Veterans' Administration Health-Care Programs Improvement and Extension Act of 1982
PL 97-251 (H.R.6350), enacted 09/08/1982

PUBLIC LAW 97-251—SEPT. 8, 1982 
96 STAT. 711 
Public Law 97-251 
97th Congress 
An Act 
To amend title 38, United States Code, to enhance recruitment and retention by the 
Veterans' Administration of nurses and certain other health-care personnel, to 
improve the Veterans' Administration Health Professional Scholarship Program 
and certain aspects of other Veterans' Administration health-care programs, and to 
extend certain expiring Veterans' Administration health-care programs; and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE; R E F E R E N C E S TO TITLE 38, UNITED STATES CODE 
SECTION 1. (a) This Act may be cited as the "Veterans' Administra-
tion Health-Care Programs Improvement and Extension Act of 
1982". 
(b) Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment to, 
or a 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. 
Sept. 8, 1982 
[H.R. 6350] 
Veterans' 
Administration 
Health-Care 
Programs 
Improvement 
and Extension 
Act of 1982. 
38 u s e 101 note. 
PAY AND WORK SCHEDULES FOR NURSES AND CERTAIN OTHER HEALTH-
CARE PERSONNEL 
SEC. 2. (a) Paragraph (10) of section 4107(e) is amended to read as 
follows: 
"(10)(A) Notwithstanding any other provision of law but subject to 
subparagraphs (B) and (C) of this paragraph, if the Administrator 
determines it to be necessary in order to obtain or retain the 
services of nurses, the Administrator— 
"(i) may increase the rates of additional pay authorized under 
paragraphs (2) through (8) of this subsection; and 
"(ii) may extend the period for which additional pay author-
ized under paragraph (3) of this subsection is paid to include 
part or all of a tour of duty any part of which is within the 
period commencing at midnight Friday and ending at midnight 
Saturday. 
"(B) An increase under subparagraph (A)(i) of this paragraph in 
rates of additional pay (i) may be made at any specific Veterans' 
Administration health-care facility in order to provide nurses, or 
any category of nurses, at such facility additional pay in an amount 
competitive with, but not exceeding, the amount of the same type of 
pay that is paid to the same category of nurses at non-Federal 
health-care facilities in the same geographic area as such Veterans' 
Administration health-care facility (based upon a reasonably repre-
sentative sampling of such non-Federal facilities), and (ii) may be 
made on a nationwide, local, or other geographic beisis if the Admin-
istrator finds that such an increase is justified on the basis of a 
review of the need for such increase (based upon a reasonably 
38 u s e 4107. 
96 STAT. 712 
PUBLIC LAW 97-251—SEPT. 8, 1982 
representative sampling of non-Federal health-care facilities in the 
geographic area involved). 
"(C)(i) An extension under subparagraph (A)(ii) of this paragraph 
of the period for which additional pay may be paid under paragraph 
(3) of this subsection may be made on a nationwide, local, or other 
geographic basis. Any such extension shall be based on a determina-
tion by the Administrator that such extension is justified on the 
basis of a review of the need for such extension in such geographic 
area. 
"(ii) The rates of additional pay payable pursuant to an extension 
under such subparagraph shall be established as a percentage of the 
applicable hourly rates of basic pay. Such rates of additional pay 
may not exceed the lesser of (I) the percentage of such hourly rates 
of basic pay that the Administrator determines is necessary to be 
paid within the geographic area involved in order to obtain or retain 
the services of nurses, and (II) the percentage provided for in 
paragraph (3) of this subsection of the applicable hourly rate of basic 
pay.'t 
(b) Section 4107(f) is amended by striking out 
paragraphs (2) 
through (8) of. 
(c) Section 4107 is amended by adding at the end the following new 
subsection: 
"(h)(1) Notwithstanding any other provision of law but subject to 
paragraph (2) of this subsection, if the Administrator determines it 
to be necessary in order to obtain or retain the services of nurses at 
any Veterans' Administration health-care facility, the Administra-
tor may provide, in the case of nurses appointed under this sub-
chapter and employed at such facility, that such nurses who work 
two regularly scheduled twelve-hour tours of duty within the period 
commencing at midnight Friday and ending at midnight the follow-
ing Sunday shall be considered for all purposes (except computation 
of full-time equivalent employees for the purposes of determining 
compliance with personnel ceilings) to have worked a full forty-hour 
basic workweek. 
"(2)(A) Basic and additional pay for a nurse who is considered 
under paragraph (1) of this subsection to have worked a full forty-
hour basic workweek shall be subject to subparagraphs (B) and (C) of 
this paragraph. 
"(B) The hourly rate of basic pay for such a nurse for service 
performed as part of a regularly scheduled twelve-hour tour of duty 
within the period commencing at midnight Friday and ending at 
midnight the following Sunday shall be derived by dividing the 
nurse's annual rate of basic pay by one thousand two hundred and 
forty-eight. 
Overtime pay. 
"(C)(i) Such a nurse who performs a period of service in excess of 
such nurse's regularly scheduled two twelve-hour tours of duty is 
entitled to overtime pay under subsection (e)(5) of this section, or 
other applicable law, for officially ordered or approved service per-
formed in excess of eight hours on a day other than a Saturday or 
Sunday or in excess of twenty-four hours within the period com-
mencing at midnight Friday and ending at midnight the following 
Sunday. 
"(ii)(I) Except as provided in subdivision (II) of this division, a 
nurse to whom this paragraph is applicable is not entitled to addi-
tional pay under subsection (e) of this section, or other applicable 
law, for any period included in a regularly scheduled twelve-hour 
tour of duty. 
PUBLIC LAW 97-251—SEPT. 8, 1982 
96 STAT. 713 
"(II) If the Administrator determines it to be further necessary in 
order to obtain or retain the services of nurses at a particular 
facility, a nurse to whom this paragraph is applicable who performs 
service in excess of such nurse's regularly scheduled two twelve-
hour tours of duty may be paid overtime pay under subsection (e)(5) 
of this section, or other applicable law, for all or part of the hours of 
officially ordered or approved service performed by such nurse in 
excess of forty hours during an administrative workweek. 
"(3) A nurse described in paragraph (2)(A) of this subsection who is 
absent on approved sick leave or annual leave during a regularly 
scheduled twelve-hour tour of duty shall be charged for such leave 
at a rate of five hours of leave for three hours of absence. 
"(4) The Administrator shall prescribe regulations for the imple-
mentation of this subsection.". 
(d)(1) Not later than one hundred and twenty days after the date 
of the enactment of this Act, the Administrator of Veterans' Affairs 
shall publish in the Federal Register, for public review and com-
ment for a period of not to exceed sixty days, proposed regulations 
for the implementation of subsection (e)(10) of section 4107 of title 
38, United States Code (as amended by subsection (a) of this section), 
subsection (g) of such section, and subsection (h) of such section (as 
added by subsection (c) of this section). 
(2) Not later than three hundred days after the date of the 
enactment of this Act, the Administrator of Veterans' Affairs shall 
publish in the Federal Register final regulations for the implemen-
tation of such subsections. 
Regulations. 
Proposed 
regulations; 
publication in 
Federal 
Register. 
38 u s e 4107 
note. 
Final 
regulations; 
publication in 
Federal 
Register. 
HEALTH PROFESSIONAL SCHOLARSHIP PROGRAM 
SEC. 3. (a) Section 4142 is amended— 
(1) in subsection (a)— 
(A) by striking out "full-time" in clause (1); and 
(B) by adding below clause (4) the following new sen-
tences: 
"To be accepted as a participant in the Scholarship Program, an 
individual must be accepted for enrollment or be enrolled (as 
described in clause (1) of this subsection) as a full-time student, 
except that an individual who is a Veterans' Administration em-
ployee described in subsection (g)(1) of this section may be accepted 
as a participant if accepted for enrollment or enrolled (as described 
in clause (1) of this subsection) for study on less than a full-time but 
not less than a half-time basis. (Such a participant is hereinafter in 
this subchapter referred to as a 'part-time student'.)"; 
(2) in subsection (e)(l)(A)(i), by inserting "(or in a case in 
which an extension is granted under subsection (g)(3) of this 
section, the number of school years provided for as a result of 
such extension)" after "years"; 
(3) in subsection (e)(1)(B)— 
(A) by inserting "(to be reduced, in the case of a partici-
pant who is a part-time student, in accordance with the 
proportion that the number of credit hours carried by such 
participant in any such school year bears to the number of 
credit hours required to be carried by a full-time student in 
the course of training being pursued by the participant)" in 
division (iv)(I) after "Scholarship Program"; 
38 u s e 4142. 
Participant 
eligibility 
requirements. 
96 STAT. 714 
PUBLIC LAW 97-251—SEPT. 8, 1982 
Stipend; 
limitations. 
Maximum 
stipend. 
Scholarship 
award period 
extension. 
38 use 4143. 
(B) by striking out "years; and" in division (iv)(II) and 
inserting in lieu thereof "years (or, in the case of a partici-
pant who is a part-time student, one calendar year);"; 
(C) by inserting "and" at the end of division (v); and 
(D) by adding at the end the following new division: 
"(vi) in the case of a participant who is a part-time 
student, to maintain employment, while enrolled in 
such course of training, as a Veterans' Administration 
employee permanently assigned to a Veterans' Admin-
istration health-care facility;"; 
(3) in subsection (f)— 
(A) by inserting a comma and "except that a stipend may 
not be paid to a participant who is a full-time employee of 
the Veterans' Administration and the stipend of a partici-
pant who is a part-time student shall be adjusted as pro-
vided in subsection (g)(2) of this section" before the period 
at the end of paragraph (1)(B); and 
(B) by inserting "maximum" after "The" in paragraph 
(3); 
(4) by redesignating subsections (g), (h), and (i) as subsections 
(h), (i), and (j), respectively; 
(5) by inserting after subsection (f) the following new subsec-
tion (g): 
"(g)(1) To be accepted as a participant as a part-time student, an 
individual must be a full-time Veterans' Administration employee 
permanently assigned to a Veterans' Administration health-care 
facility on the date on which such individual submits the application 
referred to in subsection (a)(2) of this section and on the date on 
which such individual becomes a participant in the Scholarship 
Program. 
"(2) If a participant in the Scholarship Program is awarded a 
scholarship as a part-time student— 
"(A) the maximum amount of the stipend payable to such 
participant under subsection (f)(1)(B) of this section shall be 
reduced in accordance with the proportion that the number of 
credit hours carried by such participant bears to the number of 
credit hours required to be carried by a full-time student in the 
course of training being pursued by the participant; and 
"(B) a stipend may not be paid to such participant under such 
subsection for any month during which such participant is not 
actually attending the course of training in which such partici-
pant is enrolled. 
"(3) In the case of a participant who is a part-time student, the 
Administrator may extend the scholarship award period to a maxi-
mum of six school years if the Administrator determines that such 
an extension would be in the best interest of the United States."; 
and 
(6) in subsection (h) (as redesignated by clause (4))— 
(A) by inserting "by virtue of their participation in such 
program (1)" after "Program shall not'; 
(B) by striking out "and shall not" and inserting in lieu 
thereof a comma and "or (2)"; 
(C) by striking out "employment" and inserting in lieu 
thereof "personnel"; and 
(D) by striking out "while they" and all that follows 
through "clinical training". 
(b)(1) Section 4143(b) is amended— 
PUBLIC LAW 97-251—SEPT. 8, 1982 
96 STAT. 715 
(A) by inserting "who is a full-time student or the date 
described in paragraph (5) of this subsection with respect to a 
participant who is a part-time student" in paragraph (1) after 
"Scholarship Program"; 
(B) by amending paragraph (2) to read as follows: 
"(2) As soon as possible after the applicable date described in 
paragraph (3) of this subsection or provided for under paragraph (5) 
of this subsection, the Administrator shall— 
"(A) in the case of a participant who is not a full-time 
employee in the Department of Medicine and Surgery, appoint 
such participant as such an employee; and 
"(B) in the case of a participant who is such an employee but 
is not serving in a position for which such participant's course 
of training prepared such participant, assign such participant to 
such a position."; 
(C) in paragraph (3)(B) by inserting "the later of (i) the date 
upon which the participant completes such participant's course 
of training, or (ii)" after "is"; and 
(D) by adding at the end the following new paragraph: 
"(5) The Administrator shall by regulation prescribe the date for 
the beginning of the period of obligated service of a participant who 
was a part-time student. Such regulations shall prescribe terms as 
similar as practicable to the terms set forth in paragraph (3) of this 
subsection. . 
(2) Section 4143(c) is amended to read as follows: 
"(c)(1) Except as provided in paragraph (2) of this subsection, a 
participant in the Scholarship Program shall be considered to have 
begun serving such participant's period of obligated service— 
"(A) on the date, after such participant's course completion 
date, on which such participant (in accordance with subsection 
(a) of this section) is appointed under this chapter as a full-time 
employee in the Department of Medicine and Surgery; or 
"(B) if the participant is a full-time employee in the Depart-
ment of Medicine and Surgery on such course completion date, 
on the date thereafter on which such participant is assigned to a 
position for which such participants course of training pre-
pared such participant. 
"(2) A participant in the Scholarship Program who on such par-
ticipant's course completion date is a full-time employee in the 
Department of Medicine and Surgery serving in a capacity for which 
such participant's course of training prepared such participant shall 
be considered to have begun serving such participant's period of 
obligated service on such course completion date. 
"(3) For the purposes of this subsection, the term 'course comple-
tion date' means the date on which a participant in the Scholarship 
Program completes such participant's course of training under the 
program.". 
(c) Section 4144(b) is amended— 
(1) in clauses (1) and (2), by striking out the semicolon at the 
end and inserting in lieu thereof a comma; 
(2) by striking out the semicolon and "or" at the end of clause 
(3) and inserting in lieu thereof a comma; 
(3) by striking out the semicolon at the end of clause (4) and 
inserting in lieu thereof a comma and "or"; and 
(4) by inserting after clause (4) the following new clause: 
"(5) in the case of a participant who is a part-time student, 
fails to maintain employment, while enrolled in the course of 
"Course 
completion 
date." 
38 use 4144. 
96 STAT. 716 
PUBLIC LAW 97-251—SEPT. 8, 1982 
training being pursued by such participant, as a Veterans' 
Administration employee permanently assigned to a Veterans' 
Administration health-care facility,". 
CONTRACT CARE IN PUERTO RICO AND THE VIRGIN ISLANDS 
38 use 601. 
SEC 4. Section 601(4)(C)(v) is amended by striking out "September 
30, 1982," and inserting in lieu thereof "September 30, 1983,". 
38 use 613 
Effective date. 
38 u s e 613 note. 
RESTORATION OF CHAMPVA ELIGIBILITY FOR CERTAIN MEDICARE 
BENEFICIARIES 
SEC 5. (a) Section 613 is amended by adding at the end the 
following new subsection: 
"(d) Notwithstanding the second sentence of section 1086(c) of title 
10 or any other provision of law, any spouse, surviving spouse, or 
child who, after losing eligibility for medical care under this section 
by virtue of becoming entitled to hospital insurance benefits under 
part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et 
seq.), has exhausted any such benefits shall become eligible for 
medical care under this section and shall not thereafter lose such 
eligibility under this section by virtue of becoming again eligible for 
such hospital insurance benefits.". 
(b) The amendment made by subsection (a) shall take effect on 
October 1,1982. 
EXTENSION FOR REPORT ON ALCOHOL AND DRUG DEPENDENCE AND 
ABUSE PILOT PROGRAM 
38 use 620A. 
SEC 6. Section 620A(f) is amended by striking out "March 31, 
1983," and "September 30, 1982," and inserting in lieu thereof 
"March 31,1984," and "September 30,1983,", respectively. 
38 use 643. 
TECHNICAL AMENDMENT RELATING TO PAYMENTS TO STATE VETERANS 
HOMES 
SEC. 7. Section 643 is amended by striking out "of any war". 
AUTHORIZATION OF APPROPRIATIONS FOR GRANTS TO STATE VETERANS 
HOMES 
38 use 5033. 
SEC 8. The first sentence of section 5033(a) is amended to read as 
follows: "There is hereby authorized to be appropriated $15,000,000 
for fiscal year 1980 and such sums as may be necessarv for fiscal 
year 1981 and for each of the five succeeding fiscal years.'. 
EXCHANGE OF MEDICAL INFORMATION WITH STATE VETERANS' HOMES 
38 use 5054. 
SEC 9. Section 5054(b) is amended by inserting "(including State 
home facilities furnishing domiciliary, nursing home, or hospital 
care to veterans)" before the period at the end of the first sentence. 
Report to 
eongress. 
38 u s e 219 note. 
REPORT ON THE USE OF FLEXIBLE AND COMPRESSED WORK SCHEDULES 
BY THE V E T E R A N S ' ADMINISTRATION 
SEC 10. Not later than July 1, 1984, the Administrator of Veter-
ans' Affairs shall submit to Congress a report on the results of the 
use of flexible and compressed work schedules by the Veterans' 
PUBLIC LAW 97-251—SEPT. 8, 1982 
96 STAT. 717 
Administration. Such report shall include (1) an evaluation of the 
effects of the use of such schedules on the recruitment and retention 
of Veterans' Administration employees, on such employees' produc-
tivity and morale, and on such employees' effectiveness in carrying 
out the missions of the Veterans' Administration, and (2) such 
recommendations for administrative or legislative action, or both, as 
the Administrator considers appropriate in light of the need for and 
use of flexible and compressed work schedules by the Veterans' 
Administration. 
Approved September 8, 1982. 
LEGISLATIVE HISTORY—H.R. 6350 (S. 2385): 
HOUSE REPORT No. 97-543 (Comm. on Veterans' Affairs). 
SENATE REPORT No. 97-467 accompanying S. 2385 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
June 14, 15, considered and passed House. 
June 21, considered and passed Senate, amended, in lieu of S. 2385. 
Aug. 19, House concurred in Senate amendments with amendments. 
Aug. 20, Senate concurred in House amendments.