[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 714 Enrolled Bill (ENR)]
S.714
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To amend title 38, United States Code, to revise, extend, and improve
programs for veterans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Veterans' Benefits
Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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employment discrimination complaint resolution system.

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TITLE I

-EQUAL EMPLOYMENT OPPORTUNITY PROCESS IN THE DEPARTMENT OF

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TITLE II

-EXTENSION AND IMPROVEMENT OF AUTHORITIES

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medical emergencies arising from the terrorist use of weapons
of mass destruction.

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TITLE IV

-TECHNICAL AND CLARIFYING AMENDMENTS

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.
VETERANS AFFAIRS

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(a) In General.--(1) Chapter 5 is amended by inserting at the end
of subchapter I the following new section:
``Sec. 516. Equal employment responsibilities
``(a) The Secretary shall provide that the employment
discrimination complaint resolution system within the Department be
established and administered so as to encourage timely and fair
resolution of concerns and complaints. The Secretary shall take steps
to ensure that the system is administered in an objective, fair, and
effective manner and in a manner that is perceived by employees and
other interested parties as being objective, fair, and effective.
``(b) The Secretary shall provide--
``(1) that employees responsible for counseling functions
associated with employment discrimination and for receiving,
investigating, and processing complaints of employment
discrimination shall be supervised in those functions by, and
report to, an Assistant Secretary or a Deputy Assistant Secretary
for complaint resolution management; and
``(2) that employees performing employment discrimination
complaint resolution functions at a facility of the Department
shall not be subject to the authority, direction, and control of
the Director of the facility with respect to those functions.
``(c) The Secretary shall ensure that all employees of the
Department receive adequate education and training for the purposes of
this section and section 319 of this title.
``(d) The Secretary shall, when appropriate, impose disciplinary
measures, as authorized by law, in the case of employees of the
Department who engage in unlawful employment discrimination, including
retaliation against an employee asserting rights under an equal
employment opportunity law.
``(e)(1)(A) Not later than 30 days after the end of each calendar
quarter, the Assistant Secretary for Human Resources and Administration
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report summarizing the employment
discrimination complaints filed against the individuals referred to in
paragraph (2) during such quarter.
``(B) Subparagraph (A) shall apply in the case of complaints filed
against individuals on the basis of such individuals' personal conduct
and shall not apply in the case of complaints filed solely on the basis
of such individuals' positions as officials of the Department.
``(2) Paragraph (1) applies to the following officers and employees
of the Department:
``(A) The Secretary.
``(B) The Deputy Secretary of Veterans Affairs.
``(C) The Under Secretary for Health and the Under Secretary
for Benefits.
``(D) Each Assistant Secretary of Veterans Affairs and each
Deputy Assistant Secretary of Veterans Affairs.
``(E) The Director of the National Cemetery System.
``(F) The General Counsel of the Department.
``(G) The Chairman of the Board of Veterans' Appeals.
``(H) The Chairman of the Board of Contract Appeals of the
Department.
``(I) The director and the chief of staff of each medical
center of the Department.
``(J) The director of each Veterans Integrated Services
Network.
``(K) The director of each regional office of the Department.
``(L) Each program director of the Central Office of the
Department.
``(3) Each report under this subsection--
``(A) may not disclose information which identifies the
individuals filing, or the individuals who are the subject of, the
complaints concerned or the facilities at which the discrimination
identified in such complaints is alleged to have occurred;
``(B) shall summarize such complaints by type and by equal
employment opportunity field office area in which filed; and
``(C) shall include copies of such complaints, with the
information described in subparagraph (A) redacted.
``(4) Not later than April 1 each year, the Assistant Secretary
shall submit to the committees referred to in paragraph (1)(A) a report
on the complaints covered by paragraph (1) during the preceding year,
including the number of such complaints filed during that year and the
status and resolution of the investigation of such complaints.
``(f) The Secretary shall ensure that an employee of the Department
who seeks counseling relating to employment discrimination may elect to
receive such counseling from an employee of the Department who carries
out equal employment opportunity counseling functions on a full-time
basis rather than from an employee of the Department who carries out
such functions on a part-time basis.
``(g) The number of employees of the Department whose duties
include equal employment opportunity counseling functions as well as
other, unrelated functions may not exceed 40 full-time equivalent
employees. Any such employee may be assigned equal employment
opportunity counseling functions only at Department facilities in
remote geographic locations (as determined by the Secretary). The
Secretary may waive the limitation in the preceding sentence in
specific cases.
``(h) The provisions of this section shall be implemented in a
manner consistent with procedures applicable under regulations
prescribed by the Equal Employment Opportunity Commission.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 515 the
following new item:
``516. Equal employment responsibilities.''.
(b) Reports.--(1) The Secretary of Veterans Affairs shall submit to
Congress reports on the implementation and operation of the equal
employment opportunity system within the Department of Veterans
Affairs. The first such report shall be submitted not later than April
1, 1998, and subsequent reports shall be submitted not later than
January 1, 1999, and January 1, 2000.
(2) The first report under paragraph (1) shall set forth the
actions taken by the Secretary to implement section 516 of title 38,
United States Code, as added by subsection (a), and other actions taken
by the Secretary in relation to the equal employment opportunity system
within the Department of Veterans Affairs.
(3) The subsequent reports under paragraph (1) shall set forth, for
each equal employment opportunity field office of the Department and
for the Department as a whole, the following:
(A) Any information to supplement the information submitted in
the report under paragraph (2) that the Secretary considers
appropriate.
(B) The number of requests for counseling relating to
employment discrimination received during the one-year period
ending on the date of the report concerned.
(C) The number of employment discrimination complaints received
during such period.
(D) The status of each complaint described in subparagraph (C),
including whether or not the complaint was resolved and, if
resolved, whether the employee concerned sought review of the
resolution by the Equal Employment Opportunity Commission or by
Federal court.
(E) The number of employment discrimination complaints that
were settled during such period, including--
(i) the type of such complaints; and
(ii) the terms of settlement (including any settlement
amount) of each such complaint.
(c) Effective Date.--Section 516 of title 38, United States Code,
as added by subsection (a), shall take effect 90 days after the date of
enactment of this Act. Subsection (e) of that section shall take effect
with respect to the first quarter of calendar year 1998.

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(a) In General.--(1) Chapter 3 is amended by adding at the end the
following new section:
``Sec. 319. Office of Employment Discrimination Complaint Adjudication
``(a)(1) There is in the Department an Office of Employment
Discrimination Complaint Adjudication. There is at the head of the
Office a Director.
``(2) The Director shall be a career appointee in the Senior
Executive Service.
``(3) The Director reports directly to the Secretary or the Deputy
Secretary concerning matters within the responsibility of the Office.
``(b)(1) The Director is responsible for making the final agency
decision within the Department on the merits of any employment
discrimination complaint filed by an employee, or an applicant for
employment, with the Department. The Director shall make such decisions
in an impartial and objective manner.
``(2) No person may make any ex parte communication to the Director
or to any employee of the Office with respect to a matter on which the
Director has responsibility for making a final agency decision.
``(c) Whenever the Director has reason to believe that there has
been retaliation against an employee by reason of the employee
asserting rights under an equal employment opportunity law, the
Director shall report the suspected retaliatory action directly to the
Secretary or Deputy Secretary, who shall take appropriate action
thereon.
``(d)(1) The Office shall employ a sufficient number of attorneys
and other personnel as are necessary to carry out the functions of the
Office. Attorneys shall be compensated at a level commensurate with
attorneys employed by the Office of the General Counsel.
``(2) The Secretary shall ensure that the Director is furnished
sufficient resources in addition to personnel under paragraph (1) to
enable the Director to carry out the functions of the Office in a
timely manner.
``(3) The Secretary shall ensure that any performance appraisal of
the Director of the Office of Employment Discrimination Complaint
Adjudication or of any employee of the Office does not take into
consideration the record of the Director or employee in deciding cases
for or against the Department.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``319. Office of Employment Discrimination Complaint Adjudication.''.
(b) Reports on Implementation.--The Director of the Office of
Employment Discrimination Complaint Adjudication of the Department of
Veterans Affairs (established by section 319 of title 38, United States
Code, as added by subsection (a)) shall submit to the Secretary of
Veterans Affairs and to Congress reports on the implementation and the
operation of that office. The first such report shall be submitted not
later than April 1, 1998, and subsequent reports shall be submitted not
later than January 1, 1999, and January 1, 2000.
(c) Effective Date.--Section 319 of title 38, United States Code,
as added by subsection (a), shall take effect 90 days after the date of
enactment of this Act.

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EMPLOYMENT DISCRIMINATION COMPLAINT RESOLUTION SYSTEM.
(a) Agreement for Assessment and Review.--(1) The Secretary of
Veterans Affairs shall seek to enter into an agreement with a qualified
private entity under which agreement the entity shall carry out the
assessment described in subsection (b) and the review described in
subsection (c).
(2) The Secretary shall include in the agreement provisions
necessary to ensure that the entity carries out its responsibilities
under the agreement (including the exercise of its judgments concerning
the assessment and review) in a manner free of influence from any
source, including the officials and employees of the Department of
Veterans Affairs.
(3) The Secretary may not enter into the agreement until 15 days
after the date on which the Secretary notifies the Committees on
Veterans' Affairs of the Senate and House of Representatives of the
entity with which the Secretary proposes to enter into the agreement.
(b) Initial Assessment of System.--(1) Under the agreement under
subsection (a), the entity shall conduct an assessment of the
employment discrimination complaint resolution system administered
within the Department of Veterans Affairs, including the extent to
which the system meets the objectives set forth in section 516(a) of
title 38, United States Code, as added by section 101. The assessment
shall include a comprehensive description of the system as of the time
of the assessment.
(2) Under the agreement, the entity shall submit the assessment to
the committees referred to in subsection (a)(3) and to the Secretary
not later than June 1, 1998.
(c) Review of Administration of System.--(1) Under the agreement
under subsection (a), the entity shall monitor and review the
administration by the Secretary of the employment discrimination
complaint resolution system administered within the Department.
(2) Under the agreement, the entity shall submit to the committees
referred to in subsection (a)(3) and to the Secretary a report on the
results of the review under paragraph (1) not later than June 1, 1999.
The report shall include an assessment of the administration of the
system, including the extent to which the system meets the objectives
referred to in subsection (b)(1), and the effectiveness of the
following:
(A) Programs to train and maintain a cadre of individuals who
are competent to investigate claims relating to employment
discrimination.
(B) Programs to train and maintain a cadre of individuals who
are competent to provide counseling to individuals who submit such
claims.
(C) Programs to provide education and training to Department
employees regarding their rights and obligations under the equal
employment opportunity laws.
(D) Programs to oversee the administration of the system.
(E) Programs to evaluate the effectiveness of the system in
meeting its objectives.
(F) Other programs, procedures, or activities of the Department
relating to the equal employment opportunity laws, including any
alternative dispute resolution procedures and informal dispute
resolution and settlement procedures.
(G) Any disciplinary measures imposed by the Secretary on
employees determined to have violated the equal employment
opportunity laws in preventing or deterring violations of such laws
by other employees of the Department.

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(a) Extension of Pilot Program.--Section 3761(c) is amended by
striking out ``September 30, 1997'' and inserting in lieu thereof
``December 31, 2001''.
(b) Outreach.--Section 3762(i) is amended--
(1) by inserting ``(1)'' after ``(i)'';
(2) by inserting ``, in consultation with tribal organizations
(including the National Congress of American Indians and the
National American Indian Housing Council),'' after ``The Secretary
shall'';
(3) by striking out ``tribal organizations and''; and
(4) by adding at the end the following:
``(2) Activities under the outreach program shall include the
following:
``(A) Attending conferences and conventions conducted by the
National Congress of American Indians in order to work with the
National Congress in providing information and training to tribal
organizations and Native American veterans regarding the
availability of housing benefits under the pilot program and in
assisting such organizations and veterans in participating in the
pilot program.
``(B) Attending conferences and conventions conducted by the
National American Indian Housing Council in order to work with the
Housing Council in providing information and training to tribal
organizations and tribal housing entities regarding the
availability of such benefits.
``(C) Attending conferences and conventions conducted by the
Department of Hawaiian Homelands in order to work with the
Department of Hawaiian Homelands in providing information and
training to tribal housing entities in Hawaii regarding the
availability of such benefits.
``(D) Producing and disseminating information to tribal
governments, tribal veterans service organizations, and tribal
organizations regarding the availability of such benefits.
``(E) Assisting tribal organizations and Native American
veterans in participating in the pilot program.
``(F) Outstationing loan guarantee specialists in tribal
facilities on a part-time basis if requested by the tribal
government.''.
(c) Annual Reports.--Section 3762 is further amended by adding at
the end the following new subsection:
``(j) Not later than February 1 of each year through 2002, the
Secretary shall transmit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report relating to the
implementation of the pilot program under this subchapter during the
fiscal year preceding the date of the report. Each such report shall
include the following:
``(1) The Secretary's exercise during such fiscal year of the
authority provided under subsection (c)(1)(B) to make loans
exceeding the maximum loan amount.
``(2) The appraisals performed for the Secretary during such
fiscal year under the authority of subsection (d)(2), including a
description of--
``(A) the manner in which such appraisals were performed;
``(B) the qualifications of the appraisers who performed
such appraisals; and
``(C) the actions taken by the Secretary with respect to
such appraisals to protect the interests of veterans and the
United States.
``(3) The outreach activities undertaken under subsection (i)
during such fiscal year, including--
``(A) a description of such activities on a region-by-
region basis; and
``(B) an assessment of the effectiveness of such activities
in encouraging the participation of Native American veterans in
the pilot program.
``(4) The pool of Native American veterans who are eligible for
participation in the pilot program, including--
``(A) a description and analysis of the pool, including
income demographics;
``(B) a description and assessment of the impediments, if
any, to full participation in the pilot program of the Native
American veterans in the pool; and
``(C) the impact of low-cost housing programs operated by
the Department of Housing and Urban Development and other
Federal or State agencies on the demand for direct loans under
this section.
``(5) The Secretary's recommendations, if any, for additional
legislation regarding the pilot program.''.

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AND HOMELESS VETERANS.
(a) Codification and Revision of Programs.--Chapter 17 is amended
by adding at the end the following new subchapter:
``SUBCHAPTER VII--TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY
ILL AND HOMELESS VETERANS
``Sec. 1771. General treatment
``(a) In providing care and services under section 1710 of this
title to veterans suffering from serious mental illness, including
veterans who are homeless, the Secretary may provide (directly or in
conjunction with a governmental or other entity)--
``(1) outreach services;
``(2) care, treatment, and rehabilitative services (directly or
by contract in community-based treatment facilities, including
halfway houses); and
``(3) therapeutic transitional housing assistance under section
1772 of this title, in conjunction with work therapy under
subsection (a) or (b) of section 1718 of this title and outpatient
care.
``(b) The authority of the Secretary under subsection (a) expires
on December 31, 2001.
``Sec. 1772. Therapeutic housing
``(a) The Secretary, in connection with the conduct of compensated
work therapy programs, may operate residences and facilities as
therapeutic housing.
``(b) The Secretary may use such procurement procedures for the
purchase, lease, or other acquisition of residential housing for
purposes of this section as the Secretary considers appropriate to
expedite the opening and operation of transitional housing and to
protect the interests of the United States.
``(c) A residence or other facility may be operated as transitional
housing for veterans described in paragraphs (1) and (2) of section
1710(a) of this title under the following conditions:
``(1) Only veterans described in those paragraphs and a house
manager may reside in the residence or facility.
``(2) Each resident, other than the house manager, shall be
required to make payments that contribute to covering the expenses
of board and the operational costs of the residence or facility for
the period of residence in such housing.
``(3) In order to foster the therapeutic and rehabilitative
objectives of such housing (A) residents shall be prohibited from
using alcohol or any controlled substance or item, (B) any resident
violating that prohibition may be expelled from the residence or
facility, and (C) each resident shall agree to undergo drug testing
or such other measures as the Secretary shall prescribe to ensure
compliance with that prohibition.
``(4) In the establishment and operation of housing under this
section, the Secretary shall consult with appropriate
representatives of the community in which the housing is
established and shall comply with zoning requirements, building
permit requirements, and other similar requirements applicable to
other real property used for similar purposes in the community.
``(5) The residence or facility shall meet State and community
fire and safety requirements applicable to other real property used
for similar purposes in the community in which the transitional
housing is located, but fire and safety requirements applicable to
buildings of the Federal Government shall not apply to such
property.
``(d) The Secretary shall prescribe the qualifications for house
managers for transitional housing units operated under this section.
The Secretary may provide for free room and subsistence for a house
manager in addition to, or instead of payment of, a fee for the
services provided by the manager.
``(e)(1) The Secretary may operate as transitional housing under
this section--
``(A) any suitable residential property acquired by the
Secretary as the result of a default on a loan made, guaranteed, or
insured under chapter 37 of this title;
``(B) any suitable space in a facility under the jurisdiction
of the Secretary that is no longer being used (i) to provide acute
hospital care, or (ii) as housing for medical center employees; and
``(C) any other suitable residential property purchased,
leased, or otherwise acquired by the Secretary.
``(2) In the case of any property referred to in paragraph (1)(A),
the Secretary shall--
``(A) transfer administrative jurisdiction over such property
within the Department from the Veterans Benefits Administration to
the Veterans Health Administration; and
``(B) transfer from the General Post Fund to the Loan Guaranty
Revolving Fund under chapter 37 of this title an amount (not to
exceed the amount the Secretary paid for the property) representing
the amount the Secretary considers could be obtained by sale of
such property to a nonprofit organization or a State for use as a
shelter for homeless veterans.
``(3) In the case of any residential property obtained by the
Secretary from the Department of Housing and Urban Development under
this section, the amount paid by the Secretary to that Department for
that property may not exceed the amount that the Secretary of Housing
and Urban Development would charge for the sale of that property to a
nonprofit organization or a State for use as a shelter for homeless
persons. Funds for such charge shall be derived from the General Post
Fund.
``(f) The Secretary shall prescribe--
``(1) a procedure for establishing reasonable payment rates for
persons residing in transitional housing; and
``(2) appropriate limits on the period for which such persons
may reside in transitional housing.
``(g) The Secretary may dispose of any property acquired for the
purpose of this section. The proceeds of any such disposal shall be
credited to the General Post Fund.
``(h) Funds received by the Department under this section shall be
deposited in the General Post Fund. The Secretary may distribute out of
the fund such amounts as necessary for the acquisition, management,
maintenance, and disposition of real property for the purpose of
carrying out such program. The Secretary shall manage the operation of
this section so as to ensure that expenditures under this subsection
for any fiscal year shall not exceed by more than $500,000 proceeds
credited to the General Post Fund under this section. The operation of
the program and funds received shall be separately accounted for, and
shall be stated in the documents accompanying the President's budget
for each fiscal year.
``Sec. 1773. Additional services at certain locations
``(a) Subject to the availability of appropriations, the Secretary
shall operate a program under this section to expand and improve the
provision of benefits and services by the Department to homeless
veterans.
``(b) The program shall include the establishment of not fewer than
eight programs (in addition to any existing programs providing similar
services) at sites under the jurisdiction of the Secretary to be
centers for the provision of comprehensive services to homeless
veterans. The services to be provided at each site shall include a
comprehensive and coordinated array of those specialized services which
may be provided under existing law.
``(c) The program shall include the services of such employees of
the Veterans Benefits Administration as the Secretary determines
appropriate at sites under the jurisdiction of the Secretary at which
services are provided to homeless veterans.
``(d) The program under this section shall terminate on December
31, 2001.
``Sec. 1774. Coordination with other agencies and organizations
``(a) In assisting homeless veterans, the Secretary shall
coordinate with, and may provide services authorized under this title
in conjunction with, State and local governments, other appropriate
departments and agencies of the Federal Government, and nongovernmental
organizations.
``(b)(1) The Secretary shall require the director of each medical
center or the director of each regional benefits office to make an
assessment of the needs of homeless veterans living within the area
served by the medical center or regional office, as the case may be.
``(2) Each such assessment shall be made in coordination with
representatives of State and local governments, other appropriate
departments and agencies of the Federal Government, and nongovernmental
organizations that have experience working with homeless persons in
that area.
``(3) Each such assessment shall identify the needs of homeless
veterans with respect to the following:
``(A) Health care.
``(B) Education and training.
``(C) Employment.
``(D) Shelter.
``(E) Counseling.
``(F) Outreach services.
``(4) Each assessment shall also indicate the extent to which the
needs referred to in paragraph (3) are being met adequately by the
programs of the Department, of other departments and agencies of the
Federal Government, of State and local governments, and of
nongovernmental organizations.
``(5) Each assessment shall be carried out in accordance with
uniform procedures and guidelines prescribed by the Secretary.
``(c) In furtherance of subsection (a), the Secretary shall require
the director of each medical center and the director of each regional
benefits office, in coordination with representatives of State and
local governments, other Federal officials, and nongovernmental
organizations that have experience working with homeless persons in the
areas served by such facility or office, to--
``(1) develop a list of all public and private programs that
provide assistance to homeless persons or homeless veterans in the
area concerned, together with a description of the services offered
by those programs;
``(2) seek to encourage the development by the representatives
of such entities, in coordination with the director, of a plan to
coordinate among such public and private programs the provision of
services to homeless veterans;
``(3) take appropriate action to meet, to the maximum extent
practicable through existing programs and available resources, the
needs of homeless veterans that are identified in the assessment
conducted under subsection (b); and
``(4) attempt to inform homeless veterans whose needs the
director cannot meet under paragraph (3) of the services available
to such veterans within the area served by such center or
office.''.
(b) Conforming Amendments.--(1) Section 1720A is amended--
(A) by striking out subsections (a), (e), (f), and (g); and
(B) by redesignating subsections (b), (c), and (d) as
subsections (a), (b), and (c), respectively.
(2) The heading of such section is amended to read as follows:
``Sec. 1720A. Treatment and rehabilitative services for persons with
drug or alcohol dependency''.
(c) Conforming Repeals.--The following provisions are repealed:
(1) Section 7 of Public Law 102-54 (38 U.S.C. 1718 note).
(2) Section 107 of the Veterans' Medical Programs Amendments of
1992 (38 U.S.C. 527 note).
(3) Section 2 of the Homeless Veterans Comprehensive Service
Programs Act of 1992 (38 U.S.C. 7721 note).
(4) Section 115 of the Veterans' Benefits and Services Act of
1988 (38 U.S.C. 1712 note).
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 17 is amended--
(1) by striking out the item relating to section 1720A and
inserting in lieu thereof the following:
``1720A. Treatment and rehabilitative services for persons with drug or
alcohol dependency.''; and
(2) by adding at the end the following:
``subchapter vii--treatment and rehabilitation for seriously mentally
ill and homeless veterans
``1771. General treatment.
``1772. Therapeutic housing.
``1773. Additional services at certain locations.
``1774. Coordination with other agencies and organizations.''.

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VETERANS.
(a) Agreements for Housing Assistance for Homeless Veterans.--
Section 3735(c) is amended by striking out ``December 31, 1997'' and
inserting in lieu thereof ``December 31, 1999''.
(b) Extension of Homeless Veterans Comprehensive Service Grant
Program.--Section 3(a)(2) of the Homeless Veterans Comprehensive
Service Programs Act of 1992 (38 U.S.C. 7721 note) is amended by
striking out ``September 30, 1997'' and inserting in lieu thereof
``September 30, 1999''.
(c) Homeless Veterans' Reintegration Projects.--The Stewart B.
McKinney Homeless Assistance Act is amended as follows:
(1) Section 738(e)(1) (42 U.S.C. 11448(e)(1)) is amended by
adding at the end the following new subparagraph:
``(G) $10,000,000 for fiscal year 1999.''.
(2) Section 741 (42 U.S.C. 11450) is amended by striking out
``December 31, 1997'' and inserting in lieu thereof ``December 31,
1999''.

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Section 1001 of the Veterans' Benefits Improvements Act of 1994 (38
U.S.C. 7721 note) is amended--
(1) in subsection (a)(2)--
(A) by striking out ``and'' at the end of subparagraph (B);
(B) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following new subparagraphs:
``(D) evaluate the effectiveness of the programs of the
Department (including residential work-therapy programs, programs
combining outreach, community-based residential treatment, and
case-management, and contract care programs for alcohol and drug-
dependence or abuse disabilities) in providing assistance to
homeless veterans; and
``(E) evaluate the effectiveness of programs established by
recipients of grants under section 3 of the Homeless Veterans
Comprehensive Service Programs Act of 1992 (38 U.S.C. 7721 note),
and describe the experience of such recipients in applying for and
receiving grants from the Secretary of Housing and Urban
Development to serve primarily homeless persons who are
veterans.''; and
(2) by striking out subsection (b).

e5d70bcb826417847fc8693e65100ce994b8e0e656392dd010eba53514022ed1

DEPARTMENT OF VETERANS AFFAIRS REAL PROPERTY.
(a) Four-Year Extension of Authority.--Section 8169 is amended by
striking out ``December 31, 1997'' and inserting in lieu thereof
``December 31, 2001''.
(b) Repeal of Limitation on Number of Agreements.--(1) Section 8168
is repealed.
(2) The table of sections at the beginning of chapter 81 is amended
by striking out the item relating to section 8168.

08950bf2165ccf033aeb7623d6f2c5de7c3023f53f6329657c0c3ec707cde612

ALTERNATIVES TO NURSING HOME CARE.
(a) Permanent Authority.--Subsection (a) of section 1720C is
amended by striking out ``During'' and all that follows through
``furnishing of'' and inserting in lieu thereof ``The Secretary may
furnish''.
(b) Conforming Amendments.--(1) Subsections (b)(1) and (d) of such
section are amended by striking out ``pilot''.
(2) The heading for such section is amended to read as follows:
``Sec. 1720C. Noninstitutional alternatives to nursing home care''.
(3) The item relating to such section in the table of sections at
the beginning of chapter 17 is amended to read as follows:
``1720C. Noninstitutional alternatives to nursing home care.''.

7e1da54487e1d2aceb8a454f1762fd1bad6bc72820f1d38b323c2b65e5bbbcca

(a) Extension.--Section 7618 is amended by striking out ``December
31, 1997'' and inserting in lieu thereof ``December 31, 1998''.
(b) Submission of Overdue Report.--The Secretary of Veterans
Affairs shall submit to Congress not later than 180 days after the date
of the enactment of this Act the report evaluating the operation of the
health professional scholarship program required to be submitted not
later than March 31, 1997, under section 202(b) of Public Law 104-110
(110 Stat. 770).

292f6e36080fad9e4b2528a36c54fe4556c19c0eaa7f20132b8fefff41c5edc6

(a) In General.--(1) Subchapter II of chapter 73 is amended by
adding at the end the following new section:
``Sec. 7322. Breast cancer mammography policy
``(a) The Under Secretary for Health shall develop a national
policy for the Veterans Health Administration on mammography screening
for veterans.
``(b) The policy developed under subsection (a) shall--
``(1) specify standards of mammography screening;
``(2) provide recommendations with respect to screening, and
the frequency of screening, for--
``(A) women veterans who are over the age of 39; and
``(B) veterans, without regard to age, who have clinical
symptoms, risk factors, or family history of breast cancer; and
``(3) provide for clinician discretion.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7321 the
following new item:
``7322. Breast cancer mammography policy.''.
(b) Effective Date.--The Secretary of Veterans Affairs shall
develop the national policy on mammography screening required by
section 7322 of title 38, United States Code, as added by subsection
(a), and shall furnish such policy in a report to the Committees on
Veterans' Affairs of the Senate and House of Representatives, not later
than 60 days after the date of the enactment of this Act. Such policy
shall not take effect before the expiration of 30 days after the date
of its submission to those committees.
(c) Sense of Congress.--It is the sense of Congress that the policy
developed under section 7322 of title 38, United States Code, as added
by subsection (a), shall be in accordance with the guidelines endorsed
by the Secretary of Health and Human Services and the Director of the
National Institutes of Health.

342be9deabc06dbff347db2c10b9644f46964f52ebfaaccd74a4bfbd98cdcf32

(a) Criteria for Priority Health Care.--(1) Subsection (a)(2)(F) of
section 1710 is amended by striking out ``environmental hazard'' and
inserting in lieu thereof ``other conditions''.
(2) Subsection (e)(1)(C) of such section is amended--
(A) by striking out ``the Secretary finds may have been exposed
while serving'' and inserting in lieu thereof ``served'';
(B) by striking out ``to a toxic substance or environmental
hazard''; and
(C) by striking out ``exposure'' and inserting in lieu thereof
``service''.
(3) Subsection (e)(2)(B) of such section is amended by striking out
``an exposure'' and inserting in lieu thereof ``the service''.
(b) Demonstration Projects for Treatment of Persian Gulf Illness.--
(1) The Secretary of Veterans Affairs shall carry out a program of
demonstration projects to test new approaches to treating, and
improving the satisfaction with such treatment of, Persian Gulf
veterans who suffer from undiagnosed and ill-defined disabilities. The
program shall be established not later than July 1, 1998, and shall be
carried out at up to 10 geographically dispersed medical centers of the
Department of Veterans Affairs.
(2) At least one of each of the following models shall be used at
no less than two of the demonstration projects:
(A) A specialized clinic which serves Persian Gulf veterans.
(B) Multidisciplinary treatment aimed at managing symptoms.
(C) Use of case managers.
(3) A demonstration project under this subsection may be undertaken
in conjunction with another funding entity, including agreements under
section 8111 of title 38, United States Code.
(4) The Secretary shall make available from appropriated funds
(which have been retained for contingent funding) $5,000,000 to carry
out the demonstration projects.
(5) The Secretary may not approve a medical center as a location
for a demonstration project under this subsection unless a peer review
panel has determined that the proposal submitted by that medical center
is among those proposals that have met the highest competitive
standards of clinical merit and the Secretary has determined that the
facility has the ability to--
(A) attract the participation of clinicians of outstanding
caliber and innovation to the project; and
(B) effectively evaluate the activities of the project.
(6) In determining which medical centers to select as locations for
demonstration projects under this subsection, the Secretary shall give
special priority to medical centers that have demonstrated a capability
to compete successfully for extramural funding support for research
into the effectiveness and cost-effectiveness of the care provided
under the demonstration project.

999d2e3594e48be76672c758aa605977373ac8681431c1f56f6469d9a7728382

RESPONSE TO MEDICAL EMERGENCIES ARISING FROM THE TERRORIST USE OF
WEAPONS OF MASS DESTRUCTION.
(a) Report.--(1) Not later than March 1, 1998, the President shall
submit to Congress a report on the plans, preparations, and capability
of the Federal Government and State and local governments for a
national response to medical emergencies arising from the terrorist use
of weapons of mass destruction. The report shall be submitted in
unclassified form, but may include a classified annex.
(2) The report should be prepared in consultation with the
Secretary of Defense, the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, the Director of the Federal Emergency
Management Agency, and the head of any other department or agency of
the Federal Government that may be involved in responding to such
emergencies. The President shall designate a lead agency for purposes
of the preparation of the report.
(b) Contents.--The report shall include the following:
(1) A description of the steps taken by the Federal Government
to plan and prepare for a national response to medical emergencies
arising from the terrorist use of weapons of mass destruction.
(2) A description of the laws and agreements governing the
responsibilities of the various departments and agencies of the
Federal Government, and of State and local governments, for the
response to such emergencies, and an assessment of the
interrelationship of such responsibilities under such laws and
agreements.
(3) Recommendations, if any, for the simplification or
improvement of such responsibilities.
(4) An assessment of the current level of preparedness for such
response of all departments and agencies of the Federal Government
and State and local governments that are responsible for such
response.
(5) A current inventory of the existing medical assets from all
sources which can be made available for such response.
(6) Recommendations, if any, for the improved or enhanced use
of the resources of the Federal Government and State and local
governments for such response.
(7) The name of the official or office of the Federal
Government designated to coordinate the response of the Federal
Government to such emergencies.
(8) A description of the lines of authority between the
departments and agencies of the Federal Government to be involved
in the response of the Federal Government to such emergencies.
(9) A description of the roles of each department and agency of
the Federal Government to be involved in the preparations for, and
implementation of, the response of the Federal Government to such
emergencies.
(10) The estimated costs of each department and agency of the
Federal Government to prepare for and carry out its role as
described under paragraph (9).
(11) A description of the steps, if any, being taken to create
a funding mechanism for the response of the Federal Government to
such emergencies.

8ba7f307c48661c78c1f1a1a3fea844a2b81527ef5ea551a0dbac379837bae01

The Secretary of Veterans Affairs may carry out the following major
medical facility projects, with each project to be carried out in the
amount specified for that project:
(1) Seismic corrections at the Department of Veterans Affairs
medical center in Memphis, Tennessee, in an amount not to exceed
$34,600,000.
(2) Seismic corrections and clinical and other improvements to
the McClellan Hospital at Mather Field, Sacramento, California, in
an amount not to exceed $48,000,000, to be derived only from funds
appropriated for Construction, Major Projects, for a fiscal year
before fiscal year 1998 that remain available for obligation.
(3) Outpatient improvements at Mare Island, Vallejo,
California, and Martinez, California, in a total amount not to
exceed $7,000,000, to be derived only from funds appropriated for
Construction, Major Projects, for a fiscal year before fiscal year
1998 that remain available for obligation.

9b5de190e74d886faff504bc68007faba6cc8759d40883ff06641175d2c311e2

TITLE III

-MAJOR MEDICAL FACILITY PROJECTS CONSTRUCTION AUTHORIZATION

The Secretary of Veterans Affairs may enter into leases for medical
facilities as follows:
(1) Lease of an information management field office,
Birmingham, Alabama, in an amount not to exceed $595,000.
(2) Lease of a satellite outpatient clinic, Jacksonville,
Florida, in an amount not to exceed $3,095,000.
(3) Lease of a satellite outpatient clinic, Boston,
Massachusetts, in an amount not to exceed $5,215,000.
(4) Lease of a satellite outpatient clinic, Canton, Ohio, in an
amount not to exceed $2,115,000.
(5) Lease of a satellite outpatient clinic, Portland, Oregon,
in an amount not to exceed $1,919,000.
(6) Lease of a satellite outpatient clinic, Tulsa, Oklahoma, in
an amount not to exceed $2,112,000.
(7) Lease of an information resources management field office,
Salt Lake City, in an amount not to exceed $652,000.

80bb9170dcc4ca1723aa0750647eb601e660b5aff6263b3a94c40bd02bf2d114

(a) In General.--There are authorized to be appropriated to the
Secretary of Veterans Affairs for fiscal year 1998--
(1) for the Construction, Major Projects, account, $34,600,000
for the project authorized in section 301(1); and
(2) for the Medical Care account, $15,703,000 for the leases
authorized in section 302.
(b) Limitation.--The projects authorized in section 301 may only be
carried out using--
(1) funds appropriated for fiscal year 1998 pursuant to the
authorization of appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects for a
fiscal year before fiscal year 1998 that remain available for
obligation; and
(3) funds appropriated for Construction, Major Projects for
fiscal year 1998 for a category of activity not specific to a
project.

97fd4ac7662f9fcbf3b5409f461f841b3fabda5dd138092373b141d1411aba9d

(a) Plot Allowance for Deaths in Department Facilities.--Section
2303(a)(2)(A) is amended by striking out ``a Department facility (as
defined in section 1701(4) of this title)'' and inserting in lieu
thereof ``a facility of the Department (as defined in section 1701(3)
of this title)''.
(b) Educational Assistance Allowance for Certain Individuals
Pursuing Cooperative Programs.--Section 3015(e)(1) is amended--
(1) by striking out ``(1) Subject to paragraph (2)'' and
inserting in lieu thereof ``(1)(A) Except as provided in
subparagraph (B) of this paragraph and subject to paragraph (2)'';
and
(2) by adding at the end the following:
``(B) Notwithstanding subparagraph (A) of this paragraph, in the
case of an individual described in that subparagraph who is pursuing a
cooperative program on or after October 9, 1996, the rate of the basic
educational assistance allowance applicable to such individual under
this chapter shall be increased by the amount equal to one-half of the
educational assistance allowance that would be applicable to such
individual for pursuit of full-time institutional training under
chapter 34 (as of the time the assistance under this chapter is
provided and based on the rates in effect on December 31, 1989) if such
chapter were in effect.''.
(c) Eligibility of Certain VEAP Participants To Enroll in
Montgomery GI Bill.--Section 3018C(a) is amended--
(1) in paragraph (1), by striking out ``the date of the
enactment of the Veterans' Benefits Improvements Act of 1996'' and
inserting in lieu thereof ``October 9, 1996,'';
(2) in paragraph (4), by striking out ``during the one-year
period specified'' and inserting in lieu thereof ``after the date
on which the individual makes the election described''; and
(3) in paragraph (5), by striking out ``the date of the
enactment of the Veterans' Benefits Improvements Act of 1996'' and
inserting in lieu thereof ``October 9, 1996''.
(d) Enrollment in Open Circuit Television Courses.--Section
3680A(a)(4) is amended by inserting ``(including open circuit
television)'' after ``independent study program'' the second place it
appears.
(e) Enrollment in Certain Courses.--Section 3680A(g) is amended by
striking out ``subsections (e) and (f)'' and inserting in lieu thereof
``subsections (e) and (f)(1)''.
(f) Certain Benefits for Surviving Spouses.--Section 5310(b)(2) is
amended by striking out ``under this paragraph'' in the first sentence
and inserting in lieu thereof ``under paragraph (1)''.

085932a4a80cb474e9237293b05be525f7145c615ccd607e573ffa068ef824d5

(a) Eligibility for Hospital Care and Medical Services.--Section
1710(a)(2)(B) is amended by striking out ``compensable''.
(b) Home Health Services.--Section 1717(a) is amended--
(1) in paragraph (1), by striking out ``veteran's disability''
and inserting in lieu thereof ``veteran''; and
(2) in paragraph (2)(B), by striking out ``section 1710(a)(2)''
and inserting in lieu thereof ``section 1710(a)''.
(c) Authority To Transfer Veterans Receiving Outpatient Care to
Non-Department Nursing Homes.--Section 1720(a)(1)(A)(i) is amended by
striking out ``hospital care, nursing home care, or domiciliary care''
and inserting in lieu thereof ``care''.
(d) Acquisition of Commercial Health Care Resources.--Section
8153(a)(3)(A) is amended by inserting ``(including any Executive order,
circular, or other administrative policy)'' after ``law or
regulation''.
(e) Competition in Procurement of Commercial Health Care
Resources.--Section 8153(a)(3)(B)(ii) is amended in the second sentence
by inserting ``, as appropriate,'' after ``all responsible sources''.

46988286a521364bffdb55faa9ef3ec6ffe3a257fa49924eaf6ca4b0371b9b3c

The facility of the Department of Veterans Affairs in Columbia,
South Carolina, known as the Wm. Jennings Bryan Dorn Veterans' Hospital
shall hereafter be known and designated as the ``Wm. Jennings Bryan
Dorn Department of Veterans Affairs Medical Center''. Any reference to
that facility in any law, regulation, document, map, record, or other
paper of the United States shall be deemed to be a reference to the Wm.
Jennings Bryan Dorn Department of Veterans Affairs Medical Center.

c294b192683ca2dcdb1b643ba05079d0c33303c9ec3a7706f3ae27865655d089

VIETNAM VETERANS.
(a) Definitions.--The text of section 1801 is amended to read as
follows:
``For the purposes of this chapter--
``(1) The term `child', with respect to a Vietnam veteran,
means a natural child of a Vietnam veteran, regardless of age or
marital status, who was conceived after the date on which the
Vietnam veteran first entered the Republic of Vietnam during the
period beginning on January 9, 1962, and ending on May 7, 1975.
``(2) The term `Vietnam veteran' means an individual who
performed active military, naval, or air service in the Republic of
Vietnam during the period beginning on January 9, 1962, and ending
on May 7, 1975, without regard to the characterization of the
individual's service.''.
(b) Applicability of Certain Administrative Provisions.--(1)
Section 1806 is amended to read as follows:
``Sec. 1806. Applicability of certain administrative provisions
``The provisions of sections 5101(c), 5110(a), (b)(2), (g), and
(i), 5111, and 5112(a), (b)(1), (b)(6), (b)(9), and (b)(10) of this
title shall be deemed to apply to benefits under this chapter in the
same manner in which they apply to veterans' disability
compensation.''.
(2) The item relating to section 1806 in the table of sections at
the beginning of chapter 18 is amended to read as follows:
``1806. Applicability of certain administrative provisions.''.
(c) Amendments to Vocational Rehabilitation Provisions.--Section
1804 is amended--
(1) in subsection (b), by striking out ``shall be designed''
and all that follows and inserting in lieu thereof the following:
``shall--
``(1) be designed in consultation with the child in order to
meet the child's individual needs;
``(2) be set forth in an individualized written plan of
vocational rehabilitation; and
``(3) be designed and developed before the date specified in
subsection (d)(3) so as to permit the beginning of the program as
of the date specified in that subsection.'';
(2) in subsection (c)(1)(B), by striking out ``institution of
higher education'' and inserting in lieu thereof ``institution of
higher learning''; and
(3) by adding at the end of subsection (d) the following new
paragraph:
``(3) A vocational training program under this section may begin on
the child's 18th birthday, or on the successful completion of the
child's secondary schooling, whichever first occurs, except that, if
the child is above the age of compulsory school attendance under
applicable State law and the Secretary determines that the child's best
interests will be served thereby, the vocational training program may
begin before the child's 18th birthday.''.
(d) Effective Date.--The amendments made by this section shall take
effect as of October 1, 1997.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

59ac71f62ca00b1a22142c98e84af3fdc442bb1ca223108f49ee9b4276f5f76e

Veterans' Benefits Act of 1997

Other Sections

TITLE I

TITLE II

TITLE IV

TITLE III

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