[105th Congress Public Law 114]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ114.105]
[[Page 111 STAT. 2277]]
Public Law 105-114
105th Congress
An Act
To amend title 38, United States Code, to revise, extend, and improve
programs for veterans. <<NOTE: Nov. 21, 1997 - [S. 714]>>
<<NOTE: Veterans' Benefits Act of 1997.>> Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
<<NOTE: 38 USC 101 note.>> (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:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--EQUAL EMPLOYMENT OPPORTUNITY PROCESS IN THE DEPARTMENT OF
VETERANS AFFAIRS
Sec. 101. Equal employment responsibilities.
Sec. 102. Discrimination complaint adjudication authority.
Sec. 103. Assessment and review of Department of Veterans Affairs
employment discrimination complaint resolution system.
TITLE II--EXTENSION AND IMPROVEMENT OF AUTHORITIES
Sec. 201. Native American Veteran Housing Loan Program.
Sec. 202. Treatment and rehabilitation for seriously mentally ill and
homeless veterans.
Sec. 203. Extension of certain authorities relating to homeless
veterans.
Sec. 204. Annual report on assistance to homeless veterans.
Sec. 205. Expansion of authority for enhanced-use leases of Department
of Veterans Affairs real property.
Sec. 206. Permanent authority to furnish noninstitutional alternatives
to nursing home care.
Sec. 207. Extension of Health Professional Scholarship Program.
Sec. 208. Policy on breast cancer mammography.
Sec. 209. Persian Gulf War veterans.
Sec. 210. Presidential report on preparations for a national response to
medical emergencies arising from the terrorist use of weapons
of mass destruction.
TITLE III--MAJOR MEDICAL FACILITY PROJECTS CONSTRUCTION AUTHORIZATION
Sec. 301. Authorization of major medical facility projects.
Sec. 302. Authorization of major medical facility leases.
Sec. 303. Authorization of appropriations.
TITLE IV--TECHNICAL AND CLARIFYING AMENDMENTS
Sec. 401. Technical amendments.
Sec. 402. Clarification of certain health care authorities.
Sec. 403. Correction of name of medical center.
Sec. 404. Improvement to spina bifida benefits for children of Vietnam
veterans.
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
[[Page 111 STAT. 2278]]
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--EQUAL EMPLOYMENT OPPORTUNITY PROCESS IN THE DEPARTMENT OF
VETERANS AFFAIRS
SEC. 101. EQUAL EMPLOYMENT RESPONSIBILITIES.
(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.
[[Page 111 STAT. 2279]]
``(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.''.
<<NOTE: 38 USC 516 note.>> (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
[[Page 111 STAT. 2280]]
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.
<<NOTE: 38 USC 516 note.>> (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.
SEC. 102. DISCRIMINATION COMPLAINT ADJUDICATION AUTHORITY.
(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.
[[Page 111 STAT. 2281]]
``(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.''.
<<NOTE: 38 USC 319 note.>> (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.
<<NOTE: 38 USC 319 note.>> (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.
<<NOTE: 38 USC 516 note.>> SEC. 103. ASSESSMENT AND REVIEW OF
DEPARTMENT OF VETERANS AFFAIRS 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
[[Page 111 STAT. 2282]]
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.
TITLE II--EXTENSION AND IMPROVEMENT OF AUTHORITIES
SEC. 201. NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM.
(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:
[[Page 111 STAT. 2283]]
``(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--
[[Page 111 STAT. 2284]]
``(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.''.
SEC. 202. TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL
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.
<<NOTE: Expiration date.>> ``(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
[[Page 111 STAT. 2285]]
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
[[Page 111 STAT. 2286]]
``(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.
<<NOTE: Termination date.>> ``(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.
[[Page 111 STAT. 2287]]
``(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:
[[Page 111 STAT. 2288]]
``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.''.
SEC. 203. EXTENSION OF CERTAIN AUTHORITIES RELATING TO HOMELESS
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''.
SEC. 204. ANNUAL REPORT ON ASSISTANCE TO HOMELESS VETERANS.
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).
SEC. 205. EXPANSION OF AUTHORITY FOR ENHANCED-USE LEASES OF
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.
[[Page 111 STAT. 2289]]
(2) The table of sections at the beginning of chapter 81 is amended
by striking out the item relating to section 8168.
SEC. 206. PERMANENT AUTHORITY TO FURNISH NONINSTITUTIONAL
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.''.
SEC. 207. EXTENSION OF HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM.
(a) Extension.--Section 7618 is amended by striking out ``December
31, 1997'' and inserting in lieu thereof ``December 31, 1998''.
<<NOTE: 38 USC 7611 note.>> (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).
SEC. 208. POLICY ON BREAST CANCER MAMMOGRAPHY.
(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.''.
<<NOTE: 38 USC 7322 note.>> (b) Effective Date.--The Secretary of
Veterans Affairs shall develop the national policy on mammography
screening required
[[Page 111 STAT. 2290]]
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.
<<NOTE: 38 USC 7322 note.>> (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.
SEC. 209. PERSIAN GULF WAR VETERANS.
(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''.
<<NOTE: 38 USC 1710 note.>> (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
[[Page 111 STAT. 2291]]
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.
SEC. 210. PRESIDENTIAL REPORT ON PREPARATIONS FOR A NATIONAL
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.
[[Page 111 STAT. 2292]]
(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.
TITLE III--MAJOR MEDICAL FACILITY PROJECTS CONSTRUCTION AUTHORIZATION
SEC. 301. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
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.
SEC. 302. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
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.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
(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.
[[Page 111 STAT. 2293]]
(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.
TITLE IV--TECHNICAL AND CLARIFYING AMENDMENTS
SEC. 401. TECHNICAL AMENDMENTS.
(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)''.
[[Page 111 STAT. 2294]]
(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)''.
SEC. 402. CLARIFICATION OF CERTAIN HEALTH CARE AUTHORITIES.
(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''.
SEC. 403. CORRECTION OF NAME OF MEDICAL CENTER.
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.
SEC. 404. IMPROVEMENT TO SPINA BIFIDA BENEFITS FOR CHILDREN OF
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
[[Page 111 STAT. 2295]]
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.''.
<<NOTE: 38 USC 1801 note.>> (d) Effective Date.--The amendments
made by this section shall take effect as of October 1, 1997.
Approved November 21, 1997.
LEGISLATIVE HISTORY--S. 714:
---------------------------------------------------------------------------
SENATE REPORTS: No. 105-123 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Nov. 5, considered and passed Senate.
Nov. 9, considered and passed House, amended.
Nov. 10, Senate concurred in House amendments.
<all>