106TH CONGRESS

2D SESSION H. R. 5109

AN ACT

To amend title 38, United States Code, to improve

the personnel system of the Veterans Health Administration, and for other purposes.

106TH CONGRESS

2D SESSION H. R. 5109

AN ACT

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Department of Veterans Affairs Health Care Personnel

4 Act of 2000’’.

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

6 this Act is as follows:

Sec. 1. Short title; table of contents.

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

TITLE I—PERSONNEL MATTERS

Sec. 101. Annual national pay comparability adjustment for nurses employed

by 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 adviser to Under Secretary for Health.

Sec. 105. Temporary full-time appointments of certain medical personnel.

Sec. 106. Qualifications of social workers.

Sec. 107. Extension of voluntary separation incentive payments.

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

Sec. 401. Pilot program for coordination of hospital benefits.

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 Affairs 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. Release of reversionary interest of the United States in certain real

property previously conveyed to the State of Tennessee.

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

8 Except as otherwise expressly provided, whenever in

9 this Act an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of title 38, United States Code.

4 TITLE I—PERSONNEL MATTERS

5 SEC. 101. ANNUAL NATIONAL PAY COMPARABILITY AD6 JUSTMENT FOR NURSES EMPLOYED BY DE7 PARTMENT OF VETERANS AFFAIRS.

8 (a) REVISED PAY ADJUSTMENT PROCEDURES.—Sec9 tion 7451 is amended—

10 (1) in subsection (d)—

11 (A) in paragraph (1)—

12 (i) by striking ‘‘The rates’’ and insert13 ing ‘‘Subject to subsection (e), the rates’’;

14 and

15 (ii) in subparagraph (A), by inserting

16 ‘‘and to be by the same percentage’’ after

17 ‘‘to have the same effective date’’;

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

19 in the second sentence and inserting ‘‘Except as

20 provided in paragraph (1)(A), such’’;

21 (C) in paragraph (3)(B)—

22 (i) by inserting after the first sentence

23 the following new sentence: ‘‘To the extent

24 practicable, the director shall use third-
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1 party industry wage surveys to meet the

2 requirements of the preceding sentence.’’;

3 (ii) by inserting before the penul4 timate sentence the following new sentence:

5 ‘‘To the extent practicable, all surveys con6 ducted pursuant to this subparagraph or

7 subparagraph (A) shall include the collec8 tion of salary midpoints, actual salaries,

9 lowest and highest salaries, average sala10 ries, bonuses, incentive pays, differential

11 pays, actual beginning rates of pay and

12 such other information needed to meet the

13 purpose of this section.’’; and

14 (iii) in the penultimate sentence, by

15 inserting ‘‘or published’’ after ‘‘com16 pleted’’;

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

18 (3)(C);

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

20 following:

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

22 subsection (d) may not reduce the rate of basic pay appli23 cable to any grade of a covered position.

24 ‘‘(2) The director of a Department health-care facil25 ity, in determining whether to carry out a wage survey
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1 under subsection (d)(3) with respect to rates of basic pay

2 for a grade of a covered position, may not consider as a

3 factor in such determination the absence of a current re4 cruitment or retention problem for personnel in that grade

5 of that position. The director shall make such a deter6 mination based upon whether, in accordance with criteria

7 established by the Secretary, there is a significant pay8 related staffing problem at that facility in any grade for

9 a position. If the director determines that there is such

10 a problem, or that such a problem is likely to exist in the

11 near future, the Director shall provide for a wage survey

12 in accordance with paragraph (3) of subsection (d).

13 ‘‘(3) The Under Secretary for Health may, to the ex14 tent necessary to carry out the purposes of subsection (d),

15 modify any determination made by the director of a De16 partment health-care facility with respect to adjusting the

17 rates of basic pay applicable to covered positions. Upon

18 such action by the Under Secretary, any adjustment shall

19 take effect on the first day of the first pay period begin20 ning after such action. The Secretary shall ensure that

21 the Under Secretary establishes a mechanism for the exer22 cise of the authority in the preceding sentence.

23 ‘‘(4) Each director of a Department health-care facil24 ity shall provide to the Secretary, not later than July 31
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1 each year, a report on staffing for covered positions at

2 that facility. The report shall include the following:

3 ‘‘(A) Information on turnover rates and vacancy

4 rates for each grade in a covered position, including

5 a comparison of those rates with the rates for the

6 preceding three years.

7 ‘‘(B) The director’s findings concerning the re8 view and evaluation of the facility’s staffing situa9 tion, including whether there is, or is likely to be, in

10 accordance with criteria established by the Sec11 retary, a significant pay-related staffing problem at

12 that facility for any grade of a covered position and,

13 if so, whether a wage survey was conducted, or will

14 be conducted with respect to that grade.

15 ‘‘(C) In any case in which the director conducts

16 such a wage survey during the period covered by the

17 report, information describing the survey and any

18 actions taken or not taken based on the survey, and

19 the reasons for taking (or not taking) such actions.

20 ‘‘(D) In any case in which the director, after

21 finding that there is, or is likely to be, in accordance

22 with criteria established by the Secretary, a signifi23 cant pay-related staffing problem at that facility for

24 any grade of a covered position, determines not to

25 conduct a wage survey with respect to that position,
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1 a statement of the reasons why the director did not

2 conduct such a survey.

3 ‘‘(5) Not later than September 30 of each year, the

4 Secretary shall submit to the Committees on Veterans’ Af5 fairs of the Senate and House of Representatives a report

6 on staffing for covered positions at Department healthcare

7 facilities. Each such report shall include the following:

8 ‘‘(A) A summary and analysis of the informa9 tion contained in the most recent reports submitted

10 by facility directors under paragraph (4).

11 ‘‘(B) The information for each such facility

12 specified in paragraph (4).’’;

13 (3) in subsection (f)—

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

15 1992, and 1993’’ and inserting ‘‘March 1 of

16 each year’’; and

17 (B) by striking ‘‘subsection (d)(1)(A)’’ and

18 inserting ‘‘subsection (d)’’; and

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

20 subsection (h) as subsection (g).

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

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

23 end the following new section:

24 ‘‘§ 7323. Required consultations with nurses

25 ‘‘The Under Secretary for Health shall ensure that—
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1 ‘‘(1) the director of a geographic service area,

2 in formulating policy relating to the provision of pa3 tient care, shall consult regularly with a senior nurse

4 executive or senior nurse executives; and

5 ‘‘(2) the director of a medical center shall, to

6 the extent feasible, include a registered nurse as a

7 member of any committee used at that medical cen8 ter to provide recommendations or decisions on med9 ical center operations or policy affecting clinical

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

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

12 chapter is amended by inserting after the item relating

13 to section 7322 the following new item:

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

14 SEC. 102. SPECIAL PAY FOR DENTISTS.

15 (a) FULL-TIME STATUS PAY.—Paragraph (1) of sec16 tion 7435(b) is amended by striking ‘‘$3,500’’ and insert17 ing ‘‘$9,000’’.

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

19 Such section is amended by adding at the end the fol20 lowing new paragraph:

21 ‘‘(8) For a dentist who has successfully com22 pleted a post-graduate year of hospital-based train23 ing in a program accredited by the American Dental

24 Association, an annual rate of $2,000 for each of the
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1 first two years of service after successful completion

2 of that training.’’.

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

4 that section is amended to read as follows:

‘‘Length of Service

Rate

Minimum Maximum

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

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

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

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

12 years but less than 20 years ............................. 12,000 15,000

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

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

6 that section is amended by striking ‘‘$20,000’’ and insert7 ing ‘‘$30,000’’.

8 (e) GEOGRAPHIC PAY.—Paragraph (6) of that sec9 tion is amended by striking ‘‘$5,000’’ and inserting

10 ‘‘$12,000’’.

11 (f) RESPONSIBILITY PAY.—(1) The table in para12 graph (4)(A) of that section 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.’’.

13 (2) The table in paragraph (4)(B) of that section is

14 amended to read as follows:

‘‘Position Rate

Deputy Service Director ................................................................. $20,000
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‘‘Position Rate

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.’’.

1 (g) CREDITING OF INCREASED TENURE PAY FOR

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

3 amended—

4 (1) by redesignating paragraph (5) as para5 graph (6); and

6 (2) by inserting after paragraph (4) the fol7 lowing new paragraph:

8 ‘‘(5) Notwithstanding paragraphs (1) and (2), a den9 tist employed as a dentist in the Veterans Health Adminis10 tration on the effective date of section 102 of the Depart11 ment of Veterans Affairs Health Care Personnel Act of

12 2000 shall be entitled to have special pay paid to the den13 tist under section 7435(b)(2)(A) of this title (referred to

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

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

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

17 would have been so considered under such section on

18 the day before such effective date based on the rates

19 of special pay the dentist was entitled to receive

20 under that section on the day before such effective

21 date.
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1 ‘‘(B) With respect to any amount of special pay

2 received under that section in excess of the amount

3 such dentist was entitled to receive under such sec4 tion on the day before such effective date, in an

5 amount equal to 25 percent of such excess amount

6 for each two years that the physician or dentist has

7 completed as a physician or dentist in the Veterans

8 Health Administration after such effective date.’’.

9 (h) EFFECTIVE DATE.—The amendments made by

10 this section shall apply with respect to agreements entered

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

12 38, United States Code, on or after the later of—

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

14 (2) October 1, 2000.

15 (i) TRANSITION.—(1) In the case of an agreement en16 tered into by a dentist under subchapter III of chapter

17 74 of title 38, United States Code, before the date of the

18 enactment of this Act that expires after the effective date

19 specified in subsection (h), the Secretary of Veterans Af20 fairs and the dentist concerned may agree to terminate

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

22 a new agreement in accordance with section 7435 of such

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

24 effective date.
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1 (2) In the case of an agreement entered into under

2 such subchapter before the date of the enactment of this

3 Act that expires during the period beginning on the date

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

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

6 of that agreement may not extend beyond that effective

7 date.

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

9 with the Department of Veterans Affairs during the period

10 beginning on the date of the enactment of this Act and

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

12 who is eligible for an agreement under subchapter III of

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

14 agreement may not extend beyond that effective date.

15 SEC. 103. EXEMPTION FOR PHARMACISTS FROM CEILING

16 ON SPECIAL SALARY RATES.

17 Section 7455(c)(1) is amended by inserting ‘‘, phar18 macists,’’ after ‘‘anesthetists’’.

19 SEC. 104. PHYSICIAN ASSISTANT ADVISER TO UNDER SEC20 RETARY FOR HEALTH.

21 Section 7306(f) is amended—

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

23 (1);

24 (2) by striking the period at the end of para25 graph (2) and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new

2 paragraph:

3 ‘‘(3) a physician assistant with appropriate ex4 perience (who may have a permanent duty station at

5 a Department medical care facility in reasonable

6 proximity to Washington, DC) advises the Under

7 Secretary on all matters relating to the utilization

8 and employment of physician assistants in the Ad9 ministration.’’.

10 SEC. 105. TEMPORARY FULL-TIME APPOINTMENTS OF CER11 TAIN MEDICAL PERSONNEL.

12 (a) PHYSICIAN ASSISTANTS AWAITING CERTIFI13 CATION OR LICENSURE.—Paragraph (2) of section

14 7405(c) is amended to read as follows:

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

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

17 a person who—

18 ‘‘(A) has successfully completed—

19 ‘‘(i) a full course of nursing in a recog20 nized school of nursing, approved by the Sec21 retary; or

22 ‘‘(ii) a full course of training for any cat23 egory of personnel described in paragraph (3)

24 of section 7401 of this title, or as a physician
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1 assistant, in a recognized education or training

2 institution approved by the Secretary; and

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

4 State or certification by a national board recognized

5 by the Secretary.’’.

6 (b) MEDICAL SUPPORT PERSONNEL.—That section

7 is further amended—

8 (1) by redesignating paragraph (3) as para9 graph (4); and

10 (2) by inserting after paragraph (2) the fol11 lowing new paragraph (3):

12 ‘‘(3)(A) Temporary full-time appointments of persons

13 in positions referred to in subsection (a)(1)(D) shall not

14 exceed three years.

15 ‘‘(B) Temporary full-time appointments under this

16 paragraph may be renewed for one or more additional pe17 riods not in excess of three years each.’’.

18 SEC. 106. QUALIFICATIONS OF SOCIAL WORKERS.

19 Section 7402(b)(9) is amended by striking ‘‘a person

20 must’’ and all that follows and inserting ‘‘a person must—

21 ‘‘(A) hold a master’s degree in social work from

22 a college or university approved by the Secretary;

23 and

24 ‘‘(B) be licensed or certified to independently

25 practice social work in a State, except that the Sec-
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1 retary may waive the requirement of licensure or

2 certification for an individual social worker for a

3 reasonable period of time recommended by the

4 Under Secretary for Health.’’.

5 SEC. 107. EXTENSION OF VOLUNTARY SEPARATION INCEN6 TIVE PAYMENTS.

7 The Department of Veterans Affairs Employment

8 Reduction Assistance Act of 1999 (title XI of Public Law

9 106–117; 5 U.S.C. 5597 note) is amended as follows:

10 (1) Section 1102(c) is amended to read as fol11 lows:

12 ‘‘(c) LIMITATION.—The plan under subsection (a)

13 shall be limited to 8,110 positions within the Depart14 ment.’’.

15 (2) Section 1105(a) is amended by striking ‘‘26

16 percent’’ and inserting ‘‘15 percent’’.

17 (3) Section 1109(a) is amended by striking

18 ‘‘December 31, 2000’’ and inserting ‘‘December 31,

19 2002’’.

20 TITLE II—CONSTRUCTION

21 AUTHORIZATION

22 SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY

23 PROJECTS.

24 (a) FISCAL YEAR 2001 PROJECTS.—The Secretary

25 of Veterans Affairs may carry out the following major
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1 medical facility projects, with each project to be carried

2 out in the amount specified for that project:

3 (1) Construction of a psychogeriatric care build4 ing at the Department of Veterans Affairs Medical

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

6 exceed $26,600,000.

7 (2) Construction of a utility plant and electrical

8 vault at the Department of Veterans Affairs Medical

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

10 $23,600,000.

11 (3) Seismic corrections, clinical consolidation,

12 and other improvements at the Department of Vet13 erans Affairs Medical Center, Long Beach, Cali14 fornia, in an amount not to exceed $51,700,000.

15 (b) ADDITIONAL FISCAL YEAR 2000 PROJECT.—The

16 Secretary is authorized to carry out a project for the ren17 ovation of psychiatric nursing units at the Department of

18 Veterans Affairs Medical Center, Murfreesboro, Ten19 nessee, in an amount not to exceed $14,000,000.

20 SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

21 (a) IN GENERAL.—There are authorized to be appro22 priated to the Secretary of Veterans Affairs for fiscal

23 years 2001 and 2002 for the Construction, Major

24 Projects, account, $101,900,000 for the projects author25 ized in section 101(a).
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1 (b) LIMITATION.—The projects authorized in section

2 101(a) may only be carried out using—

3 (1) funds appropriated for fiscal year 2001 or

4 2002 pursuant to the authorization of appropria5 tions in subsection (a);

6 (2) funds appropriated for Construction, Major

7 Projects for a fiscal year before fiscal year 2001 that

8 remain available for obligation; and

9 (3) funds appropriated for Construction, Major

10 Projects for fiscal year 2001 or 2002 for a category

11 of activity not specific to a project.

12 TITLE III—MILITARY SERVICE

13 ISSUES

14 SEC. 301. MILITARY SERVICE HISTORY.

15 (a) MILITARY HISTORIES.—The Secretary of Vet16 erans Affairs, in carrying out the responsibilities of the

17 Secretary under chapter 17 of title 38, United States

18 Code, shall ensure that—

19 (1) during at least one clinical evaluation of a

20 patient in a facility of the Department, a protocol is

21 used to identify pertinent military experiences and

22 exposures of the patient that may contribute to the

23 health status of the patient; and
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1 (2) pertinent information relating to the mili2 tary history of the patient is included in the Depart3 ment’s medical records of the patient.

4 (b) REPORT.—Not later than nine months after the

5 date of the enactment of this Act, the Secretary shall sub6 mit to the Committees on Veterans’ Affairs of the Senate

7 and House of Representatives a report on the feasibility

8 and desirability of using a computer-based system in con9 ducting clinical evaluations referred to in subsection

10 (a)(1).

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

12 IN VIETNAM VETERANS.

13 (a) STUDY ON POST-TRAUMATIC STRESS DIS14 ORDER.—Not later than 10 months after the date of the

15 enactment of this Act, the Secretary of Veterans Affairs

16 shall enter into a contract with an appropriate entity to

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

18 (b) FOLLOW-UP STUDY.—The contract under sub19 section (a) shall provide for a follow-up study to the study

20 conducted in accordance with section 102 of the Veterans

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

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

23 of the previous study.
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1 (c) INFORMATION TO BE INCLUDED.—The study

2 conducted pursuant to this section shall be designed to

3 yield information on—

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

5 stress disorder;

6 (2) any long-term medical consequences of post7 traumatic stress disorder;

8 (3) whether particular subgroups of veterans

9 are at greater risk of chronic or more severe prob10 lems with such disorder; and

11 (4) the services used by veterans who have post12 traumatic stress disorder and the effect of those

13 services on the course of the disorder.

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

15 Committees of Veterans’ Affairs of the Senate and House

16 of Representatives a report on the results of the study

17 under this section. The report shall be submitted no later

18 than October 1, 2004.

19 TITLE IV—MEDICAL

20 ADMINISTRATION

21 SEC. 401. PILOT PROGRAM FOR COORDINATION OF HOS22 PITAL BENEFITS.

23 (a) IN GENERAL.—Chapter 17 is amended by insert24 ing after section 1725 the following new section:
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1 ‘‘§ 1725A. Coordination of hospital benefits: pilot pro2 gram

3 ‘‘(a) The Secretary may carry out a pilot program

4 in not more than four geographic areas of the United

5 States to improve access to, and coordination of, inpatient

6 care of eligible veterans. Under the pilot program, the Sec7 retary, subject to subsection (b), may pay certain costs

8 described in subsection (b) for which an eligible veteran

9 would otherwise be personally liable. The authority to

10 carry out the pilot program shall expire on September 30,

11 2005.

12 ‘‘(b) In carrying out the program described in sub13 section (a), the Secretary may pay the costs authorized

14 under this section for hospital care and medical services

15 furnished on an inpatient basis in a non-Department hos16 pital to an eligible veteran participating in the program.

17 Such payment may cover the costs for applicable plan

18 deductibles and coinsurance and the reasonable costs of

19 such inpatient care and medical services not covered by

20 any applicable health-care plan of the veteran, but only

21 to the extent such care and services are of the kind author22 ized under this chapter. The Secretary shall limit the care

23 and services for which payment may be made under the

24 program to general medical and surgical services and shall

25 require that such services may be provided only upon

26 preauthorization by the Secretary.
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1 ‘‘(c)(1) A veteran described in paragraph (1) or (2)

2 of section 1710(a) of this title is eligible to participate in

3 the pilot program if the veteran—

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

5 an outpatient clinic operated by the Secretary which

6 is (i) within reasonable proximity to the principal

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

8 geographic area in which the Secretary is carrying

9 out the program described in subsection (a);

10 ‘‘(B) has received care under this chapter with11 in the 24-month period preceding the veteran’s ap12 plication for enrollment in the pilot program;

13 ‘‘(C) as determined by the Secretary before the

14 hospitalization of the veteran (i) requires such hos15 pital care and services for a non-service-connected

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

17 from a clinic operated by the Secretary; and

18 ‘‘(D) elects to receive such care under a health19 care plan (other than under this title) under which

20 the veteran is entitled to receive such care.

21 ‘‘(2) Nothing in this section shall be construed to re22 duce the authority of the Secretary to contract with non23 Department facilities for care of a service-connected dis24 ability of a veteran.
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1 ‘‘(3) Notwithstanding subparagraph (D) of para2 graph (1), the Secretary shall ensure that not less than

3 15 percent of the veterans participating in the program

4 are veterans who do not have a health-care plan.

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 op19 erated by the Secretary which provides medical and

20 surgical hospital care; and

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

22 such area would not result in jeopardizing the crit23 ical mass of patients needed to maintain a Depart24 ment medical center that serves that 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)(1) Not later than September 30, 2002, the Sec7 retary shall submit to the Committees on Veterans’ Affairs

8 of the Senate and House of Representatives a report on

9 the experience in implementing the pilot program under

10 subsection (a).

11 ‘‘(2) Not later than September 30, 2004, the Sec12 retary shall submit to those committees a report on the

13 experience in operating the pilot program during the first

14 two full fiscal years during which the pilot program is con15 ducted. That report shall include—

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

17 Secretary under the program and the cost experience

18 for the calendar year preceding establishment of the

19 program at each site at which the program is oper20 ated;

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

22 participants in the program; and

23 ‘‘(C) an analysis of the effect of the program on

24 access and quality of care for veterans.
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1 ‘‘(g) The total amount expended for the pilot pro2 gram in any fiscal year (including amounts for administra3 tive costs) may not exceed $50,000,000.

4 ‘‘(h) For purposes of this section, the term ‘health5 care plan’ has the meaning given that term in section

6 1725(f)(3) of this title.’’.

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

8 at the beginning of such chapter is amended by inserting

9 after the item relating to section 1725 the following new

10 item:

‘‘1725A. Coordination of hospital benefits: pilot program.’’.

11 SEC. 402. BENEFITS FOR PERSONS DISABLED BY PARTICI12 PATION IN COMPENSATED WORK THERAPY

13 PROGRAM.

14 Section 1151(a)(2) is amended—

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

16 caused’’; and

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

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

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

20 under section 1718 of this title’’.

21 SEC. 403. EXTENSION OF AUTHORITY TO ESTABLISH RE22 SEARCH AND EDUCATION CORPORATIONS.

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

24 2000’’ and inserting ‘‘December 31, 2005’’.
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1 SEC. 404. DEPARTMENT OF VETERANS AFFAIRS FISHER

2 HOUSES.

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

4 38, United States Code, is amended by adding at the end

5 the following new section:

6 ‘‘§ 1708. Temporary lodging

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

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

9 or other appropriate facility in connection with the exam10 ination, treatment, or care of a veteran under this chapter

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

12 with benefits administered under this title.

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

14 lodging under subsection (a) are the following:

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

16 distance to receive care or services under this title.

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

18 others who accompany a veteran and provide the

19 equivalent of familial support for such veteran.

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

21 a housing facility that—

22 ‘‘(1) is located at, or in proximity to, a Depart23 ment medical facility;

24 ‘‘(2) is available for residential use on a tem25 porary basis by patients of that facility and others

26 described in subsection (b)(2); and
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1 ‘‘(3) is constructed by, and donated to the Sec2 retary by, the Zachary and Elizabeth M. Fisher

3 Armed Services Foundation.

4 ‘‘(d) The Secretary may establish charges for pro5 viding lodging under this section. The proceeds from such

6 charges shall be credited to the medical care account and

7 shall be available until expended for the purposes of pro8 viding such lodging.

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

10 carry out this section. Such regulations shall include

11 provisions—

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

13 ‘‘(2) establishing standards and criteria under

14 which medical facilities may set charges for such

15 lodging;

16 ‘‘(3) establishing criteria for persons considered

17 to be accompanying a veteran;

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

19 premises; and

20 ‘‘(5) any other limitations, conditions, and pri21 orities that the Secretary considers appropriate with

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

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

24 at the beginning of such chapter is amended by inserting
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1 after the item relating to section 1707 the following new

2 item:

‘‘1708. Temporary lodging.’’.

3 SEC. 405. EXTENSION OF ANNUAL REPORT OF COMMITTEE

4 ON MENTALLY ILL VETERANS.

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

6 and inserting ‘‘six’’.

7 SEC. 406. EXCEPTION TO RECAPTURE RULE.

8 Section 8136 is amended—

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

10 text of the section; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(b) The establishment and operation by the Sec14 retary of an outpatient clinic in facilities described in sub15 section (a) shall not constitute grounds entitling the

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

17 SEC. 407. CHANGE TO ENHANCED USE LEASE CONGRES18 SIONAL NOTIFICATION PERIOD.

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

20 as follows:

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

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

23 the date of the submission of notice under paragraph

24 (1).’’.
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1 SEC. 408. TECHNICAL AND CONFORMING CHANGES.

2 (a) REQUIREMENT TO PROVIDE CARE.—Section

3 1710A(a) is amended by inserting ‘‘(subject to section

4 1710(a)(4) of this title)’’ after ‘‘Secretary’’ the first place

5 it appears.

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

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

8 ‘‘requirements in section 1710A(a) and’’.

9 SEC. 409. RELEASE OF REVERSIONARY INTEREST OF THE

10 UNITED STATES IN CERTAIN REAL PROPERTY

11 PREVIOUSLY CONVEYED TO THE STATE OF

12 TENNESSEE.

13 (a) RELEASE OF INTEREST.—The Secretary of Vet14 erans Affairs shall execute such legal instruments as nec15 essary to release the reversionary interest of the United

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

17 real property conveyed to the State of Tennessee pursuant

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

19 certain property of the Veterans’ Administration (in John20 son City, Tennessee) to the State of Tennessee’’, approved

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

22 (b) SPECIFIED REVERSIONARY INTEREST.—Sub23 section (a) applies to the reversionary interest of the

24 United States required under section 2 of the Act referred

25 to in subsection (a), requiring use of the property con-
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1 veyed pursuant to that Act to be primarily for training

2 of the National Guard and for other military purposes.

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

4 Act is repealed.

Passed the House of Representatives September 21,

2000.

Attest:

Clerk.