Veterans Health Programs Extension and Improvement Act of 1979
PL 96-151 (H.R.3892), enacted 12/20/1979

93 STAT. 1092 
PUBLIC LAW 96-151—DEC. 20, 1979 
Dec. 20, 1979 
[H.R. 3892] 
Veterans Health 
Programs 
Extension and 
Improvement 
Act of 1979. 
38 u s e 101 note. 
38 u s e 5033. 
38 u s e 641. 
Effective date. 
38 u s e 641 note. 
38 u s e 5054. 
Public Law 96-151 
96th Congress 
An Act 
38 u s e 5055. 
To amend title 38, United States eode, to extend the authorizations of appropri-
ations for certain grant programs and to revise certain provisions regarding such 
programs, to revise and clarify eligibility for certain health-care benefits, to revise 
certain provisions relating to the personnel system of the Department of Medicine 
and Surgery, and to assure that personnel ceilings are allocated to the Veterans' 
Administration to employ the health-care staff for which funds are appropriated; 
to require the Veterans' Administration to conduct an epidemiological study 
regarding veterans exposed to Agent Orange; and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That (a) this Act 
may be cited as the "Veterans Health Programs Extension and 
Improvement Act of 1979", 
(b) Whenever in this Act (except in section 306) 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—EXTENSION AND IMPROVEMENT OF CERTAIN EX-
PIRING VETERANS' ADMINISTRATION HEALTH PRO-
GRAMS 
GRANTS TO STATE HOME FACILITIES 
SEC. 101. (a) Section 5033(a) is amended by striking out "and a like 
sum for the succeeding fiscal year" and inserting in lieu thereof "a 
like sum for each of the two succeeding fiscal years, and such sums as 
may be necessary for the fiscal years ending September 30,1981, and 
September 30,1982". 
(b)(1) Section 641(a) is amended by striking out "$5.50", "$10.50", 
and "$11.50" and inserting in lieu thereof "$6.35", "$12.10", and 
"$13.25", respectively. 
(2) The amendments made by paragraph (1) shall take effect on 
January 1,1980, but, with respect to fiscal year 1980, shall take effect 
only to such extent and in such amounts as may be specifically 
provided for such purpose in appropriation Acts. 
E X C H A N G E O F M E D I C A L INFORMATION 
SEC. 102. (a) Section 5054 is amended by adding at the end the 
following new subsection: 
"(c) The Administrator is authorized to enter into agreements with 
public and nonprofit private institutions, organizations, corporations, 
and other entities in order to participate in cooperative health-care 
personnel education programs within the geographical area of any 
Veterans' Administration health-care facility located in an area 
remote from major academic health centers.". 
(b) Section 5055(cXl) is amended by inserting "and for each of the 
three succeeding fiscal years" after "fiscal year 1979". 
PUBLIC LAW 96-151—DEC. 20, 1979 
93 STAT. 1093 
ASSISTANCE TO HEALTH MANPOWER TRAINING INSTITUTIONS 
SEC. 103. (a) Subsection (b) of section 5070 is amended to read as 38 use 5070. 
follows: 
"(b) The Administrator may not enter into any agreement under 
subchapter I of 
this chapter after September 30,1979.". 
38 use 507i. 
(bXD Subsection (a) of section 5082 is amended to read as follows: Appropriation 
"(a) There is authorized to be appropriated for carrying out IguscftosT 
programs authorized under this chapter $50,000,000 for the fiscal 
year ending June 30,1973; a like sum for each of the six succeeding 
fiscal years; $15,000,000 for the fiscal year ending September 30,1980; 
$25,000,000 for the fiscal year ending September 30, 1981; and 
$30,000,000 for the 
fiscal 
year ending September 30,1982.". 
(2) Clause (1) of 
section 50830)) is amended by striking out "and will 38 use 5083. 
result" and all that follows in such clause through "at such school". 
TITLE II—MODIFICATION OF VETERANS HEALTH CARE 
AND RELATED BENEFITS 
BENEFICIARY TRAVEL REIMBURSEMENT 
SEC. 201. (a) Section lll(eX2XA) is amended by— 
38 use in. 
(1) striking out "based on an annual declaration and certifica-
tion by such person" and inserting in lieu thereof "pursuant to 
regulations which the Administrator shall prescribe"; and 
(2) striking out "a veteran" and all that follows through "title" 
and inserting in lieu thereof "a person receiving benefits for or in 
connection with a service-connected disability under this title, a 
veteran receiving or eligible to receive pension under section 521 
of this title, or a person whose annual income, determined in 38 use 521. 
accordance with section 503 of this title, does not exceed the 38 use 503. 
maximum annual rate of 
pension which would be payable to such 
person if such person were eligible for pension under section 521 
of 
this title". 
(b) Section 601 is amended by— 
38 use 60i. 
(1) striking out "transportation" in paragraph (5)(A) and 
inserting in lieu thereof "travel"; 
(2) striking out subclause (ii) of paragraph (5)(C) and inserting 
in lieu thereof "(ii) travel and incidental expenses for such 
dependent or survivor under the terms and conditions set forth 
in section 111 of 
this title"; and 
(3) striking out "necessary expenses of travel and subsistence" 
in paragraph (6)(B) and inserting in lieu thereof "travel and 
incidental expenses". 
(c) Section 614 is amended by— 
38 use 614. 
(1) striking out "necessary travel expenses" in subsection (a) 
and inserting in lieu thereof "travel and incidental expenses 
(under the terms and conditions set forth in section 111 of this 
title)"; and 
(2) striking out "all necessary travel expenses" in subsection 
(b) and inserting in lieu thereof "travel and incidental expenses 
(under the terms and conditions set forth in section 111 of this 
title)". 
(d) Section 628(a) is amended by striking out "the necessary travel" 38 use 628. 
and inserting in lieu thereof "travel and incidental expenses under 
the terms and conditions set forth in section 111 of this title". 
93 STAT. 1094 
PUBLIC LAW 96-151—DEC. 20, 1979 
CONTRACT HOSPITAL CARE 
38 use 601. 
SEC. 202. Section 601(4)(C)(iii) is amended by— 
(1) striking out "hospital care" the second place it appears and 
inserting in lieu thereof "medical services"; and 
(2) inserting "until such time as the veteran can be safely 
transferred to any such facility" after "of this paragraph . 
LIMITATION ON FURNISHING CONTRACT CARE DENTAL TREATMENT 
38 use 612. 
SEC. 203. Section 612(b) is amended by adding at the end below the 
last clause the following new sentence: "The total amount which the 
Administrator may expend for furnishing, during any twelve-month 
period, outpatient dental services, treatment, or related dental appli-
ances to a veteran under this section through private facilities for 
which the Administrator has contracted under clause (i), (ii), or (v) of 
38 use 601. 
section 601(4)(C) of this title may not exceed $500 unless the Adminis-
trator determines, prior to the furnishing of such services, treat-
ment, or appliances and based on an examination of the veteran by a 
dentist employed by the Veterans' Administration (or, in an area 
where no such dentist is available, by a dentist conducting such 
examination under a contract or fee arrangement), that the furnish-
ing of such services, treatment, or appliances at such cost is reason-
ably necessary.". 
HEALTH BENEFITS FOR VETERANS OF MEXICAN BORDER PERIOD AND 
WORLD WAR I AND FOR CERTAIN SEVERELY DISABLED VETERANS 
38 use 612. 
SEC. 204. Section 612(g) is amended by— 
(1) striking out "Where any veteran" and inserting in lieu 
thereof "In the case of any veteran who is a veteran of the 
Mexican border period or of World War I or who"; and 
(2) adding at the end thereof the following new sentence: "The 
Administrator may also furnish to any such veteran home health 
services under the terms and conditions set forth in subsection (f) 
of 
this section.". 
AMENDMENTS TO CHAMPVA PROGRAM 
38 use 613. 
SEC. 205. (a)(1) Section 613(a) is amended by— 
(A) striking out "wife" in clause (1) and inserting in lieu 
thereof "spouse"; 
(B) striking out "and" at the end of clause (1); 
(C) striking out "widow" in clause (2) and inserting in lieu 
thereof "surviving spouse"; 
(D) inserting "and" at the end of clause (2); and 
(E) inserting after clause (2) the following new clause: 
"(3) the surviving spouse or child of a person who died in the 
active military, naval, or air service in the line of duty and not 
due to such person's own misconduct,". 
(2) Section 613 is further amended by adding at the end the 
following new subsection: 
"(c) For the purposes of this section, a child between the ages of 
eighteen and twenty-three (1) who is eligible for benefits under 
subsection (a) of this section, (2) who is pursuing a full-time course of 
instruction at an educational institution approved under chapter 36 
38 use 1
7
7
0 et 
of this title, and (3) who, while pursuing such course of instruction, 
*^9- 
incurs a disabling illness or injury (including a disabling illness or 
injury incurred between terms, semesters, or quarters or during a 
PUBLIC LAW 96-151—DEC. 20, 1979 
93 STAT. 1095 
vacation or holiday period) which is not the result of such child's own 
willful misconduct and which results in such child's inability to 
continue or resume such child's chosen program of education at an 
approved educational institution shall remain eligible for benefits 
under this section until the end of the six-month period beginning on 
the date the disability is removed, the end of the two-year period 
beginning on the date of the onset of the disability, or the twenty-
third birthday of 
the child, whichever occurs first.". 
(b) The amendments made by subsection (a) shall take effect with 
respect to 
fiscal 
year 1980 only to such extent and for such amounts as 
may be specifically provided for such purpose in appropriation Acts. 
Effective date. 
38 u s e 613 note. 
EFFECTIVE DATE 
SEC. 206. Except as otherwise provided in section 20503), the 38 use ill note. 
amendments made by this title shall take effect on January 1,1980. 
TITLE III—VETERANS' ADMINISTRATION MEDICAL PERSON-
NEL AMENDMENTS AND MISCELLANEOUS PROVISIONS 
MEDICAL PERSONNEL STAFFING LEVELS 
SEC. 301. (a) Section 5010(a) is amended by adding at the end the 
following new paragraph: 
"(4)(A) With respect to each law making appropriations for the 
Veterans' Administration, there shall be provided to the Veterans' 
Administration the funded personnel ceiling defined in subpara-
graph (D) of this paragraph and the funds appropriated therefor. 
"(B) In order to carry out the provisions of subparagraph (A) of this 
paragraph, the Director of the Office of Management and Budget 
shall, with respect to each such law (i) provide to the Veterans' 
Administration for the fiscal year concerned such funded personnel 
ceiling and the funds necessary to achieve such ceiling, and (ii) 
submit to the appropriate committees of the Congress and to the 
Comptroller General of the United States certification that the 
Director has so provided such ceiling. Not later than the thirtieth day 
after the enactment of such a law or, in the event of the enactment of 
such a law more than thirty days prior to the fiscal year for which 
such law makes such appropriations, not later than the tenth day of 
such 
fisc£il 
year, the certification required in the first sentence of this 
subparagraph shall be submitted, together with a report containing 
complete information on the personnel ceiling that the Director has 
provided to the Veterans' Administration for the employees 
described in subparagraph (D) of this paragraph. 
"(C) Not later than the forty-fifth day after the enactment of each 
such law, the Comptroller General shall submit to the appropriate 
committees of the Congress a report stating the Comptroller Gener-
al's opinion as to whether the Director of the Office of Management 
and Budget has complied with the requirements of such subpara-
graph in providing to the Veterans' Administration such funded 
personnel ceiling. 
"(D) For the purposes of this paragraph, the term 'funded person-
nel ceiling' means, with respect to any fiscal year, the authorization 
by the Director of the Office of Management and Budget to employ 
(under the appropriation accounts for medical care, medical and 
prosthetic research, and medical administration and miscellaneous 
operating expenses) not less than the number of employees for the 
38 u s e 5010. 
eertification to 
congressional 
committees and 
eomptroller 
General. 
Report to 
congressional 
committees. 
"Funded 
personnel 
ceiling." 
93 STAT. 1096 
PUBLIC LAW 96-151—DEC. 20, 1979 
Effective date. 
38 u s e 5010 
note. 
Ante, p. 771. 
Ante, p. 1095. 
employment of which appropriations have been made for such fiscal 
year.". 
O?) The amendment made by subsection (a) shall take effect with 
respect to Public Law 96-103, but, with respect to such Public Law, 
the certification and report required by subparagraph (B) of para-
graph (4) of section 5010 of title 38, United States Code (as added by 
such amendment), and the report required by subparagraph (C) of 
such paragraph (as added by such amendment) shall be submitted to 
the appropriate committees of the Congress not later than Janu-
ary 15, 1980, and February 1, 1980, respectively. 
38 u s e 4104. 
38 u s e 4105. 
38 u s e 4105 
note. 
QUALIFICATIONS OF CERTAIN HEALTH PROFESSIONALS EMPLOYED IN THE 
DEPARTMENT OF MEDICINE AND SURGERY 
SEC. 302. (a) Section 4104(2) is amended by inserting "psycholo-
gists," after "Pharmacists,". 
(b)(1) Subsection (a) of section 4105 is amended by— 
(A) striking out the period at the end of clause (9) and inserting 
in lieu thereof a semicolon; and 
(B) adding at the end the following new clause: 
"(10) Psychologist— 
"hold a doctoral degree in psychology from a college or 
university approved by the Administrator, have completed 
study for such degree in a specialty area of psychology and 
an internship which are satisfactory to the Administrator, 
and be licensed or certified as a psychologist in a State, 
except that the Administrator may waive the requirement of 
licensure or certification for an individual psychologist for a 
period not to exceed two years on the condition that such 
psychologist provide patient care only under the direct 
supervision of a psychologist who is so licensed or certified.". 
(2) Subsection (b) of such section is amended by inserting "podia-
trist, optometrist," after "dentist,". 
(c) The amendment made by subsection (b)(1) to require that a 
psychologist appointed to a position in the Department of Medicine 
and Surgery of the Veterans Administration be licensed or certified 
as a psychologist in a State shall not apply to any person employed as 
a psychologist by the Veterans' Administration on or before Decem-
ber 31,1979. 
REDUCTION OF PROBATIONARY PERIOD FOR CERTAIN HEALTH PROFES-
SIONALS EMPLOYED IN THE DEPARTMENT OF MEDICINE AND SURGERY 
38 use 4106. 
SEC. 303. Section 4106(b) is amended by striking out "three years" 
and inserting in lieu thereof "two years". 
COOPERATIVE USE AGREEMENTS FOR SPECIALIZED MEDICAL RESOURCES 
38 use 5053. 
SEC. 304. Section 5053(a) is amended by inserting "or organ banks, 
blood banks, or similar institutions" after "facilities". 
38 u s e 4112. 
Report to 
Administrator 
and eongress. 
SPECIAL MEDICAL ADVISORY GROUP AMENDMENTS 
SEC. 305. Section 4112(a) is amended by— 
(1) inserting in the first sentence "and a disabled veteran" 
after "professions"; and 
(2) inserting in the second sentence "and, not later than 
February 1 of each year, shall submit to the Administrator and 
PUBLIC LAW 96-151—DEC. 20, 1979 
93 STAT. 1097 
the Congress a report on its activities during the preceding fiscal 
year" after "Administrator". 
TECHNICAL AMENDMENT 
SEC. 306. (a) Section 601(a)(2) of the Veterans' Disability Compensa-
tion and Survivors' Benefits Amendments of 1979 (Public Law 
96-128) is amended by striking out "clause (1)" and inserting in lieu 
thereof "clause (11)". 
(b) The amendment made by subsection (a) shall take effect as of 
November 28,1979. 
AGENT ORANGE STUDY 
38 u s e 314 note. 
Ante, p. 987. 
Effective date. 
38 u s e 314 note. 
Reports to 
congressional 
committees. 
SEC. 307. (a)(1) The Administrator of Veterans' Affairs shall design 38 use 219 note. 
a protocol for and conduct an epidemiological study of persons who, 
while serving in the Armed Forces of the United States during the 
period of the Vietnam conflict, were exposed to any of the class of 
chemicals known as "the dioxins" produced during the manufacture of 
the various phenoxy herbicides (including the herbicide known as 
"Agent Orange") to determine if there may be long-term adverse 
health effects in such persons from such exposure. The Administrator 
shall also conduct a comprehensive review and scientific analysis of 
the literature covering other studies relating to whether there may 
be long-term adverse health effects in humans from exposure to such 
dioxins or other dioxins. 
(2)(A)(i) The study conducted pursuant to paragraph (1) shall be 
conducted in accordance with a protocol approved by the Director of 
the Office of Technology Assessment. 
(ii) The Director shall monitor the conduct of such study in order to 
assure compliance with such protocol. 
(B)(i) Concurrent with the approval or disapproval of any protocol 
under subparagraph (A)(i), the Director of the Office of Technology 
Assessment shall submit to the appropriate committees of the Con-
gress a report explaining the basis for the Director's action in 
approving or disapproving such protocol and providing the Director's 
conclusions regarding the scientific validity and objectivity of such 
protocol. 
(ii) In the event that the Director has not approved such protocol 
during the one hundred and eighty days following the date of the 
enactment of this Act, the Director shall (I) submit to the appropriate 
committees of the Congress a report describing the reasons why the 
Director has not given such approval, and (II) submit an update 
report on such initial report each sixty days thereafter until such 
protocol is approved. 
(C) The Director shall submit to the appropriate committees of the 
Congress, at each of the times specified in the second sentence of this 
subparagraph, a report on the Director's monitoring of the conduct of 
such study pursuant to subparagraph (A)(ii). A report under the 
preceding sentence shall be submitted before the end of the six-month 
period beginning on the date of the approval of such protocol by the 
Director, before the end of the twelve-month period beginning on 
such date, and annually thereafter until such study is completed or 
terminated. 
(3) The study conducted pursuant to paragraph (1) shall be contin-
ued for as long after the submission of the report under subsection 
(b)(2) as the Administrator may determine reasonable in light of the 
possibility of developing through such study significant new informa-
tion on the long-term adverse health effects of exposure to dioxins. 
93 STAT. 1098 
PUBLIC LAW 96-151—DEC. 20, 1979 
Reports to 
congressional 
committees. 
Coordination of 
studies. 
Appropriation 
authorization. 
Ot)Xl) Not later th£in twelve months after the date of the enactment 
of this Act, the Administrator shall submit to the appropriate 
committees of the Congress a report on the literature review and 
analysis conducted under subsection (a)(1). 
(2) Not later than twenty-four months after the date of the approval 
of the protocol pursuant to subsection (a)(2)(A)(i) and annually there-
after, the Admmistrator shall submit to the appropriate committees 
of the Congress a report containing (A) a description of the results 
thus far obtained under the study conducted pursuant to such 
subsection, and (B) such comments and recommendations as the 
Administrator considers appropriate in light of 
such results. 
(c) For the purpose of aissuring that any study carried out by the 
Federal Government with respect to the adverse health effects in 
humans of exposure to dioxins is scientifically valid and is conducted 
with efficiency and objectivity, the President shall assure that— 
(1) the study conducted pursuant to subsection (a) is fully 
coordinated with studies which are planned, are being con-
ducted, or have been completed by other departments, agencies, 
and instrumentalities of the Federal Government and which 
pertain to the adverse health effects in humans of exposure to 
dioxins; and 
(2) all appropriate coordination and consultation is accom-
plished between and among the Administrator and the heads of 
such departments, agencies, and instrumentalities that may be 
engaged, during the conduct of the study carried out pursuant to 
subsection (a), in the design, conduct, monitoring, or evaluation 
of such dioxin-exposure studies. 
(d) There are authorized to be appropriated such sums as may be 
necessary for the conduct of the study required by subsection (a). 
Approved December 20, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-138 (Comm. on Veterans' Affairs). 
SENATE REPORT No. 96-177 accompanying S. 1039 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
May 21, considered and passed House. 
June 18, considered and passed Senate, amended, in lieu of S. 1039. 
Dec. 6, House concurred in Senate amendments with amendments; Senate 
concurred in House amendments.