PUBLIC LAW 107–135—JAN. 23, 2002

DEPARTMENT OF VETERANS AFFAIRS

HEALTH CARE PROGRAMS ENHANCEMENT

ACT OF 2001

115 STAT. 2446 PUBLIC LAW 107–135—JAN. 23, 2002

Public Law 107–135

107th Congress

An Act

To amend title 38, United States Code, to enhance the authority of the Secretary

of Veterans Affairs to recruit and retain qualified nurses for the Veterans Health

Administration, to provide an additional basis for establishing the inability of

veterans to defray expenses of necessary medical care, to enhance certain health

care programs of the Department of Veterans Affairs, and for other purposes.

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.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Department

of Veterans Affairs Health Care Programs Enhancement Act of

2001’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 38, United States Code.

TITLE I—ENHANCEMENT OF NURSE RECRUITMENT AND RETENTION

AUTHORITIES

Subtitle A—Recruitment Authorities

Sec. 101. Enhancement of employee incentive scholarship program.

Sec. 102. Enhancement of education debt reduction program.

Sec. 103. Report on requests for waivers of pay reductions for reemployed annuitants to fill nurse positions.

Subtitle B—Retention Authorities

Sec. 121. Additional pay for Saturday tours of duty for additional health care professionals in the Veterans Health Administration.

Sec. 122. Unused sick leave included in annuity computation of registered nurses

within the Veterans Health Administration.

Sec. 123. Evaluation of Department of Veterans Affairs nurse managed clinics.

Sec. 124. Staffing levels for operations of medical facilities.

Sec. 125. Annual report on use of authorities to enhance retention of experienced

nurses.

Sec. 126. Report on mandatory overtime for nurses and nursing assistants in Department of Veterans Affairs facilities.

Subtitle C—Other Authorities

Sec. 131. Organizational responsibility of the Director of the Nursing Service.

Sec. 132. Computation of annuity for part-time service performed by certain healthcare professionals before April 7, 1986.

Sec. 133. Modification of nurse locality pay authorities.

Subtitle D—National Commission on VA Nursing

Sec. 141. Establishment of Commission.

Sec. 142. Duties of Commission.

Sec. 143. Reports.

Sec. 144. Powers.

Sec. 145. Personnel matters.

38 USC 101 note.

Department of

Veterans Affairs

Health Care

Programs

Enhancement

Act of 2001.

Jan. 23, 2002

[H.R. 3447]

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2447

Sec. 146. Termination of Commission.

TITLE II—OTHER MATTERS

Sec. 201. Authority for Secretary of Veterans Affairs to provide service dogs for veterans with certain disabilities.

Sec. 202. gement of health care for certain low-income veterans.

Sec. 203. Maintenance of capacity for specialized treatment and rehabilitative

needs of disabled veterans.

Sec. 204. Program for provision of chiropractic care and services to veterans.

Sec. 205. nds for field offices of the Office of Research Compliance and Assurance.

Sec. 206. Major medical facility construction.

Sec. 207. Sense of Congress on special telephone services for veterans.

Sec. 208. Recodification of bereavement counseling authority and certain other

health-related authorities.

Sec. 209. Extension of expiring collections authorities.

Sec. 210. Personal emergency response system for veterans with service-connected

disabilities.

Sec. 211. One-year extension of eligibility for health care of veterans who served in

Southwest Asia during the Persian Gulf War.

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—ENHANCEMENT OF NURSE RECRUITMENT AND RETENTION AUTHORITIES

Subtitle A—Recruitment Authorities

SEC. 101. ENHANCEMENT OF EMPLOYEE INCENTIVE SCHOLARSHIP

PROGRAM.

(a) PERMANENT AUTHORITY.—(1) Section 7676 is repealed.

(2) The table of sections at the beginning of chapter 76 is

amended by striking the item relating to section 7676.

(b) MINIMUM PERIOD OF DEPARTMENT EMPLOYMENT FOR ELIGIBILITY.—Section 7672(b) is amended by striking ‘‘2 years’’ and

inserting ‘‘one year’’.

(c) SCHOLARSHIP AMOUNT.—Subsection (b) of section 7673 is

amended—

(1) in paragraph (1), by striking ‘‘for any 1 year’’ and

inserting ‘‘for the equivalent of one year of full-time

coursework’’; and

(2) by striking paragraph (2) and inserting the following

new paragraph (2):

‘‘(2) in the case of a participant in the Program who is

a part-time student, shall bear the same ratio to the amount

that would be paid under paragraph (1) if the participant

were a full-time student in the course of education or training

being pursued by the participant as the coursework carried

by the participant to full-time coursework in that course of

education or training.’’.

(d) LIMITATION ON PAYMENT.—Subsection (c) of section 7673

is amended to read as follows:

‘‘(c) LIMITATIONS ON PERIOD OF PAYMENT.—(1) The maximum

number of school years for which a scholarship may be paid under

38 USC 7676.

115 STAT. 2448 PUBLIC LAW 107–135—JAN. 23, 2002

subsection (a) to a participant in the Program shall be six school

years. ‘‘(2) A participant in the Program may not receive a scholarship

under subsection (a) for more than the equivalent of three years

of full-time coursework.’’.

(e) FULL-TIME COURSEWORK.—Section 7673 is further amended

by adding at the end the following new subsection: ‘‘(e) FULL-TIME COURSEWORK.—For purposes of this section,

full-time coursework shall consist of the following: ‘‘(1) In the case of undergraduate coursework, 30 semester

hours per undergraduate school year. ‘‘(2) In the case of graduate coursework, 18 semester hours

per graduate school year.’’. (f) ANNUAL ADJUSTMENT OF MAXIMUM SCHOLARSHIP AMOUNT.— Section 7631 is amended— (1) in subsection (a)(1), by striking ‘‘and the maximum

Selected Reserve member stipend amount’’ and inserting ‘‘the

maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount,’’; and

(2) in subsection (b)— (A) by redesignating paragraph (4) as paragraph (6);

and

(B) by inserting after paragraph (3) the following new

paragraph (4):

‘‘(4) The term ‘maximum employee incentive scholarship

amount’ means the maximum amount of the scholarship payable to a participant in the Department of Veterans Affairs

Employee Incentive Scholarship Program under subchapter VI

of this chapter, as specified in section 7673(b)(1) of this title

and as previously adjusted (if at all) in accordance with this

section.’’.

(g) TECHNICAL AMENDMENTS.—Section 7631(b) is further

amended by striking ‘‘this subsection’’ each place it appears and

inserting ‘‘this section’’.

SEC. 102. ENHANCEMENT OF EDUCATION DEBT REDUCTION PROGRAM.

(a) PERMANENT AUTHORITY.—(1) Section 7684 is repealed.

(2) The table of sections at the beginning of chapter 76 is

amended by striking the item relating to section 7684.

(b) ELIGIBLE INDIVIDUALS.—Subsection (a)(1) of section 7682

is amended—

(1) by striking ‘‘under an appointment under section

7402(b) of this title in a position’’ and inserting ‘‘in a position

(as determined by the Secretary) providing direct-patient care

services or services incident to direct-patient care services’’;

and

(2) by striking ‘‘(as determined by the Secretary)’’ and

inserting ‘‘(as so determined)’’.

(c) MAXIMUM DEBT REDUCTION AMOUNT.—Section 7683(d)(1)

is amended—

(1) by striking ‘‘for a year’’; and

(2) by striking ‘‘exceed—’’ and all that follows through

the end of the paragraph and inserting ‘‘exceed $44,000 over

a total of five years of participation in the Program, of which

not more than $10,000 of such payments may be made in

each of the fourth and fifth years of participation in the Program.’’.

38 USC 7673.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2449

(d) ANNUAL ADJUSTMENT OF MAXIMUM DEBT REDUCTION PAYMENTS AMOUNT.—(1) Section 7631, as amended by section 101(f)

of this Act, is further amended—

(A) in subsection (a)(1), by inserting before the period at

the end of the first sentence the following: ‘‘and the maximum

education debt reduction payments amount’’; and

(B) in subsection (b), by inserting after paragraph (4) the

following new paragraph (5):

‘‘(5) The term ‘maximum education debt reduction payments amount’ means the maximum amount of education debt

reduction payments payable to a participant in the Department

of Veterans Affairs Education Debt Reduction Program under

subchapter VII of this chapter, as specified in section 7683(d)(1)

of this title and as previously adjusted (if at all) in accordance

with this section.’’.

(2) Notwithstanding section 7631(a)(1) of title 38, United States

Code, as amended by paragraph (1), the Secretary of Veterans

Affairs shall not increase the maximum education debt reduction

payments amount under that section in calendar year 2002.

(e) TEMPORARY EXPANSION OF INDIVIDUALS ELIGIBLE FOR

PARTICIPATION IN PROGRAM.—(1) Notwithstanding section 7682(c)

of title 38, United States Code, the Secretary of Veterans Affairs

may treat a covered individual as being a recently appointed

employee in the Veterans Health Administration under section

7682(a) of that title for purposes of eligibility in the Education

Debt Reduction Program if the Secretary determines that the

participation of the individual in the Program under this subsection

would further the purposes of the Program.

(2) For purposes of this subsection, a covered individual is

any individual otherwise described by section 7682(a) of title 38,

United States Code, as in effect on the day before the date of

the enactment of this Act, who—

(A) was appointed as an employee in a position described

in paragraph (1) of that section, as so in effect, between January

1, 1999, and December 31, 2001; and

(B) is an employee in such position, or in another position

described in paragraph (1) of that section, as so in effect,

at the time of application for treatment as a covered individual

under this subsection.

(3) The Secretary shall make determinations regarding the

exercise of the authority in this subsection on a case-by-case basis.

(4) The Secretary may not exercise the authority in this subsection after June 30, 2002. The expiration of the authority in

this subsection shall not affect the treatment of an individual under

this subsection before that date as a covered individual for purposes

of eligibility in the Education Debt Reduction Program.

(5) In this subsection, the term ‘‘Education Debt Reduction

Program’’ means the Department of Veterans Affairs Education

Debt Reduction Program under subchapter VII of chapter 76 of

title 38, United States Code.

Expiration date.

38 USC 7682

note.

38 USC 7631

note.

115 STAT. 2450 PUBLIC LAW 107–135—JAN. 23, 2002

SEC. 103. REPORT ON REQUESTS FOR WAIVERS OF PAY REDUCTIONS

FOR REEMPLOYED ANNUITANTS TO FILL NURSE POSITIONS.

(a) REPORT.—Not later than March 28 of each of 2002 and

2003, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives and to the National Commission on VA Nursing established

under subtitle D a report describing each request of the Secretary,

during the fiscal year preceding such report, to the Director of

the Office of Personnel Management for the following:

(1) A waiver under subsection (i)(1)(A) of section 8344

of title 5, United States Code, of the provisions of such section

in order to meet requirements of the Department of Veterans

Affairs for appointments to nurse positions in the Veterans

Health Administration.

(2) A waiver under subsection (f)(1)(A) of section 8468

of title 5, United States Code, of the provisions of such section

in order to meet requirements of the Department for appointments to such positions.

(3) A grant of authority under subsection (i)(1)(B) of section

8344 of title 5, United States Code, for the waiver of the

provisions of such section in order to meet requirements of

the Department for appointments to such positions.

(4) A grant of authority under subsection (f)(1)(B) of section

8468 of title 5, United States Code, for the waiver of the

provisions of such section in order to meet requirements of

the Department for appointments to such positions.

(b) INFORMATION ON RESPONSES TO REQUESTS.—The report

under subsection (a) shall specify for each request covered by the

report—

(1) the response of the Director to such request; and

(2) if such request was granted, whether or not the waiver

or authority, as the case may be, assisted the Secretary in

meeting requirements of the Department for appointments to

nurse positions in the Veterans Health Administration.

Subtitle B—Retention Authorities

SEC. 121. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE PROFESSIONALS IN THE VETERANS HEALTH ADMINISTRATION.

(a) IN GENERAL.—Section 7454(b) is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) Health care professionals employed in positions referred

to in paragraph (1) shall be entitled to additional pay on the

same basis as provided for nurses in section 7453(c) of this title.’’.

(b) APPLICABILITY.—The amendments made by subsection (a)

shall apply with respect to pay periods beginning on or after the

date of the enactment of this Act.

38 USC 7454

note.

38 USC 7454.

Deadline.

38 USC 7451

note.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2451

SEC. 122. UNUSED SICK LEAVE INCLUDED IN ANNUITY COMPUTATION

OF REGISTERED NURSES WITHIN THE VETERANS

HEALTH ADMINISTRATION.

(a) ANNUITY COMPUTATION.—Section 8415 of title 5, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(i) In computing an annuity under this subchapter, the total

service of an employee who retires from the position of a registered

nurse with the Veterans Health Administration on an immediate

annuity, or dies while employed in that position leaving any survivor entitled to an annuity, includes the days of unused sick

leave to the credit of that employee under a formal leave system,

except that such days shall not be counted in determining average

pay or annuity eligibility under this subchapter.’’.

(b) DEPOSIT NOT REQUIRED.—Section 8422(d) of such title is

amended—

(1) by inserting ‘‘(1)’’ before ‘‘Under such regulations’’; and

(2) by adding at the end the following:

‘‘(2) Deposit may not be required for days of unused sick leave

credited under section 8415(i).’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect 60 days after the date of the enactment of this

Act and shall apply to individuals who separate from service on

or after that effective date.

SEC. 123. EVALUATION OF DEPARTMENT OF VETERANS AFFAIRS

NURSE MANAGED CLINICS.

(a) EVALUATION.—The Secretary of Veterans Affairs shall carry

out an evaluation of the efficacy of the nurse managed health

care clinics of the Department of Veterans Affairs. The Secretary

shall complete the evaluation not later than 18 months after the

date of the enactment of this Act.

(b) CLINICS TO BE EVALUATED.—(1) In carrying out the evaluation under subsection (a), the Secretary shall consider nurse managed health care clinics, including primary care clinics and geriatric

care clinics, located in three different geographic service areas of

the Department.

(2) If there are not nurse managed health care clinics located

in three different geographic service areas as of the commencement

of the evaluation, the Secretary shall—

(A) establish nurse managed health care clinics in additional geographic service areas such that there are nurse managed health care clinics in three different geographic service

areas for purposes of the evaluation; and

(B) include such clinics, as so established, in the evaluation.

(c) MATTERS TO BE EVALUATED.—In carrying out the evaluation

under subsection (a), the Secretary shall address the following:

(1) Patient satisfaction.

(2) Provider experiences.

(3) Cost of care.

(4) Access to care, including waiting time for care.

(5) The functional status of patients receiving care.

(6) Any other matters the Secretary considers appropriate.

(d) REPORT.—Not later than 18 months after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Veterans’ Affairs of the Senate and the House of Representatives

a report on the evaluation carried out under subsection (a). The

Deadline.

Deadline.

38 USC 7311

note.

Applicability.

5 USC 8415 note.

115 STAT. 2452 PUBLIC LAW 107–135—JAN. 23, 2002

report shall address the matters specified in subsection (c) and

include any other information, and any recommendations, that the

Secretary considers appropriate. The Secretary shall provide a copy

of the report to the National Commission on VA Nursing established

under subtitle D.

SEC. 124. STAFFING LEVELS FOR OPERATIONS OF MEDICAL FACILITIES.

(a) IN GENERAL.—Section 8110(a) is amended—

(1) in paragraph (1), by inserting after ‘‘complete care of

patients,’’ in the fifth sentence the following: ‘‘and in a manner

consistent with the policies of the Secretary on overtime,’’;

and

(2) in paragraph (2)—

(A) by inserting ‘‘, including the staffing required to

maintain such capacities,’’ after ‘‘all Department medical

facilities’’;

(B) by striking ‘‘and to minimize’’ and inserting ‘‘, to

minimize’’; and

(C) by inserting before the period the following: ‘‘,

and to ensure that eligible veterans are provided such

care and services in an appropriate manner’’.

(b) NATIONWIDE POLICY ON STAFFING.—Paragraph (3) of that

section is amended—

(1) in subparagraph (A), by inserting ‘‘the adequacy of

staff levels for compliance with the policy established under

subparagraph (C),’’ after ‘‘regarding’’; and

(2) by inserting after subparagraph (B) the following new

subparagraph:

‘‘(C) The Secretary shall, in consultation with the Under Secretary for Health, establish a nationwide policy on the staffing

of Department medical facilities in order to ensure that such facilities have adequate staff for the provision to veterans of appropriate,

high-quality care and services. The policy shall take into account

the staffing levels and mixture of staff skills required for the range

of care and services provided veterans in Department facilities.’’.

SEC. 125. ANNUAL REPORT ON USE OF AUTHORITIES TO ENHANCE

RETENTION OF EXPERIENCED NURSES.

(a) ANNUAL REPORT.—(1) Subchapter II of chapter 73 is

amended by adding at the end the following new section:

‘‘§ 7324. Annual report on use of authorities to enhance retention of experienced nurses

‘‘(a) ANNUAL REPORT.—Not later than January 31 each year,

the Secretary, acting through the Under Secretary for Health, shall

submit to Congress a report on the use during the preceding year

of authorities for purposes of retaining experienced nurses in the

Veterans Health Administration, as follows:

‘‘(1) The authorities under chapter 76 of this title.

‘‘(2) The authority under VA Directive 5102.1, relating to

the Department of Veterans Affairs nurse qualification

standard, dated November 10, 1999, or any successor directive.

‘‘(3) Any other authorities available to the Secretary for

those purposes.

‘‘(b) REPORT ELEMENTS.—Each report under subsection (a) shall

specify for the period covered by such report, for each Department

Deadline.

Policy

38 USC 8110.

Records.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2453

medical facility and for each geographic service area of the Department, the following:

‘‘(1) The number of waivers requested under the authority

referred to in subsection (a)(2), and the number of waivers

granted under that authority, to promote to the Nurse II grade

or Nurse III grade under the Nurse Schedule under section

7404(b)(1) of this title any nurse who has not completed a

baccalaureate degree in nursing in a recognized school of

nursing, set forth by age, race, and years of experience of

the individuals subject to such waiver requests and waivers,

as the case may be.

‘‘(2) The programs carried out to facilitate the use of

nursing education programs by experienced nurses, including

programs for flexible scheduling, scholarships, salary replacement pay, and on-site classes.’’.

(2) The table of sections at the beginning of chapter 73 is

amended by inserting after the item relating to section 7323 the

following new item:

‘‘7324. Annual report on use of authorities to enhance retention of experienced

nurses.’’.

(b) INITIAL REPORT.—The initial report required under section

7324 of title 38, United States Code, as added by subsection (a),

shall be submitted to the National Commission on VA Nursing

established under subtitle D as well as to Congress.

SEC. 126. REPORT ON MANDATORY OVERTIME FOR NURSES AND

NURSING ASSISTANTS IN DEPARTMENT OF VETERANS

AFFAIRS FACILITIES.

(a) REPORT.—Not later than 180 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 the

House of Representatives and to the National Commission on VA

Nursing established under subtitle D a report on the mandatory

overtime required of licensed nurses and nursing assistants providing direct patient care at Department of Veterans Affairs medical

facilities during 2001.

(b) MANDATORY OVERTIME.—For purposes of the report under

subsection (a), mandatory overtime shall consist of any period in

which a nurse or nursing assistant is mandated or otherwise

required, whether directly or indirectly, to work or be in on-duty

status in excess of—

(1) a scheduled workshift or duty period;

(2) 12 hours in any 24-hour period; or

(3) 80 hours in any period of 14 consecutive days.

(c) ELEMENTS.—The report under subsection (a) shall include

the following:

(1) A description of the amount of mandatory overtime

described in that subsection at each Department medical facility

during the period covered by the report.

(2) A description of the mechanisms employed by the Secretary to monitor overtime of the nurses and nursing assistants

referred to in that subsection.

(3) An assessment of the effects of the mandatory overtime

of such nurses and nursing assistants on patient care, including

any reported association with medical errors.

Deadline.

38 USC 7324

note.

115 STAT. 2454 PUBLIC LAW 107–135—JAN. 23, 2002

(4) Recommendations regarding mechanisms for preventing

mandatory overtime in other than emergency situations by

such nurses and nursing assistants.

(5) Any other matters that the Secretary considers appropriate.

Subtitle C—Other Authorities

SEC. 131. ORGANIZATIONAL RESPONSIBILITY OF THE DIRECTOR OF

THE NURSING SERVICE.

Section 7306(a)(5) is amended by inserting ‘‘, and report directly

to,’’ after ‘‘responsible to’’.

SEC. 132. COMPUTATION OF ANNUITY FOR PART-TIME SERVICE PERFORMED BY CERTAIN HEALTH-CARE PROFESSIONALS

BEFORE APRIL 7, 1986.

Section 7426 is amended by adding at the end the following

new subsection:

‘‘(c) The provisions of subsection (b) shall not apply to the

part-time service before April 7, 1986, of a registered nurse, physician assistant, or expanded-function dental auxiliary. In computing

the annuity under the applicable provision of law specified in that

subsection of an individual covered by the preceding sentence, the

service described in that sentence shall be credited as full-time

service.’’.

SEC. 133. MODIFICATION OF NURSE LOCALITY PAY AUTHORITIES.

Section 7451 is amended—

(1) in subsection (d)(3)—

(A) in subparagraph (A), by striking ‘‘beginning rates

of’’ each place it appears;

(B) in subparagraph (B), by striking ‘‘beginning rates

of’’ the first place it appears; and

(C) in subparagraph (C)(i), by striking ‘‘beginning rates

of’’ each place it appears;

(2) in subsection (d)(4)— (A) by striking ‘‘or at any other time that an adjustment in rates of pay is scheduled to take place under

this subsection’’ in the first sentence; and

(B) by striking the second sentence; and

(3) in subsection (e)(4)— (A) in subparagraph (A), by striking ‘‘grade in a’’;

(B) in subparagraph (B)— (i) by striking ‘‘grade of a’’; and

(ii) by striking ‘‘that grade’’ and inserting ‘‘that

position’’; and

(C) in subparagraph (D), by striking ‘‘grade of a’’.

Subtitle D—National Commission on VA

Nursing

SEC. 141. ESTABLISHMENT OF COMMISSION.

(a) ESTABLISHMENT.—There is hereby established in the Department of Veterans Affairs a commission to be known as the ‘‘National

38 USC 7451

note.

38 USC 7306.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2455

Commission on VA Nursing’’ (hereinafter in this subtitle referred

to as the ‘‘Commission’’).

(b) COMPOSITION.—The Commission shall be composed of 12

members appointed by the Secretary of Veterans Affairs as follows:

(1) At least two shall be recognized representatives of

employees (including nurses) of the Department of Veterans

Affairs.

(2) At least one shall be a representative of professional

associations of nurses of the Department or similar organizations affiliated with the Department’s health care practitioners.

(3) At least one shall be a nurse from a nursing school

affiliated with the Department of Veterans Affairs.

(4) At least two shall be representatives of veterans.

(5) At least one shall be an economist.

(6) The remainder shall be appointed in such manner as

the Secretary considers appropriate.

(c) CHAIR OF COMMISSION.—The Secretary of Veterans Affairs

shall designate one of the members of the Commission to chair

the Commission.

(d) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall be filled in the same manner as the original

appointment.

(e) INITIAL ORGANIZATION REQUIREMENTS.—All appointments

to the Commission shall be made not later than 60 days after

the date of the enactment of this Act. The Commission shall convene

its first meeting not later than 60 days after the date as of which

all members of the Commission have been appointed.

SEC. 142. DUTIES OF COMMISSION.

(a) ASSESSMENT.—The Commission shall—

(1) consider legislative and organizational policy changes

to enhance the recruitment and retention of nurses and other

nursing personnel by the Department of Veterans Affairs; and

(2) assess the future of the nursing profession within the

Department.

(b) RECOMMENDATIONS.—The Commission shall recommend

legislative and organizational policy changes to enhance the recruitment and retention of nurses and other nursing personnel in the

Department.

SEC. 143. REPORTS.

(a) COMMISSION REPORT.—The Commission shall, not later than

two years after the date of its first meeting, submit to Congress

and the Secretary of Veterans Affairs a report on the Commission’s

findings and recommendations.

(b) SECRETARY OF VETERANS AFFAIRS REPORT.—Not later than

60 days after the date of the Commission’s report under subsection

(a), the Secretary shall submit to Congress a report— (1) providing the Secretary’s views on the Commission’s

findings and recommendations; and

(2) explaining what actions, if any, the Secretary intends

to take to implement the recommendations of the Commission

and the Secretary’s reasons for doing so.

SEC. 144. POWERS.

(a) HEARINGS.—The Commission or, at its direction, any panel

or member of the Commission, may, for the purpose of carrying

38 USC 7451

note.

Deadline.

Deadline.

38 USC 7451

note.

38 USC 7451

note.

Deadlines.

115 STAT. 2456 PUBLIC LAW 107–135—JAN. 23, 2002

out the provisions of this subtitle, hold hearings and take testimony

to the extent that the Commission or any member considers advisable.

(b) INFORMATION.—The Commission may secure directly from

any Federal department or agency information that the Commission

considers necessary to enable the Commission to carry out its

responsibilities under this subtitle.

SEC. 145. PERSONNEL MATTERS.

(a) PAY OF MEMBERS.—Members of the Commission shall serve

without pay by reason of their work on the Commission.

(b) TRAVEL EXPENSES.—The members of the Commission shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter

I of chapter 57 of title 5, United States Code, while away from

their homes or regular places of business in the performance of

services for the Commission.

(c) STAFF.—(1) The Secretary may, without regard to the provisions of title 5, United States Code, governing appointments in

the competitive service, appoint a staff director and such additional

personnel as may be necessary to enable the Commission to perform

its duties.

(2) The Secretary may fix the pay of the staff director and

other personnel appointed under paragraph (1) without regard to

the provisions of chapter 51 and subchapter III of chapter 53

of title 5, United States Code, relating to classification of positions

and General Schedule pay rates, except that the rate of pay fixed

under this paragraph for the staff director may not exceed the

rate payable for level V of the Executive Schedule under section

5316 of such title and the rate of pay for other personnel may

not exceed the maximum rate payable for grade GS–15 of the

General Schedule.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the

Secretary, the head of any Federal department or agency may

detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out

its duties.

SEC. 146. TERMINATION OF COMMISSION.

The Commission shall terminate 90 days after the date of

the submission of its report under section 143(a).

TITLE II—OTHER MATTERS

SEC. 201. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO PROVIDE SERVICE DOGS FOR VETERANS WITH CERTAIN

DISABILITIES.

(a) AUTHORITY.—Section 1714 is amended—

(1) in subsection (b)—

(A) by striking ‘‘seeing-eye or’’ the first place it appears;

(B) by striking ‘‘who are entitled to disability compensation’’ and inserting ‘‘who are enrolled under section

1705 of this title’’;

(C) by striking ‘‘, and may pay’’ and all that follows

through ‘‘such seeing-eye or guide dogs’’; and

(D) by striking ‘‘handicap’’ and inserting ‘‘disability’’;

and

38 USC 1714.

38 USC 7451

note.

38 USC 7451

note.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2457

(2) by adding at the end the following new subsections: ‘‘(c) The Secretary may, in accordance with the priority specified

in section 1705 of this title, provide— ‘‘(1) service dogs trained for the aid of the hearing impaired

to veterans who are hearing impaired and are enrolled under

section 1705 of this title; and

‘‘(2) service dogs trained for the aid of persons with spinal

cord injury or dysfunction or other chronic impairment that

substantially limits mobility to veterans with such injury,

dysfunction, or impairment who are enrolled under section

1705 of this title.

‘‘(d) In the case of a veteran provided a dog under subsection

(b) or (c), the Secretary may pay travel and incidental expenses

for that veteran under the terms and conditions set forth in section

111 of this title to and from the veteran’s home for expenses

incurred in becoming adjusted to the dog.’’.

(b) CLERICAL AMENDMENTS.—(1) The heading for such section

is amended to read as follows:

‘‘§ 1714. Fitting and training in use of prosthetic appliances;

guide dogs; service dogs’’.

(2) The item relating to such section in the table of sections

at the beginning of chapter 17 is amended to read as follows:

‘‘1714. Fitting and training in use of prosthetic appliances; guide dogs; service

dogs.’’.

SEC. 202. MANAGEMENT OF HEALTH CARE FOR CERTAIN LOW-INCOME

VETERANS.

(a) PRIORITY OF ENROLLMENT IN PATIENT ENROLLMENT

SYSTEM.—Section 1705(a) is amended by striking paragraph (7)

and inserting the following new paragraphs:

‘‘(7) Veterans described in section 1710(a)(3) of this title

who are eligible for treatment as a low-income family under

section 3(b) of the United States Housing Act of 1937 (42

U.S.C. 1437a(b)) for the area in which such veterans reside,

regardless of whether such veterans are treated as single person

families under paragraph (3)(A) of such section 3(b) or as families under paragraph (3)(B) of such section 3(b).

‘‘(8) Veterans described in section 1710(a)(3) of this title

who are not covered by paragraph (7).’’.

(b) REDUCED COPAYMENTS FOR CARE.—Subsection (f) of section

1710 is amended—

(1) in paragraph (1), by inserting ‘‘or (4)’’ after ‘‘paragraph

(2)’’;

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following new paragraph (4):

‘‘(4) In the case of a veteran covered by this subsection who

is also described by section 1705(a)(7) of this title, the amount

for which the veteran shall be liable to the United States for

hospital care under this subsection shall be an amount equal to

20 percent of the total amount for which the veteran would otherwise be liable for such care under subparagraphs (2)(B) and (3)(A)

but for this paragraph.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on October 1, 2002.

38 USC 1705

note.

38 USC 1705.

115 STAT. 2458 PUBLIC LAW 107–135—JAN. 23, 2002

SEC. 203. MAINTENANCE OF CAPACITY FOR SPECIALIZED TREATMENT

AND REHABILITATIVE NEEDS OF DISABLED VETERANS.

(a) MAINTENANCE OF CAPACITY ON A GEOGRAPHIC SERVICE AREA

BASIS.—Section 1706(b) is amended—

(1) in paragraph (1)—

(A) in the first sentence, by inserting ‘‘(and each

geographic service area of the Veterans Health Administration)’’ after ‘‘ensure that the Department’’; and

(B) in clause (B), by inserting ‘‘(and each geographic

service area of the Veterans Health Administration)’’ after

‘‘overall capacity of the Department’’;

(2) by redesignating paragraphs (2) and (3) as paragraphs

(5) and (6), respectively; and

(3) by inserting after paragraph (1) the following new paragraphs;

‘‘(2) For purposes of paragraph (1), the capacity of the Department (and each geographic service area of the Veterans Health

Administration) to provide for the specialized treatment and

rehabilitative needs of disabled veterans (including veterans with

spinal cord dysfunction, traumatic brain injury, blindness, prosthetics and sensory aids, and mental illness) within distinct programs or facilities shall be measured for seriously mentally ill

veterans as follows (with all such data to be provided by geographic

service area and totaled nationally):

‘‘(A) For mental health intensive community-based care,

the number of discrete intensive care teams constituted to

provide such intensive services to seriously mentally ill veterans

and the number of veterans provided such care.

‘‘(B) For opioid substitution programs, the number of

patients treated annually and the amounts expended.

‘‘(C) For dual-diagnosis patients, the number treated

annually and the amounts expended.

‘‘(D) For substance-use disorder programs—

‘‘(i) the number of beds (whether hospital, nursing

home, or other designated beds) employed and the average

bed occupancy of such beds;

‘‘(ii) the percentage of unique patients admitted directly

to outpatient care during the fiscal year who had two

or more additional visits to specialized outpatient care

within 30 days of their first visit, with a comparison from

1996 until the date of the report;

‘‘(iii) the percentage of unique inpatients with substance-use disorder diagnoses treated during the fiscal year

who had one or more specialized clinic visits within three

days of their index discharge, with a comparison from

1996 until the date of the report;

‘‘(iv) the percentage of unique outpatients seen in a

facility or geographic service area during the fiscal year

who had one or more specialized clinic visits, with a

comparison from 1996 until the date of the report; and

‘‘(v) the rate of recidivism of patients at each specialized clinic in each geographic service area of the Veterans

Health Administration.

‘‘(E) For mental health programs, the number and type

of staff that are available at each facility to provide specialized

mental health treatment, including satellite clinics, outpatient

38 USC 1706.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2459

programs, and community-based outpatient clinics, with a

comparison from 1996 to the date of the report. ‘‘(F) The number of such clinics providing mental health

care, the number and type of mental health staff at each

such clinic, and the type of mental health programs at each

such clinic.

‘‘(G) The total amounts expended for mental health during

the fiscal year.

‘‘(3) For purposes of paragraph (1), the capacity of the Department (and each geographic service area of the Veterans Health

Administration) to provide for the specialized treatment and

rehabilitative needs of disabled veterans within distinct programs

or facilities shall be measured for veterans with spinal cord dysfunction, traumatic brain injury, blindness, or prosthetics and sensory

aids as follows (with all such data to be provided by geographic

service area and totaled nationally):

‘‘(A) For spinal cord injury and dysfunction specialized

centers and for blind rehabilitation specialized centers, the

number of staffed beds and the number of full-time equivalent

employees assigned to provide care at such centers.

‘‘(B) For prosthetics and sensory aids, the annual amount

expended.

‘‘(C) For traumatic brain injury, the number of patients

treated annually and the amounts expended.

‘‘(4) In carrying out paragraph (1), the Secretary may not use

patient outcome data as a substitute for, or the equivalent of,

compliance with the requirement under that paragraph for maintenance of capacity.’’.

(b) EXTENSION OF ANNUAL REPORT REQUIREMENT.—Paragraph

(5) of such section, as so redesignated, is amended—

(1) by inserting ‘‘(A)’’ before ‘‘Not later than’’;

(2) by striking ‘‘April 1, 1999, April 1, 2000, and April

1, 2001’’ and inserting ‘‘April 1 of each year through 2004’’;

(3) by adding at the end of subparagraph (A), as designated

by paragraph (1), the following new sentence: ‘‘Each such report

shall include information on recidivism rates associated with

substance-use disorder treatment.’’; and

(4) by adding at the end of such paragraph the following

new subparagraphs:

‘‘(B) In preparing each report under subparagraph (A), the

Secretary shall use standardized data and data definitions.

‘‘(C) Each report under subparagraph (A) shall be audited by

the Inspector General of the Department, who shall submit to

Congress a certification as to the accuracy of each such report.’’.

SEC. 204. PROGRAM FOR PROVISION OF CHIROPRACTIC CARE AND

SERVICES TO VETERANS.

(a) REQUIREMENT FOR PROGRAM.—Subject to the provisions of

this section, the Secretary of Veterans Affairs shall carry out a

program to provide chiropractic care and services to veterans

through Department of Veterans Affairs medical centers and clinics.

(b) ELIGIBLE VETERANS.—Veterans eligible to receive chiropractic care and services under the program are veterans who

are enrolled in the system of patient enrollment under section

1705 of title 38, United States Code.

(c) LOCATION OF PROGRAM.—The program shall be carried out

at sites designated by the Secretary for purposes of the program.

38 USC 1710

note.

Certification.

115 STAT. 2460 PUBLIC LAW 107–135—JAN. 23, 2002

The Secretary shall designate at least one site for such program

in each geographic service area of the Veterans Health Administration. The sites so designated shall be medical centers and clinics

located in urban areas and in rural areas.

(d) CARE AND SERVICES AVAILABLE.—The chiropractic care and

services available under the program shall include a variety of

chiropractic care and services for neuro-musculoskeletal conditions,

including subluxation complex.

(e) OTHER ADMINISTRATIVE MATTERS.—(1) The Secretary shall

carry out the program through personal service contracts and by

appointment of licensed chiropractors in Department medical centers and clinics.

(2) As part of the program, the Secretary shall provide training

and materials relating to chiropractic care and services to Department health care providers assigned to primary care teams for

the purpose of familiarizing such providers with the benefits of

chiropractic care and services.

(f) REGULATIONS.—The Secretary shall prescribe regulations

to carry out this section.

(g) CHIROPRACTIC ADVISORY COMMITTEE.—(1) The Secretary

shall establish an advisory committee to provide direct assistance

and advice to the Secretary in the development and implementation

of the chiropractic health program.

(2) The membership of the advisory committee shall include

members of the chiropractic care profession and such other members

as the Secretary considers appropriate.

(3) Matters on which the advisory committee shall assist and

advise the Secretary shall include the following:

(A) Protocols governing referral to chiropractors.

(B) Protocols governing direct access to chiropractic care.

(C) Protocols governing scope of practice of chiropractic

practitioners.

(D) Definition of services to be provided.

(E) Such other matters the Secretary determines to be

appropriate.

(4) The advisory committee shall cease to exist on December

31, 2004.

SEC. 205. FUNDS FOR FIELD OFFICES OF THE OFFICE OF RESEARCH

COMPLIANCE AND ASSURANCE.

(a) IN GENERAL.—Section 7303 is amended by adding at the

end the following new subsection:

‘‘(e) Amounts for the activities of the field offices of the Office

of Research Compliance and Assurance of the Department shall

be derived from amounts appropriated for the Veterans Health

Administration for Medical Care (rather than from amounts appropriated for the Veterans Health Administration for Medical and

Prosthetic Research).’’.

(b) APPLICABILITY TO FISCAL YEAR 2002.—In order to carry

out subsection (e) of section 7303 of title 38, United States Code,

as added by subsection (a), for fiscal year 2002, the Secretary

of Veterans Affairs shall transfer such sums as necessary for that

purpose from amounts appropriated for the Veterans Health

Administration for Medical and Prosthetic Research for fiscal year

2002 to amounts appropriated for the Veterans Health Administration for Medical Care for that fiscal year.

38 USC 7303

note.

38 USC 7303.

Termination

date.

Establishment.

Contacts.

Urban and rural

areas.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2461

SEC. 206. MAJOR MEDICAL FACILITY CONSTRUCTION.

(a) PROJECT AUTHORIZED.—The Secretary of Veterans Affairs

may carry out a major medical facility project for the renovation

from electrical fire of the Department of Veterans Affairs Medical

Center, Miami, Florida, in an amount not to exceed $28,300,000.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Secretary of Veterans Affairs for the

Construction, Major Projects Account, for fiscal year 2002,

$28,300,000 for the project authorized by subsection (a).

(c) LIMITATION.—The project authorized by subsection (a) may

only be carried out using—

(1) funds appropriated for fiscal year 2002 pursuant to

the authorization of appropriations in subsection (b);

(2) funds appropriated for Construction, Major Projects,

for a fiscal year before fiscal year 2002 that remain available

for obligation; and

(3) funds appropriated for Construction, Major Projects,

for fiscal year 2002 for a category of activity not specific to

a project.

SEC. 207. SENSE OF CONGRESS ON SPECIAL TELEPHONE SERVICES

FOR VETERANS.

It is the sense of Congress that the Secretary of Veterans

Affairs should conduct an assessment of all special telephone services for veterans (such as help lines and hotlines) that are provided

by the Department of Veterans Affairs and that any such assessment, if conducted, should include assessment of the geographical

coverage, availability, utilization, effectiveness, management,

coordination, staffing, and cost of those services and should include

a survey of veterans to measure their satisfaction with current

special telephone services and the demand for additional services.

SEC. 208. RECODIFICATION OF BEREAVEMENT COUNSELING

AUTHORITY AND CERTAIN OTHER HEALTH-RELATED

AUTHORITIES.

(a) STATUTORY REORGANIZATION.—Subchapter I of chapter 17

is amended—

(1) in section 1701(6)—

(A) by striking subparagraph (B) and the sentence

following that subparagraph;

(B) by striking ‘‘services—’’ in the matter preceding

subparagraph (A) and inserting ‘‘services, the following:’’;

and

(C) by striking subparagraph (A) and inserting the

following:

‘‘(A) Surgical services.

‘‘(B) Dental services and appliances as described in sections

1710 and 1712 of this title.

‘‘(C) Optometric and podiatric services.

‘‘(D) Preventive health services.

‘‘(E) In the case of a person otherwise receiving care or

services under this chapter—

‘‘(i) wheelchairs, artificial limbs, trusses, and similar

appliances;

‘‘(ii) special clothing made necessary by the wearing

of prosthetic appliances; and

38 USC 1701.

115 STAT. 2462 PUBLIC LAW 107–135—JAN. 23, 2002

‘‘(iii) such other supplies or services as the Secretary

determines to be reasonable and necessary.

‘‘(F) Travel and incidental expenses pursuant to section

111 of this title.’’; and

(2) in section 1707—

(A) by inserting ‘‘(a)’’ at the beginning of the text

of the section; and

(B) by adding at the end the following:

‘‘(b) The Secretary may furnish sensori-neural aids only in

accordance with guidelines prescribed by the Secretary.’’.

(b) CONSOLIDATION OF PROVISIONS RELATING TO PERSONS

OTHER THAN VETERANS.—Such chapter is further amended by

adding at the end the following new subchapter:

‘‘SUBCHAPTER VIII—HEALTH CARE OF PERSONS OTHER

THAN VETERANS

‘‘§ 1782. Counseling, training, and mental health services for

immediate family members

‘‘(a) COUNSELING FOR FAMILY MEMBERS OF VETERANS

RECEIVING SERVICE-CONNECTED TREATMENT.—In the case of a veteran who is receiving treatment for a service-connected disability

pursuant to paragraph (1) or (2) of section 1710(a) of this title,

the Secretary shall provide to individuals described in subsection

(c) such consultation, professional counseling, training, and mental

health services as are necessary in connection with that treatment.

‘‘(b) COUNSELING FOR FAMILY MEMBERS OF VETERANS

RECEIVING NON-SERVICE-CONNECTED TREATMENT.—In the case of

a veteran who is eligible to receive treatment for a non-serviceconnected disability under the conditions described in paragraph

(1), (2), or (3) of section 1710(a) of this title, the Secretary may,

in the discretion of the Secretary, provide to individuals described

in subsection (c) such consultation, professional counseling, training,

and mental health services as are necessary in connection with

that treatment if—

‘‘(1) those services were initiated during the veteran’s hospitalization; and

‘‘(2) the continued provision of those services on an outpatient basis is essential to permit the discharge of the veteran

from the hospital.

‘‘(c) ELIGIBLE INDIVIDUALS.—Individuals who may be provided

services under this subsection are—

‘‘(1) the members of the immediate family or the legal

guardian of a veteran; or

‘‘(2) the individual in whose household such veteran certifies an intention to live.

‘‘(d) TRAVEL AND TRANSPORTATION AUTHORIZED.—Services provided under subsections (a) and (b) may include, under the terms

and conditions set forth in section 111 of this title, travel and

incidental expenses of individuals described in subsection (c) in

the case of any of the following:

‘‘(1) A veteran who is receiving care for a service-connected

disability.

‘‘(2) A dependent or survivor receiving care under the last

sentence of section 1783(b) of this title.

38 USC 1707.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2463

‘‘§ 1783. Bereavement counseling

‘‘(a) DEATHS OF VETERANS.—In the case of an individual who

was a recipient of services under section 1782 of this title at

the time of the death of the veteran, the Secretary may provide

bereavement counseling to that individual in the case of a death— ‘‘(1) that was unexpected; or

‘‘(2) that occurred while the veteran was participating in

a hospice program (or a similar program) conducted by the

Secretary.

‘‘(b) DEATHS IN ACTIVE SERVICE.—The Secretary may provide

bereavement counseling to an individual who is a member of the

immediate family of a member of the Armed Forces who dies

in the active military, naval, or air service in the line of duty

and under circumstances not due to the person’s own misconduct. ‘‘(c) BEREAVEMENT COUNSELING DEFINED.—For purposes of this

section, the term ‘bereavement counseling’ means such counseling

services, for a limited period, as the Secretary determines to be

reasonable and necessary to assist an individual with the emotional

and psychological stress accompanying the death of another individual.

‘‘§ 1784. Humanitarian care

‘‘The Secretary may furnish hospital care or medical services

as a humanitarian service in emergency cases, but the Secretary

shall charge for such care and services at rates prescribed by

the Secretary.’’. (c) TRANSFER OF CHAMPVA SECTION.—Section 1713 is— (1) transferred to subchapter VIII of chapter 17 of title

38, United States Code, as added by subsection (b), and inserted

after the subchapter heading;

(2) redesignated as section 1781; and

(3) amended by adding at the end of subsection (b) the

following new sentence: ‘‘A dependent or survivor receiving

care under the preceding sentence shall be eligible for the

same medical services as a veteran, including services under

sections 1782 and 1783 of this title.’’.

(d) REPEAL OF RECODIFIED AUTHORITY.—Section 1711 is

amended by striking subsection (b).

(e) CROSS REFERENCE AMENDMENTS.—Title 38, United States

Code, is further amended as follows:

(1) Section 103(d)(5)(B) is amended by striking ‘‘1713’’ and

inserting ‘‘1781’’.

(2) Section 1701(5) is amended by striking ‘‘1713(b)’’ in

subparagraphs (B) and (C)(i) and inserting ‘‘1781(b)’’.

(3) Section 1712A(b) is amended—

(A) in the last sentence of paragraph (1), by striking

‘‘section 1711(b)’’ and inserting ‘‘section 1784’’; and

(A) in paragraph (2), by striking ‘‘section 1701(6)(B)’’

and inserting ‘‘sections 1782 and 1783’’.

(4) Section 1729(f) is amended by striking ‘‘section 1711(b)’’

and inserting ‘‘section 1784’’.

(5) Section 1729A(b) is amended—

(A) by redesignating paragraph (7) as paragraph (8);

and

(B) by inserting after paragraph (6) the following new

paragraph (7):

‘‘(7) Section 1784 of this title.’’.

38 USC 1781.

115 STAT. 2464 PUBLIC LAW 107–135—JAN. 23, 2002

(6) Section 8111(g) is amended— (A) in paragraph (4), by inserting ‘‘services under sections 1782 and 1783 of this title’’ after ‘‘of this title,’’;

and

(B) in paragraph (5), by striking ‘‘section 1711(b) or

1713’’ and inserting ‘‘section 1782, 1783, or 1784’’.

(7) Section 8111A(a)(2) is amended by inserting ‘‘, and

the term ‘medical services’ includes services under sections

1782 and 1783 of this title’’ before the period at the end.

(8) Section 8152(1) is amended by inserting ‘‘services under

sections 1782 and 1783 of this title,’’ after ‘‘of this title),’’.

(9) Sections 8502(b), 8520(a), and 8521 are amended by

striking ‘‘the last sentence of section 1713(b)’’ and inserting

‘‘the penultimate sentence of section 1781(b)’’.

(f) CLERICAL AMENDMENTS.— (1) The table of sections at the beginning of such chapter

is amended— (A) by striking the item relating to section 1707 and

inserting the following:

‘‘1707. Limitations.’’;

(B) by striking the item relating to section 1713; and

(C) by adding at the end the following:

‘‘SUBCHAPTER VIII—HEALTH CARE OF PERSONS OTHER THAN VETERANS

‘‘1781. Medical care for survivors and dependents of certain veterans.

‘‘1782. Counseling, training, and mental health services for immediate family members.

‘‘1783. Bereavement counseling.

‘‘1784. Humanitarian care.’’.

(2) The heading for section 1707 is amended to read as

follows:

‘‘§ 1707. Limitations’’.

SEC. 209. EXTENSION OF EXPIRING COLLECTIONS AUTHORITIES.

(a) HEALTH CARE COPAYMENTS.—Section 1710(f)(2)(B) is

amended by striking ‘‘September 30, 2002’’ and inserting ‘‘September 30, 2007’’. (b) MEDICAL CARE COST RECOVERY.—Section 1729(a)(2)(E) is

amended by striking ‘‘October 1, 2002’’ and inserting ‘‘October 1,

2007’’.

SEC. 210. PERSONAL EMERGENCY RESPONSE SYSTEM FOR VETERANS

WITH SERVICE-CONNECTED DISABILITIES.

(a) EVALUATION AND STUDY.—The Secretary of Veterans Affairs

shall carry out an evaluation and study of the feasibility and

desirability of providing a personal emergency response system

to veterans who have service-connected disabilities. The evaluation

and study shall be commenced not later than 60 days after the

date of the enactment of this Act.

(b) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to the Committees

on Veterans’ Affairs of the Senate and House of Representatives

a report on the evaluation and study under subsection (a). The

Secretary shall include in the report the Secretary’s findings

resulting from the evaluation and study and the Secretary’s conclusion as to whether the Department of Veterans Affairs should

Deadline.

Deadline.

38 USC 1710

note.

38 USC 8111.

PUBLIC LAW 107–135—JAN. 23, 2002 115 STAT. 2465

LEGISLATIVE HISTORY—H.R. 3447:

CONGRESSIONAL RECORD, Vol. 147 (2001):

Dec. 11, considered and passed House.

Dec. 20, considered and passed Senate.

Æ

provide a personal emergency response system to veterans with

service-connected disabilities.

(c) AUTHORITY TO PROVIDE SYSTEM.—If the Secretary concludes

in the report under subsection (b) that a personal emergency

response system should be provided by the Department of Veterans

Affairs to veterans with service-connected disabilities— (1) the Secretary may provide such a system, without

charge, to any veteran with a service-connected disability who

is enrolled under section 1705 of title 38, United States Code,

and who submits an application for such a system under subsection (d); and

(2) the Secretary may contract with one or more vendors

to furnish such a system.

(d) APPLICATION.—A personal emergency response system may

be provided to a veteran under subsection (c)(1) only upon the

submission by the veteran of an application for the system. Any

such application shall be in such form and manner as the Secretary

may require.

(e) DEFINITION.—For purposes of this section, the term ‘‘personal emergency response system’’ means a device—

(1) that can be activated by an individual who is experiencing a medical emergency to notify appropriate emergency

medical personnel that the individual is experiencing a medical

emergency; and

(2) that provides the individual’s location through a Global

Positioning System indicator.

SEC. 211. ONE-YEAR EXTENSION OF ELIGIBILITY FOR HEALTH CARE

OF VETERANS WHO SERVED IN SOUTHWEST ASIA DURING

THE PERSIAN GULF WAR.

Section 1710(e)(3)(B) is amended by striking ‘‘December 31,

2001’’ and inserting ‘‘December 31, 2002’’.

Approved January 23, 2002.

38 USC 1710.