[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.

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