PUBLIC LAW 107-135 – JAN. 23, 2002
Department
of Veterans Affairs Health Care
Programs
Enhancement Act of 2001
Prime Sponsor: Mr. Christopher H.
Smith (NJ)
H.R. 3447 – Signed by President Bush
on
January 24, 2002
H.R.3447
One Hundred Seventh
Congress
of the
United States of
America
AT THE FIRST SESSION
Begun
and held at the City of Washington on Wednesday,
the
third day of January, two thousand and one
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 Administration, to provide an additional basis for
establishing 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.
Be it enacted by the Senate and House of Representatives 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 annuitants 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 experienced 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.
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. gement 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. nds for field offices of the
Office of Research Compliance and Assurance.
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-connected 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 provision, 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.
(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 EMPLOYMENT FOR ELIGIBILITY- Section
7672(b) is amended by striking `2 years' and inserting `one year'.
(c) SCHOLARSHIP AMOUNT- Subsection (b) of section 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 participant to
full-time coursework in that course of education 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 scholarship may be paid under subsection (a) to a
participant in the Program shall be six school years.
`(2) A participant in the Program may not receive a scholarship under
subsection (a) for more than the equivalent of three years of full-time
coursework.'.
(e) FULL-TIME COURSEWORK- Section 7673 is further amended by adding at
the end the following new subsection:
`(e) FULL-TIME COURSEWORK- For purposes of this section, full-time
coursework shall consist of the following:
`(1) In the case of undergraduate
coursework, 30 semester hours per undergraduate school year.
`(2) In the case of graduate coursework,
18 semester hours per graduate school year.'.
(f) ANNUAL ADJUSTMENT OF MAXIMUM SCHOLARSHIP AMOUNT- Section 7631 is
amended--
(1) in subsection (a)(1), by striking `and
the maximum Selected Reserve member stipend amount' and inserting `the
maximum Selected Reserve member stipend amount, the maximum employee
incentive scholarship amount,'; and
(2) in subsection (b)--
(A) by redesignating paragraph (4) as
paragraph (6); and
(B) by inserting after paragraph (3) the
following new paragraph (4):
`(4) The term `maximum employee incentive
scholarship amount' means the maximum amount of the scholarship payable
to a participant in the Department of Veterans Affairs Employee
Incentive Scholarship Program under subchapter VI of this chapter, as
specified in section 7673(b)(1) of this title and as previously adjusted
(if at all) in accordance with this section.'.
(g) TECHNICAL AMENDMENTS- Section 7631(b) is further amended by striking
`this subsection' each place it appears and inserting `this section'.
SEC. 102. ENHANCEMENT OF
EDUCATION DEBT REDUCTION PROGRAM.
(a) PERMANENT AUTHORITY- (1) Section 7684 is repealed.
(2) The table of sections at the beginning of chapter 76 is amended by
striking the item relating to section 7684.
(b) ELIGIBLE INDIVIDUALS- Subsection (a)(1) of section 7682 is amended--
(1) by striking `under an appointment
under section 7402(b) of this title in a position' and inserting `in a
position (as determined by the Secretary) providing direct-patient care
services or services incident to direct-patient care services'; and
(2) by striking `(as determined by the
Secretary)' and inserting `(as so determined)'.
(c) MAXIMUM DEBT REDUCTION AMOUNT- Section 7683(d)(1) is amended--
(1) by striking `for a year'; and
(2) by striking `exceed--' and all that
follows through the end of the paragraph and inserting `exceed $44,000
over a total of five years of participation in the Program, of which not
more than $10,000 of such payments may be made in each of the fourth and
fifth years of participation in the Program.'.
(d) ANNUAL ADJUSTMENT OF MAXIMUM DEBT REDUCTION PAYMENTS AMOUNT- (1)
Section 7631, as amended by section 101(f) of this Act, is further
amended--
(A) in subsection (a)(1), by inserting
before the period at the end of the first sentence the following: `and
the maximum education debt reduction payments amount'; and
(B) in subsection (b), by inserting after
paragraph (4) the following new paragraph (5):
`(5) The term `maximum education debt
reduction 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 subchapter 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 maximum education debt reduction payments amount under that
section in calendar year 2002.
(e) TEMPORARY EXPANSION OF INDIVIDUALS ELIGIBLE FOR PARTICIPATION IN
PROGRAM- (1) Notwithstanding section 7682(c) of title 38, United States
Code, the Secretary of Veterans Affairs may treat a covered individual
as being a recently appointed employee in the Veterans 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 individual is any
individual otherwise described by section 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
another 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 subsection.
(3) The Secretary shall make determinations regarding 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 Education Debt Reduction Program.
(5) In this subsection, the term `Education Debt Reduction Program'
means the Department of Veterans Affairs Education Debt Reduction
Program under subchapter VII of chapter 76 of title 38, United States
Code.
SEC. 103. REPORT ON
REQUESTS FOR WAIVERS OF PAY REDUCTIONS 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 Senate 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
section 8344 of title 5, United States Code, of the provisions of such
section in order to meet requirements of the Department of Veterans
Affairs for appointments to nurse positions in the Veterans Health
Administration.
(2) A waiver under subsection (f)(1)(A) of
section 8468 of title 5, United States Code, of the provisions of such
section in order to meet requirements of the Department for appointments
to such positions.
(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 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 request covered by the report--
(1) the response of the Director to such
request; 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 Department 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 PROFESSIONALS IN
THE VETERANS HEALTH ADMINISTRATION.
(a) IN GENERAL- Section 7454(b) is amended--
(1) by inserting `(1)' after `(b)'; and
(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 subsection (a) shall apply
with respect to pay periods beginning 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 ADMINISTRATION.
(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 position of a registered nurse with the
Veterans Health Administration on an immediate annuity, or dies while
employed in that position leaving any survivor entitled to an annuity,
includes the days of unused sick leave to the credit 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.'.
(b) DEPOSIT NOT REQUIRED- Section 8422(d) of such title is amended--
(1) by inserting `(1)' before `Under such
regulations'; 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 AFFAIRS 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 Veterans 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 Department.
(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 submit to the Committees on Veterans'
Affairs of the Senate and the House of Representatives a report on the
evaluation carried out under subsection (a). The report shall address
the matters specified in subsection (c) and include any other
information, and any recommendations, that the Secretary considers
appropriate. The Secretary shall provide 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
`complete care of patients,' in the fifth sentence the following: `and
in a manner consistent with the policies 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
inserting `, to minimize'; and
(C) by inserting before the period the
following: `, and to ensure that eligible veterans are provided such
care and services in an appropriate manner'.
(b) NATIONWIDE POLICY ON STAFFING- Paragraph (3) of that section is
amended--
(1) in subparagraph (A), by inserting `the
adequacy of staff levels for compliance with the policy established
under subparagraph (C),' after `regarding'; and
(2) by inserting after subparagraph (B)
the following 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 facilities.'.
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:
`Sec.
7324. Annual report on use of authorities to enhance retention of
experienced nurses
`(a) ANNUAL REPORT- Not later than January 31 each year, the Secretary,
acting through the Under Secretary for Health, shall submit to Congress
a report on the use during the preceding year of authorities for
purposes 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 Secretary for those purposes.
`(b) REPORT ELEMENTS- Each report under subsection (a) shall specify for
the period covered by such report, 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 baccalaureate degree in
nursing in a recognized school of nursing, set forth by age, race, and
years of experience of the individuals subject to such waiver requests
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 section 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 National Commission on VA Nursing established under
subtitle 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' Affairs of the Senate and the House of
Representatives and to the National Commission on VA Nursing established
under subtitle D a report on the mandatory overtime required 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 consist of any period in which a nurse or
nursing assistant is mandated or otherwise required, whether directly or
indirectly, 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 Department
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
mandatory overtime of such nurses and nursing assistants 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 assistants.
(5) Any other matters that the Secretary
considers appropriate.
Subtitle C--Other
Authorities
SEC. 131. ORGANIZATIONAL
RESPONSIBILITY OF THE DIRECTOR 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 registered nurse, physician
assistant, or expanded-function dental auxiliary. In computing the
annuity under the applicable provision of law specified in that
subsection of an individual covered by the preceding sentence, the
service described in that sentence shall be credited as full-time
service.'.
SEC. 133. MODIFICATION OF
NURSE LOCALITY PAY AUTHORITIES.
Section 7451 is amended--
(1) in subsection (d)(3)--
(A) in subparagraph (A), by striking
`beginning rates of' each place it appears;
(B) in subparagraph (B), by striking
`beginning 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
inserting `that position'; and
(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
`Commission').
(b) COMPOSITION- The Commission shall be composed of 12 members
appointed by the Secretary of Veterans Affairs as follows:
(1) At least two shall be recognized
representatives of employees (including nurses) of the Department of
Veterans Affairs.
(2) At least one shall be a representative
of professional associations of nurses of the Department or similar
organizations affiliated with the Department'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 veterans.
(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 Veterans Affairs shall
designate one of the members of the Commission to chair the Commission.
(d) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the
life of the Commission. Any vacancy in the Commission shall be filled in
the same manner as the original appointment.
(e) INITIAL ORGANIZATION REQUIREMENTS- All appointments 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 Department of Veterans
Affairs; and
(2) assess the future of the nursing
profession within the Department.
(b) RECOMMENDATIONS- The Commission shall recommend 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
recommendations.
(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
Commission's findings and recommendations; and
(2) explaining what actions, if any, the
Secretary intends to take to implement the recommendations of the
Commission and the Secretary'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 purpose of carrying out the provisions
of this subtitle, hold hearings and take testimony to the extent that
the Commission or any member considers advisable.
(b) INFORMATION- The Commission may secure directly 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 Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees 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 necessary to enable the Commission to perform its duties.
(2) The Secretary may fix the pay of the staff director and other
personnel appointed under paragraph (1) without regard to the provisions
of chapter 51 and subchapter 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 department or agency may detail, on a
nonreimbursable basis, any personnel of that department or agency to the
Commission 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 AFFAIRS TO PROVIDE SERVICE DOGS FOR VETERANS WITH
CERTAIN DISABILITIES.
(a) AUTHORITY- Section 1714 is amended--
(1) in subsection (b)--
(A) by striking `seeing-eye or' the first
place it appears;
(B) by striking `who are entitled to
disability 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
subsections:
`(c) The Secretary may, in accordance with the priority specified in
section 1705 of this title, provide--
`(1) service dogs trained for the aid of
the hearing impaired to veterans who are hearing impaired 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 impairment 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 conditions set forth in section 111 of this
title to and from the veteran's home for expenses incurred in becoming
adjusted to the dog.'.
(b) CLERICAL AMENDMENTS- (1) The heading for such section is amended to
read as follows:
`Sec.
1714. Fitting and training in use of prosthetic appliances; 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 ENROLLMENT 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, regardless
of whether such veterans are treated as single person families under
paragraph (3)(A) of such section 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
paragraph (5); and
(3) by inserting after paragraph (3) the
following new paragraph (4):
`(4) In the case of a veteran covered by this subsection 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.
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 Veterans 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
following 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 specialized treatment and rehabilitative needs of
disabled veterans (including veterans with spinal cord dysfunction,
traumatic brain injury, blindness, prosthetics and sensory aids, and
mental illness) within distinct programs or facilities shall be measured
for seriously mentally ill veterans 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) employed and the average bed
occupancy of such beds;
`(ii) the percentage of unique patients
admitted directly to outpatient care during the fiscal 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 during the fiscal year who
had one or more specialized clinic visits within three days of their
index discharge, with a comparison from 1996 until the date of the
report;
`(iv) the percentage of unique outpatients
seen in a facility or geographic service area during the fiscal year who
had one or more specialized clinic visits, with a comparison from 1996
until the date of the report; and
`(v) the rate of recidivism of patients at
each specialized clinic in each geographic service area of the Veterans
Health Administration.
`(E) For mental health programs, the
number and type of staff that are available at each facility to provide
specialized mental health treatment, including satellite clinics,
outpatient programs, and community-based outpatient clinics, with a
comparison from 1996 to the date of the report.
`(F) The number of such clinics providing
mental health care, the number and type of mental health staff at each
such clinic, and the type of mental health programs at each such clinic.
`(G) The total amounts expended for mental
health during the fiscal year.
`(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 specialized treatment and rehabilitative needs of
disabled veterans within distinct programs or facilities shall be
measured 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 specialized
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
annual 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 REQUIREMENT- Paragraph (5) of such
section, as so redesignated, is amended--
(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 information 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 Affairs shall carry out a program to provide
chiropractic care and services to veterans through Department of
Veterans Affairs medical centers and clinics.
(b) ELIGIBLE VETERANS- Veterans eligible to receive chiropractic care
and services under the program are veterans who are enrolled in the
system of patient enrollment 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 purposes 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 chiropractic 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 chiropractors in Department medical centers and clinics.
(2) As part of the program, the Secretary shall provide training and
materials relating to chiropractic care and services to Department
health care providers assigned to primary care teams for the purpose of
familiarizing 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 development and implementation of the chiropractic
health program.
(2) The membership of the advisory committee shall include members of
the chiropractic care profession and such other members as the Secretary
considers appropriate.
(3) Matters on which the advisory committee shall assist and advise the
Secretary shall include the following:
(A) Protocols governing referral to
chiropractors.
(B) Protocols governing direct access to
chiropractic care.
(C) Protocols governing scope of practice
of chiropractic practitioners.
(D) Definition of services to be provided.
(E) Such other matters the Secretary
determines to be appropriate.
(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 adding 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 Research).'.
(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 Administration for Medical Care for that fiscal year.
SEC. 206. MAJOR MEDICAL
FACILITY CONSTRUCTION.
(a) PROJECT AUTHORIZED- The Secretary of Veterans Affairs may carry out
a major medical facility project for the renovation from electrical fire
of the Department 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 subsection (a) may only be
carried out using--
(1) funds appropriated for fiscal year
2002 pursuant to the authorization of appropriations in subsection (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 activity 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 Veterans Affairs
should conduct an assessment of all special telephone services for
veterans (such as help lines and hotlines) that are provided by the
Department of Veterans Affairs and that any such assessment, if
conducted, should include assessment of the geographical coverage,
availability, utilization, effectiveness, management, coordination,
staffing, and cost of those services and should include a survey of
veterans to measure their satisfaction with current special telephone
services and the demand for additional services.
SEC. 208. RECODIFICATION
OF BEREAVEMENT COUNSELING 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
inserting the following:
`(A) Surgical services.
`(B) Dental services and appliances as
described in sections 1710 and 1712 of this title.
`(C) Optometric and podiatric services.
`(D) Preventive health services.
`(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 necessary.
`(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 Secretary.'.
(b) CONSOLIDATION OF PROVISIONS RELATING TO PERSONS OTHER THAN VETERANS-
Such chapter is further amended by adding at the end the following new
subchapter:
`SUBCHAPTER VIII--HEALTH
CARE OF PERSONS OTHER THAN VETERANS
`Sec.
1782. Counseling, training, and mental health services for immediate
family members
`(a) COUNSELING FOR FAMILY MEMBERS OF VETERANS 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 consultation, professional
counseling, training, and mental health services as are necessary in
connection with that treatment.
`(b) COUNSELING FOR FAMILY MEMBERS OF VETERANS RECEIVING
NON-SERVICE-CONNECTED TREATMENT- 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 section
1710(a) of this title, the Secretary may, in the discretion 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
`(2) the continued provision of those
services on an outpatient basis is essential to permit the discharge 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 veteran certifies an intention to live.
`(d) TRAVEL AND TRANSPORTATION AUTHORIZED- 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
service-connected disability.
`(2) A dependent or survivor receiving
care under the last sentence of section 1783(b) of this title.
`Sec.
1783. Bereavement counseling
`(a) DEATHS OF VETERANS- In the case of an individual who was a
recipient of services under section 1782 of this title at the time of
the death of the veteran, the Secretary may provide bereavement
counseling to that individual in the case of a death--
`(1) that was unexpected; or
`(2) that occurred while the veteran was
participating in a hospice program (or a similar program) 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 psychological
stress accompanying the death of another individual.
`Sec.
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.'.
(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 subsection (b),
and inserted after the subchapter heading;
(2) redesignated as section 1781; and
(3) amended by adding at the end of
subsection (b) the following new sentence: `A dependent or survivor
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
striking `1713' and inserting `1781'.
(2) Section 1701(5) is amended by striking
`1713(b)' in subparagraphs (B) and (C)(i) and inserting `1781(b)'.
(3) Section 1712A(b) is amended--
(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
`services 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
inserting `, and the term `medical services' includes services under
sections 1782 and 1783 of this title' before the period at the end.
(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:
`Sec.
1707. Limitations'.
SEC. 209. EXTENSION OF
EXPIRING COLLECTIONS AUTHORITIES.
(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
DISABILITIES.
(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 whether the Department of
Veterans Affairs should provide a personal emergency response system to
veterans with service-connected disabilities.
(c) AUTHORITY TO PROVIDE SYSTEM- If the Secretary 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-connected
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 application 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--
(1) that can be activated by an individual
who is experiencing a medical emergency to notify appropriate emergency
medical personnel that the individual 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 `December 31, 2001' and
inserting `December 31, 2002'.
Speaker of the House
of Representatives.
Vice President of the
United States and
President of the
Senate.
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