[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1402 Enrolled Bill (ENR)]
S.1402
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Benefits
and Health Care Improvement Act of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--EDUCATIONAL ASSISTANCE PROVISIONS
Subtitle A--Montgomery GI Bill Educational Assistance
Sec. 101. Increase in rates of basic educational assistance under
Montgomery GI Bill.
Sec. 102. Uniform requirement for high school diploma or equivalency
before application for Montgomery GI Bill benefits.
Sec. 103. Repeal of requirement for initial obligated period of active
duty as condition of eligibility for Montgomery GI Bill
benefits.
Sec. 104. Additional opportunity for certain VEAP participants to enroll
in basic educational assistance under Montgomery GI Bill.
Sec. 105. Increased active duty educational assistance benefit for
contributing members.
Subtitle B--Survivors' and Dependents' Educational Assistance
Sec. 111. Increase in rates of survivors' and dependents' educational
assistance.
Sec. 112. Election of certain recipients of commencement of period of
eligibility for survivors' and dependents' educational
assistance.
Sec. 113. Adjusted effective date for award of survivors' and
dependents' educational assistance.
Sec. 114. Availability under survivors' and dependents' educational
assistance of preparatory courses for college and graduate
school entrance exams.
Subtitle C--General Educational Assistance
Sec. 121. Revision of educational assistance interval payment
requirements.
Sec. 122. Availability of education benefits for payment for licensing
or certification tests.
Sec. 123. Increase for fiscal years 2001 and 2002 in aggregate annual
amount available for State approving agencies for
administrative expenses.
TITLE II--HEALTH PROVISIONS
Subtitle A--Personnel Matters
Sec. 201. Annual national pay comparability adjustment for nurses
employed by Department of Veterans Affairs.
Sec. 202. Special pay for dentists.
Sec. 203. Exemption for pharmacists from ceiling on special salary
rates.
Sec. 204. Temporary full-time appointments of certain medical personnel.
Sec. 205. Qualifications of social workers.
Sec. 206. Physician assistant adviser to Under Secretary for Health.
Sec. 207. Extension of voluntary separation incentive payments.
Subtitle B--Military Service Issues
Sec. 211. Findings and sense of Congress concerning use of military
histories of veterans in Department of Veterans Affairs health
care.
Sec. 212. Study of post-traumatic stress disorder in Vietnam veterans.
Subtitle C--Medical Administration
Sec. 221. Department of Veterans Affairs Fisher Houses.
Sec. 222. Exception to recapture rule.
Sec. 223. Sense of Congress concerning cooperation between the
Department of Veterans Affairs and the Department of Defense
in the procurement of medical items.
Sec. 224. Technical and conforming changes.
Subtitle D--Construction Authorization
Sec. 231. Authorization of major medical facility projects.
Sec. 232. Authorization of appropriations.
Subtitle E--Real Property Matters
Sec. 241. Change to enhanced use lease congressional notification
period.
Sec. 242. Release of reversionary interest of the United States in
certain real property previously conveyed to the State of
Tennessee.
Sec. 243. Demolition, environmental cleanup, and reversion of Department
of Veterans Affairs Medical Center, Allen Park, Michigan.
Sec. 244. Conveyance of certain property at the Carl Vinson Department
of Veterans Affairs Medical Center, Dublin, Georgia.
Sec. 245. Land conveyance, Miles City Department of Veterans Affairs
Medical Center complex, Miles City, Montana.
Sec. 246. Conveyance of Fort Lyon Department of Veterans Affairs Medical
Center, Colorado, to the State of Colorado.
Sec. 247. Effect of closure of Fort Lyon Department of Veterans Affairs
Medical Center on administration of health care for veterans.
TITLE III--COMPENSATION, INSURANCE, HOUSING, EMPLOYMENT, AND MEMORIAL
AFFAIRS PROVISIONS
Subtitle A--Compensation Program Changes
Sec. 301. Strokes and heart attacks incurred or aggravated by members of
reserve components in the performance of duty while performing
inactive duty training to be considered to be service-
connected.
Sec. 302. Special monthly compensation for women veterans who lose a
breast as a result of a service-connected disability.
Sec. 303. Benefits for persons disabled by participation in compensated
work therapy program.
Sec. 304. Revision to limitation on payments of benefits to incompetent
institutionalized veterans.
Sec. 305. Review of dose reconstruction program of the Defense Threat
Reduction Agency.
Subtitle B--Life Insurance Matters
Sec. 311. Premiums for term Service Disabled Veterans' Insurance for
veterans older than age 70.
Sec. 312. Increase in automatic maximum coverage under Servicemembers'
Group Life Insurance and Veterans' Group Life Insurance.
Sec. 313. Eligibility of certain members of the Individual Ready Reserve
for Servicemembers' Group Life Insurance.
Subtitle C--Housing and Employment Programs
Sec. 321. Elimination of reduction in assistance for specially adapted
housing for disabled veterans for veterans having joint
ownership of housing units.
Sec. 322. Veterans employment emphasis under Federal contracts for
recently separated veterans.
Sec. 323. Employers required to grant leave of absence for employees to
participate in honor guards for funerals of veterans.
Subtitle D--Cemeteries and Memorial Affairs
Sec. 331. Eligibility for interment of certain Filipino veterans of
World War II in national cemeteries.
Sec. 332. Payment rate of certain burial benefits for certain Filipino
veterans of World War II.
Sec. 333. Plot allowance for burial in State veterans cemeteries.
TITLE IV--OTHER MATTERS
Sec. 401. Benefits for the children of women Vietnam veterans who suffer
from certain birth defects.
Sec. 402. Extension of certain expiring authorities.
Sec. 403. Preservation of certain reporting requirements.
Sec. 404. Technical amendments.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
TITLE I--EDUCATIONAL ASSISTANCE PROVISIONS
Subtitle A--Montgomery GI Bill Educational Assistance
SEC. 101. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER
MONTGOMERY GI BILL.
(a) Active Duty Educational Assistance.--Section 3015 is amended--
(1) in subsection (a)(1), by striking ``$528'' and inserting
``$650''; and
(2) in subsection (b)(1), by striking ``$429'' and inserting
``$528''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on November 1, 2000, and shall apply with respect to
educational assistance allowances paid under chapter 30 of title 38,
United States Code, for months after October 2000.
SEC. 102. UNIFORM REQUIREMENT FOR HIGH SCHOOL DIPLOMA OR
EQUIVALENCY BEFORE APPLICATION FOR MONTGOMERY GI BILL BENEFITS.
(a) Active Duty Program.--(1) Section 3011 is amended--
(A) in subsection (a), by striking paragraph (2) and inserting
the following new paragraph (2):
``(2) who completes the requirements of a secondary school
diploma (or equivalency certificate), or successfully completes (or
otherwise receives academic credit for) the equivalent of 12
semester hours in a program of education leading to a standard
college degree, before applying for benefits under this section;
and''; and
(B) by striking subsection (e).
(2) Section 3017(a)(1)(A)(ii) is amended by striking ``clause
(2)(A)'' and inserting ``clause (2)''.
(b) Selected Reserve Program.--Section 3012 is amended--
(1) in subsection (a), by striking paragraph (2) and inserting
the following new paragraph (2):
``(2) who completes the requirements of a secondary school
diploma (or equivalency certificate), or successfully completes (or
otherwise receives academic credit for) the equivalent of 12
semester hours in a program of education leading to a standard
college degree, before applying for benefits under this section;
and''; and
(2) by striking subsection (f).
(c) Withdrawal of Election Not To Enroll.--Paragraph (4) of section
3018(b) is amended to read as follows:
``(4) before applying for benefits under this section--
``(A) completes the requirements of a secondary school
diploma (or equivalency certificate); or
``(B) successfully completes (or otherwise receives
academic credit for) the equivalent of 12 semester hours in a
program of education leading to a standard college degree;
and''.
(d) Educational Assistance Program for Members of Selected
Reserve.--Paragraph (2) of section 16132(a) of title 10, United States
Code, is amended to read as follows:
``(2) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or an
equivalency certificate);''.
(e) Delimiting Period.--(1) In the case of an individual described
in paragraph (2), with respect to the time limitation under section
3031 of title 38, United States Code, for use of eligibility and
entitlement of basic educational assistance under chapter 30 of such
title, the 10-year period applicable under such section shall begin on
the later of--
(A) the date of the enactment of this Act; or
(B) the date of the individual's last discharge or release from
active duty.
(2) An individual referred to in paragraph (1) is an individual
who--
(A) before the date of the enactment of this Act, was not
eligible for such basic educational assistance by reason of the
requirement of a secondary school diploma (or equivalency
certificate) as a condition of eligibility for such assistance as
in effect on the date preceding the date of the enactment of this
Act; and
(B) becomes entitled to basic educational assistance under
section 3011(a)(2), 3012(a)(2), or 3018(b)(4) of title 38, United
States Code, by reason of the amendments made by this section.
SEC. 103. REPEAL OF REQUIREMENT FOR INITIAL OBLIGATED PERIOD OF
ACTIVE DUTY AS CONDITION OF ELIGIBILITY FOR MONTGOMERY GI BILL
BENEFITS.
(a) Active Duty Program.--Section 3011 is amended--
(1) in subsection (a)(1)(A)--
(A) by striking clause (i) and inserting the following new
clause (i):
``(i) who serves an obligated period of active duty of
at least two years of continuous active duty in the Armed
Forces; or''; and
(B) in clause (ii)(II), by striking ``in the case of an
individual who completed not less than 20 months'' and all that
follows through ``was at least three years'' and inserting
``if, in the case of an individual with an obligated period of
service of two years, the individual completes not less than 20
months of continuous active duty under that period of obligated
service, or, in the case of an individual with an obligated
period of service of at least three years, the individual
completes not less than 30 months of continuous active duty
under that period of obligated service'';
(2) in subsection (d)(1), by striking ``individual's initial
obligated period of active duty'' and inserting ``obligated period
of active duty on which an individual's entitlement to assistance
under this section is based'';
(3) in subsection (h)(2)(A), by striking ``during an initial
period of active duty,'' and inserting ``during the obligated
period of active duty on which entitlement to assistance under this
section is based,''; and
(4) in subsection (i), by striking ``initial''.
(b) Selected Reserve Program.--Section 3012 is amended--
(1) in subsection (a)(1)(A)(i), by striking ``, as the
individual's'' and all that follows through ``Armed Forces'' and
inserting ``an obligated period of active duty of at least two
years of continuous active duty in the Armed Forces''; and
(2) in subsection (e)(1), by striking ``initial''.
(c) Duration of Assistance.--Section 3013 is amended--
(1) in subsection (a)(2), by striking ``individual's initial
obligated period of active duty'' and inserting ``obligated period
of active duty on which such entitlement is based''; and
(2) in subsection (b)(1), by striking ``individual's initial
obligated period of active duty'' and inserting ``obligated period
of active duty on which such entitlement is based''.
(d) Amount of Assistance.--Section 3015 is amended--
(1) in the second sentence of subsection (a), by inserting
before ``a basic educational assistance allowance'' the following:
``in the case of an individual entitled to an educational
assistance allowance under this chapter whose obligated period of
active duty on which such entitlement is based is three years,'';
(2) in subsection (b), by striking ``and whose initial
obligated period of active duty is two years,'' and inserting
``whose obligated period of active duty on which such entitlement
is based is two years,''; and
(3) in subsection (c)(2), by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs (A) and (B):
``(A) whose obligated period of active duty on which such
entitlement is based is less than three years;
``(B) who, beginning on the date of the commencement of such
obligated period of active duty, serves a continuous period of
active duty of not less than three years; and''.
(e) Delimiting Period.--(1) In the case of an individual described
in paragraph (2), with respect to the time limitation under section
3031 of title 38, United States Code, for use of eligibility and
entitlement of basic educational assistance under chapter 30 of such
title, the 10-year period applicable under such section shall begin on
the later of--
(A) the date of the enactment of this Act; or
(B) the date of the individual's last discharge or release from
active duty.
(2) An individual referred to in paragraph (1) is an individual
who--
(A) before the date of the enactment of this Act, was not
eligible for basic educational assistance under chapter 30 of such
title by reason of the requirement of an initial obligated period
of active duty as condition of eligibility for such assistance as
in effect on the date preceding the date of the enactment of this
Act; and
(B) on or after such date becomes eligible for such assistance
by reason of the amendments made by this section.
SEC. 104. 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 one-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 each of 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, when discharged or released from active
duty, is discharged or released therefrom with an honorable
discharge.
``(3)(A) Subject to the 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 qualified
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 subclause (I) of such paragraph; or
``(B) the retired or retainer pay of the qualified individual
is first reduced under subclause (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
subsection 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)''.
(c) Coordination Provisions.--(1) If this Act is enacted before the
provisions of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 are enacted into law, section 1601 of that Act,
including the amendments made by that section, shall not take effect.
If this Act is enacted after the provisions of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 are enacted
into law, then as of the enactment of this Act, the amendments made by
section 1601 of that Act shall be deemed for all purposes not to have
taken effect and that section shall cease to be in effect.
(2) If the Veterans Claims Assistance Act of 2000 is enacted before
the provisions of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 are enacted into law, section 1611 of the
Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001, including the amendments made by that section, shall not take
effect. If the Veterans Claims Assistance Act of 2000 is enacted after
the provisions of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 are enacted into law, then as of the enactment
of the Veterans Claims Assistance Act of 2000, the amendments made by
section 1611 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 shall be deemed for all purposes not to have taken
effect and that section shall cease to be in effect.
SEC. 105. INCREASED ACTIVE DUTY EDUCATIONAL ASSISTANCE BENEFIT FOR
CONTRIBUTING MEMBERS.
(a) Authority To Make Contributions for Increased Assistance
Amount.--(1) Section 3011, as amended by section 102(a)(1)(B), is
amended by inserting after subsection (d) the following new subsection
(e):
``(e)(1) Any individual eligible for educational assistance under
this section who does not make an election under subsection (c)(1) may
contribute amounts for purposes of receiving an increased amount of
basic educational assistance as provided for under section 3015(g) of
this title. Such contributions shall be in addition to any reductions
in the basic pay of such individual under subsection (b).
``(2) An individual covered by paragraph (1) may make the
contributions authorized by that paragraph at any time while on active
duty.
``(3) The total amount of the contributions made by an individual
under paragraph (1) may not exceed $600. Such contributions shall be
made in multiples of $4.
``(4) Contributions under this subsection shall be made to the
Secretary. The Secretary shall deposit any amounts received by the
Secretary as contributions under this subsection into the Treasury as
miscellaneous receipts.''.
(2) Section 3012, as amended by section 102(b)(2), is amended by
inserting after subsection (e) the following new subsection (f):
``(f)(1) Any individual eligible for educational assistance under
this section who does not make an election under subsection (d)(1) may
contribute amounts for purposes of receiving an increased amount of
basic educational assistance as provided for under section 3015(g) of
this title. Such contributions shall be in addition to any reductions
in the basic pay of such individual under subsection (c).
``(2) An individual covered by paragraph (1) may make the
contributions authorized by that paragraph at any time while on active
duty.
``(3) The total amount of the contributions made by an individual
under paragraph (1) may not exceed $600. Such contributions shall be
made in multiples of $4.
``(4) Contributions under this subsection shall be made to the
Secretary. The Secretary shall deposit any amounts received by the
Secretary as contributions under this subsection into the Treasury as
miscellaneous receipts.''.
(b) Increased Assistance Amount.--Section 3015 is amended--
(1) by striking ``subsection (g)'' each place it appears in
subsections (a)(1) and (b)(1) and inserting ``subsection (h)'';
(2) by redesignating subsection (g) as subsection (h); and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) In the case of an individual who has made contributions
authorized by section 3011(e) or 3012(f) of this title, the monthly
amount of basic educational assistance allowance applicable to such
individual under subsection (a), (b), or (c) shall be the monthly rate
otherwise provided for under the applicable subsection increased by--
``(1) an amount equal to $1 for each $4 contributed by such
individual under section 3011(e) or 3012(f), as the case may be,
for an approved program of education pursued on a full-time basis;
or
``(2) an appropriately reduced amount based on the amount so
contributed, as determined under regulations which the Secretary
shall prescribe, for an approved program of education pursued on
less than a full-time basis.''.
(c) Effective Date.--The amendments made by this section shall take
effect on May 1, 2001.
(d) Transitional Provision for Individuals Discharged Between
Enactment and Effective Date.--(1) During the period beginning on May
1, 2001, and ending on July 31, 2001, an individual described in
paragraph (2) may make contributions under section 3011(e) or 3012(f)
of title 38, United States Code (as added by subsection (a)), whichever
is applicable to that individual, without regard to paragraph (2) of
that section and otherwise in the same manner as an individual eligible
for educational assistance under chapter 30 of such title who is on
active duty.
(2) Paragraph (1) applies in the case of an individual who--
(A) is discharged or released from active duty during the
period beginning on the date of the enactment of this Act and
ending on April 30, 2001; and
(B) is eligible for educational assistance under chapter 30 of
title 38, United States Code.
Subtitle B--Survivors' and Dependents' Educational Assistance
SEC. 111. INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS'
EDUCATIONAL ASSISTANCE.
(a) Survivors' and Dependents' Educational Assistance.--Section
3532 is amended--
(1) in subsection (a)(1)--
(A) by striking ``$485'' and inserting ``$588'';
(B) by striking ``$365'' and inserting ``$441''; and
(C) by striking ``$242'' and inserting ``$294'';
(2) in subsection (a)(2), by striking ``$485'' and inserting
``$588'';
(3) in subsection (b), by striking ``$485'' and inserting
``$588''; and
(4) in subsection (c)(2)--
(A) by striking ``$392'' and inserting ``$475'';
(B) by striking ``$294'' and inserting ``$356''; and
(C) by striking ``$196'' and inserting ``$238''.
(b) Correspondence Course.--Section 3534(b) is amended by striking
``$485'' and inserting ``$588''.
(c) Special Restorative Training.--Section 3542(a) is amended--
(1) by striking ``$485'' and inserting ``$588'';
(2) by striking ``$152'' each place it appears and inserting
``$184''; and
(3) by striking ``$16.16'' and all that follows and inserting
``such increased amount of allowance that is equal to one-thirtieth
of the full-time basic monthly rate of special training
allowance.''.
(d) Apprenticeship Training.--Section 3687(b)(2) is amended--
(1) by striking ``$353'' and inserting ``$428'';
(2) by striking ``$264'' and inserting ``$320'';
(3) by striking ``$175'' and inserting ``$212''; and
(4) by striking ``$88'' and inserting ``$107''.
(e) Effective Date.--The amendments made by subsections (a) through
(d) shall take effect on November 1, 2000, and shall apply with respect
to educational assistance allowances paid under chapter 35 of title 38,
United States Code, for months after October 2000.
(f) 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
``(2) such Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(3) Effective date.--Sections 3654 and 3687(d) of title 38,
United States Code, as added by this subsection, shall take effect
on October 1, 2001.
SEC. 112. ELECTION OF CERTAIN RECIPIENTS OF COMMENCEMENT OF PERIOD
OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE.
Section 3512(a)(3) is amended by striking ``8 years after,'' and
all that follows through the end and inserting ``8 years after the date
that is elected by that person to be the beginning date of entitlement
under section 3511 of this title or subchapter V of this chapter if--
``(A) the Secretary approves that beginning date;
``(B) the eligible person makes that election after the
person's eighteenth birthday but before the person's twenty-
sixth birthday; and
``(C) that beginning date--
``(i) in the case of a person whose eligibility is
based on a parent who has a service-connected total
disability permanent in nature, is between the dates
described in subsection (d); and
``(ii) in the case of a person whose eligibility is
based on the death of a parent, is between--
``(I) the date of the parent's death; and
``(II) the date of the Secretary's decision that
the death was service-connected;''.
SEC. 113. 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 under
chapter 35 of this title for an individual described in paragraph (2)
based on an original claim, the Secretary may consider the individual's
application as having been filed on the eligibility date of the
individual if that eligibility date is more than one year before the
date of the initial rating decision.
``(2) An individual referred to in paragraph (1) is an eligible
person who--
``(A) submits to the Secretary an original application for
educational assistance under chapter 35 of this title within one
year of the date that the Secretary makes the rating decision;
``(B) claims such educational assistance for pursuit of an
approved program of education during a period preceding the one-
year period ending on the date on which the application was
received by the Secretary; and
``(C) would have been entitled to such educational assistance
for such course pursuit if the individual had submitted such an
application on the individual's eligibility date.
``(3) In this subsection:
``(A) The term `eligibility date' means the date on which an
individual becomes an eligible person.
``(B) The term `eligible person' has the meaning given that
term under section 3501(a)(1) of this title under subparagraph
(A)(i), (A)(ii), (B), or (D) of such section by reason of either
(i) the service-connected death or (ii) service-connected total
disability permanent in nature of the veteran from whom such
eligibility is derived.
``(C) The term `initial rating decision' means with respect to
an eligible person a decision made by the Secretary that
establishes (i) service connection for such veteran's death or (ii)
the existence of such veteran's service-connected total disability
permanent in nature, as the case may be.''.
(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. 114. AVAILABILITY UNDER SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE OF PREPARATORY COURSES FOR COLLEGE AND GRADUATE SCHOOL
ENTRANCE EXAMS.
(a) In General.--Section 3501(a)(5) is amended by adding at the end
the following new sentence: ``Such term also includes any preparatory
course described in section 3002(3)(B) of this title.''.
(b) Scope of Availability.--Section 3512(a) is amended--
(1) by striking ``and'' at the end of clause (5);
(2) by striking the period at the end of clause (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) if the person is pursuing a preparatory course described
in section 3002(3)(B) of this title, such period may begin on the
date that is the first day of such course pursuit, notwithstanding
that such date may be before the person's eighteenth birthday,
except that in no case may such person be afforded educational
assistance under this chapter for pursuit of secondary schooling
unless such course pursuit would otherwise be authorized under this
subsection.''.
Subtitle C--General Educational Assistance
SEC. 121. 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 those terms does not exceed eight 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. 122. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT FOR
LICENSING OR CERTIFICATION TESTS.
(a) In General.--Sections 3452(b) and 3501(a)(5) (as amended by
section 114(a)) 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:
``(f)(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), 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)(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), 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)(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), 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)(1) Subject to paragraph (3), the amount of educational
assistance payable under this chapter for a licensing or certification
test described in section 3501(a)(5) 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), 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)
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 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 provisions of this chapter and chapters 30, 32, 34, and 35 of this
title and with regulations prescribed 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 a State, is deemed approved by the Secretary
for purposes of this section.
``(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
chapter 30, 32, 34, or 35 of this title 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 the licensing or certification test offered by the
organization or entity 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.
``(B) The organization or entity is licensed, chartered, or
incorporated in a State and has offered the test for a minimum of
two 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 or certificate issued.
``(D) The organization or entity has no direct financial
interest in--
``(i) the outcome of the 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 the test for a period
prescribed by the Secretary, but in no case for a period of less
than three 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 the test 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 the test as the Secretary requires
to determine whether payment may be made for the test under chapter
30, 32, 34, or 35 of this title, 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 the licensing or certification test
offered by the organization or entity, including the purpose of
the test, the vocational, professional, governmental, and other
entities that recognize the test, and the license or
certificate issued upon successful completion of the test.
``(ii) The requirements to take the 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 the 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 chapters 30, 32, 34, or 35 of this title, the following
provisions of paragraph (1) shall apply to the entity: subparagraphs
(E), (F), (G), and (H).
``(d) Administration.--Except as otherwise specifically provided in
this section or chapter 30, 32, 34, or 35 of this title, in
implementing this section and making payment under any such chapter 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.
``(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 (hereinafter 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 chapter 30, 32, 34, or 35 of this title, and such other
related issues as the Committee determines to be appropriate.
``(3)(A) The Secretary shall appoint seven individuals with
expertise in matters relating to licensing and certification tests to
serve as members of the Committee.
``(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.
``(5) The Committee shall terminate December 31, 2006.''.
(2) 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 March 1, 2001, and shall apply with respect to licensing and
certification tests approved by the Secretary of Veterans Affairs on or
after such date.
(e) Startup Funding.--From amounts appropriated to the Department
of Veterans Affairs for fiscal year 2001 for readjustment benefits, the
Secretary of Veterans Affairs shall use an amount not to exceed
$3,000,000 to develop the systems and procedures required to make
payments under chapters 30, 32, 34, and 35 of title 38, United States
Code, for licensing and certification tests.
SEC. 123. INCREASE FOR FISCAL YEARS 2001 AND 2002 IN AGGREGATE
ANNUAL AMOUNT AVAILABLE FOR STATE APPROVING AGENCIES FOR
ADMINISTRATIVE EXPENSES.
Section 3674(a)(4) is amended--
(1) in the first sentence, by inserting ``or, for each of
fiscal years 2001 and 2002, $14,000,000'' after ``$13,000,000'';
and
(2) in the second sentence, by striking ``$13,000,000'' both
places it appears and inserting ``the amount applicable to that
fiscal year under the preceding sentence''.
TITLE II--HEALTH PROVISIONS
Subtitle A--Personnel Matters
SEC. 201. ANNUAL NATIONAL PAY COMPARABILITY ADJUSTMENT FOR NURSES
EMPLOYED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Revised Pay Adjustment Procedures.--(1) Subsection (d) of
section 7451 is amended--
(A) in paragraph (1)--
(i) by striking ``The rates'' and inserting ``Subject to
subsection (e), the rates''; and
(ii) in subparagraph (A)--
(I) by striking ``section 5305'' and inserting
``section 5303''; and
(II) by inserting ``and to be by the same percentage''
after ``to have the same effective date'';
(B) in paragraph (2), by striking ``Such'' in the second
sentence and inserting ``Except as provided in paragraph (1)(A),
such'';
(C) in paragraph (3)(B)--
(i) by inserting after the first sentence the following new
sentence: ``To the extent practicable, the director shall use
third-party industry wage surveys to meet the requirements of
the preceding sentence.'';
(ii) by inserting before the penultimate sentence the
following new sentence: ``To the extent practicable, all
surveys conducted pursuant to this subparagraph or subparagraph
(A) shall include the collection of salary midpoints, actual
salaries, lowest and highest salaries, average salaries,
bonuses, incentive pays, differential pays, actual beginning
rates of pay, and such other information needed to meet the
purpose of this section.''; and
(iii) in the penultimate sentence, by inserting ``or
published'' after ``completed''; and
(D) by striking clause (iii) of paragraph (3)(C).
(2) Subsection (e) of such section is amended to read as follows:
``(e)(1) An adjustment in a rate of basic pay under subsection (d)
may not reduce the rate of basic pay applicable to any grade of a
covered position.
``(2) The director of a Department health-care facility, in
determining whether to carry out a wage survey under subsection (d)(3)
with respect to rates of basic pay for a grade of a covered position,
may not consider as a factor in such determination the absence of a
current recruitment or retention problem for personnel in that grade of
that position. The director shall make such a determination based upon
whether, in accordance with criteria established by the Secretary,
there is a significant pay-related staffing problem at that facility in
any grade for a position. If the director determines that there is such
a problem, or that such a problem is likely to exist in the near
future, the Director shall provide for a wage survey in accordance with
subsection (d)(3).
``(3) The Under Secretary for Health may, to the extent necessary
to carry out the purposes of subsection (d), modify any determination
made by the director of a Department health-care facility with respect
to adjusting the rates of basic pay applicable to covered positions. If
the determination of the director would result in an adjustment in
rates of basic pay applicable to covered positions, any action by the
Under Secretary under the preceding sentence shall be made before the
effective date of such pay adjustment. Upon such action by the Under
Secretary, any adjustment shall take effect on the first day of the
first pay period beginning after such action. The Secretary shall
ensure that the Under Secretary establishes a mechanism for the timely
exercise of the authority in this paragraph.
``(4) Each director of a Department health-care facility shall
provide to the Secretary, not later than July 31 each year, a report on
staffing for covered positions at that facility. The report shall
include the following:
``(A) Information on turnover rates and vacancy rates for each
grade in a covered position, including a comparison of those rates
with the rates for the preceding three years.
``(B) The director's findings concerning the review and
evaluation of the facility's staffing situation, including whether
there is, or is likely to be, in accordance with criteria
established by the Secretary, a significant pay-related staffing
problem at that facility for any grade of a covered position and,
if so, whether a wage survey was conducted, or will be conducted
with respect to that grade.
``(C) In any case in which the director conducts such a wage
survey during the period covered by the report, information
describing the survey and any actions taken or not taken based on
the survey, and the reasons for taking (or not taking) such
actions.
``(D) In any case in which the director, after finding that
there is, or is likely to be, in accordance with criteria
established by the Secretary, a significant pay-related staffing
problem at that facility for any grade of a covered position,
determines not to conduct a wage survey with respect to that
position, a statement of the reasons why the director did not
conduct such a survey.
``(5) Not later than September 30 of each year, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on staffing for covered positions at
Department health care facilities. Each such report shall include the
following:
``(A) A summary and analysis of the information contained in
the most recent reports submitted by facility directors under
paragraph (4).
``(B) The information for each such facility specified in
paragraph (4).''.
(3) Subsection (f) of such section is amended--
(A) by striking ``February 1 of 1991, 1992, and 1993'' and
inserting ``March 1 of each year''; and
(B) by striking ``subsection (d)(1)(A)'' and inserting
``subsection (d)''.
(4) Such section is further amended by striking subsection (g) and
redesignating subsection (h) as subsection (g).
(b) Required Consultations With Nurses.--(1) Subchapter II of
chapter 73 is further amended by adding at the end the following new
section:
``Sec. 7323. Required consultations with nurses
``The Under Secretary for Health shall ensure that--
``(1) the director of a geographic service area, in formulating
policy relating to the provision of patient care, shall consult
regularly with a senior nurse executive or senior nurse executives;
and
``(2) the director of a medical center shall include a
registered nurse as a member of any committee used at that medical
center to provide recommendations or decisions on medical center
operations or policy affecting clinical services, clinical
outcomes, budget, or resources.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7322 the
following new item:
``7323. Required consultations with nurses.''.
SEC. 202. SPECIAL PAY FOR DENTISTS.
(a) Full-Time Status Pay.--Paragraph (1) of section 7435(b) is
amended by striking ``$3,500'' and inserting ``$9,000''.
(b) Tenure Pay.--The table in paragraph (2)(A) of that section is
amended to read as follows:
------------------------------------------------------------------------
Rate
``Length of Service -------------------------
Minimum Maximum
------------------------------------------------------------------------
1 year but less than 2 years................ $1,000 $2,000
2 years but less than 4 years............... 4,000 5,000
4 years but less than 8 years............... 5,000 8,000
8 years but less than 12 years.............. 8,000 12,000
12 years but less than 20 years............. 12,000 15,000
20 years or more............................ 15,000 18,000.''.
------------------------------------------------------------------------
(c) Scarce Specialty Pay.--Paragraph (3)(A) of that section is
amended by striking ``$20,000'' and inserting ``$30,000''.
(d) Responsibility Pay.--(1) The table in paragraph (4)(A) of that
section is amended to read as follows:
------------------------------------------------------------------------
Rate
``Position -------------------------
Minimum Maximum
------------------------------------------------------------------------
Chief of Staff or in an Executive Grade..... $14,500 $25,000
Director Grade.............................. 0 25,000
Service Chief (or in a comparable position 4,500 15,000.''.
as determined by the Secretary)............
------------------------------------------------------------------------
(2) The table in paragraph (4)(B) of that section is amended to
read as follows:
------------------------------------------------------------------------
``Position Rate
------------------------------------------------------------------------
Deputy Service Director.................................. $20,000
Service Director......................................... 25,000
Deputy Assistant Under Secretary for Health.............. 27,500
Assistant Under Secretary for Health (or in a comparable 30,000.''.
position as determined by the Secretary)................
------------------------------------------------------------------------
(e) Geographic Pay.--Paragraph (6) of that section is amended by
striking ``$5,000'' and inserting ``$12,000''.
(f) Special Pay for Post-Graduate Training.--Such section is
further amended by adding at the end the following new paragraph:
``(8) For a dentist who has successfully completed a post-
graduate year of hospital-based training in a program accredited by
the American Dental Association, an annual rate of $2,000 for each
of the first two years of service after successful completion of
that training.''.
(g) Crediting of Increased Tenure Pay for Civil Service
Retirement.--Section 7438(b) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Notwithstanding paragraphs (1) and (2), a dentist employed as
a dentist in the Veterans Health Administration on the date of the
enactment of the Veterans Benefits and Health Care Improvement Act of
2000 shall be entitled to have special pay paid to the dentist under
section 7435(b)(2)(A) of this title (referred to as `tenure pay')
considered basic pay for the purposes of chapter 83 or 84, as
appropriate, of title 5 only as follows:
``(A) In an amount equal to the amount that would have been so
considered under such section on the day before such date based on
the rates of special pay the dentist was entitled to receive under
that section on the day before such date.
``(B) With respect to any amount of special pay received under
that section in excess of the amount such dentist was entitled to
receive under such section on the day before such date, in an
amount equal to 25 percent of such excess amount for each two years
that the physician or dentist has completed as a physician or
dentist in the Veterans Health Administration after such date.''.
(h) Effective Date.--The amendments made by this section shall
apply with respect to agreements entered into by dentists under
subchapter III of chapter 74 of title 38, United States Code, on or
after the date of the enactment of this Act.
(i) Transition.--In the case of an agreement entered into by a
dentist under subchapter III of chapter 74 of title 38, United States
Code, before the date of the enactment of this Act that expires after
that date, the Secretary of Veterans Affairs and the dentist concerned
may agree to terminate that agreement as of the date of the enactment
of this Act in order to permit a new agreement in accordance with
section 7435 of such title, as amended by this section, to take effect
as of that date.
SEC. 203. EXEMPTION FOR PHARMACISTS FROM CEILING ON SPECIAL SALARY
RATES.
Section 7455(c)(1) is amended by inserting ``, pharmacists,'' after
``anesthetists''.
SEC. 204. TEMPORARY FULL-TIME APPOINTMENTS OF CERTAIN MEDICAL
PERSONNEL.
(a) Physician Assistants Awaiting Certification or Licensure.--
Paragraph (2) of section 7405(c) is amended to read as follows:
``(2) A temporary full-time appointment may not be made for a
period in excess of two years in the case of a person who--
``(A) has successfully completed--
``(i) a full course of nursing in a recognized school of
nursing, approved by the Secretary; or
``(ii) a full course of training for any category of
personnel described in paragraph (3) of section 7401 of this
title, or as a physician assistant, in a recognized education
or training institution approved by the Secretary; and
``(B) is pending registration or licensure in a State or
certification by a national board recognized by the Secretary.''.
(b) Medical Support Personnel.--That section is further amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) Temporary full-time appointments of persons in positions
referred to in subsection (a)(1)(D) shall not exceed three years.
``(B) Temporary full-time appointments under this paragraph may be
renewed for one or more additional periods not in excess of three years
each.''.
SEC. 205. QUALIFICATIONS OF SOCIAL WORKERS.
Section 7402(b)(9) is amended by striking ``a person must'' and all
that follows and inserting ``a person must--
``(A) hold a master's degree in social work from a college or
university approved by the Secretary; and
``(B) be licensed or certified to independently practice social
work in a State, except that the Secretary may waive the
requirement of licensure or certification for an individual social
worker for a reasonable period of time recommended by the Under
Secretary for Health.''.
SEC. 206. PHYSICIAN ASSISTANT ADVISER TO UNDER SECRETARY FOR
HEALTH.
Section 7306(a) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following new
paragraph (9):
``(9) The Advisor on Physician Assistants, who shall be a
physician assistant with appropriate experience and who shall
advise the Under Secretary for Health on all matters relating to
the utilization and employment of physician assistants in the
Administration.''.
SEC. 207. EXTENSION OF VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
The Department of Veterans Affairs Employment Reduction Assistance
Act of 1999 (title XI of Public Law 106-117; 5 U.S.C. 5597 note) is
amended as follows:
(1) Section 1102(c) is amended to read as follows:
``(c) Limitation.--The plan under subsection (a) shall be limited
to a total of 7,734 positions within the Department, allocated among
the elements of the Department as follows:
``(1) The Veterans Health Administration, 6,800 positions.
``(2) The Veterans Benefits Administration, 740 positions.
``(3) Department of Veterans Affairs Staff Offices, 156
positions.
``(4) The National Cemetery Administration, 38 positions.''.
(2) Section 1105(a) is amended by striking ``26 percent'' and
inserting ``15 percent''.
(3) Section 1109(a) is amended by striking ``December 31,
2000'' and inserting ``December 31, 2002''.
Subtitle B--Military Service Issues
SEC. 211. FINDINGS AND SENSE OF CONGRESS CONCERNING USE OF MILITARY
HISTORIES OF VETERANS IN DEPARTMENT OF VETERANS AFFAIRS HEALTH
CARE.
(a) Findings.--Congress makes the following findings:
(1) Pertinent military experiences and exposures may affect the
health status of Department of Veterans Affairs patients who are
veterans.
(2) The Department of Veterans Affairs has begun to implement a
Veterans Health Initiative to develop systems to ensure that both
patient care and medical education in the Veterans Health
Administration are specific to the special needs of veterans and
should be encouraged to continue these efforts.
(3) Protocols eliciting pertinent information relating to the
military history of veterans may be beneficial to understanding
certain conditions for which veterans may be at risk and thereby
facilitate the treatment of veterans for those conditions.
(4) The Department of Veterans Affairs is in the process of
developing a Computerized Patient Record System that offers the
potential to aid in the care and monitoring of such conditions.
(b) Sense of Congress.--Congress--
(1) urges the Secretary of Veterans Affairs to assess the
feasibility and desirability of using a computer-based system to
conduct clinical evaluations relevant to military experiences and
exposures; and
(2) recommends that the Secretary accelerate efforts within the
Department of Veterans Affairs to ensure that relevant military
histories of veterans are included in Department medical records.
SEC. 212. STUDY OF POST-TRAUMATIC STRESS DISORDER IN VIETNAM
VETERANS.
(a) Study on Post-Traumatic Stress Disorder.--Not later than 10
months after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall enter into a contract with an appropriate entity
to carry out a study on post-traumatic stress disorder.
(b) Follow-Up Study.--The contract under subsection (a) shall
provide for a follow-up study to the study conducted in accordance with
section 102 of the Veterans Health Care Amendments of 1983 (Public Law
98-160). Such follow-up study shall use the data base and sample of the
previous study.
(c) Information To Be Included.--The study conducted pursuant to
this section shall be designed to yield information on--
(1) the long-term course of post-traumatic stress disorder;
(2) any long-term medical consequences of post-traumatic stress
disorder;
(3) whether particular subgroups of veterans are at greater
risk of chronic or more severe problems with such disorder; and
(4) the services used by veterans who have post-traumatic
stress disorder and the effect of those services on the course of
the disorder.
(d) Report.--The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the results of the study under this section. The report shall be
submitted no later than October 1, 2004.
Subtitle C--Medical Administration
SEC. 221. DEPARTMENT OF VETERANS AFFAIRS FISHER HOUSES.
(a) Authority.--Subchapter I of chapter 17 is amended by adding at
the end the following new section:
``Sec. 1708. Temporary lodging
``(a) The Secretary may furnish persons described in subsection (b)
with temporary lodging in a Fisher house or other appropriate facility
in connection with the examination, treatment, or care of a veteran
under this chapter or, as provided for under subsection (e)(5), in
connection with benefits administered under this title.
``(b) Persons to whom the Secretary may provide lodging under
subsection (a) are the following:
``(1) A veteran who must travel a significant distance to
receive care or services under this title.
``(2) A member of the family of a veteran and others who
accompany a veteran and provide the equivalent of familial support
for such veteran.
``(c) In this section, the term `Fisher house' means a housing
facility that--
``(1) is located at, or in proximity to, a Department medical
facility;
``(2) is available for residential use on a temporary basis by
patients of that facility and others described in subsection
(b)(2); and
``(3) is constructed by, and donated to the Secretary by, the
Zachary and Elizabeth M. Fisher Armed Services Foundation.
``(d) The Secretary may establish charges for providing lodging
under this section. The proceeds from such charges shall be credited to
the medical care account and shall be available until expended for the
purposes of providing such lodging.
``(e) The Secretary shall prescribe regulations to carry out this
section. Such regulations shall include provisions--
``(1) limiting the duration of lodging provided under this
section;
``(2) establishing standards and criteria under which charges
are established for such lodging under subsection (d);
``(3) establishing criteria for persons considered to be
accompanying a veteran under subsection (b)(2);
``(4) establishing criteria for the use of the premises of
temporary lodging facilities under this section; and
``(5) establishing any other limitations, conditions, and
priorities that the Secretary considers appropriate with respect to
lodging under this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1707 the following new item:
``1708. Temporary lodging.''.
SEC. 222. EXCEPTION TO RECAPTURE RULE.
Section 8136 is amended--
(1) by inserting ``(a)'' at the beginning of the text of the
section; and
(2) by adding at the end the following new subsection:
``(b) The establishment and operation by the Secretary of an
outpatient clinic in facilities described in subsection (a) shall not
constitute grounds entitling the United States to any recovery under
that subsection.''.
SEC. 223. SENSE OF CONGRESS CONCERNING COOPERATION BETWEEN THE
DEPARTMENT OF VETERANS AFFAIRS AND THE DEPARTMENT OF DEFENSE IN
THE PROCUREMENT OF MEDICAL ITEMS.
(a) Findings.--Congress makes the following findings:
(1) The procurement and distribution of medical items,
including prescription drugs, is a multibillion-dollar annual
business for both the Department of Defense and the Department of
Veterans Affairs.
(2) Those departments prescribe common high-use drugs to many
of their 12,000,000 patients who have similar medical profiles.
(3) The health care systems of those departments should have
management systems that can share and communicate clinical and
management information useful for both systems.
(4) The institutional barriers separating the two departments
have begun to be overcome in the area of medical supplies, in part
as a response to recommendations by the General Accounting Office
and the Commission on Servicemembers and Veterans Transition
Assistance.
(5) There is significant potential for improved savings and
services by improving cooperation between the two departments in
the procurement and management of prescription drugs, while
remaining mindful that the two departments have different missions.
(b) Sense of Congress.--It is the sense of Congress that the
Department of Defense and the Department of Veterans Affairs should
increase, to the maximum extent consistent with their respective
missions, their level of cooperation in the procurement and management
of prescription drugs.
SEC. 224. TECHNICAL AND CONFORMING CHANGES.
(a) Requirement To Provide Care.--Section 1710A(a) is amended by
inserting ``(subject to section 1710(a)(4) of this title)'' after
``Secretary'' the first place it appears.
(b) Conforming Amendments.--Section 1710(a)(4) is amended--
(1) by inserting ``the requirement in section 1710A(a) of this
title that the Secretary provide nursing home care,'' after
``medical services,''; and
(2) by striking the comma after ``extended care services''.
(c) Outpatient Treatment.--Section 201 of the Veterans Millennium
Health Care and Benefits Act (Public Law 106-117; 113 Stat. 1561) is
amended by adding at the end the following new subsection:
``(c) Effective Date.--The amendments made by subsection (b) shall
apply with respect to medical services furnished under section 1710(a)
of title 38, United States Code, on or after the effective date of the
regulations prescribed by the Secretary of Veterans Affairs to
establish the amounts required to be established under paragraphs (1)
and (2) of section 1710(g) of that title, as amended by subsection
(b).''.
(d) Ratification.--Any action taken by the Secretary of Veterans
Affairs under section 1710(g) of title 38, United States Code, during
the period beginning on November 30, 1999, and ending on the date of
the enactment of this Act is hereby ratified.
Subtitle D--Construction Authorization
SEC. 231. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
(a) Fiscal Year 2001 Projects.--The Secretary of Veterans Affairs
may carry out the following major medical facility projects, with each
project to be carried out in an amount not to exceed the amount
specified for that project:
(1) Construction of a 120-bed gero-psychiatric facility at the
Department of Veterans Affairs Palo Alto Health Care System, Menlo
Park Division, California, $26,600,000.
(2) Construction of a nursing home at the Department of
Veterans Affairs Medical Center, Beckley, West Virginia,
$9,500,000.
(3) Seismic corrections, clinical consolidation, and other
improvements at the Department of Veterans Affairs Medical Center,
Long Beach, California, $51,700,000.
(4) Construction of a utility plant and electrical vault at the
Department of Veterans Affairs Medical Center, Miami, Florida,
$23,600,000.
(b) Additional Fiscal Year 2000 Project.--The Secretary is
authorized to carry out a project for the renovation of psychiatric
nursing units at the Department of Veterans Affairs Medical Center,
Murfreesboro, Tennessee, in an amount not to exceed $14,000,000.
SEC. 232. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Veterans Affairs for the Construction, Major Projects,
account--
(1) for fiscal years 2001 and 2002, a total of $87,800,000 for
the projects authorized in paragraphs (1), (2), and (3) of section
231(a);
(2) for fiscal year 2001, an additional amount of $23,600,000
for the project authorized in paragraph (4) of that section; and
(3) for fiscal year 2002, an additional amount of $14,500,000
for the project authorized in section 401(1) of the Veterans
Millennium Health Care and Benefits Act (Public Law 106-117; 113
Stat. 1572).
(b) Limitation.--The projects authorized in section 231(a) may only
be carried out using--
(1) funds appropriated for fiscal year 2001 or fiscal year 2002
(or, in the case of the project authorized in section 231(a)(4),
for fiscal year 2001) pursuant to the authorization of
appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects, for a
fiscal year before fiscal year 2001 that remain available for
obligation; and
(3) funds appropriated for Construction, Major Projects, for
fiscal year 2001 or fiscal year 2002 (or, in the case of the
project authorized in section 231(a)(4), for fiscal year 2001) for
a category of activity not specific to a project.
(c) Revision to Prior Limitation.--Notwithstanding the limitation
in section 403(b) of the Veterans Millennium Health Care and Benefits
Act (Public Law 106-117; 113 Stat. 1573), the project referred to in
subsection (a)(3) may be carried out using--
(1) funds appropriated for fiscal year 2002 pursuant to the
authorization of appropriations in subsection (a)(3);
(2) funds appropriated for Construction, Major Projects, for
fiscal year 2001 that remain available for obligation; and
(3) funds appropriated for Construction, Major Projects, for
fiscal year 2001 or fiscal year 2002 for a category of activity not
specific to a project.
Subtitle E--Real Property Matters
SEC. 241. CHANGE TO ENHANCED USE LEASE CONGRESSIONAL NOTIFICATION
PERIOD.
Paragraph (2) of section 8163(c) is amended to read as follows:
``(2) The Secretary may not enter into an enhanced use lease until
the end of the 90-day period beginning on the date of the submission of
notice under paragraph (1).''.
SEC. 242. RELEASE OF REVERSIONARY INTEREST OF THE UNITED STATES IN
CERTAIN REAL PROPERTY PREVIOUSLY CONVEYED TO THE STATE OF
TENNESSEE.
(a) Release of Interest.--The Secretary of Veterans Affairs shall
execute such legal instruments as necessary to release the reversionary
interest of the United States described in subsection (b) in a certain
parcel of real property conveyed to the State of Tennessee pursuant to
the Act entitled ``An Act authorizing the transfer of certain property
of the Veterans' Administration (in Johnson City, Tennessee) to the
State of Tennessee'', approved June 6, 1953 (67 Stat. 54).
(b) Specified Reversionary Interest.--Subsection (a) applies to the
reversionary interest of the United States required under section 2 of
the Act referred to in subsection (a), requiring use of the property
conveyed pursuant to that Act to be primarily for training of the
National Guard and for other military purposes.
(c) Conforming Amendment.--Section 2 of such Act is repealed.
SEC. 243. DEMOLITION, ENVIRONMENTAL CLEANUP, AND REVERSION OF
DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, ALLEN PARK,
MICHIGAN.
(a) Authority.--(1) The Secretary of Veterans Affairs shall enter
into a multiyear contract with the Ford Motor Land Development
Corporation (hereinafter in this section referred to as the
``Corporation'') to undertake project management responsibility to--
(A) demolish the buildings and auxiliary structures comprising
the Department of Veterans Affairs Medical Center, Allen Park,
Michigan; and
(B) remediate the site of all hazardous material and
environmental contaminants found on the site.
(2) The contract under paragraph (1) may be entered into
notwithstanding sections 303 and 304 of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253, 254). The contract
shall be for a period specified in the contract not to exceed seven
years.
(b) Contract Cost and Source of Funding.--(1) The Secretary may
expend no more than $14,000,000 for the contract required by subsection
(a). The contract shall provide that all costs for the demolition and
site remediation under the contract in excess of $14,000,000 shall be
borne by the Corporation.
(2) Payments by the Secretary under the contract shall be made in
annual increments of no more than $2,000,000, beginning with fiscal
year 2001, for the duration of the contract. Such payments shall be
made from the nonrecurring maintenance portion of the annual Department
of Veterans Affairs medical care appropriation.
(3) Notwithstanding any other provision of law, the amount
obligated upon the award of the contract may not exceed $2,000,000 and
the amount obligated with respect to any succeeding fiscal year may not
exceed $2,000,000. Any funds obligated for the contact shall be subject
to the availability of appropriated funds.
(c) Reversion of Property.--Upon completion of the demolition and
remediation project under the contract to the satisfaction of the
Secretary, the Secretary shall, on behalf of the United States,
formally abandon the Allen Park property (title to which will then
revert in accordance with the terms of the 1937 deed conveying such
property to the United States).
(d) Flagpole and Memorial.--The contract under subsection (a) shall
require that the Corporation shall erect and maintain on the property
abandoned by the United States under subsection (c) a flagpole and
suitable memorial identifying the property as the location of the
former Allen Park Medical Center. The Secretary and the Corporation
shall jointly determine the placement of the memorial and flagpole and
the form of, and appropriate inscription on, the memorial.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with regard to the contract with
the Corporation under subsection (a) and with the reversion of the
property under subsection (c) as the Secretary considers appropriate to
protect the interest of the United States.
SEC. 244. CONVEYANCE OF CERTAIN PROPERTY AT THE CARL VINSON
DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, DUBLIN, GEORGIA.
(a) Conveyance to State Board of Regents.--The Secretary of
Veterans Affairs shall convey, without consideration, to the Board of
Regents of the State of Georgia all right, title, and interest of the
United States in and to two tracts of real property, including any
improvements thereon, at the Carl Vinson Department of Veterans Affairs
Medical Center, Dublin, Georgia, consisting of 39 acres, more or less,
in Laurens County, Georgia.
(b) Conveyance to Community Service Board of Middle Georgia.--The
Secretary of Veterans Affairs shall convey, without consideration, to
the Community Service Board of Middle Georgia all right, title, and
interest of the United States in and to three tracts of real property,
including any improvements thereon, at the Carl Vinson Department of
Veterans Affairs Medical Center, Dublin, Georgia, consisting of 58
acres, more or less, in Laurens County, Georgia.
(c) Conditions on Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the real property conveyed under
that subsection be used in perpetuity solely for education purposes.
The conveyance under subsection (b) shall be subject to the condition
that the real property conveyed under that subsection be used in
perpetuity solely for education and health care purposes.
(d) Survey.--The exact acreage and legal description of the real
property to be conveyed under this section shall be determined by a
survey or surveys satisfactory to the Secretary of Veterans Affairs.
The cost of any such survey shall not be borne by the Secretary.
(e) Additional Terms and Conditions.--The Secretary of Veterans
Affairs may require such additional terms and conditions in connection
with the conveyances under this section as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 245. LAND CONVEYANCE, MILES CITY DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER COMPLEX, MILES CITY, MONTANA.
(a) Conveyance Required.--The Secretary of Veterans Affairs shall
convey, without consideration, to Custer County, Montana (in this
section referred to as the ``County''), all right, title, and interest
of the United States in and to the parcels of real property consisting
of the Miles City Department of Veterans Affairs Medical Center
complex, which has served as a medical and support complex for the
Department of Veterans Affairs in Miles City, Montana.
(b) Timing of Conveyance.--The conveyance required by subsection
(a) shall be made as soon as practicable after the date of the
enactment of this Act.
(c) Conditions of Conveyance.--The conveyance required by
subsection (a) shall be subject to the condition that the County--
(1) use the parcels conveyed, whether directly or through an
agreement with a public or private entity, for veterans activities,
community and economic development, or such other public purposes
as the County considers appropriate; or
(2) convey the parcels to an appropriate public or private
entity for use for the purposes specified in paragraph (1).
(d) Conveyance of Improvements.--(1) As part of the conveyance
required by subsection (a), the Secretary may also convey to the County
any improvements, equipment, fixtures, and other personal property
located on the parcels conveyed under that subsection that are not
required by the Secretary.
(2) Any conveyance under this subsection shall be without
consideration.
(e) Use Pending Conveyance.--Until such time as the real property
to be conveyed under subsection (a) is conveyed by deed under this
section, the Secretary may continue to lease the real property,
together with any improvements thereon, under the terms and conditions
of the current lease of the real property.
(f) Maintenance Pending Conveyance.--The Secretary shall be
responsible for maintaining the real property to be conveyed under
subsection (a), and any improvements, equipment, fixtures, and other
personal property to be conveyed under subsection (d), in its condition
as of the date of the enactment of this Act until such time as the real
property, and such improvements, equipment, fixtures, and other
personal property are conveyed by deed under this section.
(g) Legal Description.--The exact acreage and legal description of
the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary.
(h) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under this section as the Secretary determines appropriate to protect
the interests of the United States.
SEC. 246. CONVEYANCE OF FORT LYON DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER, COLORADO, TO THE STATE OF COLORADO.
(a) Conveyance Authorized.--The Secretary of Veterans Affairs may
convey, without consideration, to the State of Colorado all right,
title, and interest of the United States in and to a parcel of real
property, including improvements thereon, consisting of approximately
512 acres and comprising the Fort Lyon Department of Veterans Affairs
Medical Center. The purpose of the conveyance is to permit the State of
Colorado to use the property for purposes of a correctional facility.
(b) Public Access.--(1) The Secretary may not make the conveyance
of real property authorized by subsection (a) unless the State of
Colorado agrees to provide appropriate public access to Kit Carson
Chapel (located on that real property) and the cemetery located
adjacent to that real property.
(2) The State of Colorado may satisfy the condition specified in
paragraph (1) with respect to Kit Carson Chapel by relocating the
chapel to Fort Lyon National Cemetery, Colorado, or another appropriate
location approved by the Secretary.
(c) Plan Regarding Conveyance.--(1) The Secretary may not make the
conveyance authorized by subsection (a) before the date on which the
Secretary implements a plan providing the following:
(A) Notwithstanding sections 1720(a)(3) and 1741 of title 38,
United States Code, that veterans who are receiving inpatient or
institutional long-term care at Fort Lyon Department of Veterans
Affairs Medical Center as of the date of the enactment of this Act
are provided appropriate inpatient or institutional long-term care
under the same terms and conditions as such veterans are receiving
inpatient or institutional long-term care as of that date.
(B) That the conveyance of the Fort Lyon Department of Veterans
Affairs Medical Center does not result in a reduction of health
care services available to veterans in the catchment area of the
Medical Center.
(C) Improvements in veterans' overall access to health care in
the catchment area through, for example, the opening of additional
outpatient clinics.
(2) The Secretary shall prepare the plan referred to in paragraph
(1) in consultation with appropriate representatives of veterans
service organizations and other appropriate organizations.
(3) The Secretary shall publish a copy of the plan referred to in
paragraph (1) before implementation of the plan.
(d) Environmental Restoration.--The Secretary may not make the
conveyance authorized by subsection (a) until the Secretary completes
the evaluation and performance of any environmental restoration
activities required by the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and
by any other provision of law.
(e) Personal Property.--As part of the conveyance authorized by
subsection (a), the Secretary may convey, without consideration, to the
State of Colorado any furniture, fixtures, equipment, and other
personal property associated with the property conveyed under that
subsection that the Secretary determines is not required for purposes
of the Department of Veterans Affairs health care facilities to be
established by the Secretary in southern Colorado or for purposes of
Fort Lyon National Cemetery.
(f) Legal Description.--The exact acreage and legal description of
the real property to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. Any costs
associated with the survey shall be borne by the State of Colorado.
(g) Additional Terms and Conditions.--The Secretary may require
such other terms and conditions in connection with the conveyances
authorized by subsections (a) and (e) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 247. EFFECT OF CLOSURE OF FORT LYON DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER ON ADMINISTRATION OF HEALTH CARE FOR
VETERANS.
(a) Payment for Nursing Home Care.--Notwithstanding any limitation
under section 1720 or 1741 of title 38, United States Code, the
Secretary of Veterans Affairs may pay the State of Colorado, or any
private nursing home care facility, for costs incurred in providing
nursing home care to any veteran who is relocated from the Fort Lyon
Department of Veterans Affairs Medical Center, Colorado, to a facility
of the State of Colorado or such private facility, as the case may be,
as a result of the closure of the Fort Lyon Department of Veterans
Affairs Medical Center.
(b) Obligation To Provide Extended Care Services.--Nothing in
section 246 or this section may be construed to alter or otherwise
affect the obligation of the Secretary to meet the requirements of
section 1710B(b) of title 38, United States Code, relating to staffing
and levels of extended care services in fiscal years after fiscal year
1998.
(c) Report on Veterans Health Care in Southern Colorado.--Not later
than one year after the conveyance, if any, authorized by section 246,
the Under Secretary for Health of the Department of Veterans Affairs,
acting through the Director of Veterans Integrated Service Network
(VISN) 19, shall submit to the Committees on Veterans' Affairs of the
Senate and the House of Representatives a report on the status of the
health care system for veterans under that Network in southern
Colorado. The report shall describe any improvements to the system in
southern Colorado that have been put into effect in the period
beginning on the date of the conveyance and ending on the date of the
report.
TITLE III--COMPENSATION, INSURANCE, HOUSING, EMPLOYMENT, AND MEMORIAL
AFFAIRS PROVISIONS
Subtitle A--Compensation Program Changes
SEC. 301. STROKES AND HEART ATTACKS INCURRED OR AGGRAVATED BY
MEMBERS OF RESERVE COMPONENTS IN THE PERFORMANCE OF DUTY WHILE
PERFORMING INACTIVE DUTY TRAINING TO BE CONSIDERED TO BE SERVICE-
CONNECTED.
(a) Scope of Term ``Active Military, Naval, or Air Service''.--
Section 101(24) is amended to read as follows:
``(24) The term `active military, naval, or air service' includes--
``(A) active duty;
``(B) any period of active duty for training during which the
individual concerned was disabled or died from a disease or injury
incurred or aggravated in line of duty; and
``(C) any period of inactive duty training during which the
individual concerned was disabled or died--
``(i) from an injury incurred or aggravated in line of
duty; or
``(ii) from an acute myocardial infarction, a cardiac
arrest, or a cerebrovascular accident occurring during such
training.''.
(b) Travel to or From Training Duty.--Section 106(d) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(3) by inserting ``or covered disease'' after ``injury'' each
place it appears;
(4) by designating the second sentence as paragraph (2);
(5) by designating the third sentence as paragraph (3); and
(6) by adding at the end the following new paragraph:
``(4) For purposes of this subsection, the term `covered disease'
means any of the following:
``(A) Acute myocardial infarction.
``(B) A cardiac arrest.
``(C) A cerebrovascular accident.''.
SEC. 302. SPECIAL MONTHLY COMPENSATION FOR WOMEN VETERANS WHO LOSE
A BREAST AS A RESULT OF A SERVICE-CONNECTED DISABILITY.
Section 1114(k) is amended--
(1) by striking ``or has suffered'' and inserting ``has
suffered''; and
(2) by inserting after ``air and bone conduction,'' the
following: ``or, in the case of a woman veteran, has suffered the
anatomical loss of one or both breasts (including loss by
mastectomy),''.
SEC. 303. BENEFITS FOR PERSONS DISABLED BY PARTICIPATION IN
COMPENSATED WORK THERAPY PROGRAM.
Section 1151(a)(2) is amended--
(1) by inserting ``(A)'' after ``proximately caused''; and
(2) by inserting before the period at the end the following:
``, or (B) by participation in a program (known as a `compensated
work therapy program') under section 1718 of this title''.
SEC. 304. REVISION TO LIMITATION ON PAYMENTS OF BENEFITS TO
INCOMPETENT INSTITUTIONALIZED VETERANS.
Section 5503(b)(1) is amended--
(1) in subparagraph (A)--
(A) by striking ``$1,500'' and inserting ``the amount equal
to five times the section 1114(j) rate''; and
(B) by striking ``$500'' and inserting ``one-half that
amount''; and
(2) by adding at the end the following new subparagraph:
``(D) For purposes of this paragraph, the term `section 1114(j)
rate' means the monthly rate of compensation in effect under section
1114(j) of this title for a veteran with a service-connected disability
rated as total.''.
SEC. 305. REVIEW OF DOSE RECONSTRUCTION PROGRAM OF THE DEFENSE
THREAT REDUCTION AGENCY.
(a) Review by National Academy of Sciences.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of Defense
shall enter into a contract with the National Academy of Sciences to
carry out periodic reviews of the program of the Defense Threat
Reduction Agency of the Department of Defense known as the ``dose
reconstruction program''.
(b) Review Activities.--The periodic reviews of the dose
reconstruction program under the contract under subsection (a) shall
consist of the periodic selection of random samples of doses
reconstructed by the Defense Threat Reduction Agency in order to
determine--
(1) whether or not the reconstruction of the sampled doses is
accurate;
(2) whether or not the reconstructed dosage number is
accurately reported;
(3) whether or not the assumptions made regarding radiation
exposure based upon the sampled doses are credible; and
(4) whether or not the data from nuclear tests used by the
Defense Threat Reduction Agency as part of the reconstruction of
the sampled doses is accurate.
(c) Duration of Review.--The periodic reviews under the contract
under subsection (a) shall occur over a period of 24 months.
(d) Report.--(1) Not later than 60 days after the conclusion of the
period referred to in subsection (c), the National Academy of Sciences
shall submit to Congress a report on its activities under the contract
under this section.
(2) The report shall include the following:
(A) A detailed description of the activities of the National
Academy of Sciences under the contract.
(B) Any recommendations that the National Academy of Sciences
considers appropriate regarding a permanent system of review of the
dose reconstruction program of the Defense Threat Reduction Agency.
Subtitle B--Life Insurance Matters
SEC. 311. PREMIUMS FOR TERM SERVICE DISABLED VETERANS' INSURANCE
FOR VETERANS OLDER THAN AGE 70.
(a) Cap on Premiums.--Section 1922 is amended by adding at the end
the following new subsection:
``(c) The premium rate of any term insurance issued under this
section shall not exceed the renewal age 70 premium rate.''.
(b) Report.--Not later than September 30, 2001, the Secretary of
Veterans Affairs shall submit to Congress a report setting forth a plan
to liquidate the unfunded liability under the life insurance program
under section 1922 of title 38, United States Code, not later than
October 1, 2011.
SEC. 312. INCREASE IN AUTOMATIC MAXIMUM COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE
INSURANCE.
(a) Maximum Under Servicemembers' Group Life Insurance.--Section
1967 is amended in subsections (a), (c), and (d) by striking
``$200,000'' each place it appears and inserting ``$250,000''.
(b) Maximum Under Veterans' Group Life Insurance.--Section 1977(a)
is amended by striking ``$200,000'' each place it appears and inserting
``$250,000''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month that begins more than 120
days after the date of the enactment of this Act.
SEC. 313. ELIGIBILITY OF CERTAIN MEMBERS OF THE INDIVIDUAL READY
RESERVE FOR SERVICEMEMBERS' GROUP LIFE INSURANCE.
(a) Eligibility.--Section 1965(5) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D); and
(3) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) a person who volunteers for assignment to a
mobilization category in the Individual Ready Reserve, as
defined in section 12304(i)(1) of title 10; and''.
(b) Conforming Amendments.--Sections 1967(a), 1968(a), and
1969(a)(2)(A) are amended by striking ``section 1965(5)(B) of this
title'' each place it appears and inserting ``subparagraph (B) or (C)
of section 1965(5) of this title''.
Subtitle C--Housing and Employment Programs
SEC. 321. ELIMINATION OF REDUCTION IN ASSISTANCE FOR SPECIALLY
ADAPTED HOUSING FOR DISABLED VETERANS FOR VETERANS HAVING JOINT
OWNERSHIP OF HOUSING UNITS.
Section 2102 is amended by adding at the end the following new
subsection:
``(c) The amount of assistance afforded under subsection (a) for a
veteran authorized assistance by section 2101(a) of this title shall
not be reduced by reason that title to the housing unit, which is
vested in the veteran, is also vested in any other person, if the
veteran resides in the housing unit.''.
SEC. 322. VETERANS EMPLOYMENT EMPHASIS UNDER FEDERAL CONTRACTS FOR
RECENTLY SEPARATED VETERANS.
(a) Employment Emphasis.--Subsection (a) of section 4212 is amended
in the first sentence by inserting ``recently separated veterans,''
after ``veterans of the Vietnam era,''.
(b) Conforming Amendments.--Subsection (d)(1) of that section is
amended by inserting ``recently separated veterans,'' after ``veterans
of the Vietnam era,'' each place it appears in subparagraphs (A) and
(B).
(c) Recently Separated Veteran Defined.--Section 4211 is amended by
adding at the end the following new paragraph:
``(6) The term `recently separated veteran' means any veteran
during the one-year period beginning on the date of such veteran's
discharge or release from active duty.''.
SEC. 323. EMPLOYERS REQUIRED TO GRANT LEAVE OF ABSENCE FOR
EMPLOYEES TO PARTICIPATE IN HONOR GUARDS FOR FUNERALS OF
VETERANS.
(a) Definition of Service in the Uniformed Services.--Section
4303(13) is amended--
(1) by striking ``and'' after ``National Guard duty''; and
(2) by inserting before the period at the end ``, and a period
for which a person is absent from employment for the purpose of
performing funeral honors duty as authorized by section 12503 of
title 10 or section 115 of title 32.''.
(b) Required Leave of Absence.--Section 4316 is amended by adding
at the end the following new subsection:
``(e)(1) An employer shall grant an employee who is a member of a
reserve component an authorized leave of absence from a position of
employment to allow that employee to perform funeral honors duty as
authorized by section 12503 of title 10 or section 115 of title 32.
``(2) For purposes of section 4312(e)(1) of this title, an employee
who takes an authorized leave of absence under paragraph (1) is deemed
to have notified the employer of the employee's intent to return to
such position of employment.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 180 days after the date of the enactment of this Act.
Subtitle D--Cemeteries and Memorial Affairs
SEC. 331. ELIGIBILITY FOR INTERMENT OF CERTAIN FILIPINO VETERANS OF
WORLD WAR II IN NATIONAL CEMETERIES.
(a) Eligibility of Certain Commonwealth Army Veterans.--Section
2402 is amended by adding at the end the following new paragraph:
``(8) Any individual whose service is described in section
107(a) of this title if such individual at the time of death--
``(A) was a citizen of the United States or an alien
lawfully admitted for permanent residence in the United States;
and
``(B) resided in the United States.''.
(b) Conforming Amendment.--Section 107(a)(3) is amended to read as
follows:
``(3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to
the extent provided for in section 2402(8)) of this title.''.
(c) Applicability.--The amendments made by this section shall apply
with respect to deaths occurring on or after the date of the enactment
of this Act.
SEC. 332. PAYMENT RATE OF CERTAIN BURIAL BENEFITS FOR CERTAIN
FILIPINO VETERANS OF WORLD WAR II.
(a) Payment Rate.--Section 107 is amended--
(1) in subsection (a), by striking ``Payments'' and inserting
``Subject to subsection (c), payments''; and
(2) by adding at the end the following new section:
``(c)(1) In the case of an individual described in paragraph (2),
the second sentence of subsection (a) shall not apply.
``(2) Paragraph (1) applies to any individual whose service is
described in subsection (a) and who dies after the date of the
enactment of this subsection if the individual, on the individual's
date of death--
``(A) is a citizen of, or an alien lawfully admitted for
permanent residence in, the United States;
``(B) is residing in the United States; and
``(C) either--
``(i) is receiving compensation under chapter 11 of this
title; or
``(ii) if the individual's service had been deemed to be
active military, naval, or air service, would have been paid
pension under section 1521 of this title without denial or
discontinuance by reason of section 1522 of this title.''.
(b) Applicability.--No benefits shall accrue to any person for any
period before the date of the enactment of this Act by reason of the
amendments made by subsection (a).
SEC. 333. PLOT ALLOWANCE FOR BURIAL IN STATE VETERANS CEMETERIES.
(a) In General.--Section 2303(b)(1)(A) is amended to read as
follows: ``(A) is used solely for the interment of persons who are (i)
eligible for burial in a national cemetery, and (ii) members of a
reserve component of the Armed Forces not otherwise eligible for such
burial or former members of such a reserve component not otherwise
eligible for such burial who are discharged or released from service
under conditions other than dishonorable, and''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the burial of persons dying on or after the date
of the enactment of this Act.
TITLE IV--OTHER MATTERS
SEC. 401. BENEFITS FOR THE CHILDREN OF WOMEN VIETNAM VETERANS WHO
SUFFER FROM CERTAIN BIRTH DEFECTS.
(a) In General.--Chapter 18 is amended by adding at the end the
following new subchapter:
``SUBCHAPTER II--CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN
BIRTH DEFECTS
``Sec. 1811. Definitions
``In this subchapter:
``(1) The term `eligible child' means an individual who--
``(A) is the child (as defined in section 1821(1) of this
title) of a woman Vietnam veteran; and
``(B) was born with one or more covered birth defects.
``(2) The term `covered birth defect' means a birth defect
identified by the Secretary under section 1812 of this title.
``Sec. 1812. Covered birth defects
``(a) Identification.--The Secretary shall identify the birth
defects of children of women Vietnam veterans that--
``(1) are associated with the service of those veterans in the
Republic of Vietnam during the Vietnam era; and
``(2) result in permanent physical or mental disability.
``(b) Limitations.--(1) The birth defects identified under
subsection (a) may not include birth defects resulting from the
following:
``(A) A familial disorder.
``(B) A birth-related injury.
``(C) A fetal or neonatal infirmity with well-established
causes.
``(2) In any case where affirmative evidence establishes that a
covered birth defect of a child of a woman Vietnam veteran results from
a cause other than the active military, naval, or air service of that
veteran in the Republic of Vietnam during the Vietnam era, no benefits
or assistance may be provided the child under this subchapter.
``Sec. 1813. Health care
``(a) Needed Care.--The Secretary shall provide an eligible child
such health care as the Secretary determines is needed by the child for
that child's covered birth defects or any disability that is associated
with those birth defects.
``(b) Authority for Care To Be Provided Directly or by Contract.--
The Secretary may provide health care under this section directly or by
contract or other arrangement with a health care provider.
``(c) Definitions.--For purposes of this section, the definitions
in section 1803(c) of this title shall apply with respect to the
provision of health care under this section, except that for such
purposes--
``(1) the reference to `specialized spina bifida clinic' in
paragraph (2) of that section shall be treated as a reference to a
specialized clinic treating the birth defect concerned under this
section; and
``(2) the reference to `vocational training under section 1804
of this title' in paragraph (8) of that section shall be treated as
a reference to vocational training under section 1814 of this
title.
``Sec. 1814. Vocational training
``(a) Authority.--The Secretary may provide a program of vocational
training to an eligible child if the Secretary determines that the
achievement of a vocational goal by the child is reasonably feasible.
``(b) Applicable Provisions.--Subsections (b) through (e) of
section 1804 of this title shall apply with respect to any program of
vocational training provided under subsection (a).
``Sec. 1815. Monetary allowance
``(a) Monetary Allowance.--The Secretary shall pay a monthly
allowance to any eligible child for any disability resulting from the
covered birth defects of that child.
``(b) Schedule for Rating Disabilities.--(1) The amount of the
monthly allowance paid under this section shall be based on the degree
of disability suffered by the child concerned, as determined in
accordance with a schedule for rating disabilities resulting from
covered birth defects that is prescribed by the Secretary.
``(2) In prescribing a schedule for rating disabilities for the
purposes of this section, the Secretary shall establish four levels of
disability upon which the amount of the allowance provided by this
section shall be based. The levels of disability established may take
into account functional limitations, including limitations on
cognition, communication, motor abilities, activities of daily living,
and employability.
``(c) Amount of Monthly Allowance.--The amount of the monthly
allowance paid under this section shall be as follows:
``(1) In the case of a child suffering from the lowest level of
disability prescribed in the schedule for rating disabilities under
subsection (b), $100.
``(2) In the case of a child suffering from the lower
intermediate level of disability prescribed in the schedule for
rating disabilities under subsection (b), the greater of--
``(A) $214; or
``(B) the monthly amount payable under section 1805(b)(3)
of this title for the lowest level of disability prescribed for
purposes of that section.
``(3) In the case of a child suffering from the higher
intermediate level of disability prescribed in the schedule for
rating disabilities under subsection (b), the greater of--
``(A) $743; or
``(B) the monthly amount payable under section 1805(b)(3)
of this title for the intermediate level of disability
prescribed for purposes of that section.
``(4) In the case of a child suffering from the highest level
of disability prescribed in the schedule for rating disabilities
under subsection (b), the greater of--
``(A) $1,272; or
``(B) the monthly amount payable under section 1805(b)(3)
of this title for the highest level of disability prescribed
for purposes of that section.
``(d) Indexing to Social Security Benefit Increases.--Amounts under
paragraphs (1), (2)(A), (3)(A), and (4)(A) of subsection (c) shall be
subject to adjustment from time to time under section 5312 of this
title.
``Sec. 1816. Regulations
``The Secretary shall prescribe regulations for purposes of the
administration of this subchapter.''.
(b) Consolidation of Provisions Applicable to Both Subchapters.--
Chapter 18 is further amended by adding after subchapter II, as added
by subsection (a), the following new subchapter:
``SUBCHAPTER III--GENERAL PROVISIONS
``Sec. 1821. Definitions
``In this chapter:
``(1) The term `child' means an individual, regardless of age
or marital status, who--
``(A) is the natural child of a Vietnam veteran; and
``(B) was conceived after the date on which that veteran
first entered the Republic of Vietnam during the Vietnam era.
``(2) The term `Vietnam veteran' means an individual who
performed active military, naval, or air service in the Republic of
Vietnam during the Vietnam era, without regard to the
characterization of that individual's service.
``(3) The term `Vietnam era' with respect to--
``(A) subchapter I of this chapter, means the period
beginning on January 9, 1962, and ending on May 7, 1975; and
``(B) subchapter II of this chapter, means the period
beginning on February 28, 1961, and ending on May 7, 1975.
``Sec. 1822. Applicability of certain administrative provisions
``(a) Applicability of Certain Provisions Relating to
Compensation.--The provisions of this title specified in subsection (b)
apply with respect to benefits and assistance under this chapter in the
same manner as those provisions apply to compensation paid under
chapter 11 of this title.
``(b) Specified Provisions.--The provisions of this title referred
to in subsection (a) are the following:
``(1) Section 5101(c).
``(2) Subsections (a), (b)(2), (g), and (i) of section 5110.
``(3) Section 5111.
``(4) Subsection (a) and paragraphs (1), (6), (9), and (10) of
subsection (b) of section 5112.
``Sec. 1823. Treatment of receipt of monetary allowance and other
benefits
``(a) Coordination With Other Benefits Paid to the Recipient.--
Notwithstanding any other provision of law, receipt by an individual of
a monetary allowance under this chapter shall not impair, infringe, or
otherwise affect the right of the individual to receive any other
benefit to which the individual is otherwise entitled under any law
administered by the Secretary.
``(b) Coordination With Benefits Based on Relationship of
Recipients.--Notwithstanding any other provision of law, receipt by an
individual of a monetary allowance under this chapter shall not impair,
infringe, or otherwise affect the right of any other individual to
receive any benefit to which such other individual is entitled under
any law administered by the Secretary based on the relationship of such
other individual to the individual who receives such monetary
allowance.
``(c) Monetary Allowance Not To Be Considered as Income or
Resources for Certain Purposes.--Notwithstanding any other provision of
law, a monetary allowance paid an individual under this chapter shall
not be considered as income or resources in determining eligibility
for, or the amount of benefits under, any Federal or federally assisted
program.
``Sec. 1824. Nonduplication of benefits
``(a) Monetary Allowance.--In the case of an eligible child under
subchapter II of this chapter whose only covered birth defect is spina
bifida, a monetary allowance shall be paid under subchapter I of this
chapter. In the case of an eligible child under subchapter II of this
chapter who has spina bifida and one or more additional covered birth
defects, a monetary allowance shall be paid under subchapter II of this
chapter.
``(b) Vocational Rehabilitation.--An individual may only be
provided one program of vocational training under this chapter.''.
(c) Repeal of Recodified Provisions.--The following provisions are
repealed:
(1) Section 1801.
(2) Subsections (c) and (d) of section 1805.
(3) Section 1806.
(d) Designation of Subchapter I.--Chapter 18 is further amended by
inserting before section 1802 the following:
``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA''.
(e) Conforming Amendments.--(1) Section 1802 is amended by striking
``this chapter'' and inserting ``this subchapter''.
(2) Section 1805(a) is amended by striking ``this chapter'' and
inserting ``this section''.
(f) Clerical Amendments.--(1) The chapter heading of chapter 18 is
amended to read as follows:
``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS''.
(2) The tables of chapters before part I, and at the beginning of
part II, are each amended by striking the item relating to chapter 18
and inserting the following new item:
``18. Benefits for Children of Vietnam Veterans..................1802''.
(3) The table of sections at the beginning of chapter 18 is
amended--
(A) by inserting at the beginning the following:
``SUBCHAPTER I--CHILDREN OF VIETNAM VETERANS BORN WITH SPINA BIFIDA'';
(B) by striking the items relating to sections 1801 and 1806;
and
(C) by adding at the end the following:
``SUBCHAPTER II--CHILDREN OF WOMEN VIETNAM VETERANS BORN WITH CERTAIN
BIRTH DEFECTS
``1811. Definitions.
``1812. Covered birth defects.
``1813. Health care.
``1814. Vocational training.
``1815. Monetary allowance.
``1816. Regulations.
``SUBCHAPTER III--GENERAL PROVISIONS
``1821. Definitions.
``1822. Applicability of certain administrative provisions.
``1823. Treatment of receipt of monetary allowance and other benefits.
``1824. Nonduplication of benefits.''.
(g) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on the first day of
the first month beginning more than one year after the date of the
enactment of this Act.
(2) The Secretary of Veterans Affairs shall identify birth defects
under section 1812 of title 38, United States Code (as added by
subsection (a) of this section), and shall prescribe the regulations
required by subchapter II of chapter 18 of that title (as so added),
not later than the effective date specified in paragraph (1).
SEC. 402. EXTENSION OF CERTAIN EXPIRING 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 is amended by striking everything
after the section heading and inserting the following:
``(a) Requirement of Fee.--(1) Except as provided in subsection
(c), a fee shall be collected from each person obtaining a housing loan
guaranteed, insured, or made under this chapter, and each person
assuming a loan to which section 3714 of this title applies. No such
loan may be guaranteed, insured, made, or assumed until the fee payable
under this section has been remitted to the Secretary.
``(2) The fee may be included in the loan and paid from the
proceeds thereof.
``(b) Determination of Fee.--(1) The amount of the fee shall be
determined from the loan fee table in paragraph (2). The fee is
expressed as a percentage of the total amount of the loan guaranteed,
insured, or made, or, in the case of a loan assumption, the unpaid
principal balance of the loan on the date of the transfer of the
property.
``(2) The loan fee table referred to in paragraph (1) is as
follows:
``LOAN FEE TABLE
------------------------------------------------------------------------
Active duty Other
Type of loan veteran Reservist obligor
------------------------------------------------------------------------
(A)(i) Initial loan described 2.00 2.75 NA
in section 3710(a) to
purchase or construct a
dwelling with 0-down, or any
other initial loan described
in section 3710(a) other than
with 5-down or 10-down
(closed before October 1,
2008)........................
------------------------------------------------------------------------
(A)(ii) Initial loan described 1.25 2.00 NA
in section 3710(a) to
purchase or construct a
dwelling with 0-down, or any
other initial loan described
in section 3710(a) other than
with 5-down or 10-down
(closed on or after October
1, 2008).....................
------------------------------------------------------------------------
(B)(i) Subsequent loan 3.00 3.00 NA
described in section 3710(a)
to purchase or construct a
dwelling with 0-down, or any
other subsequent loan
described in section 3710(a)
(closed before October 1,
2008)........................
------------------------------------------------------------------------
(B)(ii) Subsequent loan 1.25 2.00 NA
described in section 3710(a)
to purchase or construct a
dwelling with 0-down, or any
other subsequent loan
described in section 3710(a)
(closed on or after October
1, 2008).....................
------------------------------------------------------------------------
(C)(i) Loan described in 1.50 2.25 NA
section 3710(a) to purchase
or construct a dwelling with
5-down (closed before October
1, 2008).....................
------------------------------------------------------------------------
(C)(ii) Loan described in 0.75 1.50 NA
section 3710(a) to purchase
or construct a dwelling with
5-down (closed on or after
October 1, 2008).............
------------------------------------------------------------------------
(D)(i) Initial loan described 1.25 2.00 NA
in section 3710(a) to
purchase or construct a
dwelling with 10-down (closed
before October 1, 2008)......
------------------------------------------------------------------------
(D)(ii) Initial loan described 0.50 1.25 NA
in section 3710(a) to
purchase or construct a
dwelling with 10-down (closed
on or after October 1, 2008).
------------------------------------------------------------------------
(E) Interest rate reduction 0.50 0.50 NA
refinancing loan.............
------------------------------------------------------------------------
(F) Direct loan under section 1.00 1.00 NA
3711.........................
------------------------------------------------------------------------
(G) Manufactured home loan 1.00 1.00 NA
under section 3712 (other
than an interest rate
reduction refinancing loan)..
------------------------------------------------------------------------
(H) Loan to Native American 1.25 1.25 NA
veteran under section 3762
(other than an interest rate
reduction refinancing loan)..
------------------------------------------------------------------------
(I) Loan assumption under 0.50 0.50 0.50
section 3714.................
------------------------------------------------------------------------
(J) Loan under section 3733(a) 2.25 2.25 2.25''.
------------------------------------------------------------------------
``(3) Any reference to a section in the `Type of loan' column in
the loan fee table in paragraph (2) refers to a section of this title.
``(4) For the purposes of paragraph (2):
``(A) The term `active duty veteran' means any veteran eligible
for the benefits of this chapter other than a Reservist.
``(B) The term `Reservist' means a veteran described in section
3701(b)(5)(A) of this title.
``(C) The term `other obligor' means a person who is not a
veteran, as defined in section 101 of this title or other provision
of this chapter.
``(D) The term `initial loan' means a loan to a veteran
guaranteed under section 3710 or made under section 3711 of this
title if the veteran has never obtained a loan guaranteed under
section 3710 or made under section 3711 of this title.
``(E) The term `subsequent loan' means a loan to a veteran,
other than an interest rate reduction refinancing loan, guaranteed
under section 3710 or made under section 3711 of this title if the
veteran has previously obtained a loan guaranteed under section
3710 or made under section 3711 of this title.
``(F) The term `interest rate reduction refinancing loan' means
a loan described in section 3710(a)(8), 3710(a)(9)(B)(i),
3710(a)(11), 3712(a)(1)(F), or 3762(h) of this title.
``(G) The term `0-down' means a downpayment, if any, of less
than 5 percent of the total purchase price or construction cost of
the dwelling.
``(H) The term `5-down' means a downpayment of at least 5
percent or more, but less than 10 percent, of the total purchase
price or construction cost of the dwelling.
``(I) The term `10-down' means a downpayment of 10 percent or
more of the total purchase price or construction cost of the
dwelling.
``(c) Waiver of Fee.--A fee may not be collected under this section
from a veteran who is receiving compensation (or who, but for the
receipt of retirement pay, would be entitled to receive compensation)
or from a surviving spouse of any veteran (including a person who died
in the active military, naval, or air service) who died from a service-
connected disability.''.
(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''.
(f) Annual Report of Committee on Mentally Ill Veterans.--Section
7321(d)(2) is amended by striking ``three'' and inserting ``six''.
(g) Authority To Establish Research and Education Corporations.--
Section 7368 is amended by striking ``December 31, 2000'' and inserting
``December 31, 2003''.
SEC. 403. 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)(A) Chapter 1 is amended by adding at the end the
following new section:
``Sec. 116. 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 is
amended by adding at the end the following new item:
``116. Reports to Congress: cost information.''.
(2) Section 116 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.
SEC. 404. TECHNICAL AMENDMENTS.
(a) Title 38.--Title 38, United States Code, is amended as follows:
(1) Section 1116(a)(2)(F) is amended by inserting ``of
disability'' after ``to a degree''.
(2) Section 1318(b)(3) is amended by striking ``not later
than'' and inserting ``not less than''.
(3) Section 1712(a)(4)(A) is amended by striking ``subsection
(a) of this section (other than paragraphs (3)(B) and (3)(C) of
that subsection)'' and inserting ``this subsection''.
(4) Section 1720A(c)(1) is amended by striking ``for such
disability'' and all that follows through ``to such member'' and
inserting ``for such disability. Care and services provided to a
member so transferred''.
(5) Section 2402(7) is amended by striking ``chapter 67 of
title 10'' and inserting ``chapter 1223 of title 10''.
(6) Section 3012(g)(2) is amended by striking ``subparagraphs''
both places it appears and inserting ``subparagraph''.
(7) Section 3684(c) is amended by striking ``calender'' and
inserting ``calendar''.
(8) The table of sections at the beginning of chapter 41 is
amended by inserting after the item relating to section 4110A the
following new item:
``4110B. Coordination and nonduplication.''.
(9) The text of section 4213 is amended to read as follows:
``(a) Amounts and periods of time specified in subsection (b) shall
be disregarded in determining eligibility under any of the following:
``(1) Any public service employment program.
``(2) Any emergency employment program.
``(3) Any job training program assisted under the Economic
Opportunity Act of 1964.
``(4) Any employment or training program carried out under
title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
seq.).
``(5) Any other employment or training (or related) program
financed in whole or in part with Federal funds.
``(b) Subsection (a) applies with respect to the following amounts
and periods of time:
``(1) Any amount received as pay or allowances by any person
while serving on active duty.
``(2) Any period of time during which such person served on
active duty.
``(3) Any amount received under chapters 11, 13, 30, 31, 32,
and 36 of this title by an eligible veteran.
``(4) Any amount received by an eligible person under chapters
13 and 35 of this title.
``(5) Any amount received by an eligible member under chapter
106 of title 10.''.
(10) Section 7603(a)(1) is amended by striking ``subsection''
and inserting ``subchapter''.
(b) Other Laws.--
(1) Effective November 30, 1999, and as if included therein as
originally enacted, section 208(c)(2) of the Veterans Millennium
Health Care and Benefits Act (Public Law 106-117; 113 Stat. 1568)
is amended by striking ``subsection (c)(1)'' and inserting
``subsection (c)(3)''.
(2) Effective November 21, 1997, and as if included therein as
originally enacted, section 402(e) of the Veterans' Benefits Act of
1997 (Public Law 105-114; 111 Stat. 2294) is amended by striking
``second sentence'' and inserting ``third sentence''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.