[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12918-S12936]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS BENEFITS IMPROVEMENT ACT OF 1998

  Mr. LOTT. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the bill (H.R. 4110) to 
provide a cost-of-living adjustment in rates of compensation paid to 
veterans with service-connected disabilities, to make various 
improvements in education, housing, and cemetery programs of the 
Department of Veterans Affairs, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:


[[Page S12919]]


       Resolved, That House agree to the amendment of the Senate 
     to the bill (H.R. 4110) entitled ``An Act to provide a cost-
     of-living adjustment in rates of compensation paid to 
     veterans with service-connected disabilities, to make various 
     improvements in education, housing, and cemetery programs of 
     the Department of Veterans Affairs, and for other purposes'', 
     with the following amendments:
       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.
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.

[[Page S12920]]

       (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, 
     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

[[Page S12921]]

     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--
       ``(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

[[Page S12922]]

     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''.
       (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.

[[Page S12923]]

       (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.
       ``(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

[[Page S12924]]

     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 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

[[Page S12925]]

     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 
     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.''.

[[Page S12926]]

     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:

     ``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--

[[Page S12927]]

       ``(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 (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)

[[Page S12928]]

     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.
       (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''.

[[Page S12929]]

     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-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

[[Page S12930]]

     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.
       ``(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:


       ``(2) In such formula:
       ``(A) `A' is the amount the United States is entitled to 
     recover.
       ``(B) `' 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

[[Page S12931]]

       (C) in paragraph (4)--
       (i) by striking ``and per participant'' and inserting in 
     lieu thereof ``, per participant''; and
       (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 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.

[[Page S12932]]

     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 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.


[[Page S12933]]


  Mr. ROCKEFELLER. Mr. President, as the ranking member of the 
Committee on Veterans' Affairs, I am enormously pleased that the Senate 
is considering this comprehensive bill which would make valuable 
changes to a wide range of veterans' benefits and services. This 
legislation represents the culmination of considerable oversight and 
investigation, hearings and markups in both the House and Senate, and 
the normal flow of legislation and compromise which is the basis of 
reaching consensus. The bill does not represent all that I or others 
involved would have wanted; but it does represent the best that we 
could do under the rules and budget constraints within which we 
operate.
  Although the bill we consider today addresses many initiatives--from 
assisting Persian Gulf War veterans to providing educational assistance 
to health care professionals--I will mention only some of the issues 
which are of particular interest to me.


              GULF WAR VETERANS' HEALTH CARE AND RESEARCH

  Mr. President, H.R. 4110, as amended, represents a comprehensive 
effort to address the needs of our Gulf War veterans. In addition to 
addressing these veterans' health care needs, this legislation provides 
for research on the prevention and treatment of post-conflict 
illnesses.
  As Ranking Member of the Committee on Veterans' Affairs, I have 
witnessed firsthand the struggles of many of our Gulf War veterans, in 
West Virginia and across the nation. For many, the Persian Gulf War 
will undoubtedly be remembered as one of our country's most decisive 
military victories. Despite our fears regarding the possibility of 
massive troop injuries and losses, the careful planning and strategy of 
our military leaders paid off. At the end of the ground war, it 
appeared that there had been relatively few casualties. But as with any 
war, the human costs of the Gulf War have been high, and we see now 
that the casualties have continued long after the battle was over.
  Many of the men and women who served in the Gulf have suffered 
chronic, and in some cases, disabling health problems. Their pain has 
been compounded by their difficulty in getting the government they 
served to acknowledge their problems and provide the appropriate care 
and benefits they deserve. This legislation will address some of their 
concerns. I regret that we can't do more, but we must begin the process 
where we can. We can't wait the 20 years we waited after the Vietnam 
war to assess the effects of Agent Orange, or the 40 years we waited 
after World War II to concede the problems of radiation-exposed 
veterans. It is time to learn from the lessons of the past and act now.
  Section 102 extends VA's authority to provide health care to Gulf War 
veterans through December 31, 2001. This is a vital provision. After 
the war, DoD and VA acknowledged that they couldn't diagnose the health 
problems affecting Persian Gulf War veterans. We did not want to make 
these veterans wait for the science to catch up before we could provide 
health care and compensation for their service-related conditions. That 
is why, back in 1993, we provided Persian Gulf War veterans with 
priority health care at VA facilities for conditions related to their 
exposure to battlefield exposures and environmental hazards. Gulf War 
veterans' access to health care through VA must continue to be ensured, 
and this agreement does that.
  Section 102 also extends VA's current authority to provide treatment 
for veterans of future conflicts. We are making it possible for future 
veterans to seek and receive care through VA immediately after leaving 
the military and up to two years following discharge. By doing this, we 
may be able to prevent some chronic health conditions by providing 
early treatment.
  The substitute amendment calls upon the Secretary of Veterans Affairs 
to enter into an agreement with the National Academy of Sciences (NAS) 
to assist in the development of a plan for the establishment of a 
national center for the study of war-related illnesses and post-
deployment health issues. Such a center would play a critical role in 
carrying out and promoting research on the diagnosis, treatment, and 
prevention of such illnesses.
  Though not specifically mentioned in the bill, a national center 
could also serve to promote pre-deployment and post-deployment health 
policies that are sorely needed to help prevent war-related illnesses. 
It is important that there be a central body to study and learn from 
the health lessons of each war, so we are not doomed to continue 
repeating them.
  In addition, this bill directs the Secretary of Veterans Affairs to 
enter into agreements with the NAS to conduct studies and provide 
recommendations for research that may be needed to better understand 
the possible health effects of exposures to toxic agents or 
environmental or wartime hazards associated with Gulf War service. The 
NAS will also provide recommendations to VA on the development of 
continuing medical education programs on the treatment of war-related 
illnesses and the assessment of new treatments to alleviate the effects 
of these illnesses.


                      GULF WAR VETERANS' BENEFITS

  Mr. President, last year I introduced S. 1320, which would have 
established a scientific basis for determining what illnesses are 
associated with service in the Gulf War and should be compensable by 
the VA. This year, Senator Byrd, Senator Specter, and I built upon that 
model and introduced S. 2358, which unanimously passed the Senate 
earlier this month.
  S. 1320 and S. 2358 require the Secretary of Veterans Affairs to 
enter into an agreement with NAS to begin an ongoing scientific review 
to identify potential exposures that members of the Armed Services 
experienced in the Gulf, and the potential illnesses or health 
conditions associated with those exposures. If NAS found evidence of a 
positive association between these illnesses and exposures, the 
Secretary would then determine if those illnesses warranted presumptive 
service connection. This is important because current law requires Gulf 
War veterans to either experience health effects in service that can be 
linked to their current illness, or be found to have a chronic 
``undiagnosed illnesses'' within 10 years of returning from the Gulf. 
However, veterans are reporting illnesses now that don't fall into 
either of these categories. I believe that the NAS reviews will help 
remedy this ``Catch 22'' situation.
  However, I was disappointed that we were unable to move beyond the 
initial steps contained in H.R. 4110 in negotiations with the House and 
Senate Veterans' Affairs Committees. H.R. 4110 only provides for VA to 
contract with NAS to perform the scientific review to identify 
potential exposures and illnesses associated with those exposures, but 
excluded the critical directive and guidance to VA to make 
determinations about compensation and presumption of battlefield 
exposures. Nonetheless, I felt that it was important that we accomplish 
what we could in this Congress to begin the process, although I 
realized this would still leave more for us to accomplish in the 106th 
Congress.
  We would have been left with only this initial step were it not for 
the senior Senator from West Virginia, Senator Byrd. Senator Byrd 
successfully negotiated the inclusion of the compensation and 
presumption provisions of S. 2358 in the Omnibus Appropriations bill. 
So, I thank him today, and the veterans' service organizations for 
their work on behalf of America's Gulf War veterans.
  And finally, I also want to thank Senators Specter and Daschle for 
their tireless efforts. We now have legislation that Gulf War veterans 
can be proud of as a result of all their work.


                        EDUCATION AND EMPLOYMENT

  Title II contains various changes to VA's education programs that 
allow more veterans access to these programs and improves their ability 
to use their Montgomery GI Bill benefits. Among them are provisions for 
a more accurate way to calculate the number of veteran-students 
training at schools, by switching from a once-a-year ``snapshot'' to 
counting enrollment throughout the year; more flexibility in the 
payment of veterans of their VA work-study program amount; the ability 
to tap into the current trend of many colleges who grant credit hours 
for life experience; and allowance for servicemembers to use those life 
experience credit hours to satisfy the eligibility requirement of 
completion of a high school diploma or 12 college semester hours before 
leaving active duty.

[[Page S12934]]

  In addition, Section 204 changes the pilot license requirement for a 
medical certificate, as the certificate automatically downgrades after 
6 months, but the training period is longer than that. This ensures 
that veterans will be able to complete their flight training program. 
Section 205 increases the flexibility of veterans participating in on-
job training (OJT) programs to work in fields such as law enforcement, 
public safety, and other State and local government agencies that 
because of local restrictions, cannot provide the VA-required wage 
increase in the final month of OJT. Finally, this compromise agreement 
requires the VA and the military to work together to better inform 
servicemembers and veterans of VA educational benefits.
  Title II also makes a critical modification to the Uniformed Services 
Employment and Reemployment Rights Act (USERRA), which protects the 
rights of persons who serve in the U.S. Armed Forces for a limited 
period of time to return to their civilian employment. USERRA allows 
returning servicemembers to bring a cause of action against employers 
who violate their employment rights.
  However, several States have taken the position that the Eleventh 
Amendment to the Constitution bars USERRA from applying to State 
agencies as employers. This argument is based on the 1996 Supreme Court 
decision in Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), 
which held that Congress was unable to enact a law that allowed 
individuals to sue states for violating federal statutes under the 
Eleventh amendment. Several district courts have applied the Seminole 
decision to dismiss USERRA cases against states as employers.
  Title II would substitute the United States for an individual veteran 
as the plaintiff in cases where the Attorney General believes that a 
State has not complied with USERRA. This restores the ability of 
veterans who are employed by a state agency to seek redress for 
violations of their reemployment rights.


                     MEDAL OF HONOR SPECIAL PENSION

  Section 301 provides for an increase in the monthly pension that 
recipients of the Medal of Honor are entitled to. The current special 
pension is $400 per month. This compromise agreement would increase the 
amount to $600 per month.
  The recipients of the Medal of Honor are American heroes, and as 
such, are asked to participate in patriotic ceremonies all over the 
country, frequently at their own cost. I am very pleased that this 
modest increase in their monthly special pension was agreed to in order 
to help defray some of these costs for these great Americans.


                             LIFE INSURANCE

  Title III of the compromise contains some very important provisions 
for veterans and their families at an extremely difficult time in their 
lives.
  Section 302 allows VA to provide an accelerated death benefit to SGLI 
or VGLI-insured persons having a life expectancy of 12 months or less. 
This provision would allow these terminally ill veterans to elect to 
receive up to 50 percent of the amount of their insurance policy, 
providing them financial assistance at a time when they may have 
overwhelming medical bills or other life expenses, but may be too ill 
to continue working.
  The option to receive an accelerated death benefit is available in 
many commercial life insurance policies. In 1996, Congress enacted a 
provision that allowed veterans to convert their SGLI or VGLI policies 
to commercial policies. This allowed veterans to seek commercial 
policies with this option. However, being faced with a terminal illness 
is a very difficult and emotional time, and the Committee correctly 
determined that it would be better for veterans to be able to cut out 
the ``middle man'' and elect to receive accelerated benefits from the 
VA, without having to seek out another insurer. These benefits would 
not be counted as income for the purposes of determining eligibility 
for any federal program. I am very gratified that we are able to 
approve this measure that improves in some small way the quality of 
life for our terminally ill veterans.
  Section 303 requires VA to assess whether the two programs that are 
designed to help the survivors of service-connected veterans--the 
insurance program and Dependency and Indemnity Compensation (DIC)--are, 
in fact, meeting their needs. In 1992, Congress enacted reforms 
targeted at addressing this question by doubling the amount of life 
insurance benefits to $200,000, and creating a uniform payment system 
for DIC that is no longer dependent upon the rank of the veteran in 
service. Nonetheless, many of the survivors were unable to work because 
they remained at home to care for a totally disabled, service-connected 
veteran. That veteran may even have been receiving additional benefits 
(such as housebound or aid and attendance) above the 100-percent rate, 
which is currently $1,964 per month. However, after the veteran passes 
away, the surviving spouse's monthly compensation amount is generally 
decreased to $850 per month. I have real concerns about whether the 
current VA programs are adequately providing for these surviving 
spouses, and I am looking forward to any recommendations that VA may 
make in this report.
  Finally, section 304 provides financial relief to NSLI ``H'' policy 
holders. The policy holders are WWII veterans, some of whom were 
disqualified from participating in NSLI's other program (the ``V'' 
policy). ``V'' policy holders have a cap on their premiums as they get 
older and are also eligible for dividends if the amount of premiums 
paid in a year exceeds the amount paid out in policies. That was not 
the case for ``H'' policy holders. This provision makes ``H'' and ``V'' 
policies identical, restoring fairness to approximately 1,200 affected 
veterans.


                            memorial affairs

  Mr. President, Title IV addresses an area of growing concern to 
veterans and their families--memorial affairs. The median age of 
veterans is over 75 years old. Our veteran population is aging, which 
unfortunately also means that veterans are dying at an increasing pace. 
It our honor and duty to provide for their memorialization through the 
VA's National Cemetery System (NCS).
  Section 401 gives VA the authority to place memorial markers in 
national cemeteries to commemorate a veteran's deceased spouse whose 
remains are unavailable for interment. VA already has the authority to 
place a memorial marker for veterans whose remains are unavailable.
  Section 402 provides burial and cemetery benefits at VA National 
Cemeteries for those who served in the United States Merchant Marines 
between August 16, 1945, and December 31, 1946, and served on a vessel 
operated by the War Shipping Administration or the Office of Defense 
Transportation operating overseas.

  Section 403 renames the National Cemetery System as the National 
Cemetery Administration and redesignates the position of the Director 
of the National Cemetery System to Under Secretary of Veterans Affairs 
for Memorial Affairs.
  Section 404 modifies the State Cemetery Grants Program to authorize 
VA to pay up to 100 percent of the costs of constructing and equipping 
state veterans' cemeteries. VA currently has authority to pay up to 50 
percent of the cost of land acquisition and construction. However, most 
states that have participated in the program have used land that is 
either already state property or is donated. Thus, they have no 
acquisition costs. This change will allow states with limited funding 
to participate in the program. The State Cemetery Grants Program is a 
very important component of VA's Cemetery System, since it increases 
veterans' access to burial in a veterans cemetery. I am very hopeful 
that this change will lead to greater participation by states in the 
program.


                       court of veterans appeals

  In 1988, Congress created the Court of Veterans Appeals to provide 
veterans with an opportunity for judicial review of their claims for 
benefits from the VA. In creating this court, Congress intended to make 
its benefits and features comparable to that of other courts. The 
following modifications from Title V are intended to bring this Court 
in line with other Article I courts: exemption of the judges' 
retirement fund from sequestration orders and adjustments to their 
survivor annuity program.
  Despite the changes to the survivor program to provide for a cost-of-
living allowance, the small size of the Court gives rise to concerns 
about the fiscal integrity and expense of management of such a program. 
Therefore, this compromise agreement directs the Court to

[[Page S12935]]

provide Congress with a report on the feasibility of merging the 
Court's retirement and survivor annuity program with another federal 
court's retirement and survivor annuity program.
  This title also provides that when a sitting judge is nominated for 
an additional term, that judge could remain on the bench for up to one 
year, pending Senate confirmation. This would prevent any break in 
service of the judge which might affect veterans' cases pending before 
the Court.
  Finally, this title renames the ``Court of Veterans Appeals" as the 
``United States Court of Appeals for Veterans Claims.'' This is a step 
forward in erasing the misperception that the Court is part of the 
Department of Veterans Affairs.


                      transitional housing program

  Mr. President, I am very concerned about the plight of homeless 
veterans. Statistics from the Department of Veterans Affairs show that 
one in three homeless persons are veterans. There are very few federal 
programs specifically targeted at homeless veterans to address the 
specific needs of this population; in particular, there is a shortage 
of transitional housing for homeless veterans. Transition programs can 
provide structured long-term housing and assistance in finding and 
maintaining employment, while requiring sobriety and accountability.
  As a way to maximize the limited federal funding available for the 
homeless veterans transitional housing program, this compromise 
agreement (Title VI) creates a pilot loan guaranty program that would 
be administered by VA. The guaranty reduces the risk to lenders, 
enabling community-based organizations to seek outside capital. The 
loans can be used for a wide variety of activities, including 
construction or rehabilitation of housing, refinancing of existing 
loans, and acquisition of land, furniture, and equipment.
  I am very excited about this partnership between the private and 
public sectors, and between the federal government and community-based 
organizations. I am hopeful that it will be a successful new way for us 
to reach out to our Nation's homeless veterans.


           extension of eligibility for reservist home loans

  In 1992, Public Law 102-547 provided for a 5-year pilot program to 
allow eligible members of the Selected Reserves to qualify for VA 
housing loan benefits. The authority for this program expires on 
October 27, 1999. With this imminent expiration date and the length of 
service requirements for eligibility, the military is not able to fully 
capitalize on this valuable recruiting tool. This agreement extends the 
eligibility for Reservists and the funding fee that VA is allowed to 
charge Reservists (currently 2.75 percent) to September 30, 2003.
  This program has provided an invaluable recruitment and retention 
incentive. VA has guaranteed approximately 43,000 loans to date, of 
which about 67 percent were made to first-time home buyers. The 
foreclosure rate on these loans, according to VA, is approximately one 
half that of other VA loan guaranty programs. Given the increased use 
of Reservists in military deployments, it is only fitting that this 
program be continued.
  I thank Senator Akaka for his leadership on this issue.


health care for veterans treated with nasopharyngeal radium irradiation

  Section 901 of the substitute amendment authorizes the Secretary to 
provide health care for the treatment of any head or neck cancers which 
are associated with a veteran's receipt of nasopharyngeal radium 
irradiation treatments in active military, naval, or air service.
  Thousands of military personnel, primarily Navy submariners and Army 
Air Corps pilots, received nasopharyngeal radium treatments to treat 
and prevent inner ear problems that developed due to the inadequate 
pressurization of their respective vessels. The treatment was used 
originally on children with ear infections, so to adapt the treatment 
to healthy adults, the Navy and Army conducted experiments on small 
groups of submariners and pilots. Subsequently, between 8,000 and 
12,000 servicemen were irradiated for military purposes. As pressurized 
planes and submarines became available, the need for these treatments 
was fortunately obviated by the early 1960's.

  Looking back to the early years, we now know just how dangerous these 
treatments were. The Centers for Disease Control and Prevention 
estimate that tissues at the exact site of radium placement were 
exposed to 2000 rem of radiation--400 times greater than the maximum 
``safe'' level of radiation exposure established by the Atomic Energy 
Commission. Parts of the brain received 24 rem--five times the accepted 
limit of exposure.
  The health effects of the treatments that were specifically given to 
our veterans is unknown. A lack of documentation precludes careful 
scientific studies. However, one study done on individuals who had 
received nasopharyngeal radium treatments concluded there was an 
increased risk of developing head and neck tumors associated with the 
childhood treatments. We will continue to study the plight of all 
atomic veterans, but this legislation offers health care to a group of 
atomic veterans that have up to now been ignored by the VA. It is 
reasonable, compassionate, and long overdue.
  I thank Senator Lieberman for his leadership on this issue and the 
Department of Veterans Affairs for pursuing this vital initiative.


              HEALTH CARE PERSONNEL INCENTIVE ACT OF 1998

  I am enormously pleased today that the Veterans Programs Enhancement 
Act of 1998 includes provisions to create viable scholarship and loan 
reduction programs in VA. Title VIII is based on legislation, ``The 
Department of Veterans Affairs Primary Care Providers Incentive Act of 
1998,'' which I introduced with the cosponsorship of Senator Mikulski.
  Like many other health care organizations, VA is committed to 
increased use of mid-level practitioners. There are generally two good 
ways to hire and keep highly skilled professionals: offer incentives to 
current employees to get training in new areas of need by providing 
scholarships, and recruit new providers by offering assistance in 
paying off student loans. The bill before us, which includes both a 
scholarship program and an education debt reduction program, can help.
  In VA hospitals and clinics, some of the most difficult positions to 
fill are those of occupational and physical therapists and physicians 
assistants. In my home state of West Virginia, for example, there has 
been a vacancy at one of the VA hospitals for an occupational therapist 
for over twelve years. Two of the VA hospitals have no physical 
therapists at all. This is simply unacceptable.
  The plain fact is that the VA cannot offer the same starting salaries 
as those available in private practice. VA's starting salary level for 
physician assistants, for example, is $15,000 lower than in the private 
sector. The Education Debt Reduction Program included within the Health 
Care Personnel Incentive Act gives the VA a financial recruitment tool 
that will be an enormous help in making the VAMCs more competitive for 
these much-needed and highly skilled individuals. This program was 
first designed by Senator Mikulski in 1993 in recognition of this very 
problem. It was needed then; it is still needed now; and I thank 
Senator Mikulski for her leadership.

  Recruitment is only half of the story, though. Retention of trained 
health care personnel, especially in the face of low morale due to 
budget cuts, is equally important. The scholarship program in this 
legislation is designed to answer this very need. Eligibility is 
limited to current VA employees, thus enabling VA to build staff 
morale. Further, VA gets the workforce they need, composed of motivated 
and loyal employees.
  Several physical therapists who received VA scholarships have written 
to me. They all have emphasized that their scholarships have enabled 
them to finish their schooling without incurring additional debt. They 
all are now working in VA medical centers and bringing their new skills 
to veterans. This is a win-win situation.
  Although this is a time of budget reductions in health care, these 
programs are a worthwhile investment. They enhance morale of the 
physician assistants, physical therapists, nurses, and all other health 
care providers in the short term, while building a workforce that 
matches VA's needs and improves veterans' health care in the long run.
  I thank former Committee minority staff Congressional Science Fellow, 
Joanne Tornow, for her dedicated and

[[Page S12936]]

persistent efforts to move this legislation forward this year.


                          SPECIALIZED SERVICES

  Section 903 continues the current practice of requiring reports from 
the Secretary of Veterans Affairs regarding specialized treatment and 
rehabilitative needs of disabled veterans, including veterans with 
spinal cord dysfunction, blindness, amputation, and mental illness.
  Section 903 also requires the Under Secretary for Health to prescribe 
objective standards of job performance, so as to ensure compliance and 
place greater emphasis on specialized services. I truly believe that we 
need to refocus VA on specialized services, and I am pleased that this 
provision was included.
  Officers of the West Virginia Paralyzed Veterans of America have told 
me about their concerns about the quality of training made available to 
VA staff serving on the Spinal Cord Injury (SCI) primary care teams in 
the VA medical centers in my State of West Virginia. Instead of the 
week of specialized training (followed by hands-on training in an SCI 
unit) recommended by a VHA Directive, SCI primary care teams in West 
Virginia receive a 3-day training session only. I also hear disturbing 
accounts from veterans who were given wheelchairs without being 
measured to make sure they fit properly; improper cushions placed in 
wheelchairs causing pressure sores that can last for months; and VA 
staff who were unfamiliar with such procedures as turning the 
hospitalized SCI patient or even dressing them. This is not acceptable.
  In sum, Mr. President, I cannot guarantee that the necessary 
specialized care is there in all four of the West Virginia VA medical 
centers, or any other VA medical center across the country. The 
legislation before us today will give VA an objective and uniform 
standard by which to judge, and accurately report on, the quality and 
scope of specialized services.


                                  COLA

  H.R. 4110 also contains one of the most important pieces of 
legislation that Congress must pass every year--authorization for a 
cost-of living-allowance (COLA) increase for veterans and survivors 
compensation programs. The amount of the increase is not specified in 
this legislation, since the percentage of the increase had not been 
determined by the time of its passage in the House. Instead, as is 
customary, the bill authorizes the increase to be equal to the rate of 
increase in Social Security recipients' benefits amounts. The rate of 
increase is based on leading economic indicators of inflation. By being 
tied to the rate of inflation, the COLA ensures that veterans' benefits 
will keep pace with rising costs and maintain the buying power of 
compensation for our service-connected disabled veterans and their 
families.


                               CONCLUSION

  Mr. President, in closing, I want to acknowledge the work of our 
Committee's Chairman, Senator Specter, in developing this comprehensive 
legislation. Through his efforts, and that of his staff--especially the 
Committee Staff Director, Charles Battaglia, and the Committee General 
Counsel, William Tuerk, the Senate Committee has fully met its 
responsibilities and can be proud of the legislation we consider today.
  Mr. LOTT. Mr. President, I ask unanimous consent that the Senate 
agree to the amendments of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. AKAKA. Mr. President, I am pleased that the Senate passed H.R. 
4110, the Veterans Programs Enhancement Act of 1998. This measure 
strives to improve the services and benefits provided to our nation's 
veterans by amending several health, education, housing, and other 
benefits programs within the Department of Veterans Affairs.
  I am especially pleased that the measure contains two provisions 
which I have been working on. Section 603 of the bill will extend the 
eligibility of members of the National Guard and Reserve for the 
Department of Veterans Affairs (VA) Home Loan Guaranty Program. The 
provision will ensure that the men and women in the Selected Reserve 
will continue to be eligible for this program through September 30, 
2003. Under current law, authorization for the program is scheduled to 
expire in October 1999.
  As the author of legislation in 1992 which extended eligibility for 
VA-guaranteed home loans to National Guard and Reserve members who 
complete six years of service, I am pleased with the participation in 
the program by members of the Selected Reserve. The VA Home Loan 
Guaranty Program for Guard and Reserve members has provided many 
individuals and families with a needed opportunity to obtain a mortgage 
in order to purchase a home, many for the first time. The VA Home Loan 
Guaranty Program is not only beneficial for members of the Selected 
Reserve, it also contributes to the financial viability of the VA Home 
Loan Guaranty Program since the origination fees paid by Reservists 
more than offset the cost of additional loan guarantees. I am gratified 
that the home loan program will continue to be made available to 
members of the National Guard and Reserves who have served our country.
  I am also pleased with the inclusion of Section 706 in H.R. 4110. 
This provision would prohibit the Secretary of Veterans Affairs from 
establishing or collecting parking fees at the Spark M. Matsunaga 
Department of Veterans Affairs Medical and Regional Office Center in 
Honolulu, Hawaii. Under current law, the VA is required to charge its 
users and employees to park at facilities built with special revolving 
funds. In Hawaii, the VA parking structure is located on the grounds of 
the Tripler Army Medical Hospital and will be shared by VA and the 
Department of Defense. The joint VA/DOD parking facility would result 
in an administrative nightmare if parking fees were required to be 
assessed for VA medical employees and visitors but not DOD personnel 
and visitors. Furthermore, the costs of administering the parking fees 
far outweigh the revenues that would be generated from the assessment 
of nominal parking charges. The waiver of parking fees for the VA 
parking structure at Tripler Army Medical Center will ensure that all 
visitors and employees enjoy free and equal access to the facilities.

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