SEC. 602. REESTABLISHMENT OF THE ADVISORY COMMITTEE ON NATIVE AMERICAN VETERANS.

(a) ESTABLISHMENT.-Effective October 1, 1989, the Advisory Committee on NativeAmerican Veterans established by section 19032 of the Veterans' Health-Care Amendments of 1986 (title XIX of Public Law 99-272; 100 Stat. 388) is reestablished. (b) INCORPORATION of ProviISIONS OF PRIOR LAW.-Subsections (b) through (e) and (g) of section 19032 of the Veterans' Health-Care Amendments of 1986 shall apply to the Advisory Committee on Native-American Veterans reestablished by subsection (a).

(c) REPORTS.-(1) Not later than March 31, 1990, and March 31, 1991, the Committee shall submit to the Secretary of Veterans Affairs a report containing the findings and any recommendations of the Committee regarding the matters described in section 19032(b) of the Veterans' Health-Care Amendments of 1986, and the matters described in section 603 of this Act, that were examined and evaluated by the Committee during the fiscal year preceding the fiscal year in which the report is submitted.

(2) Not later than 60 days after receiving each such report, the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a copy of the report, together with any comments and recommendations concerning the report that the Secretary considers appropriate.

(d) TERMINATION.-The Committee shall terminate 90 days after the date on which the second report is transmitted by the Committee pursuant to subsection (c).

SEC. 603. STUDY OF HOME LOANS TO NATIVE-AMERICAN VETERANS.

(a) STUDY REQUIRED.-The Secretary of Veterans Affairs shall conduct a study to determine the following:

(1) The extent to which veterans who are Native Americans living on NativeAmerican trust lands participate in the Department of Veterans Affairs home loan guaranty program under chapter 37 of title 38, United States Code.

(2) Whether the level of participation of such veterans in such program is lower than the level of participation of all veterans and, if so the reasons for the lower level of participation, including any reasons relating to the structure of the home loan guaranty program, cultural factors, and attitudinal factors.

(3) What, if any, legislative, regulatory, and administrative actions are necessary to improve the access of the veterans referred to in paragraph (1) to benefits under chapter 37 of title 38, United States Code.

(4) Whether it would be desirable, feasible, and equitable to utilize the direct home loan authority under section 1811 of title 38, United States Code, to promote increased home ownership among such veterans.

(b) CONSIDERATIONS.—In conducting the study, the Secretary shall consider—

(1) the concerns and recommendations of the Advisory Committee on NativeAmerican Veterans contained in the reports submitted by that committee pursuant to section 19032(f) of the Veterans' Health-Care Amendments of 1986 (title XIX of Public Law 99-272; 100 Stat. 388); and

(2) the experience of the Bureau of Indian Affairs and the Department of Housing and Urban Development in developing and carrying out programs designed to meet the home financing needs of Native Americans.

(c) REPORT.-Not later than March 1, 1990, the Secretary shall transmit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the results of the study conducted under subsection (a).

(d) DEFINITIONS.-For the purposes of this section

(1) the term "Native-American trust land" means any land that—

(A) is held in trust by the United States for Native Americans;

(B) is subject to restrictions on alienation imposed by the United States on Indian lands;

(C) is owned by a Regional Corporation or a village corporation, as such terms are defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); or

(D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary of Veterans Affairs; and

(2) the term "Native American" means

(A) an Indian, as defined in section 4(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(a));

(B) a Native Hawaiian, as defined in section 8 of the Native Hawaiian Health Care Act of 1988 (Public Law 100-579; 102 Stat. 2921);

(C) an Alaska Native, within the meaning provided for the term "Native" in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); and

(D) a Pacific Islander, within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.).

SEC. 701. SECURITY SERVICES.

TITLE VII-MISCELLANEOUS

(a) SECURITY AND LAW ENFORCEMENT FUNCTIONS.-Section 218 is amended by adding at the end the following new subsection:

"(f) The Secretary may not delegate the functional and technical supervision of the performance of security and law enforcement functions under this section to any official outside the Office of the Secretary.”.

(b) REPORT ON SECURITY AND LAW ENFORCEMENT MATTERS.-Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing

(1) the Secretary's plan for improving the training, recruitment, retention, and pay of security and law enforcement personnel of the Department of Veterans Affairs; and

(2) the Secretary's assessment of

(A) the need, after considering potential alternatives, for establishing a policy on the issuance of weapons to such personnel assigned to medical centers of the Department located in high-crime areas and the use of weapons by such personnel;

(B) various options available to the Secretary for providing improved protection for such personnel assigned to medical centers referred to in subclause (A);

(C) various options available to the Secretary for providing improved protection for such personnel assigned to medical centers of the Department not located in high-crime areas;

(D) the adequacy of the number and deployment of security and law enforcement personnel at each of the Department medical centers.

SEC. 702. EXPANSION OF MULTIYEAR PROCUREMENT AUTHORITY TO INCLUDE NON-MEDICAL ITEMS.

(a) IN GENERAL.-Section 114 is amended

(1) by striking out the heading and inserting in lieu thereof the following:

"§ 114. Multiyear procurement";

(2) in subsection (a), by striking out "for use in Veterans' Administration health-care facilities";

(3) in subsection (b)(2)(A), by striking out "health-care"; and

(4) in subsection (e)—

(A) by striking out paragraph (2); and

(B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(b) CLERICAL Amendment.—The table of sections at the beginning of chapter 1 is amended by striking out the item relating to section 114 and inserting in lieu thereof the following:

"114. Multiyear procurement.".

SEC. 703. NOTICE OF PROCEDURAL RIGHTS AND OTHER INFORMATION.

(a) IN GENERAL.-Chapter 71 of title 38, United States Code, is amended by adding at the end the following new section:

"§ 4011. Notice of procedural rights and other information

"(a) In the case of a claim for benefits under laws administered by the Department of Veterans Affairs, the Secretary, as to proceedings other than proceedings before the Board, or the Chairman of the Board, as to proceedings before the Board, shall, at each procedural stage relating to the disposition of such a claim, beginning with the decision after an initial review or determination, and including the furnishing of a statement of the case and the making of a final decision by the Board, provide to the claimant and such claimant's authorized representative, if any, written notice of the procedural rights of the claimant and the rationale for the decision, including a summary of the evidence (or lack of evidence) supporting the decision.

"(b) The notice required by subsection (a) of this section shall be on such forms as the Secretary or the Chairman, respectively, shall prescribe and shall include, in easily understandable language, with respect to proceedings before the Department of Veterans Affairs the following:

"(1) Descriptions of all subsequent procedural stages provided for by statute, regulation, or Department of Veterans Affairs policy.

(2) Descriptions of all rights of the claimant expressly provided for in or pursuant to this chapter, of the claimant's rights to a hearing, to reconsideration, to appeal, and to representation, and of any specific procedures necessary to obtain the various forms of review available for consideration of the claim.

"(3) In the case of an appeal to the Board, the opportunity for a hearing before a traveling section of the Board.

"(4) Such other information as the Secretary or the Chairman of the Board, respectively, as a matter of discretion, determines would be useful and practical to assist the claimant in obtaining full consideration of the claim.".

(b) The table of sections at the beginning of chapter 71 is amended by adding at the end thereof the following new item:

"4011. Notice of procedural rights and other information.".

SEC. 704. USE OF INTERNAL REVENUE SERVICE AND SOCIAL SECURITY ADMINISTRATION DATA FOR INCOME VERIFICATION.

(a) DISCLOSURE OF RETURN INFORMATION.-Paragraph (7)(D) of section 6103(1) of the Internal Revenue Code of 1986 is amended

(1) by striking out "and" at the end of clause (vi);

(2) by striking out the period at the end of clause (vii) and inserting in lieu thereof "; and";

(3) by adding at the end the following new clause:

(viii)(I) any needs-based pension provided under chapter 15 of title 38, United States Code, or any other law administered by the Department of Veterans Affairs;

"(II) parents' dependency and indemnity compensation provided under section 415 of title 38, United States Code;

"(III) health-care services furnished under sections 610(a) (1)(I) and (2)(A), 610(b), and 612(a)(2)(B) of title 38, United States Code; and

"(IV) compensation pursuant to a rating of total disability awarded by reason of inability to secure or follow a substantially gainful occupation as a result of a service-connected disability, or service-connected disabilities, not rated as total; except that, in such cases, only wage and self-employment information may be disclosed."; and

(4) by inserting before the period at the end of the heading "or to the Department of Veterans Affairs".

(b) PROTECTION AGAINST IMPROPER USE OF RETURN INFORMATION.-(1) Chapter 53 of title 38, United States Code, is amended by adding at the end the following new section:

"§ 3117. Protection of benefit applicants and recipients from improper use of certain information

"(a)(1) In order to protect applicants for and recipients of the benefits and services described in paragraph (2) of this subsection from the improper use of information obtained from the Commissioner of Social Security or the Secretary of the Treasury under section 6103(1)(7)(D)(viii) of the Internal Revenue Code of 1986 (26 U.S.Č. 6103(1)(7)(D)(viii)), the Secretary may not terminate, deny, suspend, or reduce any such benefits or services of an individual until the Secretary has complied with the requirements in section 1137(c) of the Social Security Act (42 U.S.C. 1320b-7(c)), and such requirements shall be fully applicable in the case of such benefits and services. "(2) The benefits and services described in this paragraph are

"(A) needs-based pension benefits provided under chapter 15 of this title or under any other law administered by the Department of Veterans Affairs;

"(B) parents' dependency and indemnity compensation provided under section 415 of this title;

"(C) health-care services furnished under sections 610(a) (1)I) and (2)A), 610(b), and 612(a)(2)(B) of this title; and

"(D) compensation pursuant to a rating of total disability awarded by reason of inability to secure or follow a substantially gainful occupation as a result of a service-connected disability, or service-connected disabilities, not rated as total. "(b) In the case of compensation described in subsection (a)(2)(D) of this section, the Secretary may independently verify or otherwise act upon wage or self-employ

ment data referred to in subsection (a) of this section only if the Secretary finds that the amount and duration of the earnings reported therein clearly indicate that the individual may no longer be qualified for a rating of total disability.".

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3116 the following new item:

"3117. Protection of benefit applicants and recipients from improper use of certain information.".

(c) INITIAL NOTIFICATION OF INCOME VERIFICATION.-Not later than 90 days after the date of the enactment of this Act and prior to obtaining information from the Commissioner of Social Security or the Secretary of the Treasury under section 6103(1)(7)(D)(viii) of the Internal Revenue Code of 1986, the Secretary of Veterans Affairs shall notify applicants for and recipients of the benefits described in subsection (a)2) (A), (B), and (D) of section 3117 of title 38, United States Code (as added by subsection (b)), that income information furnished by such applicants and recipients may be compared with information obtained from the Commissioner of Social Security or the Secretary of the Treasury under section 6103(1)(7)(D)(viii) of the Internal Revenue Code of 1986. Thereafter, the Secretary shall notify all new applicants for such benefits and for services described under subsection (a)(2)(C) of such section 3117 that income information furnished by them may be so compared and shall periodically renotify all recipients of such benefits and services.

(d) PAYMENT OF ADMINISTRATIVE COSTS.-The costs incurred by the Secretary in obtaining, verifying, and using information disclosed pursuant to the amendments made by subsection (a) shall be paid for out of the Department of Veterans Affairs compensation and pension account, and amounts collected as a result of such actions shall be paid into such account.

SEC. 705. COURT OF VETERANS APPEALS.

(a) EXCLUSIVE JURISDICTION.-) -Notwithstanding section 402 of the Veterans' Judicial Review Act and section 4052(a) of title 38, United States Code, the jurisdiction of the Court of Veterans Appeals to review decisions of the Board of Veterans' Appeals with respect to a matter covered by sections 775 and 784 of such title or a matter arising under chapter 37 of such title shall not be exclusive in cases in which a notice of disagreement is filed under section 4004 of such title before the end of the 30-day period beginning on the date of the enactment of this Act.

(b) JUDICIAL PERSONNEL FINANCIAL DISCLOSure RequireMENTS.-(1) Section 308 of the Ethics in Government Act of 1978 (28 U.S.C. App. 308) is amended

(A) in clause (9), and inserting "United States Court of Veterans Appeals;" after "Appeals;"; and

(B) in clause (10)—

(i) by striking out "or" the first place it appears; and

(ii) by inserting a comma and "or of the United States Court of Veterans Appeals" after "Appeals".

(2) Not later than 30 days after the date of the enactment of this Act, each person who, on that date, is a judge of the United States Court of Veterans Appeals or a judicial employee of such court and each person who, before that date, has been nominated by the President to be a judge on such court shall file a report containing the information described in section 302(b) of the Ethics in Government Act of 1978 (28 U.S.C. App. 302(b)). Subsections (e), (f), and (g) of section 302 of such Act shall apply to the requirement in the preceding sentence.

The amendment is as follows:

Strike out all after the enacting clause as follows:

INTRODUCTION

BILLS

On January 25, 1989, S. 13 was introduced by the Chairman of the Committee, Senator Alan Cranston. Joining later as cosponsors were Committee Members Spark M. Matsunaga, Dennis DeConcini, John D. Rockefeller IV, George J. Mitchell, and Bob Graham, and Senators Quentin N. Burdick, John F. Kerry, and Jeff Bingaman. As introduced, S. 13 would have (1) provided, effective, December 1, 1989, for a cost of living adjustment (COLA), equivalent to and effective on the same date as the COLA which will be provided for Social Security benefits in VA compensation paid to veterans with service-connected disabilities and in disability and indemnity compensation (DIC) paid to certain survivors of such veterans; (2) provided, effective January 1, 1990, a 13.8-percent COLA in (a) the allowances paid to certain service-connected disabled veterans dependents or survivors pursuing educational programs under chapter 35 of title 38, and (b) the allowances paid to service-connected disabled veterans participating in programs of rehabilitation under chapter 31 of title 38; (3) expanded the annual clothing allowance provided to veterans so as to include cases in which veterans with service-connected skin conditions use medications which stain their clothing; (4) provided that monthly pension payments to hospitalized veterans with no dependents could not be reduced until the veteran has been hospitalized for 8 months-with extensions authorized, for no more than two 2-month periods, if the Chief Medical Director (CMD) determines that the veteran is likely to be released in a reasonable period of time-and raised the limit on such reduced pension payments from $60 to $105; (5) extended the veterans readjustment appointment authority for Civil Service appointments for two years, through December 31, 1991, for Vietnam-era veterans who (a) have a service-connected disability, or (b) served in the Vietnam theater of operations; (6) expanded VA's multiyear procurement authority to include the purchase of non-health-care supplies and services; (7) required VA to furnish post-traumatic stress disorder (PTSD) treatment to a veteran who served in a theater of combat operations and whom a VA mental health professional has diagnosed as suffering from service-related PTSD; (8) mandated that the VA's Special Committee on Post-Traumatic Stress Disorder submit concurrently to VA and the Congressional Veterans' Affairs Committees three further reports by February 1, 1992; (9) required VA to carry out a study of post-war psychological problems among certain groups of minority veterans; (10) required VA to submit, as part of its annual budget documents, detailed information on funds that are estimated to be spent for various PTSD-related VA efforts; (11) required VA to furnish services to a veteran or veteran's spouse to achieve pregnancy in cases in which the veteran's service-connected disability impairs procreative ability; (12) modified the existing authority pursuant to which compensated work therapy (CWT) programs are carried out in VA so as to (a) allow such programs to contract with government entities, including VA, as well as with private industry sources specified in current law, for the work that the participating patients do, and (b)