II
107TH CONGRESS
1ST SESSION
H. R. 3447
IN THE SENATE OF THE UNITED STATES
DECEMBER 12, 2001
Received
AN ACT
To amend title 38, United States Code, to enhance the
authority of the Secretary of Veterans Affairs to recruit
and retain qualified nurses for the Veterans Health Ad-
ministration, to provide an additional basis for estab-
lishing the inability of veterans to defray expenses of
necessary medical care, to enhance certain health care
programs of the Department of Veterans Affairs, and
for other purposes.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Department of Veterans Affairs Health Care Programs
Enhancement Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I—ENHANCEMENT OF NURSE RECRUITMENT AND
RETENTION AUTHORITIES
Subtitle A—Recruitment Authorities
Sec. 101. Enhancement of employee incentive scholarship program.
Sec. 102. Enhancement of education debt reduction program.
Sec. 103. Report on requests for waivers of pay reductions for reemployed an-
nuitants to fill nurse positions.
Subtitle B—Retention Authorities
Sec. 121. Additional pay for Saturday tours of duty for additional health care
professionals in the Veterans Health Administration.
Sec. 122. Unused sick leave included in annuity computation of registered
nurses within the Veterans Health Administration.
Sec. 123. Evaluation of Department of Veterans Affairs nurse managed clinics.
Sec. 124. Staffing levels for operations of medical facilities.
Sec. 125. Annual report on use of authorities to enhance retention of experi-
enced nurses.
Sec. 126. Report on mandatory overtime for nurses and nursing assistants in
Department of Veterans Affairs facilities.
Subtitle C—Other Authorities
Sec. 131. Organizational responsibility of the Director of the Nursing Service.
Sec. 132. Computation of annuity for part-time service performed by certain
health-care professionals before April 7, 1986.
Sec. 133. Modification of nurse locality pay authorities.
Subtitle D—National Commission on VA Nursing
Sec. 141. Establishment of Commission.
Sec. 142. Duties of Commission.
Sec. 143. Reports.
Sec. 144. Powers.
Sec. 145. Personnel matters.
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Sec. 146. Termination of Commission.
TITLE II—OTHER MATTERS
Sec. 201. Authority for Secretary of Veterans Affairs to provide service dogs
for veterans with certain disabilities.
Sec. 202. Management of health care for certain low-income veterans.
Sec. 203. Maintenance of capacity for specialized treatment and rehabilitative
needs of disabled veterans.
Sec. 204. Program for provision of chiropractic care and services to veterans.
Sec. 205. Funds for field offices of the Office of Research Compliance and As-
surance.
Sec. 206. Major medical facility construction.
Sec. 207. Sense of Congress on special telephone services for veterans.
Sec. 208. Recodification of bereavement counseling authority and certain other
health-related authorities.
Sec. 209. Extension of expiring collections authorities.
Sec. 210. Personal emergency response system for veterans with service-con-
nected disabilities.
Sec. 211. One-year extension of eligibility for health care of veterans who
served in Southwest Asia during the Persian Gulf War.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
TITLE 
I—ENHANCEMENT 
OF
NURSE 
RECRUITMENT 
AND
RETENTION AUTHORITIES
Subtitle A—Recruitment
Authorities
SEC. 
101. 
ENHANCEMENT 
OF 
EMPLOYEE 
INCENTIVE
SCHOLARSHIP PROGRAM.
(a) PERMANENT AUTHORITY.—(1) Section 7676 is
repealed.
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(2) The table of sections at the beginning of chapter
76 is amended by striking the item relating to section
7676.
(b) MINIMUM PERIOD OF DEPARTMENT EMPLOY-
MENT FOR ELIGIBILITY.—Section 7672(b) is amended by
striking ‘‘2 years’’ and inserting ‘‘one year’’.
(c) SCHOLARSHIP AMOUNT.—Subsection (b) of sec-
tion 7673 is amended—
(1) in paragraph (1), by striking ‘‘for any 1
year’’ and inserting ‘‘for the equivalent of one year
of full-time coursework’’; and
(2) by striking paragraph (2) and inserting the
following new paragraph (2):
‘‘(2) in the case of a participant in the Program
who is a part-time student, shall bear the same ratio
to the amount that would be paid under paragraph
(1) if the participant were a full-time student in the
course of education or training being pursued by the
participant as the coursework carried by the partici-
pant to full-time coursework in that course of edu-
cation or training.’’.
(d) LIMITATION ON PAYMENT.—Subsection (c) of
section 7673 is amended to read as follows:
‘‘(c) LIMITATIONS ON PERIOD OF PAYMENT.—(1)
The maximum number of school years for which a scholar-
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‘‘(5) The term ‘maximum education debt reduc-
tion payments amount’ means the maximum amount
of education debt reduction payments payable to a
participant in the Department of Veterans Affairs
Education Debt Reduction Program under sub-
chapter VII of this chapter, as specified in section
7683(d)(1) of this title and as previously adjusted
(if at all) in accordance with this section.’’.
(2) Notwithstanding section 7631(a)(1) of title 38,
United States Code, as amended by paragraph (1), the
Secretary of Veterans Affairs shall not increase the max-
imum education debt reduction payments amount under
that section in calendar year 2002.
(e) TEMPORARY EXPANSION OF INDIVIDUALS ELIGI-
BLE
FOR PARTICIPATION
IN PROGRAM.—(1) Notwith-
standing section 7682(c) of title 38, United States Code,
the Secretary of Veterans Affairs may treat a covered indi-
vidual as being a recently appointed employee in the Vet-
erans Health Administration under section 7682(a) of
that title for purposes of eligibility in the Education Debt
Reduction Program if the Secretary determines that the
participation of the individual in the Program under this
subsection would further the purposes of the Program.
(2) For purposes of this subsection, a covered indi-
vidual is any individual otherwise described by section
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7682(a) of title 38, United States Code, as in effect on
the day before the date of the enactment of this Act,
who—
(A) was appointed as an employee in a position
described in paragraph (1) of that section, as so in
effect, between January 1, 1999, and December 31,
2001; and
(B) is an employee in such position, or in an-
other position described in paragraph (1) of that
section, as so in effect, at the time of application for
treatment as a covered individual under this sub-
section.
(3) The Secretary shall make determinations regard-
ing the exercise of the authority in this subsection on a
case-by-case basis.
(4) The Secretary may not exercise the authority in
this subsection after June 30, 2002. The expiration of the
authority in this subsection shall not affect the treatment
of an individual under this subsection before that date as
a covered individual for purposes of eligibility in the Edu-
cation Debt Reduction Program.
(5) In this subsection, the term ‘‘Education Debt Re-
duction Program’’ means the Department of Veterans Af-
fairs Education Debt Reduction Program under sub-
chapter VII of chapter 76 of title 38, United States Code.
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SEC. 103. REPORT ON REQUESTS FOR WAIVERS OF PAY RE-
DUCTIONS FOR REEMPLOYED ANNUITANTS
TO FILL NURSE POSITIONS.
(a) REPORT.—Not later than March 28 of each of
2002 and 2003, the Secretary of Veterans Affairs shall
submit to the Committees on Veterans’ Affairs of the Sen-
ate and the House of Representatives and to the National
Commission on VA Nursing established under subtitle D
a report describing each request of the Secretary, during
the fiscal year preceding such report, to the Director of
the Office of Personnel Management for the following:
(1) A waiver under subsection (i)(1)(A) of sec-
tion 8344 of title 5, United States Code, of the pro-
visions of such section in order to meet requirements
of the Department of Veterans Affairs for appoint-
ments to nurse positions in the Veterans Health Ad-
ministration.
(2) A waiver under subsection (f)(1)(A) of sec-
tion 8468 of title 5, United States Code, of the pro-
visions of such section in order to meet requirements
of the Department for appointments to such posi-
tions.
(3) A grant of authority under subsection
(i)(1)(B) of section 8344 of title 5, United States
Code, for the waiver of the provisions of such section
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in order to meet requirements of the Department for
appointments to such positions.
(4) A grant of authority under subsection
(f)(1)(B) of section 8468 of title 5, United States
Code, for the waiver of the provisions of such section
in order to meet requirements of the Department for
appointments to such positions.
(b) INFORMATION ON RESPONSES TO REQUESTS.—
The report under subsection (a) shall specify for each re-
quest covered by the report—
(1) the response of the Director to such re-
quest; and
(2) if such request was granted, whether or not
the waiver or authority, as the case may be, assisted
the Secretary in meeting requirements of the De-
partment for appointments to nurse positions in the
Veterans Health Administration.
Subtitle B—Retention Authorities
SEC. 121. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY
FOR ADDITIONAL HEALTH CARE PROFES-
SIONALS IN THE VETERANS HEALTH ADMIN-
ISTRATION.
(a) IN GENERAL.—Section 7454(b) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and
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(2) by adding at the end the following new
paragraph:
‘‘(2) Health care professionals employed in positions
referred to in paragraph (1) shall be entitled to additional
pay on the same basis as provided for nurses in section
7453(c) of this title.’’.
(b) APPLICABILITY.—The amendments made by sub-
section (a) shall apply with respect to pay periods begin-
ning on or after the date of the enactment of this Act.
SEC. 122. UNUSED SICK LEAVE INCLUDED IN ANNUITY
COMPUTATION 
OF 
REGISTERED 
NURSES
WITHIN THE VETERANS HEALTH ADMINIS-
TRATION.
(a) ANNUITY COMPUTATION.—Section 8415 of title
5, United States Code, is amended by adding at the end
the following new subsection:
‘‘(i) In computing an annuity under this subchapter,
the total service of an employee who retires from the posi-
tion of a registered nurse with the Veterans Health Ad-
ministration on an immediate annuity, or dies while em-
ployed in that position leaving any survivor entitled to an
annuity, includes the days of unused sick leave to the cred-
it of that employee under a formal leave system, except
that such days shall not be counted in determining average
pay or annuity eligibility under this subchapter.’’.
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(b) DEPOSIT NOT REQUIRED.—Section 8422(d) of
such title is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Under such regu-
lations’’; and
(2) by adding at the end the following:
‘‘(2) Deposit may not be required for days of unused
sick leave credited under section 8415(i).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect 60 days after the date of the
enactment of this Act and shall apply to individuals who
separate from service on or after that effective date.
SEC. 123. EVALUATION OF DEPARTMENT OF VETERANS AF-
FAIRS NURSE MANAGED CLINICS.
(a) EVALUATION.—The Secretary of Veterans Affairs
shall carry out an evaluation of the efficacy of the nurse
managed health care clinics of the Department of Vet-
erans Affairs. The Secretary shall complete the evaluation
not later than 18 months after the date of the enactment
of this Act.
(b) CLINICS TO BE EVALUATED.—(1) In carrying
out the evaluation under subsection (a), the Secretary
shall consider nurse managed health care clinics, including
primary care clinics and geriatric care clinics, located in
three different geographic service areas of the Depart-
ment.
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(2) If there are not nurse managed health care clinics
located in three different geographic service areas as of
the commencement of the evaluation, the Secretary
shall—
(A) establish nurse managed health care clinics
in additional geographic service areas such that
there are nurse managed health care clinics in three
different geographic service areas for purposes of the
evaluation; and
(B) include such clinics, as so established, in
the evaluation.
(c) MATTERS TO BE EVALUATED.—In carrying out
the evaluation under subsection (a), the Secretary shall
address the following:
(1) Patient satisfaction.
(2) Provider experiences.
(3) Cost of care.
(4) Access to care, including waiting time for
care.
(5) The functional status of patients receiving
care.
(6) Any other matters the Secretary considers
appropriate.
(d) REPORT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary shall sub-
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mit to the Committees on Veterans’ Affairs of the Senate
and the House of Representatives a report on the evalua-
tion carried out under subsection (a). The report shall ad-
dress the matters specified in subsection (c) and include
any other information, and any recommendations, that the
Secretary considers appropriate. The Secretary shall pro-
vide a copy of the report to the National Commission on
VA Nursing established under subtitle D.
SEC. 124. STAFFING LEVELS FOR OPERATIONS OF MEDICAL
FACILITIES.
(a) IN GENERAL.—Section 8110(a) is amended—
(1) in paragraph (1), by inserting after ‘‘com-
plete care of patients,’’ in the fifth sentence the fol-
lowing: ‘‘and in a manner consistent with the poli-
cies of the Secretary on overtime,’’; and
(2) in paragraph (2)—
(A) by inserting ‘‘, including the staffing
required to maintain such capacities,’’ after ‘‘all
Department medical facilities’’;
(B) by striking ‘‘and to minimize’’ and in-
serting ‘‘, to minimize’’; and
(C) by inserting before the period the fol-
lowing: ‘‘, and to ensure that eligible veterans
are provided such care and services in an ap-
propriate manner’’.
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(b) NATIONWIDE POLICY ON STAFFING.—Paragraph
(3) of that section is amended—
(1) in subparagraph (A), by inserting ‘‘the ade-
quacy of staff levels for compliance with the policy
established under subparagraph (C),’’ after ‘‘regard-
ing’’; and
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) The Secretary shall, in consultation with the
Under Secretary for Health, establish a nationwide policy
on the staffing of Department medical facilities in order
to ensure that such facilities have adequate staff for the
provision to veterans of appropriate, high-quality care and
services. The policy shall take into account the staffing
levels and mixture of staff skills required for the range
of care and services provided veterans in Department fa-
cilities.’’.
SEC. 125. ANNUAL REPORT ON USE OF AUTHORITIES TO
ENHANCE 
RETENTION 
OF 
EXPERIENCED
NURSES.
(a) ANNUAL REPORT.—(1) Subchapter II of chapter
73 is amended by adding at the end the following new
section:
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‘‘§ 7324. Annual report on use of authorities to en-
hance retention of experienced nurses
‘‘(a) ANNUAL REPORT.—Not later than January 31
each year, the Secretary, acting through the Under Sec-
retary for Health, shall submit to Congress a report on
the use during the preceding year of authorities for pur-
poses of retaining experienced nurses in the Veterans
Health Administration, as follows:
‘‘(1) The authorities under chapter 76 of this
title.
‘‘(2) The authority under VA Directive 5102.1,
relating to the Department of Veterans Affairs
nurse qualification standard, dated November 10,
1999, or any successor directive.
‘‘(3) Any other authorities available to the Sec-
retary for those purposes.
‘‘(b) REPORT ELEMENTS.—Each report under sub-
section (a) shall specify for the period covered by such re-
port, for each Department medical facility and for each
geographic service area of the Department, the following:
‘‘(1) The number of waivers requested under
the authority referred to in subsection (a)(2), and
the number of waivers granted under that authority,
to promote to the Nurse II grade or Nurse III grade
under the Nurse Schedule under section 7404(b)(1)
of this title any nurse who has not completed a bac-
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calaureate degree in nursing in a recognized school
of nursing, set forth by age, race, and years of expe-
rience of the individuals subject to such waiver re-
quests and waivers, as the case may be.
‘‘(2) The programs carried out to facilitate the
use of nursing education programs by experienced
nurses, including programs for flexible scheduling,
scholarships, salary replacement pay, and on-site
classes.’’.
(2) The table of sections at the beginning of chapter
73 is amended by inserting after the item relating to sec-
tion 7323 the following new item:
‘‘7324. Annual report on use of authorities to enhance retention of experienced
nurses.’’.
(b) INITIAL REPORT.—The initial report required
under section 7324 of title 38, United States Code, as
added by subsection (a), shall be submitted to the Na-
tional Commission on VA Nursing established under sub-
title D as well as to Congress.
SEC. 126. REPORT ON MANDATORY OVERTIME FOR NURSES
AND NURSING ASSISTANTS IN DEPARTMENT
OF VETERANS AFFAIRS FACILITIES.
(a) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans’ Af-
fairs of the Senate and the House of Representatives and
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to the National Commission on VA Nursing established
under subtitle D a report on the mandatory overtime re-
quired of licensed nurses and nursing assistants providing
direct patient care at Department of Veterans Affairs
medical facilities during 2001.
(b) MANDATORY OVERTIME.—For purposes of the
report under subsection (a), mandatory overtime shall con-
sist of any period in which a nurse or nursing assistant
is mandated or otherwise required, whether directly or in-
directly, to work or be in on-duty status in excess of—
(1) a scheduled workshift or duty period;
(2) 12 hours in any 24-hour period; or
(3) 80 hours in any period of 14 consecutive
days.
(c) ELEMENTS.—The report under subsection (a)
shall include the following:
(1) A description of the amount of mandatory
overtime described in that subsection at each De-
partment medical facility during the period covered
by the report.
(2) A description of the mechanisms employed
by the Secretary to monitor overtime of the nurses
and nursing assistants referred to in that subsection.
(3) An assessment of the effects of the manda-
tory overtime of such nurses and nursing assistants
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on patient care, including any reported association
with medical errors.
(4) Recommendations regarding mechanisms
for preventing mandatory overtime in other than
emergency situations by such nurses and nursing as-
sistants.
(5) Any other matters that the Secretary con-
siders appropriate.
Subtitle C—Other Authorities
SEC. 131. ORGANIZATIONAL RESPONSIBILITY OF THE DI-
RECTOR OF THE NURSING SERVICE.
Section 7306(a)(5) is amended by inserting ‘‘, and
report directly to,’’ after ‘‘responsible to’’.
SEC. 132. COMPUTATION OF ANNUITY FOR PART-TIME
SERVICE PERFORMED BY CERTAIN HEALTH-
CARE PROFESSIONALS BEFORE APRIL 7, 1986.
Section 7426 is amended by adding at the end the
following new subsection:
‘‘(c) The provisions of subsection (b) shall not apply
to the part-time service before April 7, 1986, of a reg-
istered nurse, physician assistant, or expanded-function
dental auxiliary. In computing the annuity under the ap-
plicable provision of law specified in that subsection of an
individual covered by the preceding sentence, the service
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described in that sentence shall be credited as full-time
service.’’.
SEC. 133. MODIFICATION OF NURSE LOCALITY PAY AU-
THORITIES.
Section 7451 is amended—
(1) in subsection (d)(3)—
(A) in subparagraph (A), by striking ‘‘be-
ginning rates of’’ each place it appears;
(B) in subparagraph (B), by striking ‘‘be-
ginning rates of’’ the first place it appears; and
(C) in subparagraph (C)(i), by striking
‘‘beginning rates of’’ each place it appears;
(2) in subsection (d)(4)—
(A) by striking ‘‘or at any other time that
an adjustment in rates of pay is scheduled to
take place under this subsection’’ in the first
sentence; and
(B) by striking the second sentence; and
(3) in subsection (e)(4)—
(A) in subparagraph (A), by striking
‘‘grade in a’’;
(B) in subparagraph (B)—
(i) by striking ‘‘grade of a’’; and
(ii) by striking ‘‘that grade’’ and in-
serting ‘‘that position’’; and
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(C) in subparagraph (D), by striking
‘‘grade of a’’.
Subtitle D—National Commission
on VA Nursing
SEC. 141. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is hereby established in
the Department of Veterans Affairs a commission to be
known as the ‘‘National Commission on VA Nursing’’
(hereinafter in this subtitle referred to as the ‘‘Commis-
sion’’).
(b) COMPOSITION.—The Commission shall be com-
posed of 12 members appointed by the Secretary of Vet-
erans Affairs as follows:
(1) At least two shall be recognized representa-
tives of employees (including nurses) of the Depart-
ment of Veterans Affairs.
(2) At least one shall be a representative of pro-
fessional associations of nurses of the Department or
similar organizations affiliated with the Depart-
ment’s health care practitioners.
(3) At least one shall be a nurse from a nursing
school affiliated with the Department of Veterans
Affairs.
(4) At least two shall be representatives of vet-
erans.
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(5) At least one shall be an economist.
(6) The remainder shall be appointed in such
manner as the Secretary considers appropriate.
(c) CHAIR OF COMMISSION.—The Secretary of Vet-
erans Affairs shall designate one of the members of the
Commission to chair the Commission.
(d) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for the life of the Commission. Any
vacancy in the Commission shall be filled in the same man-
ner as the original appointment.
(e) INITIAL ORGANIZATION REQUIREMENTS.—All ap-
pointments to the Commission shall be made not later
than 60 days after the date of the enactment of this Act.
The Commission shall convene its first meeting not later
than 60 days after the date as of which all members of
the Commission have been appointed.
SEC. 142. DUTIES OF COMMISSION.
(a) ASSESSMENT.—The Commission shall—
(1) consider legislative and organizational policy
changes to enhance the recruitment and retention of
nurses and other nursing personnel by the Depart-
ment of Veterans Affairs; and
(2) assess the future of the nursing profession
within the Department.
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(b) RECOMMENDATIONS.—The Commission shall rec-
ommend legislative and organizational policy changes to
enhance the recruitment and retention of nurses and other
nursing personnel in the Department.
SEC. 143. REPORTS.
(a) COMMISSION REPORT.—The Commission shall,
not later than two years after the date of its first meeting,
submit to Congress and the Secretary of Veterans Affairs
a report on the Commission’s findings and recommenda-
tions.
(b) SECRETARY OF VETERANS AFFAIRS REPORT.—
Not later than 60 days after the date of the Commission’s
report under subsection (a), the Secretary shall submit to
Congress a report—
(1) providing the Secretary’s views on the Com-
mission’s findings and recommendations; and
(2) explaining what actions, if any, the Sec-
retary intends to take to implement the rec-
ommendations of the Commission and the Sec-
retary’s reasons for doing so.
SEC. 144. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out the provisions of this subtitle, hold
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hearings and take testimony to the extent that the Com-
mission or any member considers advisable.
(b) INFORMATION.—The Commission may secure di-
rectly from any Federal department or agency information
that the Commission considers necessary to enable the
Commission to carry out its responsibilities under this
subtitle.
SEC. 145. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission
shall serve without pay by reason of their work on the
Commission.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the Commission.
(c) STAFF.—(1) The Secretary may, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff
director and such additional personnel as may be nec-
essary to enable the Commission to perform its duties.
(2) The Secretary may fix the pay of the staff direc-
tor and other personnel appointed under paragraph (1)
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without regard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay fixed under this
paragraph for the staff director may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of such title and the rate of pay for other personnel
may not exceed the maximum rate payable for grade GS–
15 of the General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon
request of the Secretary, the head of any Federal depart-
ment or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Com-
mission to assist it in carrying out its duties.
SEC. 146. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the
date of the submission of its report under section 143(a).
TITLE II—OTHER MATTERS
SEC. 201. AUTHORITY FOR SECRETARY OF VETERANS AF-
FAIRS TO PROVIDE SERVICE DOGS FOR VET-
ERANS WITH CERTAIN DISABILITIES.
(a) AUTHORITY.—Section 1714 is amended—
(1) in subsection (b)—
(A) by striking ‘‘seeing-eye or’’ the first
place it appears;
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(B) by striking ‘‘who are entitled to dis-
ability compensation’’ and inserting ‘‘who are
enrolled under section 1705 of this title’’;
(C) by striking ‘‘, and may pay’’ and all
that follows through ‘‘such seeing-eye or guide
dogs’’; and
(D) by striking ‘‘handicap’’ and inserting
‘‘disability’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(c) The Secretary may, in accordance with the pri-
ority specified in section 1705 of this title, provide—
‘‘(1) service dogs trained for the aid of the
hearing impaired to veterans who are hearing im-
paired and are enrolled under section 1705 of this
title; and
‘‘(2) service dogs trained for the aid of persons
with spinal cord injury or dysfunction or other
chronic impairment that substantially limits mobility
to veterans with such injury, dysfunction, or impair-
ment who are enrolled under section 1705 of this
title.
‘‘(d) In the case of a veteran provided a dog under
subsection (b) or (c), the Secretary may pay travel and
incidental expenses for that veteran under the terms and
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conditions set forth in section 111 of this title to and from
the veteran’s home for expenses incurred in becoming ad-
justed to the dog.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading for
such section is amended to read as follows:
‘‘§ 1714. Fitting and training in use of prosthetic ap-
pliances; guide dogs; service dogs’’.
(2) The item relating to such section in the table of
sections at the beginning of chapter 17 is amended to read
as follows:
‘‘1714. Fitting and training in use of prosthetic appliances; guide dogs; service
dogs.’’.
SEC. 202. MANAGEMENT OF HEALTH CARE FOR CERTAIN
LOW-INCOME VETERANS.
(a) PRIORITY
OF ENROLLMENT
IN PATIENT EN-
ROLLMENT SYSTEM.—Section 1705(a) is amended by
striking paragraph (7) and inserting the following new
paragraphs:
‘‘(7) Veterans described in section 1710(a)(3)
of this title who are eligible for treatment as a low-
income family under section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b))
for the area in which such veterans reside, regard-
less of whether such veterans are treated as single
person families under paragraph (3)(A) of such sec-
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tion 3(b) or as families under paragraph (3)(B) of
such section 3(b).
‘‘(8) Veterans described in section 1710(a)(3)
of this title who are not covered by paragraph (7).’’.
(b) REDUCED COPAYMENTS FOR CARE.—Subsection
(f) of section 1710 is amended—
(1) in paragraph (1), by inserting ‘‘or (4)’’
after ‘‘paragraph (2)’’;
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
‘‘(4) In the case of a veteran covered by this sub-
section who is also described by section 1705(a)(7) of this
title, the amount for which the veteran shall be liable to
the United States for hospital care under this subsection
shall be an amount equal to 20 percent of the total amount
for which the veteran would otherwise be liable for such
care under subparagraphs (2)(B) and (3)(A) but for this
paragraph.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 2002.
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SEC. 203. MAINTENANCE OF CAPACITY FOR SPECIALIZED
TREATMENT AND REHABILITATIVE NEEDS OF
DISABLED VETERANS.
(a) MAINTENANCE OF CAPACITY ON A GEOGRAPHIC
SERVICE AREA BASIS.—Section 1706(b) is amended—
(1) in paragraph (1)—
(A) in the first sentence, by inserting
‘‘(and each geographic service area of the Vet-
erans Health Administration)’’ after ‘‘ensure
that the Department’’; and
(B) in clause (B), by inserting ‘‘(and each
geographic service area of the Veterans Health
Administration)’’ after ‘‘overall capacity of the
Department’’;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (1) the fol-
lowing new paragraphs;
‘‘(2) For purposes of paragraph (1), the capacity of
the Department (and each geographic service area of the
Veterans Health Administration) to provide for the spe-
cialized treatment and rehabilitative needs of disabled vet-
erans (including veterans with spinal cord dysfunction,
traumatic brain injury, blindness, prosthetics and sensory
aids, and mental illness) within distinct programs or facili-
ties shall be measured for seriously mentally ill veterans
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as follows (with all such data to be provided by geographic
service area and totaled nationally):
‘‘(A) For mental health intensive community-
based care, the number of discrete intensive care
teams constituted to provide such intensive services
to seriously mentally ill veterans and the number of
veterans provided such care.
‘‘(B) For opioid substitution programs, the
number of patients treated annually and the
amounts expended.
‘‘(C) For dual-diagnosis patients, the number
treated annually and the amounts expended.
‘‘(D) For substance-use disorder programs—
‘‘(i) the number of beds (whether hospital,
nursing home, or other designated beds) em-
ployed and the average bed occupancy of such
beds;
‘‘(ii) the percentage of unique patients ad-
mitted directly to outpatient care during the fis-
cal year who had two or more additional visits
to specialized outpatient care within 30 days of
their first visit, with a comparison from 1996
until the date of the report;
‘‘(iii) the percentage of unique inpatients
with substance-use disorder diagnoses treated
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‘‘(3) For purposes of paragraph (1), the capacity of
the Department (and each geographic service area of the
Veterans Health Administration) to provide for the spe-
cialized treatment and rehabilitative needs of disabled vet-
erans within distinct programs or facilities shall be meas-
ured for veterans with spinal cord dysfunction, traumatic
brain injury, blindness, or prosthetics and sensory aids as
follows (with all such data to be provided by geographic
service area and totaled nationally):
‘‘(A) For spinal cord injury and dysfunction
specialized centers and for blind rehabilitation spe-
cialized centers, the number of staffed beds and the
number of full-time equivalent employees assigned to
provide care at such centers.
‘‘(B) For prosthetics and sensory aids, the an-
nual amount expended.
‘‘(C) For traumatic brain injury, the number of
patients treated annually and the amounts expended.
‘‘(4) In carrying out paragraph (1), the Secretary
may not use patient outcome data as a substitute for, or
the equivalent of, compliance with the requirement under
that paragraph for maintenance of capacity.’’.
(b) EXTENSION
OF ANNUAL REPORT REQUIRE-
MENT.—Paragraph (5) of such section, as so redesignated,
is amended—
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(1) by inserting ‘‘(A)’’ before ‘‘Not later than’’;
(2) by striking ‘‘April 1, 1999, April 1, 2000,
and April 1, 2001’’ and inserting ‘‘April 1 of each
year through 2004’’;
(3) by adding at the end of subparagraph (A),
as designated by paragraph (1), the following new
sentence: ‘‘Each such report shall include informa-
tion on recidivism rates associated with substance-
use disorder treatment.’’; and
(4) by adding at the end of such paragraph the
following new subparagraphs:
‘‘(B) In preparing each report under subparagraph
(A), the Secretary shall use standardized data and data
definitions.
‘‘(C) Each report under subparagraph (A) shall be
audited by the Inspector General of the Department, who
shall submit to Congress a certification as to the accuracy
of each such report.’’.
SEC. 204. PROGRAM FOR PROVISION OF CHIROPRACTIC
CARE AND SERVICES TO VETERANS.
(a) REQUIREMENT FOR PROGRAM.—Subject to the
provisions of this section, the Secretary of Veterans Af-
fairs shall carry out a program to provide chiropractic care
and services to veterans through Department of Veterans
Affairs medical centers and clinics.
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(b) ELIGIBLE VETERANS.—Veterans eligible to re-
ceive chiropractic care and services under the program are
veterans who are enrolled in the system of patient enroll-
ment under section 1705 of title 38, United States Code.
(c) LOCATION OF PROGRAM.—The program shall be
carried out at sites designated by the Secretary for pur-
poses of the program. The Secretary shall designate at
least one site for such program in each geographic service
area of the Veterans Health Administration. The sites so
designated shall be medical centers and clinics located in
urban areas and in rural areas.
(d) CARE AND SERVICES AVAILABLE.—The chiro-
practic care and services available under the program shall
include a variety of chiropractic care and services for
neuro-musculoskeletal conditions, including subluxation
complex.
(e) OTHER ADMINISTRATIVE MATTERS.—(1) The
Secretary shall carry out the program through personal
service contracts and by appointment of licensed chiro-
practors in Department medical centers and clinics.
(2) As part of the program, the Secretary shall pro-
vide training and materials relating to chiropractic care
and services to Department health care providers assigned
to primary care teams for the purpose of familiarizing
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such providers with the benefits of chiropractic care and
services.
(f) REGULATIONS.—The Secretary shall prescribe
regulations to carry out this section.
(g) CHIROPRACTIC ADVISORY COMMITTEE.—(1) The
Secretary shall establish an advisory committee to provide
direct assistance and advice to the Secretary in the devel-
opment and implementation of the chiropractic health pro-
gram.
(2) The membership of the advisory committee shall
include members of the chiropractic care profession and
such other members as the Secretary considers appro-
priate.
(3) Matters on which the advisory committee shall as-
sist and advise the Secretary shall include the following:
(A) Protocols governing referral to chiroprac-
tors.
(B) Protocols governing direct access to chiro-
practic care.
(C) Protocols governing scope of practice of
chiropractic practitioners.
(D) Definition of services to be provided.
(E) Such other matters the Secretary deter-
mines to be appropriate.
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(4) The advisory committee shall cease to exist on
December 31, 2004.
SEC. 205. FUNDS FOR FIELD OFFICES OF THE OFFICE OF
RESEARCH COMPLIANCE AND ASSURANCE.
(a) IN GENERAL.—Section 7303 is amended by add-
ing at the end the following new subsection:
‘‘(e) Amounts for the activities of the field offices of
the Office of Research Compliance and Assurance of the
Department shall be derived from amounts appropriated
for the Veterans Health Administration for Medical Care
(rather than from amounts appropriated for the Veterans
Health Administration for Medical and Prosthetic Re-
search).’’.
(b) APPLICABILITY TO FISCAL YEAR 2002.—In order
to carry out subsection (e) of section 7303 of title 38,
United States Code, as added by subsection (a), for fiscal
year 2002, the Secretary of Veterans Affairs shall transfer
such sums as necessary for that purpose from amounts
appropriated for the Veterans Health Administration for
Medical and Prosthetic Research for fiscal year 2002 to
amounts appropriated for the Veterans Health Adminis-
tration for Medical Care for that fiscal year.
SEC. 206. MAJOR MEDICAL FACILITY CONSTRUCTION.
(a) PROJECT AUTHORIZED.—The Secretary of Vet-
erans Affairs may carry out a major medical facility
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project for the renovation from electrical fire of the De-
partment of Veterans Affairs Medical Center, Miami,
Florida, in an amount not to exceed $28,300,000.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Veterans
Affairs for the Construction, Major Projects Account, for
fiscal year 2002, $28,300,000 for the project authorized
by subsection (a).
(c) LIMITATION.—The project authorized by sub-
section (a) may only be carried out using—
(1) funds appropriated for fiscal year 2002 pur-
suant to the authorization of appropriations in sub-
section (b);
(2) funds appropriated for Construction, Major
Projects, for a fiscal year before fiscal year 2002
that remain available for obligation; and
(3) funds appropriated for Construction, Major
Projects, for fiscal year 2002 for a category of activ-
ity not specific to a project.
SEC. 207. SENSE OF CONGRESS ON SPECIAL TELEPHONE
SERVICES FOR VETERANS.
It is the sense of Congress that the Secretary of Vet-
erans Affairs should conduct an assessment of all special
telephone services for veterans (such as help lines and hot-
lines) that are provided by the Department of Veterans
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Affairs and that any such assessment, if conducted, should
include assessment of the geographical coverage, avail-
ability, utilization, effectiveness, management, coordina-
tion, staffing, and cost of those services and should include
a survey of veterans to measure their satisfaction with cur-
rent special telephone services and the demand for addi-
tional services.
SEC. 208. RECODIFICATION OF BEREAVEMENT COUN-
SELING AUTHORITY AND CERTAIN OTHER
HEALTH-RELATED AUTHORITIES.
(a) STATUTORY REORGANIZATION.—Subchapter I of
chapter 17 is amended—
(1) in section 1701(6)—
(A) by striking subparagraph (B) and the
sentence following that subparagraph;
(B) by striking ‘‘services—’’ in the matter
preceding subparagraph (A) and inserting
‘‘services, the following:’’; and
(C) by striking subparagraph (A) and in-
serting the following:
‘‘(A) Surgical services.
‘‘(B) Dental services and appliances as de-
scribed in sections 1710 and 1712 of this title.
‘‘(C) Optometric and podiatric services.
‘‘(D) Preventive health services.
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‘‘(E) In the case of a person otherwise receiving
care or services under this chapter—
‘‘(i) wheelchairs, artificial limbs, trusses,
and similar appliances;
‘‘(ii) special clothing made necessary by
the wearing of prosthetic appliances; and
‘‘(iii) such other supplies or services as the
Secretary determines to be reasonable and nec-
essary.
‘‘(F) Travel and incidental expenses pursuant
to section 111 of this title.’’; and
(2) in section 1707—
(A) by inserting ‘‘(a)’’ at the beginning of
the text of the section; and
(B) by adding at the end the following:
‘‘(b) The Secretary may furnish sensori-neural aids
only in accordance with guidelines prescribed by the Sec-
retary.’’.
(b) CONSOLIDATION OF PROVISIONS RELATING TO
PERSONS OTHER THAN VETERANS.—Such chapter is fur-
ther amended by adding at the end the following new sub-
chapter:
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‘‘SUBCHAPTER VIII—HEALTH CARE OF
PERSONS OTHER THAN VETERANS
‘‘§ 1782. Counseling, training, and mental health serv-
ices for immediate family members
‘‘(a) COUNSELING FOR FAMILY MEMBERS OF VET-
ERANS RECEIVING SERVICE-CONNECTED TREATMENT.—
In the case of a veteran who is receiving treatment for
a service-connected disability pursuant to paragraph (1)
or (2) of section 1710(a) of this title, the Secretary shall
provide to individuals described in subsection (c) such con-
sultation, professional counseling, training, and mental
health services as are necessary in connection with that
treatment.
‘‘(b) COUNSELING FOR FAMILY MEMBERS OF VET-
ERANS RECEIVING NON-SERVICE-CONNECTED TREAT-
MENT.—In the case of a veteran who is eligible to receive
treatment for a non-service-connected disability under the
conditions described in paragraph (1), (2), or (3) of sec-
tion 1710(a) of this title, the Secretary may, in the discre-
tion of the Secretary, provide to individuals described in
subsection (c) such consultation, professional counseling,
training, and mental health services as are necessary in
connection with that treatment if—
‘‘(1) those services were initiated during the
veteran’s hospitalization; and
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‘‘(2) the continued provision of those services
on an outpatient basis is essential to permit the dis-
charge of the veteran from the hospital.
‘‘(c) ELIGIBLE INDIVIDUALS.—Individuals who may
be provided services under this subsection are—
‘‘(1) the members of the immediate family or
the legal guardian of a veteran; or
‘‘(2) the individual in whose household such vet-
eran certifies an intention to live.
‘‘(d) TRAVEL
AND
TRANSPORTATION
AUTHOR-
IZED.—Services provided under subsections (a) and (b)
may include, under the terms and conditions set forth in
section 111 of this title, travel and incidental expenses of
individuals described in subsection (c) in the case of any
of the following:
‘‘(1) A veteran who is receiving care for a serv-
ice-connected disability.
‘‘(2) A dependent or survivor receiving care
under the last sentence of section 1783(b) of this
title.
‘‘§ 1783. Bereavement counseling
‘‘(a) DEATHS OF VETERANS.—In the case of an indi-
vidual who was a recipient of services under section 1782
of this title at the time of the death of the veteran, the
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Secretary may provide bereavement counseling to that in-
dividual in the case of a death—
‘‘(1) that was unexpected; or
‘‘(2) that occurred while the veteran was par-
ticipating in a hospice program (or a similar pro-
gram) conducted by the Secretary.
‘‘(b) DEATHS IN ACTIVE SERVICE.—The Secretary
may provide bereavement counseling to an individual who
is a member of the immediate family of a member of the
Armed Forces who dies in the active military, naval, or
air service in the line of duty and under circumstances
not due to the person’s own misconduct.
‘‘(c) BEREAVEMENT COUNSELING DEFINED.—For
purposes of this section, the term ‘bereavement counseling’
means such counseling services, for a limited period, as
the Secretary determines to be reasonable and necessary
to assist an individual with the emotional and psycho-
logical stress accompanying the death of another indi-
vidual.
‘‘§ 1784. Humanitarian care
‘‘The Secretary may furnish hospital care or medical
services as a humanitarian service in emergency cases, but
the Secretary shall charge for such care and services at
rates prescribed by the Secretary.’’.
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(c) TRANSFER
OF CHAMPVA SECTION.—Section
1713 is—
(1) transferred to subchapter VIII of chapter
17 of title 38, United States Code, as added by sub-
section (b), and inserted after the subchapter head-
ing;
(2) redesignated as section 1781; and
(3) amended by adding at the end of subsection
(b) the following new sentence: ‘‘A dependent or sur-
vivor receiving care under the preceding sentence
shall be eligible for the same medical services as a
veteran, including services under sections 1782 and
1783 of this title.’’.
(d) REPEAL OF RECODIFIED AUTHORITY.—Section
1711 is amended by striking subsection (b).
(e) CROSS REFERENCE AMENDMENTS.—Title 38,
United States Code, is further amended as follows:
(1) Section 103(d)(5)(B) is amended by strik-
ing ‘‘1713’’ and inserting ‘‘1781’’.
(2) Sections 1701(5) is amended by striking
‘‘1713(b)’’ in subparagraphs (B) and (C)(i) and in-
serting ‘‘1781(b)’’.
(3) Section 1712A(b) is amended—
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(A) in the last sentence of paragraph (1),
by striking ‘‘section 1711(b)’’ and inserting
‘‘section 1784’’; and
(A) in paragraph (2), by striking ‘‘section
1701(6)(B)’’ and inserting ‘‘sections 1782 and
1783’’.
(4) Section 1729(f) is amended by striking
‘‘section 1711(b)’’ and inserting ‘‘section 1784’’.
(5) Section 1729A(b) is amended—
(A) by redesignating paragraph (7) as
paragraph (8); and
(B) by inserting after paragraph (6) the
following new paragraph (7):
‘‘(7) Section 1784 of this title.’’.
(6) Section 8111(g) is amended—
(A) in paragraph (4), by inserting ‘‘serv-
ices under sections 1782 and 1783 of this title’’
after ‘‘of this title,’’; and
(B) in paragraph (5), by striking ‘‘section
1711(b) or 1713’’ and inserting ‘‘section 1782,
1783, or 1784’’.
(7) Section 8111A(a)(2) is amended by insert-
ing ‘‘, and the term ‘medical services’ includes serv-
ices under sections 1782 and 1783 of this title’’ be-
fore the period at the end.
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(8) Section 8152(1) is amended by inserting
‘‘services under sections 1782 and 1783 of this
title,’’ after ‘‘of this title),’’.
(9) Sections 8502(b), 8520(a), and 8521 are
amended by striking ‘‘the last sentence of section
1713(b)’’ and inserting ‘‘the penultimate sentence of
section 1781(b)’’.
(f) CLERICAL AMENDMENTS.—
(1) The table of sections at the beginning of
such chapter is amended—
(A) by striking the item relating to section
1707 and inserting the following:
‘‘1707. Limitations.’’;
(B) by striking the item relating to section
1713; and
(C) by adding at the end the following:
‘‘SUBCHAPTER VIII—HEALTH CARE OF PERSONS OTHER THAN VETERANS
‘‘1781. Medical care for survivors and dependents of certain veterans.
‘‘1782. Counseling, training, and mental health services for immediate family
members.
‘‘1783. Bereavement counseling.
‘‘1784. Humanitarian care.’’.
(2) The heading for section 1707 is amended to
read as follows:
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‘‘§ 1707. Limitations’’.
SEC. 209. EXTENSION OF EXPIRING COLLECTIONS AU-
THORITIES.
(a) 
HEALTH
CARE
COPAYMENTS.—Section
1710(f)(2)(B) is amended by striking ‘‘September 30,
2002’’ and inserting ‘‘September 30, 2007’’.
(b) MEDICAL
CARE
COST
RECOVERY.—Section
1729(a)(2)(E) is amended by striking ‘‘October 1, 2002’’
and inserting ‘‘October 1, 2007’’.
SEC. 210. PERSONAL EMERGENCY RESPONSE SYSTEM FOR
VETERANS WITH SERVICE-CONNECTED DIS-
ABILITIES.
(a) EVALUATION
AND STUDY.—The Secretary of
Veterans Affairs shall carry out an evaluation and study
of the feasibility and desirability of providing a personal
emergency response system to veterans who have service-
connected disabilities. The evaluation and study shall be
commenced not later than 60 days after the date of the
enactment of this Act.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit
to the Committees on Veterans’ Affairs of the Senate and
House of Representatives a report on the evaluation and
study under subsection (a). The Secretary shall include
in the report the Secretary’s findings resulting from the
evaluation and study and the Secretary’s conclusion as to
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whether the Department of Veterans Affairs should pro-
vide a personal emergency response system to veterans
with service-connected disabilities.
(c) AUTHORITY TO PROVIDE SYSTEM.—If the Sec-
retary concludes in the report under subsection (b) that
a personal emergency response system should be provided
by the Department of Veterans Affairs to veterans with
service-connected disabilities—
(1) the Secretary may provide such a system,
without charge, to any veteran with a service-con-
nected disability who is enrolled under section 1705
of title 38, United States Code, and who submits an
application for such a system under subsection (d);
and
(2) the Secretary may contract with one or
more vendors to furnish such a system.
(d) APPLICATION.—A personal emergency response
system may be provided to a veteran under subsection
(c)(1) only upon the submission by the veteran of an appli-
cation for the system. Any such application shall be in
such form and manner as the Secretary may require.
(e) DEFINITION.—For purposes of this section, the
term ‘‘personal emergency response system’’ means a
device—
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(1) that can be activated by an individual who
is experiencing a medical emergency to notify appro-
priate emergency medical personnel that the indi-
vidual is experiencing a medical emergency; and
(2) that provides the individual’s location
through a Global Positioning System indicator.
SEC. 211. ONE-YEAR EXTENSION OF ELIGIBILITY FOR
HEALTH CARE OF VETERANS WHO SERVED IN
SOUTHWEST ASIA DURING THE PERSIAN
GULF WAR.
Section 1710(e)(3)(B) is amended by striking ‘‘De-
cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
Passed the House of Representatives December 11,
2001.
Attest:
JEFF TRANDAHL,
Clerk.