I

106TH CONGRESS

2D SESSION H. R. 5109

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

SEPTEMBER 6, 2000

Mr. STEARNS (for himself, Mr. GUTIERREZ, Mr. STUMP, and Mr. EVANS) 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 advisers 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 temporary early retirement authority.

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 Affair Fisher Houses.

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

Sec. 406. Exception of recapture rule.

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

Sec. 408. Technical and conforming changes.

Sec. 409. Appointment of Veterans Benefits Administration claims examiners

(also titled Veterans Service Representatives) on a fee basis.

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. ANNUAL NATIONAL PAY COMPARABILITY AD3 JUSTMENT FOR NURSES EMPLOYED BY DE4 PARTMENT OF VETERANS AFFAIRS.

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

7 (1) in subsection (d)—

8 (A) in paragraph (1)—

9 (i) by striking ‘‘The rates’’ and insert10 ing ‘‘Subject to subsection (e), the rates’’;

11 and

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

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

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

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

16 in the second sentence and inserting ‘‘Except as

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

18 (C) in paragraph (3)(B)—

19 (i) by inserting after the first sentence

20 the following new sentence: ‘‘To the extent

21 practicable, the director shall use third22 party industry wage surveys to meet the

23 requirements of the preceding sentence.’’;

24 (ii) by inserting before the penul25 timate sentence the following new sentence:
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1 ‘‘To the extent practicable, all surveys con2 ducted pursuant to this subparagraph or

3 subparagraph (A) shall include the collec4 tion of salary midpoints, actual salaries,

5 lowest and highest salaries, average sala6 ries, bonuses, incentive pays, differential

7 pays, actual beginning rates of pay and

8 such other information needed to meet the

9 purpose of this section.’’; and

10 (iii) in the penultimate sentence, by

11 inserting ‘‘or published’’ after ‘‘com12 pleted’’;

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

14 (3)(C);

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

16 following:

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

18 subsection (d) may not reduce the rate of basic pay appli19 cable to any grade of a covered position.

20 ‘‘(2) The director of a Department health-care facil21 ity, in determining whether to carry out a wage survey

22 under subsection (d)(3) with respect to rates of basic pay

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

24 factor in such determination the absence of a current re25 cruitment or retention problem for personnel in that grade
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1 of that position. The director shall make such a deter2 mination based upon whether, in accordance with criteria

3 established by the Secretary, there is a significant pay4 related staffing problem at that facility in any grade for

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

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

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

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

9 ‘‘(3) The Under Secretary for Health may, to the ex10 tent necessary to carry out the purposes of subsection (d),

11 modify any determination made by the director of a De12 partment health-care facility with respect to adjusting the

13 rates of basic pay applicable to covered positions. Upon

14 such action by the Under Secretary, any adjustment shall

15 take effect on the first day of the first pay period begin16 ning after such action. The Secretary shall ensure that

17 the Under Secretary establishes a mechanism for the exer18 cise of the authority in the preceding sentence.

19 ‘‘(4) Each director of a Department health-care facil20 ity shall provide to the Secretary, not later than July 31

21 each year, a report on staffing for covered positions at

22 that facility. The report shall include the following:

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

24 rates for each grade in a covered position, including
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1 a comparison of those rates with the rates for the

2 preceding three years.

3 ‘‘(B) The director’s findings concerning the re4 view and evaluation of the facility’s staffing situa5 tion, including whether there is, or is likely to be, in

6 accordance with criteria established by the Sec7 retary, a significant pay-related staffing problem at

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

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

10 be conducted with respect to that grade.

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

12 such a wage survey during the period covered by the

13 report, information describing the survey and any

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

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

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

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

18 with criteria established by the Secretary, a signifi19 cant pay-related staffing problem at that facility for

20 any grade of a covered position, determines not to

21 conduct a wage survey with respect to that position,

22 a statement of the reasons why the director did not

23 conduct such a survey.

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

25 Secretary shall submit to the Committees on Veterans’ Af-
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1 fairs of the Senate and House of Representatives a report

2 on staffing for covered positions at Department healthcare

3 facilities. Each such report shall include the following:

4 ‘‘(A) A summary and analysis of the informa5 tion contained in the most recent reports submitted

6 by facility directors under paragraph (4).

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

8 specified in paragraph (4).’’;

9 (3) in subsection (f)—

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

11 1992, and 1993’’ and inserting ‘‘March 1 of

12 each year’’; and

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

14 inserting ‘‘subsection (d)’’; and

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

16 subsection (h) as subsection (g).

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

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

19 end the following new section:

20 ‘‘§ 7323. Required consultations with nurses

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

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

23 in formulating policy relating to the provision of pa24 tient care, shall consult regularly with a senior nurse

25 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.’’.
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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.

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

23 received under that section in excess of the amount

24 such dentist was entitled to receive under such sec25 tion on the day before such effective date, in an
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1 amount equal to 25 percent of such excess amount

2 for each two years that the physician or dentist has

3 completed as a physician or dentist in the Veterans

4 Health Administration after such effective date.’’.

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

6 this section shall apply with respect to agreements entered

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

8 38, United States Code, on or after the later of—

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

10 (2) October 1, 2000.

11 (i) TRANSITION.—(1) In the case of an agreement en12 tered into by a dentist under subchapter III of chapter

13 74 of title 38, United States Code, before the date of the

14 enactment of this Act that expires after the effective date

15 specified in subsection (h), the Secretary of Veterans Af16 fairs and the dentist concerned may agree to terminate

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

18 a new agreement in accordance with section 7435 of such

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

20 effective date.

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

22 such subchapter before the date of the enactment of this

23 Act that expires during the period beginning on the date

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

25 date specified in subsection (h)(2), an extension or renewal
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1 of that agreement may not extend beyond that effective

2 date.

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

4 with the Department of Veterans Affairs during the period

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

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

7 who is eligible for an agreement under subchapter III of

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

9 agreement may not extend beyond that effective date.

10 SEC. 103. EXEMPTION FOR PHARMACISTS FROM CEILING

11 ON SPECIAL SALARY RATES.

12 Section 7455(c)(1) is amended by inserting ‘‘, phar13 macists,’’ after ‘‘anesthetists’’.

14 SEC. 104. PHYSICIAN ASSISTANT ADVISER TO UNDER SEC15 RETARY FOR HEALTH.

16 Section 7306(f) is amended—

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

18 (1);

19 (2) by striking the period at the end of para20 graph (2) and inserting ‘‘; and’’; and

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

22 paragraph:

23 ‘‘(3) a physician assistant with appropriate ex24 perience (who may have a permanent duty station at

25 a Department medical care facility in reasonable
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1 proximity to Washington, DC) advises the Under

2 Secretary on all matters relating to the utilization

3 and employment of physician assistants in the Ad4 ministration.’’.

5 SEC. 105. TEMPORARY FULL-TIME APPOINTMENTS OF CER6 TAIN MEDICAL PERSONNEL.

7 (a) PHYSICIAN ASSISTANTS AWAITING CERTIFI8 CATION OR LICENSURE.—Paragraph (2) of section

9 7405(c) is amended to read as follows:

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

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

12 a person who—

13 ‘‘(A) has successfully completed—

14 ‘‘(i) a full course of nursing in a recog15 nized school of nursing, approved by the Sec16 retary; or

17 ‘‘(ii) a full course of training for any cat18 egory of personnel described in paragraph (3)

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

20 assistant, in a recognized education or training

21 institution approved by the Secretary; and

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

23 State or certification by a national board recognized

24 by the Secretary.’’.
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1 (b) MEDICAL SUPPORT PERSONNEL.—That section

2 is further amended—

3 (1) by redesignating paragraph (3) as para4 graph (4); and

5 (2) by inserting after paragraph (2) the fol6 lowing new paragraph (3):

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

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

9 exceed three years.

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

11 paragraph may be renewed for one or more additional pe12 riods not in excess of three years each.’’.

13 SEC. 106. QUALIFICATIONS OF SOCIAL WORKERS.

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

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

16 ‘‘(1) hold a master’s degree in social work from

17 a college or university approved by the Secretary;

18 and

19 ‘‘(2) be licensed or certified to independently

20 practice social work in a State, except that the Sec21 retary may waive the requirement of licensure or

22 certification for an individual social worker for a

23 reasonable period of time recommended by the

24 Under Secretary for Health.’’.
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1 SEC. 107. EXTENSION OF TEMPORARY EARLY RETIREMENT

2 AUTHORITY.

3 The Department of Veterans Affairs Employment

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

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

6 (1) Section 1102(c) is amended to read as fol7 lows:

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

9 shall be limited to 8,110 positions within the Depart10 ment.’’.

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

12 percent’’ and inserting ‘‘15 percent’’.

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

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

15 2002’’.

16 TITLE II—CONSTRUCTION

17 AUTHORIZATION

18 SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY

19 PROJECTS.

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

21 of Veterans Affairs may carry out the following major

22 medical facility projects, with each project to be carried

23 out in the amount specified for that project:

24 (1) Construction of a psychogeriatric care build25 ing at the Department of Veterans Affairs Medical
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1 Center, Palo Alto, California, in an amount not to

2 exceed $26,600,000.

3 (2) Construction of a utility plant and electrical

4 vault at the Department of Veterans Affairs Medical

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

6 $23,600,000.

7 (3) Seismic corrections, clinical consolidation,

8 and other improvements at the Department of Vet9 erans Affairs Medical Center, Long Beach, Cali10 fornia, in an amount not to exceed $51,700,000.

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

12 Secretary is authorized to carry out a project for the ren13 ovation of psychiatric nursing units at the Department of

14 Veterans Affairs Medical Center, Murfreesboro, Ten15 nessee, in an amount not to exceed $14,000,000.

16 SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

17 (a) IN GENERAL.—There are authorized to be appro18 priated to the Secretary of Veterans Affairs for fiscal

19 years 2001 and 2002 for the Construction, Major

20 Projects, account, $101,900,000 for the projects author21 ized in section 101(a).

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

23 101(a) may only be carried out using—
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1 (1) funds appropriated for fiscal year 2001 or

2 2002 pursuant to the authorization of appropria3 tions in subsection (a);

4 (2) funds appropriated for Construction, Major

5 Projects for a fiscal year before fiscal year 2001 that

6 remain available for obligation; and

7 (3) funds appropriated for Construction, Major

8 Projects for fiscal year 2001 or 2002 for a category

9 of activity not specific to a project.

10 TITLE III—MILITARY SERVICE

11 ISSUES

12 SEC. 301. MILITARY SERVICE HISTORY.

13 (a) MILITARY HISTORIES.—The Secretary of Vet14 erans Affairs, in carrying out the responsibilities of the

15 Secretary under chapter 17 of title 38, United States

16 Code, shall ensure that—

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

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

19 used to identify pertinent military experiences and

20 exposures of the patient that may contribute to the

21 health status of the patient; and

22 (2) pertinent information relating to the mili23 tary history of the patient is included in the Depart24 ment’s medical records of the patient.
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1 (b) REPORT.—Not later than nine months after the

2 date of the enactment of this Act, the Secretary shall sub3 mit to the Committees on Veterans’ Affairs of the Senate

4 and House of Representatives a report on the feasibility

5 and desirability of using a computer-based system in con6 ducting clinical evaluations referred to in subsection

7 (a)(1).

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

9 IN VIETNAM VETERANS.

10 (a) STUDY ON POST-TRAUMATIC STRESS DIS11 ORDER.—Not later than 10 months after the date of the

12 enactment of this Act, the Secretary of Veterans Affairs

13 shall enter into a contract with an appropriate entity to

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

15 (b) FOLLOW-UP STUDY.—The contract under sub16 section (a) shall provide for a follow-up study to the study

17 conducted in accordance with section 102 of the Veterans

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

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

20 of the previous study.

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

22 conducted pursuant to this section shall be designed to

23 yield information on—

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

25 stress disorder;
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1 (2) any long-term medical consequences of post2 traumatic stress disorder;

3 (3) whether particular subgroups of veterans

4 are at greater risk of chronic or more severe prob5 lems with such disorder; and

6 (4) the services used by veterans who have post7 traumatic stress disorder and the effect of those

8 services on the course of the disorder.

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

10 Committees of Veterans Affairs of the Senate and House

11 of Representatives a report on the results of the study

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

13 than October 1, 2004.

14 TITLE IV—MEDICAL

15 ADMINISTRATION

16 SEC. 401. PILOT PROGRAM FOR COORDINATION OF HOS17 PITAL BENEFITS.

18 (a) IN GENERAL.—Chapter 17 is amended by insert19 ing after section 1725 the following new section:

20 § 1725A. Coordination of hospital benefits: pilot pro21 gram

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

23 in not more than four geographic areas of the United

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

25 care of eligible veterans. Under the pilot program, the Sec-
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1 retary, subject to subsection (b), may pay certain costs

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

3 would otherwise be personally liable. The authority to

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

5 2005.

6 ‘‘(b) In carrying out the program described in sub7 section (a), the Secretary may pay the costs authorized

8 under this section for hospital care and medical services

9 furnished on an inpatient basis in a non-Department hos10 pital to an eligible veteran participating in the program.

11 Such payment may cover the costs for applicable plan

12 deductibles and coinsurance and the reasonable costs of

13 such inpatient care and medical services not covered by

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

15 to the extent such care and services are of the kind author16 ized under this chapter. The Secretary shall limit the care

17 and services for which payment may be made under the

18 program to general medical and surgical services and shall

19 require that such services may be provided only upon

20 preauthorization by the Secretary.

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

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

23 the pilot program if the veteran—

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

25 an outpatient clinic operated by the Secretary which
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1 is (i) within reasonable proximity to the principal

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

3 geographic area in which the Secretary is carrying

4 out the program described in subsection (a);

5 ‘‘(B) has received care under this chapter with6 in the 24-month period preceding the veteran’s ap7 plication for enrollment in the pilot program;

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

9 hospitalization of the veteran (i) requires such hos10 pital care and services for a non-service-connected

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

12 from a clinic operated by the Secretary; and

13 ‘‘(D) elects to receive such care under a health14 care plan (other than under this title) under which

15 the veteran is entitled to receive such care.

16 ‘‘(2) Nothing in this section shall be construed to re17 duce the authority of the Secretary to contract with non18 Department facilities for care of a service-connected dis19 ability of a veteran.

20 ‘‘(3) Notwithstanding subparagraph (C) of paragraph

21 (1), the Secretary shall ensure that not less than 15 per22 cent of the veterans participating in the program are vet23 erans who do not have a health-care plan.

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

25 Secretary shall, through provision of case-management,
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1 coordinate the care being furnished directly by the Sec2 retary and care furnished under the program in non-De3 partment hospitals to veterans participating in the pro4 gram.

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

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

7 shall ensure that—

8 ‘‘(A) the areas designated are geographically

9 dispersed;

10 ‘‘(B) at least 70 percent of the veterans who re11 side in a designated area reside at least two hours

12 driving distance from the closest medical center op13 erated by the Secretary which provides medical and

14 surgical hospital care; and

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

16 such area would not result in jeopardizing the crit17 ical mass of patients needed to maintain a Depart18 ment medical center that serves that area.

19 ‘‘(2) Notwithstanding paragraph (1)(B), the Sec20 retary may designate for participation in the program at

21 least one area which is in proximity to a Department med22 ical center which, as a result of a change in mission of

23 that center, does not provide hospital care.

24 ‘‘(f)(1) Not later than September 30, 2002, the Sec25 retary shall submit to the Committees on Veterans’ Affairs
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1 of the Senate and House of Representatives a report on

2 the experience in implementing the pilot program under

3 subsection (a).

4 ‘‘(2) Not later than September 30, 2004, the Sec5 retary shall submit to those committees a report on the

6 experience in operating the pilot program during the first

7 two full fiscal years during which the pilot program is con8 ducted. That report shall include—

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

10 Secretary under the program and the cost experience

11 for the calendar year preceding establishment of the

12 program at each site at which the program is oper13 ated;

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

15 participants in the program; and

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

17 access and quality of care for veterans.

18 ‘‘(g) The total amount expended for the pilot pro19 gram in any fiscal year (including amounts for administra20 tive costs) may not exceed $50,000,000.

21 ‘‘(h) For purposes of this section:

22 ‘‘(1) The term ‘health-care plan’ has the mean23 ing given that term in section 1725(f)(3) of this

24 title.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of such chapter is amended by inserting

3 after the item relating to section 1725 the following new

4 item:

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

5 SEC. 402. BENEFITS FOR PERSONS DISABLED BY PARTICI6 PATION IN COMPENSATED WORK THERAPY

7 PROGRAM.

8 Section 1151(a)(2) is amended—

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

10 caused’’; and

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

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

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

14 under section 1718 of this title’’.

15 SEC. 403. EXTENSION OF AUTHORITY TO ESTABLISH RE16 SEARCH AND EDUCATION CORPORATIONS.

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

18 2000’’ and inserting ‘‘December 31, 2005’’.

19 SEC. 404. DEPARTMENT OF VETERANS AFFAIRS FISHER

20 HOUSES.

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

22 38, United States Code, is amended by adding at the end

23 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) Person to whom the Secretary may provide lodg9 ing 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. APPOINTMENT OF VETERANS BENEFITS ADMINIS2 TRATION CLAIMS EXAMINERS (ALSO TITLED

3 VETERANS SERVICE REPRESENTATIVES) ON

4 A FEE BASIS.

5 (a) AUTHORITY.—(1) Chapter 77 is amended by in6 serting after section 7703 the following new section:

7 ‘‘§ 7705. Fee basis appointments of claims examiners

8 ‘‘(a) The Secretary, upon recommendation of the

9 Under Secretary for Benefits, may employ, without regard

10 to civil service or classification laws, rules, or regulations,

11 Veterans Claims Examiners (also titled Veterans Service

12 Representatives) on a fee basis.

13 ‘‘(b) Personnel employed under this section shall be

14 paid such rates of pay as the Secretary may prescribe.’’.

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

16 chapter is amended by inserting after the item relating

17 to section 7703 the following new item:

‘‘7705. Fee basis appointments of claims examiners.’’.

18 (b) REPORTS.—The Secretary of Veterans Affairs

19 shall submit to the Committees on Veterans’ Affairs of

20 the Senate and House of Representatives two reports on

21 the implementation of section 7705 of title 38, United

22 States Code, as added by subsection (a). The first report

23 shall be submitted not later than December 31, 2001, and

24 the second report shall be submitted not later than De25 cember 31, 2002.
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1 SEC. 410. RELEASE OF REVERSIONARY INTEREST OF THE

2 UNITED STATES IN CERTAIN REAL PROPERTY

3 PREVIOUSLY CONVEYED TO THE STATE OF

4 TENNESSEE.

5 (a) RELEASE OF INTEREST.—The Secretary of Vet6 erans Affairs shall execute such legal instruments as nec7 essary to release the reversionary interest of the United

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

9 real property conveyed to the State of Tennessee pursuant

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

11 certain property of the Veterans’ Administration (in John12 son City, Tennessee) to the State of Tennessee’’, approved

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

14 (b) SPECIFIED REVERSIONARY INTEREST.—Sub15 section (a) applies to the reversionary interest of the

16 United States required under section 2 of the Act referred

17 to in subsection (a), requiring use of the property con18 veyed pursuant to that Act to be primarily for training

19 of the National Guard and for other military purposes.

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

21 Act is repealed.

Æ