I

106TH CONGRESS

2D SESSION H. R. 4759

To amend title 38, United States Code, to improve the personnel system

of the Veterans Health Administration, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 26, 2000

Mr. STEARNS (for himself and Mr. STUMP) introduced the following bill;

which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to improve the

personnel system of the Veterans Health Administration,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Department of Veterans Affairs Health Care Personnel

6 Act of 2000’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References to title 38, United States Code.
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TITLE I—PERSONNEL MATTERS

Sec. 101. Revised authority for pay adjustments for nurses employed by the

Department of Veterans Affairs.

Sec. 102. Special pay for dentists.

Sec. 103. Exemption for pharmacists from ceiling on special salary rates.

Sec. 104. Physician assistant consultant.

Sec. 105. Temporary appointment of graduates of physician assistant training.

TITLE II—CONSTRUCTION AUTHORIZATION

Sec. 201. Authorization of major medical facility projects.

Sec. 202. Authorization of appropriations.

TITLE III—MILITARY SERVICE ISSUES

Sec. 301. Military service history.

Sec. 302. Study of post-traumatic stress disorder in Vietnam veterans.

TITLE IV—MEDICAL ADMINISTRATION MATTERS

Sec. 401. Coordination of hospital benefits program.

Sec. 402. Benefits for persons disabled by participation in compensated work

therapy program.

Sec. 403. Extension of authority to establish research and education corporations.

Sec. 404. Department of Veterans Affair Fisher Houses.

Sec. 405. Extension of annual report of Committee on Mentally Ill Veterans.

Sec. 406. Exception to recapture rule.

Sec. 407. Change to enhanced use lease congressional notification period.

Sec. 408. Technical and conforming changes.

Sec. 409. Name of Department of Veterans Affairs outpatient clinic, Rome,

New York.

Sec. 410. Release of reversionary interest of the United States in certain real

property previously conveyed to the State of Tennessee.

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

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title 38, United States Code.
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1 TITLE I—PERSONNEL MATTERS

2 SEC. 101. REVISED AUTHORITY FOR PAY ADJUSTMENTS

3 FOR NURSES EMPLOYED BY THE DEPART4 MENT OF VETERANS AFFAIRS.

5 (a) REVISED PAY ADJUSTMENT PROCEDURES.—Sec6 tion 7451 is amended—

7 (1) in subsection (d)—

8 (A) in paragraph (1), by striking ‘‘The

9 rates’’ and inserting ‘‘Subject to subsection (e),

10 the rates’’;

11 (B) in paragraph (2), by striking ‘‘Such’’

12 in the second sentence and inserting ‘‘Except as

13 provided in paragraph (1), such’’;

14 (C) in paragraph (3)(B)—

15 (i) by inserting after the first sentence

16 the following new sentence: ‘‘To the extent

17 practicable, the director shall use third18 party industry wage surveys to meet the

19 requirements of the preceding sentence.’’;

20 (ii) by inserting before the penul21 timate sentence the following new sentence:

22 ‘‘To the extent practicable, all surveys con23 ducted pursuant to this subparagraph or

24 subparagraph (A) shall include the collec25 tion of salary midpoints, actual salaries,
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1 lowest and highest salaries, average sala2 ries, bonuses, incentive pays, differential

3 pays, actual beginning rates of pay and

4 such other information needed to meet the

5 purpose of this section.’’; and

6 (iii) in the penultimate sentence, by

7 inserting ‘‘or published’’ after ‘‘com8 pleted’’;

9 (D) by striking clause (iii) of paragraph

10 (3)(C);

11 (2) by striking subsection (e) and inserting the

12 following:

13 ‘‘(e)(1) An adjustment in a rate of basic pay under

14 subsection (d) may not reduce the rate of basic pay appli15 cable to any grade of a covered position.

16 ‘‘(2) The director of a Department health-care facil17 ity, in determining whether to carry out an adjustment

18 under subsection (d) in rates of basic pay for a grade of

19 a covered position, may not consider as a factor in such

20 determination the absence of a current recruitment or re21 tention problem for personnel in that grade of that posi22 tion.

23 ‘‘(3) The Under Secretary for Health may, to the ex24 tent necessary to carry out the purposes of subsection (d),

25 modify any determination made by the director of a De-
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1 partment health-care facility with respect to adjusting the

2 rates of basic pay applicable to covered positions. Upon

3 such action by the Under Secretary, any adjustment shall

4 take effect on the first day of the first pay period begin5 ning after such action. The Secretary shall ensure that

6 the Under Secretary establishes a mechanism for the exer7 cise of the authority in the preceding sentence.’’;

8 (3) in subsection (f)—

9 (A) by striking ‘‘February 1 of 1991,

10 1992, and 1993’’ and inserting ‘‘March 1 of

11 each year’’; and

12 (C) by striking ‘‘subsection (d)(1)(A)’’ and

13 inserting ‘‘subsection (d)’’; and

14 (4) by striking subsection (g) and redesignating

15 subsection (h) as subsection (g).

16 (b) REQUIRED CONSULTATIONS WITH NURSES.—(1)

17 Subchapter II of chapter 73 is amended by adding at the

18 end the following new section:

19 ‘‘§ 7323. Required consultations with nurses

20 ‘‘The Under Secretary for Health shall ensure that—

21 ‘‘(1) the director of a geographic service area,

22 in formulating policy relating to the provision of pa23 tient care, shall consult regularly with a senior nurse

24 executive or senior nurse executives; and
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1 ‘‘(2) the director of a medical center shall, to

2 the extent feasible, include a registered nurse as a

3 member of any committee used at that medical cen4 ter to provide recommendations or decisions on med5 ical center operations or policy affecting clinical

6 services, clinical outcomes, budget, or resources.’’.

7 (2) The table of sections at the beginning of such

8 chapter is amended by inserting after the item relating

9 to section 7322 the following new item:

‘‘7323. Required consultations with nurses.’’.

10 SEC. 102. SPECIAL PAY FOR DENTISTS.

11 (a) FULL-TIME STATUS PAY.—Paragraph (1) of sec12 tion 7435(b) is amended by striking ‘‘$3,500’’ and insert13 ing ‘‘$9,000’’.

14 (b) SPECIAL PAY FOR POST-GRADUATE TRAINING.—

15 Such section is amended by adding at the end the fol16 lowing new paragraph:

17 ‘‘(8) For a dentist who has successfully com18 pleted a post-graduate year of hospital-based train19 ing in a program accredited by the American Dental

20 Association, an annual rate of $2,000 for each of the

21 first two years of service after successful completion

22 of that training.’’.

23 (c) TENURE PAY.—The table in paragraph (2)(A) of

24 that section is amended to read as follows:
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‘‘Length of Service

Rate

Minimum Maximum

1 year but less than 2 years ................................................................... $1,000 $2,000

2 years but less than 3 years .................................................................. 4,000 5,000

4 years but less than 7 years .................................................................. 5,000 8,000

8 years but less than 11 years ................................................................ 8,000 12,000

12 years but less than 19 years .............................................................. 12,000 15,000

20 years or more ..................................................................................... 15,000 18,000.’’.

1 (d) SCARCE SPECIALTY PAY.—Paragraph (3)(A) of

2 that section is amended by striking ‘‘$20,000’’ and insert3 ing ‘‘$30,000’’.

4 (e) GEOGRAPHIC PAY.—Paragraph (6) of that sec5 tion is amended by striking ‘‘$5,000’’ and inserting

6 ‘‘$12,000’’.

7 (f) RESPONSIBILITY PAY.—(1) The table in para8 graph (4)(A) is amended to read as follows:

‘‘Position

Rate

Minimum Maximum

Chief of Staff or in an Executive Grade ................................................. $14,500 25,000

Director Grade ........................................................................................ 0 25,000

Service Chief (or in a comparable position as determined by the Secretary) ................................................................................................. 4,500 15,000.’’.

9 (2) The table in paragraph (4)(B) is amended to read

10 as follows:

‘‘Position Rate

Deputy Service Director .............................................................. $20,000

Service Director ........................................................................... 25,000

Deputy Assistant Under Secretary for Health ............................ 27,500

Assistant Under Secretary for Health (or in a comparable position as determined by the Secretary) ...................................... 30,000.’’.

11 (g) CREDITING OF INCREASED TENURE PAY FOR

12 CIVIL SERVICE RETIREMENT.—Section 7438(b) is

13 amended—

14 (1) by redesignating paragraph (5) as para15 graph (6); and
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1 (2) by inserting after paragraph (4) the fol2 lowing new paragraph:

3 ‘‘(5) Notwithstanding paragraphs (1) and (2), a den4 tist employed as a dentist in the Veterans Health Adminis5 tration on the effective date of section 102 of the Depart6 ment of Veterans Affairs Health Care Personnel Act of

7 2000 shall be entitled to have special pay paid to the den8 tist under section 7435(b)(2)(A) of this title (referred to

9 as ‘tenure pay’) considered basic pay for the purposes of

10 chapter 83 or 84, as appropriate, of title 5 only as follows:

11 ‘‘(A) In an amount equal to the amount that

12 would have been so considered under such section on

13 the day before such effective date based on the rates

14 of special pay the dentist was entitled to receive

15 under that section on the day before such effective

16 date.

17 ‘‘(B) With respect to any amount of special pay

18 received under that section in excess of the amount

19 such dentist was entitled to receive under such sec20 tion on the day before such effective date, in an

21 amount equal to 25 percent of such excess amount

22 for each two years that the physician or dentist has

23 completed as a physician or dentist in the Veterans

24 Health Administration after such effective date.’’.
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1 (h) EFFECTIVE DATE.—The amendments made by

2 this section shall apply with respect to agreements entered

3 into by dentists under subchapter III of chapter 74 of title

4 38, United States Code, on or after the later of—

5 (1) the date of the enactment of this Act; and

6 (2) October 1, 2000.

7 (i) TRANSITION.—(1) In the case of an agreement en8 tered into by a dentist under subchapter III of chapter

9 74 of title 38, United States Code, before the date of the

10 enactment of this Act that expires after the effective date

11 specified in subsection (h), the Secretary of Veterans Af12 fairs and the dentist concerned may agree to terminate

13 that agreement as of that effective date in order to permit

14 a new agreement in accordance with section 7435 of such

15 title, as amended by this section, to take effect as of that

16 effective date.

17 (2) In the case of an agreement entered into under

18 such subchapter before the date of the enactment of this

19 Act that expires during the period beginning on the date

20 of the enactment of this Act and ending on the effective

21 date specified in subsection (h)(2), an extension or renewal

22 of that agreement may not extend beyond that effective

23 date.

24 (3) In the case of a dentist who begins employment

25 with the Department of Veterans Affairs during the period
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1 beginning on the date of the enactment of this Act and

2 ending on the effective date specified in subsection (h)(2)

3 who is eligible for an agreement under subchapter III of

4 chapter 74 of title 38, United States Code, any such

5 agreement may not extend beyond that effective date.

6 SEC. 103. EXEMPTION FOR PHARMACISTS FROM CEILING

7 ON SPECIAL SALARY RATES.

8 Section 7455(c)(1) is amended by inserting ‘‘, phar9 macists,’’ after ‘‘anesthetists’’.

10 SEC. 104. PHYSICIAN ASSISTANT CONSULTANT.

11 Section 7306(f) is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph

13 (1);

14 (2) by striking the period at the end of para15 graph (2) and inserting ‘‘; and’’; and

16 (3) by adding at the end the following new

17 paragraph:

18 ‘‘(3) a physician assistant with appropriate ex19 perience (who may have a permanent duty station at

20 a Department medical care facility in reasonable

21 proximity to Washington, DC) advises the Under

22 Secretary on all matters relating to the utilization

23 and employment of physician assistants in the Ad24 ministration.’’.
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1 SEC. 105. TEMPORARY APPOINTMENT OF GRADUATES OF

2 PHYSICIAN ASSISTANT TRAINING.

3 Paragraph (2) of section 7405(c) is amended to read

4 as follows:

5 ‘‘(2) A temporary full-time appointment may not be

6 made for a period in excess of two years in the case of

7 a person who—

8 ‘‘(A) has successfully completed—

9 ‘‘(i) a full course of nursing in a recog10 nized school of nursing, approved by the Sec11 retary; or

12 ‘‘(ii) a full course of training for any cat13 egory of personnel described in paragraph (3)

14 of section 7401 of this title, or as a physician

15 assistant, in a recognized education or training

16 institution approved by the Secretary; and

17 ‘‘(B) is pending registration or licensure in a

18 State or certification by a national board recognized

19 by the Secretary.

20 TITLE II—CONSTRUCTION

21 AUTHORIZATION

22 SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY

23 PROJECTS.

24 The Secretary of Veterans Affairs may carry out the

25 following major medical facility projects, with each project

26 to be carried out in the amount specified for that project:
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1 (1) Construction of a psychogeriatric care build2 ing at the Department of Veterans Affairs Medical

3 Center, Palo Alto, California, in an amount not to

4 exceed $26,600,000.

5 (2) Construction of a utility plant and electrical

6 vault at the Department of Veterans Affairs Medical

7 Center, Miami, Florida, in an amount not to exceed

8 $23,600,000.

9 (3) Seismic corrections, clinical consolidation,

10 and other improvements at the Department of Vet11 erans Affairs Medical Center, Long Beach, Cali12 fornia, in an amount not to exceed $51,700,000.

13 SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

14 (a) IN GENERAL.—There are authorized to be appro15 priated to the Secretary of Veterans Affairs for fiscal

16 years 2001 and 2002 for the Construction, Major

17 Projects, account, $101,900,000 for the projects author18 ized in section 101.

19 (b) LIMITATION.—The projects authorized in section

20 101 may only be carried out using—

21 (1) funds appropriated for fiscal year 2001 or

22 2002 pursuant to the authorization of appropria23 tions in subsection (a);
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1 (2) funds appropriated for Construction, Major

2 Projects for a fiscal year before fiscal year 2001 that

3 remain available for obligation; and

4 (3) funds appropriated for Construction, Major

5 Projects for fiscal year 2001 or 2002 for a category

6 of activity not specific to a project.

7 TITLE III—MILITARY SERVICE

8 ISSUES

9 SEC. 301. MILITARY SERVICE HISTORY.

10 (a) MILITARY HISTORIES.—The Secretary of Vet11 erans Affairs, in carrying out the responsibilities of the

12 Secretary under chapter 17 of title 38, United States

13 Code, shall ensure that—

14 (1) a protocol is used in any clinical evaluation

15 of a patient to identify pertinent military experiences

16 and exposures that may contribute to the health sta17 tus of the patient; and

18 (2) pertinent information relating to the mili19 tary history of the patient is included in the medical

20 records of the patient.

21 (b) REPORT.—The Secretary shall submit to the

22 Committees on Veterans’ Affairs of the Senate and House

23 of Representatives a report, not later than nine months

24 after the date of the enactment of this Act, on the feasi25 bility and desirability of using a computer-based system
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1 in conducting clinical evaluations referred to in subsection

2 (a).

3 SEC. 302. STUDY OF POST-TRAUMATIC STRESS DISORDER

4 IN VIETNAM VETERANS.

5 (a) STUDY ON POST-TRAUMATIC STRESS DIS6 ORDER.—Not later than 10 months after the date of the

7 enactment of this Act, the Secretary of Veterans Affairs

8 shall enter into a contract with an appropriate entity to

9 carry out a study on post-traumatic stress disorder.

10 (b) FOLLOW-UP STUDY.—The contract under sub11 section (a) shall provide for a follow-up study to the study

12 conducted in accordance with section 102 of the Veterans

13 Health Care Amendments of 1983 (Public Law 98–160).

14 Such follow-up study shall use the data base and sample

15 of the previous study.

16 (c) INFORMATION TO BE INCLUDED.—The study

17 conducted pursuant to this section shall be designed to

18 yield information on—

19 (1) the long-term course of post-traumatic

20 stress disorder;

21 (2) any long-term medical consequences of post22 traumatic stress disorder;

23 (3) whether particular subgroups of veterans

24 are at greater risk of chronic or more severe prob25 lems with such disorder; and
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1 (4) the services used by veterans who have post2 traumatic stress disorder and the effect of those

3 services on the course of the disorder.

4 (d) REPORT.—The Secretary shall submit to the

5 Committees of Veterans’ Affairs of the Senate and House

6 of Representatives a report, no later than October 1, 2004,

7 on the results of the study under this section.

8 TITLE IV—MEDICAL

9 ADMINISTRATION MATTERS

10 SEC. 401. COORDINATION OF HOSPITAL BENEFITS PRO11 GRAM.

12 (a) IN GENERAL.—Chapter 17 is amended by insert13 ing after section 1724 the following new section:

14 ‘‘§ 1725. Coordination of hospital benefits program

15 ‘‘(a) Notwithstanding any other provision of law, the

16 Secretary may carry out a program in not more than four

17 geographic areas of the United States to improve access

18 to and coordination of inpatient care of eligible veterans.

19 Under such program, the Secretary, subject to subsection

20 (b), may pay certain costs described in subsection (b) for

21 which a veteran with health plan coverage would otherwise

22 be personally liable.

23 ‘‘(b) In carrying out the program described in sub24 section (a), the Secretary may pay the costs authorized

25 under this section for hospital care and medical services
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1 furnished on an inpatient basis in a non-Department hos2 pital to a veteran participating in the program. Such pay3 ment may cover the costs for applicable plan deductibles

4 and coinsurance and the reasonable costs of such inpatient

5 care and medical services not covered by any applicable

6 health plan, but only to the extent such care and services

7 are of the kind authorized under this chapter.

8 ‘‘(c)(1) A veteran described in paragraph (1) or (2)

9 of section 1710(a) of this title may participate in the pro10 gram if the veteran—

11 ‘‘(A) is enrolled to receive medical services from

12 an outpatient clinic operated by the Secretary which

13 is (i) within reasonable proximity to the principal

14 residence of the veteran, and (ii) located within the

15 geographic area in which the Secretary is carrying

16 out the program described in subsection (a);

17 ‘‘(B) as determined by the Secretary before the

18 hospitalization of the veteran (i) requires such hos19 pital care and services for a non-service-connected

20 condition, and (ii) could not receive such services

21 from a clinic operated by the Secretary; and

22 ‘‘(C) elects to receive such care under a health

23 plan (other than under this title) under which the

24 veteran is entitled to receive such care.
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1 ‘‘(2) Nothing in this section shall be construed to re2 duce the authority of the Secretary to contract with non3 Department facilities for care of a service-connected dis4 ability of a veteran.

5 ‘‘(d) As part of the program under this section, the

6 Secretary shall, through provision of case-management,

7 coordinate the care being furnished directly by the Sec8 retary and care furnished under the program in non-De9 partment hospitals to veterans participating in the pro10 gram.

11 ‘‘(e)(1) In designating geographic areas in which to

12 establish the program under subsection (a), the Secretary

13 shall ensure that—

14 ‘‘(A) the areas designated are geographically

15 dispersed;

16 ‘‘(B) at least 70 percent of the veterans who re17 side in a designated area reside at least two hours

18 driving distance from the closest medical center

19 (which provides medical and surgical hospital care)

20 operated by the Secretary; and

21 ‘‘(C) the establishment of the program in any

22 such area would not result in jeopardizing the viabil23 ity of a Department medical center that serves that

24 area.
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1 ‘‘(2) Notwithstanding paragraph (1)(B), the Sec2 retary may designate for participation in the program at

3 least one area which is in proximity to a Department med4 ical center which, as a result of a change in mission of

5 that center, does not provide hospital care.

6 ‘‘(f) The Secretary may limit the period of time with7 in which veterans who were not enrolled for Department

8 care at an outpatient clinic described in subsection

9 (c)(1)(A) as of October 1, 2000, may be enrolled to par10 ticipate in the program.

11 ‘‘(g)(1) Not later than 12 months after implementing

12 the program under subsection (a) at any one site, the Sec13 retary shall submit to the Committees on Veterans’ Affairs

14 of the Senate and House of Representatives a report on

15 the experience in implementing such program.

16 ‘‘(2) Not later than three years after implementing

17 the program at any one site, the Secretary shall submit

18 to such committees a report on the first two years’ experi19 ence in operating the program. The report shall include—

20 ‘‘(A) a comparison of the costs incurred by the

21 Secretary under the program and the cost experience

22 for the calendar year preceding establishment of the

23 program at each such site;

24 ‘‘(B) an assessment of the satisfaction of the

25 participants in the program; and
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1 ‘‘(C) an analysis of the effect of the program on

2 access and quality of care for veterans.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by inserting

5 after the item relating to section 1724 the following new

6 item:

‘‘1725. Coordination of benefits program.’’.

7 SEC. 402. BENEFITS FOR PERSONS DISABLED BY PARTICI8 PATION IN COMPENSATED WORK THERAPY

9 PROGRAM.

10 Section 1151(a)(2) is amended—

11 (1) by inserting ‘‘(A)’’ after ‘‘proximately

12 caused’’; and

13 (2) by inserting before the period at the end the

14 following: ‘‘, or (B) by participation in a program

15 (known as a ‘compensated work therapy program’)

16 under section 1718 of this title’’.

17 SEC. 403. EXTENSION OF AUTHORITY TO ESTABLISH RE18 SEARCH AND EDUCATION CORPORATIONS.

19 Section 7368 is amended by striking ‘‘December 31,

20 2000’’ and inserting ‘‘December 31, 2005’’.

21 SEC. 404. DEPARTMENT OF VETERANS AFFAIRS FISHER

22 HOUSES.

23 (a) AUTHORITY.—Subchapter I of chapter 17 of title

24 38, United States Code, is amended by adding at the end

25 the following new section:
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1 ‘‘§ 1708. Temporary lodging

2 ‘‘(a) The Secretary may furnish persons described in

3 subsection (b) with temporary lodging in a Fisher house

4 or other appropriate facility in connection with the exam5 ination, treatment, or care of a veteran under this chapter

6 or, as provided for under subsection (e)(5), in connection

7 with benefits administered under this title.

8 ‘‘(b) Persons to whom the Secretary may provide

9 lodging under subsection (a) are the following:

10 ‘‘(1) A veteran who must travel a significant

11 distance to receive care or services under this title.

12 ‘‘(2) A member of the family of a veteran and

13 others who accompany a veteran and provide the

14 equivalent of familial support for such veteran.

15 ‘‘(c) In this section, the term ‘Fisher house’ means

16 a housing facility that—

17 ‘‘(1) is located at, or in proximity to, a Depart18 ment medical facility;

19 ‘‘(2) is available for residential use on a tem20 porary basis by patients of that facility and others

21 described in subsection (b)(2); and

22 ‘‘(3) is constructed by, and donated to the Sec23 retary by, the Zachary and Elizabeth M. Fisher

24 Armed Services Foundation.

25 ‘‘(d) The Secretary may establish charges for pro26 viding lodging under this section. The proceeds from such
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1 charges shall be credited to the medical care account and

2 shall be available until expended for the purposes of pro3 viding such lodging.

4 ‘‘(e) The Secretary shall prescribe regulations to

5 carry out this section. Such regulations shall include

6 provisions—

7 ‘‘(1) limiting the duration of such lodging;

8 ‘‘(2) establishing standards and criteria under

9 which medical facilities may set charges for such

10 lodging;

11 ‘‘(3) establishing criteria for persons considered

12 to be accompanying a veteran;

13 ‘‘(4) establishing criteria for the use of such

14 premises; and

15 ‘‘(5) any other limitations, conditions, and pri16 orities that the Secretary considers appropriate with

17 respect to temporary lodging under this section.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by inserting

20 after the item relating to section 1707 the following new

21 item:

‘‘1708. Temporary lodging.’’.

22 SEC. 405. EXTENSION OF ANNUAL REPORT OF COMMITTEE

23 ON MENTALLY ILL VETERANS.

24 Section 7321(d)(2) is amended by striking ‘‘three’’

25 and inserting ‘‘six’’.
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1 SEC. 406. EXCEPTION TO RECAPTURE RULE.

2 Section 8136 is amended—

3 (1) by inserting ‘‘(a)’’ at the beginning of the

4 text of the section; and

5 (2) by adding at the end the following new sub6 section:

7 ‘‘(b) The establishment and operation by the Sec8 retary of an outpatient clinic in facilities described in sub9 section (a) shall not constitute grounds entitling the

10 United States to any recovery under that subsection.’’.

11 SEC. 407. CHANGE TO ENHANCED USE LEASE CONGRES12 SIONAL NOTIFICATION PERIOD.

13 Paragraph (2) of section 8163(c) is amended to read

14 as follows:

15 ‘‘(2) The Secretary may not enter into an enhanced

16 use lease until the end of the 90-day period beginning on

17 the date of the submission of notice under paragraph

18 (1).’’.

19 SEC. 408. TECHNICAL AND CONFORMING CHANGES.

20 (a) REQUIREMENT TO PROVIDE CARE.—Section

21 1710A(a) is amended by inserting ‘‘(subject to section

22 1710(a)(4) of this title)’’ after ‘‘Secretary’’.

23 (b) CONFORMING AMENDMENT.—Section 1710(a)(4)

24 is amended by striking ‘‘requirement in’’ and inserting

25 ‘‘requirements in section 1710A(a) and’’.
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1 SEC. 409. NAME OF DEPARTMENT OF VETERANS AFFAIRS

2 OUTPATIENT CLINIC, ROME, NEW YORK.

3 The Department of Veterans Affairs outpatient clinic

4 located at 125 Brookley Drive, Rome, New York, shall

5 after the date of the enactment of this Act be known and

6 designated as the ‘‘Donald J. Mitchell Department of Vet7 erans Affairs Outpatient Clinic’’. Any reference to such

8 outpatient clinic in any law, regulation, map, document,

9 record, or other paper of the United States shall be consid10 ered to be a reference to the Donald J. Mitchell Depart11 ment of Veterans Affairs Outpatient Clinic.

12 SEC. 410. RELEASE OF REVERSIONARY INTEREST OF THE

13 UNITED STATES IN CERTAIN REAL PROPERTY

14 PREVIOUSLY CONVEYED TO THE STATE OF

15 TENNESSEE.

16 (a) RELEASE OF INTEREST.—The Secretary of Vet17 erans Affairs shall execute such legal instruments as nec18 essary to release the reversionary interest of the United

19 States described in subsection (b) in a certain parcel of

20 real property conveyed to the State of Tennessee pursuant

21 to the Act entitled ‘‘An Act authorizing the transfer of

22 certain property of the Veterans’ Administration (in John23 son City, Tennessee) to the State of Tennessee’’, approved

24 June 6, 1953 (67 Stat. 54).

25 (b) SPECIFIED REVERSIONARY INTEREST.—Sub26 section (a) applies to the reversionary interest of the
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1 United States required under section 2 of the Act referred

2 to in subsection (a), requiring use of the property con3 veyed pursuant to that Act to be primarily for training

4 of the National Guard and for other military purposes.

5 (c) CONFORMING AMENDMENT.—Section 2 of such

6 Act is repealed.

Æ