) Enhanced Flexibility in Examinations.--Subsection (d)
of such section is amended--
(1) by striking out ``shall'' and inserting in lieu thereof
``may''; and
(2) by inserting ``, including fee arrangements described
in section 1703 of title 38, United States Code'' after
``arrangements''.
(d) Outreach.--Subsection (g) of such section is amended--
(1) by striking out ``to ensure'' and all that follows
through the period at the end of paragraph (2) and inserting
in lieu thereof ``for the purposes of the program.''; and
(2) by adding at the end the following new sentence: ``In
conducting such outreach activities, the Secretary shall
advise that medical treatment is not available under the
program.''.
(e) Report to Congress.--Subsection (i) of such section is
amended to read as follows:
``(i) Report to Congress.--Not later than July 31, 1999,
the Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
on activities with respect to the program, including the
provision of services under subsection (d).''.
TITLE II--EDUCATION AND EMPLOYMENT
Subtitle A--Education Matters
SEC. 201. CALCULATION OF REPORTING FEE BASED ON TOTAL VETERAN
ENROLLMENT DURING A CALENDAR YEAR.
(a) In General.--The second sentence of section 3684(c) is
amended by striking out ``on October 31'' and all that
follows through the period and inserting in lieu thereof
``during the calender year.''.
(b) Funding.--Section 3684(c), as amended by subsection
(a), is further amended by adding at the end the following
new sentence: ``The reporting fee payable under this
subsection shall be paid from amounts appropriated for
readjustment benefits.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to calendar years beginning after
December 31, 1998.
SEC. 202. ELECTION OF ADVANCE PAYMENT OF WORK-STUDY
ALLOWANCE.
(a) In General.--The third sentence of section 3485(a)(1)
is amended by striking out ``An individual shall be paid in
advance'' and inserting in lieu thereof ``An individual may
elect, in a manner prescribed by the Secretary, to be paid in
advance''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to agreements entered into under
section 3485 of title 38, United States Code, on or after
January 1, 1999.
SEC. 203. ALTERNATIVE TO TWELVE SEMESTER HOUR EQUIVALENCY
REQUIREMENT.
(a) In General.--The following sections of chapter 30 are
each amended by striking out ``successfully completed'' each
place it appears and inserting in lieu thereof ``successfully
completed (or otherwise received academic credit for)'':
sections 3011(a)(2), 3012(a)(2), 3018(b)(4)(ii), 3018A(a)(2),
3018B(a)(1)(B), 3018B(a)(2)(B), and 3018C(a)(3).
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 1998.
SEC. 204. MEDICAL EVIDENCE FOR FLIGHT TRAINING REQUIREMENTS.
(a) Title 38, United States Code.--Sections 3034(d)(2) and
3241(b)(2) are each amended--
(1) by striking out ``pilot's license'' each place it
appears and inserting in lieu thereof ``pilot certificate'';
and
(2) by inserting ``, on the day the individual begins a
course of flight training,'' after ``meets''.
[[Page H10378]]
(b) Title 10, United States Code.--Section 16136(c)(2) of
title 10, United States Code, is amended--
(1) by striking out ``pilot's license'' each place it
appears and inserting in lieu thereof ``pilot certificate'';
and
(2) by inserting ``, on the day the individual begins a
course of flight training,'' after ``meets''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to courses of flight training
beginning on or after October 1, 1998.
SEC. 205. WAIVER OF WAGE INCREASE AND MINIMUM PAYMENT RATE
REQUIREMENTS FOR GOVERNMENT JOB TRAINING
PROGRAM APPROVAL.
(a) In General.--Section 3677(b) is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) in subparagraph (A), as so redesignated, by striking
out ``(A)'' and ``(B)'' and inserting in lieu thereof ``(i)''
and ``(ii)'', respectively; and
(4) by adding at the end the following new paragraph:
``(2) The requirement under paragraph (1)(A)(ii) shall not
apply with respect to a training establishment operated by
the United States or by a State or local government.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to approval of programs of training
on the job under section 3677 of title 38, United States
Code, on or after October 1, 1998.
SEC. 206. EXPANSION OF EDUCATION OUTREACH SERVICES.
(a) Expansion of Education Outreach Services to Members of
the Armed Forces.--Section 3034 is amended by adding at the
end the following new subsection:
``(e)(1) In the case of a member of the Armed Forces who
participates in basic educational assistance under this
chapter, the Secretary shall furnish the information
described in paragraph (2) to each such member. The Secretary
shall furnish such information as soon as practicable after
the basic pay of the member has been reduced by $1,200 in
accordance with section 3011(b) or 3012(c) of this title and
at such additional times as the Secretary determines
appropriate.
``(2) The information referred to in paragraph (1) is
information with respect to the benefits, limitations,
procedures, eligibility requirements (including time-in-
service requirements), and other important aspects of the
basic educational assistance program under this chapter,
including application forms for such basic educational
assistance under section 5102 of this title.
``(3) The Secretary shall furnish the forms described in
paragraph (2) and other educational materials to educational
institutions, training establishments, and military education
personnel, as the Secretary determines appropriate.
``(4) The Secretary shall use amounts appropriated for
readjustment benefits to carry out this subsection and
section 5102 of this title with respect to application forms
under that section for basic educational assistance under
this chapter.''.
(b) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 207. INFORMATION ON MINIMUM REQUIREMENTS FOR EDUCATION
BENEFITS FOR MEMBERS OF THE ARMED FORCES
DISCHARGED EARLY FROM DUTY FOR THE CONVENIENCE
OF THE GOVERNMENT.
(a) Active Duty Program.--Section 3011 is amended by adding
at the end the following new subsection:
``(i) The Secretary concerned shall inform any member of
the Armed Forces who has not completed that member's initial
obligated period of active duty (as described in subsection
(a)(1)(A)) and who indicates the intent to be discharged or
released from such duty for the convenience of the Government
of the minimum active duty requirements for entitlement to
educational assistance benefits under this chapter. Such
information shall be provided to the member in a timely
manner.''.
(b) Reserve Program.--Section 3012 is amended by adding at
the end the following new subsection:
``(g)(1) The Secretary concerned shall inform any member of
the Armed Forces who has not completed that member's initial
service (as described in paragraph (2)) and who indicates the
intent to be discharged or released from such service for the
convenience of the Government of the minimum service
requirements for entitlement to educational assistance
benefits under this chapter. Such information shall be
provided to the member in a timely manner.
``(2) The initial service referred to in paragraph (1) is
the initial obligated period of active duty (described in
subparagraphs (A)(i) or (B)(i) of subsection (a)(1)) or the
period of service in the Selected Reserve (described in
subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1)).''.
(c) Report to Congress.--Section 3036(b)(1) is amended--
(1) by striking out ``and (B)'' and inserting in lieu
thereof ``(B)''; and
(2) by inserting before the semicolon the following: ``,
and (C) describing the efforts under sections 3011(i) and
3012(g) of this title to inform members of the Armed Forces
of the minimum service requirements for entitlement to
educational assistance benefits under this chapter and the
results from such efforts''.
(d) Effective Dates.--(1) The amendments made by
subsections (a) and (b) shall take effect 120 days after the
date of the enactment of this Act.
(2) The amendments made by subsection (c) shall apply with
respect to reports to Congress submitted by the Secretary of
Defense under section 3036 of title 38, United States Code,
on or after January 1, 2000.
Subtitle B--Uniformed Services Employment and Reemployment Rights Act
Amendments
SEC. 211. ENFORCEMENT OF RIGHTS WITH RESPECT TO A STATE AS AN
EMPLOYER.
(a) In General.--Section 4323 is amended to read as
follows:
``Sec. 4323. Enforcement of rights with respect to a State or
private employer
``(a) Action for Relief.--(1) A person who receives from
the Secretary a notification pursuant to section 4322(e) of
this title of an unsuccessful effort to resolve a complaint
relating to a State (as an employer) or a private employer
may request that the Secretary refer the complaint to the
Attorney General. If the Attorney General is reasonably
satisfied that the person on whose behalf the complaint is
referred is entitled to the rights or benefits sought, the
Attorney General may appear on behalf of, and act as attorney
for, the person on whose behalf the complaint is submitted
and commence an action for relief under this chapter for such
person. In the case of such an action against a State (as an
employer), the action shall be brought in the name of the
United States as the plaintiff in the action.
``(2) A person may commence an action for relief with
respect to a complaint against a State (as an employer) or a
private employer if the person--
``(A) has chosen not to apply to the Secretary for
assistance under section 4322(a) of this title;
``(B) has chosen not to request that the Secretary refer
the complaint to the Attorney General under paragraph (1); or
``(C) has been refused representation by the Attorney
General with respect to the complaint under such paragraph.
``(b) Jurisdiction.--(1) In the case of an action against a
State (as an employer) or a private employer commenced by the
United States, the district courts of the United States shall
have jurisdiction over the action.
``(2) In the case of an action against a State (as an
employer) by a person, the action may be brought in a State
court of competent jurisdiction in accordance with the laws
of the State.
``(3) In the case of an action against a private employer
by a person, the district courts of the United States shall
have jurisdiction of the action.
``(c) Venue.--(1) In the case of an action by the United
States against a State (as an employer), the action may
proceed in the United States district court for any district
in which the State exercises any authority or carries out any
function.
``(2) In the case of an action against a private employer,
the action may proceed in the United States district court
for any district in which the private employer of the person
maintains a place of business.
``(d) Remedies.--(1) In any action under this section, the
court may award relief as follows:
``(A) The court may require the employer to comply with the
provisions of this chapter.
``(B) The court may require the employer to compensate the
person for any loss of wages or benefits suffered by reason
of such employer's failure to comply with the provisions of
this chapter.
``(C) The court may require the employer to pay the person
an amount equal to the amount referred to in subparagraph (B)
as liquidated damages, if the court determines that the
employer's failure to comply with the provisions of this
chapter was willful.
``(2)(A) Any compensation awarded under subparagraph (B) or
(C) of paragraph (1) shall be in addition to, and shall not
diminish, any of the other rights and benefits provided for
under this chapter.
``(B) In the case of an action commenced in the name of the
United States for which the relief includes compensation
awarded under subparagraph (B) or (C) of paragraph (1), such
compensation shall be held in a special deposit account and
shall be paid, on order of the Attorney General, directly to
the person. If the compensation is not paid to the person
because of inability to do so within a period of three years,
the compensation shall be covered into the Treasury of the
United States as miscellaneous receipts.
``(3) A State shall be subject to the same remedies,
including prejudgment interest, as may be imposed upon any
private employer under this section.
``(e) Equity Powers.--The court may use its full equity
powers, including temporary or permanent injunctions,
temporary restraining orders, and contempt orders, to
vindicate fully the rights or benefits of persons under this
chapter.
``(f) Standing.--An action under this chapter may be
initiated only by a person claiming rights or benefits under
this chapter under subsection (a) or by the United States
under subsection (a)(1).
``(g) Respondent.--In any action under this chapter, only
an employer or a potential employer, as the case may be,
shall be a necessary party respondent.
``(h) Fees, Court Costs.--(1) No fees or court costs may be
charged or taxed against any person claiming rights under
this chapter.
[[Page H10379]]
``(2) In any action or proceeding to enforce a provision of
this chapter by a person under subsection (a)(2) who obtained
private counsel for such action or proceeding, the court may
award any such person who prevails in such action or
proceeding reasonable attorney fees, expert witness fees, and
other litigation expenses.
``(i) Inapplicability of State Statute of Limitations.--No
State statute of limitations shall apply to any proceeding
under this chapter.
``(j) Definition.--In this section, the term `private
employer' includes a political subdivision of a State.''.
(b) Effective Date.--(1) Section 4323 of title 38, United
States Code, as amended by subsection (a), shall apply to
actions commenced under chapter 43 of such title on or after
the date of the enactment of this Act, and shall apply to
actions commenced under such chapter before the date of the
enactment of this Act that are not final on the date of the
enactment of this Act, without regard to when the cause of
action accrued.
(2) In the case of any such action against a State (as an
employer) in which a person, on the day before the date of
the enactment of this Act, is represented by the Attorney
General under section 4323(a)(1) of such title as in effect
on such day, the court shall upon motion of the Attorney
General, substitute the United States as the plaintiff in the
action pursuant to such section as amended by subsection (a).
SEC. 212. PROTECTION OF EXTRATERRITORIAL EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED
SERVICES.
(a) Definition of Employee.--Section 4303(3) is amended by
adding at the end the following new sentence: ``Such term
includes any person who is a citizen, national, or permanent
resident alien of the United States employed in a workplace
in a foreign country by an employer that is an entity
incorporated or otherwise organized in the United States or
that is controlled by an entity organized in the United
States, within the meaning of section 4319(c) of this
title.''.
(b) Foreign Countries.--(1) Subchapter II of chapter 43 is
amended by inserting after section 4318 the following new
section:
``Sec. 4319. Employment and reemployment rights in foreign
countries
``(a) Liability of Controlling United States Employer of
Foreign Entity.--If an employer controls an entity that is
incorporated or otherwise organized in a foreign country, any
denial of employment, reemployment, or benefit by such entity
shall be presumed to be by such employer.
``(b) Inapplicability to Foreign Employer.--This subchapter
does not apply to foreign operations of an employer that is a
foreign person not controlled by an United States employer.
``(c) Determination of Controlling Employer.--For the
purpose of this section, the determination of whether an
employer controls an entity shall be based upon the
interrelations of operations, common management, centralized
control of labor relations, and common ownership or financial
control of the employer and the entity.
``(d) Exemption.--Notwithstanding any other provision of
this subchapter, an employer, or an entity controlled by an
employer, shall be exempt from compliance with any of
sections 4311 through 4318 of this title with respect to an
employee in a workplace in a foreign country, if compliance
with that section would cause such employer, or such entity
controlled by an employer, to violate the law of the foreign
country in which the workplace is located.''.
(2) The table of sections at the beginning of chapter 43 is
amended by inserting after the item relating to section 4318
the following new item:
``4319. Employment and reemployment rights in foreign countries.''.
(c) Effective Date.--The amendments made by this section
shall apply only with respect to causes of action arising
after the date of the enactment of this Act.
SEC. 213. COMPLAINTS RELATING TO REEMPLOYMENT OF MEMBERS OF
THE UNIFORMED SERVICES IN FEDERAL SERVICE.
(a) In General.--The first sentence of paragraph (1) of
section 4324(c) is amended by inserting before the period at
the end the following: ``, without regard as to whether the
complaint accrued before, on, or after October 13, 1994''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to complaints filed with the Merit Systems
Protection Board on or after October 13, 1994.
TITLE III--COMPENSATION, PENSION, AND INSURANCE
SEC. 301. MEDAL OF HONOR SPECIAL PENSION.
(a) Increase.--Section 1562(a) is amended by striking out
``$400'' and inserting in lieu thereof ``$600''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act.
SEC. 302. ACCELERATED DEATH BENEFIT FOR SERVICEMEMBERS' GROUP
LIFE INSURANCE AND VETERANS' GROUP LIFE
INSURANCE PARTICIPANTS.
(a) In General.--(1) Subchapter III of chapter 19 is
amended by adding at the end the following new section:
``Sec. 1980. Option to receive accelerated death benefit
``(a) For the purpose of this section, a person shall be
considered to be terminally ill if the person has a medical
prognosis such that the life expectancy of the person is less
than a period prescribed by the Secretary. The maximum length
of such period may not exceed 12 months.
``(b)(1) A terminally ill person insured under
Servicemembers' Group Life Insurance or Veterans' Group Life
Insurance may elect to receive in a lump-sum payment a
portion of the face value of the insurance as an accelerated
death benefit reduced by an amount necessary to assure that
there is no increase in the actuarial value of the benefit
paid, as determined by the Secretary.
``(2) The Secretary shall prescribe the maximum amount of
the accelerated death benefit available under this section
that the Secretary finds to be administratively practicable
and actuarially sound, but in no event may the amount of the
benefit exceed the amount equal to 50 percent of the face
value of the person's insurance in force on the date the
election of the person to receive the benefit is approved.
``(3) A person making an election under this section may
elect to receive an amount that is less than the maximum
amount prescribed under paragraph (2). The Secretary shall
prescribe the increments in which a reduced amount under this
paragraph may be elected.
``(c) The portion of the face value of insurance which is
not paid in a lump sum as an accelerated death benefit under
this section shall remain payable in accordance with the
provisions of this chapter.
``(d) Deductions under section 1969 of this title and
premiums under section 1977(c) of this title shall be
reduced, in a manner consistent with the percentage reduction
in the face value of the insurance as a result of payment of
an accelerated death benefit under this section, effective
with respect to any amounts which would otherwise become due
on or after the date of payment under this section.
``(e) The Secretary shall prescribe regulations to carry
out this section. Such regulations shall include provisions
regarding--
``(1) the form and manner in which an application for an
election under this section shall be made; and
``(2) the procedures under which any such application shall
be considered.
``(f)(1) An election to receive a benefit under this
section shall be irrevocable.
``(2) A person may not make more than one election under
this section, even if the election of the person is to
receive less than the maximum amount of the benefit available
to the person under this section.
``(g) If a person insured under Servicemembers' Group Life
Insurance elects to receive a benefit under this section and
the person's Servicemembers' Group Life Insurance is
thereafter converted to Veterans' Group Life Insurance as
provided in section 1968(b) of this title, the amount of the
benefit paid under this section shall reduce the amount of
Veterans' Group Life Insurance available to the person under
section 1977(a) of this title.
``(h) Notwithstanding any other provision of law, the
amount of the accelerated death benefit received by a person
under this section shall not be considered income or
resources for purposes of determining eligibility for or the
amount of benefits under any Federal or federally-assisted
program or for any other purpose.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
1979 the following new item:
``1980. Option to receive accelerated death benefit.''.
(b) Conforming Amendments.--Section 1970(g) is amended in
the first sentence--
(1) by striking out ``Payments of benefits'' and inserting
in lieu thereof ``Any payments''; and
(2) by inserting ``an insured or'' after ``or on account
of,''.
(c) Effective Date.--The amendments made by this section
shall take effect 90 days after the date of the enactment of
this Act.
SEC. 303. ASSESSMENT OF EFFECTIVENESS OF INSURANCE AND
SURVIVOR BENEFITS PROGRAMS FOR SURVIVORS OF
VETERANS WITH SERVICE-CONNECTED DISABILITIES.
(a) Report on Assessment.--Not later than October 1, 1999,
the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and the House
of Representatives a report containing an assessment of the
adequacy of the insurance and survivor benefits programs of
the Department of Veterans Affairs (including the payment of
dependency and indemnity compensation under chapter 13 of
title 38, United States Code) in meeting the needs of
survivors of veterans with service-connected disabilities,
including survivors of catastrophically disabled veterans who
cared for those veterans.
(b) Report Elements.--The report on the assessment under
subsection (a) shall include the following:
(1) An identification of the characteristics that make a
disabled veteran catastrophically disabled.
(2) A statement of the number of veterans with service-
connected disabilities who participate in insurance programs
administered by the Department.
(3) A statement of the number of survivors of veterans with
service-connected disabilities who receive dependency and
indemnity
[[Page H10380]]
compensation under chapter 13 of title 38, United States
Code.
(4) Data on veterans with service-connected disabilities
that are relevant to the insurance programs administered by
the Department, and an assessment how such data might be used
to better determine the cost above standard premium rates of
insuring veterans with service-connected disabilities under
such programs.
(5) An analysis of various methods of accounting and
providing for the additional cost of insuring the lives of
veterans with service-connected disabilities under the
insurance programs administered by the Department.
(6) An assessment of the adequacy and effectiveness of the
current insurance programs and dependency and indemnity
compensation programs of the Department in meeting the needs
of survivors of severely-disabled or catastrophically-
disabled veterans.
(7) An analysis of various methods of meeting the
transitional financial needs of survivors of veterans with
service-connected disabilities immediately after the deaths
of such veterans.
(8) Such recommendations as the Secretary considers
appropriate regarding means of improving the benefits
available to survivors of veterans with service-connected
disabilities under programs administered by the Department.
SEC. 304. NATIONAL SERVICE LIFE INSURANCE PROGRAM.
(a) Eligibility of Certain Veterans for Dividends Under
NSLI Program.--Section 1919(b) is amended--
(1) by striking ``sections 602(c)(2) and'' and inserting
``section''; and
(2) by striking ``sections'' after ``under such'' and
inserting ``section''.
(b) Effective Date.--The amendments made by this section
shall take effect at the end of the 90-day period beginning
on the date of the enactment of this Act.
TITLE IV--MEMORIAL AFFAIRS
SEC. 401. COMMEMORATION OF INDIVIDUALS WHOSE REMAINS ARE
UNAVAILABLE FOR INTERMENT.
(a) Memorial Headstones or Markers for Certain Members of
the Armed Forces and Spouses.--Subsection (b) of section 2306
is amended to read as follows:
``(b)(1) The Secretary shall furnish, when requested, an
appropriate memorial headstone or marker for the purpose of
commemorating an eligible individual whose remains are
unavailable. Such a headstone or marker shall be furnished
for placement in a national cemetery area reserved for that
purpose under section 2403 of this title, a veterans'
cemetery owned by a State, or, in the case of a veteran, in a
State, local, or private cemetery.
``(2) For purposes of paragraph (1), an eligible individual
is any of the following:
``(A) A veteran.
``(B) The spouse or surviving spouse of a veteran.
``(3) For purposes of paragraph (1), the remains of an
individual shall be considered to be unavailable if the
individual's remains--
``(A) have not been recovered or identified;
``(B) were buried at sea, whether by the individual's own
choice or otherwise;
``(C) were donated to science; or
``(D) were cremated and the ashes scattered without
interment of any portion of the ashes.
``(4) For purposes of this subsection:
``(A) The term `veteran' includes an individual who dies in
the active military, naval, or air service.
``(B) The term `surviving spouse' includes an unremarried
surviving spouse whose subsequent remarriage was terminated
by death or divorce.''.
(b) Alternative Commemoration for Certain Spouses.--Such
section is further amended by adding at the end the following
new subsection:
``(e)(1) When the Secretary has furnished a headstone or
marker under subsection (a) for the unmarked grave of an
individual, the Secretary shall, if feasible, add a memorial
inscription to that headstone or marker rather than
furnishing a separate headstone or marker under that
subsection for the surviving spouse of such individual.
``(2) When the Secretary has furnished a memorial headstone
or marker under subsection (b) for purposes of commemorating
a veteran or an individual who died in the active military,
naval, or air service, the Secretary shall, if feasible, add
a memorial inscription to that headstone or marker rather
than furnishing a separate memorial headstone or marker under
that subsection for the surviving spouse of such
individual.''.
(c) Memorial Areas.--Section 2403(b) is amended to read as
follows:
``(b) Under regulations prescribed by the Secretary, group
memorials may be placed to honor the memory of groups of
individuals referred to in subsection (a), and appropriate
memorial headstones and markers may be placed to honor the
memory of individuals referred to in subsection (a) and
section 2306(b) of this title.''.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall apply to deaths occurring after the date of the
enactment of this Act.
SEC. 402. MERCHANT MARINER BURIAL AND CEMETERY BENEFITS.
(a) Benefits.--Part G of subtitle II of title 46, United
States Code, is amended by inserting after chapter 111 the
following new chapter:
``CHAPTER 112--MERCHANT MARINER BENEFITS
``Sec.
``11201. Eligibility for veterans' burial and cemetery benefits.
``11202. Qualified service.
``11203. Documentation of qualified service.
``11204. Processing fees.
``Sec. 11201. Eligibility for veterans' burial and cemetery
benefits
``(a) Eligibility.--
``(1) In general.--The qualified service of a person
referred to in paragraph (2) shall be considered to be active
duty in the Armed Forces during a period of war for purposes
of eligibility for benefits under the following provisions of
title 38:
``(A) Chapter 23 (relating to burial benefits).
``(B) Chapter 24 (relating to interment in national
cemeteries).
``(2) Covered individuals.--Paragraph (1) applies to a
person who--
``(A) receives an honorable service certificate under
section 11203 of this title; and
``(B) is not eligible under any other provision of law for
benefits under laws administered by the Secretary of Veterans
Affairs.
``(b) Reimbursement for Benefits Provided.--The Secretary
shall reimburse the Secretary of Veterans Affairs for the
value of benefits that the Secretary of Veterans Affairs
provides for a person by reason of eligibility under this
section.
``(c) Applicability.--
``(1) General rule.--Benefits may be provided under the
provisions of law referred to in subsection (a)(1) by reason
of this chapter only for deaths occurring after the date of
the enactment of this chapter.
``(2) Burials, etc. in national cemeteries.--
Notwithstanding paragraph (1), in the case of an initial
burial or columbarium placement after the date of the
enactment of this chapter, benefits may be provided under
chapter 24 of title 38 by reason of this chapter (regardless
of the date of death), and in such a case benefits may be
provided under section 2306 of such title.
``Sec. 11202. Qualified service
``For purposes of this chapter, a person shall be
considered to have engaged in qualified service if, between
August 16, 1945, and December 31, 1946, the person--
``(1) was a member of the United States merchant marine
(including the Army Transport Service and the Naval
Transportation Service) serving as a crewmember of a vessel
that was--
``(A) operated by the War Shipping Administration or the
Office of Defense Transportation (or an agent of the
Administration or Office);
``(B) operated in waters other than inland waters, the
Great Lakes, and other lakes, bays, and harbors of the United
States;
``(C) under contract or charter to, or property of, the
Government of the United States; and
``(D) serving the Armed Forces; and
``(2) while so serving, was licensed or otherwise
documented for service as a crewmember of such a vessel by an
officer or employee of the United States authorized to
license or document the person for such service.
``Sec. 11203. Documentation of qualified service
``(a) Record of Service.--The Secretary, or in the case of
personnel of the Army Transport Service or the Naval
Transport Service, the Secretary of Defense, shall, upon
application--
``(1) issue a certificate of honorable service to a person
who, as determined by that Secretary, engaged in qualified
service of a nature and duration that warrants issuance of
the certificate; and
``(2) correct, or request the appropriate official of the
Government to correct, the service records of that person to
the extent necessary to reflect the qualified service and the
issuance of the certificate of honorable service.
``(b) Timing of Documentation.--A Secretary receiving an
application under subsection (a) shall act on the application
not later than one year after the date of that receipt.
``(c) Standards Relating to Service.--In making a
determination under subsection (a)(1), the Secretary acting
on the application shall apply the same standards relating to
the nature and duration of service that apply to the issuance
of honorable discharges under section 401(a)(1)(B) of the GI
Bill Improvement Act of 1977 (38 U.S.C. 106 note).
``(d) Correction of Records.--An official who is requested
under subsection (a)(2) to correct the service records of a
person shall make such correction.
``Sec. 11204. Processing fees
``(a) Collection of Fees.--The Secretary, or in the case of
personnel of the Army Transport Service or the Naval
Transport Service, the Secretary of Defense, shall collect a
fee of $30 from each applicant for processing an application
submitted under section 11203(a) of this title.
``(b) Treatment of Fees Collected.--Amounts received by the
Secretary under this section shall be deposited in the
General Fund of the Treasury as offsetting receipts of the
department in which the Coast Guard is operating and ascribed
to Coast Guard activities. Amounts received by the Secretary
of Defense under this section shall be deposited in the
General Fund of the Treasury as offsetting receipts of the
Department of Defense. In either case, such amounts shall be
[[Page H10381]]
available, subject to appropriation, for the administrative
costs of processing applications under section 11203 of this
title.''.
(b) Clerical Amendment.--The table of chapters at the
beginning of subtitle II of title 46, United States Code, is
amended by inserting after the item relating to chapter 111
the following new item:
``112. Merchant Mariner Benefits...........................11201''.....
SEC. 403. REDESIGNATION OF NATIONAL CEMETERY SYSTEM AND
ESTABLISHMENT OF UNDER SECRETARY FOR MEMORIAL
AFFAIRS.
(a) Redesignation as National Cemetery Administration.--(1)
The National Cemetery System of the Department of Veterans
Affairs shall hereafter be known and designated as the
National Cemetery Administration. The position of Director of
the National Cemetery System is hereby redesignated as Under
Secretary of Veterans Affairs for Memorial Affairs.
(2) Section 301(c)(4) is amended by striking out ``National
Cemetery System'' and inserting in lieu thereof ``National
Cemetery Administration''.
(3) Section 307 is amended--
(A) in the first sentence, by striking out ``a Director of
the National Cemetery System'' and inserting in lieu thereof
``an Under Secretary for Memorial Affairs''; and
(B) in the second sentence, by striking out ``The
Director'' and all that follows through ``National Cemetery
System'' and inserting in lieu thereof ``The Under Secretary
is the head of the National Cemetery Administration''.
(b) Pay Rate for Under Secretary.--Chapter 53 of title 5,
United States Code, is amended--
(1) in section 5314, by inserting after the item relating
to the Under Secretary for Benefits of the Department of
Veterans Affairs the following new item:
``Under Secretary for Memorial Affairs, Department of
Veterans Affairs.''; and
(2) in section 5315, by striking out ``Director of the
National Cemetery System.''.
(c) Conforming Amendments.--
(1)(A) The heading of section 307 is amended to read as
follows:
``Sec. 307. Under Secretary for Memorial Affairs''.
(B) The item relating to section 307 in the table of
sections at the beginning of chapter 3 is amended to read as
follows:
``307. Under Secretary for Memorial Affairs.''.
(2) Section 2306(d) is amended by striking out ``within the
National Cemetery System'' each place such term appears and
inserting in lieu thereof ``under the control of the National
Cemetery Administration''.
(3) Section 2400 is amended--
(A) in subsection (a)--
(i) by striking out ``National Cemetery System'' and
inserting in lieu thereof ``National Cemetery Administration
responsible''; and
(ii) in the second sentence, by striking out ``Such
system'' and all that follows through ``National Cemetery
System'' and inserting in lieu thereof ``The National
Cemetery Administration shall be headed by the Under
Secretary for Memorial Affairs'';
(B) in subsection (b), by striking out ``National Cemetery
System'' and inserting in lieu thereof ``national cemeteries
and other facilities under the control of the National
Cemetery Administration''; and
(C) by amending the heading to read as follows:
``Sec. 2400. Establishment of National Cemetery
Administration; composition of Administration''.
(4) The item relating to section 2400 in the table of
sections at the beginning of chapter 24 is amended to read as
follows:
``2400. Establishment of National Cemetery Administration; composition
of Administration.''.
(5) Section 2402 is amended in the matter preceding
paragraph (1) by striking out ``in the National Cemetery
System'' and inserting in lieu thereof ``under the control of
the National Cemetery Administration''.
(6) Section 2403(c) is amended by striking out ``in the
National Cemetery System created by this chapter'' and
inserting in lieu thereof ``under the control of the National
Cemetery Administration''.
(7) Section 2405(c) is amended--
(A) by striking out ``within the National Cemetery System''
and inserting in lieu thereof ``under the control of the
National Cemetery Administration''; and
(B) by striking out ``within such System'' and inserting in
lieu thereof ``under the control of such Administration''.
(8) Section 2408(c)(1) is amended by striking out ``in the
National Cemetery System'' and inserting in lieu thereof
``under the control of the National Cemetery
Administration''.
(d) References.--
(1) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the National
Cemetery System shall be deemed to be a reference to the
National Cemetery Administration.
(2) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Director
of the National Cemetery System shall be deemed to be a
reference to the Under Secretary of Veterans Affairs for
Memorial Affairs.
SEC. 404. STATE CEMETERY GRANTS PROGRAM.
(a) Amount of Grant Relative to Project Cost.--(1)
Paragraphs (1) and (2) of section 2408(b) are amended to read
as follows:
``(1) The amount of a grant under this section may not
exceed--
``(A) in the case of the establishment of a new cemetery,
the sum of (i) the cost of improvements to be made on the
land to be converted into a cemetery, and (ii) the cost of
initial equipment necessary to operate the cemetery; and
``(B) in the case of the expansion or improvement of an
existing cemetery, the sum of (i) the cost of improvements to
be made on any land to be added to the cemetery, and (ii) the
cost of any improvements to be made to the existing cemetery.
``(2) If the amount of a grant under this section is less
than the amount of costs referred to in subparagraph (A) or
(B) of paragraph (1), the State receiving the grant shall
contribute the excess of such costs over the grant.''.
(2) The amendment made by paragraph (1) shall apply with
respect to grants under section 2408 of title 38, United
States Code, made after the end of the 60-day period
beginning on the date of the enactment of this Act.
(b) Authorization of Appropriations Without Fiscal Year
Limitation.--The first sentence of section 2408(e) is amended
by striking out ``shall remain available until the end of the
second fiscal year following the fiscal year for which they
are appropriated'' and inserting in lieu thereof ``shall
remain available until expended''.
(c) Extension of Authorization of Appropriations for Grant
Program.--Paragraph (2) of section 2408(a) is amended to read
as follows:
``(2) There is authorized to be appropriated such sums as
may be necessary for fiscal year 1999 and for each succeeding
fiscal year through fiscal year 2004 for the purpose of
making grants under paragraph (1).''.
TITLE V--COURT OF VETERANS APPEALS
Subtitle A--Administrative Provisions Relating to the Court
SEC. 501. CONTINUATION IN OFFICE OF JUDGES PENDING
CONFIRMATION FOR SECOND TERM.
Section 7253(c) is amended by adding at the end the
following new sentence: ``A judge who is nominated by the
President for appointment to an additional term on the Court
without a break in service and whose term of office expires
while that nomination is pending before the Senate may
continue in office for up to one year while that nomination
is pending.''.
SEC. 502. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION
ORDERS.
Section 7298 is amended by adding at the end the following
new subsection:
``(g) For purpose of section 255(g)(1)(B) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(B)), the retirement fund shall be treated in the
same manner as the Claims Judges' Retirement Fund.''.
SEC. 503. ADJUSTMENTS FOR SURVIVOR ANNUITIES.
Subsection (o) of section 7297 is amended to read as
follows:
``(o) Each survivor annuity payable from the retirement
fund shall be increased at the same time as, and by the same
percentage by which, annuities payable from the Judicial
Survivors' Annuities Fund are increased pursuant to section
376(m) of title 28.''.
SEC. 504. REPORTS ON RETIREMENT PROGRAM MODIFICATIONS.
(a) Report on Judges' Retirement System.--Not later than
one year after the date of the enactment of this Act, the
chief judge of the United States Court of Appeals for
Veterans Claims shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
on the feasibility and desirability of merging the retirement
plan of the judges of that court with retirement plans of
other Federal judges.
(b) Report on Survivor Annuities Plan.--Not later than six
months after the date of the enactment of this Act, the chief
judge of the United States Court of Appeals for Veterans
Claims shall submit to the Committees on Veterans' Affairs of
the Senate and House of Representatives a report on the
feasibility and desirability of allowing judges of that court
to participate in the survivor annuity programs available to
other Federal judges.
Subtitle B--Renaming of Court
SEC. 511. RENAMING OF THE COURT OF VETERANS APPEALS.
(a) In General.--The United States Court of Veterans
Appeals is hereby renamed as, and shall hereafter be known
and designated as, the United States Court of Appeals for
Veterans Claims.
(b) Section 7251.--Section 7251 is amended by striking
``United States Court of Veterans Appeals'' and inserting
``United States Court of Appeals for Veterans Claims''.
SEC. 512. CONFORMING AMENDMENTS.
(a) Conforming Amendments to Title 38, United States
Code.--
(1) The following sections are amended by striking ``Court
of Veterans Appeals'' each place it appears and inserting
``Court of Appeals for Veterans Claims'': sections 5904,
7101(b), 7252(a), 7253, 7254, 7255, 7256, 7261, 7262, 7263,
7264, 7266(a)(1), 7267(a), 7268(a), 7269, 7281(a), 7282(a),
7283, 7284, 7285(a), 7286, 7291, 7292, 7296, 7297, and 7298.
(2)(A) The heading of section 7286 is amended to read as
follows:
``Sec. 7286. Judicial Conference of the Court''.
(B) The heading of section 7291 is amended to read as
follows:
[[Page H10382]]
``Sec. 7291. Date when Court decision becomes final''.
(C) The heading of section 7298 is amended to read as
follows:
``Sec. 7298. Retirement Fund''.
(3) The table of sections at the beginning of chapter 72 is
amended as follows:
(A) The item relating to section 7286 is amended to read as
follows:
``7286. Judicial Conference of the Court.''.
(B) The item relating to section 7291 is amended to read as
follows:
``7291. Date when Court decision becomes final.''.
(C) The item relating to section 7298 is amended to read as
follows:
``7298. Retirement Fund.''.
(4)(A) The heading of chapter 72 is amended to read as
follows:
``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''.
(B) The item relating to chapter 72 in the table of
chapters at the beginning of title 38, United States Code,
and the item relating to such chapter in the table of
chapters at the beginning of part V are amended to read as
follows:
``72. United States Court of Appeals for Veterans Claims........7251''.
(b) Conforming Amendments to Other Laws.--
(1) The following provisions of law are amended by striking
``Court of Veterans Appeals'' each place it appears and
inserting ``Court of Appeals for Veterans Claims'':
(A) Section 8440d of title 5, United States Code.
(B) Section 2412 of title 28, United States Code.
(C) Section 906 of title 44, United States Code.
(D) Section 109 of the Ethics in Government Act of 1978 (5
U.S.C. App.).
(2)(A) The heading of section 8440d of title 5, United
States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals
for Veterans Claims''.
(B) The item relating to such section in the table of
sections at the beginning of chapter 84 of such title is
amended to read as follows:
``8440d. Judges of the United States Court of Appeals for Veterans
Claims.''.
(c) Other Legal References.--Any reference in a law,
regulation, document, paper, or other record of the United
States to the United States Court of Veterans Appeals shall
be deemed to be a reference to the United States Court of
Appeals for Veterans Claims.
SEC. 513. EFFECTIVE DATE.
This subtitle, and the amendments made by this subtitle,
shall take effect on the first day of the first month
beginning more than 90 days after the date of the enactment
of this Act.
TITLE VI--HOUSING
SEC. 601. LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING
FOR HOMELESS VETERANS.
(a) In General.--Chapter 37 is amended by adding at the end
the following new subchapter:
``SUBCHAPTER VI--LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING
FOR HOMELESS VETERANS
``Sec. 3771. Definitions
``For purposes of this subchapter:
``(1) The term `veteran' has the meaning given such term by
paragraph (2) of section 101.
``(2) The term `homeless veteran' means a veteran who is a
homeless individual.
``(3) The term `homeless individual' has the meaning given
such term by section 103 of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11302).
``Sec. 3772. General authority
``(a) The Secretary may guarantee the full or partial
repayment of a loan that meets the requirements of this
subchapter.
``(b)(1) Not more than 15 loans may be guaranteed under
subsection (a), of which not more than five such loans may be
guaranteed during the three-year period beginning on the date
of the enactment of this subchapter.
``(2) A guarantee of a loan under subsection (a) shall be
in an amount that is not less than the amount necessary to
sell the loan in a commercial market.
``(3) Not more than an aggregate amount of $100,000,000 in
loans may be guaranteed under subsection (a).
``(c) A loan may not be guaranteed under this subchapter
unless, before closing such loan, the Secretary has approved
the loan.
``(d)(1) The Secretary shall enter into contracts with a
qualified nonprofit organization, or other qualified
organization, that has experience in underwriting
transitional housing projects to obtain advice in carrying
out this subchapter, including advice on the terms and
conditions necessary for a loan that meets the requirements
of section 3773 of this title.
``(2) For purposes of paragraph (1), a nonprofit
organization is an organization that is described in
paragraph (3) or (4) of subsection (c) of section 501 of the
Internal Revenue Code of 1986 and is exempt from tax under
subsection (a) of such section.
``(e) The Secretary may carry out this subchapter in
advance of the issuance of regulations for such purpose.
``(f) The Secretary may guarantee loans under this
subchapter notwithstanding any requirement for prior
appropriations for such purpose under any provision of law.
``Sec. 3773. Requirements
``(a) A loan referred to in section 3772 of this title
meets the requirements of this subchapter if each of the
following requirements is met:
``(1) The loan--
``(A) is for--
``(i) construction of, rehabilitation of, or acquisition of
land for a multifamily transitional housing project described
in subsection (b), or more than one of such purposes; or
``(ii) refinancing of an existing loan for such a project;
and
``(B) may also include additional reasonable amounts for--
``(i) financing acquisition of furniture, equipment,
supplies, or materials for the project; or
``(ii) in the case of a loan made for purposes of
subparagraph (A)(i), supplying the organization carrying out
the project with working capital relative to the project.
``(2) The loan is made in connection with funding or the
provision of substantial property or services for such
project by either a State or local government or a
nongovernmental entity, or both.
``(3) The maximum loan amount does not exceed the lesser
of--
``(A) that amount generally approved (utilizing prudent
underwriting principles) in the consideration and approval of
projects of similar nature and risk so as to assure repayment
of the loan obligation; and
``(B) 90 percent of the total cost of the project.
``(4) The loan is of sound value, taking into account the
creditworthiness of the entity (and the individual members of
the entity) applying for such loan.
``(5) The loan is secured.
``(6) The loan is subject to such terms and conditions as
the Secretary determines are reasonable, taking into account
other housing projects with similarities in size, location,
population, and services provided.
``(b) For purposes of this subchapter, a multifamily
transitional housing project referred to in subsection (a)(1)
is a project that--
``(1) provides transitional housing to homeless veterans,
which housing may be single room occupancy (as defined in
section 8(n) of the United States Housing Act of 1937 (42
U.S.C. 1437f(n)));
``(2) provides supportive services and counselling services
(including job counselling) at the project site with the goal
of making such veterans self-sufficient;
``(3) requires that each such veteran seek to obtain and
maintain employment;
``(4) charges a reasonable fee for occupying a unit in such
housing; and
``(5) maintains strict guidelines regarding sobriety as a
condition of occupying such unit.
``(c) Such a project--
``(1) may include space for neighborhood retail services or
job training programs; and
``(2) may provide transitional housing to veterans who are
not homeless and to homeless individuals who are not veterans
if--
``(A) at the time of taking occupancy by any such veteran
or homeless individual, the transitional housing needs of
homeless veterans in the project area have been met;
``(B) the housing needs of any such veteran or homeless
individual can be met in a manner that is compatible with the
manner in which the needs of homeless veterans are met under
paragraph (1); and
``(C) the provisions of paragraphs (4) and (5) of
subsection (b) are met.
``(d) In determining whether to guarantee a loan under this
subchapter, the Secretary shall consider--
``(1) the availability of Department of Veterans Affairs
medical services to residents of the multifamily transitional
housing project; and
``(2) the extent to which needs of homeless veterans are
met in a community, as assessed under section 107 of Public
Law 102-405.
``Sec. 3774. Default
``(a) The Secretary shall take such steps as may be
necessary to obtain repayment on any loan that is in default
and that is guaranteed under this subchapter.
``(b) Upon default of a loan guaranteed under this
subchapter and terminated pursuant to State law, a lender may
file a claim under the guarantee for an amount not to exceed
the lesser of--
``(1) the maximum guarantee; or
``(2) the difference between--
``(A) the total outstanding obligation on the loan,
including principal, interest, and expenses authorized by the
loan documents, through the date of the public sale (as
authorized under such documents and State law); and
``(B) the amount realized at such sale.
``Sec. 3775. Audit
``During each of the first three years of operation of a
multifamily transitional housing project with respect to
which a loan is guaranteed under this subchapter, there shall
be an annual, independent audit of such operation. Such audit
shall include a detailed statement of the operations,
activities, and accomplishments of such project during the
year covered by such audit. The party responsible for
obtaining such audit
[[Page H10383]]
(and paying the costs therefor) shall be determined before
the Secretary issues a guarantee under this subchapter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 37 is amended by adding at the end the
following new items:
``SUBCHAPTER VI--LOAN GUARANTEE FOR MULTIFAMILY TRANSITIONAL HOUSING
FOR HOMELESS VETERANS
``3771. Definitions.
``3772. General authority.
``3773. Requirements.
``3774. Default.
``3775. Audit.''.
SEC. 602. VETERANS HOUSING BENEFIT PROGRAM FUND ACCOUNT
CONSOLIDATION.
(a) Consolidation of Housing Loan Revolving Funds.--
Subchapter III of chapter 37 is amended--
(1) by striking out sections 3723, 3724, and 3725; and
(2) by inserting after section 3721 the following new
section:
``Sec. 3722. Veterans Housing Benefit Program Fund
``(a) There is hereby established in the Treasury of the
United States a fund known as the Veterans Housing Benefit
Program Fund (hereafter in this section referred to as the
`Fund').
``(b) The Fund shall be available to the Secretary, without
fiscal year limitation, for all housing loan operations under
this chapter, other than administrative expenses, consistent
with the Federal Credit Reform Act of 1990.
``(c) There shall be deposited into the Fund the following,
which shall constitute the assets of the Fund:
``(1) Any amount appropriated to the Fund.
``(2) Amounts paid into the Fund under section 3729 of this
title or any other provision of law or regulation established
by the Secretary imposing fees on persons or other entities
participating in the housing loan programs under this
chapter.
``(3) All other amounts received by the Secretary on or
after October 1, 1998, incident to housing loan operations
under this chapter, including--
``(A) collections of principal and interest on housing
loans made by the Secretary under this chapter;
``(B) proceeds from the sale, rental, use, or other
disposition of property acquired under this chapter;
``(C) proceeds from the sale of loans pursuant to sections
3720(h) and 3733(a)(3) of this title; and
``(D) penalties collected pursuant to section 3710(g)(4)(B)
of this title.
``(d) Amounts deposited into the Fund under paragraphs (2)
and (3) of subsection (c) shall be deposited in the
appropriate financing or liquidating account of the Fund.
``(e) For purposes of this section, the term `housing loan'
shall not include a loan made pursuant to subchapter V of
this chapter.''.
(b) Transfers of Amounts into Veterans Housing Benefit
Program Fund.--All amounts in the following funds are hereby
transferred to the Veterans Housing Benefit Program Fund:
(1) The Direct Loan Revolving Fund, as such fund was
continued under section 3723 of title 38, United States Code
(as such section was in effect on the day before the
effective date of this title).
(2) The Department of Veterans Affairs Loan Guaranty
Revolving Fund, as established by section 3724 of such title
(as such section was in effect on the day before the
effective date of this title).
(3) The Guaranty and Indemnity Fund, as established by
section 3725 of such title (as such section was in effect on
the day before the effective date of this title).
(c) Repeal of Authority to Sell Participation Certificates
and of Obsolete Requirement to Credit Proceeds.--
(1) Repeal of authority to sell participation
certificates.--Section 3720 is amended by striking out
subsection (e).
(2) Repeal of obsolete requirement to credit proceeds.--
Section 3733 is amended by striking out subsection (e).
(d) Submission of Summary Financial Statement on Housing
Programs.--Section 3734 is amended by adding at the end the
following new subsection:
``(c) The information submitted under subsection (a) shall
include a statement that summarizes the financial activity of
each of the housing programs operated under this chapter. The
statement shall be presented in a form that is simple,
concise, and readily understandable, and shall not include
references to financing accounts, liquidating accounts, or
program accounts.''.
(e) Conforming and Clerical Amendments.--
(1) Conforming amendments to chapter 37.--Chapter 37 is
amended as follows:
(A) Section 3703(e)(1) is amended by striking out
``3729(c)(1)'' and inserting in lieu thereof ``3729(c)''.
(B) Section 3711(k) is amended by striking out ``and
section 3723 of this title'' both places it appears.
(C) Section 3727(c) is amended by striking out ``funds
established pursuant to sections 3723 and 3724 of this title,
as applicable'' and inserting in lieu thereof ``fund
established pursuant to section 3722 of this title''.
(D) Section 3729 is amended--
(i) in subsection (c)--
(I) by striking out ``(c)(1)'' and inserting in lieu
thereof ``(c)''; and
(II) by striking out paragraphs (2) and (3); and
(ii) in subsection (a)(1), by striking out ``(c)(1)'' and
inserting in lieu thereof ``(c)''.
(E) Section 3733(a)(6) is amended by striking out
``Department of Veterans Affairs Loan Guaranty Revolving Fund
established by section 3724(a)'' and inserting in lieu
thereof ``Veterans Housing Benefit Program Fund established
by section 3722(a)''.
(F) Section 3734, as amended by subsection (d), is further
amended--
(i) in subsection (a)--
(I) by striking out ``Loan Guaranty Revolving Fund and the
Guaranty and Indemnity Fund'' in paragraph (1) and inserting
in lieu thereof ``Veterans Housing Benefit Program Fund'';
and
(II) by striking out ``funds,'' in paragraph (2) and
inserting in lieu thereof ``fund,'';
(ii) in subsection (b), by striking out ``each fund'' in
the matter preceding paragraph (1) and inserting in lieu
thereof ``the fund''; and
(iii) in subsection (b)(2)--
(I) by striking out subparagraph (B);
(II) by redesignating subparagraphs (C), (D), (E), (F), and
(G) as subparagraphs (B), (C), (D), (E), and (F),
respectively; and
(III) in subparagraph (B), as so redesignated, by striking
out ``subsections (a)(3) and (c)(2) of section 3729'' and
inserting in lieu thereof ``section 3729(a)(3)''.
(G) Section 3735(a)(3)(A)(i) is amended by striking out
``Loan Guaranty Revolving Fund and the Guaranty and Indemnity
Fund'' and inserting in lieu thereof ``Veterans Housing
Benefit Program Fund''.
(2) Other conforming amendment.--Section 2106(e) is amended
by striking out ``, as appropriate, deposited in either the
direct loan or loan guaranty revolving fund established by
section 3723 or 3724 of this title, respectively'' and
inserting in lieu thereof ``deposited in the Veterans Housing
Benefit Program Fund established by section 3722 of this
title''.
(3) Technical and clerical amendments.--(A) The heading for
section 3734 is amended to read as follows:
``Sec. 3734. Annual submission of information on the Veterans
Housing Benefit Program Fund and housing programs''.
(B) The heading for section 3763 is amended to read as
follows:
``Sec. 3763. Native American Veteran Housing Loan Program
Account''.
(C) The table of sections at the beginning of chapter 37 is
amended--
(i) by inserting after the item relating to section 3721
the following new item:
``3722. Veterans Housing Benefit Program Fund.'';
(ii) by striking out the items relating to sections 3723,
3724, and 3725;
(iii) by striking out the item relating to section 3734 and
inserting in lieu thereof the following:
``3734. Annual submission of information on the Veterans Housing
Benefit Program Fund and housing programs.'';
and
(iv) by striking out the item relating to section 3763 and
inserting in lieu thereof the following:
``3763. Native American Veteran Housing Loan Program Account.''.
(f) Effective Date.--This title and the amendments made by
this title shall take effect on October 1, 1998.
SEC. 603. EXTENSION OF ELIGIBILITY OF MEMBERS OF SELECTED
RESERVE FOR VETERANS HOUSING LOANS.
(a) Extension.--Section 3702(a)(2)(E) is amended by
striking out ``October 27, 1999,'' and inserting in lieu
thereof ``September 30, 2003,''.
(b) One-Year Extension of Fee Provision.--Section
3729(a)(4) is amended--
(1) by striking out ``With respect to a loan closed after
September 30, 1993, and before October 1, 2002,'' and
inserting in lieu thereof ``(A) With respect to a loan closed
during the period specified in subparagraph (B)''; and
(2) by adding at the end the following:
``(B) The specified period for purposes of subparagraph (A)
is the period beginning on October 1, 1993, and ending on
September 30, 2002, except that in the case of a loan
described in subparagraph (D) of paragraph (2), such period
ends on September 30, 2003.''.
SEC. 604. APPLICABILITY OF PROCUREMENT LAW TO CERTAIN
CONTRACTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 3720(b) is amended by striking ``;
however'' and all that follows and inserting the following:
``, except that title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)
shall apply to any contract for services or supplies on
account of any property acquired pursuant to this section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to contracts entered into under
section 3720 of title 38, United States Code, after the end
of the 60-day period beginning on the date of the enactment
of this Act.
TITLE VII--CONSTRUCTION AND FACILITIES MATTERS
SEC. 701. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
(a) In General.--The Secretary of Veterans Affairs may
carry out the following major medical facility projects, with
each project to be carried out in the amount specified for
that project:
(1) Alterations and demolition at the Department of
Veterans Affairs Medical Center, Long Beach, California, in
an amount not to exceed $23,200,000.
[[Page H10384]]
(2) Construction and seismic work at the Department of
Veterans Affairs Medical Center, San Juan, Puerto Rico, in an
amount not to exceed $50,000,000.
(3) Outpatient clinic expansion at the Department of
Veterans Affairs Medical Center, Washington, D.C., in an
amount not to exceed $29,700,000.
(4) Construction of a psychogeriatric care building and
demolition of a seismically unsafe building at the Department
of Veterans Affairs Medical Center, Palo Alto, California, in
an amount not to exceed $22,400,000.
(5) Construction of an ambulatory care addition and
renovations for ambulatory care at the Department of Veterans
Affairs Medical Center, Cleveland (Wade Park), Ohio, in an
amount not to exceed $28,300,000, of which $7,500,000 shall
be derived from funds appropriated for a fiscal year before
fiscal year 1999 that remain available for obligation.
(6) Construction of an ambulatory care addition at the
Department of Veterans Affairs Medical Center, Tucson,
Arizona, in an amount not to exceed $35,000,000.
(7) Construction of an addition for psychiatric care at the
Department of Veterans Affairs Medical Center, Dallas, Texas,
in an amount not to exceed $24,200,000.
(8) Outpatient clinic projects at Auburn and Merced,
California, as part of the Northern California Healthcare
Systems Project, in an amount not to exceed $3,000,000, to be
derived only from funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 1999 that
remain available for obligation.
(9) Renovations to a nursing home care unit at the
Department of Veterans Affairs Medical Center, Lebanon,
Pennsylvania, in an amount not to exceed $9,500,000.
(10) Construction of a spinal cord injury center at the
Department of Veterans Affairs Medical Center, Tampa,
Florida, in an amount not to exceed $46,300,000, of which
$20,000,000 shall be derived from funds appropriated for a
fiscal year before fiscal year 1999 that remain available for
obligation.
(b) Construction of Parking Facility.--The Secretary may
construct a parking structure at the Department of Veterans
Affairs Medical Center, Denver, Colorado, in an amount not to
exceed $13,000,000, of which $11,900,000 shall be derived
from funds in the Parking Revolving Fund.
SEC. 702. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for
satellite outpatient clinics as follows:
(1) Baton Rouge, Louisiana, in an amount not to exceed
$1,800,000.
(2) Daytona Beach, Florida, in an amount not to exceed
$2,600,000.
(3) Oakland Park, Florida, in an amount not to exceed
$4,100,000.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 1999 and
for fiscal year 2000--
(1) for the Construction, Major Projects, account
$241,100,000 for the projects authorized in section 701(a);
and
(2) for the Medical Care account, $8,500,000 for the leases
authorized in section 702.
(b) Limitation.--(1) The projects authorized in section
701(a) may only be carried out using--
(A) funds appropriated for fiscal year 1999 or fiscal year
2000 pursuant to the authorization of appropriations in
subsection (a);
(B) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 1999 that remain
available for obligation; and
(C) funds appropriated for Construction, Major Projects,
for fiscal year 1999 for a category of activity not specific
to a project.
(2) The project authorized in section 701(b) may only be
carried out using funds appropriated for a fiscal year before
fiscal year 1999--
(A) for the Parking Revolving Fund; or
(B) for Construction, Major Projects, for a category of
activity not specific to a project.
SEC. 704. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
LEASES FOR PURPOSES OF CONGRESSIONAL
AUTHORIZATION.
Section 8104(a)(3)(B) is amended by striking out
``$300,000'' and inserting in lieu thereof ``$600,000''.
SEC. 705. THRESHOLD FOR TREATMENT OF PARKING FACILITY PROJECT
AS A MAJOR MEDICAL FACILITY PROJECT.
Section 8109(i)(2) is amended by striking out
``$3,000,000'' and inserting in lieu thereof ``$4,000,000''.
SEC. 706. PARKING FEES.
(a) Limitation.--The Secretary of Veterans Affairs may not
establish or collect any parking fee at any parking facility
associated with the Spark M. Matsunaga Department of Veterans
Affairs Medical and Regional Office Center in Honolulu,
Hawaii.
(b) Report.--Not later than September 15, 1999, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report regarding
the Department's experience in exercising and administering
the authority of the Secretary to charge parking fees under
subsections (d) and (e) of section 8109 of title 38, United
States Code. The report shall include--
(1) the results of a survey which shall describe the
parking facilities and number of parking spaces available to
employees of the Department at each medical facility of the
Department with more than 50 employees;
(2) an analysis of the means by which the Secretary could
implement in a cost-effective manner the authority of the
Secretary under subsection (e) of section 8109 of title 38,
United States Code; and
(3) recommendations for amending section 8109 of such
title--
(A) to address the applicability of parking fees to
employees of the Secretary who are employed at a regional
office which is co-located with a medical facility;
(B) to address the applicability of parking fees to persons
using parking facilities at Department of Veterans Affairs
medical centers co-located with facilities of the Department
of Defense;
(C) to link any schedule of applicable fees to applicable
commercial rates; and
(D) to achieve any other purpose.
SEC. 707. MASTER PLAN REGARDING USE OF DEPARTMENT OF VETERANS
AFFAIRS LANDS AT WEST LOS ANGELES MEDICAL
CENTER, CALIFORNIA.
(a) Report.--The Secretary of Veterans Affairs shall submit
to Congress a report on the master plan of the Department of
Veterans Affairs relating to the use of Department lands at
the West Los Angeles Department of Veterans Affairs Medical
Center, California.
(b) Report Elements.--The report under subsection (a) shall
set forth the following:
(1) The master plan referred to in that subsection, if such
a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a veterans park on
the lands referred to in subsection (a), and an assessment of
such proposals.
(4) Any proposal to use a portion of those lands as
dedicated green space, and an assessment of such proposals.
(c) Alternative Report Element.--If a master plan referred
to in subsection (a) does not exist as of the date of the
enactment of this Act, the Secretary shall set forth in the
report under that subsection, in lieu of the matters
specified in paragraphs (1) and (2) of subsection (b), a plan
for the development of a master plan for the use of the lands
referred to in subsection (a) over the next 25 years and over
the next 50 years.
SEC. 708. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER, ASPINWALL, PENNSYLVANIA.
The Department of Veterans Affairs medical center in
Aspinwall, Pennsylvania, is hereby designated as the ``H.
John Heinz III Department of Veterans Affairs Medical
Center''. Any reference to that medical center in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the H.
John Heinz III Department of Veterans Affairs Medical Center.
SEC. 709. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER, GAINESVILLE, FLORIDA.
The Department of Veterans Affairs medical center in
Gainesville, Florida, is hereby designated as the ``Malcom
Randall Department of Veterans Affairs Medical Center''. Any
reference to that medical center in any law, regulation, map,
document, record, or other paper of the United States shall
be considered to be a reference to the Malcom Randall
Department of Veterans Affairs Medical Center.
SEC. 710. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
OUTPATIENT CLINIC, COLUMBUS, OHIO.
The Department of Veterans Affairs outpatient clinic in
Columbus, Ohio, shall after the date of the enactment of this
Act be known and designated as the ``Chalmers P. Wylie
Veterans Outpatient Clinic''. Any reference to that
outpatient clinic in any law, regulation, map, document,
record, or other paper of the United States shall be
considered to be a reference to the Chalmers P. Wylie
Veterans Outpatient Clinic.
TITLE VIII--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE
SEC. 801. SHORT TITLE.
This title may be cited as the ``Department of Veterans
Affairs Health Care Personnel Incentive Act of 1998''.
SEC. 802. SCHOLARSHIP PROGRAM FOR DEPARTMENT OF VETERANS
AFFAIRS EMPLOYEES RECEIVING EDUCATION OR
TRAINING IN THE HEALTH PROFESSIONS.
(a) Program Authority.--Chapter 76 is amended by adding at
the end the following new subchapter:
``SUBCHAPTER VI--EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM
``Sec. 7671. Authority for program
``As part of the Educational Assistance Program, the
Secretary may carry out a scholarship program under this
subchapter. The program shall be known as the Department of
Veterans Affairs Employee Incentive Scholarship Program
(hereinafter in this subchapter referred to as the
`Program'). The purpose of the Program is to assist, through
the establishment of an incentive program for individuals
employed in the Veterans Health Administration, in meeting
the staffing needs of the Veterans Health Administration for
health professional occupations for which recruitment or
retention of qualified personnel is difficult.
``Sec. 7672. Eligibility; agreement
``(a) Eligibility.--To be eligible to participate in the
Program, an individual must be an eligible Department
employee who is accepted for enrollment or enrolled (as
described in section 7602 of this title) as a full-
[[Page H10385]]
time or part-time student in a field of education or training
described in subsection (c).
``(b) Eligible Department Employees.--For purposes of
subsection (a), an eligible Department employee is any
employee of the Department who, as of the date on which the
employee submits an application for participation in the
Program, has been continuously employed by the Department for
not less than two years.
``(c) Qualifying Fields of Education or Training.--A
scholarship may be awarded under the Program only for
education and training in a field leading to appointment or
retention in a position under section 7401 of this title.
``(d) Award of Scholarships.--Notwithstanding section
7603(d) of this title, the Secretary, in selecting
participants in the Program, may award a scholarship only to
applicants who have a record of employment with the Veterans
Health Administration which, in the judgment of the
Secretary, demonstrates a high likelihood that the applicant
will be successful in completing such education or training
and in employment in such field.
``(e) Agreement.--(1) An agreement between the Secretary
and a participant in the Program shall (in addition to the
requirements set forth in section 7604 of this title) include
the following:
``(A) The Secretary's agreement to provide the participant
with a scholarship under the Program for a specified number
(from one to three) of school years during which the
participant pursues a course of education or training
described in subsection (c) that meets the requirements set
forth in section 7602(a) of this title.
``(B) The participant's agreement to serve as a full-time
employee in the Veterans Health Administration for a period
of time (hereinafter in this subchapter referred to as the
`period of obligated service') determined in accordance with
regulations prescribed by the Secretary of up to three
calendar years for each school year or part thereof for which
the participant was provided a scholarship under the Program,
but for not less than three years.
``(C) The participant's agreement to serve under
subparagraph (B) in a Department facility selected by the
Secretary.
``(2) In a case in which an extension is granted under
section 7673(c)(2) of this title, the number of years for
which a scholarship may be provided under the Program shall
be the number of school years provided for as a result of the
extension.
``(3) In the case of a participant who is a part-time
student, the period of obligated service shall be reduced in
accordance with the proportion that the number of credit
hours carried by such participant in any such school year
bears to the number of credit hours required to be carried by
a full-time student in the course of training being pursued
by the participant, but in no event to less than one year.
``Sec. 7673. Scholarship
``(a) Scholarship.--A scholarship provided to a participant
in the Program for a school year shall consist of payment of
the tuition (or such portion of the tuition as may be
provided under subsection (b)) of the participant for that
school year and payment of other reasonable educational
expenses (including fees, books, and laboratory expenses) for
that school year.
``(b) Amounts.--The total amount of the scholarship payable
under subsection (a)--
``(1) in the case of a participant in the Program who is a
full-time student, may not exceed $10,000 for any one year;
and
``(2) in the case of a participant in the Program who is a
part-time student, shall be the amount specified in paragraph
(1) reduced in accordance with the proportion that the number
of credit hours carried by the participant in that school
year bears to the number of credit hours required to be
carried by a full-time student in the course of education or
training being pursued by the participant.
``(c) Limitation on Years of Payment.--(1) Subject to
paragraph (2), a participant in the Program may not receive a
scholarship under subsection (a) for more than three school
years.
``(2) The Secretary may extend the number of school years
for which a scholarship may be awarded to a participant in
the Program who is a part-time student to a maximum of six
school years if the Secretary determines that the extension
would be in the best interest of the United States.
``(d) Payment of Educational Expenses by Educational
Institutions.--The Secretary may arrange with an educational
institution in which a participant in the Program is enrolled
for the payment of the educational expenses described in
subsection (a). Such payments may be made without regard to
subsections (a) and (b) of section 3324 of title 31.
``Sec. 7674. Obligated service
``(a) In General.--Each participant in the Program shall
provide service as a full-time employee of the Department for
the period of obligated service provided in the agreement of
the participant entered into under section 7603 of this
title. Such service shall be provided in the full-time
clinical practice of such participant's profession or in
another health-care position in an assignment or location
determined by the Secretary.
``(b) Determination of Service Commencement Date.--(1) Not
later than 60 days before a participant's service
commencement date, the Secretary shall notify the participant
of that service commencement date. That date is the date for
the beginning of the participant's period of obligated
service.
``(2) As soon as possible after a participant's service
commencement date, the Secretary shall--
``(A) in the case of a participant who is not a full-time
employee in the Veterans Health Administration, appoint the
participant as such an employee; and
``(B) in the case of a participant who is an employee in
the Veterans Health Administration but is not serving in a
position for which the participant's course of education or
training prepared the participant, assign the participant to
such a position.
``(3)(A) In the case of a participant receiving a degree
from a school of medicine, osteopathy, dentistry, optometry,
or podiatry, the participant's service commencement date is
the date upon which the participant becomes licensed to
practice medicine, osteopathy, dentistry, optometry, or
podiatry, as the case may be, in a State.
``(B) In the case of a participant receiving a degree from
a school of nursing, the participant's service commencement
date is the later of--
``(i) the participant's course completion date; or
``(ii) the date upon which the participant becomes licensed
as a registered nurse in a State.
``(C) In the case of a participant not covered by
subparagraph (A) or (B), the participant's service
commencement date is the later of--
``(i) the participant's course completion date; or
``(ii) the date the participant meets any applicable
licensure or certification requirements.
``(4) The Secretary shall by regulation prescribe the
service commencement date for participants who were part-time
students. Such regulations shall prescribe terms as similar
as practicable to the terms set forth in paragraph (3).
``(c) Commencement of Obligated Service.--(1) Except as
provided in paragraph (2), a participant in the Program shall
be considered to have begun serving the participant's period
of obligated service--
``(A) on the date, after the participant's course
completion date, on which the participant (in accordance with
subsection (b)) is appointed as a full-time employee in the
Veterans Health Administration; or
``(B) if the participant is a full-time employee in the
Veterans Health Administration on such course completion
date, on the date thereafter on which the participant is
assigned to a position for which the participant's course of
training prepared the participant.
``(2) A participant in the Program who on the participant's
course completion date is a full-time employee in the
Veterans Health Administration serving in a capacity for
which the participant's course of training prepared the
participant shall be considered to have begun serving the
participant's period of obligated service on such course
completion date.
``(d) Course Completion Date Defined.--In this section, the
term `course completion date' means the date on which a
participant in the Program completes the participant's course
of education or training under the Program.
``Sec. 7675. Breach of agreement: liability
``(a) Liquidated Damages.--A participant in the Program
(other than a participant described in subsection (b)) who
fails to accept payment, or instructs the educational
institution in which the participant is enrolled not to
accept payment, in whole or in part, of a scholarship under
the agreement entered into under section 7603 of this title
shall be liable to the United States for liquidated damages
in the amount of $1,500. Such liability is in addition to any
period of obligated service or other obligation or liability
under the agreement.
``(b) Liability During Course of Education or Training.--
(1) Except as provided in subsection (d), a participant in
the Program shall be liable to the United States for the
amount which has been paid to or on behalf of the participant
under the agreement if any of the following occurs:
``(A) The participant fails to maintain an acceptable level
of academic standing in the educational institution in which
the participant is enrolled (as determined by the educational
institution under regulations prescribed by the Secretary).
``(B) The participant is dismissed from such educational
institution for disciplinary reasons.
``(C) The participant voluntarily terminates the course of
education or training in such educational institution before
the completion of such course of education or training.
``(D) The participant fails to become licensed to practice
medicine, osteopathy, dentistry, podiatry, or optometry in a
State, fails to become licensed as a registered nurse in a
State, or fails to meet any applicable licensure requirement
in the case of any other health-care personnel who provide
either direct patient-care services or services incident to
direct patient-care services, during a period of time
determined under regulations prescribed by the Secretary.
``(E) In the case of a participant who is a part-time
student, the participant fails to maintain employment, while
enrolled in the course of training being pursued by the
participant, as a Department employee.
[[Page H10386]]
``(2) Liability under this subsection is in lieu of any
service obligation arising under a participant's agreement.
``(c) Liability During Period of Obligated Service.--(1)
Except as provided in subsection (d), if a participant in the
Program breaches the agreement by failing for any reason to
complete such participant's period of obligated service, the
United States shall be entitled to recover from the
participant an amount determined in accordance with the
following formula:
t-s
A=3F ( ------------------- )
t
------------------------------------------------------------------------
``(2) In such formula:
``(A) `A' is the amount the United States is entitled to
recover.
``(B) `F' is the sum of--
``(i) the amounts paid under this subchapter to or on
behalf of the participant; and
``(ii) the interest on such amounts which would be payable
if at the time the amounts were paid they were loans bearing
interest at the maximum legal prevailing rate, as determined
by the Treasurer of the United States.
``(C) `t' is the total number of months in the
participant's period of obligated service, including any
additional period of obligated service in accordance with
section 7673(c)(2) of this title.
``(D) `s' is the number of months of such period served by
the participant in accordance with section 7673 of this
title.
``(d) Limitation on Liability for Reductions-in-Force.--
Liability shall not arise under subsection (b)(1)(E) or (c)
in the case of a participant otherwise covered by the
subsection concerned if the participant fails to maintain
employment as a Department employee due to a staffing
adjustment.
``(e) Period for Payment of Damages.--Any amount of damages
which the United States is entitled to recover under this
section shall be paid to the United States within the one-
year period beginning on the date of the breach of the
agreement.
``Sec. 7676. Expiration of program
``The Secretary may not furnish scholarships to individuals
who have not commenced participation in the Program before
December 31, 2001.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``SUBCHAPTER VI--EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM
``7671. Authority for program.
``7672. Eligibility; agreement.
``7673. Scholarship.
``7674. Obligated service.
``7675. Breach of agreement: liability.
``7676. Expiration of program.''.
SEC. 803. EDUCATION DEBT REDUCTION PROGRAM FOR VETERANS
HEALTH ADMINISTRATION HEALTH PROFESSIONALS.
(a) Program Authority.--Chapter 76 (as amended by section
802(a)), is further amended by adding after subchapter VI the
following new subchapter:
``SUBCHAPTER VII--EDUCATION DEBT REDUCTION PROGRAM
``Sec. 7681. Authority for program
``(a) In General.--(1) As part of the Educational
Assistance Program, the Secretary may carry out an education
debt reduction program under this subchapter. The program
shall be known as the Department of Veterans Affairs
Education Debt Reduction Program (hereinafter in this
subchapter referred to as the `Education Debt Reduction
Program').
``(2) The purpose of the Education Debt Reduction Program
is to assist in the recruitment of qualified health care
professionals for positions in the Veterans Health
Administration for which recruitment or retention of an
adequate supply of qualified personnel is difficult.
``(b) Relationship to Educational Assistance Program.--
Education debt reduction payments under the Education Debt
Reduction Program may be in addition to other assistance
available to individuals under the Educational Assistance
Program.
``Sec. 7682. Eligibility
``(a) Eligibility.--An individual is eligible to
participate in the Education Debt Reduction Program if the
individual--
``(1) is a recently appointed employee in the Veterans
Health Administration serving under an appointment under
section 7402(b) of this title in a position for which
recruitment or retention of a qualified health-care personnel
(as determined by the Secretary) is difficult; and
``(2) owes any amount of principal or interest under a
loan, the proceeds of which were used by or on behalf of that
individual to pay costs relating to a course of education or
training which led to a degree that qualified the individual
for the position referred to in paragraph (1).
``(b) Covered Costs.--For purposes of subsection (a)(2),
costs relating to a course of education or training include--
``(1) tuition expenses;
``(2) all other reasonable educational expenses, including
expenses for fees, books, and laboratory expenses; and
``(3) reasonable living expenses.
``(c) Recently Appointed Individuals.--For purposes of
subsection (a), an individual shall be considered to be
recently appointed to a position if the individual has held
that position for less than six months.
``Sec. 7683. Education debt reduction
``(a) In General.--Education debt reduction payments under
the Education Debt Reduction Program shall consist of
payments to individuals selected to participate in the
program of amounts to reimburse such individuals for payments
by such individuals of principal and interest on loans
described in section 7682(a)(2) of this title.
``(b) Frequency of Payment.--(1) The Secretary may make
education debt reduction payments to any given participant in
the Education Debt Reduction Program on a monthly or annual
basis, as determined by the Secretary.
``(2) The Secretary shall make such payments at the end of
the period determined by the Secretary under paragraph (1).
``(c) Performance Requirement.--The Secretary may make
education debt reduction payments to a participant in the
Education Debt Reduction Program for a period only if the
Secretary determines that the individual maintained an
acceptable level of performance in the position or positions
served by the participant during the period.
``(d) Maximum Annual Amount.--(1) Subject to paragraph (2),
the amount of education debt reduction payments made to a
participant for a year under the Education Debt Reduction
Program may not exceed--
``(A) $6,000 for the first year of the participant's
participation in the Program;
``(B) $8,000 for the second year of the participant's
participation in the Program; and
``(C) $10,000 for the third year of the participant's
participation in the Program.
``(2) The total amount payable to a participant in such
Program for any year may not exceed the amount of the
principal and interest on loans referred to in subsection (a)
that is paid by the individual during such year.
``Sec. 7684. Expiration of program
``The Secretary may not make education debt reduction
payments to individuals who have not commenced participation
in the Education Debt Reduction Program before December 31,
2001.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter (as amended by section 802(b)) is
further amended by adding at the end the following new items:
``SUBCHAPTER VII--EDUCATION DEBT REDUCTION PROGRAM
``7681. Authority for program.
``7682. Eligibility.
``7683. Education debt reduction.
``7684. Expiration of program.''.
SEC. 804. REPEAL OF PROHIBITION ON PAYMENT OF TUITION LOANS.
Section 523(b) of the Veterans Health Care Act of 1992
(Public Law 102-585; 106 Stat. 4959; 38 U.S.C. 7601 note) is
repealed.
SEC. 805. CONFORMING AMENDMENTS.
Chapter 76 is amended as follows:
(1) Section 7601(a) is amended--
(A) by striking out ``and'' at the end of paragraph (2);
(B) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) the employee incentive scholarship program provided
for in subchapter VI of this chapter; and''; and
``(5) the education debt reduction program provided for in
subchapter VII of this chapter.''.
(2) Section 7602 is amended--
(A) in subsection (a)(1)--
(i) by striking out ``subchapter I or II'' and inserting in
lieu thereof ``subchapter II, III, or VI'';
(ii) by striking out ``or for which'' and inserting in lieu
thereof ``, for which''; and
(iii) by inserting before the period at the end the
following: ``, or for which a scholarship may be awarded
under subchapter VI of this chapter, as the case may be'';
and
(B) in subsection (b), by striking out ``subchapter I or
II'' and inserting in lieu thereof ``subchapter II, III, or
VI''.
(3) Section 7603 is amended--
(A) in subsection (a)--
(i) by striking out ``To apply to participate in the
Educational Assistance Program,'' and inserting in lieu
thereof ``(1) To apply to participate in the Educational
Assistance Program under subsection II, III, V, or VI of this
chapter,''; and
(ii) by adding at the end the following:
``(2) To apply to participate in the Educational Assistance
Program under subchapter VII of this chapter, an individual
shall submit to the Secretary an application for such
participation.''; and
(B) in subsection (b)(1), by inserting ``(if required)''
before the period at the end.
(4) Section 7604 is amended by striking out ``subchapter
II, III, or V'' in paragraphs (1)(A), (2)(D), and (5) and
inserting in lieu thereof ``subchapter II, III, V, or VI''.
(5) Section 7632 is amended--
(A) in paragraph (1)--
(i) by striking out ``and the Tuition Reimbursement
Program'' and inserting in lieu thereof ``, the Tuition
Reimbursement Program, the Employee Incentive Scholarship
Program, and the Education Debt Reduction Program''; and
(ii) by inserting ``(if any)'' after ``number of
students'';
(B) in paragraph (2), by inserting ``(if any)'' after
``education institutions''; and
(C) in paragraph (4)--
(i) by striking ``and per participant'' and inserting in
lieu thereof ``, per participant''; and
[[Page H10387]]
(ii) by inserting ``, per participant in the Employee
Incentive Scholarship Program, and per participant in the
Education Debt Reduction Program'' before the period at the
end.
(6) Section 7636 is amended by striking ``or a stipend''
and inserting ``a stipend, or education debt reduction''.
SEC. 806. COORDINATION WITH APPROPRIATIONS PROVISION.
This title shall be considered to be the authorizing
legislation referred to in the third proviso under the
heading ``Veterans Health Administration--medical care'' in
title I of the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies
Appropriations Act, 1999, and the reference in that proviso
to the ``Primary Care Providers Incentive Act'' shall be
treated as referring to this title.
TITLE IX--MISCELLANEOUS MEDICAL CARE AND MEDICAL ADMINISTRATION
PROVISIONS
SEC. 901. EXAMINATIONS AND CARE ASSOCIATED WITH CERTAIN
RADIATION TREATMENT.
(a) In General.--Chapter 17 is amended by inserting after
section 1720D the following new section:
``Sec. 1720E. Nasopharyngeal radium irradiation
``(a) The Secretary may provide any veteran a medical
examination, and hospital care, medical services, and nursing
home care, which the Secretary determines is needed for the
treatment of any cancer of the head or neck which the
Secretary finds may be associated with the veteran's receipt
of nasopharyngeal radium irradiation treatments in active
military, naval, or air service.
``(b) The Secretary shall provide care and services to a
veteran under subsection (a) only on the basis of evidence in
the service records of the veteran which document
nasopharyngeal radium irradiation treatment in service,
except that, notwithstanding the absence of such
documentation, the Secretary may provide such care to a
veteran who--
``(1) served as an aviator in the active military, naval,
or air service before the end of the Korean conflict; or
``(2) underwent submarine training in active naval service
before January 1, 1965.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1720D the following new item:
``1720E. Nasopharyngeal radium irradiation.''.
SEC. 902. EXTENSION OF AUTHORITY TO COUNSEL AND TREAT
VETERANS FOR SEXUAL TRAUMA.
Section 1720D(a) is amended by striking out ``December 31,
1998'' in paragraphs (1) and (3) and inserting in lieu
thereof ``December 31, 2001''.
SEC. 903. MANAGEMENT OF SPECIALIZED TREATMENT AND
REHABILITATIVE PROGRAMS.
(a) Standards of Job Performance.--Section 1706(b) is
amended--
(1) in paragraph (2), by striking out ``April 1, 1997,
April 1, 1998, and April 1, 1999'' and inserting in lieu
thereof ``April 1, 1999, April 1, 2000, and April 1, 2001'';
and
(2) by adding at the end the following new paragraph:
``(3)(A) To ensure compliance with paragraph (1), the Under
Secretary for Health shall prescribe objective standards of
job performance for employees in positions described in
subparagraph (B) with respect to the job performance of those
employees in carrying out the requirements of paragraph (1).
Those job performance standards shall include measures of
workload, allocation of resources, and quality-of-care
indicators.
``(B) Positions described in this subparagraph are
positions in the Veterans Health Administration that have
responsibility for allocating and managing resources
applicable to the requirements of paragraph (1).
``(C) The Under Secretary shall develop the job performance
standards under subparagraph (A) in consultation with the
Advisory Committee on Prosthetics and Special Disabilities
Programs and the Committee on Care of Severely Chronically
Mentally Ill Veterans.''.
(b) Deadline for Prescribing Standards.--The standards of
job performance required by paragraph (3) of section 1706(b)
of title 38, United States Code, as added by subsection (a),
shall be prescribed not later than January 1, 1999.
SEC. 904. AUTHORITY TO USE FOR OPERATING EXPENSES OF
DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITIES AMOUNTS AVAILABLE BY REASON OF THE
LIMITATION ON PENSION FOR VETERANS RECEIVING
NURSING HOME CARE.
(a) In General.--Section 5503(a)(1)(B) is amended by
striking ``Effective through September 30, 1997, any'' in the
second sentence and inserting ``Any''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of October 1, 1997.
SEC. 905. REPORT ON NURSE LOCALITY PAY.
(a) Report Required.--(1) Not later than February 1, 1999,
the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and the House
of Representatives a report assessing the system of locality-
based pay for nurses established under the Department of
Veterans Affairs Nurse Pay Act of 1990 (Public Law 101-366)
and now set forth in section 7451 of title 38, United States
Code.
(2) The Secretary shall submit with the report under
paragraph (1) a copy of the report on the locality pay system
prepared by the contractor pursuant to a contract with
Systems Flow, Inc., that was entered into on May 22, 1998.
(b) Matters To Be Included--The report of the Secretary
under subsection (a)(1) shall include the following:
(1) An assessment of the effects of the locality-based pay
system, including information, shown by facility and grade
level, regarding the frequency and percentage increases, if
any, in the rate of basic pay under that system of nurses
employed in the Veterans Health Administration.
(2) An assessment of the manner in which that system is
being applied.
(3) Plans and recommendations of the Secretary for
administrative and legislative improvements or revisions to
the locality pay system.
(4) An explanation of the reasons for any decision not to
adopt any recommendation in the report referred to in
subsection (a)(2).
(c) Updated Report.--Not later than February 1, 2000, the
Secretary shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report updating
the report submitted under subsection (a)(1).
SEC. 906. ANNUAL REPORT ON PROGRAM AND EXPENDITURES OF
DEPARTMENT OF VETERANS AFFAIRS FOR DOMESTIC
RESPONSE TO WEAPONS OF MASS DESTRUCTION.
(a) In General.--Subchapter II of chapter 5 is amended by
adding at the end the following new section:
``Sec. 530. Annual report on program and expenditures for
domestic response to weapons of mass destruction
``(a) The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
an annual report, to be submitted each year at the time that
the President submits the budget for the next fiscal year
under section 1105 of title 31, on the activities of the
Department relating to preparation for, and participation in,
a domestic medical response to an attack involving weapons of
mass destruction.
``(b) Each report under subsection (a) shall include the
following:
``(1) A statement of the amounts of funds and the level of
personnel resources (stated in terms of full-time equivalent
employees) expected to be used by the Department during the
next fiscal year in preparation for a domestic medical
response to an attack involving weapons of mass destruction,
including the anticipated source of those funds and any
anticipated shortfalls in funds or personnel resources to
achieve the tasks assigned the Department by the President in
connection with preparation for such a response.
``(2) A detailed statement of the funds expended and
personnel resources (stated in terms of full-time equivalent
employees) used during the fiscal year preceding the fiscal
year during which the report is submitted in preparation for
a domestic medical response to an attack involving weapons of
mass destruction or in response to such an attack, including
identification of the source of those funds and a description
of how those funds were expended.
``(3) A detailed statement of the funds expended and
expected to be expended, and the personnel resources (stated
in terms of full-time equivalent employees) used and expected
to be used, during the fiscal year during which the report is
submitted in preparation for a domestic medical response to
an attack involving weapons of mass destruction or in
response to such an attack, including identification of the
source of funds expended and a description of how those funds
were expended.
``(c) This section shall expire on January 1, 2009.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 529 the following new item:
``530. Annual report on program and expenditures for domestic response
to weapons of mass destruction.''.
SEC. 907. INTERIM APPOINTMENT OF UNDER SECRETARY FOR HEALTH.
The President may appoint to the position of Under
Secretary for Health of the Department of Veterans Affairs,
for service through June 30, 1999, the individual whose
appointment to that position under section 305 of title 38,
United States Code, expired on September 28, 1998.
TITLE X--OTHER MATTERS
SEC. 1001. REQUIREMENT FOR NAMING OF DEPARTMENT PROPERTY.
(a) In General.--(1) Subchapter II of chapter 5, as amended
by section 906(a), is further amended by adding at the end
the following new section:
``Sec. 531. Requirement relating to naming of Department
property
``Except as expressly provided by law, a facility,
structure, or real property of the Department, and a major
portion (such as a wing or floor) of any such facility,
structure, or real property, may be named only for the
geographic area in which the facility, structure, or real
property is located.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
530, as added by section 906(b), the following new item:
``531. Requirement relating to naming of Department property.''.
(b) Effective Date.--Section 531 of title 38, United States
Code, as added by subsection (a)(1), shall apply with respect
to the
[[Page H10388]]
assignment or designation of the name of a facility,
structure, or real property of the Department of Veterans
Affairs (or of a major portion thereof) after the date of the
enactment of this Act.
SEC. 1002. MEMBERS OF THE BOARD OF VETERANS' APPEALS.
(a) Requirement for Board Members To Be Attorneys.--Section
7101A(a) is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) Each member of the Board shall be a member in good
standing of the bar of a State.''.
(b) Employment Reversion Rights.--Paragraph (2) of section
7101A(d) is amended to read as follows:
``(2)(A) Upon removal from the Board under paragraph (1) of
a member of the Board who before appointment to the Board
served as an attorney in the civil service, the Secretary
shall appoint that member to an attorney position at the
Board, if the removed member so requests. If the removed
member served in an attorney position at the Board
immediately before appointment to the Board, appointment to
an attorney position under this paragraph shall be in the
grade and step held by the removed member immediately before
such appointment to the Board.
``(B) The Secretary is not required to make an appointment
to an attorney position under this paragraph if the Secretary
determines that the member of the Board removed under
paragraph (1) is not qualified for the position.''.
SEC. 1003. FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS BY
BOARD OF VETERANS' APPEALS.
(a) Flexibility in Order of Consideration and
Determination.--Subsection (a) of section 7107 is amended--
(1) in paragraph (1), by inserting ``in paragraphs (2) and
(3) and'' after ``Except as provided'';
(2) in paragraph (2), by striking out the second sentence
and inserting in lieu thereof the following: ``Any such
motion shall set forth succinctly the grounds upon which the
motion is based. Such a motion may be granted only--
``(A) if the case involves interpretation of law of general
application affecting other claims;
``(B) if the appellant is seriously ill or is under severe
financial hardship; or
``(C) for other sufficient cause shown.''; and
(3) by adding at the end the following new paragraph:
``(3) A case referred to in paragraph (1) may be postponed
for later consideration and determination if such
postponement is necessary to afford the appellant a
hearing.''.
(b) Scheduling of Field Hearings.--Subsection (d) of such
section is amended--
(1) in paragraph (2), by striking out ``in the order'' and
all that follows through the end and inserting in lieu
thereof ``in accordance with the place of the case on the
docket under subsection (a) relative to other cases on the
docket for which hearings are scheduled to be held within
that area.''; and
(2) by striking out paragraph (3) and inserting in lieu
thereof the following new paragraph (3):
``(3) A hearing to be held within an area served by a
regional office of the Department may, for cause shown, be
advanced on motion for an earlier hearing. Any such motion
shall set forth succinctly the grounds upon which the motion
is based. Such a motion may be granted only--
``(A) if the case involves interpretation of law of general
application affecting other claims;
``(B) if the appellant is seriously ill or is under severe
financial hardship; or
``(C) for other sufficient cause shown.''.
SEC. 1004. DISABLED VETERANS OUTREACH PROGRAM SPECIALISTS.
(a) In General.--Section 4103A(a)(1) is amended--
(1) in the first sentence, by striking out ``for each 6,900
veterans residing in such State'' through the period and
inserting in lieu thereof ``for each 7,400 veterans who are
between the ages of 20 and 64 residing in such State.'';
(2) in the third sentence, by striking out ``of the Vietnam
era''; and
(3) by striking out the fourth sentence.
(b) Effective Date.--The amendments made by this section
shall apply with respect to appointments of disabled
veterans' outreach program specialists under section 4103A of
title 38, United States Code, on or after the date of the
enactment of this Act.
SEC. 1005. TECHNICAL AMENDMENTS.
(a) Section Redesignation.--Section 1103, as added by
section 8031(a) of the Veterans Reconciliation Act of 1997
(title VIII of Public Law 105-33), is redesignated as section
1104, and the item relating to that section in the table of
sections at the beginning of chapter 11 is revised to reflect
that redesignation.
(b) Other Amendments to title 38, U.S.C.--
(1) Section 712(a) is amended by striking out ``the date of
the enactment of this section'' and inserting in lieu thereof
``November 2, 1994,''.
(2) Section 1706(b)(1) is amended by striking out ``the
date of the enactment of this section'' at the end of the
first sentence and inserting in lieu thereof ``October 9,
1996''.
(3) Section 1710(e)(2)(A)(ii) is amended by striking out
``section 2'' and inserting in lieu thereof ``section 3''.
(4) Section 1803(c)(2) is amended by striking out ``who
furnishes health care that the Secretary determines
authorized'' and inserting in lieu thereof ``furnishing
health care services that the Secretary determines are
authorized''.
(5) Section 2408(d)(1) is amended--
(A) by striking out ``the date of the enactment of this
subsection'' and inserting in lieu thereof ``November 21,
1997,''; and
(B) by striking out ``on the condition described in'' and
inserting in lieu thereof ``subject to the condition
specified in''.
(6) Section 3018B(a)(2)(E) is amended by striking out
``before the one-year period beginning on the date of
enactment of this section,'' and inserting in lieu thereof
``before October 23, 1993,''.
(7) Section 3231(a)(2) is amended by striking out
``subsection (f)'' and inserting in lieu thereof ``subsection
(e)''.
(8) Section 3674A(b)(1) is amended by striking out ``after
the 18-month period beginning on the date of the enactment of
this section''.
(9) Section 3680A(d)(2)(C) is amended by striking out
``section''.
(10) Section 3714(f)(1)(B) is amended by striking out
``more than 45 days after the date of the enactment of the
Veterans' Benefits and Programs Improvement Act of 1988'' and
inserting in lieu thereof ``after January 1, 1989''.
(11) Section 3727(a) is amended by striking out ``the date
of enactment of this section'' and inserting in lieu thereof
``May 7, 1968''.
(12) Section 3730(a) is amended by striking out ``Within''
and all that follows through ``steps to'' and inserting in
lieu thereof ``The Secretary shall''.
(13) Section 4102A(e)(1) is amended by striking out the
second sentence and inserting in lieu thereof the following:
``A person may not be assigned after October 9, 1996, as such
a Regional Administrator unless the person is a veteran.''.
(14) Section 4110A is amended--
(A) by striking out subsection (b); and
(B) by redesignating paragraph (3) of subsection (a) as
subsection (b) and striking out ``paragraph (1)'' therein and
inserting in lieu thereof ``subsection (a)''.
(15) Section 5303A(d) is amended--
(A) in paragraph (2)(B), by striking out ``on or after the
date of the enactment of this subsection'' and inserting in
lieu thereof ``after October 13, 1982,''; and
(B) in paragraph (3)(B)(i), by striking out ``on or after
the date of the enactment of this subsection,'' and inserting
in lieu thereof ``after October 13, 1982,''.
(16) Section 5313(d)(1) is amended by striking out ``the
date of the enactment of this section,'' and inserting in
lieu thereof ``October 7, 1980,''.
(17) Section 5315(b)(1) is amended by striking out ``the
date of the enactment of this section,'' and inserting in
lieu thereof ``October 17, 1980,''.
(18) Section 8107(b)(3)(E) is amended by striking out
``section 7305'' and inserting in lieu thereof ``section
7306(f)(1)(A)''.
(c) Public Law 104-275.--The Veterans' Benefits
Improvements Act of 1996 (Public Law 104-275) is amended as
follows:
(1) Section 303(b) (110 Stat. 3332; 38 U.S.C. 4104 note) is
amended by striking out ``sections 4104(b)(1) and (c)'' and
inserting in lieu thereof ``subsections (b)(1) and (c) of
section 4104''.
(2) Section 705(e) (110 Stat. 3350; 38 U.S.C. 545 note) is
amended by striking out ``section 5316'' and inserting in
lieu thereof ``section 5315''.
TITLE XI--COMPENSATION COST-OF-LIVING ADJUSTMENT
SEC. 1101. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs
shall, effective on December 1, 1998, increase the dollar
amounts in effect for the payment of disability compensation
and dependency and indemnity compensation by the Secretary,
as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such
title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b)
of such title.
(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(8) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under
subsection (a) shall be made in the dollar amounts specified
in subsection (b) as in effect on November 30, 1998.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage
by which
[[Page H10389]]
benefit amounts payable under title II of the Social Security
Act (42 U.S.C. 401 et seq.) are increased effective December
1, 1998, as a result of a determination under section 215(i)
of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary may adjust
administratively, consistent with the increases made under
subsection (a), the rates of disability compensation payable
to persons within the purview of section 10 of Public Law 85-
857 (72 Stat. 1263) who are not in receipt of compensation
payable pursuant to chapter 11 of title 38, United States
Code.
SEC. 1102. PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section
215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a
determination made under section 215(i) of such Act during
fiscal year 1998, the Secretary of Veterans Affairs shall
publish in the Federal Register the amounts specified in
subsection (b) of section 1101, as increased pursuant to that
section.
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).
(Mr. STUMP asked and was given permission to revise and extend his
remarks.)
General Leave
Mr. STUMP. Mr. 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 H.Res. 592.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. STUMP. Mr. Speaker, I ask unanimous consent that each side be
limited to 5 minutes.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the House and Senate Veterans' Affairs Committees have
reached an agreement on a wide-ranging package of veterans' program
enhancements in our usual bipartisan fashion. I believe this bill is an
excellent package of program reform for veterans. It clearly
demonstrates action by Congress to fulfill our Nation's commitment to
those who have sacrificed in the defense of freedom.
Mr. Speaker, I urge my colleagues to vote for this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the measure now before the House, as amended, the
Veterans' Benefits Enhancement Act of 1998, deserves the strong support
of every Member of the House of Representatives.
This measure improves the benefits provided by a grateful Nation to
the men and women who, through their honorable service in uniform, have
earned the benefits provided by Congress on behalf of this grateful
Nation. The legislation is the result of diligent work, and I want to
thank the gentleman from Arizona (Mr. Stump), chairman of the
committee, for his work and efforts in making this come to passage
today.
One of the most important provisions creates a new permanent
framework for establishing a presumption of service connection for
Persian Gulf war veterans. I urge every Member to support the passage
of this legislation.
Mr. Speaker, I rise in support of the Veterans' Programs Enhancement
Act of 1998. This omnibus measure improves many of the benefits which a
grateful Nation has provided to the men and women who served in uniform
and deserves the strong support of every Member of this body.
The legislation now before us is the result of the diligent work and
cooperative efforts of many Members. In particular, I want to recognize
and thank the Chairman of the Committee, the gentleman from Arizona,
for his continued leadership on behalf of the Nation's veterans. I also
want to commend the Chairman and Ranking Democratic Member of our
Health Subcommittee, Cliff Stearns and Luis Gutierrez; the Chairman and
Ranking Democratic Member of our Benefits Subcommittee, Jack Quinn and
Bob Filner; the Chairman and Ranking Democratic Member of our Oversight
and Investigations Subcommittee, Terry Everett and Jim Clyburn, and the
other Members of the Committee who have contributed to this
legislation. I also want to recognize the Democratic and Republican
staffs for their outstanding efforts and their critical contributions
to the legislative process and the measure before us.
cost-of-living adjustment
The Veterans' Benefits Enhancement Act of 1998 includes numerous
important provisions. This measure provides a cost-of-living adjustment
(COLA) in the rates of compensation for veterans with service-connected
disabilities and the rates of dependency and indemnity compensation for
survivors of certain disabled veterans. The bill assures our veterans
and their families that the value of these benefits will not be diluted
by increases in the cost-of-living. While the amount of the increase to
veterans and their families will not be great because of minimal
inflation, it will protect the purchasing power of these beneficiaries.
By enacting this bill, we are keeping our promises to those veterans
who have sacrificed their health and, in some cases, their lives for
our nation. The adjustment to be provided to veterans in receipt of
compensation for a service-connected disability are to be the same rate
of increase being provided to beneficiaries of Social Security
benefits. Our Nation owes much to those who have honorably served in
our Armed Forces.
persian gulf veterans
This bill provides for an independent scientific inquiry and research
to ascertain the nature of the illnesses which are experienced by our
Gulf War veterans and to determine the most effective means of
treatment for these illnesses. This will fulfill for many Persian Gulf
veterans, as well as the American public, the need to bring a credible
``third-party'' perspective to the table.
Earlier this year I introduced H.R. 3279, the Persian Gulf Veterans
Act of 1998, which provided for epidemiological studies to identify
medical conditions which are more prevalent among Gulf War theatre
veterans than comparable groups. This scientific approach provides an
important means of identifying those medical conditions for which VA
should consider compensating Gulf War veterans. I am pleased the
compromise legislation we are considering today incorporates the intent
of H.R. 3279.
Approximately 697,000 American men and women served our country
during Operations Desert Shield and Desert Storm. These members of the
Armed Forces were subject to the rigors of combat in a desert
environment and to a variety of potentially toxic substances which
alone, or in combination, may have adversely affected their health.
It may take years to determine why Gulf veterans are sick, but one
thing is indisputable. Our veterans are suffering, and many share
similar symptoms that are not attributable to any particular known
cause. These symptoms, rather than unknown and yet-to-be-determined
causes, are an appropriate basis for granting compensation. This
approach will require scientists to determine which conditions are most
likely the result of Gulf War service. This approach will also not
require veterans to prove that a certain specific exposure caused an
adverse health outcome; proof of which would require science and data
that do not now, and may never, exist.
Determining the ``prevalence'' of the illnesses Gulf War theatre
veterans experience more often than comparable populations is a
scientifically valid epidemiological approach endorsed by scientists
from the President's Gulf War advisory panel. On February 5, 1998, Dr.
Arthur Caplan, a member of the Presidential Advisory Committee on Gulf
War Veterans' Illnesses, stated that his Committee felt a prevalence
model gave the veterans the greatest benefit of the doubt. According
to Dr. Caplan, ``Gulf War Illness is a very real phenomena. No one on
this committee should doubt that for a moment. . . . What should be
forthcoming . . . is an unwavering commitment from this Congress and
this administration to provide the health and disability benefits to
all those who became sick when they came back from the Gulf.''
I am very pleased the measure before us today includes, in principle,
many of the provisions contained in the Persian Gulf Veterans Act of
1998 and believe it will provide answers to the many health-related
questions and concerns of our Gulf War veterans.
The measure before us also authorizes a study to determine
scientifically-rigorous measures of health treatment provided to Gulf
War veterans. Many veterans have told me heartbreaking stories about
the deterioration of their health since their return from the Gulf.
Some have been suffering for many years and are desperate for effective
health care treatment. Finding meaningful ways of assessing outcomes
can help scientists determine the best health care treatments so more
veterans can benefit from them. Assessing effective treatment was an
important part of my bill, H.R. 3279, and I thank my colleagues for
including this provision in the compromise agreement.
[[Page H10390]]
This legislation also extends expiring authority for the health care
assessment of spouses and dependents of Gulf War veterans. I have
strongly supported this program but have been concerned that inadequate
implementation by VA has hampered its usefulness. For the many
dependents who seem to be suffering from ailments similar to those
experienced by their spouses who served in the Gulf, providing them
with a thorough physical examination is entirely appropriate and will,
hopefully, ensure their peace of mind. This measure will provide the
opportunity for more dependents to take advantage of this important
program.
eligibility for va health care for pgw veterans
Another of the important component of this bill is the extension of
eligibility for VA health care for PGW veterans with undiagnosed
illnesses until the year 2002. Earlier this year, I introduced H.R.
3571 which extended this authority and am pleased this provision was
incorporated in the measure before us today.
national center for war-related illnesses
In addition, this legislation requires VA to enter into a study to
determine the agencies and resources best suited to examine war-related
illnesses. A plan will be developed to assign an appropriate agency to
advise VA and DOD regarding preparation for post-deployment medical
responses and assess the extent to which activities such as medical
record keeping and risk communication can be improved to enhance
veterans' post-combat health status.
authority to treat combat veterans
This bill gives VA the tools to apply these lessons learned by
allowing VA to treat veterans from a theater of combat for two years
post--discharge and to establish a plan for examining the health status
and health utilization of veterans of future combat periods. This
measure applies ``lessons learned'' from past experience with the
aftermath of war and its effect on veterans. We have learned that some
veterans may experience illnesses following their combat service
unrelated to recognizable combat wounds. We have learned that the
sooner we address these health consequences, the more likely veterans
are to improve over shorter periods of time. We have learned that
having systems in place to identify unusual health care utilization
patterns among combat veterans can help us to quickly recognize trends
that may indicate unique exposures or problems.
sexual trauma counseling
Among the most important provisions contained in the measure before
us is the extension of VA's authority to provide sexual trauma
counseling to victims of sexual assault during their military service.
My good friend, Luis Gutierrez, the Ranking Democratic Member of the
Health Subcommittee, has worked tirelessly to reauthorize VA's
provision of sexual trauma counseling to veterans, and he is due much
of the credit for the inclusion of this provision in the omnibus bill.
Some surveys indicate that up to 52% of women in the military state
that they have been sexually harassed. Since the number of women
entering the military continues to grow, the need for sexual trauma
counseling will obviously continue. While I am pleased that we are
extending the authorization of this valuable program today, I want to
continue to work on improvements and enhancements to sexual trauma
counseling eligibility in the future.
transitional housing for homeless veterans
Mr. Speaker, I am very glad that the provisions of H.R. 3039, the
Veterans Transitional Housing Opportunities Act of 1998, approved by
the House on May 19, 1998, are contained in H.R. 4110. These provisions
will expand the supply of transitional housing for homeless veterans by
authorizing VA to guarantee loans for self-sustaining housing projects
specifically targeted at homeless veterans. Patterned after many
successful programs across the country, residents of the housing
projects established under this section would be required to seek and
maintain employment, maintain sobriety, and pay a reasonable fee for
their residence.
According to Department of Veterans Affairs statistics, one-third of
the homeless men in this country are military veterans, and
approximately 60% of those individuals are veterans of the Vietnam era.
On any given night, more than 271,000 veterans sleep on America's
streets or in homeless shelters. Although transitional housing has been
identified as a major need for homeless veterans, there is an acute
shortage of this type of shelter, largely because of the difficulty in
obtaining financing. In fact, to accommodate the hundreds of thousands
of homeless veterans, VA has fewer than 5,000 transitional-type beds
either under contract or as part of its domiciliary program. I believe
that the loan guaranty program established under H.R. 3039 will
generate opportunities for localities to provide transitional housing
for homeless veterans.
Selected Reserve Home Loan Eligibility
The compromise measure also includes a provision which would extend
for five years the eligibility of members of the Selected Reserve for
veterans housing loans. A similar provision was included in H.R. 4110,
the Veterans' Benefits Improvement Act of 1998, when it was approved by
the House in August. The VA's current authority to guarantee home loans
for members of the National Guard and Reserve components will expire on
September 30, 1999. More than 43,000 Selected Reserve members have
bought their homes using a VA home loan, and 67 percent of these
individuals were first-time buyers. This program has been very
successful, and I am pleased that this extension is included in the
compromise agreement.
Veteran Status for Merchant mariners
Another provision in the compromise measure extends veteran status,
for the purpose of burial benefits, to Merchant Mariners who served our
nation between the dates of August 15, 1945 and December 31, 1946--the
official end of World War II. Until now, this special group has not
received the recognition of veteran status to which I believe they have
long been entitled. The service of Merchant Mariners to our nation
includes the heroic efforts put forth during World War II by the
thousands of young men who volunteered for service in the United States
Merchant Marines. Many of these mariners were recruited specifically to
staff ships under the control and direction of the United States
Government to assist the World War II effort. These seamen were subject
to government control; their vessels were controlled by the government
under the authority of the War Shipping Administration and, like other
branches of military service, they traveled under sealed orders and
were subject to the Code of Military Justice.
Some volunteers joined the Merchant Marines because minor physical
problems, such as poor eyesight, made them ineligible for service in
the Army, Navy, or Marine Corps. Others were encouraged by military
recruiters to volunteer for service in the Merchant Marines because the
recruiter recognized that the special skills offered by the volunteer
could best be put to use for our country by service in the Merchant
Marines. Most importantly, all were motivated by their deep love of
country and personal sense of patriotism to contribute to the war
effort.
In order to staff our growing merchant fleet during World War II, the
U.S. Maritime Commission established training camps around the country
under the direct supervision of the Coast Guard. After completing basic
training, which included both small arms and cannon proficiency, seamen
became active members of the U.S. Merchant Marines. These seamen, often
at great personal risk, helped deliver troops and war supplies needed
for every Allied invasion site from Guadalcanal to Omaha Beach.
More than 6,500 Merchant Marines who served our country during World
War II gave the ultimate sacrifice of their lives, including 37 who
died as prisoners of war, and almost 5,000 World War II Merchant
Mariners remain missing and are presumed dead. In addition, 733 U.S.
Merchant ships were destroyed. Even after the surrender of Japan,
members of our Merchant Marine fleet were in mortal danger as they
continued to support the war effort by entering mined harbors to
transport our troops safely home. After the war ended, they carried
food and medicine to millions of the world's starving people. It is
important to remember that during the time period addressed by this
bill, August 15, 1945 through December 31, 1946, 12 U.S. Flag Merchant
Vessels were lost or damaged as a result of striking mines, and some of
the Merchant Mariners serving on these vessels were killed or injured.
Fully understanding the tremendous risks they faced, mariners
nonetheless willingly went into mined harbors so that they could bring
our American troops home to their families and friends. I believe these
courageous Merchant Mariners, who were subject to the risks and dangers
of war between V-J Day and the official end of the war, have been
wrongfully denied veteran status. They faced the very real hazards of
war-time hostile actions and should not be denied the status of veteran
for purposes of laws administered by the Department of Veterans Affairs
because their sea-going contribution began after August 15, 1945.
[[Page H10391]]
With the enactment of this legislation, Congress officially
recognizes the veteran status of these brave mariners for the purpose
of burial benefits. As the author of the Merchant Mariner Fairness Act,
H.R. 1126, which was cosponsored by more than 300 Members of the House,
I would have welcomed the enactment of that legislation which provided
additional veterans' benefits to these brave mariners. Nevertheless, I
am pleased this legislation will at long last provide overdue
recognition and grant veteran status for burial benefits.
State Veteran Cemetery Grant Program
The compromise agreement also modifies the current State Cemetery
Grants Program to authorize VA to pay up to 100 percent of the cost of
constructing and equipping state veterans' cemeteries. Under current
law, VA may pay up to 50 percent of the cost of land and construction.
This provision was contained in H.R. 4110, the Veterans Benefits
Improvement Act of 1998, as approved by the House in August.
When the Department first proposed that the state cemetery program be
altered, VA officials indicated that they intended the modified program
to replace construction of new national cemeteries. Although we on the
Committee were interested in the VA's proposed change to the state
cemetery grants, we strongly disagreed with the VA's assertion that an
improved state grant program would eliminate the need for future
national cemetery construction. The Committee made it clear to the VA
that continuing construction of new national cemeteries, must be a high
priority and that the state grants program, although important, is
merely a supplement to an expanding national cemetery system. The VA
subsequently expressed complete support for the Committee's views
regarding future national cemetery construction, and the Committee
included the state grant program enhancements in H.R. 4110, as approved
by the House in August.
education
Mr. Speaker, I am very pleased that the compromise measure includes
all of the education-related provisions contained in H.R. 4110, as
introduced, the Veterans' Benefits Improvement Act of 1998, which was
unanimously approved by the House on August 3, 1998. Although all of
these provisions will enhance veterans' education programs, I
particularly want to stress the importance of the sections of the bill
which require the VA and the military services to provide additional
information regarding Montgomery GI Bill benefits to active duty
servicemembers.
We have been told by college and VA officials that too many active
duty servicemembers and veteran students are not well informed
regarding their Montgomery GI Bill (MGIB) benefits. They do not
understand the payment procedures under the MGIB and, too often, do not
know the amount of the benefit to which they are entitled.
Additionally, we have been informed that some young veterans who have
taken early-outs from their military service, specifically in order to
enter college, discovered when they applied for their VA education
benefits that, because they took an early-out, they had not fulfilled
the minimum active duty requirements and, consequently, had lost their
eligibility for Montgomery GI Bill benefits. It is our expectation that
the VA and service branches will work closely together to ensure full
and effective compliance with the requirements of the compromise
measure and that servicemembers will have the GI Bill information they
need--when they need it.
uniformed services employment and reemployment rights act (userra)
I am very pleased that the bill we are considering today includes the
provisions of H.R. 3213, the USERRA Amendments Act of 1998, which was
approved by the House on March 24, 1998. These provisions are, in part,
derived from those of H.R. 166, the Veterans' Job Protection Act, a
bill introduced by Congressman Bob Filner, the Ranking Democrat on the
Veterans Affairs Subcommittee on Benefits.
For more than 50 years, Federal law has provided protection for
members of the uniformed services (including active duty and Reserve/
National Guard duty) who choose to return to their civilian employment
following military service. This protection has long covered state and
private employment and is codified at chapter 43, title 38, United
States Code. In particular, protections for those who believed their
veterans' reemployment rights had not been honored included the right
to bring an action against a state or private employer in federal
court.
In 1996, the Supreme Court reached a decision in Seminole Tribe of
Florida v. Florida that had the unintended effect of making
unconstitutional, the right of state employees to sue their employers
in federal court if the employees believe their veterans' reemployment
rights had been violated. Since that decision, at least two court
decisions have ruled against the veteran involved. This bill restores
the protections and remedies for state employees that existed prior to
the Seminole Tribe decision, and I appreciate the Senate's support for
the House-passed legislation.
nasopharyngeal irradiation therapy
The compromise measure addresses the long-standing need for treatment
of disorders associated with nasopharyngeal irradiation therapy. This
therapy exposed veterans to higher doses of radiation than many of the
atomic veterans who are eligible to receive care in VA today. Veterans
who served on aircraft or submarines were routinely and, often,
involuntarily exposed to this therapy for prevention of sinus and ear
infections that were common hazards of this service. Providing care for
conditions thought to be related to such treatment is long overdue.
Credit is due to the Administration which recommended enactment of
similar legislation to Congress.
specialized services for disabled veterans
The bill before us today includes a provision to require VA to add
effective measures of capacity and quality, developed with VA's
Advisory Committees on the Seriously Chronically Mentally Ill and the
Committee on Special Disabilities to managers' performance contracts. I
thank the Committees' majority who agreed to hold the compelling
hearing in July and to develop the provision before us today.
Decentralizing VA management and taking away authority VA service
chiefs once had for ensuring the integrity of these programs may be
largely to blame for these programs' disintegration. Once these
programs offered ``state-of-the-art'' in managing care for some types
of disabilities, particularly for combat injuries. With no effective VA
oversight of these programs, they now seem to be falling into disarray.
Performance measurements are now king and VA managers with power over
resource distribution are not now evaluated ensuring the integrity of
specialized services.
I am particularly pleased this measure offers another means to
address the provision of specialized services for disabled veterans.
The Subcommittee on Health of the House Committee on Veterans' Affairs
conducted a hearing earlier this year which examined the need to
further protect these special programs. Notwithstanding special
legislative protection Congress enacted to ensure that capacity in
these programs is maintained, testimony from both veterans and other
witnesses indicated VA has, in large part, not provided this
protection.
Medal of Honor Pension
The Committee has been advised that veterans who have been honored
with the Medal of Honor are often called upon to attend many civic
events and ceremonies all over the country because of their receipt of
the Medal of Honor. In order to assure that the cost of any such
participation does not adversely impact the finances of these
recipients of he Medal of Honor, the bill increases the amount of the
special pension which they receive from $400 per month to $600.
life insurance accelerated death benefit
Terminally ill veterans often suffer from severe financial hardship.
In order to relieve this hardship, the bill allows terminally ill
veterans with a life expectancy of less than 12 months to obtain up to
50% of the value of their veterans' life insurance policy as an
accelerated death benefit. In order to assure that the funds received
will be available to the terminally ill veteran; accelerated death
benefits will be exempt from income and resources for purposes of all
Federal and federally assisted programs and for all other purposes.
Thank you Mr. Speaker, I urge my colleagues to support H.R. 4110, as
amended. For the benefit of all Members, I have attached a summary of
the provisions of H.R. 4110, as amended.
Summary of H.R. 4110, as Amended
H.R. 4110, as amended, would:
title i--provisions relating to veterans of persian gulf war and future
conflicts
1. Provide for the National Academy of Sciences (NAS) to
review and evaluate the available scientific evidence and
determine whether there is scientific evidence of an
association between illnesses experienced by Gulf War
veterans and service in--or one or more agents, hazards, or
medicines in--the Persian Gulf War. NAS would report its
findings and recommendations to the Secretary of Veterans
Affairs, who would be required to evaluate the report and
provide recommendations to Congress as to whether such
scientific evidence would warrant a presumption of service
connection. NAS would provide periodic reports as well as
recommendations for additional scientific studies.
2. Establish authority for VA to provide priority health
care to treat illnesses that may be attributable to a
veteran's service in combat during any period of war after
the Persian Gulf War or during any other future period of
hostilities (notwithstanding that there is insufficient
medical evidence to conclude that such illnesses are
attributable to such service). Treatment would be available
under this special authority for a period of two years after
such veteran's discharge from service. VA would be required
to track the health status and health care utilization
[[Page H10392]]
patterns of veterans who receive care under this priority.
3. Extend VA's special authority to provide care to Persian
Gulf veterans through December 31, 2001.
4. Require VA to enter into an agreement with the National
Academy of Sciences or another appropriate independent
organization to assist in developing a plan for the
establishment of a national center for the study of war-
related illnesses and post-deployment health issues.
5. Require VA to establish a public advisory committee (to
include veterans of the Persian Gulf War) to provide advice
to the Secretaries of Veterans Affairs, Health and Human
Services, and Defense on proposed research studies, research
plans, or research strategies relating to the health of
Persian Gulf veterans.
6. Require Departments of Veterans Affairs, Health and
Human Services, and Defense to report to Congress by March 1
of each year the status and results of such research
activities, along with the list of research priorities for
the upcoming year.
7. Require public availability through the World Wide Web
and elsewhere of the findings of all Persian Gulf research
conducted by or for the Government.
8. Require VA to enter into an agreement with the National
Academy of Sciences to determine whether there is a
methodology by which VA could determine the efficacy of
treatments provided to Persian Gulf War veterans for
illnesses which may be associated with their Persian Gulf War
service. VA is to develop a mechanism, if scientifically
feasible and reasonable, to monitor and study the
effectiveness of such treatments and health outcomes.
9. Require VA and DoD to enter into an agreement with the
National Academy of Sciences to (a) develop a curriculum (to
take account of new research findings relating to care of
veterans with illnesses that may be associated with Persian
Gulf War services) for use in continuing education of VA and
DoD physicians.
10. Extend VA's authority to evaluate the health status of
spouses and children of Persian Gulf War veterans through
December 31, 1999, and to provide such examinations through
VA facilities, or under its fee-basis or other contract
arrangements.
TITLE II--EDUCATION AND EMPLOYMENT
Education matters
1. Change the way VA calculates the reporting fee paid to
educational institutions that enroll veterans. Once a year,
VA pays educational institutions a ``reporting fee'' to
cover, in part, costs associated with the reports the
institutions must submit on enrolled veterans. This provision
would base the reporting fee on the number of veterans who
enroll in a school during the entire year rather than the
current method of reporting the number of veterans enrolled
on October 31 of the year.
2. Make optional, rather than mandatory, an advance payment
of 40 percent of the amount which a veteran-student under
VA's work-study program is eligible to receive for their
veteran-related work in VA regional offices, educational
institutions, or at DOD or National Guard facilities. Current
law requires the advanced payment.
3. Allow servicemembers to use college-granted credit hours
for life experiences as a means of meeting eligibility
requirements for their Montgomery GI Bill benefits.
4. Allow a veteran-student in flight training to continue
to receive VA educational assistance if the veteran has
inadvertently failed to maintain the required flight
certificate.
5. Waive the wage increase and minimum salary requirements
for on the job training programs provided by State and local
governments.
6. Require the VA and military service branches to expand
outreach services concerning VA education program
requirements to members of the armed services.
7. Require the VA and military service branches to ensure
separating servicemembers are well informed of the
eligibility requirements for their education benefits.
Employment matters
1. Clarify the enforcement of veterans' employment and
reemployment rights with respect to a State (as an employer),
under the Uniformed Service Employment and Reemployment
Rights Act.
2. Extend veterans' employment and reemployment rights to
former members of the uniformed services employed overseas by
United States companies.
3. Clarify Federal employee enforcement of employment and
reemployment rights.
TITLE III--COMPENSATION, PENSION AND INSURANCE
1. Increase the special pension provided to persons entered
and recorded on the Army, Navy, Air force, and Coast Guard
Medal of Honor Roll from $400 to $600 per month.
2. Provide for the payment of accelerated death benefits to
terminally ill persons under the Servicemembers' Group Life
Insurance and Veterans' Group Life Insurance policies.
3. Direct VA to provide to Congress an assessment of the
effectiveness and adequacy of insurance and benefits programs
for the survivors of veterans with service-connected
disabilities.
4. Authorize the VA to issue dividends to the holders of
World War II-era National Service Life Insurance (NSLI)
series ``H'' policies. All other NSLI policies issue
dividends.
TITLE IV--MEMORIAL AFFAIRS
1. Authorize VA to furnish a memorial marker for certain
members of the armed forces and spouses whose remains are
unavailable for interment.
2. Extend eligibility for burial in National Cemeteries and
funeral benefits to veterans of the merchant Marine who
served from August 16, 1945 to December 31, 1946.
3. Redesignate the National Cemetery System (NCS) as the
National Cemetery Administration, elevating NCS to the same
organizational status within VA as the Veterans Health
Administration and the Veterans Benefits Administration. In
addition, this provision would redesignate the Director of
the National Cemetery System as the Under Secretary for
Memorial Affairs.
4. Modify the existing State Cemetery Grants Program to
authorize VA to pay up to 100 percent of the cost of
constructing and equipping state veterans' cemeteries.
TITLE V--COURT OF VETERANS APPEALS
1. Allow a sitting judge at the Court of Veterans Appeals
nominated for a second term to remain on the bench for up to
one year while awaiting Senate confirmation.
2. Exempt the Court's retirement fund from sequestration
orders.
3. Provide the same adjustments for annuities to the
survivors of deceased Court of Veterans Appeals judges as
those received by Judiciary Survivors' Annuities Fund
annuitants.
4. Direct the Court to submit a report on the feasibility
of merging the retirement and survivor annuity plans with
other federal court retirement and survivor annuity programs.
5. Rename the Court of Veterans Appeals the United States
Court of Appeals for Veterans Claims.
TITLE VI--HOUSING
1. Authorize the Secretary of Veterans Affairs to guarantee
loans to provide multifamily transitional housing for
homeless veterans.
2. Require the Secretary to provide in the budget a simple,
concise, and readily understandable statement that summarizes
the financial activity of each of the housing programs
operated under the Loan Guaranty Revolving Fund and the
Guaranty and Indemnity Fund.
3. Extend the VA's authority to guarantee home loans for
members of the National Guard and Reserve components to
September 30, 2003. The current program expires in 1999.
4. Require the Department of Veterans Affairs to comply
with the requirements of the Competition in Contracting Act
and the Federal Acquisition Regulations for any contract for
services or supplies for properties acquired under the VA
housing program.
TITLE VII--CONSTRUCTION AND FACILITIES MATTERS
1. Authorize appropriations for fiscal year 1999 and 2000
in the amount of $241.1 million for the Construction, Major
Projects account and $8.5 million for the Medical Care
account for major medical leases.
2. Authorize the following major medical facility projects:
Alterations and demolition at the Long Beach VA Medical
Center ($23.2 million);
Construction and seismic work at the San Juan VA Medical
Center ($50 million);
Outpatient clinic expansion at the Washington, DC VA
Medical Center ($28.7 million);
Construction of a psychogeriatric care building and
demolition of a seismically unsafe building at the Palo Alto
VA Medical Center ($22.4 million);
Construction of an ambulatory care addition and renovations
for ambulatory care at the Cleveland (Wade Park) VA Medical
Center ($28.3 million, of which $7.5 million would come from
previously appropriated funds);
Construction of an ambulatory care addition at the Tucson
VA Medical Center ($35 million);
Construction of a psychiatric care addition at the Dulles
VA Medical Center ($24.2 million);
Outpatient clinic projects at Auburn and Merced, California
($3 million from previously appropriated funds);
Renovations to a nursing home care unit at the Lebanon VA
Medical Center ($9.5 million);
Construction of a spinal cord injury center at the Tampa VA
Medical Center ($46.3 million, of which $20 million would
come from previously appropriated funds);
Construction of a parking structure at the Denver VA
Medical Center ($13 million, of which $11.9 million would
come from previously appropriated funds in the Parking
Revolving Fund).
3. Authorize the following major medical facility leases:
Satellite outpatient clinic in Baton Rouge, Louisiana ($1.8
million)
Satellite outpatient clinic in Daytona Beach, Florida ($2.6
million)
Satellite outpatient clinic in Oakland Park, Florida ($4.1
million)
4. Increase the threshold for treatment of a medical
facility lease as a major medical facility lease (which
requires congressional authorization) from $300,000 to
$600,000.
5. Increase the threshold for treatment of a parking
facility project as a major medical facility project (which
requires congressional authorization) from $3 million to $4
million.
6. Prohibit VA from establishing or collecting parking fees
at any parking facility associated with the Spark M.
Matsunaga VA
[[Page H10393]]
Medical Center and Regional Office in Honolulu, Hawaii.
7. Require VA to submit a report to Congress by September
15, 1999 on the Department's use of its authority to charge
parking fees at VA medical facilities, to include the results
of a survey on the availability of VA-provided employee-
parking, an analysis of ways to provide cost-effective
parking programs, and recommendations on whether and how to
amend current law pertaining to parking fees.
8. Require VA to submit a report to Congress on a master
plan relating to Department lands at the West Los Angeles VA
Medical Center.
9. Designate the Aspinwall, PA VA Medical Center as the
``H. John Heinz III Department of Veterans Affairs Medical
Center''.
10. Designate the Gainesville, FL VA Medical Center as the
``Malcolm Randall Department of Veterans Affairs Medical
Center''.
11. Designate the Columbus, OH VA Outpatient Clinic as the
``Chalmers P. Wylie Veterans Outpatient Clinic''.
title viii--health professionals educational assistance
Scholarship program
1. Authorize VA to carry out an employee-incentive
scholarship program through December 31, 2001, to assist in
meeting the staffing needs for health professional positions
for which it is difficult to recruit or retain qualified
personnel.
2. Specify that to be eligible, individuals must have been
a full-time or part-time Department employee for at least two
years and have an exceptional employment record.
3. Require that scholarships awarded under the program
would cover payment of tuition and other educational expenses
of up to $10,000 per year for a full-time student
participant.
4. Specify that participants who do not finish the agreed
upon course of study are liable for damages.
Education debt reduction program
1. Authorize the VA to carry out an education debt
reduction program through December 31, 2001, to assist in the
recruitment of health care professionals for positions that
are difficult to recruit and retain.
2. Specify that to be eligible, an individual must be a
recently-hired VHA employee (less than six months) serving in
a position for which recruitment or retention is difficult
and still indebted for education or training in that
position.
3. Limit assistance to $6,000 for the first year of
participation in the program; $8,000 for the second year; and
$10,000 for the third.
title ix--miscellaneous medical care and medical administration
provisions
1. Authorize VA to provide priority health care for the
treatment of cancer of the head or neck to veterans who can
document nasopharyngeal radium irradiation treatment in
service. It also would authorize such treatment to any
veteran who served as an aviator in the service before the
end of the Korean conflict or underwent submarine training in
active naval service before January 1, 1965.
2. Extend VA's authority to counsel and treat veterans for
sexual trauma through December 31, 2001.
3. Require VHA to develop and apply job-performance
standards to VA network directors and any other officials
responsible for the allocation and management of resources
relating to the requirement to maintain special disability
programs.
4. Provide ongoing authority to use pension funds above the
$90 monthly limit for certain veterans receiving nursing home
care for operating expenses of VA medical facilities.
5. Require the VA to submit a report to Congress by
February 1, 1999 and February 1, 2000 assessing the current
system of locality-based pay for nurses.
6. Require the VA to provide an annual report to Congress
on the Department's activities relating to its preparation
for and participation in a domestic medical response to an
attack involving weapons of mass destruction.
7. Permit the interim appointment of the Under Secretary
for Health for service until July 1, 1999.
TITLE X--OTHER MATTERS
1. Require that, except as specified in law, a facility,
structure, or property (or major part of any facility,
structure or property) of the Department be named for the
geographic area where it is located.
2. Provide reversion rights to attorney positions at the
Board of Veterans' Appeals for civil service attorneys who
are members of the Board of Veterans' Appeals and whose
appointments to the Board are terminated.
3. Afford the Board of Veterans' Appeals flexibility in
scheduling hearings, and in considering and deciding appeals,
so that unintended delays may be avoided. BVA would be
authorized to postpone consideration and disposition of a
pending appeal in order to afford the appellant a hearing.
BVA would also be authorized to schedule travel board
hearings on the basis of the pending appeals' relative places
on the BVA docket rather than on the basis of the order in
which requests for a hearing were received.
4. Change the formula used by the Veterans Employment and
Training Service to determine the number of Disabled Veterans
Outreach Program Specialists (DVOPS) to reflect the working-
age veteran population in each state.
TITLE XI--COST-OF-LIVING ADJUSTMENT
Increase, effective as of December 1, 1998, the rates of
compensation for veterans with service-connected disabilities
and the rates of dependency and indemnity compensation for
survivors of certain disabled veterans.
Mr. Speaker, I reserve the balance of my time.
{time} 1230
Mr. STUMP. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Florida (Mr. Stearns), the chairman of our Subcommittee on Health of
the Committee on Veterans' Affairs.
(Mr. STEARNS asked and was given permission to revise and extend his
remarks.)
Mr. STEARNS. Mr. Speaker, I rise in strong support of H.R. 4110, and
I am also proud to be one of its key sponsors. As chairman of the
Subcommittee on Health, we have had many hearings on this, and I think
it goes without saying there is many people on this House floor, on
both sides of the aisle, that have done much to make this bill
possible, particularly, of course, the chairman, the gentleman from
Arizona (Mr. Stump), and the ranking member, the gentleman from
Illinois (Mr. Lane Evans).
I particularly want to thank our dedicated Chairman Bob Stump for his
leadership and work on behalf of veterans. I want to thank and
acknowledge Lane Evans, the Ranking Member of the full committee; Luis
Gutierrez, the Ranking on the Health Subcommittee; and Joe Kennedy for
their hard work on this measure. I also want to thank Chris Shays for
all his work on the Persian Gulf issue, which contributed to the bill
we bring to the floor today.
This legislation advances the extensive work this committee and the
Congress have done over the years on behalf of Persian Gulf veterans.
Its enactment will help ensure that these veterans receive services and
benefits to which they are entitled.
The legislation is also forward-looking. It aims to apply the lessons
of the Persian Gulf experience so as to avoid the problem of future
combat for veterans. It has become clear, for example, that early
treatment is important in overcoming health problems that may be linked
to war-time service. This bill will authorize the VA, in advance, to
treat veterans of future combat situations for any illnesses that
develop within 2 years after service. Our long study of the Persian
Gulf experience and of prior conflicts underscores that we have much to
learn about the effects of war-time service generally.
Significantly, Mr. Speaker, this bill provides a mechanism for the
establishment of a national center for the study of war-related
illnesses to carry out and to foster education and improved clinical
care. The bill will also extend to VA special authority to treat
Persian Gulf War veterans, and it contains important provisions to
improve VA's service delivery to those Veterans and to improve the
research efforts regarding these illnesses.
Mr. Speaker, millions of veterans depend upon the VA health care
system. Accordingly, this bill would also address ongoing needs of this
system, ranging from assuring adequate health care staffing to
improving its infrastructure. As its title indicates, this legislation
is truly aimed at improving veterans' programs.
Mr. Speaker, I urge the Members to support it. The House has passed
this bill twice, Mr. Speaker. If it goes to the Senate, it includes a
COLA bill. It is absolutely mandatory the Senate move this to the
President.
Mr. Speaker, I rise in support of H.R. 4110, as amended. Many of the
key provisions of this truly important legislation originated in the
Veterans Affairs Subcommittee on Health, which I chair. So I
particularly welcome the House action today and urge members to support
this measure.
This legislation advances the extensive work this Committee and the
Congress have done over the years on behalf of Persian Gulf veterans.
Its enactment will help ensure that these veterans receive services and
benefits to which they are entitled. At the same time this legislation
is forward-looking in aiming to apply lessons of the Persian Gulf
experience so as to avoid problems for veterans of future combat.
In studying the lessons of the Persian Gulf experience, it became
clear to us that early treatment is important in overcoming health
problems that may be linked to wartime service. Several years after the
end of hostilities, Congress created special treatment authorities for
Vietnam veterans and for Persian Gulf veterans (tied to presumed
exposures to toxic substances). In hindsight, it would have been
[[Page H10394]]
helpful for veterans of those conflicts if such legislation had been in
place much earlier, before some of their acute health problems became
chronic. This bill would build on this experience and authorize VA, in
advance, to treat veterans of future combat situations for illnesses
which first manifest themselves within two years after service. Under
this legislation, such veterans would be eligible for VA care,
regardless of whether their illnesses have been adjudicated as service-
connected. While the other body was unwilling to agree to the duration
of treatment authority provided for in the House-passed bill, this is a
most important provision.
Our long study of the Persian Gulf experience and of prior conflicts
underscores that we have much to learn about the effects of wartime
service. Significantly, this bill should help advance our
understanding. To that end, it provides a mechanism for the
establishment of a national center for the study of war-related
illnesses to carry out and foster research, education, and improved
clinical care of such illnesses, as proposed in House-passed H.R. 3980.
The bill also contains important provisions I authorized to extend VA's
special authority to treat Persian Gulf War veterans, and to improve VA
service-delivery to those veterans.
The bill asks much of the Department of Veterans Affairs, but it also
provides for VA to tap independent scientific expertise in carrying out
its new responsibilities on behalf of Persian Gulf veterans. Congress
has long looked to the Institute of Medicine of the National Academy of
Sciences to carry out that role. For years, the Institute has done
important work on veterans issues, from exhaustive reviews into the
health effects of herbicides used in Vietnam, to ongoing analysis of
the health consequences of service during the Persian Gulf War. The
complexity and controversy associated with Persian Gulf War illnesses
highlights the importance of bringing independent expertise and
judgment to our questions. Under this legislation, the Institute would
provide advice and recommendations to guide virtually every aspect of
major decision-making associated with resolving the remaining problems
and questions relating to the health consequences of veterans' service
in this war, from compensation questions to identifying methods of
improving the care provided these veterans.
As its title indicates, this legislation is truly aimed at improving
veterans programs. This will be quite evident in the area of VA health
programs--the focus of my subcommittee. For example, the measure we
bring to the floor would:
Establish authority for VA to provide priority health care to treat
illnesses that may be attributable to a veteran's service in combat
during any period of war after the Vietnam War or during any other
future period of hostilities (notwithstanding that there is
insufficient medical evidence to conclude that such illnesses are
attributable to such service). Treatment would be available under this
special authority for a period of two years after such veteran's
discharge from service. VA would be required to track the health status
and health care utilization patterns of veterans who receive care under
this priority and would report to Congress on the first eighteen
months' use of that authority and on any recommendations to extend it;
Extend VA's special authority to provide care to Persian Gulf veterans
through December 31, 2001.
Require VA to enter into an agreement with the National Academy of
Sciences or other appropriate independent organization to assist in
developing a plan for the establishment of a national center for the
study of war-related illnesses and post-deployment health issues.
Several other provisions of the bill also call for contracting with
the National Academy to assist in carrying out Government
responsibilities relating to the health consequences of service in the
Persian Gulf War. While the bill reflects the esteem in which the
Academy is held, it is not our intention to require duplication of
effort or to impose undue financial burdens on the Department. The bill
is not intended, for example, to require VA to renegotiate contracts
which have already been executed and which would otherwise carry out
the requirements of the bill. Nor does the existence of multiple
specific requirements (for VA, or VA and Department of Defense, to
contract with NAS) in title I necessarily constitute a requirement that
separate contracts involving separate NAS scientific panels must be
executed to carry out each provision. Where, for example, the
scientific expertise required to address a particular requirement set
forth in one section of the bill would in whole or in part serve to
address a requirement set forth in a different section, it would be
altogether appropriate to execute a single contract under which NAS
could use a single scientific panel to carry out these requirements.
More specifically, the bill includes requirements that:
VA (a) enter into an agreement with the National Academy of Sciences
to determine whether there is a methodology by which VA could determine
the efficacy of treatments provided Persian Gulf War veterans for
illnesses which may be associated with their Persian Gulf War service
and (b) develop a mechanism, if scientifically feasible and reasonable,
to monitor and study the effectiveness of such treatment and health
outcomes; and that VA and Department of Defense enter an agreement with
the National Academy to (a) develop a curriculum (to take account of
new research findings relating to care of veterans with illnesses that
may be associated with Persian Gulf War services) for use in continuing
education of VA and Department of Defense physicians, and (b)
periodically review and provide recommendations regarding the
Departments' research plans relating to Persian Gulf illnesses.
In further addressing concerns surrounding the health consequences of
Persian Gulf service, the bill would: require VA to establish a public
advisory committee (to include veterans of the Persian Gulf War) to
provide advice to the Secretaries of Veterans Affairs, Health and Human
Services, and Defense on proposed research studies, research plans, or
research strategies relating to the health of Persian Gulf veterans;
require the pertinent Executive branch departments to expand their
annual reporting on the status and results of Persian Gulf research
activities, to include their research priorities for the upcoming year,
and to better coordinate their outreach activities; require publication
of all Government-conducted or -funded Persian Gulf research findings
through the World Wide Web and elsewhere; extend VA's authority to
evaluate the health status of spouses and children of Persian Gulf War
veterans through December 31, 1999, and to provide for such
examinations through VA facilities, as appropriate and under contract,
including through its fee basis program.
The measure reflects a recognition that although the VA health care
system is changing, Congress must address itself to ongoing needs,
ranging from infrastructure to system-management to health-care
staffing. Accordingly, among its provisions, the bill provides for
continuity in leadership of the Veterans Health Administration by
authorizing the interim appointment to the position of Under Secretary
for Health of the former incumbent, the very able Dr. Kenneth Kizer.
The measure also provides mechanisms to help attract and retain
health-care professionals in positions where VA has experienced
difficulties in recruiting or retaining qualified staff. Particularly
noteworthy is a new education-debt reduction authority. The bill would
also add to title 38 provisions modeled on VA's so-called ``grow-your-
own'' employee-scholarship program, to provide an incentive to
outstanding current employees to pursue advanced education or training
for positions for which VA or a particular VA medical facility has
recruitment and retention needs. The legislation also requires the
establishment and use of specific accountability measures applicable to
VA network directors in the exercise of responsibilities associated
with network management and resource allocation as they relate to VA
programs dedicated to the specialized treatment and rehabilitative
needs of disabled veterans.
This legislation would also authorize major medical construction
projects for funding in this or the following fiscal year. Finally, the
bill addresses a unique problem relating to employee pay-parking at a
facility in Hawaii, but in no way retreats from or alters the otherwise
applicable requirements of section 8109 of title 38, United States
Code.
Mr. EVANS. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Filner).
(Mr. FILNER asked and was given permission to revise and extend his
remarks.).
Mr. FILNER. Mr. Speaker, I thank the gentleman for yielding me this
time, and I also rise in strong support of H.R. 4110, the Veterans'
Program Enhancement Act of 1998. I think this is a measure which is the
result of bipartisan and bicameral cooperative efforts on behalf of our
Nation's veterans.
Of particular importance to our Gulf War veterans are provisions from
the bills introduced in the House by the gentleman from Florida (Mr.
Stearns) and by our ranking member, the gentleman from Illinois (Mr.
Lane Evans), and in the Senate by Senator Rockefeller.
While we have to go further in the next Congress, these provisions
will provide an independent third-party review by the National Academy
of Sciences concerning the exposure to toxic substances present in the
gulf theater and the prevalence of illnesses experienced by our gulf
veterans; it will extend eligibility for health care for Persian Gulf
Veterans until December 31, 2001; and it makes a number of changes to
improve the health care offered to Gulf War veterans. All of these
[[Page H10395]]
measures should be of assistance to those who have served during the
Gulf War.
There are other very helpful provisions for all our veterans in terms
of education, employment, insurance, housing and burial programs. This
is an excellent bill, and I urge my colleagues to support it.
Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. LaHood), a member of the committee.
(Mr. LaHOOD asked and was given permission to revise and extend his
remarks.)
Mr. LaHOOD. Mr. Speaker, I rise to address the issue of naming VA
facilities. This has been a very frustrating problem for me and my
constituents, particularly in Springfield, Illinois.
On April 8 of this year, VA's Secretary Togo West issued a press
release naming the cemetery-in-progress near Joliet, Illinois the
``Abraham Lincoln National Cemetery.'' In my opinion, Mr. West's office
moved unilaterally without any congressional or Committee on Veterans'
Affairs input whatsoever, disregarding VA's own policy on naming
facilities. Many of my colleagues from down-State Illinois were
completely unaware of this.
Congress has well-established procedures for naming facilities of all
kinds in honor of individuals. The VA chose to step outside its legal
authority, ignoring procedures and precedent. VA's own policy clearly
states that the naming of VA facilities in honor of individuals can be
done only by congressional mandate.
This situation has me very concerned about the VA's apparent lack of
regard for procedures. I am pleased that this legislation we are
considering today provides a solution. The VA will no longer be able to
sidestep proper procedures in naming facilities. Congress' authority to
naming facilities in honor of individuals will be codified and,
hopefully, no more confusion will exist.
Springfield, Illinois, is the home of Abraham Lincoln. He represented
that city in Congress and was buried after his assassination in
Springfield. Naming a cemetery in northern Illinois will lead to much
confusion. In an effort to smooth over this mistake, the VA promised,
and Togo West personally promised me, that they would try to avoid the
confusion by printing statements in their brochures that Abraham
Lincoln is not buried at the cemetery in Joliet, and by placing signs
along the interstate highways specifically saying that Abraham Lincoln
is not buried at that cemetery. I hope the VA will maintain the
commitment that they have made to all the citizens of Illinois.
Mr. Speaker, I thank the chairman so much and the ranking member for
their support in my effort.
Mr. EVANS. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Farr).
(Mr. FARR of California asked and was given permission to revise and
extend his remarks, and to include extraneous material.)
Mr. FARR of California. Mr. Speaker, I thank both the chairman and
the ranking member for all their hard work that brought this to the
floor today. I appreciate particularly being able to work on section
404 of the bill, which expands the State Cemetery Grants Program.
The need for additional cemeteries to serve our Nation's veterans is
of critical importance to veterans of the California central coast. Not
many people know that only two of California's six national veterans
cemeteries are open for burials and cremations. Only two in the most
populace state in the union.
In my district we have over 40,000 veterans. We have a base closure,
we have excess land, and we want to create a State-operated national
veterans cemetery on the 156-acre portion of Fort Ord's army facility.
When the President signs this bill into law, the State cemetery Grants
Program will pay for 100 percent of the cost of the cemetery
construction.
While the State legislature will have to designate a cemetery at Fort
Ord, passage of this bill brings the central coast's veterans and all
veterans of California one step closer to realizing their dream for a
new cemetery at Fort Ord.
Mr. Speaker, I submit for the Record a newspaper article regarding my
comments on this subject.
Veterans Carry on Campaign for Fort Ord Cemetery
(By Larry Parsons)
Central Coast veterans won't let a veto by Gov. Pete Wilson
stop their drive for a veterans' cemetery at Fort Ord.
``We are going to figure out something,'' said retired Army
Sgt. 1st Class Mark Giblin of Seaside. ``I'm not giving up on
it.''
For the past three years, Giblin has helped lead a push by
Central Coast veterans' groups to persuade the state to
develop a veterans' cemetery on 156 acres on Artillery Hill
at Fort Ord.
But the campaign was dealt a setback last week when Gov.
Pete Wilson vetoed a bill by state Sen. Bruce McPherson, R-
Santa Cruz, that would have required the state to take a
$20,000 look at the feasibility of a Fort Ord cemetery.
``(McPherson) was surprised and disappointed'' by the
governor's veto, said the senator's spokeswoman, Tricia
Meade. ``He worked on it so hard. The vets want it, and the
land is available.''
Giblin said he wasn't surprised by the governor's
opposition. An amendment tacked onto the measure in a Senate
committee that expanded its scope from just the Fort Ord
proposal to a $100,000 statewide study on veterans'
cemeteries probably sealed its fate, he said.
``I feel our only next step is to wait until after the
(November) elections and resubmit it,'' he said.
In his veto message, Wilson said the legislation would have
inappropriately given counties the power to force the
California Department of Veteran Affairs to perform costly
cemetery feasibility studies.
``These studies would require the department to redirect
budgeted resources from other activities critical to the
successful administration of veterans affairs programs,''
Wilson wrote.
The governor also said the bill was unnecessary because
California already has looked into state-run veterans'
cemeteries. Traditionally, the federal government has paid
for veterans' cemeteries.
Area veterans say a local veterans' cemetery is sorely
needed because an estimated 40,000 veterans live in Monterey
County alone, and a total of 330,000 vets live in a six-
county region within 75 miles of Fort Ord.
The nearest veterans' cemetery to the Central Coast is a
federal one located near Los Banos in Merced County. That's
too far away for many survivors to travel, and it's not
convenient to public transportation, Giblin said.
A bill pending in Congress could improve prospects for
getting the state to support the idea of a Fort Ord veterans'
cemetery, Giblin said. The bill would provide 100 percent
funding for start-up costs of state veterans' cemeteries, he
said. Now, the federal government only pays up to 50 percent
of the initial costs.
``If we can get the 100-percent bill through . . . the
problem is how to fund the cemetery's ongoing operations,''
Giblin said. ``That's going to be a major question.''
Mr. EVANS. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, let me thank the ranking
member, the gentleman from Illinois (Mr. Evans). This is a tribute to a
bipartisan, bicameral effort to help our veterans.
Mr. Speaker, I represent the Veterans Hospital in my community and,
therefore, I see a lot of veterans. I see a lot of hospitalized
veterans. I had the pleasure of going to the Veterans Hospital and not
giving the Purple Heart to one who was hospitalized, but one who was a
past recipient of a terrible, terrible oppression as a veteran of World
War II, someone who was part of the Japanese death march, Mr. Arville
Steele. So I know how important this is to those who have served in our
military.
This is a good bill. This responds to the claims and the accusations
that the Veterans Department was not responsive to those who were
impacted by the Persian Gulf War. This is a good bill that allows for
treatment of these individuals for at least a 2-year period and studies
the impact of anything that might have happened to them as a result of
the Persian Gulf War. This is a recognition of their service.
I am so grateful to all of the committee members and I believe this
is a good bill that should pass.
Mr. Speaker, I rise in support of H.R. 4110, the Veterans Benefits
Improvements Act of 1998. I am pleased that in the final days of this
Congress, this body has decided to address the deserving Veterans of
this Nation.
The bill contains two key provisions. First, it addresses the
unrecognized and suffering Persian Gulf veterans. This bill provides
for the National Academy of Sciences to review and evaluate the
available scientific evidence. It also determines whether there is
scientific evidence of an association between illnesses experienced by
Gulf War veterans.
We need to let America's troops know that, we will do everything in
our power to protect their health and that of their families. This bill
[[Page H10396]]
gives the VA the authority to provide priority health care to treat
illnesses that may be attributable to a veteran's service in combat
during the Persian Gulf War.
Second, this bill provides a Cost of Living Adjustment. Mr. Speaker,
our veterans made significant sacrifices to this Nation during times of
trouble. We owe it to our Veterans to ensure their continued economic
stability. This bill will increase the rate of compensation for
veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of certain disabled
veterans.
From World War I to the Gulf War veterans were the best and the
brightest that our Nation had to offer from each generation, therefore,
we should in turn offer the best to our Nation's veterans.
Mr. Speaker, this bill expresses our gratitude to our Nation's
veterans. They served this Nation without hesitation or reservation and
it is now time for us to ensure their future security without
hesitation or reservation.
On behalf of the Veterans who reside in the 18th Congressional
District, of Houston, and the 1,646,700 veterans in the State of Texas,
I would like to encourage my colleagues support for this important
bill.
Mr. EVANS. Mr. Speaker, I yield 1 minute to the gentleman from
Vermont (Mr. Sanders).
Mr. SANDERS. Mr. Speaker, I thank the gentleman for yielding me this
time, and I yield 30 seconds to the gentleman from Connecticut (Mr.
Shays).
{time} 1240
Mr. SHAYS. Mr. Speaker, I thank the gentleman from Vermont (Mr.
Sanders) for yielding.
Mr. Speaker, I rise in opposition to one part of this bill, and that
is that we are not addressing Gulf War illnesses.
Mr. Speaker, I ask unanimous consent that we could have more time to
debate this bill. I ask unanimous consent that we have 10 minutes more
on each side.
The SPEAKER pro tempore (Mr. Calvert). Is there objection to the
request of the gentleman from Connecticut?
Mr. STUMP. Mr. Speaker, reserving the right to object, I would say,
in all due respect to the gentleman from Connecticut (Mr. Shays) that
we made an agreement with the floor leader and the majority to expedite
the passage of this bill so that we were assured of getting a vote to
get it back in the Senate so they may take some action.
We have worked for days and days trying to strike a compromise with
the Senate, and I will tell the gentleman that this was the very best
we could come up with. I agree with him on some parts of the Persian
Gulf war and I disagree with some, but we got every inch we could get.
Mr. Speaker, I object.
The SPEAKER pro tempore. Objection is heard.
Mr. SHAYS. Mr. Speaker, we need to properly diagnose, properly
compensate.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SHAYS. Mr. Speaker, when I make a unanimous consent, is that
counted as part of my 30 seconds?
The SPEAKER pro tempore. No.
Mr. SHAYS. Mr. Speaker, I respectfully request that I be told how
much time I have remaining.
The SPEAKER pro tempore. The gentleman from Connecticut has 10
seconds remaining.
Mr. SHAYS. Mr. Speaker, we are willing to give $315 million to
chickens for the majority leader of the Senate, and we are not willing
to provide help to our Gulf War veterans who need the presumption of
illness.
Mr. SANDERS. Mr. Speaker, the war has been over for 7 years. The
gentleman from Connecticut (Mr. Shays) and I and other people have
attended numerous hearings. We have reached conclusions. Tens of
thousands of veterans are ill from Gulf War illness, and they are ill
as a result of exposure to a wide variety of toxins. They need to be
treated.
We should presume that if illness strikes them, the reason is that
they suffered from exposure in the Gulf War and they should be
compensated accordingly. This bill goes a little way and only a little
way to addressing those problems.
Mr. EVANS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. STUMP. Mr. Speaker, how much time do I have time remaining?
The SPEAKER pro tempore. The gentleman from Arizona has 1 minute
remaining.
Mr. STUMP. Mr. Speaker, I yield 15 seconds to the gentleman from
California (Mr. Cunningham).
(Mr. CUNNINGHAM asked and was given permission to revise and extend
his remarks.)
Mr. CUNNINGHAM. Mr. Speaker, I do not disagree with my friend, the
gentleman from Vermont (Mr. Sanders) on Gulf War syndrome. Also FEHBP,
we need to work on that for our veterans, as well, next year.
I would say that this has been crafted in a very narrow way. It is a
good bill and I rise in support of it.
Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to express my appreciation to the Committee on
Veterans' Affairs of the other body, especially Chairman Specter and
Senator Rockefeller, for reaching agreements on these provisions.
I might say that Senator Rockefeller introduced a bill that the
gentleman from Connecticut (Mr. Shays) has referred to, and he sat in
and agreed to the provision that we agreed to put in this bill.
I would also like to thank all the members of the Committee on
Veterans' Affairs for all their hard work. I want to tell the ranking
Democratic member of the committee, the gentleman from Illinois (Mr.
Evans), that his work and cooperation on these issues, as well as the
day-to-day operations of the committee, have been truly appreciated.
The gentleman from Illinois (Mr. Evans) has steadfastly adhered to the
tradition of bipartisanship in this committee and he should be
commended by all veterans for doing so.
I would like to thank every member of the majority and minority staff
for all the work they have done.
Mr. WELLER. Mr. Speaker, today the House is considering H. Res. 592,
the Veterans Programs Enhancement Act. This legislation changes the
procedure for the naming of national cemeteries. Earlier this year, I
was dismayed to learn that one of my colleagues from Illinois had
inserted a provision into another bill, H.R. 3603, which would have
created new naming procedure and make it retroactive to January 1,
1998. Had this provision been signed into law, it would have
essentially erased the decision of Secretary Togo West to name the new
cemetery near Joliet the ``Abraham Lincoln National Cemetery.'' This
bill today contains a similar provision--fortunately it is not
retroactive and will not affect the name of the Abraham Lincoln
Cemetery.
I believe it is only appropriate that the founder of our national
veterans cemetery system, Abraham Lincoln, is honored in the Land of
Lincoln, by naming this cemetery for him. This name has been endorsed
by the Illinois American Legion, the Illinois Veterans of Foreign Wars,
the Illinois American Ex-Prisoners of War, the Illinois Disabled
American Veterans and the Illinois Amvets. I am pleased at all of the
support for naming this cemetery after one of our greatest Presidents.
For the Record, I am attaching copies of their endorsement letters,
along with an editorial by the Chicago Tribune, and other pertinent
information.
I will continue to work for the Abraham Lincoln National Cemetery and
the veterans who sacrificed for our nation.
Department of Illinois,
Disabled American Veterans,
Oak Park, IL, October 28, 1997.
Hon. Jerry Weller,
House of Representatives, Washington, DC.
Dear Congressman Weller: The Department of Illinois,
Disabled American Veterans, strongly supports the
introduction of legislation naming the new Veterans Cemetery
at the former Joliet Arsenal the ``Abraham Lincoln National
Cemetery.''
Mr. Lincoln, as we all know, was instrumental in
establishing the first National Cemetery and it is only
befitting that he receives the honor of having a National
Cemetery named after him.
We certainly appreciate your introducing this most
important legislation in the House of Representatives because
now the veterans and their families in this Midwest region
will have a place to rest which they truly deserve and are
entitled to.
Sincerely,
George M. Isdale, Jr.,
Department Adjutant.
Ted Buck,
Department Commander.
____
Veterans of Foreign Wars
of the United States, Department of Illinois,
Spingfield, IL, May 21, 1997.
Hon. Jerry Weller,
House of Representatives, Washington, DC.
Dear Congressman Weller: The Department of Illinois,
Veterans of Foreign Wars, takes great pride in supporting the
introduction of legislation naming the new Veterans Cemetery
at the former Joliet Arsenal the ``Abraham Lincoln National
Cemetery''.
[[Page H10397]]
In naming the 982 acre site after President Abraham
Lincoln, we not only acknowledge the role he played in
creating the National Cemetery System, but also honor the
memory of the courageous men and women who answered our
nation's call to defend democracy and freedom.
The Department of Illinois, Veterans of Foreign Wars
certainly commend the Department of Veterans Affairs,
Department of Defense, Congress and the local communities for
their vision and initiatives in acquiring a portion of the
former Joliet Army Ammunition Plant, and the beautiful Hoff
Woods site for use as the new National Cemetery to serve the
veterans and families of this midwest region.
We certainly appreciate your introducing this most
important legislation in the House of Representatives and
look forward to the passage of same.
With warmest personal regards and best wishes, I remain
Sincerely,
Donald Hartenberger,
Department Commander.
____
DEPARTMENT OF ILLINOIS,
American Ex-Prisoners of War
October 21, 1997.
Hon. Congressman Jerry Weller
130 Cannon Building, Washington, DC.
Dear Honorable Weller: We the American ex-prisoners of war
of the State of Illinois all agree to the naming of the
Veterans Cemetery in Joliet, IL to be called Abraham Lincoln
Veterans Cemetery.
Thank you for the American ex-P.O.W.'s for their opinion on
this matter.
Sincerely,
Donald McCormick,
Commander, State of Illinois.
____
The American Legion,
Department of Illinois,
Bloomington, IL, April 10, 1997.
Hon. Jerry Weller,
House of Representatives, Washington, DC
Dear Representative Weller: The American Legion, Department
of Illinois, takes great pride in supporting the introduction
of legislation naming the new veterans cemetery at the former
Joliet Arsenal the ``Abraham Lincoln National Cemetery.''
On Saturday, April 5, 1997 at Normal, Illinois, our state
Executive Committee approved a resolution commending the
Department of Veterans Affairs, Department of Defense,
Congress and the local communities for their vision and
initiatives in acquiring a portion of the former Joliet Army
Ammunition Plant, and the beautiful Hoff Wood site, for use
as the new National Cemetery to serve the veterans and
families of the midwest region.
A copy of the approved resolution is attached and we
respectfully urge the Secretary of Veterans Affairs and the
United States Congress to confirm the designation of the
former Joliet Arsenal as the ``Abraham Lincoln National
Cemetery'' to honor all veterans and President Abraham
Lincoln, who first established the National Cemetery system.
Sincerely,
Vincent A. Sanzotta,
Department Adjutant.
____
AMVETS,
Illinois State Headquarters,
Springfield, IL, September 26, 1997.
Hon. Jerry Weller,
Cannon House Office Building,
Washington, DC.
Dear Congressman Weller: Our last State Executive Committee
Meeting, held at the Hilton Hotel, Springfield, Illinois, on
September 12-14, 1997. At this meeting it was voted
unanimously to endorse your legislation to name the Joliet
National Cemetery as the Abraham Lincoln National Cemetery.
Since Mr. Lincoln was instrumental in establishing the
first National Cemetery, it is only befitting that he finally
receives the honor of having a National Cemetery named after
him.
Sincerely,
Jerry F. Foster,
Department Commander.
[From the Chicago Tribune, Dec. 29, 1996]
Honor Abe at the National Cemetery
Among his many accomplishments, Abraham Lincoln created the
National Cemetery System in 1862 to provide proper,
registered resting places for the nation's Civil War dead.
Today the system includes more than 100 cemeteries, and to be
buried in one is a singular honor for the people who have
served their country in the armed forces.
Now there is an opportunity to memorialize this gracious
act by America's 16th and--by most assessments--greatest
president. As reported recently by the Tribune's William
Presecky, a move is afoot to name the country's newest and
second-largest national cemetery after Lincoln, as part of
the peace-time conversion of the former Joliet Arsenal.
There could not be a more appropriate choice in a more
appropriate setting.
Though born in Kentucky and raised in Indiana, Lincoln is
forever identified with Illinois--the land he chose to pursue
his career in law and politics, where he honed his rustic
genius and magnanimous spirit. From here he left to stage his
momentous, tragic presidency; to here he returned for
eternity.
The cemetery--to open in 1999 on 982 acres of the arsenal
site--will be bordered one day by more than 19,000 acres of
restored tallgrass prairie, the symbol of the promising
pioneer Illinois that lured Lincoln.
The process of naming a national cemetery is a lengthy one,
requiring congressional and presidential approval, with the
recommendation coming from the Department of Veterans
Affairs. Many names are expected to be submitted, including
those of other early settlers, and there will be many
disappointments. The wise course is to unite in consensus now
for Lincoln, in the spirit of the great conciliator.
The Abraham Lincoln National Cemetery.
It sounds right; it is right.
[From the Herald News, Joliet, Il,]
Hey, LaHood: Lincoln's Name Belongs on National Veterans' Cemetery
The arrogance of U.S. Rep. Ray LaHood just plain upsets me.
I'm angry at the Peoria congressman's selfish attitude. The
swagger of his opinion must be challenged.
LaHood has attacked the use of Abraham Lincoln's name with
the new national veterans cemetery to be built here on
arsenal land. He thinks the Lincoln name belongs to
Springfield. To Sangamon County. To central Illinois. And
only to them.
Shame on you, congressman. Lincoln belongs to all of us in
this state. Ol' Abe and what he represents even belongs to
the nation like a treasure.
LaHood, as quoted in a Chicago newspaper last week, said he
was lobbying the Department of Veterans Affairs and the House
Veteran Affairs Committee to not use Lincoln's name on the
veterans cemetery here.
``It seems appropriate that we really maintain the Lincoln
memory in the Springfield area,'' he said. ``Springfield and
that part of central Illinois has sort of been designated as
the Lincoln geography of Illinois. Some of us believe we
ought to leave it that way. They ought to come up with
another name.''
LaHood confirmed to me that he was accurately quoted in
that news story. But my reply to those comments is:
``Hogwash, congressman.''
You apparently lack knowledge about the Lincoln history
outside of Springfield. Here's a couple of outside-of-
Sangamon County Lincoln facts to smoke in your pipe:
The first of Abe's famous debates with Stephen A. Douglas--
those debates that gave him national attention--was in
Ottawa.
The multicounty circuit that he rode as a lawyer took him
as far north as the courthouse in Pontiac.
He was nominated for president at the 1860 Republican
convention in Chicago.
He campaigned for John C. Fremont for president in Joliet.
One of his close friends was a circuit judge right here in
Joliet.
We have several communities east of Joliet that are known
as the ``Lincolnway'' area. They're located along U.S. 30,
which is sometimes called Lincoln Highway.
If LaHood needs some more Lincoln history in Northern
Illinois, I'll be glad to dig it up for him.
I'm proud that Abraham Lincoln's name was selected as the
name for the new national veterans cemetery here. The final
resting place of all these heroes will be an honorable
addition to the Will County community, which always has
generously furnished more than its share of soldiers when
freedom was in danger from an enemy.
When Lincoln called for help to save the Union in the Civil
War, this county responded with 5,000 of its sons, brothers
and husbands, of which more than 500 didn't come home ever
again. If nothing else, that fact alone qualifies use of
Abraham Lincoln's name at the national veterans cemetery
here.
U.S. Rep. Jerry Weller, our congressman who has worked to
bring the veterans cemetery here, said the Abraham Lincoln
name has been endorsed by the American Legion, Veterans of
Foreign Wars, Disabled American Veterans and American Ex-
Prisoners of War.
``Clearly, it is proper to name the second-largest veterans
cemetery in the nation after the man who established the
national veterans cemetery system especially since no
national veterans cemetery, even in Springfield, has ever
honored Abraham Lincoln,'' Weller said.
``We will continue to build momentum of this name selection
and pass this legislation into law. We feel this is a great
honor for Abraham Lincoln, veterans and the entire state of
Illinois.''
Amen to that comment.
By the way, LaHood told me his opposition to use of the
Lincoln name here--and he vowed to continue that opposition--
is based upon conversations with public officials in
Springfield and all over central Illinois.
I checked with our sister newspaper in Springfield, The
State Journal Register, and they haven't reported one story
about folks down there objecting to the use of the Lincoln
name. Not even one letter to the editor, I was told.
Oh well, this isn't the first time I've wondered where a
politician got the information he used in shooting off his
mouth.
I would urge local veterans, veteran organizations and
other readers to drop the congressman a line about his greedy
attitude on the use of Abe Lincoln's name. Tell him no one
can hog a state and national treasure.
Write to U.S. Rep. Ray LaHood, 329 Cannon HBO, Washington,
D.C. 20515, or call him at (202) 225-6201.
[From the Star News, Feb., 1998]
Letters to the Editor--Amazed at `Arrogance'
I am amazed at the arrogance of U.S. Rep. Ray LaHood to
publicly deny the respectful
[[Page H10398]]
use of President Abraham Lincoln's name to be affiliated with
the new National Veterans Cemetery, which will be located at
the old Army ammunition plant just south of Elwood.
Anyone who says he represents the majority view of those
people in his district community, and state as Rep. LaHood
proclaims to, should hand his head in shame. I feel he is
unfit to represent anyone on any issue.
We all owe many thanks to U.S. Rep. Jerry Weller for his
concern and devoted efforts to bring the project to a
respectable and honorable conclusion. I hope that Rep. LaHood
remembers that as long as our Stars and Stripes fly over this
great nation that it is the majority who rule in the end,
thanks to the unselfish devotion of some four million of our
friends, neighbors, sons and daughters for around 222 years
now, who gave up everything to guarantee our sovereignty to
that very end.
Leonard Seltzer,
Manhattan.
[From the Herald News, Feb. 20, 1998]
Abraham Lincoln Best Name for National Cemetery Here
There is one surprising facet to the national cemetery
system that may not have come to your attention. None is
named after the president who started the cemeteries. Free
burial in the cemeteries is offered to veterans (and their
spouses) who have served this nation.
The national cemeteries are shrines to our fallen heroes.
Veterans do not have to be buried in national cemeteries.
That is their option. Many select this free service and their
families are honored to have burials in hallowed ground.
There are more than 100 national cemeteries in various
parts of the country, including the most famous being
Arlington National Cemetery, the home to the Tomb of the
Unknown Soldier and burial ground of famous leaders such as
President John F. Kennedy.
The national cemetery system dates to the Civil War. The
federal government began providing this service after it was
signed into law by President Abraham Lincoln, commonly called
the founder of the national cemetery system.
The surprising part about the cemeteries is that none is
named after President Lincoln. That can be corrected if the
new national cemetery on the former Joliet arsenal is named
after Lincoln.
That name has received bipartisan support in Congress from
Illinois Sen. Carol Moseley-Braun, a Democrat, and Rep. Jerry
Weller, a Republican from Morris.
Local veterans have shown considerable support for the
Lincoln name. Many names have been suggested, including
numerous ideas from Herald News readers.
Abraham Lincoln is by far the best choice for this cemetery
in our back yard. The name is both fitting and distinguished.
Illinois is called the Land of Lincoln and his ties extend
across the state.
The Lincoln name has not yet been officially approved in
Washington D.C. We understand there is also some opposition
from one member of the Illinois congressional delegation.
The opposition is based on other areas of the state
claiming exclusive use of the Lincoln name.
We beg to differ. Lincoln belongs to all of Illinois. This
area is fortunate that we are being honored with a national
cemetery and that Lincoln's name has not been used before.
The Abraham Lincoln National Cemetery is welcome here and
so his name. Lincoln should have his name on a national
cemetery and his home state is the best choice for this
honor. We hope federal officials see the wisdom of naming
this cemetery after Abraham Lincoln.
[From the Herald News, Mar. 14, 1998]
LaHood Won't Quit on Cemetery Name
(By Toby Eckert)
Washington.--Refusing to surrender in a mini-civil war
among Illinois' congressional delegation, Rep. Ray LaHood, R-
Peoria, on Monday questioned whether Acting Veterans Affairs
Secretary Togo West had the authority to bestow Abraham
Lincoln's name on a new veterans' cemetery in Joliet.
A Veterans Affairs Department spokesman said West clearly
had the authority under federal regulations, though he
acknowledged it was rarely exercised. The surprise action
last Wednesday effectively short-circuited LaHood's effort to
block Lincoln's name from being used at the cemetery, which
is under construction at the former Joliet Arsenal. LaHood
believes the naming could harm tourism in Springfield, where
Lincoln is buried, since people may believe the 16th
president is interred at the Joliet cemetery.
However, two other members of the state's congressional
delegation--Rep. Jerry Weller, R-Morris, and democratic Sen.
Carol Moseley-Braun--backed the Joliet proposal, saying
Lincoln is identified with the entire state, not just his
hometown. Moseley-Braun is popular with President Clinton,
who appointed West, but a spokesman for her said he was
uncertain whether she personally lobbied for the naming.
LaHood, a member of the House Veterans' Affairs Committee,
had been blocking legislation sponsored by Weller to put
Lincoln's name on the Joliet cemetery. He angrily denounced
West's action as an unprecedented end-run around the
committee, which had jurisdiction over Weller's bill.
At a recent hearing on budget matters, West ``assured our
committee (that it) would have some say in this,'' LaHood
said. ``They knew of my objections.''
On Monday, LaHood fired off a letter to West in which he
questioned West's authority to unilaterally approve the
cemetery name and asked him to reconsider.
``Your desire for cordial relations with Congress . . .
certainly falls short in this case,'' LaHood wrote. ``In the
past, the naming of a Department of Veterans Affairs facility
has required a congressional mandate or executive order.''
Depatment spokesman Terry Jemison cited federal regulations
that say the department secretary ``is responsible for naming
national cemeteries.''
However, he added that, ``Generally, (the authority) has
not been exercised.'' He said he was uncertain why.
In a memo to the director of the National Cemetery System,
West called his move ``an exception to Department of Veterans
Affairs policy.'' It was warranted by Lincoln's ties to
Illinois, the fact that Lincoln initiated the National
Cemetery System and support for the name among veterans'
groups, West wrote.
Mr. QUINN. Mr. Speaker, there has been considerable interest this
Congress in the health status of Persian Gulf war veterans and the
government's response to the concern that illness may have resulted
from service during that war. I know that Mr. Shays and Mr. Evans have
introduced legislation addressing this issue. Indeed the Veterans'
Committee in the other body ordered reported a bill, S. 2358, which was
similar in some respects to the proposals made by Mr. Evans and Mr.
Shays.
We have taken great strides in addressing the concerns which led to
the introduction of those proposals, and I believe Congress can point
to the legislation now before the House and say that we have responded
as best we could to the continuing concerns of Persian Gulf war
veterans.
Mr. Speaker, several of the bills introduced this Congress proposed
that we give the Secretary of Veterans Affairs the authority to
establish presumptions that certain illnesses are related to service in
the gulf, and to pay compensation for such illnesses. These bills would
rigidly define the circumstances in which the Secretary could act, and
presume that a great deal of evidence may accumulate in the next
several years liking Persian Gulf service to disease. However, under
these proposals. Congress would have no role in responding to the
scientific evidence as it is produced, nor would it have any
responsibility to respond to the analysis and conclusions of the
National Academy of Science on the scientific evidence to support
establishing a presumption.
It is my belief that Congress has always had the preeminent role in
establishing which diseases veterans should be compensated for on a
presumptive basis. With this legislation, we reassert that role. In
doing so, we retain the flexibility to respond to new information with
an unbiased yet sympathetic point of view. We avoid setting in motion a
procedure that may not produce fair and equitable results for veterans
suffering from disease. At the same time, we avoid speculation about
what the costs of a fair and equitable compensation policy might be.
To veterans who have lobbied for slightly different versions of the
legislation that we propose today, I say--``Give this bill and future
Congresses a chance to do its job.'' The bill establishes an objective
method for looking at illnesses among Persian Gulf war veterans. It
then requires the Secretary to recommend to Congress whether the law
should be changed. By its actions today, Congress demonstrates its
unwavering commitment to meeting the needs of veterans, both as we
understand them today and as we learn more about them in the future.
Let me mention a few other matters which may be of interest that are
contained in this measure. Earlier this year, the House passed a bill
(H.R. 3039) reported by my Subcommittee on Benefits which proposes a
new way of housing homeless veterans. In my home town of Buffalo, banks
are willing to help develop housing to meet the needs of persons who
are transitioning back to productive lives. This bill will encourage
banks and homeless service providers to get together and develop clean
and affordable transitional housing for veterans. By offering a
government loan guarantee, we give an incentive to banks to use their
capital to create these new housing opportunities. I've seen it work
and I hope that thousands of new transitional housing units for
veterans will be created under this authority.
We've also included almost all of the provisions we passed earlier
this year as part of H.R. 4110, as well as the veterans' reemployment
rights amendments which we recommended in H.R. 3213, a measure that
passed the House in March of this year. These bills contained
enhancements to veterans' education, employment, housing, cemetery and
insurance programs. Taken together, these provisions will benefit
thousands of veterans and their family members. I urge my colleagues to
support this measure.
[[Page H10399]]
Mr. Speaker, section 301 of the bill increases the pension paid to
those who have been awarded the Medal of Honor from its current $400 to
$600. When this special benefit was first created in 1916, the amount
was a modest $10. This amount was modest for two reasons; first because
Congress did not want to begin making substantial payments to honor
distinguished service, and second, because Congress did not want a
payment to diminish the honor of the Medal. Those purposes inform our
action today.
In truth, it is difficult to say that a payment of money, no matter
its amount, is adequate to honor the valor of those who have been
awarded the Medal of Honor. It would be easy to say that they deserve a
much higher monthly pension. The amount which we authorize today is
still quite modest, but is perhaps more generous when adjusted for
inflation than the amount originally authorized in 1916. One reason to
be more generous is that the living veterans who have been awarded the
highest military award for valor are often asked to make public
appearances on behalf of patriotic causes. They are frequently asked to
travel and incur expenses in connection with civic work and patriotic
activities. These storied Americans should be encouraged to continue
their inspirational and motivational activities on behalf of all
Americans. That is why we approved the increase which is contained in
this measure today.
I want to thank the ranking Democrat on the subcommittee, Bob Filner,
for working throughout the 105th Congress with me and other members of
the subcommittee. Mike Brinck, our former subcommittee staff director,
if you're listening, thanks for all the hard work. To my Chairman Bob
Stump, and Ranking Member Lane Evans, my thanks for all your help and
leadership. I look forward to seeing you in the 106th Congress.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 4110,
the Veterans' Benefits Improvement Act.
H.R. 4110 authorizes a full cost-of-living adjustment for veterans
with service-connected disabilities and the rates of dependency and
indemnity compensation (DIC) for the survivors of certain disabled
veterans, for fiscal year 1999. It also simplifies VA education
programs, makes Reservists and National Guard members permanently
eligible for the VA Home Loan Program, and makes internal improvements
to the operation of the U.S. Court of Veterans Appeals.
The disability compensation program is intended to provide some
relief for those veterans whose earning potential has been adversely
impacted as a result of disabilities incurred during military service.
The survivors benefit program is intended to provide partial
compensation to the appropriate survivors for a loss of financial
support due to a service-connected death.
Congress has provided an annual cost-of-living adjustment to these
veterans and survivors since 1976.
This legislation also addresses a potential future problem for the
Court of Veterans Appeals. Beginning in 2004, five of the six original
appointees on this court will be eligible for retirement.
Moreover, the last 2 years have seen a substantial increase in the
workload and backlog of cases pending before the court.
This legislation permits the Court of Veterans Appeals to operate in
a manner similar to other Federal courts, whereby retired judges are
permitted to volunteer their services in a limited capacity, typically
25 percent of a normal workload. These judges receive retired pay equal
to that of an active judge in exchange for their services.
This goal of the provision is to provide an effective measure to help
reduce overall workload and shorten the time that veterans must wait
for decisions on their appeals.
Finally, H.R. 4110 makes permanent the authority of the VA to
guarantee home loans for National Guard and Reserve members. This
authority was previously set to expire on September 30, 1999.
Mr. Speaker, I believe this is worthy legislation and an appropriate
response of this legislative body to the sacrifices made by our
Nation's veterans and their families.
Accordingly, I urge all of my colleagues to support this measure.
Mr. RODRIQUEZ. Mr. Speaker, I rise to remind us of the covenant we
have with our Nation's veterans to ensure they receive the benefits and
medical attention they deserve.
This legislation ensures that benefits and priority health care will
be upgraded to keep up with changing times.
This bill provides a cost of living index, while improving and
expanding education, burial and disability benefits.
This bill helps Persian Gulf veterans. They have been sitting on the
sidelines suffering from undiagnosed illnesses while scientists try to
figure out whether or not this is ``service-connected.'' When it comes
to the health of veterans and their families, they need coverage up
front.
In the meantime, this bill will increase public input and public
knowledge of on-going research into undiagnosed illnesses among
veterans.
I commend my colleagues on the VA committee for the bipartisan nature
in which we are able to conduct our business.
Mr. TOWNS. Mr. Speaker, I deeply regret that H.R. 4110 did not
contain a presumption of exposure for Persian Gulf War veterans. The
Subcommittee on Human Resources of the Committee on Government Reform
and Oversight chaired by the gentleman from Connecticut, Mr. Shays,
held over a dozen hearings for the last 32 months. As the Ranking
Minority on this Subcommittee, I am proud to say that these hearings
were conducted on a totally bipartisan fashion which later resulted in
two important bills, introduced by Mr. Shays and myself with over 200
co-sponsors. These bills tracked two major recommendations of our
oversight report, H.R. 4036 and H.R. 4035. Our oversight report
recommended two important changes in the manner in which the VA
processes future claims--a presumption of exposure and a prohibition
against a waiver of informed consent requirements by the FDA for the
use of experimental or investigational drugs, unless the President
approves. Tragically, neither provision was included in a rush to push
this bill forward. I believe that there are important provisions in
H.R. 4110 but no one should be under the allusion that this bill will
really meet the needs of Persian Gulf War veterans or any veterans who
may face similar battle conditions in the future.
Ms. PRYCE of Ohio. Mr. Speaker, today, I rise in support of H.R.
4110, the Veterans Programs Enhancement Act of 1998, which will help to
continue our commitment to our nation's veterans. I am particularly
pleased that this legislation includes a bill, which I introduced H.R.
4602, naming the Veterans Outpatient Clinic in Columbus, Ohio after
Chalmers P. Wylie.
I would like to express a note of personal thanks to Chairman Stump
and Ranking-Members Lane Evans of the House Veterans' Affairs
Committee, as well as Chairman Specter and Ranking-Member Rockefeller
of the Senate Veterans' Affairs Committee for their support and
assistance on this legislation. I would also like to express my
appreciation for the support of all 18 members of the Ohio
congressional delegation, who were original co-sponsors of this
legislation. Finally, I would like to thank Senator Mike DeWine and
Senator Glenn for their efforts and support in the Senate.
Sadly, on August 14, 1998, former Representative Chalmers Wylie
passed away at the age of 77. First elected to the House of
Representatives in 1966, Chalmers Wylie served thirteen terms, rising
to ranking member of the House Banking, Finance, and Urban Affairs
Committee. Mr. Wylie dedicated his life to serving Ohio and, in
particular, the people of the 15th District. He earned the respect and
admiration of everyone with whom he came in contact and, still today,
constituents speak of him fondly wherever I go.
While many knew of Chalmers Wylie's wonderful service in the House of
Representatives, few people knew of his distinguished service during
World War II. Chalmers Wylie was an Army combat veteran who was awarded
the Purple Heart for wounds sustained while rescuing fallen comrades in
Germany. Mr. Wylie also was awarded the Silver Star, the Bronze Star,
the Presidential Unit Citation with two oak-leaf clusters, and the
French Croix de Guerre and Belgian Fouragier.
During his service in Congress, Chalmers Wylie also served as a
distinguished member of the Veterans' Affairs Committee. In this
position, he fought for the veterans of our nation and was instrumental
in improving veteran access to medical care in Columbus, Ohio through
the establishment of the Vetrans Affairs Outpatient Clinic. It is a
fitting end to our legislative session to have Members of Congress
honoring one of our own. Chalmers Wylie was a distinguished Member of
Congress, a dedicated veteran, and a devoted Ohioan, and he is
deserving of this proper tribute.
Mr. SHAYS. Mr. Speaker, I rise today with deep concern about our
country's failure to properly diagnose, effectively treat and fairly
compensate veterans who are ill because of their service in the Gulf
War. Today, the House considered and passed H.R. 4110, the Veternas
Benefits Improvement Act. While I supported the bill, I am profoundly
disappointed H.R. 4110 does not address the issue of presumption of
service connected disability for our Gulf War Veterans.
[[Page H10400]]
In March 1996 responding to requests by veterans, the Subcommittee on
Human Resources, which I chair, initiated a far-reaching oversight
investigation into the status of efforts to understand the clusters of
symptoms and debilitating maladies known collectively as ``Gulf War
Syndrome.''
After 13 hearings, Representatives Towns, Snowbarger, Sanders and I
introduced H.R. 4036, the Persian Gulf War Veterans Health Act of 1998
with strong bipartisan support and that of the Gulf War veterans'
community and the veterans' community at large.
H.R. 4036 would establish in law the presumption of service-
connection for illnesses associated with exposure to toxins present in
the war theater. The Secretary of Veterans Affairs (VA) would be
required to accept the findings of an independent scientifc body as to
the illnesses linked with actual and presumed toxic exposures. The bill
would also require the VA to commission an independent scientific panel
to conduct ongoing health surveillance among Gulf War veterans.
The key provisions of H.R. 4036, not contained in H.R. 4110, is a
``presumption of exposure'' of sick veterans to one or more toxins
known to be present during the war. This provision is critical because
many of the sick Gulf War veterans, who now number more than 100,000,
have a difficult time establishing service-connected disability due to
missing or inadequate medical records. No other proposed House bill
contains such a presumption.
By establishing a rebuttable presumption of exposure, and the
presumption of service-connection for exposure effects, the bill places
the burden of proof where it belong--on the VA, not the sick veteran.
The bill embodies a principal finding and legislative recommendation
of an oversight report adopted without dissent by the Government Reform
and Oversight Committee last November. We owe it to the brave men and
women who have come forward to assist our ongoing VA oversight, and to
all Gulf War veterans, to follow through with this proposal and
properly diagnose, effectively treat and fairly compensate our Gulf War
veterans.
It is essential we address the problems faced by Gulf War veterans
and pass a bill establishing a rebuttable presumption of exposure, and
presumption of service-connection for exposure effects. We should place
the burden of proof on the Veterans Affairs Department, not on the sick
veterans.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Stump) that the House suspend the rules and
agree to the resolution, H. Res. 592.
The question was taken.
Mr. STUMP. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________