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H.Res. 592 (eh) ...


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105th CONGRESS
  2d Session
H. RES. 592

   Providing for the concurrence by the House with amendments in the 
                     Senate amendment to H.R. 4110.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 1998

Mr. Stump submitted the following resolution; which was considered and 
                               agreed to

_______________________________________________________________________

                               RESOLUTION


 
   Providing for the concurrence by the House with amendments in the 
                     Senate amendment to H.R. 4110.

    Resolved, That upon the adoption of this resolution the House shall 
be considered to have taken from the Speaker's table the bill H.R. 
4110, with the amendment of the Senate thereto, and to have concurred 
in the amendment of the Senate with the following amendments:
            (1) Amend the title so as to read: ``An Act to amend title 
        38, United States Code, to improve benefits and services 
        provided to Persian Gulf War veterans, to provide a cost-of-
        living adjustment in rates of compensation paid to veterans 
        with service-connected disabilities, to enhance programs 
        providing health care, compensation, education, insurance, and 
        other benefits for veterans, and for other purposes.
            (2) In lieu of the matter proposed to be inserted by the 
        amendment of the Senate, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Programs 
Enhancement Act of 1998''.
    (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--PROVISIONS RELATING TO VETERANS OF PERSIAN GULF WAR AND FUTURE 
                               CONFLICTS

Sec. 101. Agreement with National Academy of Sciences regarding 
                            evaluation of health consequences of 
                            service in Southwest Asia during the 
                            Persian Gulf War.
Sec. 102. Health care for veterans of Persian Gulf War and future 
                            conflicts.
Sec. 103. National center on war-related illnesses and post-deployment 
                            health issues.
Sec. 104. Coordination of activities.
Sec. 105. Improving effectiveness of care of Persian Gulf War veterans.
Sec. 106. Contract for independent recommendations on research and for 
                            development of curriculum on care of 
                            Persian Gulf War veterans.
Sec. 107. Extension and improvement of evaluation of health status of 
                            spouses and children of Persian Gulf War 
                            veterans.
                   TITLE II--EDUCATION AND EMPLOYMENT

                     Subtitle A--Education Matters

Sec. 201. Calculation of reporting fee based on total veteran 
                            enrollment during a calendar year.
Sec. 202. Election of advance payment of work-study allowance.
Sec. 203. Alternative to twelve semester hour equivalency requirement.
Sec. 204. Medical evidence for flight training requirements.
Sec. 205. Waiver of wage increase and minimum payment rate requirements 
                            for government job training program 
                            approval.
Sec. 206. Expansion of education outreach services.
Sec. 207. Information on minimum requirements for education benefits 
                            for members of the Armed Forces discharged 
                            early from duty for the convenience of the 
                            Government.
 Subtitle B--Uniformed Services Employment and Reemployment Rights Act 
                               Amendments

Sec. 211. Enforcement of rights with respect to a State as an employer.
Sec. 212. Protection of extraterritorial employment and reemployment 
                            rights of members of the uniformed 
                            services.
Sec. 213. Complaints relating to reemployment of members of the 
                            uniformed services in Federal service.
            TITLE III--COMPENSATION, PENSION, AND INSURANCE

Sec. 301. Medal of Honor special pension.
Sec. 302. Accelerated death benefit for Servicemembers' Group Life 
                            Insurance and Veterans' Group Life 
                            Insurance participants.
Sec. 303. Assessment of effectiveness of insurance and survivor 
                            benefits programs for survivors of veterans 
                            with service-connected disabilities.
Sec. 304. National Service Life Insurance program.
                       TITLE IV--MEMORIAL AFFAIRS

Sec. 401. Commemoration of individuals whose remains are unavailable 
                            for interment.
Sec. 402. Merchant mariner burial and cemetery benefits.
Sec. 403. Redesignation of National Cemetery System and establishment 
                            of Under Secretary for Memorial Affairs.
Sec. 404. State cemetery grants program.
                   TITLE V--COURT OF VETERANS APPEALS

      Subtitle A--Administrative Provisions Relating to the Court

Sec. 501. Continuation in office of judges pending confirmation for 
                            second term.
Sec. 502. Exemption of retirement fund from sequestration orders.
Sec. 503. Adjustments for survivor annuities.
Sec. 504. Reports on retirement program modifications.
                     Subtitle B--Renaming of Court

Sec. 511. Renaming of the Court of Veterans Appeals.
Sec. 512. Conforming amendments.
Sec. 513. Effective date.
                           TITLE VI--HOUSING

Sec. 601. Loan guarantee for multifamily transitional housing for 
                            homeless veterans.
Sec. 602. Veterans housing benefit program fund account consolidation.
Sec. 603. Extension of eligibility of members of Selected Reserve for 
                            veterans housing loans.
Sec. 604. Applicability of procurement law to certain contracts of 
                            department of veterans affairs.
             TITLE VII--CONSTRUCTION AND FACILITIES MATTERS

Sec. 701. Authorization of major medical facility projects.
Sec. 702. Authorization of major medical facility leases.
Sec. 703. Authorization of appropriations.
Sec. 704. Increase in threshold for major medical facility leases for 
                            purposes of congressional authorization.
Sec. 705. Threshold for treatment of parking facility project as a 
                            major medical facility project.
Sec. 706. Parking fees.
Sec. 707. Master plan regarding use of Department of Veterans Affairs 
                            lands at West Los Angeles Medical Center, 
                            California.
Sec. 708. Designation of Department of Veterans Affairs Medical Center, 
                            Aspinwall, Pennsylvania.
Sec. 709. Designation of Department of Veterans Affairs Medical Center, 
                            Gainesville, Florida.
Sec. 710. Designation of Department of Veterans Affairs outpatient 
                            clinic, Columbus, Ohio.
        TITLE VIII--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE

Sec. 801. Short title.
Sec. 802. Scholarship program for Department of Veterans Affairs 
                            employees receiving education or training 
                            in the health professions.
Sec. 803. Education debt reduction program for Veterans Health 
                            Administration health professionals.
Sec. 804. Repeal of prohibition on payment of tuition loans.
Sec. 805. Conforming amendments.
Sec. 806. Coordination with appropriations provision.
    TITLE IX--MISCELLANEOUS MEDICAL CARE AND MEDICAL ADMINISTRATION 
                               PROVISIONS

Sec. 901. Examinations and care associated with certain radiation 
                            treatment.
Sec. 902. Extension of authority to counsel and treat veterans for 
                            sexual trauma.
Sec. 903. Management of specialized treatment and rehabilitative 
                            programs.
Sec. 904. Authority to use for operating expenses of Department of 
                            Veterans Affairs medical facilities amounts 
                            available by reason of the limitation on 
                            pension for veterans receiving nursing home 
                            care.
Sec. 905. Report on nurse locality pay.
Sec. 906. Annual report on program and expenditures of Department of 
                            Veterans Affairs for domestic response to 
                            weapons of mass destruction.
Sec. 907. Interim appointment of Under Secretary for Health.
                         TITLE X--OTHER MATTERS

Sec. 1001. Requirement for naming of Department property.
Sec. 1002. Members of the Board of Veterans' Appeals.
Sec. 1003. Flexibility in docketing and hearing of appeals by Board of 
                            Veterans' Appeals.
Sec. 1004. Disabled veterans outreach program specialists.
Sec. 1005. Technical amendments.
            TITLE XI--COMPENSATION COST-OF-LIVING ADJUSTMENT

Sec. 1101. Increase in rates of disability compensation and dependency 
                            and indemnity compensation.
Sec. 1102. Publication of adjusted rates.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

TITLE I--PROVISIONS RELATING TO VETERANS OF PERSIAN GULF WAR AND FUTURE 
                               CONFLICTS

SEC. 101. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES REGARDING 
              EVALUATION OF HEALTH CONSEQUENCES OF SERVICE IN SOUTHWEST 
              ASIA DURING THE PERSIAN GULF WAR.

    (a) Purpose.--The purpose of this section is to provide for the 
National Academy of Sciences, an independent nonprofit scientific 
organization with appropriate expertise which is not a part of the 
Federal Government, to review and evaluate the available scientific 
evidence regarding associations between illness and service in the 
Persian Gulf War.
    (b) Agreement.--(1) The Secretary of Veterans Affairs shall seek to 
enter into an agreement with the National Academy of Sciences for the 
Academy to perform the activities covered by this section. The 
Secretary shall seek to enter into the agreement not later than two 
months after the date of the enactment of this Act.
    (2)(A) If the Secretary is unable within the time period set forth 
in paragraph (1) to enter into an agreement with the Academy for the 
purposes of this section on terms acceptable to the Secretary, the 
Secretary shall seek to enter into an agreement for purposes of this 
section with another appropriate scientific organization that is not 
part of the Government, operates as a not-for-profit entity, and has 
expertise and objectivity comparable to that of the Academy.
    (B) If the Secretary enters into an agreement with another 
organization under this paragraph, any reference in this section to the 
National Academy of Sciences shall be treated as a reference to such 
other organization.
    (c) Review of Scientific Evidence.--(1) Under the agreement under 
subsection (b), the National Academy of Sciences shall conduct a 
comprehensive review and evaluation of the available scientific and 
medical information regarding the health status of Gulf War veterans 
and the health consequences of exposures to risk factors during service 
in the Persian Gulf War. In conducting such review and evaluation, the 
Academy shall--
            (A) identify the biological, chemical, or other toxic 
        agents, environmental or wartime hazards, or preventive 
        medicines or vaccines (including the agents specified in 
        subsection (d)(1)) to which members of the Armed Forces who 
        served in the Southwest Asia theater of operations during the 
        Persian Gulf War may have been exposed by reason of such 
        service;
            (B) identify the illnesses associated with the agents, 
        hazards, or medicines or vaccines identified under subparagraph 
        (A); and
            (C) identify the illnesses (including diagnosed illnesses 
        and undiagnosed illnesses) for which there is scientific 
        evidence of a higher prevalence among populations of Gulf War 
        veterans when compared with other appropriate populations of 
        individuals.
    (2) In identifying illnesses under subparagraphs (B) and (C) of 
paragraph (1), the Academy shall review and summarize the relevant 
scientific evidence regarding illnesses, including symptoms, adverse 
reproductive health outcomes, and mortality, among the members 
described in paragraph (1)(A) and among other appropriate populations 
of individuals.
    (3) In conducting the review and evaluation under paragraph (1), 
the Academy shall, for each illness identified under subparagraph (B) 
or (C) of that paragraph, assess the latency period, if any, between 
service or exposure to any potential risk factor (including an agent, 
hazard, or medicine or vaccine identified under subparagraph (A) of 
that paragraph) and the manifestation of such illness.
    (d) Specified Agents.--(1) In identifying under subsection 
(c)(1)(A) the agents, hazards, or preventive medicines or vaccines to 
which members of the Armed Forces may have been exposed, the National 
Academy of Sciences shall consider the following:
            (A) The following organophosphorous pesticides:
                    (i) Chlorpyrifos.
                    (ii) Diazinon.
                    (iii) Dichlorvos.
                    (iv) Malathion.
            (B) The following carbamate pesticides:
                    (i) Proxpur.
                    (ii) Carbaryl.
                    (iii) Methomyl.
            (C) The carbamate pyridostigmine bromide used as nerve 
        agent prophylaxis.
            (D) The following chlorinated hydrocarbons and other 
        pesticides and repellents:
                    (i) Lindane.
                    (ii) Pyrethrins.
                    (iii) Permethrins.
                    (iv) Rodenticides (bait).
                    (v) Repellent (DEET).
            (E) The following low-level nerve agents and precursor 

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