(Sec. 102) Amends the GI Bill to: (1) require for eligibility for its basic educational assistance, for both regular and reserve personnel, that the individual complete the requirements for a secondary school diploma, or the equivalent of 12 semester hours in a program of education leading to a standard college degree, before applying for such benefits; (2) allow such individuals to withdraw their election not to enroll in the benefits program; and (3) limit the eligibility period for such benefits to ten years after either the enactment of this Act or the date of the individual's last discharge or release from active duty, whichever is later.
(Sec. 103) Reduces from three to two years the obligated period of active or reserve service before becoming eligible for GI Bill benefits. Requires individuals whose period of obligated service is: (1) two years to serve at least 20 months before such eligibility; and (2) three years to serve at least 30 months before such eligibility. Revises the amount of such assistance based on the initial period of obligated duty. Limits the eligibility period for such benefits to ten years after either the enactment of this Act or the date of the individual's last discharge or release from active duty, whichever is later.
(Sec. 104) Authorizes participants in the Veterans Educational Assistance Program who have continuously served on active duty since October 9, 1996, through at least April 1, 2000, to enroll in the GI Bill Program. Provides a one-year enrollment period. Requires monthly pay reductions to cover program costs.
(Sec. 105) Allows individuals eligible for GI Bill benefits for active-duty or reserve service, during the period beginning on May 1, 2001, and ending on July 31, 2001, to contribute an additional monthly amount in order to receive an increased amount of basic educational assistance. Requires such contributions to be in multiples of $4 and not exceed $600. Makes eligible for such additional assistance those members on active duty on the date of enactment of this Act but subsequently discharged or released before May 1, 2001.
Subtitle B: Survivors' and Dependents' Educational Assistance - Increases the rates of survivors' and dependents' educational assistance, including assistance used for correspondence courses, special restorative training, and apprenticeship training. Directs the Secretary of Veterans Affairs (Secretary) to annually increase such amounts by the percentage increase in the Consumer Price Index.
(Sec. 112) Revises generally the period of eligibility for the receipt of survivors' and dependents' educational assistance for individuals whose eligibility is based on the permanent total disability or death of a parent. Revises the effective date for the award of such assistance.
(Sec. 114) Includes within the term "program of education" for purposes of GI Bill educational benefits a preparatory course for a test that is required or utilized for admission to a college or graduate school. Allows a person to participate in such a course before his or her 18th birthday.
Subtitle C: General Educational Assistance - Authorizes the payment of basic educational assistance during periods between school terms where the period between such terms does not exceed eight weeks and both the terms preceding and following such period are not shorter than such period.
(Sec. 122) Authorizes as of March 1, 2001, the use of basic educational assistance for payment of vocation or profession licensing or certification tests, limiting such amount to the lesser of $2,000 or the fee charged for the test. Prohibits: (1) such amount from exceeding the amount of the individual's available entitlement; and (2) any such payment until the Secretary determines that the testing meets certain approval requirements for such tests as well as organizations and entities offering such tests. Establishes within the Department of Veterans Affairs (Department) the Professional Certification and Licensure Advisory Committee to advise the Secretary with respect to the requirements of organizations and entities offering such tests. Provides funding.
(Sec. 123) Increases the amounts authorized for FY 2001 and 2002 for payment to State approving agencies for administrative expenses incurred while approving courses of education to be paid from veterans' basic educational assistance.
Title II: Health Provisions - Subtitle A: Personnel Matters - Revises pay adjustment authority for nurses employed by the Department to require the director of a Department health care facility to use third-party industry wage surveys in making such adjustments. Prohibits any adjustment from reducing the rate of basic pay applicable to any nurse grade. Prohibits the director, in determining whether to carry out an adjustment, from considering the absence of a current recruitment or retention problem for personnel in that position. Requires a director to make such determination based on whether there is a significant pay-related staffing problem for such position at that facility. Authorizes the Department's Under Secretary for Health to modify any adjustment determination made by a facility director. Requires each director to report annually to the Secretary on staffing for covered positions at that facility. Requires the Secretary to report annually to the congressional veterans' committees on such staffing. Makes annual (currently terminated in 1993) a reporting requirement from the Secretary to such committees regarding pay adjustments.
Requires the Under Secretary to ensure that: (1) the director of a geographic service area, in formulating policy for the provision of patient care, consult regularly with a senior nurse executive; and (2) the director of a health-care facility include a registered nurse on any committee providing recommendations or decisions on medical center operations or policy affecting clinical services, clinical outcomes, budget, or resources.
(Sec. 202) Increases the special pay for dentists for: (1) full-time status; (2) length-of-service pay; (3) scarce specialty pay; (4) service in certain executive positions; (5) service in a geographic location in which there exists extraordinary difficulties in the recruitment and retention of qualified dentists; and (6) completing a post-graduate year of accredited hospital-based training. Credits toward civil service retirement calculations 25 percent of the special pay for length-of-service pay for each two years that the dentist completes as a dentist in the Veterans Health Administration (VHA).
(Sec. 203) Exempts VHA pharmacists from a required ceiling on special salary rates for certain VHA health professionals.
(Sec. 204) Revises generally provisions regarding the temporary appointment of graduates of physician assistant training programs. Provides a three-year term for temporary full-time appointments of certain medical support personnel (with authorized renewals for additional three-year periods).
(Sec. 205) Requires VHA social workers to be licensed or certified to independently practice social work in a State (with an authorized waiver on an individual basis for a reasonable period).
(Sec. 206) Establishes within the VHA an Advisor on Physician Assistants, to advise the Under Secretary for Health on all matters relating to the utilization and employment of physician assistants.
(Sec. 207) Amends the Department of Veterans Affairs Employment Reduction Assistance Act of 1999 to: (1) revise the number of authorized participants in a plan for voluntary separation incentive payments; (2) revise the percentage of required agency contributions to the Civil Service Retirement and Disability Fund to cover such payments; and (3) extend payment authority through 2002.
Subtitle B: Military Service Issues - Expresses the sense of Congress: (1) urging the Secretary to assess the feasibility and desirability of using a computer-based system to conduct clinical evaluations relevant to military experiences and exposures; and (2) recommending that the Secretary accelerate Department efforts to ensure that relevant veterans' military histories are included in Department medical records.
(Sec. 212) Directs the Secretary to contract with an appropriate entity to conduct a follow-up study on post-traumatic stress disorder in Vietnam veterans. Requires a report to the veterans' committees.
Subtitle C: Medical Administration - Authorizes the Secretary to furnish temporary lodging in Fisher houses (guest houses) or other appropriate facilities, in connection with the examination, care, and treatment of a veteran, to: (1) a veteran who must travel a significant distance to receive such care and treatment; and (2) a family member and others who accompany such veteran to provide familial support. Authorizes the Secretary to establishes charges for such lodging.
(Sec. 222) Excludes from the right of the Department to recover certain costs from a State for veterans' care facilities not so used for at least 20 years the establishment and operation of an outpatient clinic at such a facility.
(Sec. 223) Expresses the sense of Congress that the Departments of Defense and 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.
Subtitle D: Construction Authorization - Authorizes the Secretary to carry out major medical facility projects in Palo Alto, California, Beckley, West Virginia, and Long Beach, California. Authorizes the Secretary to carry out a renovation project at the Department medical center in Murfreesboro, Tennessee.
(Sec. 232) Authorizes appropriations for FY 2001 and 2002 for the Construction, Major Projects, account for such projects.
Subtitle E: Real Property Matters - Prohibits the Secretary from entering into an enhanced-use lease of Department property until 90 days after notifying the veterans' committees of the intention to designate property for such use.
(Sec. 242) Directs the Secretary to release a reversionary interest in certain real property in Johnson City, Tennessee, previously transferred to the State of Tennessee.
(Sec. 243) Directs the Secretary to enter into a multiyear contract with the Ford Motor Land Development Corporation to: (1) demolish the buildings and auxiliary structures comprising the Department of Veterans Affairs Medical Center in Allen Park, Michigan; and (2) remediate the site of all hazardous materials and environmental contaminants. Limits the contract period to seven years, and prohibits the Secretary from expending more than $14 million under such contract (requiring the Corporation to bear all costs in excess of such amount). Provides annual payment requirements under the contract. Requires the Corporation to erect and maintain on such property a flagpole and suitable memorial identifying the property as the location of the former Medical Center.
(Sec. 244) Directs the Secretary to convey specified tracts of property at the Carl Vinson Department of Veterans Affairs Medical Center, Dublin, Georgia, to: (1) the Board of Regents of the State of Georgia to be used solely for education purposes; and (2) the Community Service Board of Middle Georgia to be used solely for education and health care purposes.
(Sec. 245) Directs the Secretary to convey to Custer County, Montana, the Miles City Veterans Administration Medical Center complex in Miles City, Montana, for use for veterans activities, community and economic development, or other appropriate public purposes.
(Sec. 246) Authorizes the Secretary to convey to the State of Colorado the Ft. Lyon Department of Veterans Affairs Medical Center, for use as a correctional facility. Prohibits such conveyance until the Secretary: (1) prepares and implements a plan which considers current patients at the Center; and (2) completes the evaluation and performance of all necessary environmental restoration activities.
(Sec. 247) Authorizes the Secretary to pay the State of Colorado, or any private nursing home facility, for costs incurred in providing nursing home care to veterans relocated from the Ft. Lyon Center as the result of the above conveyance. Requires a report from the Under Secretary for Health to the veterans' committees on the status of the health care system for veterans under the Veterans Integrated Service Network in southern Colorado.
Title III: Compensation, Insurance, Housing, Employment, and Memorial Affairs Provisions - Subtitle A: Compensation Program Changes - Includes as a service-connected and therefore compensable injury under veterans' disability compensation provisions a stroke or heart attack incurred or aggravated by members of the reserves during the performance of inactive-duty training or while traveling to or from such training.
(Sec. 302) Provides monthly veterans' disability compensation for female veterans who lose one or both breasts as a result of a service-connected disability.
(Sec. 303) Authorizes the payment of veterans' disability compensation for veterans who are disabled during participation in a compensated work therapy program.
(Sec. 304) Revises provisions concerning a limitation on the payment of benefits to incompetent institutionalized veterans to increase from $1,500 to five times the amount payable to a fully disabled service-connected disabled veteran the amount that such a veteran may retain and still qualify for payments. Provides that if payments are withheld, they may be restored if the veteran's assets drop to one-half of the above amount.
(Sec. 305) Directs the Secretary of Defense to contract with the National Academy of Sciences to carry out periodic reviews of the dose reconstruction program of the Defense Threat Reduction Agency (radiation exposure reconstruction). Requires an Academy report to Congress.
Subtitle B: Life Insurance Matters - Prohibits the premium rate for term service disabled veterans' insurance from exceeding the renewal age 70 premium rate. Requires submission from the Secretary to Congress of a plan to liquidate the unfunded liability under such insurance program no later than October 1, 2011.
(Sec. 312) Increases from $200,000 to $250,000 the automatic maximum coverage under both Servicemembers' Group Life Insurance (SGLI) and Veterans' Group Life Insurance.
(Sec. 313) Authorizes SGLI participation for individuals who volunteer for assignment to a mobilization category in the Individual Ready Reserve.
Subtitle C: Housing and Employment Programs - Prohibits any reduction in assistance for specially adapted housing for disabled veterans for veterans sharing joint ownership of a housing unit.
(Sec. 322) Provides a veterans' employment emphasis under Federal contracts of $25,000 or more for recently separated veterans (those discharged or released within one year).
(Sec. 323) Amends veterans' employment rights provisions to: (1) include as military service any period for which a person is absent from civilian employment to perform authorized funeral honors duty; and (2) require an employer to give an employee who is a member of a reserve component an authorized leave of absence to perform such duty.
Subtitle D: Cemeteries and Memorial Affairs - Makes eligible for interment in national cemeteries Filipino Commonwealth Army veterans of World War II, as long as each such veteran, at his or her time of death: (1) was a U.S. citizen or alien lawfully admitted for permanent residence; and (2) resided in the United States.
(Sec. 332) Requires Filipino veterans of World War II, in order to receive burial benefit payments, to be individuals who, at their time of death: (1) were citizens of the United States or aliens lawfully admitted for permanent residence; (2) were residing in the United States; and (3) either were receiving veterans' disability compensation or, if their service was deemed active military service, would have been paid a military pension but for an applicable net worth limitation.
(Sec. 333) Allows a State to continue to receive a plot allowance for the burial of a veteran in a State veterans' cemetery in the case of the burial of a member or former member discharged or released from service under conditions other than dishonorable.
Title IV: Other Matters - Directs the Secretary to identify birth defects of children of female Vietnam veterans that: (1) are associated with service during the Vietnam era; and (2) result in the permanent physical or mental disability of such children. Excludes from such defects familial or birth-related defects or injuries. Directs the Secretary to provide to such children necessary health care to address the defect and any associated disability. Authorizes the Secretary to provide vocational training to such a child if the achievement of a vocational goal is reasonably feasible.
Directs the Secretary to pay a monthly allowance to such a child, the amount to be determined through a schedule rating the various defects and disabilities and their degrees. Provides that the receipt of such allowance shall not infringe upon the right to receive any other benefit to which the individual is entitled. Prohibits such allowance from being considered income for purposes of other veterans' benefits for which income limitations exist. States that, in the case of an eligible child whose only covered birth defect is spina bifida, a monetary allowance shall be paid under these provisions only. Allows an eligible individual to be provided only one program of vocational training.
(Sec. 402) Extends through: (1) December 31, 2008, the authority to guarantee the payment of principal and interest on certificates or other securities evidencing an interest in a pool of veterans' mortgage loans; (2) September 30, 2008, the authority to charge a home loan fee for Department-guaranteed veterans' housing loans; (3) September 30, 2008, certain procedures applicable to foreclosure sales on defaulted home loans guaranteed by the Department; (4) September 30, 2008, the authority of the Secretary to utilize certain veterans' income verification procedures; (5) September 30, 2008, a veterans' pension limitation for certain recipients of nursing home care covered under title XIX (Medicaid) of the Social Security Act; (6) 2004 a report requirement from the Committee on Care of Severely Chronically Mentally Ill Veterans; and (7) December 31, 2003, the authority of the Secretary to establish research and education corporations at Department medical centers.
(Sec. 403) Makes a provision of the Federal Reports Elimination and Sunset Act of 1995 which terminates on December 31, 1999, all reporting requirements contained on a list prepared by the Clerk of the House of Representatives for the first session of the 103d Congress inapplicable to certain Department reports. Terminates the requirement for certain budget reports, reports on equitable relief cases, and reports from advisory committees on former prisoners of war and women veterans.
Requires that, whenever the Secretary submits to Congress or a congressional committee a report required by law or by joint explanatory statement of a conference committee, the Secretary shall include with such report a statement of the cost of preparing the report and the methodology used in preparing the cost statement.
[106th Congress Public Law 419]
[From the U.S. Government Publishing Office]
<DOC>
[DOCID: f:publ419.106]
[[Page 1821]]
VETERANS BENEFITS AND HEALTH CARE IMPROVEMENT ACT OF 2000
[[Page 114 STAT. 1822]]
Public Law 106-419
106th Congress
An Act
To amend title 38, United States <<NOTE: Nov. 1, 2000 - [S.
1402]>> 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 <<NOTE: Veterans Benefits
and Health Care Improvement Act of 2000.>> Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> 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.
[[Page 114 STAT. 1823]]
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.
[[Page 114 STAT. 1824]]
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) <<NOTE: 38 USC 3015 note.>> 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):
[[Page 114 STAT. 1825]]
``(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) <<NOTE: 38 USC 3031 note.>> 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
[[Page 114 STAT. 1826]]
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) <<NOTE: 38 USC 3031 note.>> 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.
[[Page 114 STAT. 1827]]
(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
[[Page 114 STAT. 1828]]
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) <<NOTE: 38 USC 3018c.>> 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) <<NOTE: 38 USC 5107.>> 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
[[Page 114 STAT. 1829]]
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) <<NOTE: 38 USC 3011 note.>> Effective Date.--The amendments
made by this section shall take effect on May 1, 2001.
[[Page 114 STAT. 1830]]
(d) <<NOTE: 38 USC 3011 note.>> 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) <<NOTE: 38 USC 3532 note.>> 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
[[Page 114 STAT. 1831]]
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) <<NOTE: 38 USC 3564 note.>> 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
[[Page 114 STAT. 1832]]
``(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) <<NOTE: 38 USC 5113 note.>> 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.
[[Page 114 STAT. 1833]]
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) <<NOTE: 38 USC 3680 note.>> 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
[[Page 114 STAT. 1834]]
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-
[[Page 114 STAT. 1835]]
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.
[[Page 114 STAT. 1836]]
``(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.
[[Page 114 STAT. 1837]]
``(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) <<NOTE: 38 USC 3032 note.>> 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--
[[Page 114 STAT. 1838]]
(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
[[Page 114 STAT. 1839]]
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 <<NOTE: Deadline.>> 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)''.
[[Page 114 STAT. 1840]]
(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:
[[Page 114 STAT. 1841]]
------------------------------------------------------------------------
``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) <<NOTE: 38 USC 7435 note.>> 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) <<NOTE: 38 USC 7435 note.>> 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''.
[[Page 114 STAT. 1842]]
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:
[[Page 114 STAT. 1843]]
``(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 <<NOTE: 38 USC 1712A note.>> 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
[[Page 114 STAT. 1844]]
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 <<NOTE: 38 USC 1708.>> 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;
[[Page 114 STAT. 1845]]
``(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 <<NOTE: 38 USC prec. 1701.>> 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.
[[Page 114 STAT. 1846]]
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) <<NOTE: 38 USC 1710 note.>> 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) <<NOTE: 38 USC 1710 note.>> 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--
[[Page 114 STAT. 1847]]
(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).
[[Page 114 STAT. 1848]]
(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
[[Page 114 STAT. 1849]]
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
[[Page 114 STAT. 1850]]
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
[[Page 114 STAT. 1851]]
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) <<NOTE: Publication.>> 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,
[[Page 114 STAT. 1852]]
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.
[[Page 114 STAT. 1853]]
``(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 <<NOTE: 38 USC 1154 note.>> 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
[[Page 114 STAT. 1854]]
(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) <<NOTE: Deadline.>> 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) <<NOTE: 38 USC 1967 note.>> 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''.
[[Page 114 STAT. 1855]]
(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.''.
[[Page 114 STAT. 1856]]
(c) <<NOTE: 38 USC 4303 note.>> 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) <<NOTE: 38 USC 107 note.>> 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) <<NOTE: 38 USC 107 note.>> 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
[[Page 114 STAT. 1857]]
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) <<NOTE: 38 USC 2303 note.>> 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.
[[Page 114 STAT. 1858]]
``(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--
[[Page 114 STAT. 1859]]
``(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.
[[Page 114 STAT. 1860]]
``(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:
[[Page 114 STAT. 1861]]
``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) <<NOTE: 38 USC 1811 note.>> 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
[[Page 114 STAT. 1862]]
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):
[[Page 114 STAT. 1863]]
``(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) <<NOTE: 31 USC 1113 note.>> 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
[[Page 114 STAT. 1864]]
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) <<NOTE: 38 USC 116 note.>> 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
[[Page 114 STAT. 1865]]
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) <<NOTE: Effective date.>> 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) <<NOTE: 38 USC 8163 and
note.>> is amended by striking ``subsection (c)(1)'' and
inserting ``subsection (c)(3)''.
[[Page 114 STAT. 1866]]
(2) <<NOTE: Effective date.>> 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) <<NOTE: 38 USC 8153 and note.>> is amended by
striking ``second sentence'' and inserting ``third sentence''.
Approved November 1, 2000.
LEGISLATIVE HISTORY--S. 1402:
---------------------------------------------------------------------------
SENATE REPORTS: No. 106-114 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
July 26, considered and passed
Senate.
Vol. 146 (2000):
May 23, considered and passed House,
amended.
Oct. 12, Senate concurred in House
amendments with amendments.
Oct. 17, House concurred in Senate
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Nov. 1, Presidential statement.
<all>
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 0 (Roll no. 220).(text: CR H3548-3552)
Roll Call #220 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 417 - 0 (Roll no. 220). (text: CR H3548-3552)
Roll Call #220 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Message on House action received in Senate and at desk: House amendments to Senate bill.
Measure laid before Senate. (consideration: CR S10500-10513)
Resolving differences -- Senate actions: Senate concurred in the House amendments with an amendment (SA4314) and an amendment to the title by Unanimous Consent.(consideration: CR S10500-10515; text as Senate agreed to House amendment: CR S10500-10503)
Senate concurred in the House amendments with an amendment (SA4314) and an amendment to the title by Unanimous Consent. (consideration: CR S10500-10515; text as Senate agreed to House amendment: CR S10500-10503)
Message on Senate action sent to the House.
Enacted as Public Law 106-419
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Mr. Stump moved that the House suspend the rules and agree to the Senate amendments to the House amendments.
DEBATE - The House proceeded with forty minutes of debate on the motion.
Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendments to the House amendments Agreed to by voice vote.(consideration: CR H9918-9947; text as House agreed to Senate amendments: CR H9918-9931)
On motion that the House suspend the rules and agree to the Senate amendments to the House amendments Agreed to by voice vote. (consideration: CR H9918-9947; text as House agreed to Senate amendments: CR H9918-9931)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 106-419.
Became Public Law No: 106-419.