[Congressional Record (Bound Edition), Volume 146 (2000), Part 15]
[Senate]
[Pages 22671-22687]
[From the U.S. Government Publishing Office, www.gpo.gov]



       VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2000

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent the Chair lay 
before the Senate a message from the House of Representatives on the 
bill (S. 1402) to amend title 38, United States Code, to increase 
amounts of educational assistance for veterans under the Montgomery GI 
bill and to enhance programs providing educational benefits under that 
title, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:
       Resolved, That the bill from the Senate (S. 1402) entitled 
     ``An Act to amend title 38, United States Code, to enhance 
     programs providing education benefits for veterans, and for 
     other purposes'', do pass with the following amendments:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES TO 
                   TITLE 38, UNITED STATES CODE.

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

Sec.  1. Short title; table of contents; references to title 38, United 
              States Code.
Sec.  2. Increase in rates of basic educational assistance under 
              Montgomery GI Bill.
Sec.  3. Additional opportunity for certain VEAP participants to enroll 
              in basic educational assistance under Montgomery GI Bill.
Sec.  4. Increase in rates of survivors and dependents educational 
              assistance.
Sec.  5. Adjusted effective date for award of survivors' and 
              dependents' educational assistance.
Sec.  6. Revision of educational assistance interval payment 
              requirements.
Sec.  7. Availability of education benefits for payment for licensing 
              or certification tests.
Sec.  8. Extension of certain temporary authorities.
Sec.  9. Codification of recurring provisions in annual Department of 
              Veterans Affairs appropriations Acts.
Sec. 10. Preservation of certain reporting requirements.

       (c) References to Title 38, United States Code.--Except as 
     otherwise expressly provided,

[[Page 22672]]

     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.

     SEC. 2. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE 
                   UNDER MONTGOMERY GI BILL.

       (a) Active Duty Educational Assistance.--(1) Section 3015 
     is amended--
       (A) in subsection (a)(1), by striking ``$528'' and 
     inserting ``$720''; and
       (B) in subsection (b)(1), by striking ``$429'' and 
     inserting ``$585''.
       (2) The amendments made by paragraph (1) shall take effect 
     on October 1, 2002, and shall apply with respect to 
     educational assistance allowances paid for months after 
     September 2002.
       (3) In the case of an educational assistance allowance paid 
     for a month after September 2000, and before October 2002 
     under section 3015 of such title--
       (A) subsection (a)(1) of such section shall be applied by 
     substituting ``$600'' for ``$528''; and
       (B) subsection (b)(1) of such section shall be applied by 
     substituting ``$487'' for ``$429''.
       (b) CPI Adjustment.--No adjustment in rates of educational 
     assistance shall be made under section 3015(g) of title 38, 
     United States Code, for fiscal years 2001 and 2003.

     SEC. 3. ADDITIONAL OPPORTUNITY FOR CERTAIN VEAP PARTICIPANTS 
                   TO ENROLL IN BASIC EDUCATIONAL ASSISTANCE UNDER 
                   MONTGOMERY GI BILL.

       (a) Special Enrollment Period.--Section 3018C is amended by 
     adding at the end the following new subsection:
       ``(e)(1) A qualified individual (described in paragraph 
     (2)) may make an irrevocable election under this subsection, 
     during the 1-year period beginning on the date of the 
     enactment of this subsection, to become entitled to basic 
     educational assistance under this chapter. Such an election 
     shall be made in the same manner as elections made under 
     subsection (a)(5).
       ``(2) A qualified individual referred to in paragraph (1) 
     is an individual who meets the following requirements:
       ``(A) The individual was a participant in the educational 
     benefits program under chapter 32 of this title on or before 
     October 9, 1996.
       ``(B) The individual has continuously served on active duty 
     since October 9, 1996 (excluding the periods referred to in 
     section 3202(1)(C) of this title), through at least April, 1, 
     2000.
       ``(C) The individual meets the requirements of subsection 
     (a)(3).
       ``(D) The individual is discharged or released from active 
     duty with an honorable discharge.
       ``(3)(A) Subject to succeeding provisions of this 
     paragraph, with respect to a qualified individual who makes 
     an election under paragraph (1) to become entitled to basic 
     education assistance under this chapter--
       ``(i) the basic pay of the qualified individual shall be 
     reduced (in a manner determined by the Secretary concerned) 
     until the total amount by which such basic pay is reduced is 
     $2,700; and
       ``(ii) to the extent that basic pay is not so reduced 
     before the qualified individual's discharge or release from 
     active duty as specified in subsection (a)(4), at the 
     election of the qualified individual--
       ``(I) the Secretary concerned shall collect from the 
     qualified individual; or
       ``(II) the Secretary concerned shall reduce the retired or 
     retainer pay of the qualified individual by,

     an amount equal to the difference between $2,700 and the 
     total amount of reductions under clause (i), which shall be 
     paid into the Treasury of the United States as miscellaneous 
     receipts.
       ``(B)(i) The Secretary concerned shall provide for an 18-
     month period, beginning on the date the qualified individual 
     makes an election under paragraph (1), for the qualified 
     individual to pay that Secretary the amount due under 
     subparagraph (A).
       ``(ii) Nothing in clause (i) shall be construed as 
     modifying the period of eligibility for and entitlement to 
     basic education assistance under this chapter applicable 
     under section 3031 of this title.
       ``(C) The provisions of subsection (c) shall apply to 
     individuals making elections under this subsection in the 
     same manner as they applied to individuals making elections 
     under subsection (a)(5).
       ``(4) With respect to qualified individuals referred to in 
     paragraph (3)(A)(ii), no amount of educational assistance 
     allowance under this chapter shall be paid to the qualified 
     individual until the earlier of the date on which--
       ``(A) the Secretary concerned collects the applicable 
     amount under subparagraph (I) of such paragraph; or
       ``(B) the retired or retainer pay of the qualified 
     individual is first reduced under subparagraph (II) of such 
     paragraph.
       ``(5) The Secretary, in conjunction with the Secretary of 
     Defense, shall provide for notice to participants in the 
     educational benefits program under chapter 32 of this title 
     of the opportunity under this section to elect to become 
     entitled to basic educational assistance under this 
     chapter.''.
       (b) Conforming Amendment.--Section 3018C(b) is amended by 
     striking ``subsection (a)'' and inserting ``subsection (a) or 
     (e)''.

     SEC. 4. INCREASE IN RATES OF SURVIVORS AND DEPENDENTS 
                   EDUCATIONAL ASSISTANCE.

       (a) Survivors and Dependents Educational Assistance.--(1) 
     Section 3532 is amended--
       (A) in subsection (a)(1)--
       (i) by striking ``$485'' and inserting ``$720'';
       (ii) by striking ``$365'' and inserting ``$540''; and
       (iii) by striking ``$242'' and inserting ``$360'';
       (B) in subsection (a)(2), by striking ``$485'' and 
     inserting ``$720'';
       (C) in subsection (b), by striking ``$485'' and inserting 
     ``$720''; and
       (D) in subsection (c)(2)--
       (i) by striking ``$392'' and inserting ``$582'';
       (ii) by striking ``$294'' and inserting ``$436''; and
       (iii) by striking ``$196'' and inserting ``$291''.
       (2) The amendments made by paragraph (1) shall take effect 
     on October 1, 2002, and shall apply with respect to 
     educational assistance allowances paid for months after 
     September 2002.
       (3) In the case of an educational assistance allowance paid 
     for a month after September 2000 and before October 2002 
     under section 3532 of such title--
       (A) subsection (a)(1) of such section shall be applied by 
     substituting--
       (i) ``$600'' for ``$485'';
       (ii) ``$450'' for ``$365''; and
       (iii) ``$300'' for ``$242'';
       (B) subsection (a)(2) of such section shall be applied by 
     substituting ``$600'' for ``$485'';
       (C) subsection (b) of such section shall be applied by 
     substituting ``$600'' for ``$485''; and
       (D) subsection (c)(2) of such section shall be applied by 
     substituting--
       (i) ``$485'' for ``$392'';
       (ii) ``$364'' for ``$294''; and
       (iii) ``$242'' for ``$196''.
       (b) Correspondence Course.--(1) Section 3534(b) is amended 
     by striking ``$485'' and inserting ``$720''.
       (2) The amendment made by paragraph (1) shall take effect 
     on October 1, 2002, and shall apply with respect to 
     educational assistance allowances paid under section 3534(b) 
     of title 38, United States Code, for months after September 
     2002.
       (3) In the case of an educational assistance allowance paid 
     for a month after September 2000 and before October 2002 
     under section 3534 of such title, subsection (b) of such 
     section shall be applied by substituting ``$600'' for 
     ``$485''.
       (c) Special Restorative Training.--(1) Section 3542(a) is 
     amended--
       (A) by striking ``$485'' and inserting ``$720'';
       (B) by striking ``$152'' each place it appears and 
     inserting ``$225''; and
       (C) by striking ``$16.16'' and inserting ``$24''.
       (2) The amendments made by paragraph (1) shall take effect 
     on October 1, 2002, and shall apply with respect to 
     educational assistance allowances paid under section 3542(a) 
     of title 38, United States Code, for months after September 
     2002.
       (3) In the case of an educational assistance allowance paid 
     for a month after September 2000 and before October 2002 
     under section 3542 of such title, subsection (a) of such 
     section shall be applied by substituting--
       (A) ``$600'' for ``$485'';
       (B) ``$188'' for ``$152'' each place it appears; and
       (C) ``$20'' for ``$16.16''.
       (d) Apprenticeship Training.--(1) Section 3687(b)(2) is 
     amended--
       (A) by striking ``$353'' and inserting ``$524'';
       (B) by striking ``$264'' and inserting ``$392'';
       (C) by striking ``$175'' and inserting ``$260''; and
       (D) by striking ``$88'' and inserting ``$131''.
       (2) The amendments made by paragraph (1) shall take effect 
     on October 1, 2002, and shall apply with respect to 
     educational assistance allowances paid under section 
     3687(b)(2) of title 38, United States Code, for months after 
     September 2002.
       (3) In the case of an educational assistance allowance paid 
     for a month after September 2000 and before October 2002 
     under section 3687 of such title, subsection (b)(2) of such 
     section shall be applied by substituting--
       (A) ``$437'' for ``$353'';
       (B) ``$327'' for ``$264'';
       (C) ``$216'' for ``$175''; and
       (D) ``$109'' for ``$88''.
       (e) Provision for Annual Adjustments to Amounts of 
     Assistance.--
       (1) Chapter 35.--(A) Subchapter VI of chapter 35 is amended 
     by adding at the end the following new section:

     ``Sec. 3564. Annual adjustment of amounts of educational 
       assistance

       ``With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the rates payable under sections 3532, 3534(b), and 
     3542(a) of this title equal to the percentage by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds
       ``(2) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (B) The table of sections at the beginning of chapter 35 is 
     amended by inserting after the item relating to section 3563 
     the following new item:

``3564. Annual adjustment of amounts of educational assistance.''.

       (2) Chapter 36.--Section 3687 is amended by adding at the 
     end the following new subsection:
       ``(d) With respect to any fiscal year, the Secretary shall 
     provide a percentage increase (rounded to the nearest dollar) 
     in the rates payable under subsection (b)(2) equal to the 
     percentage by which--
       ``(1) the Consumer Price Index (all items, United States 
     city average) for the 12-month period ending on the June 30 
     preceding the beginning of the fiscal year for which the 
     increase is made, exceeds

[[Page 22673]]

       ``(2) such Consumer Price Index for the 12-month period 
     preceding the 12-month period described in paragraph (1).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply with respect to fiscal year 2002 and each fiscal 
     year beginning on or after October 1, 2003.

     SEC. 5. ADJUSTED EFFECTIVE DATE FOR AWARD OF SURVIVORS' AND 
                   DEPENDENTS' EDUCATIONAL ASSISTANCE.

       (a) In General.--Section 5113 is amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) in subsection (a), by striking ``subsection (b) of this 
     section'' and inserting ``subsections (b) and (c)''; and
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b)(1) When determining the effective date of an award of 
     survivors' and dependents' educational assistance under 
     chapter 35 of this title for an individual described in 
     paragraph (2) based on an original claim, the Secretary shall 
     consider the individual's application (under section 3513 of 
     this title) as having been filed on the effective date from 
     which the Secretary, by rating decision, determines that the 
     individual is entitled to such educational assistance (such 
     entitlement being based on the total service-connected 
     disability evaluated as permanent in nature, or the service-
     connected death, of the spouse or parent from whom the 
     individual's eligibility is derived) if that date is more 
     than 1 year before the date such rating decision is made.
       ``(2) An individual referred to in paragraph (1) is a 
     person who is eligible for educational assistance under 
     chapter 35 of this title by reason of subparagraph (A)(i), 
     (A)(ii), (B), or (D) of section 3501(a)(1) of this title 
     who--
       ``(A) submits to the Secretary an original application 
     under such section 3513 for such educational assistance 
     within 1 year of the date that the Secretary issues the 
     rating decision referred to in paragraph (1);
       ``(B) claims such educational assistance for an approved 
     program of education for months preceding the 1-year period 
     ending on the date on which the individual's application 
     under such section was received by the Secretary; and
       ``(C) would have been entitled to such educational 
     assistance for such course pursuit for such months, without 
     regard to this subsection, if the individual had submitted 
     such an application on the effective date from which the 
     Secretary determined the individual was eligible for such 
     educational assistance.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to applications first made under section 3513 of 
     title 38, United States Code, that--
       (1) are received on or after the date of the enactment of 
     this Act; or
       (2) on the date of the enactment of this Act, are pending 
     (A) with the Secretary of Veterans Affairs or (B) exhaustion 
     of available administrative and judicial remedies.

     SEC. 6. REVISION OF EDUCATIONAL ASSISTANCE INTERVAL PAYMENT 
                   REQUIREMENTS.

       (a) In General.--Subclause (C) of the third sentence of 
     section 3680(a) is amended to read as follows:
       ``(C) during periods between school terms where the 
     educational institution certifies the enrollment of the 
     eligible veteran or eligible person on an individual term 
     basis if: (i) the period between such terms does not exceed 8 
     weeks; and (ii) both the terms preceding and following the 
     period are not shorter in length than the period.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to payments of educational 
     assistance under title 38, United States Code, for months 
     beginning on or after the date of the enactment of this Act.

     SEC. 7. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR 
                   LICENSING OR CERTIFICATION TESTS.

       (a) In General.--Sections 3452(b) and 3501(a)(5) are each 
     amended by adding at the end the following new sentence: 
     ``Such term also includes licensing or certification tests, 
     the successful completion of which demonstrates an 
     individual's possession of the knowledge or skill required to 
     enter into, maintain, or advance in employment in a 
     predetermined and identified vocation or profession, provided 
     such tests and the licensing or credentialing organizations 
     or entities that offer such tests are approved by the 
     Secretary in accordance with section 3689 of this title.''.
       (b) Amount of Payment.--
       (1) Chapter 30.--Section 3032 is amended by adding at the 
     end the following new subsection:
       ``(g) Payment Amount for Licensing or Certification Test.--
     (1) Subject to paragraph (3), the amount of educational 
     assistance payable under this chapter for a licensing or 
     certification test described in section 3452(b) of this title 
     is the lesser of $2,000 or the fee charged for the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount of educational 
     assistance paid such individual for such test by the full-
     time monthly institutional rate of educational assistance 
     which, except for paragraph (1) of this subsection, such 
     individual would otherwise be paid under subsection (a)(1), 
     (b)(1), (d), or (e)(1) of section 3015 of this title, as the 
     case may be.
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this chapter.''.
       (2) Chapter 32.--Section 3232 is amended by adding at the 
     end the following new subsection:
       ``(c) Payment Amount for Licensing or Certification Test.--
     (1) Subject to paragraph (3), the amount of educational 
     assistance payable under this chapter for a licensing or 
     certification test described in section 3452(b) of this title 
     is the lesser of $2,000 or the fee charged for the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount paid to such 
     individual for such test by the full-time monthly 
     institutional rate of the educational assistance allowance 
     which, except for paragraph (1) of this subsection, such 
     individual would otherwise be paid under this chapter.
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this chapter.''.
       (3) Chapter 34.--Section 3482 is amended by adding at the 
     end the following new subsection:
       ``(h) Payment Amount for Licensing or Certification Test.--
     (1) Subject to paragraph (3), the amount of educational 
     assistance payable under this chapter for a licensing or 
     certification test described in section 3452(b) of this title 
     is the lesser of $2,000 or the fee charged for the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount paid to such 
     individual for such test by the full-time monthly 
     institutional rate of the educational assistance allowance 
     which, except for paragraph (1) of this subsection, such 
     individual would otherwise be paid under this chapter.
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this chapter.''.
       (4) Chapter 35.--Section 3532 is amended by adding at the 
     end the following new subsection:
       ``(f) Payment Amount for Licensing or Certification Test.--
     (1) Subject to paragraph (3), the amount of educational 
     assistance payable under this chapter for a licensing or 
     certification test described in section 3452(b) of this title 
     is the lesser of $2,000 or the fee charged for the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount paid to such 
     individual for such test by the full-time monthly 
     institutional rate of the educational assistance allowance 
     which, except for paragraph (1) of this subsection, such 
     individual would otherwise be paid under this chapter.
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this chapter.''.
       (c) Requirements for Licensing and Credentialing Testing.--
       (1) In general.--Chapter 36 is amended by inserting after 
     section 3688 the following new section:

     ``Sec. 3689. Approval requirements for licensing and 
       certification testing

       ``(a) In General.--(1) No payment may be made for a 
     licensing or certification test described in section 3452(b) 
     or section 3501(a)(5) of this title unless the Secretary 
     determines that the requirements of this section have been 
     met with respect to such test and the organization or entity 
     offering the test. The requirements of approval for tests and 
     organizations or entities offering tests shall be in 
     accordance with the relevant provisions of this part and with 
     such regulations promulgated by the Secretary to carry out 
     this section.
       ``(2) To the extent that the Secretary determines 
     practicable, State approving agencies may, in lieu of the 
     Secretary, approve licensing and certification tests, and 
     organizations and entities offering such tests, under this 
     section.
       ``(b) Requirements for Tests.--(1) Subject to paragraph 
     (2), a licensing or certification test is approved for 
     purposes of this section only if--
       ``(A) the test is required under Federal, State, or local 
     law or regulation for an individual to enter into, maintain, 
     or advance in employment in a predetermined and identified 
     vocation or profession; or
       ``(B) the Secretary determines that the test is generally 
     accepted, in accordance with relevant government, business, 
     or industry standards, employment policies, or hiring 
     practices, as attesting to a level of knowledge or skill 
     required to qualify to enter into, maintain, or advance in 
     employment in a predetermined and identified vocation or 
     profession.
       ``(2) A licensing or certification test offered by a State, 
     or a political subdivision of the State, is deemed approved 
     by the Secretary.
       ``(c) Requirements for Organizations or Entities Offering 
     Tests.--(1) Each organization or entity that is not an entity 
     of the United States, a State, or political subdivision of a 
     State, that offers a licensing or certification test for 
     which payment may be made under this part, and that meets the 
     following requirements shall be approved by the Secretary to 
     offer such test:
       ``(A) The organization or entity certifies to the Secretary 
     that each licensing or certification

[[Page 22674]]

     test offered by the organization or entity is required to 
     obtain the license or certificate required to enter into, 
     maintain, or advance in employment in a predetermined and 
     identified vocation or profession.
       ``(B) The organization or entity is licensed, chartered, or 
     incorporated in a State and has offered such tests for a 
     minimum of 2 years before the date on which the organization 
     or entity first submits to the Secretary an application for 
     approval under this section.
       ``(C) The organization or entity employs, or consults with, 
     individuals with expertise or substantial experience with 
     respect to all areas of knowledge or skill that are measured 
     by the test and that are required for the license of 
     certificate issued.
       ``(D) The organization or entity has no direct financial 
     interest in--
       ``(i) the outcome of a test; or
       ``(ii) organizations that provide the education or training 
     of candidates for licenses or certificates required for 
     vocations or professions.
       ``(E) The organization or entity maintains appropriate 
     records with respect to all candidates who take such a test 
     for a period prescribed by the Secretary, but in no case for 
     a period of less than 3 years.
       ``(F)(i) The organization or entity promptly issues notice 
     of the results of the test to the candidate for the license 
     or certificate.
       ``(ii) The organization or entity has in place a process to 
     review complaints submitted against the organization or 
     entity with respect to a test the organization or entity 
     offers or the process for obtaining a license or certificate 
     required for vocations or professions.
       ``(G) The organization or entity furnishes to the Secretary 
     such information with respect to a licensing or certification 
     test offered by the organization or entity as the Secretary 
     requires to determine whether payment may be made for the 
     test under this part, including personal identifying 
     information, fee payment, and test results. Such information 
     shall be furnished in the form prescribed by the Secretary.
       ``(H) The organization or entity furnishes to the Secretary 
     the following information:
       ``(i) A description of each licensing or certification test 
     offered by the organization or entity, including the purpose 
     of each test, the vocational, professional, governmental, and 
     other entities that recognize the test, and the license of 
     certificate issued upon successful completion of the test.
       ``(ii) The requirements to take such a test, including the 
     amount of the fee charged for the test and any prerequisite 
     education, training, skills, or other certification.
       ``(iii) The period for which the license or certificate 
     awarded upon successful completion of such a test is valid, 
     and the requirements for maintaining or renewing the license 
     or certificate.
       ``(I) Upon request of the Secretary, the organization or 
     entity furnishes such information to the Secretary that the 
     Secretary determines necessary to perform an assessment of--
       ``(i) the test conducted by the organization or entity as 
     compared to the level of knowledge or skills that a license 
     or certificate attests; and
       ``(ii) the applicability of the test over such periods of 
     time as the Secretary determines appropriate.
       ``(2) With respect to each organization or entity that is 
     an entity of the United States, a State, or political 
     subdivision of a State, that offers a licensing or 
     certification test for which payment may be made under this 
     part, the following provisions of paragraph (1) shall apply 
     to the entity: subparagraphs (E), (F), (G), and (H).
       ``(d) Administration.--(1) Except as otherwise specifically 
     provided in this section or part, in implementing this 
     section and making payment under this part for a licensing or 
     certification test, the test is deemed to be a `course' and 
     the organization or entity that offers such test is deemed to 
     be an `institution' or `educational institution', 
     respectively, as those terms are applied under and for 
     purposes of sections 3671, 3673, 3674, 3678, 3679, 3681, 
     3682, 3683, 3685, 3690, and 3696 of this title.
       ``(2) The Secretary shall use amounts appropriated to the 
     Department in fiscal year 2001 for readjustment benefits to 
     develop the systems and procedures required to make payments 
     under this part for a licensing or certification test, such 
     amounts not to exceed $3,000,000.
       ``(e) Professional Certification and Licensure Advisory 
     Committee.--(1) There is established within the Department a 
     committee to be known as the Professional Certification and 
     Licensure Advisory Committee (hereafter in this section 
     referred to as the `Committee').
       ``(2) The Committee shall advise the Secretary with respect 
     to the requirements of organizations or entities offering 
     licensing and certification tests to individuals for which 
     payment for such tests may be made under this part, and such 
     other related issues as the Committee determines to be 
     appropriate.
       ``(3)(A) The Secretary shall appoint five individuals with 
     expertise in matters relating to licensing and certification 
     tests to serve as members of the Committee, of whom--
       ``(i) one shall be a representative of the Coalition for 
     Professional Certification;
       ``(ii) one shall be a representative of the Council on 
     Licensure and Enforcement; and
       ``(iii) one shall be a representative of the National Skill 
     Standards Board (established under section 503 of the 
     National Skill Standards Act of 1994 (20 U.S.C. 5933)).
       ``(B) The Secretary of Labor and the Secretary of Defense 
     shall serve as ex-officio members of the Committee.
       ``(C) A vacancy in the Committee shall be filled in the 
     manner in which the original appointment was made.
       ``(4)(A) The Secretary shall appoint the chairman of the 
     Committee.
       ``(B) The Committee shall meet at the call of the chairman.
       ``(C)(i) Members of the Committee shall serve without 
     compensation.
       ``(ii) Members of the Committee shall be allowed reasonable 
     and necessary travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for persons serving 
     intermittently in the Government service in accordance with 
     the provisions of subchapter I of chapter 57 of title 5 while 
     away from their homes or regular places of business in the 
     performance of the responsibilities of the Committee.
       ``(5) The Committee shall terminate December 31, 2006.''.
       (2) Clerical Amendment.--The table of sections at the 
     beginning of chapter 36 is amended by inserting after the 
     item relating to section 3688 the following new item:

``3689. Approval requirements for licensing and certification 
              testing.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2000, and apply with respect 
     to licensing and certification tests approved by the 
     Secretary on or after such date.

     SEC. 8. EXTENSION OF CERTAIN TEMPORARY AUTHORITIES.

       (a) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2) 
     is amended by striking ``December 31, 2002'' and inserting 
     ``December 31, 2008''.
       (b) Home Loan Fees.--Section 3729(a) is amended--
       (1) in paragraph (4)(B)--
       (A) by striking ``2002'' and inserting ``2008''; and
       (B) by striking ``2003'' and inserting ``2009''; and
       (2) in paragraph (5)(C), by striking ``October 1, 2002'' 
     and inserting ``October 1, 2008''.
       (c) Procedures Applicable to Liquidation Sales on Defaulted 
     Home Loans Guaranteed by the Department of Veterans 
     Affairs.--Section 3732(c)(11) is amended by striking 
     ``October 1, 2002'' and inserting ``October 1, 2008''.
       (d) Income Verification Authority.--Section 5317(g) is 
     amended by striking ``September 30, 2002'' and inserting 
     ``September 30, 2008''.
       (e) Limitation on Pension for Certain Recipients of 
     Medicaid-covered Nursing Home Care.--Section 5503(f)(7) is 
     amended by striking ``September 30, 2002'' and inserting 
     ``September 30, 2008''.

     SEC. 9. CODIFICATION OF RECURRING PROVISIONS IN ANNUAL 
                   DEPARTMENT OF VETERANS AFFAIRS APPROPRIATIONS 
                   ACTS.

       (a) Codification of Recurring Provisions.--(1) Section 313 
     is amended by adding at the end the following new 
     subsections:
       ``(c) Compensation and Pension.--Funds appropriated for 
     Compensation and Pensions are available for the following 
     purposes:
       ``(1) The payment of compensation benefits to or on behalf 
     of veterans as authorized by section 107 and chapters 11, 13, 
     51, 53, 55, and 61 of this title.
       ``(2) Pension benefits to or on behalf of veterans as 
     authorized by chapters 15, 51, 53, 55, and 61 of this title 
     and section 306 of the Veterans' and Survivors' Pension 
     Improvement Act of 1978.
       ``(3) The payment of benefits as authorized under chapter 
     18 of this title.
       ``(4) Burial benefits, emergency and other officers' 
     retirement pay, adjusted-service credits and certificates, 
     payments of premiums due on commercial life insurance 
     policies guaranteed under the provisions of article IV of the 
     Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. 
     App. 540 et seq.), and other benefits as authorized by 
     sections 107, 1312, 1977, and 2106 and chapters 23, 51, 53, 
     55, and 61 of this title and the World War Adjusted 
     Compensation Act (43 Stat. 122, 123), the Act of May 24, 1928 
     (Public Law No. 506 of the 70th Congress; 45 Stat. 735), and 
     Public Law 87-875 (76 Stat. 1198).
       ``(d) Medical Care.--Funds appropriated for Medical Care 
     are available for the following purposes:
       ``(1) The maintenance and operation of hospitals, nursing 
     homes, and domiciliary facilities.
       ``(2) Furnishing, as authorized by law, inpatient and 
     outpatient care and treatment to beneficiaries of the 
     Department, including care and treatment in facilities not 
     under the jurisdiction of the Department.
       ``(3) Furnishing recreational facilities, supplies, and 
     equipment.
       ``(4) Funeral and burial expenses and other expenses 
     incidental to funeral and burial expenses for beneficiaries 
     receiving care from the Department.
       ``(5) Administrative expenses in support of planning, 
     design, project management, real property acquisition and 
     disposition, construction, and renovation of any facility 
     under the jurisdiction or for the use of the Department.
       ``(6) Oversight, engineering, and architectural activities 
     not charged to project cost.
       ``(7) Repairing, altering, improving, or providing 
     facilities in the medical facilities and homes under the 
     jurisdiction of the Department, not otherwise provided for, 
     either by contact or by the hire of temporary employees and 
     purchase of materials.
       ``(8) Uniforms or uniform allowances, as authorized by 
     sections 5901 and 5902 of title 5.
       ``(9) Aid to State homes, as authorized by section 1741 of 
     this title.
       ``(10) Administrative and legal expenses of the Department 
     for collecting and recovering

[[Page 22675]]

     amounts owed the Department as authorized under chapter 17 of 
     this title and Public Law 87-693, popularly known as the 
     Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.).
       ``(e) Medical Administration and Miscellaneous Operating 
     Expenses.--Funds appropriated for Medical Administration and 
     Miscellaneous Operating Expenses are available for the 
     following purposes:
       ``(1) The administration of medical, hospital, nursing 
     home, domiciliary, construction, supply, and research 
     activities authorized by law.
       ``(2) Administrative expenses in support of planning, 
     design, project management, architectural work, engineering, 
     real property acquisition and disposition, construction, and 
     renovation of any facility under the jurisdiction or for the 
     use of the Department, including site acquisition.
       ``(3) Engineering and architectural activities not charged 
     to project costs.
       ``(4) Research and development in building construction 
     technology.
       ``(f) General Operating Expenses.--Funds appropriated for 
     General Operating Expenses are available for the following 
     purposes:
       ``(1) Uniforms or allowances therefor.
       ``(2) Hire of passenger motor vehicles.
       ``(3) Reimbursement of the General Services Administration 
     for security guard services.
       ``(4) Reimbursement of the Department of Defense for the 
     cost of overseas employee mail.
       ``(5) Administration of the Service Members Occupational 
     Conversion and Training Act of 1992 (10 U.S.C. 1143 note).
       ``(g) Construction.--Funds appropriated for Construction, 
     Major Projects, and for Construction, Minor Projects, are 
     available, with respect to a project, for the following 
     purposes:
       ``(1) Planning.
       ``(2) Architectural and engineering services.
       ``(3) Maintenance or guarantee period services costs 
     associated with equipment guarantees provided under the 
     project.
       ``(4) Services of claims analysts.
       ``(5) Offsite utility and storm drainage system 
     construction costs.
       ``(6) Site acquisition.
       ``(h) Construction, Minor Projects.--In addition to the 
     purposes specified in subsection (g), funds appropriated for 
     Construction, Minor Projects, are available for--
       ``(1) repairs to any of the nonmedical facilities under the 
     jurisdiction or for the use of the Department which are 
     necessary because of loss or damage caused by a natural 
     disaster or catastrophe; and
       ``(2) temporary measures necessary to prevent or to 
     minimize further loss by such causes.''.
       (2)(A) Chapter 1 is amended by adding at the end the 
     following new section:

     ``Sec. 116. Definition of cost of direct and guaranteed loans

       ``For the purpose of any provision of law appropriating 
     funds to the Department for the cost of direct or guaranteed 
     loans, the cost of any such loan, including the cost of 
     modifying any such loan, shall be as defined in section 502 
     of the Congressional Budget Act of 1974 (2 U.S.C. 661a).''.
       (B) The table of sections at the beginning of such chapter 
     is amended by adding at the end the following new item:

``116. Definition of cost of direct and guaranteed loans.''.

       (b) Effective Date.--Subsections (c) through (h) of section 
     313 of title 38, United States Code, as added by subsection 
     (a)(1), and section 116 of such title, as added by subsection 
     (a)(2), shall take effect with respect to funds appropriated 
     for fiscal year 2002.

     SEC. 10. PRESERVATION OF CERTAIN REPORTING REQUIREMENTS.

       (a) Inapplicability of Prior Reports Termination Provision 
     to Certain Reports of the Department of Veterans Affairs.--
     Section 3003(a)(1) of the Federal Reports Elimination and 
     Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to 
     any report required to be submitted under any of the 
     following: sections 503(c), 529, 541(c), 542(c), 3036, and 
     7312(d) of title 38, United States Code.
       (b) Repeal of Reporting Requirements Terminated by Prior 
     Law.--Sections 8111A(f) and 8201(h) are repealed.
       (c) Sunset of Certain Reporting Requirements.--
       (1) Annual report on equitable relief cases.--Section 
     503(c) is amended by adding at the end the following new 
     sentence: ``No report shall be required under this subsection 
     after December 31, 2004.''.
       (2) Biennial report of advisory committee on former 
     prisoners of war.--Section 541(c)(1) is amended by inserting 
     ``through 2003'' after ``each odd-numbered year''.
       (3) Biennial report of advisory committee on women 
     veterans.--Section 542(c)(1) is amended by inserting 
     ``through 2004'' after ``each even-numbered year''.
       (4) Biennial reports on montgomery gi bill.--Subsection (d) 
     of section 3036 is amended to read as follows:
       ``(d) No report shall be required under this section after 
     January 1, 2005.''.
       (5) Annual report of special medical advisory group.--
     Section 7312(d) is amended by adding at the end the following 
     new sentence: ``No report shall be required under this 
     subsection after December 31, 2004.''.
       (d) Cost Information To Be Provided With Each Report 
     Required by Congress.--
       (1) In general.--(A) Chapter 1, as amended by section 
     9(2)(A), is further amended by adding at the end the 
     following new section:

     ``Sec. 117. Reports to Congress: cost information

       ``Whenever the Secretary submits to Congress, or any 
     committee of Congress, a report that is required by law or by 
     a joint explanatory statement of a committee of conference of 
     the Congress, the Secretary shall include with the report--
       ``(1) a statement of the cost of preparing the report; and
       ``(2) a brief explanation of the methodology used in 
     preparing that cost statement.''.
       (B) The table of sections at the beginning of such chapter, 
     as amended by section 9(2)(B), is further amended by adding 
     at the end the following new item:

``117. Reports to Congress: cost information.''.

       (2) Effective Date.--Section 117 of title 38, United States 
     Code, as added by paragraph (1) of this subsection, shall 
     apply with respect to any report submitted by the Secretary 
     of Veterans Affairs after the end of the 90-day period 
     beginning on the date of the enactment of this Act.


                           Amendment No. 4314

  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendments with a further amendment which is at the 
desk.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the amendment.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. Murkowski] for Mr. Specter, 
     proposes an amendment numbered 4314.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. MURKOWSKI. Mr. President, I ask unanimous consent that an 
explanatory statement be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

 EXPLANATORY STATEMENT ON SENATE AMENDMENTS TO HOUSE AMENDMENTS TO S. 
                            1402, AS AMENDED

       The Senate amendments to the House amendments to S. 1402, 
     as amended, reflect a compromise agreement that the House and 
     Senate Committees on Veterans' Affairs have reached on H.R. 
     284, H.R. 4268, H.R. 4850, H.R. 5109, H.R. 5139, H.R. 5346, 
     H. Con. Res. 413, S. 1076, S. 1402, and S. 1810. On May 23, 
     2000, the House passed S. 1402 with an amendment consisting 
     of the text of H.R. 4268 as reported. H.R. 4850 passed the 
     House on July 25, 2000. H.R. 5109 passed the House on 
     September 21, 2000. H.R. 284 passed the House on October 3, 
     2000. S. 1076 passed the Senate on September 8, 1999, and S. 
     1810 passed the Senate on September 21, 2000. S. 1402 passed 
     the Senate on July 26, 1999. H. Con. Res. 413 was introduced 
     on September 28, 2000. H.R. 5346 was introduced on September 
     29, 2000. H.R. 5139 passed the House on October 3, 2000.
       The House and Senate Committees on Veterans' Affairs have 
     prepared the following explanation of S. 1402, as amended 
     (hereinafter referred to as the ``Compromise Agreement''). 
     Differences between the provisions contained in the 
     Compromise Agreement and the related provisions of H.R. 284, 
     H.R. 4268, H.R. 4850, H.R. 5109, S. 1076, S. 1402, and S. 
     1810 are noted in this document, except for clerical 
     corrections, conforming changes made necessary by the 
     Compromise Agreement and minor drafting, technical and 
     clarifying changes.

               TITLE I--EDUCATIONAL ASSISTANCE PROVISIONS

         Subtitle A--Montgomery GI Bill Educational Assistance


increase in rates of basic educational assistance under the montgomery 
                                gi bill

     Current Law
       Section 3011 of title 38, United States Code, establishes 
     basic educational assistance entitlement under the All-
     Volunteer Force Educational Assistance Program (commonly 
     referred to as the ``Montgomery GI Bill'' or ``MGIB'') Active 
     Duty program. Section 3015 establishes the base amount of 
     such educational assistance at the monthly rate of $528 for a 
     3-year period of service and $429 for a 2-year period of 
     service. These amounts increased to $552 per month and $449 
     per month, respectively, on October 1, 2000.
     House Bill
       Section 2 of the House amendments to S. 1402 would increase 
     the current monthly rate of basic education benefits to $600 
     per month effective October 1, 2000, and to $720 per month on 
     October 1, 2002, for full-time students. The monthly rate for 
     2-year enlistees would increase to $487 per month effective 
     October 1, 2000, and to $585 per month on October 1, 2002. 
     This section provides parallel increases for part-time 
     students and similar adjustments to the rates paid for 
     correspondence and other types of training. No cost-of-living 
     increases would be made in fiscal years 2001 and 2003.
     Senate Bill
       Section 4 of S. 1402 would increase the monthly rate of 
     basic education benefits to $600 per month for 3-year 
     enlistees and $488 per month for 2-year enlistees.
     Compromise Agreement
       Under section 101 of the compromise agreement, effective 
     November 1, 2000, the basic

[[Page 22676]]

     education benefit would be increased from $552 per month 
     (effective October 1, 2000) to $650 per month for a 3-year 
     period of service, and $528 per month for a 2-year period of 
     service.


   uniform requirement for high school diploma or equivalency before 
              application for montgomery gi bill benefits

     Current Law
       To be eligible to receive educational assistance, section 
     3011(a)(2) of title 38, United States Code, requires that a 
     servicemember complete the requirements of a secondary school 
     diploma (or equivalent certificate) before the end of the 
     individual's initial obligated period of active duty. Section 
     3012(a)(2) contains a similar requirement for servicemembers 
     who serve 2 years of active duty as part of a 6-year Selected 
     Reserve commitment.
     Senate Bill
       Section 111 of S. 1810 would create a single, uniform 
     secondary school diploma requirement as a prerequisite for 
     eligibility for education benefits--a requirement that, prior 
     to applying for benefits, the applicant will have received a 
     high school diploma or equivalency certificate, or will have 
     completed the equivalent of 12 semester hours in a program of 
     education leading to a standard college degree.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 102 of the compromise agreement follows the Senate 
     language, modified to reflect a new 10-year eligibility 
     period for individuals affected by this provision, which 
     would begin tolling on such individual's last discharge (or 
     release from active duty) or the effective date of this Act, 
     whichever is later.


 repeal of requirement for initial obligated period of active duty as 
        condition of eligibility for montgomery gi bill benefits

     Current Law
       Sections 3011(a)(1)(A)(i) and 3012(a)(1)(A)(i) of title 38, 
     United States Code, set forth initial-period-of-active-duty 
     requirements to earn basic educational assistance entitlement 
     under the Montgomery GI Bill. The period within which a 
     servicemember's eligibility for educational assistance can be 
     established is currently restricted to the initial period of 
     active duty service.
     Senate Bill
       Section 112 of S. 1810 would strike the requirement that 
     MGIB benefit entitlement be predicated on serving an 
     ``initial'' period of obligated service and substitute in its 
     place a requirement that an obligated period of active duty 
     be served.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 103 of the compromise agreement follows the Senate 
     language with a clarifying amendment that for an obligated 
     period of service of at least 3 years, the servicemember 
     would have to complete at least 30 months of continuous 
     active duty under that period of obligated service. In 
     addition, the compromise agreement contains a modification to 
     reflect a new 10-year eligibility period for individuals 
     affected by this provision, which would begin tolling on such 
     individual's last discharge (or release from active duty) or 
     the effective date of this Act, whichever is later.


additional opportunity for certain veap participants to enroll in basic 
            educational assistance under montgomery gi bill

     Current Law
       Section 3018C of title 38, United States Code, furnishes an 
     opportunity for certain post-Vietnam-era Veterans' 
     Educational Assistance Program (VEAP) participants to convert 
     to the Montgomery GI Bill (MGIB) if the individual was a 
     participant in VEAP on October 9, 1996, was serving on active 
     duty on that date, meets high school diploma or equivalency 
     requirements before applying for MGIB benefits, is discharged 
     from active duty after the individual makes the election to 
     convert, and during the 1-year period beginning on October 9, 
     1996, makes an irrevocable election to receive benefits under 
     the MGIB in lieu of VEAP, and also elects a $1,200 pay 
     reduction.
     House Bill
       Section 3 of the House amendments to S. 1402 would furnish 
     individuals who have served continuously on active duty since 
     October 9, 1996, through at least April 1, 2000, and who 
     either turned down a previous opportunity to convert to the 
     MGIB or had a zero balance in their VEAP account, the option 
     to pay $2,700 to convert to the MGIB program; individuals 
     would have 12 months to elect to convert and 18 months to 
     make payment.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 104 of the compromise agreement contains the House 
     language.


 increased active duty educational assistance benefit for contributing 
                                members

     Current Law
       Section 3011(b) of title 38, United States Code, requires 
     servicemembers who elect to participate in the Montgomery GI 
     Bill program to participate in a voluntary pay reduction of 
     $100 per month for the first 12 months of active service to 
     establish entitlement to basic educational assistance.
     Senate Bill
       Section 6 of S. 1810 would allow servicemembers who have 
     not opted out of MGIB participation to increase the monthly 
     rate of educational benefits they will receive after service 
     by making contributions, at any time prior to leaving 
     service, over and above the $1,200 basic pay reduction 
     necessary to establish MGIB eligibility. Under section 6, a 
     servicemember could contribute up to an additional $600 in 
     multiples of $4. The monthly rate of basic educational 
     assistance would be increased by $1 per month for each $4 so 
     contributed. Thus, MGIB participants who ``use up'' their 
     full 36 months of MGIB benefits would receive a 9-to-1 return 
     on their additional contribution investment. A maximum in-
     service contribution of $600 would yield an additional $5,400 
     of entitlement to the 36-month MGIB benefit.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 105 of the compromise agreement follows the Senate 
     language with amendments to make this provision effective May 
     1, 2001, and to make eligible any servicemember who was on 
     active duty on the date of enactment and subsequently 
     discharged between date of enactment and May 1, 2001 to have 
     until July 31, 2001. These individuals would have until July 
     31, 2001, to make an election to ``buy up'' additional 
     benefits.

     Subtitle B--Survivors' and Dependents' Educational Assistance


 increase in rates of survivors' and dependents' educational assistance

     Current Law
       Section 3532 of title 38, United States Code, provides 
     survivors' and dependents' educational assistance (DEA) 
     allowances of $485 per month for full-time school attendance, 
     with lesser amounts for part-time training. Generally, 
     eligible survivors and dependents include unremarried spouses 
     of veterans who died or are permanently or totally disabled 
     or servicemembers who are missing in action or captured for 
     more than 90 days by a hostile force or detained or interned 
     for more than 90 days by a foreign government. Under section 
     3534, such benefits are also available for correspondence 
     courses, special restorative training, and apprenticeship 
     training.
     House Bill
       Section 4 of the House amendments to S. 1402 would increase 
     DEA benefits for full-time classroom training students to 
     $600 per month effective October 1, 2000, and $720 per month 
     effective October 1, 2002, with parallel increases for part-
     time students and similar adjustments to the rates paid for 
     correspondence and other types of training. Apprenticeship 
     training would increase from $353 to $437 per month effective 
     October 1, 2000, and $524 per month effective October 1, 
     2002. This provision also requires annual cost-of-living 
     allowances for DEA benefits.
     Senate Bill
       Section 5 of S. 1402 would increase the full-time rate of 
     DEA benefits by 13.6 percent to $550 per month, and make 
     parallel increases in the benefit rates afforded to three-
     quarter time and half-time students. Increases of 13.6 
     percent in the amounts for correspondence courses, special 
     restorative training, and apprenticeship training would also 
     be afforded.
     Compromise Agreement
       Under section 111 of the compromise agreement, effective 
     November 1, 2000, the basic education benefit for survivors 
     and dependents would increase from $485 per month to $588 per 
     month, with future annual cost-of-living increases effective 
     October 1, 2001.


election of certain recipients of commencement of period of eligibility 
         for survivors' and dependents' educational assistance

     Current Law
       Section 3512(a)(3) of title 38, United States Code, 
     provides that if the Secretary first finds that the parent 
     from whom eligibility for DEA benefits is derived has a total 
     and permanent service-connected disability, or if the death 
     of the parent from whom eligibility is derived occurs between 
     an eligible child's 18th and 26th birthdays, then such 
     eligibility period shall end 8 years after whichever date 
     last occurs: (1) the date on which the Secretary first finds 
     that the parent from whom eligibility is derived has a total 
     and permanent service-connected disability, or (2) the date 
     of death of the parent from whom eligibility is derived. 
     ``First finds'' is defined in this section as either the date 
     the Secretary notifies an eligible parent of total and 
     permanent service-connected disability or the effective date 
     of such disability award.
     Senate Bill
       Section 114 of S. 1810 would allow a child to elect the 
     beginning date of eligibility for

[[Page 22677]]

     DEA benefits that is between (1) in the case of a child whose 
     eligibility is based on a parent who has a total and 
     permanent service-connected disability, the effective date of 
     the rating determination and the date of notification by the 
     Secretary for such disability, (2) in the case of a child 
     whose eligibility is based on the death of a parent, the date 
     of the parent's death and the date of the Secretary's 
     decision that the death was service-connected.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 112 of the compromise agreement contains the Senate 
     language.


    adjusted effective date for award of survivors' and dependents' 
                         educational assistance

     Current Law
       Section 5113 of title 38, United States Code, states that 
     except for the effective date of adjusted benefits, dates 
     relating to awards under chapters 30, 31, 32, 34, and 35, or 
     chapter 1606 of title 10 shall, to the extent feasible, 
     correspond to effective dates relating to awards of 
     disability compensation.
     House Bill
       Section 4 of the House amendments to S. 1402 would permit 
     the award of DEA benefits to be retroactive to the date of 
     the entitling event, that is, service-connected death or 
     award of a total and permanent service-connected disability. 
     This provision would be limited to eligible persons who 
     submit an original claim for DEA benefits within 1 year after 
     the date of the rating decision first establishing the 
     person's entitlement.
     Senate Bill
       Section 115 of S. 1810 would tie the effective date of 
     award for DEA benefits to the date of the entitling event, 
     i.e., the date of a veteran's service-connected death or 
     award of a permanent and total disability rating. This 
     provision would be limited to eligible persons who submit an 
     original claim for DEA benefits within 1 year after the date 
     of the rating decision first establishing the person's 
     entitlement.
     Compromise Agreement
       Section 113 of the compromise agreement contains the Senate 
     language.


availability under survivors' and dependents' educational assistance of 
    preparatory courses for college and graduate school requirements

     Current Law
       Sections 3002(3) and 3501(a)(5) of title 38, United States 
     Code, define the ``program of education'' for which veterans 
     and surviving spouses and children, receive educational 
     assistance benefits. Section 701 of Public Law 106-118 
     modified section 3002(3) of title 38, United States Code, to 
     permit a veteran to use benefits for preparatory courses. 
     Examples of preparatory courses include courses for 
     standardized tests used for admission to college or graduate 
     school.
     Senate Bill
       Section 113 of S. 1810 would allow survivors'' and 
     dependents' educational assistance benefits to be provided 
     for use on preparatory courses.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 114 of the compromise agreement follows the Senate 
     language with an amendment clarifying that qualifying persons 
     may pursue preparatory courses prior to the person's 18th 
     birthday.

               Subtitle C--General Educational Assistance


    revision of educational assistance interval payment requirements

     Current Law
       Section 3680(a)(C) of title 38, United States Code, allows 
     VA to pay educational assistance for periods between a term, 
     semester, or quarter if the interval between these periods 
     does not exceed one calendar month.
     House Bill
       Section 6 of the House amendments to S. 1402 would allow 
     monthly educational assistance benefits to be paid between 
     term, quarter, or semester intervals of up to 8 weeks.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 121 of the compromise agreement contains the House 
     language.


    availability of education benefits for payment for licensing or 
                          certification tests

     Current Law
       Chapters 30, 31, 32, 34, 35, and 36 of title 38, United 
     States Code, do not currently authorize use of VA educational 
     assistance benefits for occupational licensing or 
     certification tests.
     House Bill
       Section 7 of the House amendments to S. 1402 would allow 
     veterans' and DEA benefits to be used for up to $2,000 in 
     fees for civilian occupational licensing or certification 
     examinations that are necessary to enter, maintain, or 
     advance into employment in a vocation or profession. This 
     section would establish various requirements regarding the 
     use of such entitlement and requirements for organizations or 
     entities offering licensing or certification tests. This 
     section also establishes minimum approval requirements of a 
     licensing or certification body, requirements for tests, 
     requirements for organizations or entities offering these 
     tests, VA administrative authority (including a requirement 
     to develop the computer systems and procedures to make 
     payments to beneficiaries for these tests), and a seven-
     member, organization-specific VA Professional Certification 
     and Licensing Advisory Committee.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 122 of the compromise agreement follows the House 
     language with an amendment that the Secretary shall name 
     seven individuals to the VA Professional Certification and 
     Licensing Advisory Committee, an amendment that deletes 
     specific names of organizations from which members shall be 
     named, and an amendment that deletes the requirement that 
     members shall serve without compensation.


  increase for fiscal years 2001 and 2002 in aggregate annual amount 
   available for state approving agencies for administrative expenses

     Current Law
       Section 3674(a)(4) of title 38, United States Code, makes 
     available amounts not exceeding $13 million in each fiscal 
     year for duties carried out by State Approving Agencies.
     House Bill
       The House bills contain no comparable provision.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 123 of the compromise agreement amends the amount 
     available for State Approving Agencies to $14 million for 
     fiscal year 2001 and fiscal year 2002.

                      TITLE II--HEALTH PROVISIONS

                     Subtitle A--Personnel Matters


annual national pay comparability adjustment for nurses employed by the 
                     department of veterans affairs

     Current Law
       The rate of pay for VA nurses is determined using a 
     mechanism contained in Subchapter IV of Chapter 74, title 38, 
     United States Code. The law links changes in total pay to 
     nurse compensation trends in local health care labor markets. 
     This locality pay feature has not always produced the results 
     envisioned by Congress. For example, even though many VA 
     nurses received very substantial one-time increases as a 
     consequence of the 1990 restructuring of basic pay, some VA 
     nurses have not received any additional pay raises since that 
     time.
     House Bill
       Section 101 of H.R. 5109 would reform the local labor 
     market survey process and replace it with a discretionary 
     survey technique. The bill would provide more flexibility to 
     VA medical center directors to obtain the data needed to 
     complete necessary surveys and also restrict their authority 
     to withhold indicated rate increases. Directors would be 
     prohibited from reducing nurse pay. In addition, the House 
     bill would also guarantee VA nurses a national comparability 
     increase equivalent to the amount provided to other federal 
     employees. The bill also would require Veterans Health 
     Administration network directors to consult with nurses on 
     questions of policy affecting the work of VA nurses, and 
     would provide for registered nurses' participation on medical 
     center committees considering clinical care, budget matters, 
     or resource allocation involving the care and treatment of 
     veteran patients.
     Senate Bill
       Senate bills contain no comparable provision.
     Compromise Agreement
       Section 201 of the compromise agreement contains the House 
     language.


                        special pay for dentists

     Current Law
       Subchapter III of Chapter 74, title 38, United States Code, 
     authorizes special pay to physicians and dentists employed in 
     the Veterans Health Administration. This authority is 
     intended to improve recruitment and retention of dentists and 
     physicians.
     House Bill
       Section 102 of H.R. 5109 would revise and increase the 
     rates of special pay for VA dentists. This is the first 
     proposed change in these rates since 1991.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 202 of the compromise agreement contains the House 
     language. The Committees urge medical center directors to 
     utilize the full range of pay increases authorized, including 
     increases in the higher range, to optimize dentist 
     recruitment and retention efforts.

[[Page 22678]]




     EXEMPTION FOR PHARMACISTS FROM CEILING ON SPECIAL SALARY RATES

     Current Law
       Under section 7455 of title 38, United States Code, VA has 
     authority to increase rates of basic pay for certain health 
     care personnel--either nationally, locally or on another 
     geographic basis--when deemed necessary for successful 
     recruiting and retention. Special rates may be granted in 
     response to salaries in local labor markets, but may not 
     enable VA to be a pay leader. With limited exceptions, the 
     law restricts such ``special salary rates'' to a maximum pay 
     rate, but exempts two categories of health care personnel 
     from that statutory ceiling: nurse anesthetists and physical 
     therapists.
     House Bill
       Section 103 of H.R. 5109 adds VA pharmacists to the 
     existing categories of VA personnel exempted from such 
     statutory pay ceilings. This amendment would enable VA to 
     improve retention of the most senior members of the current 
     pharmacy workforce and would improve its competitiveness in 
     recruiting new pharmacists.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 203 of the compromise agreement contains the House 
     language.


     TEMPORARY FULL-TIME APPOINTMENTS OF CERTAIN MEDICAL PERSONNEL

     Current Law
       Section 7405 of title 38, United States Code, authorizes VA 
     to provide temporary appointments of individuals in certain 
     professions, including nursing, pharmacy, and respiratory, 
     physical, and occupational therapy, who have successfully 
     completed a full course of study but who are pending 
     registration, licensure, or certification. Upon obtaining the 
     required credentials, these professionals may be converted to 
     career appointments. This temporary appointment authority 
     provides VA a means of recruiting new health professionals 
     still in the process of meeting the technical qualification 
     standards pertinent to their fields.
       However, VA must now limit physician assistants (PAs) 
     waiting to take the PA certification examination to a general 
     1 year, nonrenewable appointment. Since the national 
     certification examination is only offered once a year, this 
     1-year appointment limits VA's efforts to provide a smooth 
     transition from a training appointment to a permanent 
     appointment for such graduates.
     House Bill
       Section 105 of H.R. 5109 would amend section 7405(c)(2) of 
     title 38, United States Code, to add the position of 
     physician assistant to the existing group of professional and 
     technical occupations for which VA may make temporary 
     graduate technician appointments, provided these individuals 
     have completed training programs acceptable to the Secretary. 
     Under this appointment authority, graduate physician 
     assistants would have up to 2 years to obtain professional 
     certification or licensure.
     Senate Bill
       Section 203 of S. 1810 would accomplish the same ends as 
     the above-described language with respect to physician 
     assistant temporary graduate technician appointments.
     Compromise Agreement
       Section 204(a) of the compromise agreement contains the 
     House language.


                       MEDICAL SUPPORT PERSONNEL

     Current Law
       Section 7405 of title 38, United States Code, permits the 
     temporary appointment of certain medical support personnel 
     who work primarily in the laboratories and other facilities 
     of VA principal investigators who have been awarded VA 
     research and development funds through VA's scientific merit 
     review process. These technicians are appointed for a maximum 
     term of 2 years. The normal VA cycle of 3-year research 
     awards conflicts with the 2-year maximum term for 
     appointments of these key personnel in VA's research and 
     development program.
     House Bill
       Section 105 of H.R. 5109 would amend section 7405(c)(3) of 
     title 38, United States Code, to authorize the Secretary to 
     make and to renew temporary full time appointments for 
     periods not to exceed 3 years.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 204(b) of the compromise agreement contains the 
     House language.


                    QUALIFICATIONS OF SOCIAL WORKERS

     Current Law
       Section 7402(b)(9) of title 38, United States Code, 
     requires that a VA social worker become licensed, certified, 
     or registered in the state in which he or she works within 3 
     years of initial appointment in this capacity by the VA. 
     Certain states, such as California, impose prerequisites to 
     the licensure examination that routinely require more than 3 
     years to satisfy. Many states do not provide reciprocity in 
     social work licensure, and thus will not grant a license in 
     the absence of a new state licensing examination. At present, 
     VA social workers are the only VA health care practitioners 
     who cannot use their state licenses to gain credentials in 
     other states' VA medical centers.
     House Bill
       Section 106 of H.R. 5109 would allow the Secretary, on the 
     recommendation of the Under Secretary for Health, to waive 
     the 3-year requirement in order to provide sufficient time to 
     newly graduated or transferred VA social workers to prepare 
     for their state licensure examinations.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 205 of the compromise agreement contains the House 
     language.


     PHYSICIAN ASSISTANT ADVISOR TO THE UNDER SECRETARY FOR HEALTH

     Current Law
       Section 7306 of title 38, United States Code, establishes 
     the Office of the Under Secretary for Health and requires 
     that the office include representatives of certain health 
     care professions. VA is the nation's largest single employer 
     of physician assistants (PAs), with over 1,100 physician 
     assistants on VA's employment rolls. Nevertheless, PAs are 
     not represented by a member of their field in the office of 
     the Under Secretary for Health.
     House Bill
       Section 104 of H.R. 5109 would establish a PA consultant 
     position which would be filled by a VHA physician assistant 
     designated by the Under Secretary for Health. This individual 
     could be assigned to the field with occasional official 
     visits as needed to VHA headquarters or elsewhere as required 
     to fulfill assigned duties of the position. The PA consultant 
     would advise the Under Secretary on all matters relating to 
     the utilization and employment of physician assistants in the 
     Veterans Health Administration.
     Senate Bill
       Section 202 of S. 1810 would add an Advisor on Physician 
     Assistants to the immediate Office of the Under Secretary for 
     Health, would require this individual to serve in an advisory 
     capacity and would require that the PA advisor shall advise 
     the Under Secretary on matters regarding general and expanded 
     utilization, clinical privileges, and employment (including 
     various specific matters associated therewith) of physician 
     assistants in the Veterans Health Administration.
     Compromise Agreement
       Section 206 of the compromise agreement incorporates 
     portions of both the House and Senate language. The 
     Committees call upon VA to provide the individual selected as 
     Advisor on Physician Assistants with necessary support and 
     resources to enable this consultant to fulfill the assigned 
     responsibilities of the position.


          EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAYMENTS

     Current Law
       Public Law 106-117, the Veterans Millennium Health Care and 
     Benefits Act of 1999, authorized a temporary program of 
     voluntary separation incentive payments to assist VA in 
     restructuring its workforce. This program limited VA to a 15-
     month authorization period for such ``buyouts'' of VA 
     employees, limited to 4,700 the number of staff who could 
     participate, and required VA to make a contribution of 26 
     percent of the average salary of participating employees to 
     the Civil Service Retirement and Disability Fund. This 
     provision also requires a one-for-one employee replacement 
     for each such buyout approved under this policy.
     House Bill
       Section 107 of H.R. 5109 would amend title XI of Public Law 
     106-117 to increase the number of VA positions subject to 
     buyouts to 8,110. The House measure would also adjust the 
     contribution made by VA to the retirement fund to 15 percent, 
     an amount equivalent to the amount that most other Federal 
     agencies must contribute to the fund for their buyout 
     participants. The measure extends VA's buyout authority from 
     December 31, 2000 to December 31, 2002.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 207 of the compromise agreement follows the House 
     language, but limits the number of VA positions subject to 
     buyouts to 7,734 and allocates the positions for activities 
     of the Veterans Health Administration, Veterans Benefits 
     Administration, National Cemetery Administration, and VA 
     staff offices.

                  Subtitle B--Military Service Issues


                        MILITARY SERVICE HISTORY

     Current Law
       No provision.
     House Bill
       Section 301 of H.R. 5109 would require VA to take and 
     maintain a thorough history of each veteran's health, 
     including a military medical history. Ascertaining that a 
     veteran was a prisoner of war, participated directly

[[Page 22679]]

     in combat, or was exposed to sustained subfreezing 
     conditions, toxic substances, environmental hazards, or 
     nuclear ionizing radiation often facilitates diagnosis and 
     treatment of veterans. The House bill would provide veterans 
     assurance that such a policy becomes a matter of routine 
     clinical practice in VA.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 211 of the compromise agreement adopts the intent 
     of the House proposal, but in the form of a Sense of the 
     Congress Resolution to express the sense of Congress that VA 
     proceed to implement a system of record keeping to record 
     veterans' military history.


   STUDY OF POST-TRAUMATIC STRESS DISORDER (PTSD) IN VIETNAM VETERANS

     Current Law
       Public Law 98-160 directed VA to conduct a large-scale 
     survey on the prevalence and incidence of PTSD and other 
     psychological problems in Vietnam veterans. The study found 
     that 15 percent of male and 8.5 percent of female Vietnam 
     veterans suffered from PTSD. Among those exposed to high 
     levels of war zone stress, however, PTSD rates were 
     dramatically higher. Also, the study found that nearly one-
     third of Vietnam veterans had suffered from PTSD at some 
     point after military service.
     House Bill
       Section 302 of HR 5109 would direct the VA to enter into a 
     contract with an ``appropriate entity'' to carry out a 
     follow-up study to the study conducted under Public Law 98-
     160.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 212 of the compromise agreement contains the House 
     language. The Committees agree the new study should be kept 
     distinct and independent from VA, as in the original. The 
     compromise agreement is not intended to pre-judge the entity 
     that will win this award.

                   Subtitle C--Medical Administration


              DEPARTMENT OF VETERANS AFFAIRS FISHER HOUSES

     Current Law
       Current law does not explicitly provide VA with authority 
     to house veterans overnight to expedite outpatient care or 
     next-day hospital admissions. Nor does current law provide 
     explicit authority for VA to accept, maintain, or operate 
     facilities for housing families or others who accompany 
     veterans to VA facilities. However, most VA medical centers 
     offer veterans who live some distance from a medical facility 
     from which they are receiving care or services help with some 
     form of lodging to facilitate scheduled visits or admissions. 
     Indeed, more than 115 facilities offer lodging of some kind 
     on VA grounds, and services are available in non-VA 
     facilities at a number of other locations. Also, over the 
     years, many VA medical centers have converted unused wards 
     and other available space to establish temporary lodging 
     facilities for use by patients. The Under Secretary for 
     Health has encouraged medical centers to establish such 
     facilities to avert the need for hospitalizing patients when 
     outpatient treatment is more appropriate. This guidance to VA 
     facilities suggested that facilities could provide lodging 
     without charge to outpatients and their family members and 
     others accompanying veterans when ``medically necessary.'' 
     The guidance also sanctioned the use of a revocable license 
     for family members under which an individual could be 
     required to pay VA a fee equal to the fair- market value of 
     the services being furnished.
     House Bill
       Section 404 of H.R. 5109 would clarify VA's authority to 
     provide temporary overnight accommodations in ``Fisher 
     Houses,'' built with funds donated by the Zachary and 
     Elizabeth M. Fisher Foundation. Four such facilities are now 
     being operated in conjunction with VA medical centers and 
     other similar facilities located at or near a VA facility. 
     These accommodations are available to veterans who have 
     business at a VA medical facility and must travel a 
     significant distance to receive Department services, and to 
     other individuals accompanying veterans. Section 404 would 
     also give VA clear authority to charge veterans (and those 
     accompanying them) for overnight accommodations and apply 
     fees collected to support continuation of these services. The 
     measure would require VA to promulgate regulations to address 
     matters such as the appropriate limitations on the use of the 
     facilities and the length of time individuals may stay in the 
     facilities.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 221 of the compromise agreement contains the House 
     language.


                    EXCEPTION TO THE RECAPTURE RULE

     Current Law
       Section 8136 of title 38, United States Code, requires VA 
     to ``recapture'' the amount of a grant to a state home for 
     purposes of building or renovating a state veterans home, if, 
     within 20 years, the state home ceases to be used for 
     providing domiciliary, nursing home, or hospital care for 
     veterans. This provision could be interpreted to require 
     recapture of the grant if the state home allows VA to 
     establish an outpatient clinic in the home.
     House Bill
       Section 406 of H.R. 5109 would clarify that establishment 
     of an outpatient clinic in a state home would not constitute 
     grounds entitling the United States to recover its grant.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 222 of the compromise agreement contains the House 
     language.


  SENSE OF CONGRESS CONCERNING COOPERATION BETWEEN THE DEPARTMENT OF 
 VETERANS AFFAIRS AND THE DEPARTMENT OF DEFENSE IN THE PROCUREMENT OF 
                             MEDICAL ITEMS

     Current Law
       Under the Department of Veterans Affairs (VA) and 
     Department of Defense (DOD) Health Resources Sharing and 
     Emergency Operations Act, Public Law 97-174, VA and DOD have 
     the authority to share medical resources. In 1999, VA and DOD 
     entered into sharing agreements amounting to $60 million 
     dollars out of combined budgets of approximately $35 billion. 
     This is resource sharing of less than two-tenths of one 
     percent. On May 25, 2000, the General Accounting Office 
     reported that greater joint pharmaceutical procurements alone 
     could lead to as much as $345 million in annual recurring 
     savings.
     House Bill
       H. Con. Res. 413 would encourage expanded joint procurement 
     of medical items, to include prescription drugs.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 223 of the compromise agreement contains the House 
     language.

                 Subtitle D--Construction Authorization


            AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS

     Current Law
       Section 8104 of title 38, United States Code, provides that 
     no funds may be appropriated for any fiscal year, and VA may 
     not obligate or expend funds (other than for planning and 
     design) for any medical construction project involving a 
     total expenditure of more than $4 million unless funds for 
     that project have been specifically authorized by law.
     House Bill
       Section 201 of H.R. 5109 would authorize the construction 
     of a gero-psychiatric care building at the Department of 
     Veterans Affairs Medical Center, Palo Alto, California ($26.6 
     million); the construction of a utility plant and electrical 
     vault at the Department of Veterans Affairs Medical Center, 
     Miami, Florida ($23.6 million); and, seismic corrections, 
     clinical consolidation and other improvements at the 
     Department of Veterans Affairs Medical Center, Long Beach, 
     California ($51.7 million). Also, the House bill would 
     authorize the renovation of psychiatric nursing units at the 
     Department of Veterans Affairs Medical Center, Murfreesboro, 
     Tennessee, using funds previously appropriated for this 
     specific purpose ($14 million).
     Senate Bill
       Section 301 of S. 1810 would authorize construction of a 
     120-bed gero-psychiatric facility at the Department of 
     Veterans Affairs Palo Alto Health Care System, Menlo Park 
     Division, California ($26.6 million); and, construction of a 
     nursing home at the Department of Veterans Affairs Medical 
     Center, Beckley, West Virginia ($9.5 million). In section 302 
     of S. 1810, the Senate would amend section 401 of the 
     Veterans Millennium Health Care and Benefits Act of 1999, 
     Public Law 106-117, to add as a seventh project authorized by 
     that act for fiscal year 2000-2001 the Murfreesboro 
     construction project ($14 million).
     Compromise Agreement
       Section 231 of the compromise agreement incorporates each 
     of the projects authorized by either body and includes 
     specific authorization for the Murfreesboro project. Also, 
     the compromise agreement provides that the authorizations for 
     Palo Alto, Long Beach, and Beckley will be for 2 years, 
     covering fiscal years 2001 and 2002, while the authorization 
     for the Miami project will be only for fiscal year 2001. The 
     compromise agreement also renews and extends the prior 
     authorization of a project at the Lebanon, Pennsylvania VA 
     Medical Center through the end of fiscal year 2002.
       The Miami electrical plant and utility vault project is 
     authorized only for fiscal year 2001. While the compromise 
     agreement authorizes the project to proceed, we note that the 
     current estimate to replace these facilities is $32 million. 
     Given this level of anticipated expenditure, the Committees 
     urge the Secretary to examine innovative ways to reduce VA's 
     outlay, at least on an

[[Page 22680]]

     initial basis. For example, the Committees note that the 
     Miami facility is located in the midst of a very densely 
     developed community of health and public safety-related 
     institutions, including the Jackson Memorial Hospital and 
     Metro-Dade police headquarters, among others. Given the need 
     for such crucial institutions, including the VA medical 
     center, to have dependable, stable, weather-proof and even 
     fail-safe electrical sources, the Committees urge the 
     Secretary to consider a ``performance-based contract'' for 
     these services through the local utility (Florida Power and 
     Light), or by consortium with multiple partners in need of 
     similar improvements, assurances and security of utilities. 
     At a minimum, the Secretary must carefully examine the 
     reported cost of this project to ensure that it is being 
     planned to meet known needs, rather than planned for the 
     ``highest possible use.''


                    AUTHORIZATION OF APPROPRIATIONS

     House Bill
       The House bill (H.R. 5109, section 202) would authorize 
     appropriations for fiscal years 2001 and 2002 of $101.9 
     million for construction of the facilities authorized in 
     section 201 thereof.
     Senate Bill
       S. 1810, section 303, would authorize appropriations for 
     fiscal years 2001 and 2002 of $36.1 million for construction 
     of the facilities authorized in section 301. Also, section 
     303 alters the authorization funding level of projects 
     authorized in Public Law 106-117 by including the 
     Murfreesboro project discussed above.
     Compromise Agreement
       Section 232 of the compromise agreement authorizes 
     appropriations for the amounts indicated in each measure for 
     these projects, affecting both fiscal year 2001 and fiscal 
     year 2002, as follows:

                        [In millions of dollars]

                                                                 Amount
        Authorizations                                       authorized
Beckley............................................................$9.5
Lebanon \1\........................................................14.5
Long Beach.........................................................51.7
Miami \2\..........................................................23.6
Murfreesboro.......................................................14.0
Palo Alto..........................................................26.6

\1\ Indicates authorization of appropriation in fiscal year 2002 only.
\2\ Indicates authorization of appropriation in fiscal year 2001 only.


EXTENSION OF CONSTRUCTION AUTHORIZATION AT THE LEBANON, PENNSYLVANIA VA 
                             MEDICAL CENTER

     Current Law
       Section 401 of Public Law 106-117 (113 Stat. 1572) 
     authorized a major construction project at the Lebanon, 
     Pennsylvania, VA Medical Center. The project was authorized 
     for fiscal year 2000 and fiscal year 2001.
     House Bill
       The House bills contain no comparable provision.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 232(a)(3) of the compromise agreement extends 
     through fiscal year 2002 the prior authorization for 
     construction of a long-term care facility at the Department 
     of Veterans Affairs Medical Center, Lebanon, Pennsylvania, in 
     an amount not to exceed $14.5 million.

                   Subtitle E--Real Property Matters


     CHANGE TO ENHANCED USE LEASE CONGRESSIONAL NOTIFICATION PERIOD

     Current Law
       Section 8163(c) of title 38, United States Code, requires 
     the Secretary to notify Congress of VA's intention to pursue 
     an enhanced-use lease of unused VA property, then wait a 
     period of ``60 legislative days'' prior to proceeding with 
     the specific lease objective(s). In the Veterans' Millennium 
     Health Care Act, Public Law 106-117, Congress eased limits in 
     law on leasing underused VA property based on a finding that 
     long-term leasing could be used more extensively to enhance 
     health care delivery to veterans.
     House Bill
       Section 407 of H.R. 5109 would amend the waiting period for 
     VA notifications to Congress from 60 ``legislative'' days, to 
     90 ``calendar'' days. This change would shorten the length of 
     time VA must wait before entering into an enhanced-use lease.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 241 of the compromise agreement contains the House 
     language.


 RELEASE OF REVERSIONARY INTEREST OF THE UNITED STATES IN CERTAIN REAL 
         PROPERTY PREVIOUSLY CONVEYED TO THE STATE OF TENNESSEE

     Current Law
       In 1953, by Act of Congress (67 Stat. 54), the federal 
     government transferred certain property of the Veterans 
     Administration (now Department of Veterans Affairs) in 
     Johnson City (now Mountain Home), Tennessee, to the State of 
     Tennessee, for use by the Army National Guard of the State of 
     Tennessee. The act of transfer retained a reversionary 
     interest in the land on the part of the government in the 
     event that the State of Tennessee ceased to use the land as a 
     training area for the guard and for ``other military 
     purposes.'' The land is no longer being used by the Tennessee 
     National Guard and has no practical use by the government. 
     Local municipal officials desire the land as a site for a 
     public park and recreation area, and the State of Tennessee 
     has made a commitment to transfer the land for these purposes 
     but may not do so absent a recision of the federal 
     government's reversionary interest in the property.
     House Bill
       Section 407 of H.R. 5109 would rescind the government's 
     reversionary interest in the Tennessee property.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 242 of the compromise agreement contains the House 
     language.


 TRANSFER OF THE ALLEN PARK, MICHIGAN, VA MEDICAL CENTER TO FORD MOTOR 
                      LAND DEVELOPMENT CORPORATION

     Current Law
       In 1937, the Henry Ford family donated a 39-acre plot to VA 
     expressly for the establishment of the Allen Park, Michigan 
     VA Hospital. The conveyance provided that VA must return the 
     land, in the same condition as it was received, if VA ceased 
     to utilize it for veterans' health care. In 1996, VA 
     activated a new VA Medical Center in Detroit.
     House Bill
       H.R. 5346 would transfer the land, the site of the former 
     Allen Park, Michigan VA Medical Center, and all improvements 
     thereon, to the Ford Motor Land Development Corporation, a 
     subsidiary of Ford Motor Company. Having been replaced in 
     1996 by a new VA Medical Center in Detroit, the facility now 
     is in disrepair. The bill would require up to 7 years of 
     cooperation between VA and Ford in demolition, environmental 
     cleanup (including remediation of hazardous material and 
     environmental contaminants found on the site), and 
     restoration of the property to its prior state. VA 
     contributions would be limited to $2 million per year over 
     the period, and Ford would be responsible for any amount over 
     VA's total contribution ($14 million) required to complete 
     the restoration. At the conclusion of restorative work, the 
     Secretary would formally abandon the property, which would 
     then revert to Ford Motor Land Development Corporation, in 
     accordance with the reversionary clause contained in the 
     original 1937 gift.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 243 of the compromise agreement contains the House 
     language.


 transfer of land at the carl vinson va medical center, dublin, georgia

     Current Law
       No provision.
     House Bill
       H.R. 5139 would convey to the Board of Regents of the State 
     of Georgia two tracts of real property, including 
     improvements, consisting of 39 acres at the Carl Vinson 
     Department of Veterans Affairs Medical Center, Dublin, 
     Georgia. The bill also conveys to the Community Service Board 
     of Middle Georgia three tracts of property consisting of 58 
     acres, including improvements, at the Carl Vinson facility. 
     The bill requires these properties be used in perpetuity for 
     education or health care.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 244 of the compromise agreement contains the House 
     language.


land conveyance of miles city, montana veterans affairs medical center 
                       to custer county, montana

     Current Law
       No provision.
     Senate Bill
       Section 312 of S. 1810 would transfer VA medical center 
     facilities in Miles City, Montana, to Custer County, Montana, 
     while authorizing VA to lease space in which VA would operate 
     an outpatient clinic. Custer County would devote the 
     transferred land to assisted living apartments for the 
     elderly and to a number of other economic enhancement and 
     community activity uses, including education and training 
     courses through Miles Community College, a technology center, 
     local fire department training, and use by the Montana Area 
     Food Bank. VA, in turn, is relieved of the requirement to 
     spend over $500,000 per year maintaining a facility that is 
     poorly suited to provide health care to the veterans of 
     eastern Montana. VA would devote the saved funds to expanding 
     Montana veterans' access to care by activating additional 
     community based outpatient clinics in Montana.

[[Page 22681]]


     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 245 of the compromise agreement follows the Senate 
     language. The compromise agreement anticipates that VA will 
     work with the civic leadership of Custer County, Montana in 
     order to identify potential improvements that may be 
     reasonably necessary to effectuate the transfer of the Miles 
     City property to Custer County. Also, the compromise 
     agreement calls for the Secretary to determine to what extent 
     it may be necessary to stipulate any conditions about the 
     transfer, or conditions for VA's future use of this property, 
     prior to the transfer of ownership of this property to Custer 
     County. The compromise agreement further envisions funds 
     appropriated to VA for non-recurring maintenance may be used, 
     as authorized by law, to facilitate the transfer of VA's 
     interest in the Miles City VA Medical Center to Custer 
     County.


transfer of the fort lyon, colorado, va medical center to the state of 
                                colorado

     Current Law
       No provision.
     Senate Bill
       Sections 313 and 314 of S. 1810 would transfer the VA 
     Medical Center, Ft. Lyon, Colorado to the State of Colorado 
     for use by the State as a corrections facility. Under the 
     terms of the bill, the conveyance would take place only when 
     arrangements are made to protect the interests of affected 
     patients and employees of the facility. With respect to 
     patients, the bill would require VA to make alternate 
     arrangements to ensure that appropriate medical care and 
     nursing home care services continue to be provided, on the 
     same basis that care had been provided at Ft. Lyon, to all 
     veterans receiving such services at the medical center. Under 
     the bill, the VA would be authorized to provide care in 
     community facilities at VA expense, notwithstanding other 
     statutory limitations--e.g., title 38, United States Code, 
     section 1720, which limits to 6 months the duration for which 
     such care might be provided to veterans for nonservice-
     connected disabilities--or by state homes where VA would pay 
     full costs and reimburse the veterans' share of copayments. 
     Further, VA would be authorized to offer voluntary separation 
     incentive payments to eligible employees of the Ft. Lyon VA 
     medical center. In addition, the State would be required to 
     allow public access to the Kit Carson Chapel located on the 
     grounds of the VA medical center. And, finally, the VA would 
     report on the status of the VA health care system in southern 
     Colorado, not later than 1 year after the conveyance.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Sections 246 and 247 of the compromise agreement follow the 
     Senate language, except for the provision extending VA's 
     authority to offer voluntary separation incentive payments 
     [subsection (c) of section 314 of S. 1810].
       The inclusion of this language in this legislation should 
     not be misconstrued as an erosion of, or acquiescence in, the 
     requirement enacted in Public Law 106-117, the Veterans 
     Millennium Health Care and Benefits Act of 1999, for VA to 
     maintain VA-provided long-term care capacity at the 1998 
     level. VA continues to be obligated by law to ensure that the 
     cumulative effect of its actions does not result in a 
     reduction in VA's ability to provide institutional long-term 
     care.
       It should be noted that section 207 of this bill provides a 
     2-year extension of VA-wide authority to offer voluntary 
     separation incentive payments to VA employees. The Committees 
     find that the provision specifically granting the Fort Lyon 
     facility a 1-year authority to offer voluntary separation 
     incentive payments is redundant. Further, the Committees were 
     concerned that retaining the Fort Lyon-specific provision in 
     final legislation could have the unintended effect of 
     limiting the 2-year, VA-wide buyout authority, granted in 
     section 207, to 1 year when applied in the case of Fort Lyon. 
     The Committees expect VA to use the authority granted in 
     section 207, as an important human resources management tool, 
     in its conveyance of the Fort Lyon facility.

 TITLE III--COMPENSATION, INSURANCE, HOUSING, EMPLOYMENT, AND MEMORIAL 
                           AFFAIRS PROVISIONS

                Subtitle A--Compensation Program Changes


 PRESUMPTION OF SERVICE CONNECTION FOR HEART ATTACK OR STROKE SUFFERED 
  BY A MEMBER OF A RESERVE COMPONENT IN THE PERFORMANCE OF DUTY WHILE 
                   PERFORMING INACTIVE DUTY TRAINING

     Current Law
       Under section 101(24) of title 38, United States Code, 
     guardsmen and reservists who sustain an ``injury'' during 
     inactive duty training are eligible for certain veterans' 
     benefits, but are not eligible to receive disability 
     compensation for a condition characterized as a ``disease'' 
     that is incurred or aggravated during such training.
     House Bill
       Section 201(a) of H.R. 4850 would amend section 101(24) to 
     include an acute myocardial infarction, a cardiac arrest, or 
     a cerebrovascular accident resulting in disability or death 
     and occurring during any period of inactive duty training for 
     the purposes of service-connected benefits administered by 
     VA.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 301 of the compromise agreement contains the House 
     provision.


SPECIAL MONTHLY COMPENSATION FOR WOMEN VETERANS WHO LOSE A BREAST AS A 
                RESULT OF A SERVICE-CONNECTED DISABILITY

     Current Law
       Section 1114(k) of title 38, United States Code, authorizes 
     a special rate of compensation if a veteran, as the result of 
     a service-connected disability, has suffered the anatomical 
     loss or loss of use of one or more creative organs, or one 
     foot, or one hand, or both buttocks, or blindness of one eye, 
     having only light perception, or has suffered complete loss 
     of the ability to speak, or deafness of both ears. The 
     special monthly compensation is payable in addition to the 
     compensation payable by reason of ratings assigned under the 
     rating schedule.
     House Bill
       Section 202 of H.R. 4850 would amend section 1114(k) by 
     making veterans eligible for special monthly compensation due 
     to the service-connected loss of one or both breasts due to a 
     radical mastectomy or modified radical mastectomy.
     Senate Bill
       Section 103 of S. 1810 would amend section 1114(k) by 
     making female veterans eligible for special monthly 
     compensation due to the loss of one or both breasts, 
     including loss by mastectomy.
     Compromise Agreement
       Section 302 of the compromise agreement contains the Senate 
     provision.


  BENEFITS FOR PERSONS DISABLED BY PARTICIPATION IN COMPENSATED WORK 
                            THERAPY PROGRAM

     Current Law
       Section 1151 of title 38, United States Code, provides 
     compensation, under certain circumstances, to veterans who 
     are injured as a result of VA health care or participation in 
     VA vocational rehabilitation. Section 1718 of title 38, 
     United States Code, authorizes the ``Compensated Work Therapy 
     Program (CWT),'' which pays veterans to work in a variety of 
     positions on contracts with governmental and industrial 
     entities. CWT work is intended to be therapeutic by helping 
     veterans re-enter the work force, enabling them to increase 
     self-confidence and by improving their ability to adjust to 
     the work setting. However, current law provides no mechanism 
     to compensate CWT participants who may be injured as a result 
     of participation.
     House Bill
       Section 402 of H.R. 5109 would allow VA to provide 
     disability benefits under section 1151 to CWT participants 
     injured while participating in this program.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 303 of the compromise agreement contains the House 
     language.


     REVISION TO LIMITATION ON PAYMENTS OF BENEFITS TO INCOMPETENT 
                       INSTITUTIONALIZED VETERANS

     Current Law
       Under section 5503 of title 38, United States Code, VA is 
     prohibited from paying compensation and pension benefits to 
     an incompetent veteran who has assets of $1,500 or more if 
     the veteran is being provided institutional care with or 
     without charge by VA (or another governmental provider) and 
     he or she has no dependents. Such payments are restored if 
     the veteran's assets drop to $500 in value. If VA later 
     determines that the veteran is competent for at least 6 
     months, the withheld payments are made in a lump sum.
     Senate Bill
       Section 205 of S. 1076 would repeal the limitation on 
     benefit payments imposed by section 5503 of title 38, United 
     States Code.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Under section 304 of the compromise agreement, the amount 
     of resources that an incompetent veteran may retain and still 
     qualify for payments is increased from $1,500 to five times 
     the benefit amount payable to a service-connected disabled 
     veteran rated at 100 percent. If payments are withheld, they 
     may be restored if the veteran's assets drop to one-half of 
     that amount. The Committees expect that in notifying veterans 
     and fiduciaries of the applicability of this requirement, VA 
     will briefly indicate the assets that are counted or excluded 
     in determining net worth. (See 38 C.F.R. Sec. 13.109)


 REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE DEFENSE THREAT REDUCTION 
                                 AGENCY

     Current Law
       VA provides service-connected compensation benefits to 
     veterans who were exposed

[[Page 22682]]

     to ionizing radiation in service (due to participation in the 
     occupation forces of Hiroshima or Nagasaki immediately after 
     World War II, or in nuclear testing activities during the 
     Cold War era) and who, subsequently, are diagnosed with the 
     presumptive diseases listed in section 1112(c)(2) of title 
     38, United States Code. VA may also compensate radiation-
     exposed veterans with diseases not presumed to be service-
     connected if it determines that it is as likely as not that 
     the disease is the result of exposure, taking into account 
     the amount of exposure and the radiogenic properties of the 
     disease; but VA utilizes dose reconstruction analysis 
     provided by the Department of Defense to determine the 
     estimated exposure.
     Senate Bill
       Section 171 of S. 1810 specifies that the Department of 
     Defense (DOD) shall contract with the National Academy of 
     Sciences (NAS) to carry out periodic reviews of the dose 
     reconstruction program. NAS would review whether DOD's 
     reconstruction of sampled doses is accurate, whether DOD 
     assumptions regarding exposure based upon sampled doses are 
     credible, and whether data from nuclear testing used by DOD 
     in its reconstructions are accurate. The review would last 24 
     months and culminate in a report detailing NAS' findings and 
     recommendations, if any, for a permanent review program.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 305 of the compromise agreement follows the Senate 
     language.

                   Subtitle B--Life Insurance Matters


  PREMIUMS FOR TERM SERVICE DISABLED VETERANS' INSURANCE FOR VETERANS 
                           OLDER THAN AGE 70

     Current Law
       VA administers the Service-Disabled Veterans Insurance 
     (SDVI) program under chapter 19 of title 38, United States 
     Code. SDVI term policy premiums increase every 5 years to 
     reflect the increased risk of death as individuals age.
     Senate Bill
       Section 131 of S. 1810 would cap premiums for SDVI term 
     policies at the age 70 renewal rate.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 311 of the compromise agreement follows the Senate 
     language with an amendment requiring VA to report to 
     Congress, not later than September 30, 2001, on plans to 
     liquidate the unfunded liability in the SDVI program not 
     later than October 1, 2011.


INCREASE IN AUTOMATIC MAXIMUM COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE 
              INSURANCE AND VETERANS' GROUP LIFE INSURANCE

     Current Law
       The Servicemembers' Group Life Insurance (SGLI) program 
     provides up to $200,000 in coverage to individuals on active 
     duty in the Armed Forces, members of the Ready Reserves, the 
     Commissioned Corps of the National Oceanic and Atmospheric 
     Administration, the Public Health Service, cadets and 
     midshipmen of the four service academies, and members of the 
     Reserve Officer Training Corps. The maximum coverage of 
     $200,000 is automatically provided unless the servicemember 
     declines coverage or elects coverage at a reduced amount.
     Senate Bill
       Section 132 of S. 1810 would increase the maximum amount of 
     coverage available through the SGLI program from $200,000 to 
     $250,000.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 312 of the compromise agreement contains the Senate 
     language.


  ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL READY RESERVE FOR 
                  SERVICEMEMBERS' GROUP LIFE INSURANCE

     Current Law
       Members of the Selected Reserve are eligible for enrollment 
     in the Servicemembers' Group Life Insurance (SGLI) program. 
     Members of the Individual Ready Reserve (IRR) are eligible 
     for SGLI only when called to active duty.
       Members of the IRR are currently eligible for Veterans 
     Group Life Insurance, but only a small percentage 
     participates.
     House Bill
       Section 301 of H.R. 4850 would provide those members of the 
     IRR who are subject to involuntary call-up authority to 
     enroll in the Servicemembers' Group Life Insurance program.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 313 of the compromise agreement contains the House 
     language.

              Subtitle C--Housing and Employment Programs


 ELIMINATION OF REDUCTION IN ASSISTANCE FOR SPECIALLY ADAPTED HOUSING 
     FOR DISABLED VETERANS HAVING JOINT OWNERSHIP OF HOUSING UNITS

     Current Law
       Under chapter 21 of title 38, United States Code, veterans 
     with severe disabilities such as loss of ambulatory function 
     are eligible for specially adapted housing grants of up to 
     $43,000 to finance the purchase or remodeling of housing 
     units with special adaptions necessary to accommodate their 
     disabilities. No particular form of ownership is specified in 
     current law. Under regulations promulgated by the Secretary 
     of Veterans Affairs, co-ownership of the property by the 
     veteran and another person is not relevant to the amount of 
     the grant if the co-owner is the veteran's spouse. If, 
     however, the co-owner is a person other than the veteran's 
     spouse, the maximum grant amount is reduced by regulation to 
     reflect the veteran's partial ownership of the property 
     interest, e.g., if the veteran jointly owns the property with 
     one other person such as a sibling, the maximum grant is 
     $21,500. (See 38 C.F.R. Sec. 36.4403)
     Senate Bill
       Section 121 of S. 1810 would amend section 2102 of chapter 
     21 of title 38, United States Code, to allow VA to make non-
     reduced grants for specially adapted housing in cases where 
     title to the housing unit is not vested solely in the 
     veteran, if the veteran resides in the housing unit.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 321 of the compromise agreement contains the Senate 
     language.


  VETERANS' EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS FOR RECENTLY 
                           SEPARATED VETERANS

     Current Law
       Section 4212 of title 38, United States Code, requires that 
     certain Federal contractors and subcontractors take 
     affirmative action to employ and advance ``special disabled 
     veterans'' (generally, veterans with serious employment 
     handicaps or disability ratings of 30 percent or higher), 
     Vietnam-era veterans, and other veterans who are ``preference 
     eligible'' (generally, veterans who have served during 
     wartime or in a campaign or expedition for which a campaign 
     badge has been authorized).
     Senate Bill
       Section 151 of S. 1810 would add recently separated 
     veterans (veterans who have been discharged or released from 
     active duty within a 1-year period) to the definition of 
     veterans to whom Federal contractors and subcontractors must 
     extend affirmative action to employ and advance in 
     employment.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 322 of the compromise agreement contains the Senate 
     language.


     EMPLOYERS REQUIRED TO GRANT LEAVE OF ABSENCE FOR EMPLOYEES TO 
          PARTICIPATE AS HONOR GUARDS FOR FUNERALS OF VETERANS

     Current Law
       Section 4303(13) of title 38, United States Code, defines 
     ``service in the uniformed services,'' as the performance of 
     duty on a voluntary or involuntary basis. Section 4316 
     defines the rights, benefits, and obligations of persons 
     absent from employment for service in a uniformed service.
     House Bill
       H.R. 284 would add to the definition of ``service in the 
     uniformed services'' a period for which a person is absent 
     from employment for the purpose of performing funeral honors 
     authorized duty under section 12503 of title 10, United 
     States Code, or section 115 of title 32, United States Code. 
     An employer would be required to grant an employee who is a 
     member of a reserve component an authorized leave of absence 
     from a position of employment to allow the employee to 
     perform funeral duties. For purposes of intent to return to a 
     position of employment with an employer, H.R. 284 would 
     stipulate that an employee who takes an authorized leave of 
     absence to perform funeral honors duty would be deemed to 
     have notified the employer of the employee's intent to return 
     to such position of employment.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 323 of the compromise agreement contains the House 
     language.

              Subtitle D--Cemeteries and Memorial Affairs


ELIGIBILITY OF CERTAIN FILIPINO VETERANS OF WORLD WAR II FOR INTERMENT 
                         IN NATIONAL CEMETERIES

     Current Law
       Section 2402(4) of title 38, United States Code, provides 
     that eligibility for burial in any open VA national cemetery 
     include any citizen of the United States who, during any war 
     in which the United States is or has been engaged, served in 
     the armed forces of any

[[Page 22683]]

     government allied with the United States during that war, and 
     whose last such service terminated honorably.
     Senate Bill
       Section 141 of S. 1810 would amend section 2402(4) of title 
     38, United States Code, to provide for the eligibility of a 
     Philippine Commonwealth Army veteran for burial in a national 
     cemetery if, at the time of death, the Commonwealth Army 
     veteran is a naturalized citizen of the United States, and he 
     is a resident of the United States.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 331 of the compromise agreement follows the Senate 
     language with an amendment requiring that the veteran be a 
     citizen of, or lawfully admitted for permanent residence in, 
     the United States, and be receiving compensation or be 
     determined to have been eligible for pension had the 
     veteran's service been deemed to be active military, naval, 
     or air service.


payment rate of burial benefits for certain filipino veterans of world 
                                 war ii

     Current Law
       Former members of the Philippine Commonwealth Army may 
     qualify for VA disability compensation, burial benefits, and 
     National Service Life Insurance benefits, and their survivors 
     may qualify for dependency and indemnity compensation. These 
     benefits are paid at one-half the rate they are provided to 
     U.S. veterans. (See 38 U.S.C. Sec. 107).
     Senate Bill
       Section 201 of S. 1076 would authorize payment of the full-
     rate funeral expense and plot allowance to survivors of 
     Philippine Commonwealth Army veterans who, at the time of 
     death, (a) are citizens of the United States residing in the 
     U.S. and (b) are receiving compensation for a service-
     connected disability or would have been eligible for VA 
     pension benefits had their service been deemed to have been 
     active military, naval, or air service.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 332 of the compromise agreement follows the Senate 
     language with an amendment that as an alternate requirement 
     to citizenship, permanent resident status would suffice for 
     purposes of establishing eligibility.


        plot allowance for burial in state veterans' cemeteries

     Current Law
       Section 2303(b)(1) provides a plot allowance of $150 for 
     each veteran buried in a State-owned veterans' cemetery, 
     provided that only persons eligible for burial in a national 
     cemetery are buried in that cemetery.
     House Bill
       The House bills contain no comparable provision.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 333 of the compromise agreement would allow a State 
     to bury in a State veterans' cemetery members of the Armed 
     Forces or former members discharged or released from service 
     under conditions other than dishonorable--who are not 
     otherwise eligible for burial in a national cemetery--without 
     the State losing its eligibility for a plot allowance.

                        TITLE IV--OTHER MATTERS


  benefits for the children of women vietnam veterans who suffer from 
                         certain birth defects

     Current Law
       VA has authority to compensate veterans (including 
     additional amounts of compensation for dependents) for 
     service-connected disease or injury. VA may, pursuant to 
     Public Law 104-204, provide benefits to children of Vietnam 
     veterans born with ``all forms and manifestations'' of spina 
     bifida except spina bifida occulta. Children with spina 
     bifida born of Vietnam veterans currently are eligible for 
     (1) a monthly allowance, varying by degree of disability of 
     the person with spina bifida, (2) health care for any 
     disability associated with that person's spina bifida, and 
     (3) vocational training, job placement, and post-job 
     placement services.
     Senate Bill
       Section 162 of S. 1810 would extend (with a single 
     variation) to the children born with birth defects to women 
     Vietnam veterans the same benefits as those now afforded to 
     Vietnam veterans' children born with spina bifida under 
     chapter 18 of title 38, United States Code.
     House Bill
       The House bills contain no comparable provision.
     Compromise Agreement
       Section 401 of the compromise agreement generally follows 
     the Senate language. The former chapter 18 has been 
     redesignated as subchapter I, the compromise agreement from 
     section 401 of S. 1810 has been designated as subchapter II 
     of chapter 18 and certain general definitional and 
     administrative provisions applicable to both subchapters I 
     and II of chapter 18 have been placed in a new subchapter 
     III.
       The definition of ``child'' in the Senate bill has been 
     moved to a general definitions section (new section 1821) 
     contained in subchapter III. A separate definition of 
     ``eligible child'' (for purposes of subchapter II) has been 
     provided in a new section 1811. The definition of ``female 
     Vietnam veteran'' contained in S. 1810 has been removed from 
     subchapter II and replaced by general definitions of Vietnam 
     veteran and Vietnam era in new section 1821.
       S. 1810 would have excluded spina bifida from the 
     definition of a covered birth defect in subchapter II. Thus, 
     the Senate bill could have been interpreted so as to require 
     a child to choose to receive a monthly monetary allowance and 
     health care based only on spina bifida or based only on non-
     spina bifida disabilities, but not both. Because the 
     Committees wish to include spina bifida with all other 
     covered disabilities for purposes of rating the disabilities 
     from which an eligible child may suffer, the prohibition in 
     proposed section 1812(b)(2) has been deleted from the 
     compromise bill. The compromise agreement is intended to 
     ensure that children of women Vietnam veterans who suffer 
     both from spina bifida and any other covered birth defect 
     will have all of their disabilities considered in determining 
     the appropriate disability rating and the amount of monetary 
     benefits to be paid under subchapter II of chapter 18. If the 
     only covered birth defect present is spina bifida, the 
     eligible child would be compensated under the spina bifida 
     provisions of subchapter I of chapter 18.
       The requirement in S. 1810 that birth defects identified by 
     the Secretary be listed in regulations has been omitted. In 
     drafting this legislation, the Committees considered the 
     report of the Department of Veterans Affairs, Veterans Health 
     Administration, Environmental Epidemiology Service, entitled 
     ``Women Vietnam Veterans Reproductive Outcomes Health Study'' 
     (October, 1998). Because this report identifies a wide 
     variety of birth defects identified in the children of women 
     Vietnam veterans, the Committees concluded that it was not 
     necessary to provide a rating for each separate defect. Thus, 
     the Committees intend that, in addition to whatever specific 
     defects the Secretary may identify, the Secretary may also 
     describe defects in generic terms, such as ``a congenital 
     muscular impairment resulting in the inability to stand or 
     walk without assistive devices.'' Language authorizing the 
     Secretary to take into account functional limitations when 
     formulating a schedule for rating disabilities under the new 
     subchapter was added to specifically allow for ratings based 
     upon generic descriptions of functional limitations imposed 
     by the disabilities.
       The limitation contained in the Senate bill which barred 
     assistance under the new authority to an individual who 
     qualified for spina bifida benefits has been deleted to 
     assure that children who suffer from spina bifida and any 
     other covered defect may receive a monetary allowance under 
     subchapter II and health care which takes into account the 
     disabilities imposed by spina bifida and any other condition.


               EXTENSION OF CERTAIN EXPIRING AUTHORITIES

     Current Law
       The following authorities expire on September 30, 2002: (1) 
     VA's authority to verify the eligibility of recipients of, or 
     applicants for, VA needs-based benefits and VA means-tested 
     medical care by gaining access to income records of the 
     Department of Health and Human Services/Social Security 
     Administration and the Internal Revenue Service, (2) the 
     reduction to $90 per month for VA pension and death pension 
     benefits to veterans or other beneficiaries without 
     dependents who are receiving Medicaid-covered nursing home 
     care, (3) the Secretary's authority to charge borrowers who 
     obtain VA-guaranteed, insured or direct home loans a ``home 
     loan'' fee, and (4) procedures applicable to liquidation 
     sales of defaulted home loans guaranteed by VA. The 
     Secretary's (enhanced loan asset) authority to issue and 
     guarantee securities representing an interest in home loans 
     expires on December 31, 2002.
     House Bill
       Section 8 of H.R. 4268 would extend temporary authorities 
     to 2008 that would otherwise expire on September 30, 2002, 
     including: (1) VA income verification authority through which 
     VA verifies the eligibility for VA needs-based benefits and 
     VA means-tested medical care, by gaining access to income 
     records of the Department of Health and Human Services/Social 
     Security Administration and the Internal Revenue Service, (2) 
     limitation on VA pension and death pension payments to 
     beneficiaries without dependents receiving Medicaid-covered 
     nursing home care, (3) VA-enhanced loan asset authority 
     guaranteeing the payment of principal and interest on VA-
     issued certificates or other securities, VA home loan fees of 
     \3/4\ of one percent of the total loan amount, and (4) 
     procedures applicable to liquidation sales on defaulted home 
     loans guaranteed by VA.
     Senate Bill
       The Senate bills contain no comparable provision.

[[Page 22684]]


     Compromise Agreement
       Section 402 of the compromise agreement contains the House 
     language.


             preservation of certain reporting requirements

     Current Law
       The Federal Reports Elimination and Sunset Act of 1995 
     repealed a number of agency report requirements that Congress 
     had imposed during the 20th century. The effect of that law, 
     which otherwise would have taken effect last year, was 
     temporarily suspended until May 15, 2000, by a provision in 
     last year's omnibus appropriations act, Public Law 106-113.
     House Bill
       Section 10 of H.R. 4268 would reinstate the requirements 
     that the Secretary provide periodic reports concerning 
     equitable relief granted by the Secretary to an individual 
     beneficiary (expires December 31, 2004); work and activities 
     of the Department; programs and activities examined by the 
     Advisory Committees on a) former prisoners of war (expires 
     December 31, 2003) and b) women veterans (expires after 
     biennial reports submitted in 2004); operation of the 
     Montgomery GI Bill educational assistance program (expires 
     December 31, 2004); and activities of the Secretary's special 
     medical advisory group (expires December 31, 2004). It also 
     requires the Secretary to include with any report that is 
     required by law or by a joint explanatory statement of a 
     Congressional conference committee an estimate of the cost of 
     preparing the report.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       Section 403 of the compromise agreement contains the House 
     language.

                   LEGISLATIVE PROVISIONS NOT ADOPTED


  expansion of list of diseases presumed to be service-connected for 
                       radiation-exposed veterans

     Current Law
       Section 1112(c)(2) of title 38, United States Code, lists 
     16 diseases which, if they become manifest in a radiation-
     exposed veteran at any time in his or her lifetime, would be 
     considered to have been incurred in or aggravated during 
     active service.
     Senate Bill
       Section 102 of S. 1810 would amend section 1112(c)(2) by 
     adding lung cancer, colon cancer, tumors of the brain and 
     central nervous system, and ovarian cancer to the list of 
     diseases presumed to be service-connected if they are 
     contracted by radiation-exposed veterans.
     House Bill
       The House bills contain no comparable provision.


          increase in maximum amount of housing loan guarantee

     Current Law
       Under section 3703(a)(1)(A)(IV) of title 38, United States 
     Code, VA guarantees 25 percent of a home loan amount for 
     loans of more than $144,000, with a maximum guaranty of 
     $50,750. Under current mortgage loan industry practices, a 
     loan guaranty of $50,750 is sufficient to allow a veteran to 
     borrow up to $203,000 toward the purchase of a home with no 
     down payment.
     Senate Bill
       Section 122 of S. 1810 would amend section 3703(a)(1) to 
     increase the maximum amount of the VA guaranty from $50,750 
     to $63,175.
     House Bill
       The House bills contain no comparable provision.


termination of collection of loan fees from veterans rated eligible for 
           compensation at pre-discharge rating examinations

     Current Law
       Section 3729(c) of title 38, United States Code, provides 
     that a loan fee may not be collected from a veteran who is 
     receiving disability compensation (or who, but for the 
     receipt of retirement pay, would be entitled to receive 
     compensation) or from a surviving spouse of any veteran who 
     died from a service-connected disability (including a person 
     who died in the active military, naval, or air service).
     Senate Bill
       Section 123 of S. 1810 would amend section 3729 to add an 
     additional category of fee-exempt borrower; persons who have 
     been evaluated by VA prior to discharge from military service 
     and who are expected to qualify for a compensable service-
     connected disability upon discharge, but who are not yet 
     receiving disability compensation because they are still on 
     active duty.
     House Bill
       The House bills contain no comparable provision.


       family coverage under servicemembers' group life insurance

     Current Law
       Spouses and dependent children are not eligible for any VA-
     administered insurance program.
     Senate Bill
       Section 133 of S. 1810 would create a new section 1967A 
     within chapter 19 of title 38, United States Code. This 
     section would provide to SGLI-insured servicemembers an 
     opportunity to provide for coverage of their spouses and 
     children. The amount of coverage for a spouse would be equal 
     to the coverage of the insured servicemember, up to a maximum 
     of $50,000. The lives of an insured servicemembers' dependent 
     children would be insured for $5,000.
     House Bill
       The House bills contain no comparable provision.


comptroller general audit of veterans' employment and training service 
                       of the department of labor

     Current Law
       Not applicable.
     Senate Bill
       Section 152 of S. 1810 would require the Comptroller 
     General of the United States to carry out a comprehensive 
     audit of the Veterans' Employment and Training Service of the 
     Department of Labor. The audit would commence not earlier 
     than January 1, 2001, and would be completed not later than 1 
     year after enactment of this provision. Its purpose would be 
     to provide a basis for future evaluations of the 
     effectiveness of the Service in meeting its mission. The 
     audit would review the requirements applicable to the Service 
     under law, evaluate the organizational structure of the 
     Service, and any other matters related to the Service that 
     the Comptroller General considers appropriate.
     House Bill
       The House bills contain no comparable provision.


          accelerated payments of basic educational assistance

     Current Law
       Current law does not provide for accelerated educational 
     assistance payments in VA-administered education programs.
     Senate Bill
       Section 9 of S. 1402 would authorize VA to make accelerated 
     payments under the terms of regulations that VA would 
     promulgate to allow MGIB participants to receive a 
     semester's, a quarter's, or a term's worth of benefits at the 
     beginning of the semester, quarter, or term. For courses not 
     so organized, VA could make an accelerated payment up to a 
     limit established by VA regulation, not to exceed the cost of 
     the course.
     House Bill
       The House bills contain no comparable provision.


eligibility of members of the armed forces to withdraw elections not to 
        receive montgomery gi bill basic educational assistance

     Current Law
       Sections 3011(c)(1) (for active duty service of at least 3 
     years) and 3012(d)(1) (for active duty service of 2 years and 
     4 continuous years in the Selected Reserve) of title 38, 
     United States Code, provide that any servicemember may make 
     an election not to receive educational assistance under 
     chapter 30 of title 38, United States Code. Any such election 
     shall be made at the time the individual initially enters 
     active duty. For servicemembers who elect to sign up for the 
     Montgomery GI Bill, section 3011(b) requires a pay reduction 
     of $100 per month for the first 12 months of active service.
     Senate Bill
       Section 8 of S. 1402 would authorize servicemembers who had 
     ``opted out'' of MGIB participation (by electing not to 
     receive MGIB benefits and whose basic pay during the first 12 
     months of service, therefore, had not been reduced by $100 
     per month for 12 months) to regain eligibility for MGIB 
     benefits by making a $1,500 lump sum payment.
     House Bill
       The House bills contain no comparable provision.


 codification of recurring provisions in annual department of veterans 
                      affairs appropriations acts

     Current Law
       Each year the Congress appropriates funds to the Department 
     of Veterans Affairs as part of the Departments of Veterans 
     Affairs and Housing and Urban Development, Independent 
     Agencies Appropriations Act (VA-HUD appropriations bill). 
     Although the amount of the appropriations varies from year to 
     year, the purposes for which appropriations are made are 
     generally fixed, and change little, if any, from year to 
     year. Because the style of appropriations language 
     discourages normal punctuation or sentence structure, some of 
     the ``sentences'' making appropriations exceed a page in 
     length. This approach appears to make the appropriations 
     language difficult for the average person to read.
     House Bill
       Section 9 of H.R. 4268 would codify recurring provisions in 
     annual Department of Veterans Affairs Appropriations Acts.
     Senate Bill
       The Senate bills contain no comparable provision.

[[Page 22685]]




  MAJOR CONSTRUCTION PROJECT AT THE BOSTON, MASSACHUSETTS HEALTH CARE 
   SYSTEM: INTEGRATION OF THE BOSTON, WEST ROXBURY, AND BROCKTON VA 
                            MEDICAL CENTERS

     Current Law
       No provision.
     House Bill
       The House bills contain no comparable provision.
     Senate Bill
       The Senate bills contain no comparable provision.
     Compromise Agreement
       The Committees take note of concerns registered by Members 
     of both Houses over the pace and poor planning associated 
     with an important project in the greater Boston VA 
     environment. The most recent information on the Boston 
     integration indicates that a new review--by the Capital 
     Assets Restructuring For Enhanced Services (CARES) contractor 
     for New England--will begin soon. The Committees expect VA to 
     complete the Boston integration plan in an expedited manner. 
     Further, the Committees expect the VA to submit a proposal, 
     or a major construction authorization request, to address 
     these infrastructure needs following completion of the CARES 
     validation of bed need in the area. The Committees support 
     this process and look forward to the results of the analysis 
     and any proposal VA consequently may make.


          PILOT PROGRAM FOR COORDINATION OF HOSPITAL BENEFITS

     Current Law
       No provision.
     House Bill
       Section 401 of H.R. 5109 would authorize a four-site VA 
     pilot program. Under the program, veterans with Medicare or 
     private health coverage (and a number of indigent veterans), 
     who rely on a VA community-based clinic, could voluntarily 
     choose nearby community hospital care for brief episodes of 
     medical-surgical inpatient care. The VA clinic would 
     coordinate care and cover required copayments.
     Senate Bill
       The Senate bills contain no comparable provision.


                  UNIFICATION OF MEDICATION COPAYMENTS

     Current Law
       Under Section 1710(a)(2)(G) of title 38, United States 
     Code, VA provides medical care, without imposing an 
     obligation to make copayments for such care, to veterans who 
     are ``unable to defray the expenses of necessary care. . . 
     .'' This is determined by comparing the veteran's annual 
     income against an income threshold that is adjusted annually. 
     A separate provision of law, section 1722A of title 38, 
     United States Code, mandates that VA charge a copayment for 
     each 30-day supply of prescription medications provided to a 
     veteran on an outpatient basis if that medication is for the 
     treatment of a nonservice-connected condition.
       Two categories of veterans are exempt from the copayment 
     obligation: veterans who have service-connected disability 
     ratings of 50 percent or higher, and veterans whose annual 
     income does not exceed the maximum amount of ``means tested'' 
     VA pension that would be payable if such veterans were to 
     qualify for pension. Eligibility for pension is also 
     determined by calculating countable income against an income 
     threshold. This pension level is lower than the health care 
     eligibility income threshold. As a consequence, veterans who 
     are given priority access to VA health care and are exempted 
     from making copayments for that health care under one 
     measurement of their means are required to make copayments 
     for medications under a different measurement of their means.
     Senate Bill
       Section 201 of S. 1810 would unify the copayment exemption 
     thresholds at the health care eligibility income threshold.
     House Bill
       The House bills contain no comparable provision.


    EXTENSION OF MAXIMUM TERM OF VA LEASES TO PROVIDERS OF HOMELESS 
                           VETERANS SERVICES

     Current Law
       VA's Home Loan Guaranty Program assists veterans by 
     facilitating their purchase, construction, and improvement of 
     homes. VA does so by encouraging private lenders to extend 
     favorable credit terms to veterans by guaranteeing repayment 
     of a portion of the lender-provided home loan.
       In some circumstances, veterans default on mortgage loans 
     guaranteed by VA. In such cases, the lender will foreclose, 
     and VA, as a guarantor, may come into possession of the 
     property. Such properties, typically, are sold to the public 
     by VA. VA, however, has the option of leasing such properties 
     to public and nonprofit private providers of services to 
     homeless veterans so that such service-providers may offer 
     shelter and other services to homeless veterans and their 
     families. However, such leases to the providers of services 
     to homeless veterans may not exceed 3 years in term.
     Senate Bill
       Section 311 of S. 1810 would extend the maximum term of VA 
     leases to providers of services to homeless veterans from 3 
     to 20 years.
     House Bill
       The House bills contain no comparable provision.

  Mr. ROCKEFELLER. Mr. President, as the ranking member of the 
Committee on Veterans' Affairs, I urge my colleagues to support this 
comprehensive bill which would make changes to a wide range of 
veterans's benefits and services. The bill represents compromise on 
both sides of the aisle and in both Houses of Congress, and many, many 
hours of staff and Members' work. For that, I thank everyone involved.
  The bill covers a wide spectrum of issues--from new educational 
benefits for service members to improvement in VA nurses' and dentists' 
pay. I would like to address some of the major provisions.
  Mr. President, S. 1402, as amended, represents a comprehensive effort 
to address the shortfall in the amount provided for veterans' 
education. The current basic GI Bill benefit is $536 per month, which, 
according to College Board data, pays for less than 60 percent of the 
costs of a public four-year university. The cost of tuition and fees 
for public and private educational institutions rose approximately 90 
percent from 1980-1995, while the MGIB benefit rates only increased 42 
percent from 1985 to 1995. S. 1402 will provide an increase for fiscal 
year 2001 of 22 percent, raising the basic rate to $650 per month.
  Additionally, this compromise bill adopts a Senate ``buy up'' 
provision that will allow servicemembers to elect to contribute up to 
an additional $600 (above the $1,200 that they contribute over their 
first year of service), in exchange for receiving four times their 
contribution. This additional contribution can be made at any time 
prior to the servicemember leaving service. Thus, it is targeted at 
those who definitely plan to pursue additional education when they 
leave service.
  Although these increases fall short of the full tuition recommended 
last year by the Commission on Servicemembers and Veterans Transition 
Assistance, they will nevertheless provide a substantial improvement in 
assistance to veterans. The basic monthly benefit increase to $650, 
when combined with the maximum ``buy up'' contribution, would yield a 
monthly benefit of $800 per month, an increase of 49 percent over the 
current benefit.
  I believe that education is the key to success in today's high tech, 
fast-paced economy. We must ensure that our nation's veterans do not 
wind up on the wrong side of the ``digital divide.'' It should be our 
policy to always encourage servicemembers and veterans to strive for 
greater achievement. Aside from the benefits that accrue to the 
individual veteran, we cannot overlook the benefits that accrue to our 
Nation when we provide a substantial educational benefit to veterans, 
including increased tax dollars from better salaries, greater stability 
through higher levels of home ownership rates, and a stronger 
recruiting tool for future servicemembers.
  We also must remember our commitment to take care of the families of 
servicemembers killed on duty and families of veterans who are totally 
disabled due to their service. S. 1402 provides a corresponding 
increase in the monthly educational benefit, Dependents' Educational 
Assistance (DEA), provided to survivors and dependents of these 
veterans. Part of the reason that DEA is so low when compared to MGIB 
is that the MGIB rate has been indexed to the inflation rate, while the 
DEA has not. That is why it was so important to me that we index DEA, 
as section 111 of S. 1402 provides. This will ensure that the education 
benefit to eligible dependents and survivors will keep pace with the 
cost of education and MGIB benefits.
  Last year, we expanded VA's authority to provide education benefits 
to veterans by including payment for pre-admission exam preparatory 
courses (SATs, GREs, etc). This year, through section 114, we are 
extending this valuable benefit to the eligible survivors and 
dependents of veterans through

[[Page 22686]]

DEA. At some of the nation's top schools, scores on entrance exams can 
count for half of the total application, creating enormous pressure to 
score well. Studies by national consulting companies have shown 
improvement of over 100 points on the SAT exam scores for students who 
take exam preparatory courses. However, many of these exam preparatory 
course are quite costly. One national provider charges as much as $750 
for a two-month, part-time, SAT preparatory course. Fairtest, an 
educational advocacy group, argues that ``[t]he SAT has always favored 
students who can afford coaching over those who cannot. . . .'' To be 
able to compete, it is critical that veterans' survivors and dependents 
have access to such courses.
  Last year, along with Senator Murray and Senator Daschle, I 
introduced legislation that will provide much needed benefits to the 
children born with birth defects to female Vietnam veterans. I am 
enormously pleased that this legislation has been incorporated in S. 
1402.
  Section 401 will provide health care and compensation to children 
born with permanently disabling birth defects to women Vietnam 
veterans. The legislation had its inception in a comprehensive study 
the VA conducted of long-term reproductive health outcomes of women 
Vietnam-era veterans. After analyzing the records of over 4,000 women 
Vietnam veterans compared with 4,000 women Vietnam-era veterans, the 
study found a ``statistically significant increase in birth defects,'' 
particularly moderate to severe birth defects, in the children of the 
women Vietnam veterans. According to the study, the risk to a woman 
Vietnam veteran of having a child with birth defects was significantly 
elevated, even after adjusting for age, demographic variables, military 
characteristics, and smoking and alcohol consumption of the mothers.
  As VA does not have the authority under current law to provide health 
care or their benefits to the children of women Vietnam veterans 
disabled from birth defects other than spinal bifida, I worked with VA 
to craft legislation modeled after that groundbreaking spina bifida 
legislation to address this issue.
  It is only fitting that we assist these children. Their mothers 
served our Nation with honor and courage, volunteering to be placed in 
harm's way, without knowledge of what effects their service may bring 
later. They were the nurses, mapmakers, air traffic controllers, 
clerical staff, Red Cross and USO workers, and others who supported our 
troops in the field. Unfortunately, some of their children have 
suffered because of their mothers' service, and it is time for them to 
begin to be repaid for that suffering.
  Under the provisions of S. 1402, VA would be authorized to provide 
reimbursement for health care of the disabled children for their birth 
defect and associated conditions, vocational rehabilitation services, 
and a monthly allowance that is not countable as income for the purpose 
of other federal programs.
  Women Vietnam veterans have waited 25 years for this acknowledgment 
of the special risks they faced. Helping their children born with birth 
defects is the logical extension of our policy to provide benefits for 
disabilities that result from service. It's the compassionate and the 
right thing to do, and I am enormously gratified that we are finally 
doing it.
  S. 1402 contains a number of benefits provisions that will aid 
veterans.
  Section 301 extends compensation to be paid to reservists on inactive 
duty for training who were disabled or died from heart attack or stroke 
during training or travel to/from training. Currently, guards members 
and reservists who sustain an injury during inactive duty for training 
are eligible for veterans benefits. However, they are not eligible to 
receive compensation for diseases incurred or aggravated during such 
training, while active duty servicemembers would be eligible for the 
same condition. This provision recognizes the special nature of strokes 
and heart attacks and how they may be triggered by the additional 
physical stress during inactive duty for training, and ensures that 
these servicemembers and their families will be taken care of.
  Section 302 will provide special monthly compensation to female 
veterans who have lost a breast due to service-connected conditions. 
Special monthly compensation is an additional monthly monetary benefit 
provided above regular compensation for loss, or loss of use of a part 
of a veterans' body, that yields an additional disability that another 
loss would not, such as loss of sight or hearing, loss of use of the 
veterans' legs, or loss of a creative organ. The loss of a breast to a 
woman veteran is consistent with the other disabilities where special 
monthly compensation is provided.
  I am very pleased that S. 1402 closes the final chapter on a 55-year-
old injustice--the cause of Filipino veterans who fought under U.S. 
Command during World War II. When the decision to extend benefits to 
this group was initially made, the law authorized payments to Filipino 
veterans at the rate of 50 cents on the dollar of the amounts that 
American veterans receive. It is my understanding that the VA-HUD 
Appropriations bill will contain a provision that will provide full 
compensation benefits and extend health care to these Filipino 
veterans. Section 332 of S. 1402 will extend full burial benefits to 
the dependents of Filipino veterans, while section 331 will provide 
that Filipino veterans who are American citizens and in the U.S. at the 
time of their death can be buried in National Cemeteries. This is a 
long overdue correction of an old injustice.
  I am enormously proud of the fact that S. 1402 includes a small 
provision that I introduced which removes the limit on adaptive housing 
grants to disabled veterans who own their home with someone other than 
a spouse.
  I became aware that there was a problem with the adaptive housing 
regulations when I was contacted by the family of Darren Frederick, a 
West Virginia Gulf War veteran who lost his ability to walk when he 
developed ALS, also known as Lou Gehrig's disease. Darren owned a house 
with his brother and applied for a grant from VA to adapt his home for 
his wheelchair. But because he owned the house with someone other than 
a spouse, VA regulations required that the grant be reduced by half. 
Still, this young, disabled veteran needed a whole ramp, not half a 
ramp, into his home.
  The regulation VA was applying was written in 1947 to protect 
veterans from unscrupulous people who might take advantage of them. 
However, I am certain that this provision has hurt far more people than 
it has helped. That is why I pushed to eliminate it, and am pleased to 
say that it is no longer going to be the law. Unfortunately, I am sad 
to say that this change came too late to help young Darren Frederick. 
Darren passed away while he was still dealing with the red tape caused 
by this provision.
  I am very disappointed that last year we were unable to move the 
Senate provision overturning the ``$1,500 rule.'' Since 1933, the law 
has required VA to suspend the compensation or pension benefits of 
incompetent veterans who have no dependents and are hospitalized at 
government expense. This suspension is triggered when the veteran's 
estate (basically, his bank account) exceeds $1,500, and continues 
until the estate is spent down to $500. At that time, VA reinstates the 
veteran's compensation until the veteran is hospitalized again and the 
estate exceeds $1,500, when the benefits are cut off again. No similar 
suspension is made for competent veterans or for incompetent veterans 
who are not hospitalized or who have dependents.
  The rationale for cutting off benefits was that these veterans might 
have been institutionalized for years, and that it was not good policy 
to allow their estates to build up when they have no dependents to 
inherit them. There was also a fear of fraud on the part of the 
veteran's guardian or fiduciary.
  Today, veterans are generally being hospitalized for shorter periods 
of time, but even so, the rule often applies quickly because of the 
outdated low dollar limit. It takes VA an average of 66 days to restore 
the benefits to incompetent veterans once their estates

[[Page 22687]]

have been spent down. The result is that a veteran may have been 
released from the hospital for quite some time before the benefit is 
restored, creating great hardships in paying for the expenses of daily 
living.
  The dollar amounts of the limit have not changed since 1933, when 
$1,500 equaled almost three years' worth of VA benefits at a 100 
percent rating level. In today's dollars, this is less than one month's 
benefit at a 100 percent rating level. Although I truly believe that 
this is an outdated and indefensible policy that discriminates against 
incompetent veterans--veterans who are least likely to be able to fight 
for themselves--we remain unable to fully eliminate the restriction, as 
I wish we could. However, we are doing the next best thing--raising the 
limits to a more realistic dollar amount and indexing it to account for 
future increases in compensation. Section 304 provides that the $1,500 
will be replaced with the dollar value represented by five times the 
100-percent service-connected compensation rate, and that amount will 
be indexed to include future cost-of-living adjustments. If we can't 
eliminate this type of discrimination, I am gratified that we could at 
least reduce its application and impact.
  I am especially pleased that this legislation includes authorization 
for the construction of a $9.5 million nursing home in Beckley, West 
Virginia. With the World War II and Korean War veteran population 
aging, there is a increased demand for an alternative to private long-
term care, which is often costly and beyond the reach of many veterans 
and their families. I fought so hard for this federally funded facility 
because it will be available to all veterans in need of care, 
regardless of income. It will also contain a 20-bed Alzheimer's unit, 
to meet the special needs of those suffering from this horrible 
disease. Long-term care for Alzheimer's patients is very limited in 
southern West Virginia, and the Beckley VA Medical Center must often 
send veterans outside the state for this specialized care. Quality 
long-term care for West Virginia veterans is long overdue.
  Currently, the Senate is deliberating on a bill that would 
appropriate $1 million in design funds for this project. I am hopeful 
that we will get the full amount needed for completion of the facility 
in the near future.
  I am very proud of the nurses' pay provision in section 201 of S. 
1402, which finally gives a very valued segment of VA's health care 
staff their due. Since the inception of the locality pay system in 
1990, which determined the rate of pay for nurses according to trends 
in local health care labor markets, only some nurses in the VA system 
nationwide have actually seen pay increases. This was an unjust 
consequence of implementing the locality pay system that I am very glad 
we can now rectify.
  This bill prohibits directors from reducing nurses' pay, and 
guarantees VA nurses a national comparability increase equivalent to 
that provided to other federal employees. Additionally, it reforms the 
local labor market survey process currently used to determine wages. 
Finally, I am pleased that this provision also requires Veterans Health 
Administration network directors to consult directly with nurses on 
policy issues that involve the work of VA nurses, and allows registered 
nurses to participate on medical center committees considering clinical 
care, budget matters, or resource allocation involving the care and 
treatment of veteran patients.
  Section 202, the dentists' pay provision of S. 1402, is one that I am 
very satisfied with as it seeks to improve the recruitment and 
retention of dentists within the VA, and, therefore, the level of 
dental care our veterans receive as well. The basic pay rates of 
dentists employed in the VHA are supplemented by special pay and 
incentive pay scales that were originally enacted with the intent of 
helping recruitment and retention rates. However, they were not 
sufficient enough to keep this vital sector of veterans' care secured. 
This bill will build on what was already started nearly 10 years ago by 
finally revising and increasing the rates of special pay for VA 
dentists.
  Another important provision in this legislation that I am very proud 
of is the creation of a physician assistant advisory position within 
the Veterans Health Administration (VHA). This position will finally 
give voice to a very essential segment of the VA health care system.
  Current law requires that the office of Under Secretary for Health in 
the VA include representatives of a variety of health care professions. 
However, despite the fact that the VA is the nation's largest single 
employer of physician assistants, physician assistants have not had any 
representation within this office.
  That is why I am pleased to be able to provide these often underrated 
health care workers with their own representative advisor. The VA Under 
Secretary for Health will designate a VHA physician assistant to fill 
this position and charge that person with advising on all matters 
regarding the employment and use of physician assistants within the 
Veterans Health Administration. The advisor may be assigned out in the 
field with periodical visits as necessary to VHA headquarters for 
reports, so that they are able to keep in touch both with physician 
assistants working all over the country and the VA Under Secretary for 
Health in VA Headquarters. The language associated with this section 
specifically calls upon VA to provide this individual with the 
necessary support and resources to enable this consultant to fulfill 
the assigned responsibilities of this position.
  Just over 15 years ago, the VA conducted a large-scale survey on the 
occurrence of PTSD and other psychological problems in Vietnam 
veterans. The study found that 15 percent of male veterans and 8.5 
percent of female veterans suffered from PTSD. However, among those 
veterans exposed to higher levels of war zone stress, PTSD rates were 
significantly higher. In addition, the study found that nearly one-
third of both male and female Vietnam veterans had suffered from PTSD 
at some point following military service.
  Therefore, I am very gratified that this bill provides for a followup 
study to be conducted to monitor the effectivness of the PTSD programs 
and other psychiatric services the VA has provided over the years to 
help veterans cope with the symptoms of this debilitating disorder. The 
study is to be conducted by an independent contractor, but the VA is 
being encouraged to design the study protocol itself in order to secure 
high quality responses to the survey.
  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--Bill Turek, 
Staff Director; Chris Yoder, Assistant Staff Director; and Legislative 
Assistants Jon Tower and William Cahill, we are moving this significant 
piece of legislation today.
  I appreciate the willingness of the House Committee on Veterans' 
Affairs, especially Chairman Bob Stump and Ranking Member Lane Evans, 
to work together to reach compromise on so many vital issues.
  And I would be remiss if I did not acknowledge the efforts of my own 
staff: Jim Gottlieb, Minority Staff Director; Kim Lipsky, Professional 
Staff Member; and Mary Schoelen, Counsel. I am enormously grateful for 
their diligence, and for their commitment to the work we do in this 
Committee on behalf of our Nation's veterans.
  The PRESIDING OFFICER. Without objection, the amendment (No. 4314) is 
agreed to.
  The PRESIDING OFFICER. The Senate concurs in the amendment of the 
House to the title of the bill with an amendment.
  The title of the bill was amended so as to read: ``An Act to amend 
title 38, United States Code, to increase the rates of educational 
assistance under the Montgomery GI Bill, to improve procedures for the 
adjustment of rates of pay for nurses employed by the Department of 
Veterans Affairs, to make other improvements in veterans educational 
assistance, health care, and benefits programs, and for other 
purposes.''.




                          ____________________