IIB
106TH CONGRESS
2D SESSION
H. R. 5109
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 22, 2000
Received; read twice and referred to the Committee on Veterans’ Affairs
AN ACT
To amend title 38, United States Code, to improve the
personnel system of the Veterans Health Administration,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Department of Veterans Affairs Health Care Personnel
Act of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
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 corpora-
tions.
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.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
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party industry wage surveys to meet the
requirements of the preceding sentence.’’;
(ii) by inserting before the penul-
timate sentence the following new sentence:
‘‘To the extent practicable, all surveys con-
ducted pursuant to this subparagraph or
subparagraph (A) shall include the collec-
tion of salary midpoints, actual salaries,
lowest and highest salaries, average sala-
ries, bonuses, incentive pays, differential
pays, actual beginning rates of pay and
such other information needed to meet the
purpose of this section.’’; and
(iii) in the penultimate sentence, by
inserting ‘‘or published’’ after ‘‘com-
pleted’’;
(D) by striking clause (iii) of paragraph
(3)(C);
(2) by striking subsection (e) and inserting the
following:
‘‘(e)(1) An adjustment in a rate of basic pay under
subsection (d) may not reduce the rate of basic pay appli-
cable to any grade of a covered position.
‘‘(2) The director of a Department health-care facil-
ity, in determining whether to carry out a wage survey
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under subsection (d)(3) with respect to rates of basic pay
for a grade of a covered position, may not consider as a
factor in such determination the absence of a current re-
cruitment or retention problem for personnel in that grade
of that position. The director shall make such a deter-
mination based upon whether, in accordance with criteria
established by the Secretary, there is a significant pay-
related staffing problem at that facility in any grade for
a position. If the director determines that there is such
a problem, or that such a problem is likely to exist in the
near future, the Director shall provide for a wage survey
in accordance with paragraph (3) of subsection (d).
‘‘(3) The Under Secretary for Health may, to the ex-
tent necessary to carry out the purposes of subsection (d),
modify any determination made by the director of a De-
partment health-care facility with respect to adjusting the
rates of basic pay applicable to covered positions. Upon
such action by the Under Secretary, any adjustment shall
take effect on the first day of the first pay period begin-
ning after such action. The Secretary shall ensure that
the Under Secretary establishes a mechanism for the exer-
cise of the authority in the preceding sentence.
‘‘(4) Each director of a Department health-care facil-
ity shall provide to the Secretary, not later than July 31
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each year, a report on staffing for covered positions at
that facility. The report shall include the following:
‘‘(A) Information on turnover rates and vacancy
rates for each grade in a covered position, including
a comparison of those rates with the rates for the
preceding three years.
‘‘(B) The director’s findings concerning the re-
view and evaluation of the facility’s staffing situa-
tion, including whether there is, or is likely to be, in
accordance with criteria established by the Sec-
retary, a significant pay-related staffing problem at
that facility for any grade of a covered position and,
if so, whether a wage survey was conducted, or will
be conducted with respect to that grade.
‘‘(C) In any case in which the director conducts
such a wage survey during the period covered by the
report, information describing the survey and any
actions taken or not taken based on the survey, and
the reasons for taking (or not taking) such actions.
‘‘(D) In any case in which the director, after
finding that there is, or is likely to be, in accordance
with criteria established by the Secretary, a signifi-
cant pay-related staffing problem at that facility for
any grade of a covered position, determines not to
conduct a wage survey with respect to that position,
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a statement of the reasons why the director did not
conduct such a survey.
‘‘(5) Not later than September 30 of each year, the
Secretary shall submit to the Committees on Veterans’ Af-
fairs of the Senate and House of Representatives a report
on staffing for covered positions at Department healthcare
facilities. Each such report shall include the following:
‘‘(A) A summary and analysis of the informa-
tion contained in the most recent reports submitted
by facility directors under paragraph (4).
‘‘(B) The information for each such facility
specified in paragraph (4).’’;
(3) in subsection (f)—
(A) by striking ‘‘February 1 of 1991,
1992, and 1993’’ and inserting ‘‘March 1 of
each year’’; and
(B) by striking ‘‘subsection (d)(1)(A)’’ and
inserting ‘‘subsection (d)’’; and
(4) by striking subsection (g) and redesignating
subsection (h) as subsection (g).
(b) REQUIRED CONSULTATIONS WITH NURSES.—(1)
Subchapter II of chapter 73 is amended by adding at the
end the following new section:
‘‘§ 7323. Required consultations with nurses
‘‘The Under Secretary for Health shall ensure that—
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‘‘(1) the director of a geographic service area,
in formulating policy relating to the provision of pa-
tient care, shall consult regularly with a senior nurse
executive or senior nurse executives; and
‘‘(2) the director of a medical center shall, to
the extent feasible, include a registered nurse as a
member of any committee used at that medical cen-
ter to provide recommendations or decisions on med-
ical center operations or policy affecting clinical
services, clinical outcomes, budget, or resources.’’.
(2) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 7322 the following new item:
‘‘7323. Required consultations with nurses.’’.
SEC. 102. SPECIAL PAY FOR DENTISTS.
(a) FULL-TIME STATUS PAY.—Paragraph (1) of sec-
tion 7435(b) is amended by striking ‘‘$3,500’’ and insert-
ing ‘‘$9,000’’.
(b) SPECIAL PAY FOR POST-GRADUATE TRAINING.—
Such section is amended by adding at the end the fol-
lowing new paragraph:
‘‘(8) For a dentist who has successfully com-
pleted a post-graduate year of hospital-based train-
ing in a program accredited by the American Dental
Association, an annual rate of $2,000 for each of the
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first two years of service after successful completion
of that training.’’.
(c) TENURE PAY.—The table in paragraph (2)(A) of
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.’’.
(d) SCARCE SPECIALTY PAY.—Paragraph (3)(A) of
that section is amended by striking ‘‘$20,000’’ and insert-
ing ‘‘$30,000’’.
(e) GEOGRAPHIC PAY.—Paragraph (6) of that sec-
tion is amended by striking ‘‘$5,000’’ and inserting
‘‘$12,000’’.
(f) RESPONSIBILITY PAY.—(1) The table in para-
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 .......................................................
25,000
Service Chief (or in a comparable position as de-
termined by the Secretary) .................................
4,500
15,000.’’.
(2) The table in paragraph (4)(B) of that section is
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 posi-
tion as determined by the Secretary) .........................................
30,000.’’.
(g) CREDITING OF INCREASED TENURE PAY FOR
CIVIL
SERVICE
RETIREMENT.—Section 
7438(b) 
is
amended—
(1) by redesignating paragraph (5) as para-
graph (6); and
(2) by inserting after paragraph (4) the fol-
lowing new paragraph:
‘‘(5) Notwithstanding paragraphs (1) and (2), a den-
tist employed as a dentist in the Veterans Health Adminis-
tration on the effective date of section 102 of the Depart-
ment of Veterans Affairs Health Care Personnel Act of
2000 shall be entitled to have special pay paid to the den-
tist under section 7435(b)(2)(A) of this title (referred to
as ‘tenure pay’) considered basic pay for the purposes of
chapter 83 or 84, as appropriate, of title 5 only as follows:
‘‘(A) In an amount equal to the amount that
would have been so considered under such section on
the day before such effective date based on the rates
of special pay the dentist was entitled to receive
under that section on the day before such effective
date.
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‘‘(B) With respect to any amount of special pay
received under that section in excess of the amount
such dentist was entitled to receive under such sec-
tion on the day before such effective date, in an
amount equal to 25 percent of such excess amount
for each two years that the physician or dentist has
completed as a physician or dentist in the Veterans
Health Administration after such effective date.’’.
(h) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to agreements entered
into by dentists under subchapter III of chapter 74 of title
38, United States Code, on or after the later of—
(1) the date of the enactment of this Act; and
(2) October 1, 2000.
(i) TRANSITION.—(1) In the case of an agreement en-
tered into by a dentist under subchapter III of chapter
74 of title 38, United States Code, before the date of the
enactment of this Act that expires after the effective date
specified in subsection (h), the Secretary of Veterans Af-
fairs and the dentist concerned may agree to terminate
that agreement as of that effective date in order to permit
a new agreement in accordance with section 7435 of such
title, as amended by this section, to take effect as of that
effective date.
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(2) In the case of an agreement entered into under
such subchapter before the date of the enactment of this
Act that expires during the period beginning on the date
of the enactment of this Act and ending on the effective
date specified in subsection (h)(2), an extension or renewal
of that agreement may not extend beyond that effective
date.
(3) In the case of a dentist who begins employment
with the Department of Veterans Affairs during the period
beginning on the date of the enactment of this Act and
ending on the effective date specified in subsection (h)(2)
who is eligible for an agreement under subchapter III of
chapter 74 of title 38, United States Code, any such
agreement may not extend beyond that effective date.
SEC. 103. EXEMPTION FOR PHARMACISTS FROM CEILING
ON SPECIAL SALARY RATES.
Section 7455(c)(1) is amended by inserting ‘‘, phar-
macists,’’ after ‘‘anesthetists’’.
SEC. 104. PHYSICIAN ASSISTANT ADVISER TO UNDER SEC-
RETARY FOR HEALTH.
Section 7306(f) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(1);
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and
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(3) by adding at the end the following new
paragraph:
‘‘(3) a physician assistant with appropriate ex-
perience (who may have a permanent duty station at
a Department medical care facility in reasonable
proximity to Washington, DC) advises the Under
Secretary on all matters relating to the utilization
and employment of physician assistants in the Ad-
ministration.’’.
SEC. 105. TEMPORARY FULL-TIME APPOINTMENTS OF CER-
TAIN MEDICAL PERSONNEL.
(a) PHYSICIAN
ASSISTANTS
AWAITING
CERTIFI-
CATION
OR
LICENSURE.—Paragraph (2) of section
7405(c) is amended to read as follows:
‘‘(2) A temporary full-time appointment may not be
made for a period in excess of two years in the case of
a person who—
‘‘(A) has successfully completed—
‘‘(i) a full course of nursing in a recog-
nized school of nursing, approved by the Sec-
retary; or
‘‘(ii) a full course of training for any cat-
egory of personnel described in paragraph (3)
of section 7401 of this title, or as a physician
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assistant, in a recognized education or training
institution approved by the Secretary; and
‘‘(B) is pending registration or licensure in a
State or certification by a national board recognized
by the Secretary.’’.
(b) MEDICAL SUPPORT PERSONNEL.—That section
is further amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3):
‘‘(3)(A) Temporary full-time appointments of persons
in positions referred to in subsection (a)(1)(D) shall not
exceed three years.
‘‘(B) Temporary full-time appointments under this
paragraph may be renewed for one or more additional pe-
riods not in excess of three years each.’’.
SEC. 106. QUALIFICATIONS OF SOCIAL WORKERS.
Section 7402(b)(9) is amended by striking ‘‘a person
must’’ and all that follows and inserting ‘‘a person must—
‘‘(A) hold a master’s degree in social work from
a college or university approved by the Secretary;
and
‘‘(B) be licensed or certified to independently
practice social work in a State, except that the Sec-
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retary may waive the requirement of licensure or
certification for an individual social worker for a
reasonable period of time recommended by the
Under Secretary for Health.’’.
SEC. 107. EXTENSION OF VOLUNTARY SEPARATION INCEN-
TIVE PAYMENTS.
The Department of Veterans Affairs Employment
Reduction Assistance Act of 1999 (title XI of Public Law
106–117; 5 U.S.C. 5597 note) is amended as follows:
(1) Section 1102(c) is amended to read as fol-
lows:
‘‘(c) LIMITATION.—The plan under subsection (a)
shall be limited to 8,110 positions within the Depart-
ment.’’.
(2) Section 1105(a) is amended by striking ‘‘26
percent’’ and inserting ‘‘15 percent’’.
(3) Section 1109(a) is amended by striking
‘‘December 31, 2000’’ and inserting ‘‘December 31,
2002’’.
TITLE II—CONSTRUCTION
AUTHORIZATION
SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY
PROJECTS.
(a) FISCAL YEAR 2001 PROJECTS.—The Secretary
of Veterans Affairs may carry out the following major
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medical facility projects, with each project to be carried
out in the amount specified for that project:
(1) Construction of a psychogeriatric care build-
ing at the Department of Veterans Affairs Medical
Center, Palo Alto, California, in an amount not to
exceed $26,600,000.
(2) Construction of a utility plant and electrical
vault at the Department of Veterans Affairs Medical
Center, Miami, Florida, in an amount not to exceed
$23,600,000.
(3) Seismic corrections, clinical consolidation,
and other improvements at the Department of Vet-
erans Affairs Medical Center, Long Beach, Cali-
fornia, in an amount not to exceed $51,700,000.
(b) ADDITIONAL FISCAL YEAR 2000 PROJECT.—The
Secretary is authorized to carry out a project for the ren-
ovation of psychiatric nursing units at the Department of
Veterans Affairs Medical Center, Murfreesboro, Ten-
nessee, in an amount not to exceed $14,000,000.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary of Veterans Affairs for fiscal
years 2001 and 2002 for the Construction, Major
Projects, account, $101,900,000 for the projects author-
ized in section 101(a).
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(b) LIMITATION.—The projects authorized in section
101(a) may only be carried out using—
(1) funds appropriated for fiscal year 2001 or
2002 pursuant to the authorization of appropria-
tions in subsection (a);
(2) funds appropriated for Construction, Major
Projects for a fiscal year before fiscal year 2001 that
remain available for obligation; and
(3) funds appropriated for Construction, Major
Projects for fiscal year 2001 or 2002 for a category
of activity not specific to a project.
TITLE III—MILITARY SERVICE
ISSUES
SEC. 301. MILITARY SERVICE HISTORY.
(a) MILITARY HISTORIES.—The Secretary of Vet-
erans Affairs, in carrying out the responsibilities of the
Secretary under chapter 17 of title 38, United States
Code, shall ensure that—
(1) during at least one clinical evaluation of a
patient in a facility of the Department, a protocol is
used to identify pertinent military experiences and
exposures of the patient that may contribute to the
health status of the patient; and
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(2) pertinent information relating to the mili-
tary history of the patient is included in the Depart-
ment’s medical records of the patient.
(b) REPORT.—Not later than nine months after the
date of the enactment of this Act, the Secretary shall sub-
mit to the Committees on Veterans’ Affairs of the Senate
and House of Representatives a report on the feasibility
and desirability of using a computer-based system in con-
ducting clinical evaluations referred to in subsection
(a)(1).
SEC. 302. STUDY OF POST-TRAUMATIC STRESS DISORDER
IN VIETNAM VETERANS.
(a) STUDY
ON
POST-TRAUMATIC
STRESS
DIS-
ORDER.—Not later than 10 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall enter into a contract with an appropriate entity to
carry out a study on post-traumatic stress disorder.
(b) FOLLOW-UP STUDY.—The contract under sub-
section (a) shall provide for a follow-up study to the study
conducted in accordance with section 102 of the Veterans
Health Care Amendments of 1983 (Public Law 98–160).
Such follow-up study shall use the data base and sample
of the previous study.
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(c) INFORMATION TO BE INCLUDED.—The study
conducted pursuant to this section shall be designed to
yield information on—
(1) the long-term course of post-traumatic
stress disorder;
(2) any long-term medical consequences of post-
traumatic stress disorder;
(3) whether particular subgroups of veterans
are at greater risk of chronic or more severe prob-
lems with such disorder; and
(4) the services used by veterans who have post-
traumatic stress disorder and the effect of those
services on the course of the disorder.
(d) REPORT.—The Secretary shall submit to the
Committees of Veterans’ Affairs of the Senate and House
of Representatives a report on the results of the study
under this section. The report shall be submitted no later
than October 1, 2004.
TITLE IV—MEDICAL
ADMINISTRATION
SEC. 401. PILOT PROGRAM FOR COORDINATION OF HOS-
PITAL BENEFITS.
(a) IN GENERAL.—Chapter 17 is amended by insert-
ing after section 1725 the following new section:
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‘‘§ 1725A. Coordination of hospital benefits: pilot pro-
gram
‘‘(a) The Secretary may carry out a pilot program
in not more than four geographic areas of the United
States to improve access to, and coordination of, inpatient
care of eligible veterans. Under the pilot program, the Sec-
retary, subject to subsection (b), may pay certain costs
described in subsection (b) for which an eligible veteran
would otherwise be personally liable. The authority to
carry out the pilot program shall expire on September 30,
2005.
‘‘(b) In carrying out the program described in sub-
section (a), the Secretary may pay the costs authorized
under this section for hospital care and medical services
furnished on an inpatient basis in a non-Department hos-
pital to an eligible veteran participating in the program.
Such payment may cover the costs for applicable plan
deductibles and coinsurance and the reasonable costs of
such inpatient care and medical services not covered by
any applicable health-care plan of the veteran, but only
to the extent such care and services are of the kind author-
ized under this chapter. The Secretary shall limit the care
and services for which payment may be made under the
program to general medical and surgical services and shall
require that such services may be provided only upon
preauthorization by the Secretary.
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‘‘(c)(1) A veteran described in paragraph (1) or (2)
of section 1710(a) of this title is eligible to participate in
the pilot program if the veteran—
‘‘(A) is enrolled to receive medical services from
an outpatient clinic operated by the Secretary which
is (i) within reasonable proximity to the principal
residence of the veteran, and (ii) located within the
geographic area in which the Secretary is carrying
out the program described in subsection (a);
‘‘(B) has received care under this chapter with-
in the 24-month period preceding the veteran’s ap-
plication for enrollment in the pilot program;
‘‘(C) as determined by the Secretary before the
hospitalization of the veteran (i) requires such hos-
pital care and services for a non-service-connected
condition, and (ii) could not receive such services
from a clinic operated by the Secretary; and
‘‘(D) elects to receive such care under a health-
care plan (other than under this title) under which
the veteran is entitled to receive such care.
‘‘(2) Nothing in this section shall be construed to re-
duce the authority of the Secretary to contract with non-
Department facilities for care of a service-connected dis-
ability of a veteran.
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‘‘(3) Notwithstanding subparagraph (D) of para-
graph (1), the Secretary shall ensure that not less than
15 percent of the veterans participating in the program
are veterans who do not have a health-care plan.
‘‘(d) As part of the program under this section, the
Secretary shall, through provision of case-management,
coordinate the care being furnished directly by the Sec-
retary and care furnished under the program in non-De-
partment hospitals to veterans participating in the pro-
gram.
‘‘(e)(1) In designating geographic areas in which to
establish the program under subsection (a), the Secretary
shall ensure that—
‘‘(A) the areas designated are geographically
dispersed;
‘‘(B) at least 70 percent of the veterans who re-
side in a designated area reside at least two hours
driving distance from the closest medical center op-
erated by the Secretary which provides medical and
surgical hospital care; and
‘‘(C) the establishment of the program in any
such area would not result in jeopardizing the crit-
ical mass of patients needed to maintain a Depart-
ment medical center that serves that area.
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‘‘(2) Notwithstanding paragraph (1)(B), the Sec-
retary may designate for participation in the program at
least one area which is in proximity to a Department med-
ical center which, as a result of a change in mission of
that center, does not provide hospital care.
‘‘(f)(1) Not later than September 30, 2002, the Sec-
retary shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives a report on
the experience in implementing the pilot program under
subsection (a).
‘‘(2) Not later than September 30, 2004, the Sec-
retary shall submit to those committees a report on the
experience in operating the pilot program during the first
two full fiscal years during which the pilot program is con-
ducted. That report shall include—
‘‘(A) a comparison of the costs incurred by the
Secretary under the program and the cost experience
for the calendar year preceding establishment of the
program at each site at which the program is oper-
ated;
‘‘(B) an assessment of the satisfaction of the
participants in the program; and
‘‘(C) an analysis of the effect of the program on
access and quality of care for veterans.
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‘‘(g) The total amount expended for the pilot pro-
gram in any fiscal year (including amounts for administra-
tive costs) may not exceed $50,000,000.
‘‘(h) For purposes of this section, the term ‘health-
care plan’ has the meaning given that term in section
1725(f)(3) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 1725 the following new
item:
‘‘1725A. Coordination of hospital benefits: pilot program.’’.
SEC. 402. BENEFITS FOR PERSONS DISABLED BY PARTICI-
PATION IN COMPENSATED WORK THERAPY
PROGRAM.
Section 1151(a)(2) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘proximately
caused’’; and
(2) by inserting before the period at the end the
following: ‘‘, or (B) by participation in a program
(known as a ‘compensated work therapy program’)
under section 1718 of this title’’.
SEC. 403. EXTENSION OF AUTHORITY TO ESTABLISH RE-
SEARCH AND EDUCATION CORPORATIONS.
Section 7368 is amended by striking ‘‘December 31,
2000’’ and inserting ‘‘December 31, 2005’’.
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SEC. 404. DEPARTMENT OF VETERANS AFFAIRS FISHER
HOUSES.
(a) AUTHORITY.—Subchapter I of chapter 17 of title
38, United States Code, is amended by adding at the end
the following new section:
‘‘§ 1708. Temporary lodging
‘‘(a) The Secretary may furnish persons described in
subsection (b) with temporary lodging in a Fisher house
or other appropriate facility in connection with the exam-
ination, treatment, or care of a veteran under this chapter
or, as provided for under subsection (e)(5), in connection
with benefits administered under this title.
‘‘(b) Persons to whom the Secretary may provide
lodging under subsection (a) are the following:
‘‘(1) A veteran who must travel a significant
distance to receive care or services under this title.
‘‘(2) A member of the family of a veteran and
others who accompany a veteran and provide the
equivalent of familial support for such veteran.
‘‘(c) In this section, the term ‘Fisher house’ means
a housing facility that—
‘‘(1) is located at, or in proximity to, a Depart-
ment medical facility;
‘‘(2) is available for residential use on a tem-
porary basis by patients of that facility and others
described in subsection (b)(2); and
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‘‘(3) is constructed by, and donated to the Sec-
retary by, the Zachary and Elizabeth M. Fisher
Armed Services Foundation.
‘‘(d) The Secretary may establish charges for pro-
viding lodging under this section. The proceeds from such
charges shall be credited to the medical care account and
shall be available until expended for the purposes of pro-
viding such lodging.
‘‘(e) The Secretary shall prescribe regulations to
carry out this section. Such regulations shall include
provisions—
‘‘(1) limiting the duration of such lodging;
‘‘(2) establishing standards and criteria under
which medical facilities may set charges for such
lodging;
‘‘(3) establishing criteria for persons considered
to be accompanying a veteran;
‘‘(4) establishing criteria for the use of such
premises; and
‘‘(5) any other limitations, conditions, and pri-
orities that the Secretary considers appropriate with
respect to temporary lodging under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
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after the item relating to section 1707 the following new
item:
‘‘1708. Temporary lodging.’’.
SEC. 405. EXTENSION OF ANNUAL REPORT OF COMMITTEE
ON MENTALLY ILL VETERANS.
Section 7321(d)(2) is amended by striking ‘‘three’’
and inserting ‘‘six’’.
SEC. 406. EXCEPTION TO RECAPTURE RULE.
Section 8136 is amended—
(1) by inserting ‘‘(a)’’ at the beginning of the
text of the section; and
(2) by adding at the end the following new sub-
section:
‘‘(b) The establishment and operation by the Sec-
retary of an outpatient clinic in facilities described in sub-
section (a) shall not constitute grounds entitling the
United States to any recovery under that subsection.’’.
SEC. 407. CHANGE TO ENHANCED USE LEASE CONGRES-
SIONAL NOTIFICATION PERIOD.
Paragraph (2) of section 8163(c) is amended to read
as follows:
‘‘(2) The Secretary may not enter into an enhanced
use lease until the end of the 90-day period beginning on
the date of the submission of notice under paragraph
(1).’’.
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SEC. 408. TECHNICAL AND CONFORMING CHANGES.
(a) REQUIREMENT TO PROVIDE CARE.—Section
1710A(a) is amended by inserting ‘‘(subject to section
1710(a)(4) of this title)’’ after ‘‘Secretary’’ the first place
it appears.
(b) CONFORMING AMENDMENT.—Section 1710(a)(4)
is amended by striking ‘‘requirement in’’ and inserting
‘‘requirements in section 1710A(a) and’’.
SEC. 409. RELEASE OF REVERSIONARY INTEREST OF THE
UNITED STATES IN CERTAIN REAL PROPERTY
PREVIOUSLY CONVEYED TO THE STATE OF
TENNESSEE.
(a) RELEASE OF INTEREST.—The Secretary of Vet-
erans Affairs shall execute such legal instruments as nec-
essary to release the reversionary interest of the United
States described in subsection (b) in a certain parcel of
real property conveyed to the State of Tennessee pursuant
to the Act entitled ‘‘An Act authorizing the transfer of
certain property of the Veterans’ Administration (in John-
son City, Tennessee) to the State of Tennessee’’, approved
June 6, 1953 (67 Stat. 54).
(b) SPECIFIED
REVERSIONARY
INTEREST.—Sub-
section (a) applies to the reversionary interest of the
United States required under section 2 of the Act referred
to in subsection (a), requiring use of the property con-
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veyed pursuant to that Act to be primarily for training
of the National Guard and for other military purposes.
(c) CONFORMING AMENDMENT.—Section 2 of such
Act is repealed.
Passed the House of Representatives September 21,
2000.
Attest:
JEFF TRANDAHL,
Clerk.