IB
Union Calendar No. 519
106TH CONGRESS
2D SESSION
H. R. 5109
[Report No. 106–863]
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) in-
troduced the following bill; which was referred to the Committee on Vet-
erans’ Affairs
SEPTEMBER 18, 2000
Additional sponsors: Mr. LATOURETTE, Mr. SNYDER, Mr. JENKINS, Mrs.
CAPPS, Mr. WELDON of Florida, Mr. RUSH, Ms. CARSON, Mrs. EMER-
SON, Mr. SIMPSON, Mr. HANSEN, Mr. PETERSON of Minnesota, Mr. GIB-
BONS, Ms. BERKLEY, Mrs. JONES of Ohio, Ms. HOOLEY of Oregon, Mr.
WHITFIELD, Mr. BILIRAKIS, Mr. COOKSEY, Mr. BUYER, Mr. HINOJOSA,
Mr. TIAHRT, Mr. SMITH of New Jersey, Ms. BALDWIN, Mr. REYES, Mr.
OBERSTAR, Mr. HILL of Montana, Ms. BROWN of Florida, Mr. WAMP,
Mr. JONES of North Carolina, Mr. GREEN of Texas, Mr. HAYWORTH,
Mr. LAHOOD, Mr. SAWYER, Mr. GEKAS, Mr. LEWIS of Kentucky, Mr.
HALL of Texas, Mr. DEAL of Georgia, Mr. HILLEARY, Mr. ISAKSON, Mr.
GALLEGLY, Mr. RODRIGUEZ, Mr. UDALL of New Mexico, and Mr. BAKER
SEPTEMBER 18, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 6, 2000]
A BILL
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘De-
partment 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 corporations.
Sec. 404. Department of Veterans Affairs Fisher Houses.
Sec. 405. Extension of annual report of Committee on Mentally Ill Veterans.
Sec. 406. Exception to recapture rule.
Sec. 407. Change to enhanced use lease congressional notification period.
Sec. 408. Technical and conforming changes.
Sec. 409. Release of reversionary interest of the United States in certain real
property previously conveyed to the State of Tennessee.
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 provision,
the reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I—PERSONNEL MATTERS
SEC. 101. ANNUAL NATIONAL PAY COMPARABILITY ADJUST-
MENT FOR NURSES EMPLOYED BY DEPART-
MENT OF VETERANS AFFAIRS.
(a) REVISED PAY ADJUSTMENT PROCEDURES.—Sec-
tion 7451 is amended—
(1) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘The rates’’ and insert-
ing ‘‘Subject to subsection (e), the rates’’;
and
(ii) in subparagraph (A), by inserting
‘‘and to be by the same percentage’’ after
‘‘to have the same effective date’’;
(B) in paragraph (2), by striking ‘‘Such’’
in the second sentence and inserting ‘‘Except as
provided in paragraph (1)(A), such’’;
(C) in paragraph (3)(B)—
(i) by inserting after the first sentence
the following new sentence: ‘‘To the extent
practicable, the director shall use third-
party industry wage surveys to meet the re-
quirements of the preceding sentence.’’;
(ii) by inserting before the penultimate
sentence the following new sentence: ‘‘To the
extent practicable, all surveys conducted
pursuant to this subparagraph or subpara-
graph (A) shall include the collection of sal-
ary midpoints, actual salaries, lowest and
highest salaries, average salaries, bonuses,
incentive pays, differential pays, actual be-
ginning rates of pay and such other infor-
mation needed to meet the purpose of this
section.’’; and
(iii) in the penultimate sentence, by
inserting ‘‘or published’’ after ‘‘completed’’;
(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 applica-
ble to any grade of a covered position.
‘‘(2) The director of a Department health-care facility,
in determining whether to carry out a wage survey 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 recruitment
or retention problem for personnel in that grade of that po-
sition. The director shall make such a determination 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 Di-
rector 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 beginning
after such action. The Secretary shall ensure that the Under
Secretary establishes a mechanism for the exercise of the au-
thority in the preceding sentence.
‘‘(4) Each director of a Department health-care facility
shall provide to the Secretary, not later than July 31 each
year, a report on staffing for covered positions at that facil-
ity. 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 pre-
ceding 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 Secretary,
a significant pay-related staffing problem at that fa-
cility for any grade of a covered position and, if so,
whether a wage survey was conducted, or will be con-
ducted 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 ac-
tions 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,
a statement of the reasons why the director did not
conduct such a survey.
‘‘(5) Not later than September 30 of each year, the Sec-
retary shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives a report on
staffing for covered positions at Department healthcare fa-
cilities. 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 spec-
ified 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—
‘‘(1) the director of a geographic service area, in
formulating policy relating to the provision of patient
care, shall consult regularly with a senior nurse exec-
utive 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 center to pro-
vide recommendations or decisions on medical center
operations or policy affecting clinical services, clinical
outcomes, budget, or resources.’’.
(2) The table of sections at the beginning of such chap-
ter 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 inserting
‘‘$9,000’’.
(b) SPECIAL PAY FOR POST-GRADUATE TRAINING.—
Such section is amended by adding at the end the following
new paragraph:
‘‘(8) For a dentist who has successfully completed
a post-graduate year of hospital-based training in a
program accredited by the American Dental Associa-
tion, an annual rate of $2,000 for each of the 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 inserting
‘‘$30,000’’.
(e) GEOGRAPHIC PAY.—Paragraph (6) of that section
is amended by striking ‘‘$5,000’’ and inserting ‘‘$12,000’’.
(f) RESPONSIBILITY PAY.—(1) The table in paragraph
(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 deter-
mined 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
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.’’.
(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 Department
of Veterans Affairs Health Care Personnel Act of 2000 shall
be entitled to have special pay paid to the dentist 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.
‘‘(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 section
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 Ad-
ministration 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 enact-
ment of this Act that expires after the effective date specified
in subsection (h), the Secretary of Veterans Affairs 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.
(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 enact-
ment of this Act and ending on the effective date specified
in subsection (h)(2), an extension or renewal of that agree-
ment 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 end-
ing 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
(3) by adding at the end the following new para-
graph:
‘‘(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 Sec-
retary on all matters relating to the utilization and
employment of physician assistants in the Adminis-
tration.’’.
SEC. 105. TEMPORARY FULL-TIME APPOINTMENTS OF CER-
TAIN MEDICAL PERSONNEL.
(a) PHYSICIAN ASSISTANTS AWAITING CERTIFICATION
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 recognized
school of nursing, approved by the Secretary; 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 as-
sistant, in a recognized education or training in-
stitution 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 ex-
ceed three years.
‘‘(B) Temporary full-time appointments under this
paragraph may be renewed for one or more additional peri-
ods 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-
retary may waive the requirement of licensure or cer-
tification for an individual social worker for a rea-
sonable 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 Re-
duction 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 Department.’’.
(2) Section 1105(a) is amended by striking ‘‘26
percent’’ and inserting ‘‘15 percent’’.
(3) Section 1109(a) is amended by striking ‘‘De-
cember 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 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, California,
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, Tennessee,
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, ac-
count, $101,900,000 for the projects authorized in section
101(a).
(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 appropriations
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 Veterans
Affairs, in carrying out the responsibilities of the Secretary
under chapter 17 of title 38, United States Code, shall en-
sure 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
(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 submit
to the Committees on Veterans’ Affairs of the Senate and
House of Representatives a report on the feasibility and de-
sirability of using a computer-based system in conducting
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 en-
actment 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.
(c) INFORMATION TO BE INCLUDED.—The study con-
ducted 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 problems
with such disorder; and
(4) the services used by veterans who have post-
traumatic stress disorder and the effect of those serv-
ices on the course of the disorder.
(d) REPORT.—The Secretary shall submit to the Com-
mittees of Veterans’ Affairs of the Senate and House of Rep-
resentatives 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:
‘‘§ 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 Secretary,
subject to subsection (b), may pay certain costs described
in subsection (b) for which an eligible veteran would other-
wise 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 ap-
plicable health-care plan of the veteran, but only to the ex-
tent such care and services are of the kind authorized under
this chapter. The Secretary shall limit the care and services
for which payment may be made under the program to gen-
eral medical and surgical services and shall require that
such services may be provided only upon preauthorization
by the Secretary.
‘‘(3) Notwithstanding subparagraph (D) of paragraph
(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, co-
ordinate the care being furnished directly by the Secretary
and care furnished under the program in non-Department
hospitals to veterans participating in the program.
‘‘(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 dis-
persed;
‘‘(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 oper-
ated 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 critical
mass of patients needed to maintain a Department
medical center that serves that area.
‘‘(2) Notwithstanding paragraph (1)(B), the Secretary
may designate for participation in the program at least one
area which is in proximity to a Department medical 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 sub-
section (a).
‘‘(2) Not later than September 30, 2004, the Secretary
shall submit to those committees a report on the experience
in operating the pilot program during the first two full fis-
cal years during which the pilot program is conducted.
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 par-
ticipants in the program; and
‘‘(C) an analysis of the effect of the program on
access and quality of care for veterans.
‘‘(g) The total amount expended for the pilot program
in any fiscal year (including amounts for administrative
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’’.
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 lodg-
ing under subsection (a) are the following:
‘‘(1) A veteran who must travel a significant dis-
tance 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
‘‘(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 providing
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 providing 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 lodg-
ing;
‘‘(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 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 Secretary
of an outpatient clinic in facilities described in subsection
(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).’’.
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 ‘‘re-
quirements 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 Johnson City,
Tennessee) to the State of Tennessee’’, approved June 6,
1953 (67 Stat. 54).
(b) SPECIFIED REVERSIONARY INTEREST.—Subsection
(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 conveyed 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.