Armed Forces and National Security
Armed Forces and National Security
Veterans' Benefits and Services Act of 1988 Became Public Law No: 100-322. Armed Forces and National Security
HR 2616 - 100Became Public Law No: 100-322.
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Armed Forces and National Security
Armed Forces and National Security
Veterans' Benefits and Services Act of 1988 Became Public Law No: 100-322. Armed Forces and National Security
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(Conference report filed in House, H. Rept. 100-578) Veterans' Benefits and Services Act of 1988 - Title I: Health-Care Programs - Part A: Benefits - Amends Federal veterans' benefits provisions to require (currently, authorizes) the Administrator of Veterans Affairs to furnish, on an outpatient or ambulatory basis, needed medical services to a veteran for any service-connected disability, or for any disability of a veteran having a service-connected disability rating of 50 percent or more. Requires the Administrator to provide such services to any veteran receiving benefits due to being disabled during treatment or vocational rehabilitation. Repeals provisions authorizing the Administrator to provide necessary home health services to such veterans. Directs the Administrator to furnish (on an outpatient or ambulatory basis) medical services to any veteran who: (1) has a service-connected disability rating of either 30 or 40 percent; and (2) is eligible for hospital care and whose annual income does not exceed the maximum annual rate of pension that would be applicable to the veteran if the veteran were currently eligible for such pension. Authorizes the Administrator to furnish, on an ambulatory or outpatient basis, needed medical services to any veteran: (1) who is in receipt of increased pension or additional compensation based on the need of regular aid and attendance or by reason of being permanently housebound; (2) who is a former prisoner of war; (3) of the Mexican border period or of World War I; or (4) who is eligible for hospital care under current veterans' benefits provisions. Defines medical services as those reasonably necessary in preparation for hospital admission or to obviate the need of hospital admission. Defines medical services for purposes of veterans who have been furnished hospital, nursing home, or domiciliary care. Prohibits such services from being provided for a period in excess of 12 months after the veteran is discharged from such care. Revises the priority among specified veterans for the receipt of outpatient services. Authorizes the Administrator to furnish such home health services, as part of necessary outpatient or ambulatory services, as deemed necessary or appropriate for the effective and economical treatment of the veterans' disabilities. Authorizes home improvements and structural alterations to be provided as part of such home services as necessary, while specifically limiting the maximum cost of such alterations or improvements. Limits the eligibility for domiciliary care to veterans who have: (1) incomes at or below the pension aid-and-attendance level; or (2) no adequate means of support. Revises the definition of "nursing home care" to include nursing care delivered in skilled, intermediate, and combined facilities and to exclude the provision of domiciliary care. Authorizes the Veterans Administration (VA) to contract, on an inpatient or outpatient basis, for emergency care for veterans who have been placed in community nursing homes at VA expense, and for diagnostic services to determine eligibility for a VA benefit. Authorizes the VA to furnish medical care outside the United States for the service-connected disability of a veteran who is in Canada, the Philippines, or, at the discretion of the Administrator, elsewhere. Reduces from six months to 90 days the minimum internment period required for former prisoners of war to be eligible for outpatient dental care. Repeals the current mandatory requirement for the transition from the provision of veterans' readjustment counseling services in facilities primarily set apart from health-care facilities operated by the VA to the provision of such services primarily through VA-operated facilities. Requires the Administrator, after considering the recommendations of the Chief Medical Director of the VA, to submit to the Congress a national plan which sets forth plans with respect to each veterans center in existence on January 1, 1988, for not less than the next year as to its relocation to another VA facility, movement to another location, or closure, and which includes an evaluation of the ways in which decisions about each center would ensure the continued availability of readjustment counseling to persons eligible and needing such services in the geographical area served by such center. Requires the national plan to also include plans to open any new centers. Prohibits any action from being taken with respect to any existing center prior to receipt of the national plan and for 120 days thereafter. Specifies that, after the national plan is submitted, if the VA wishes to change its plans as to one or more centers, the Administrator must submit a revision of the national plan for centers in accordance with the same type of reporting requirements as apply to the initial plan, and to explain the basis for the changes in the plan. Provides that no action outlined in any such revision may be implemented prior to 60 days after such plan revision. Provides that, once the plan is submitted, action may be taken as to the centers covered in the plan only in the way described in the plan or the plan revision. Prohibits delegation of the Chief Medical Director's responsibility relating to the national plan. Postpones by one year the due date of a report from the Administrator on the effectiveness of the readjustment counseling program in meeting the readjustment needs of the Vietnam-era veterans. Provides that payments shall be made to eligible veterans traveling to or from a VA facility or other place for the following purposes: (1) scheduled care or examination; (2) outpatient care or admission to an inpatient health-care facility; (3) VA examination, treatment, or care; or (4) vocational rehabilitation. Provides that the following categories of veterans are eligible for such payments: (1) veterans traveling for care in connection with a service-connected disability; (2) veterans with a service-connected disability rated at 30 percent or more; (3) veterans whose annual income does not exceed the maximum annual rate of pension which would be payable if the veterans were eligible for such pension; (4) veterans who are determined by the Administrator to be unable to defray the expenses of such travel; (5) veterans receiving a pension; and (6) veterans traveling for the purpose of a compensation and pension examination. Limits the amount that the Administrator may deduct from payments to a person required to make six or more one-way trips during any month. Prohibits a deduction to be taken from payments made to a person using a special mode of transportation previously authorized. Authorizes the Administrator to waive such deduction in the case of any person for whom the imposition of such deduction would cause severe financial hardship. Directs the Administrator to adjust proportionately the deduction taken whenever the rates of travel expense payments are increased or decreased. Requires the Administrator, in consultation and coordination with the Secretary of Transportation and veterans' organizations, to take all appropriate steps to facilitate the establishment and maintenance of local transportation networks under which the organization, or individuals who are volunteering their services to the VA, would take responsibility for the transportation of veterans to VA facilities without reimbursement from the VA. Directs the Administrator, no later than six months after the enactment of this Act, to report to the Senate and House Veterans' Affairs Committees (veterans' committees) on the implementation of such requirement. Part B: Pilot Programs and Reports - Extends through September 30, 1991, the authority to provide adult day health care. Extends to February 1, 1988, and February 1, 1991, the interim and final reporting dates for a study of such program. Requires the report on the use of all VA contract-care authorities to accompany the VA's annual budget submission to the Congress. Requires the VA, in order to evaluate the impact on access to VA health-care services for veterans residing in isolated rural areas at least 100 miles from the nearest VA health-care facility, to conduct a two-year pilot program using eight vehicles equipped as mobile clinics and staffed by VA employees to furnish care in isolated rural areas. Authorizes appropriations for FY 1989 and 1990. Requires specified interim reports evaluating such program. Requires the VA, within a current required report, to provide information to the extent feasible for FY 1986 through 1988 on the number of veterans being treated by the VA for mental illness disabilities on an inpatient basis and the effects of implementation of the VA's new resources allocation methodology on the number of veterans being treated by the VA for mental illness disabilities. Directs the Administrator to conduct a pilot program to provide care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities to homeless veterans suffering from chronic mental illness disabilities who are eligible for such care under veterans' benefits eligibility provisions. Authorizes the Administrator to also provide such services to: (1) veterans being furnished hospital or nursing home care by the VA for chronic mental illness disabilities; and (2) veterans with service-connected chronic mental illness disabilities. Outlines criteria for such program and authorizes the Administrator to provide in-kind assistance to facilities being used under such program. Terminates such program on September 30, 1989, and requires a report from the Administrator to the veterans' committees concerning the experiences under such program no later than February 1, 1989. Authorizes appropriations for such program for FY 1988 and 1989. Repeals current contracting authority contained in Federal law. Directs the Administrator, no later than December 15 of the years 1988 through 1990, to report to the veterans' committees on the activities of the VA during the preceding fiscal year to assist homeless veterans. Part C: Matters Relating to AIDS - Provides for the confidentiality of medical records that identify persons with acquired immune deficiency syndrome (AIDS), except in specifically described circumstances. Permits physicians or professional counselors to disclose information pertaining to AIDS to a spouse or sexual partner should the physician or counselor believe that the patient will not do so and that such disclosure is necessary to protect the health of the spouse or sexual partner. Prohibits discrimination in admission to VA facilities for treatment of veterans infected with AIDS. Provides an AIDS information and training program for VA employees and beneficiaries. Prohibits any widespread testing program for the presence of HIV (human immunodeficiency virus), unless funds have been specifically appropriated for that purpose. Permits voluntary testing for such virus. Part D: Other Matters - Adds to the definition of "Veterans' Administration facilities" those public or private non-VA facilities at which the Administrator provides recreational activities for patients receiving VA hospital, nursing home, or domiciliary care. Permits the VA to authorize the use, for approved purposes, of the VA seal and other official VA symbols and of the name "Veterans Administration" by any person making significant contributions to the VA for support of special recreational activities for the rehabilitation of disabled veterans. Assists veterans' service organizations in providing recreational activities which would further the rehabilitation of disabled veterans, under certain conditions. Allows the VA to accept contributions of funds and other assistance from any appropriate source for the support of such recreational activities for disabled veterans. Permits the Administrator to exercise authority to prescribe limitations on the furnishing of health-care services by the VA only in times of national emergencies (other than periods of war or armed conflict). Increases the per-diem rates payable to State homes for the care of eligible veterans. Authorizes further increases in such rates whenever the Administrator determines that increasing hospital costs warrant such further increases. Adds mental health research as a specific VA research mission. Requires the Administrator to convert underused space in facilities in urban areas to 500 domiciliary-care beds, primarily to be used for homeless veterans. Title II: Health-Care Administration and Personnel Matters - Part A: Administration - Directs the Administrator, no later than 60 days after the enactment of this Act, to take specified action to upgrade and expand certain activities related to health-care quality assurance. Directs the Administrator, no later than 75 days after the enactment of this Act, to report to the veterans' committees on such actions taken. Revises the statutes of limitations applicable to suits brought by the United States to recover costs of VA health care. Expands immunity from personal liability for VA health-care providers. Removes a statutory limitation on the authority of the Administrator to settle administrative tort claims under the Federal Tort Claims Act and provides authority to settle claims on the same basis as is currently afforded to U.S. attorneys. Authorizes the establishment of a nonprofit corporation at each VA medical center at which significant medical research is carried out to provide a funding mechanism for moneys received from other-than-VA appropriations for research projects approved at the medical center. Prohibits any such corporation from being established after September 30, 1991. Establishes a nursing home revolving fund, with moneys realized from the transfer or sale of certain VA-owned property, for the purpose of construction, alteration, and acquisition of nursing home facilities. Requires expenditures in excess of $2,000,000 to be specifically approved by a jointly-adopted resolution. Changes from July 1 to August 15 the annual date for establishing a list of approved projects (including projects which have been conditionally approved by the Administrator), in order of priority, for grants to States for the construction of State homes. Requires the VA to rescind approval and deobligate funds for conditionally-approved projects if all requirements have not been met within the time period set by the Administrator. Part B: Pay and Other Personnel Benefits - Authorizes the Administrator, in order to recruit and retain pharamacists and occupational therapists within the Department of Medicine and Surgery of the VA (the Department), to provide additional pay for nurses who assist such pharmacists and therapists. Authorizes the Administrator to enter into incentive bonus agreements with registered nurses (both currently employed and those hired in the future) at facilities which are determined to have a significant shortage of registered nurses in any clinical service. Specifies the amount of the bonuses to be paid, which increases with each additional agreed-to year of employment. Establishes pay-back requirements for not fulfilling such additional terms. Authorizes the Administrator to enter into such agreements with individuals in other health professions if there are significant problems with recruiting and retaining employees in such professions. Provides authority to pay technical medical specialists to be available for on-call duty, in addition to their regular hours of employment, without requiring them to remain on the facility grounds. Provides authority for premium pay for Saturday duty for nurses on the same basis as current law provides for premium pay for Sunday duty. Directs the Administrator, within one year after enactment of this Act, to report to the Veterans' Committees on the implementation of the amendments made under part B of this title. Repeals the current Federal Health Professionals Educational Assistance program. Establishes the Veterans' Administration Health Professionals Educational Assistance Program (the Program). Outlines eligibility and application requirements. Requires the Administrator and each participant in the Program to enter into an agreement whereby the Administrator agrees to provide the participant with a specified amount of educational assistance and employ the individual in the Department, in return for the participant agreeing to successfully complete such educational training and serve full-time in the Department. Directs the Administrator, as part of such Program, to carry out a program whereby scholarships are provided to Program participants (consisting of the payment of tuition, books, and educational fees) in return for the agreement to complete such program and accept employment with the Department. Outlines the period of obligated service required of such students after graduation and provisions for breach-of-agreement liability of students who fail to complete such courses, or fail to be successfully employed in the Department upon graduation. Provides a formula for the determination of the amount of liability for breach of such agreement. Directs the Administrator, as part of the Program, to carry out a tuition reimbursement program, providing the same benefits as previously described, for full-time employees already assigned to a VA health-care facility. Outlines application procedures, obligated service requirements, and the formula for the determination of liability for breach of the tuition reimbursement agreement. Requires the Administrator, no later than March 1 annually, to report to the Congress on the Program. Part C: Personnel Administration - Provides that all matters relating to adverse personnel actions, disciplinary actions, and grievance procedures involving persons appointed to certain medical positions within the Department shall be resolved under Federal provisions applicable to Federal employees generally. Provides that the following employees shall not be considered VA employees for purposes of any VA personnel ceilings: temporary workers hired only for duties related to the conduct of research projects in the Department who are not paid by the VA or who are paid from funds appropriated to the VA for the research activity. Authorizes the VA to waive licensure and internship requirements for certain medical personnel as follows: (1) State licensure or registration requirements, as appropriate, for practical or vocational nurses or physical therapists if they are to be employed in either research or academic work and are to have no direct patient-care responsibilities, or if they are to be employed in a country other than the United States if their license is in the country in which they are to work; and (2) the requirement for a one-year internship for psychologists if they are to be employed in research or academic work and are to have no direct patient-care responsibilities. Requires that the chief of the nursing service at each VA health-care facility be included in each policymaking committee at that facility. Part D: Reports - Directs the Administrator to conduct a study on: (1) the effects of pay and other personnel management practices of the VA's Department of Medicine and Surgery on the ability of the VA to recruit and retain qualified individuals to provide direct patient-care services in VA health-care facilities; and (2) the effects that flexible employment benefits programs would have on the recruitment and retention of such employees. Outlines other matters to be determined as part of such study, and requires the Administrator, no later than one year after the enactment of this Act, to report to the veterans' committees on the results of the study. Directs the Administrator, no later than August 1, 1988, to report to the veterans' committees concerning the VA's activities designed to promote increased efforts by affiliated institutions in: (1) training health-care professionals to care for older patients; and (2) research into the aging process and diseases and disabilities associated with aging. Title III: Veterans' Benefits - Part A: Benefits Based on Service-Connected Disabilities - Increases the following veterans' compensation benefits available for service-disabled veterans: (1) the specially-adapted housing allowance; (2) the automobile assistance allowance; and (3) the service-connected death burial allowance. Part B: Compensation-Related Provisions - Revises the definition of "former prisoner of war" for purposes of increasing eligibility benefits for such ex-prisoners. Expands the list of diseases which may be presumed to be service-connected if suffered by former prisoners-of-war to include peripheral neuropathy, irritable bowel syndrome, and peptic ulcers. Adds to the list of service-connected chronic diseases the disease of lupus erythematosus. Restores to a limited number of beneficiaries Social-Security-equivalent benefits paid by the VA to certain veterans' survivors who were omitted from the restoration of such benefits in 1982. Part C: Education Provisions - Revises provisions concerning the hour measurement of courses qualifying for VA-approved laboratory instruction. Revises provisions concerning certain compliance surveys conducted by the Administrator to assure certain educational compliance by veterans enrolled in educational programs. Part D: Insurance Provisions - Amends Federal veterans' life insurance provisions to authorize the Administrator to increase periodically the amount of monthly annuity payments to beneficiaries under the following policies: (1) National Service Life Insurance; (2) Veterans' Special Life Insurance; (3) Veterans Reopened Insurance; and (4) United States Government Life Insurance. Prohibits any State from imposing taxes on any premiums paid under a Serviceman's Group Life Insurance or under a Veterans' Mortgage Life Insurance program, authorizing the Administrator to administer such program directly. Revises such program in the areas of the initial amount of mortgage protection life insurance originally provided to veterans under such program, the premiums collected on policies under the program, and the amount of insurance in force at any time under the program. Discontinues the policy of insurance previously in effect under such program. Part E: Memorial Affairs - Authorizes the Administrator to provide for flat grave markers in certain cases at national cemeteries. Authorizes the Administrator to make contributions to local authorities for road improvements or traffic controls determined essential to ensure safe ingress to and egress from national cemeteries. Repeals a provision prohibiting any State from receiving an amount of VA veterans' cemetery construction grants exceeding 20 percent of the total amount appropriated for such grants in any fiscal year. Authorizes the Administrator to provide grave liners for any grave in a cemetery within the National Cemetery System in which remains are interred in a casket. Establishes in the Treasury the Foreign Currency Fluctuations, American Battle Monuments Commission, Account to be used to pay the costs of salaries and expenses that exceed appropriated amounts due to fluctuations in the foreign exchange rate as it affects the American Battle Monuments Commission budget. Outlines administrative provisions concerning funding for such Account. Directs the Commission to report to the appropriate congressional committees concerning certain transfers made under the Account. Authorizes appropriations to fund such Account. Directs the Administrator, no later than six months after enactment of this Act, to enter into an agreement with the State of Arizona that: (1) provides for the conveyance to the United States of all title and interest to the Arizona Veterans Memorial Cemetery; and (2) commits the State to provide to the VA funding necessary to supplement Federal funding so that the level of operation and maintenance of such cemetery can be maintained for three years. Provides that such cemetery, after acceptance by the Administrator, shall become part of the National Cemetery System. Limits the expenditures authorized to be made by the Administrator during the three-year period for operation and maintenance. Authorizes the Administrator to accept gifts and bequests for the purpose of the operation, maintenance, or improvement of such cemetery. Directs the Administrator to provide for the use of flat grave markers for interments at such cemetery. Title IV: Veterans Administration Management and Administration - Part A: Procurement Policy - Requires that there be at least two responsible, financially autonomous bidders before medical center support services may be contracted under Federal procurement procedures. Directs the Administrator, no later than October 1, 1989, to develop and fully implement a plan for the cost-effective purchase of medical and pharmaceutical items on an agencywide basis. Outlines the requirements necessary for other-than-agencywide procurement of such items (for example, the product is not available on a national basis, a particular product is necessary for the effective furnishing of health-care services or the conduct of a research or education program, or an emergency situation exists.) Prohibits more than 20 percent of all such medical and pharmaceutical items procured by the VA in any fiscal year (measured by cost) from being procured under local contracts. Authorizes the Administrator to raise such percentage to 30 percent, under specified circumstances, while not counting emergency procurement under such limitations. Requires the director of each VA medical center, not later than December 1 annually, to submit to the Administrator a list containing items obtained under local procurement. Directs the Administrator, no later than February 1 annually, to report to the veterans' committees on his or her experience in carrying out these provisions during the previous fiscal year. Authorizes the Administrator to enter into multiyear contracts for the procurement of supplies or services for VA health-care facilities under certain conditions (basically, when it is economically feasible to do so). Outlines certain other terms and conditions relating to such multiyear contracts (concerning the availability of appropriations and funding). Defines terms for purposes of such contracts. Part B: General Administrative and Financial Matters - Directs the Secretary of the Treasury to return to the VA special therapeutic and rehabilitation activities fund and the veterans' canteen service revolving fund amounts sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts from sequestration under such Act vocational training benefits for service-connected disabled veterans and educational benefits for dependents and survivors of service-connected disabled veterans. Authorizes the Administrator to operate child care centers at VA medical centers for the children of VA employees on a fee basis sufficient to cover all the costs of operation other than the costs of services provided by the Administrator. Requires the Administrator to provide space in existing VA facilities for such centers, as well as custodial services and utilities. Amends the Veterans' Health-Care Amendments of 1986 to expand the Advisory Committee on Native American Veterans to include Native Hawaiians (previously excluded from representation on such Committee). Extends until February 1, 1989, the duration of such Committee. Deletes a provision requiring any remaining balance in the Veterans' Canteen Service revolving fund at the end of a fiscal year to be returned into the Treasury as miscellaneous receipts. Exempts employees of the Veterans' Canteen Service from being counted as employees for purposes of personnel ceilings applied to the VA. Revises Federal provisions concerning basic entitlement eligibility requirements for veterans' housing loans. Includes the following veterans as eligible for such loans: (1) veterans who served on active-duty at any time during World War II, the Korean conflict, or the Vietnam era and whose total service was for 90 days or more; (2) each veteran who was discharged or released from active-duty after December 15, 1940, for a service-connected disability; (3) each veteran who served after July 25, 1947, for a period of more than 180 days and was discharged or released under conditions other than dishonorable; or (4) a veteran who has served more than 180 days in active-duty status and continues on active duty without a service break. Reorganizes certain Federal provisions relating to various veterans' benefits. Part C: Real Property - Prohibits the transfer to another Federal agency or to a State of any interest in real property owned by the United States and administered by the VA which has a value estimated at more than $50,000 unless the proposed transfer was described in the budget submitted to the Congress for that fiscal year and the VA receives compensation equal to the fair market value of the property. Provides for the deposit in a nursing home revolving fund of proceeds received from such transfers. Prohibits the Administrator from declaring as excess to the needs of the VA, or disposing of, lands and improvements at the VA medical centers in West Los Angeles and Sepulveda, California. Provides that no appropriation for any fiscal year may be made for a major medical facility unless the appropriation measure specifies the amount to be appropriated for that project or lease and the project or lease has been approved in a resolution adopted by the veterans' committee or each body of the Congress. Requires the Administrator to provide the veterans' committees with 30-days' notice when cost variations of more than ten percent occur with respect to a project so approved. Directs the Administrator to enter into an agreement with the Secretary of Labor for the use by the Secretary of 20.6 acres of land in the city of Minot, North Dakota, formerly used by the Air Force. Provides conditions to such transfer, including that the Secretary selects and utilizes such property as a Job Corps Center for the duration of the lease agreement. Maintains such property under the jurisdiction of the VA. Redesignates the Veterans' Administration Medical Center in Shreveport, Louisiana, as the Overton Brooks Veterans' Administration Medical Center.
(House agreed to Senate amendment with amendments) Veterans' Benefits and Services Act of 1988 - Title I: Health-Care Programs - Part A: Benefits - Amends Federal veterans' benefits provisions to require (current law authorizes) the Administrator of Veterans Affairs to furnish, on an outpatient or ambulatory basis, needed medical services to a veteran for any service-connected disability, or for any disability of a veteran having a service-connected disability rating of 50 percent or more. Requires the Administrator to provide such services to any veteran receiving benefits due to being disabled during treatment or vocational rehabilitation. Repeals provisions authorizing the Administrator to provide necessary home health services to such veterans. Directs the Administrator to furnish (on an outpatient or ambulatory basis) medical services to any veteran who: (1) has a service-connected disability rating of either 30 or 40 percent; and (2) is eligible for hospital care and whose annual income does not exceed the maximum annual rate of pension that would be applicable to the veteran if the veteran were currently eligible for such pension. Authorizes the Administrator to furnish, on an ambulatory or outpatient basis, needed medical services to any veteran: (1) who is in receipt of increased pension or additional compensation based on the need of regular aid and attendance or by reason of being permanently housebound; (2) who is a former prisoner of war; (3) of the Mexican border period or of World War I; or (4) who is eligible for hospital care under current veterans' benefits provisions. Defines medical services as those reasonably necessary in preparation for hospital admission or to obviate the need of hospital admission. Defines medical services for purposes of veterans who have been furnished hospital, nursing home, or domiciliary care. Prohibits such services from being provided for a period in excess of 12 months after the veteran is discharged from such care. Revises the priority among specified veterans for the receipt of outpatient services. Authorizes the Administrator to furnish such home health services, as part of necessary outpatient or ambulatory services, as deemed necessary or appropriate for the effective and economical treatment of the veterans' disabilities. Authorizes home improvements and structural alterations to be provided as part of such home services as necessary, while specifically limiting the maximum cost of such alterations or improvements. Limits the eligibility for domiciliary care to veterans who have: (1) incomes at or below the pension aid-and-attendance level; or (2) no adequate means of support. Revises the definition of "nursing home care" to include nursing care delivered in skilled, intermediate, and combined facilities and to exclude the provision of domiciliary care. Authorizes the Veterans Administration (VA) to contract, on an inpatient or outpatient basis, for emergency care for veterans who have been placed in community nursing homes at VA expense, and for diagnostic services to determine eligibility for a VA benefit. Authorizes the VA to furnish medical care outside the United States for the service-connected disability of a veteran who is in Canada, the Philippines, or, at the discretion of the Administrator, elsewhere. Reduces from six months to 90 days the minimum internment period required for former prisoners of war to be eligible for outpatient dental care. Repeals the current mandatory requirement for the transition from the provision of veterans' readjustment counseling services in facilities primarily set apart from health-care facilities operated by the VA to the provision of such services primarily through VA-operated facilities. Requires the Administrator, after considering the recommendations of the Chief Medical Director of the VA, to submit to the Congress a national plan which sets forth plans with respect to each veterans center in existence on January 1, 1988, for not less than the next year as to its relocation to another VA facility, movement to another location, or closure, and which includes an evaluation of the ways in which decisions about each center would ensure the continued availability of readjustment counseling to persons eligible and needing such services in the geographical area served by such center. Requires the national plan to also include plans to open any new centers. Prohibits any action from being taken with respect to any existing center prior to receipt of the national plan and for 120 days thereafter. Specifies that, after the national plan is submitted, if the VA wishes to change its plans as to one or more centers, the Administrator must submit a revision of the national plan for centers in accordance with the same type of reporting requirements as apply to the initial plan, and to explain the basis for the changes in the plan. Provides that no action outlined in any such revision may be implemented prior to 60 days after such plan revision. Provides that, once the plan is submitted, action may be taken as to the centers covered in the plan only in the way described in the plan or the plan revision. Prohibits delegation of the Chief Medical Director's responsibility relating to the national plan. Postpones by one year the due date of a report from the Administrator on the effectiveness of the readjustment counseling program in meeting the readjustment needs of the Vietnam-era veterans. Provides that payments shall be made to eligible veterans traveling to or from a VA facility or other place for the following purposes: (1) scheduled care or examination; (2) outpatient care or admission to an inpatient health-care facility; (3) VA examination, treatment, or care; or (4) vocational rehabilitation. Provides that the following categories of veterans are eligible for such payments: (1) veterans traveling for care in connection with a service-connected disability; (2) veterans with a service-connected disability rated at 30 percent or more; (3) veterans whose annual income does not exceed the maximum annual rate of pension which would be payable if the veterans were eligible for such pension; (4) veterans who are determined by the Administrator to be unable to defray the expenses of such travel; (5) veterans receiving a pension; and (6) veterans traveling for the purpose of a compensation and pension examination. Requires the Administrator, in consultation and coordination with the Secretary of Transportation and veterans' organizations, to take all appropriate steps to facilitate the establishment and maintenance of local transportation networks under which the organization, or individuals who are volunteering their services to the VA, would take responsibility for the transportation of veterans to VA facilities without reimbursement from the VA. Directs the Administrator, no later than six months after the enactment of this Act, to report to the Senate and House Veterans' Affairs Committees (veterans' committees) on the implementation of such requirement. Part B: Pilot Programs and Reports - Extends through September 30, 1991, the authority to provide adult day health care. Extends to February 1, 1988, and February 1, 1991, the interim and final reporting dates for a study of such program. Requires the report on the use of all VA contract-care authorities to accompany the VA's annual budget submission to the Congress. Requires the VA, in order to evaluate the impact on access to VA health-care services for veterans residing in isolated rural areas at least 100 miles from the nearest VA health-care facility, to conduct a two-year pilot program using eight vehicles equipped as mobile clinics and staffed by VA employees to furnish care in isolated rural areas. Authorizes appropriations for FY 1989 and 1990. Requires specified interim reports evaluating such program. Requires the VA, within a current required report, to provide information to the extent feasible for FY 1986 through 1988 on the number of veterans being treated by the VA for mental illness disabilities on an inpatient basis and the effects of implementation of the VA's new resources allocation methodology on the number of veterans being treated by the VA for mental illness disabilities. Directs the Administrator to conduct a pilot program to provide care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based treatment facilities to homeless veterans suffering from chronic mental illness disabilities who are eligible for such care. Authorizes the Administrator to also provide such services to: (1) veterans being furnished hospital or nursing home care by the VA for chronic mental illness disabilities; and (2) veterans with service-connected chronic mental illness disabilities. Outlines criteria for such program and authorizes the Administrator to provide in-kind assistance to facilities being used under such program. Terminates such program on September 30, 1989, and requires a report from the Administrator to the veterans' committees concerning the experiences under such program no later than February 1, 1989. Authorizes appropriations for such program for FY 1988 and 1989. Repeals current contracting authority contained in Federal law. Directs the Administrator, no later than December 15 of the years 1988 through 1990, to report to the veterans' committees on the activities of the VA during the preceding fiscal year to assist homeless veterans. Part C: Matters Relating to AIDS - Provides for the confidentiality of medical records that identify persons with acquired immune deficiency syndrome (AIDS), except in specifically described circumstances. Permits physicians or professional counselors to disclose information pertaining to AIDS to a spouse or sexual partner should the physician or counselor believe that the patient will not do so and that such disclosure is necessary to protect the health of the spouse or sexual partner. Prohibits discrimination in admission to VA facilities for treatment of veterans infected with AIDS. Provides an AIDS information and training program for VA employees and beneficiaries. Prohibits any widespread testing program for the presence of HIV (human immunodeficiency virus), unless funds have been specifically appropriated for that purpose. Permits voluntary testing for such virus. Part D: Other Matters - Adds to the definition of "Veterans' Administration facilities" those public or private non-VA facilities at which the Administrator provides recreational activities for patients receiving VA hospital, nursing home, or domiciliary care. Permits the VA to authorize the use, for approved purposes, of the VA seal and other official VA symbols and of the name "Veterans Administration" by any person making significant contributions to the VA for support of special recreational activities for the rehabilitation of disabled veterans. Assists veterans' service organizations in providing recreational activities which would further the rehabilitation of disabled veterans, under certain conditions. Allows the VA to accept contributions of funds and other assistance from any appropriate source for the support of such recreational activities for disabled veterans. Permits the Administrator to exercise authority to prescribe limitations on the furnishing of health-care services by the VA only in times of national emergencies (other than periods of war or armed conflict). Increases the per-diem rates payable to State homes for the care of eligible veterans. Adds mental health research as a specific VA research mission. Requires the Administrator to convert underused space in facilities in urban areas to 500 domiciliary-care beds, primarily to be used for homeless veterans. Title II: Health-Care Administration and Personnel Matters - Part A: Administration - Directs the Administrator, no later than 60 days after the enactment of this Act, to take specified action to upgrade and expand certain activities related to health-care quality assurance. Directs the Administrator, no later than 75 days after the enactment of this Act, to report to the veterans' committees on such actions taken. Revises the statutes of limitations applicable to suits brought by the United States to recover costs of VA health care. Expands immunity from personal liability for VA health-care providers. Removes a statutory limitation on the authority of the Administrator to settle administrative tort claims under the Federal Tort Claims Act and provides authority to settle claims on the same basis as is currently afforded to U.S. attorneys. Authorizes the establishment of a nonprofit corporation at each VA medical center at which significant medical research is carried out to provide a funding mechanism for moneys received from other-than-VA appropriations for research projects approved at the medical center. Prohibits any such corporation from being established after September 30, 1991. Establishes a nursing home revolving fund, with moneys realized from the transfer or sale of certain VA-owned property, for the purpose of construction, alteration, and acquisition of nursing home facilities. Requires expenditures in excess of $2,000,000 to be specifically approved by a jointly-adopted resolution. Changes from July 1 to August 15 the annual date for establishing a list of approved projects (including projects which have been conditionally approved by the Administrator), in order of priority, for grants to States for the construction of State homes. Requires the VA to rescind approval and deobligate funds for conditionally-approved projects if all requirements have not been met within the time period set by the Administrator. Part B: Pay and Other Personnel Benefits - Authorizes the Administrator, in order to recruit and retain pharamacists and occupational therapists within the Department of Medicine and Surgery of the VA (the Department), to provide additional pay for nurses who assist such pharmacists and therapists. Authorizes the Administrator to enter into incentive bonus agreements with registered nurses (both currently employed and those hired in the future) at facilities which are determined to have a significant shortage of registered nurses in any clinical service. Specifies the amount of the bonuses to be paid, which increases with each additional agreed-to year of employment. Establishes pay-back requirements for not fulfilling such additional terms. Authorizes the Administrator to enter into such agreements with individuals in other health professions if there are significant problems with recruiting and retaining employees in such professions. Provides authority to pay technical medical specialists to be available for on-call duty, in addition to their regular hours of employment, without requiring them to remain on the facility grounds. Provides authority for premium pay for Saturday duty for nurses on the same basis as current law provides for premium pay for Sunday duty. Directs the Administrator, within one year after enactment of this Act, to report to the veterans' committees on the implementation of the amendments made under part B of this title. Repeals the current Federal Health Professionals Educational Assistance program. Establishes the Veterans' Administration Health Professionals Educational Assistance Program (the Program). Outlines eligibility and application requirements. Requires the Administrator and each participant in the Program to enter into an agreement whereby the Administrator agrees to provide the participant with a specified amount of educational assistance and employ the individual in the Department, in return for the participant agreeing to successfully complete such educational training and serve full-time in the Department. Directs the Administrator, as part of such Program, to carry out a program whereby scholarships are provided to Program participants (consisting of the payment of tuition, books, and educational fees) in return for the agreement to complete such program and accept employment with the Department. Outlines the period of obligated service required of such students after graduation and provisions for breach-of-agreement liability of students who fail to complete such courses, or fail to be successfully employed in the Department upon graduation. Provides a formula for the determination of the amount of liability for breach of such agreement. Directs the Administrator, as part of the Program, to carry out a tuition reimbursement program, providing the same benefits as previously described, for full-time employees already assigned to a VA health-care facility. Outlines application procedures, obligated service requirements, and the formula for the determination of liability for breach of the tuition reimbursement agreement. Requires the Administrator, no later than March 1 annually, to report to the Congress on the Program. Part C: Personnel Administration - Provides that all matters relating to adverse personnel actions, disciplinary actions, and grievance procedures involving persons appointed to certain medical positions within the Department shall be resolved under Federal provisions applicable to Federal employees generally. Provides that the following employees shall not be considered VA employees for purposes of any VA personnel ceilings: temporary workers hired only for duties related to the conduct of research projects in the Department who are not paid by the VA or who are paid from funds appropriated to the VA for the research activity. Authorizes the VA to waive licensure and internship requirements for certain medical personnel as follows: (1) State licensure or registration requirements, as appropriate, for practical or vocational nurses or physical therapists if they are to be employed in either research or academic work and are to have no direct patient-care responsibilities, or if they are to be employed in a country other than the United States if their license is in the country in which they are to work; and (2) the requirement for a one-year internship for psychologists if they are to be employed in research or academic work and are to have no direct patient-care responsibilities. Requires that the chief of the nursing service at each VA health-care facility be included in each policymaking committee at that facility. Part D: Reports - Directs the Administrator to conduct a study on: (1) the effects of pay and other personnel management practices of the VA's Department of Medicine and Surgery on the ability of the VA to recruit and retain qualified individuals to provide direct patient-care services in VA health-care facilities; and (2) the effects that flexible employment benefits programs would have on the recruitment and retention of such employees. Outlines other matters to be determined as part of such study, and requires the Administrator, no later than one year after the enactment of this Act, to report to the veterans' committees on the results of the study. Directs the Administrator, no later than August 1, 1988, to report to the veterans' committees concerning the VA's activities designed to promote increased efforts by affiliated institutions in: (1) training health-care professionals to care for older patients; (2) research into the aging process and diseases and disabilities associated with aging. Title III: Veterans' Benefits - Part A: Benefits Based on Service-Connected Disabilities - Increases the following veterans' compensation benefits available for service-disabled veterans: (1) the specially-adapted housing allowance; (2) the automobile assistance allowance; and (3) the service-connected death burial allowance. Part B: Compensation-Related Provisions - Revises the definition of "former prisoner of war" for purposes of increasing eligibility benefits for such ex-prisoners. Expands the list of diseases which may be presumed to be service-connected if suffered by former prisoners-of-war to include peripheral neuropathy, irritable bowel syndrome, and peptic ulcers. Adds to the list of service-connected chronic diseases the disease of lupus erythematosus. Provides a presumption of service-connection for 14 cancer-related diseases if the veteran suffering from such disease either participated in the occupation of, or was held as a prisoner near, Hiroshima or Nagasaki, Japan, during World War II, or participated in atmospheric tests of nuclear devices during the late 1950's and early 1960's. Includes among such diseases to be recognized: (1) leukemia (other than chronic lymphoctic leukemia); (2) cancer of the colon; (3) thyroid cancer; (4) breast cancer; (5) cancer of the pharynx; (6) cancer of the esophagus; (7) cancer of the stomach; (8) cancer of the the small intestine; (9) pancreatic cancer; (10) multiple myeloma; (11) lymphomas (except Hodgkin's disease); (12) cancer of the bile ducts; (13) cancer of the gall bladder; and (14) primary liver cancer (except if cirrhosis or hepatitis B is indicated). Restores to a limited number of beneficiaries Social-Security-equivalent benefits paid by the VA to certain veterans' survivors who were omitted from the restoration of such benefits in 1982. Part C: Education Provisions - Revises provisions concerning the hour measurement of courses qualifying for VA-approved laboratory instruction. Revises provisions concerning certain compliance surveys conducted by the Administrator to assure certain educational compliance by veterans enrolled in educational programs. Part D: Insurance Provisions - Amends Federal veterans' life insurance provisions to authorize the Administrator to increase periodically the amount of monthly annuity payments to beneficiaries under the following policies: (1) National Service Life Insurance; (2) Veterans' Special Life Insurance; (3) Veterans Reopened Insurance; and (4) United States Government Life Insurance. Prohibits any State from imposing taxes on any premiums paid under a Serviceman's Group Life Insurance or under a Veterans' Mortgage Life Insurance program, authorizing the Administrator to administer such program directly. Revises such program in the areas of the initial amount of mortgage protection life insurance originally provided to veterans under such program, the premiums collected on policies under the program, and the amount of insurance in force at any time under the program. Discontinues the policy of insurance previously in effect under such program. Part E: Memorial Affairs - Authorizes the Administrator to provide for flat grave markers in certain cases at national cemeteries. Authorizes the Administrator to make contributions to local authorities for road improvements or traffic controls determined essential to ensure safe ingress to and egress from national cemeteries. Repeals a provision prohibiting any State from receiving an amount of VA veterans' cemetery construction grants exceeding 20 percent of the total amount appropriated for such grants in any fiscal year. Authorizes the Administrator to provide grave liners for any grave in a cemetery within the National Cemetery System in which remains are interred in a casket. Establishes in the Treasury the Foreign Currency Fluctuations, American Battle Monuments Commission, Account to be used to pay the costs of salaries and expenses that exceed appropriated amounts due to fluctuations in the foreign exchange rate as it affects the American Battle Monuments Commission budget. Outlines administrative provisions concerning funding for such Account. Directs the Commission to report to the appropriate congressional committees concerning certain transfers made under the Account. Authorizes appropriations to fund such Account. Title IV: Veterans Administration Management and Administration - Part A: Procurement Policy - Requires that there be at least two responsible, financially autonomous bidders before medical center support services may be contracted under Federal procurement procedures. Directs the Administrator, no later than October 1, 1989, to develop and fully implement a plan for the cost-effective purchase of medical and pharmaceutical items on an agencywide basis. Outlines the requirements necessary for other-than-agencywide procurement of such items (for example, the product is not available on a national basis, a particular product is necessary for the effective furnishing of health-care services or the conduct of a research or education program, or an emergency situation exists.) Prohibits more than 20 percent of all such medical and pharmaceutical items procured by the VA in any fiscal year (measured by cost) from being procured under local contracts. Authorizes the Administrator to raise such percentage to 30 percent, under specified circumstances, while not counting emergency procurement under such limitations. Requires the director of each VA medical center, not later than December 1 annually, to submit to the Administrator a list containing items obtained under local procurement. Directs the Administrator, no later than February 1 annually, to report to the veterans' committees on his or her experience in carrying out these provisions during the previous fiscal year. Authorizes the Administrator to enter into multiyear contracts for the procurement of supplies or services for VA health-care facilities under certain conditions (basically, when it is economically feasible to do so). Outlines certain other terms and conditions relating to such multiyear contracts (concerning the availability of appropriations and funding). Defines terms for purposes of such contracts. Part B: General Administrative and Financial Matters - Directs the Secretary of the Treasury to return to the VA special therapeutic and rehabilitation activities fund and the veterans' canteen service revolving fund amounts sequestered under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts from sequestration under such Act vocational training benefits for service-connected disabled veterans and educational benefits for dependents and survivors of service-connected disabled veterans. Authorizes the Administrator to operate child care centers at VA medical centers for the children of VA employees on a fee basis sufficient to cover all the costs of operation other than the costs of services provided by the Administrator. Requires the Administrator to provide space in existing VA facilities for such centers, as well as custodial services and utilities. Amends the Veterans' Health-Care Amendments of 1986 to expand the Advisory Committee on Native American Veterans to include Native Hawaiians (previously excluded from representation on such Committee). Extends until February 1, 1989, the duration of such Committee. Deletes a provision requiring any remaining balance in the Veterans' Canteen Service revolving fund at the end of a fiscal year to be returned into the Treasury as miscellaneous receipts. Exempts employees of the Veterans' Canteen Service from being counted as employees for purposes of personnel ceilings applied to the VA. Revises Federal provisions concerning basic entitlement eligibility requirements for veterans' housing loans. Includes the following veterans as eligible for such loans: (1) veterans who served on active-duty at any time during World War II, the Korean conflict, or the Vietnam era and whose total service was for 90 days or more; (2) each veteran who was discharged or released from active-duty after December 15, 1940, for a service-connected disability; (3) each veteran who served after July 25, 1947, for a period of more than 180 days and was discharged or released under conditions other than dishonorable; or (4) a veteran who has served more than 180 days in active-duty status and continues on active duty without a service break. Reorganizes certain Federal provisions relating to various veterans' benefits. Part C: Real Property - Prohibits the transfer to another Federal agency or to a State of any interest in real property owned by the United States and administered by the VA which has a value estimated at more than $50,000 unless the proposed transfer was described in the budget submitted to the Congress for that fiscal year and the VA receives compensation equal to the fair market value of the property. Provides for the deposit in a nursing home revolving fund of proceeds received from such transfers. Prohibits the Administrator from declaring as excess to the needs of the VA, or disposing of, lands and improvements at the VA medical centers in West Los Angeles and Sepulveda, California. Provides that no appropriation for any fiscal year may be made for a major medical facility unless the appropriation measure specifies the amount to be appropriated for that project or lease and the project or lease has been approved in a resolution adopted by the veterans' committee or each body of the Congress. Requires the Administrator to provide the veterans' committees with 30-days' notice when cost variations of more than ten percent occur with respect to a project so approved. Directs the Administrator to enter into an agreement with the Secretary of Labor for the use by the Secretary of 20.6 acres of land in the city of Minot, North Dakota, formerly used by the Air Force. Provides conditions to such transfer, including that the Secretary selects and utilizes such property as a Job Corps Center for the duration of the lease agreement. Maintains such property under the jurisdiction of the VA. Redesignates the Veterans' Administration Medical Center in Shreveport, Louisiana, as the Overton Brooks Veterans' Administration Medical Center.
(Measure passed Senate, amended, in lieu of S. 9, roll call #400 (88-0)) Omnibus Veterans' Benefits and Services Act of 1987 - Title I: Compensation and Other Benefits - Part A: Compensation and Related Cost-of-Living Adjustments - Amends Federal veterans' benefits provisions to direct the Administrator of Veterans Affairs to increase the rates of veterans' disability compensation and dependency and indemnity compensation by the same percentage (4.2 percent) as that which is to be provided to Social Security recipients and Veterans Administration (VA) pension beneficiaries as of January 1, 1988. Requires such rate increases to be published in the Federal Register. Increases the amount of payment for specially adapted housing assistance, the automobile assistance allowance, and service-connected death benefits (the burial allowance). Part B: Other Compensation-Related Provisions - Provides a presumption (for purposes of eligibility for veterans' benefits) of service-connection for former prisoners of war (POW's) who suffer from peripheral neuropathy, irritable bowel syndrome, or peptic ulcer disease, if the disabilities become ten percent or more disabling. Reduces from six months to 90 days the period of internment required to establish eligibility for outpatient dental care by the VA. Provides for the inclusion of systemic lupus erythematosus among the chronic diseases that are presumed to be service-connected if manifest to a disabling degree of ten percent or more within one year of the veterans' discharge from active service. Extends eligibility for certain Social Security-equivalent benefits to those survivors receiving benefits under the Reinstated Entitlement Program for Survivors (REPS) rather than under the Social Security Act. Exempts from any sequestration order provided under the Balanced Budget and Emergency Deficit Control Act of 1985 the VA's program of rehabilitation services for certain service-connected disabled veterans and the educational assistance program for survivors of veterans who die from service-connected causes or whose death occurred while rated as totally and permanently disabled, as well as dependents of veterans whose disability is currently rated as total and permanent. Requires the VA to contract, subject to the availability of appropriations, for a comprehensive review to be conducted by the National Academy of Sciences (NAS) or by an alternative appropriate scientific entity, of all scientific evidence, studies, and literature pertaining to the human health effects of exposure to agent orange and its component compounds. Requires such contract to be entered into no later than 60 days after the enactment of this Act. Requires the Administrator, no later than October 1, 1988, to transmit to the Senate and House Veterans' Affairs Committees (the veterans' committees) a report on the results of such review. Part C: Education Provisions - Revises the standard for evaluating the training time of VA students enrolled in courses with laboratory instruction. Extends the delimiting period for educational assistance for members of the all-volunteer force for certain veterans and other eligible persons who have been prevented from using such entitlements as a result of alcohol or drug dependence or abuse conditions. Defines an alcohol or drug dependence or abuse condition for purposes of the extension. Requires an individual so affected to file an application for such benefits within a specified period, and to then utilize such extended benefits within a specified period not to exceed four years from the date of such extension. Makes identical delimiting period extensions for: (1) programs of rehabilitation for veterans with service-connected disabilities; (2) educational assistance for post-Vietnam era veterans; (3) educational assistance for Vietnam-era veterans; and (4) educational assistance for veterans' survivors and dependents. Authorizes the Administrator to waive required annual educational institution compliance surveys when an institution has a demonstrated record of compliance with all veterans' education requirements. Requires that the effective dates for the award of benefits under the Post-Vietnam Era Education Assistance Program correspond, to the extent feasible, with the effective dates of awards of VA disability compensation. Repeals the VA's authority to make education loans in the form of accelerated payment of educational assistance allowances. Part D: Insurance Provisions - Amends Federal veterans' life insurance provisions to authorize the Administrator to increase periodically the amount of monthly annuity payments to beneficiaries under the following policies: (1) National Service Life Insurance; (2) Veterans Special Life Insurance; (3) Veterans Reopened Insurance; and (4) United States Government Life Insurance. Prohibits any State from imposing taxes on any premiums paid under a Serviceman's Group Life Insurance or under a Veterans' Group Life Insurance policy. Authorizes the Administrator to administer directly the Veterans' Mortgage Life Insurance program. Part E: Pension Provision - Excludes reimbursement for property loss (from any source) from the beneficiary's income as used by the VA in determining eligibility for, and rates of, pension payments and parents' dependency and indemnity compensation. Title II: Veterans' Radiation Exposure - Veterans' Radiation Exposure Disability and Death Benefits Act of 1987 - Sets forth findings, includidng the following: (1) a significant portion of the veterans present at nuclear detonations were exposed to ionizing radiation which was measured by what proved to be an inaccurate method of determining the amount of such dosage; (2) the present process of adjudicating claims by veterans based on such radiation exposure has not resulted in fair resolution of such claims, due in part to the inaccurate measurement of health risk caused by such radiation dosages; and (3) certain body organs have shown a high susceptibility to the induction of cancers by ionizing radiation, creating a much higher possibility of cancer in various organs and areas of the body. Amends Federal veterans' benefits provisions to provide either a monthly disability or a monthly death benefit to a veteran who has died or is suffering from a disease based on the Government's testing of nuclear weapons or on the American occupation of Hiroshima or Nagasaki. Specifies the diseases based on such radiation exposure for which such benefits shall be paid, requiring manifestation of such disease within a specified period following exposure to such ionizing radiation. Bases the rates of compensation to be paid on the rates of compensation for service-connected death or disability benefits. Requires the Administrator to give special consideration to claims for compensation or dependency or indemnity compensation based on such radiation exposure and involving specific forms of cancer manifesting themselves within five years after exposure. Denies the payment of any such benefits when there is affirmative evidence that the disease was not incurred as a result of the veteran's exposure to testing or involvement in the occupation of Hiroshima or Nagasaki. Treats any benefits paid under this Act as service-connected benefits for purposes of the applicability of other veterans' benefits provisions. Defines a veteran's estimated service-related radiation exposure for purposes of adjudicating a claim for benefits provided under this Act. Amends the Veterans' Dioxin and Radiation Exposure Compensation Standards Act to require a certain advisory committee's report concerning the possible adverse effects resulting from exposure to ionizing radiation to be forwarded to the House and Senate veterans' committees. Makes the deadline for application for benefits under this Act and the eligibility for VA health care for radiation-exposed veterans September 30, 1991. Prohibits plutonium in any form from being transported by aircraft from one foreign nation to another through U.S. air space, unless: (1) the possible routes for shipment have been properly evaluated; and (2) such plutonium is transported in a container certified by the Nuclear Regulatory Commission (NRC) as safe. Directs that the NRC conduct a crash test and a drop test involving such a container, and that the NRC certifies such container as safe for the transport of such plutonium. Requires such tests to be designed by the NRC after public notice and after reasonable opportunity for public comment on the design of such tests. Requires the results of all such tests to be: (1) available to the public; and (2) submitted to the Congress. Title III: Health Care - Part A: Health-Care Programs - Amends Federal veterans' benefits provisions to authorize the VA, in the case of veterans who request such services, to furnish procreation-aid services in cases where the veteran's service-connected disability impairs the veteran's ability to procreate. Authorizes the VA to contract with non-VA health-care entities to provide emergency hospital care for veterans being furnished nursing home care in the community at VA expense, and to provide inpatient or outpatient observation and examination of veterans to determine eligibility for VA benefits. Amends the Veterans' Health Care Amendments of 1979 to conform certain reporting requirements contained under such Act to changes made in the VA's contract authorities by the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). Allows the VA to furnish to any eligible veteran residing or sojourning abroad: (1) hospital care or medical services for a service-connected disability; or (2) vocational rehabilitation for a service-connected disability. Revises current eligibility criteria for VA domiciliary care to provide eligibility to persons in need of such care who either have a service-connected disability or have no adequate means of support. Requires the VA to conduct, from January 1, 1988, to December 31, 1991, a four-year pilot program at not less than five nor more than ten demonstration project sites to evaluate noninstitutional alternatives to institutional care. Requires a report from the Administrator to the veterans' committees, no later than April 1, 1991, relating to such pilot program. Authorizes the VA to contract for community nursing home care for eligible veterans in Alaska or Hawaii, at a rate of up to 45 percent of the cost of care in a community general hospital under VA contract in those states. Requires the VA to establish a system-wide AIDS education and training program for patients and employees of VA health-care facilities. Expands the scope of existing VA alcohol and drug treatment confidentiality and nondiscrimination provisions to encompass individuals who are infected by the human immunodeficiency virus (HIV), the virus that causes AIDS. Prohibits the VA from implementing any widespread HIV testing program unless the Congress specifically appropriated funds for such purpose. Places certain limitations on the authority of the Administrator to prescribe limitations on the furnishing of health care services to veterans, except during periods of national or regional emergency. Increases the per-diem rates for the care of veterans in State homes, authorizing the Administrator to increase such rates by the percentage increase in the cost of care in VA general hospitals. Makes technical adjustments to provisions of current Federal law establishing a priority for the awarding of State home construction grants. Precludes per-diem payments made by the VA to State veterans' homes from being considered a "third-party liability" under the Medicaid program, and therefore, being deducted from medicaid payments to State homes. Modifies the effective date of the exemption of the Special Therapeutic and Rehabilitation Services Activities Fund (STRAF) from sequestration under the Gramm-Rudman-Hollings Act. Authorizes the Administrator to provide, or assist in the provision of, rehabilitative recreational activities to disabled veterans. Requires the Administrator to conduct a two-year pilot program of four projects using appropriately-equipped mobile vans to furnish health care in rural areas where veterans live at least 100 miles from the nearest VA health-care facility. Requires reports from the Administrator to the veterans' committees relating to the pilot program. Adds mental illness research as a specific research mission of the VA's Department of Medicine and Surgery. Directs the Administrator, no later than March 1, 1988, to submit to the veterans' committees a report regarding the VA's activities designed to promote increased efforts by affiliated medical and other health-professional training schools: (1) in training health professionals to care for older patients; and (2) in research into the aging process and diseases and disabilities associated with aging. Part B: Health-Care Administration - Subpart 1: Health-Care Personnel - Revises the procedure for appointing individuals to certain positions in the Office of the Chief Medical Director of the VA's Department of Medicine and Surgery (the CMD and the Department, respectively). Makes various changes to organizational aspects of the Department. Makes nursing additional-pay authority available within the Department to assist in the recruitment and retention of pharmacists and occupational therapists. provides that all employee grievance or disciplinary matters involving such employees will be handled as though such employees are civil service system employees, instead of special employees within the Department. Provides that the civil service procedures utilized for lesser disciplinary actions would be used in cases involving personnel. Sets forth under a grievance-resolution process. Revises provisions relating to the recruitment and retention within the Department of registered nurses, physical therapists, and other direct patient-care providers, including: (1) requiring the VA to pay nurses who currently work on Saturday the same premium pay currently applicable to such work performed on Sunday; (2) establishing a tuition reimbursement program for full-time nursing personnel (or, when needed, for other full-time personnel) for academic courses leading to the appropriate grant of a degree in such field, with special priority to certain nursing personnel for such program; (3) making eligible for the Health Professional Scholarship program physical therapists and other Department personnel who provide direct patient-care services, requiring a minimum two years of obligated service within the Department for every one year of scholarship aid, and giving priority for such scholarships to nurses seeking a fourth year of baccalaureate education; and (4) requiring the Chief of Nursing Services or their designee to be members of VA health-care facilities policy-making and fiscal committees. Authorizes a bonus of up to $20,000 over four years to be paid to full-time registered nurses or other full-time health-care personnel who agree to work or are presently working within the VA within a specific geographic area or in a professional specialty experiencing recruitment and retention problems. Authorizes the waiver of certain licensing and internship requirements if the individual will be employed in a research-only position (no direct patient care responsibility) or if the individual will be employed in a foreign country in which such individual is fully licensed to practice. Authorizes the Administrator to increase the rates of pay for psychologists who are academically accredited by a recognized institution. Directs the Administrator to conduct a study of pay and other personnel management practices within the Department. Authorizes the CMD to conduct a pilot program, during calendar years 1988 through 1990 and in not less than five VA medical centers, to gain information and experience with respect to the Administrator's study. Requires various reports concerning such study and pilot program. Directs the Administrator, to the extent practicable and in the best interest of the VA, to provide for the establishment of onsite child-care centers at VA facilities for the care of children of VA employees and, to the extent space is available, other Federal and non-Federal employees. Outlines administrative provisions concerning the establishment of such centers, requiring the Administrator to prescribe regulations to carry out such provision. Subpart 2: Other Medical Administration Matters - Repeals a provision of current Federal law which authorizes the Administrator to furnish tobacco to hospitalized veterans. Revises the period of time during which the VA may institute legal action to recover the cost of VA health care in certain circumstances. Expands the immunity from liability for VA health-care employees to include under such immunity any negligent or wrongful act committed by such employees while in the scope of their employment (making the Federal Government liable for such acts instead of the individual employees). Authorizes the Administrator to settle administrative tort claims in an amount equal to the amount of settlement authority which the Attorney General provides to a U.S. Attorney. Replaces the current Veterans' Affairs Committees approval resolutions process for VA major medical construction or acquisition projects with a specified legislative authorization process. Replaces the existing prohibition against increasing the contract amount by more than ten percent of the amount specified by the Committees' resolution process with a requirement that the Administrator give the veterans' committees 30 days' advance notice whenever the cost of a project would exceed by more than ten percent the amount specified in the authorizing legislation. Requires the Administrator to develop and fully implement an agency-wide plan for the cost-effective standardization of medical and pharmaceutical supplies procured by the VA. Requires the VA to procure items only through national contracts to be awarded by the VA, except under certain limited conditions. Requires that local purchases of medical and pharmaceutical items be made through wholesalers. Requires VA medical centers to report annually to the Administrator on the quantity and cost of items procured under local contracts, and requires the Administrator to report annually to the veterans' committees on its experiences in procurement, including a summary of items procured under local contracts. Authorizes the VA to use multiyear procurement contracts, except when such contracts would interfere with the maximum procurement of generic drugs. Outlines various administrative provisions to be contained in such multiyear medical procurement contracts. Requires the Administrator to prescribe regulations to implement this provision. Directs the Administrator, no later than 120 days after the enactment of this Act, to submit to the Congress a report on: (1) the health care resources allocated by the VA to VA facilities in each State in fiscal years 1982 through 1986; and (2) the utilization of the health care resources allocated to such facilities in each such fiscal year. Title IV: Miscellaneous - Prohibits the Administrator from declaring as excess to the needs of the VA, or taking any other action to dispose of, the land and improvements at the VA medical centers in West Los Angeles, California, and in Sepulveda, California. Gives the Administrator discretionary authority to waive the general requirement for upright grave markers in a VA national cemetery after certain determinations made by the Administrator concerning the utility of such grave markers. Requires the VA, upon certain conditions being met, to lease to the Department of Labor for use as a Job Corps center certain land and buildings in Minot, North Dakota, where the VA formerly operated a hospital. Adds a representative of veterans who are native Hawaiians to the VA's Advisory Committee on Native American Veterans. Revises the dates of certain reports due from such Committee. Repeals a provision of Federal law relating to the sales of loans made by the VA to finance the sale of foreclosed properties. Transfers the Arizona Veterans Memorial Cemetery, Arizona, to the VA, under specified terms and conditions. Renames the Veterans Administration Medical Center in Shreveport, Louisiana, as the Overton Brooks Veteran's Administration Medical Center. Prohibits any funds appropriated under this Act from being used for any construction project of the VA which uses any service of a foreign country during any period in which such country is listed by the United States Trade Representative as denying fair and equitable market opportunities for services of the United States in procurement or bidding. Requires the USTR to maintain a list of all such countries engaging in such inequitable practices against the United States, and to keep such countries on such list until such country does permit such fair and equitable market opportunities to the United States.
(Measure passed House, amended, roll call #230 (417-0)) Veterans' Administration Health-Care Amendments of 1987 - Title I: Health Care Provisions - Amends Federal veterans' benefits provisions to direct (currently authorizes) the Administrator of Veterans Affairs (the Administrator) to provide certain medical services to veterans with service-connected disabilities. Revises provisions concerning the provision of medical services for any disability of a veteran on an outpatient or ambulatory basis to offer such services to any veteran, otherwise eligible for hospital care under current veterans' benefits provisions, for the following medical services: (1) in preparation for hospital admission; (2) to obviate the need for hospital admission, to the extent that facilities are available; and (3) in the case of a veteran who has been furnished hospital care, nursing home care, or domiciliary care, services necessary to complete treatment incident to such care, but only for a period not in excess of 12 months after discharge from such care, unless the Administrator determines otherwise. Eliminates additional criteria currently restricting the eligibility of veterans with service-connected disabilities for domiciliary care. Revises the definition of "nursing home care" for purposes of veterans' benefits to include services delivered in skilled, intermediate care, and combined facilities, but to exclude domiciliary or residential care. Revises the definition of "Veterans' Administration facilities" to include public or private facilities at which the Administrator provides recreational activities for patients receiving Veterans Administration (VA) care. Authorizes the Administrator to contract-out with non-VA facilities for the provision of nursing home care to veterans and for hospitalization of a person for observation and examination to determine eligibility for VA benefits, when the VA is unable to provide such services adequately. Authorizes the Administrator to furnish such medical services as needed for any person disabled by VA treatment or vocational rehabilitation: (1) for a disability for which a person receives disability compensation; or (2) for a disability where disability compensation is suspended, but only to the extent that such person's continuing eligibility is provided for in the judgment or settlement of an action concerning such suspension of compensation. Prohibits the Administrator, before a date to be determined, from relocating any VA readjustment counseling centers that are situated apart from VA health-care facilities. Authorizes the Administrator (currently directs) to take certain action regarding the transition from offering veterans' readjustment counseling in facilities located apart from VA health-care facilities to offering such services in VA health-care facilities. Extends to September 30, 1991, the contract adult day health care program. Directs the Administrator to conduct a study and submit specified reports on the cost efficiency of furnishing adult day health care over nursing home care, and the advantages and disadvantages of furnishing such care through VA facilities and through other facilities. Adds veterans sojourning or residing in Canada to those eligible for hospital care, medical services, and nursing home care while abroad. Repeals a specified provision of the Veterans' Health Care Amendments of 1979 which required annual reports from the Administrator concerning the contracting-out of health care. Directs the Administrator to conduct a pilot program to provide care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based facilities to homeless veterans suffering from chronic mental illness disabilities. Requires the Administrator to approve each such program before putting it into operation. Terminates the authority for such pilot program on September 30, 1988. Directs the Administrator, no later than May 1, 1988, to report to the Senate and House Veterans' Affairs Committees on the experience of the VA under the pilot program, and the recommendations of the Administrator as to whether such program should be continued. Authorizes appropriations for FY 1988 for such program, earmarking a specified amount of such funds for quality control management and monitoring of such program. Repeals a specified provision of current Federal law relating to the provision of treatment and rehabilitation for chronically mentally ill veterans. Title II: Health Care Personnel - Amends Federal provisions relating to health-care personnel within the VA's Department of Medicine and Surgery (the Department) to reflect pay increases for specified personnel within such Department. Increases the hours considered to be weekend duty eligible for premium pay for nurses in the Department. Revises other provisions concerning miscellaneous medical personnel matters. Revises provisions concerning disciplinary actions against nonprobationary medical personnel of the Department. Requires a disciplinary board to review only those actions: (1) arising from performance or conduct during a person's tenure with the VA; and (2) proposing that such person be removed, suspended for more than 14 days, or given a demotion involving the loss of grade or pay. Expands eligibility for the VA's Health Professional Scholarship Program. Excludes temporary research personnel from any ceiling on full-time employees of the VA or any other ceiling applicable to employees of the VA. Provides for the employment of two (currently one) Associate Deputy Chief Medical Directors, who shall act as assistants to the Chief and the Deputy Chief Medical Director of the Department. Revises provisions relating to disciplinary procedures and reemployment rights of certain persons appointed to a position in the Department. Requires the board appointed to review the performance of probationary medical employees of the Department to make recommendations to the Chief Medical Director concerning each such employee. Allows the Chief Medical Director to accept, reject, or modify such recommendations. Provides for the payment of on-call pay for medical personnel of the Department required to be on call for a period other than the employee's regular hours of duty. Revises provisions relating to the waiver of certain licensing requirements of certain medical personnel to be employed only in a research or academic post where there is no direct responsibility for the care of patients or to serve in a foreign country where they are fully licensed under the laws of such country. Title III: Administration of Health-Care System - Provides a six-year statute of limitations for actions brought by the United States against a veteran for recovery of the cost of furnishing care and services to a veteran for a non-service-connected disability. Excludes certain medical personnel of the Department from immunity from suit under specified Federal law which prohibits certain Federal employees from suing or being sued, thereby authorizing suits against such personnel for negligent or wrongful acts or omissions committed while an employee of the Department. Authorizes the Administrator to settle any claim against such employees under tort laws, to the extent delegated to the Administrator by the Attorney General. Prohibits the Administrator from transferring any interest in real property owned by the United States and administered by the Administrator which is valued in excess of $50,000 to another Federal agency or to a State unless such transfer is specifically authorized by law after the date of enactment of this Act. Makes technical revisions to Federal provisions regarding the financial management of the veterans' canteen service. Provides that persons employed in the canteen service and compensated from a revolving fund established for the provision of such service may not be considered to be employees of the VA for purposes of the determination of VA employee ceilings. Exempts certain specified VA fund accounts from the operation of any sequestration order issued or enacted for any fiscal year after FY 1985. Directs the Secretary of the Treasury to implement such exemption, and, no later than 60 days after the enactment of this Act, report to the appropriate congressional committees on any action taken to implement such provision. Directs the Administrator to carry out a pilot program to determine hospital management efficiency within the VA. Requires the Administrator to designate five medical centers to participate in the pilot program. Requires the Administrator to consult with the Senate and House Veterans' Affairs Committees before making such designation. Authorizes the Director of a designated medical center to waive or alter any applicable management and administration laws pertaining to such center in order to improve the efficiency and economy of such center. Directs the Administrator to ensure that a designated medical center does not incur a budget reduction during the period of the pilot program due to improved efficiency or economy of operation achieved under this provision. Directs the Administrator to submit to the Congress an annual report on the pilot program. Terminates such pilot program on September 30, 1990. Directs the Administrator to establish and operate, as part of the Department, an outpatient clinic in central or southern New Jersey. Requires the Administrator to begin the site location process for such clinic no later than 30 days after the enactment of this Act. Redesignates the Veterans' Administration Medical Center in Shreveport, Louisiana, as the Overton Brooks Veterans' Adminisration Medical Center. Title IV: Miscellaneous - Sets forth the effective date for the amendments made by this Act.
(Reported to House from the Committee on Veterans' Affairs with amendment, H. Rept. 100-191) Veterans' Administration Health-Care Amendments of 1987 - Title I: Health Care Provisions - Amends Federal veterans' benefits provisions to direct (currently authorizes) the Administrator of Veterans Affairs (the Administrator) to provide certain medical services to veterans with service-connected disabilities. Revises provisions concerning the provision of medical services for any disability of a veteran on an outpatient or ambulatory basis to offer such services to any veteran, otherwise eligible for hospital care under current veterans' benefits provisions, for the following medical services: (1) in preparation for hospital admission; (2) to obviate the need for hospital admission, to the extent that facilities are available; and (3) in the case of a veteran who has been furnished hospital care, nursing home care, or domiciliary care, services necessary to complete treatment incident to such care, but only for a period not in excess of 12 months after discharge from such care, unless the Administrator determines otherwise. Eliminates additional criteria currently restricting the eligibility of veterans with service-connected disabilities for domiciliary care. Revises the definition of "nursing home care" for purposes of veterans' benefits to include services delivered in skilled, intermediate care, and combined facilities, but to exclude domiciliary or residential care. Revises the definition of "Veterans' Administration facilities" to include public or private facilities at which the Administrator provides recreational activities for patients receiving Veterans Administration (VA) care. Authorizes the Administrator to contract-out with non-VA facilities for the provision of nursing home care to veterans and for hospitalization of a person for observation and examination to determine eligibility for VA benefits, when the VA is unable to provide such services adequately. Authorizes the Administrator to furnish such medical services as needed for any person disabled by VA treatment or vocational rehabilitation: (1) for a disability for which a person receives disability compensation; or (2) for a disability where disability compensation is suspended, but only to the extent that such person's continuing eligibility is provided for in the judgment or settlement of an action concerning such suspension of compensation. Prohibits the Administrator, before a date to be determined, from relocating any VA readjustment counseling centers that are situated apart from VA health-care facilities. Authorizes the Administrator (currently directs) to take certain action regarding the transition from offering veterans' readjustment counseling in facilities located apart from VA health-care facilities to offering such services in VA health-care facilities. Extends to September 30, 1991, the contract adult day health care program. Directs the Administrator to conduct a study and submit specified reports on the cost efficiency of furnishing adult day health care over nursing home care, and the advantages and disadvantages of furnishing such care through VA facilities and through other facilities. Adds veterans sojourning or residing in Canada to those eligible for hospital care, medical services, and nursing home care while abroad. Repeals a specified provision of the Veterans' Health Care Amendments of 1979 which required annual reports from the Administrator concerning the contracting-out of health care. Directs the Administrator to conduct a pilot program to provide care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based facilities to homeless veterans suffering from chronic mental illness disabilities. Requires the Administrator to approve each such program before putting it into operation. Terminates the authority for such pilot program on September 30, 1988. Directs the Administrator, no later than May 1, 1988, to report to the Senate and House Veterans' Affairs Committees on the experience of the VA under the pilot program, and the recommendations of the Administrator as to whether such program should be continued. Authorizes appropriations for FY 1988 for such program, earmarking a specified amount of such funds for quality control management and monitoring of such program. Repeals a specified provision of current Federal law relating to the provision of treatment and rehabilitation for chronically mentally ill veterans. Title II: Health Care Personnel - Amends Federal provisions relating to health-care personnel within the VA's Department of Medicine and Surgery (the Department) to reflect pay increases for specified personnel within such Department. Increases the hours considered to be weekend duty eligible for premium pay for nurses in the Department. Revises other provisions concerning miscellaneous medical personnel matters. Revises provisions concerning disciplinary actions against nonprobationary medical personnel of the Department. Requires a disciplinary board to review only those actions: (1) arising from performance or conduct during a person's tenure with the VA; and (2) proposing that such person be removed, suspended for more than 14 days, or given a demotion involving the loss of grade or pay. Expands eligibility for the VA's Health Professional Scholarship Program. Excludes temporary research personnel from any ceiling on full-time employees of the VA or any other ceiling applicable to employees of the VA. Provides for the employment of two (currently one) Associate Deputy Chief Medical Directors, who shall act as assistants to the Chief and the Deputy Chief Medical Director of the Department. Revises provisions relating to disciplinary procedures and reemployment rights of certain persons appointed to a position in the Department. Requires the board appointed to review the performance of probationary medical employees of the Department to make recommendations to the Chief Medical Director concerning each such employee. Allows the Chief Medical Director to accept, reject, or modify such recommendations. Provides for the payment of on-call pay for medical personnel of the Department required to be on call for a period other than the employee's regular hours of duty. Revises provisions relating to the waiver of certain licensing requirements of certain medical personnel to be employed only in a research or academic post where there is no direct responsibility for the care of patients or to serve in a foreign country where they are fully licensed under the laws of such country. Title III: Administration of Health-Care System - Provides a six-year statute of limitations for actions brought by the United States against a veteran for recovery of the cost of furnishing care and services to a veteran for a non-service-connected disability. Excludes certain medical personnel of the Department from immunity from suit under specified Federal law which prohibits certain Federal employees from suing or being sued, thereby authorizing suits against such personnel for negligent or wrongful acts or omissions committed while an employee of the Department. Authorizes the Administrator to settle any claim against such employees under tort laws, to the extent delegated to the Administrator by the Attorney General. Prohibits the Administrator from transferring any interest in real property owned by the United States and administered by the Administrator which is valued in excess of $50,000 to another Federal agency or to a State unless such transfer is specifically authorized by law after the date of enactment of this Act. Makes technical revisions to Federal provisions regarding the financial management of the veterans' canteen service. Provides that persons employed in the canteen service and compensated from a revolving fund established for the provision of such service may not be considered to be employees of the VA for purposes of the determination of VA employee ceilings. Exempts certain specified VA fund accounts from the operation of any sequestration order issued or enacted for any fiscal year after FY 1985. Directs the Secretary of the Treasury to implement such exemption, and, no later than 60 days after the enactment of this Act, report to the appropriate congressional committees on any action taken to implement such provision. Directs the Administrator to carry out a pilot program to determine hospital management efficiency within the VA. Requires the Administrator to designate five medical centers to participate in the pilot program. Requires the Administrator to consult with the Senate and House Veterans' Affairs Committees before making such designation. Authorizes the Director of a designated medical center to waive or alter any applicable management and administration laws pertaining to such center in order to improve the efficiency and economy of such center. Directs the Administrator to ensure that a designated medical center does not incur a budget reduction during the period of the pilot program due to improved efficiency or economy of operation achieved under this provision. Directs the Administrator to submit to the Congress an annual report on the pilot program. Terminates such pilot program on September 30, 1990. Directs the Administrator to establish and operate, as part of the Department, an outpatient clinic in central or southern New Jersey. Requires the Administrator to begin the site location process for such clinic no later than 30 days after the enactment of this Act. Redesignates the Veterans' Administration Medical Center in Shreveport, Louisiana, as the Overton Brooks Veterans' Adminisration Medical Center. Title IV: Miscellaneous - Sets forth the effective date for the amendments made by this Act.
Veterans' Administration Health-Care Amendments of 1987 - Title I: Health Care Provisions - Amends Federal veterans' benefits provisions to direct (current law authorizes) the Administrator of Veterans Affairs (the Administrator) to provide certain medical services to eligible veterans. Revises the definition of "nursing home care" for purposes of such provisions, to include services delivered in skilled, intermediate care, and combined facilities, but to exclude domiciliary or residential care. Revises the definition of "Veterans' Administration facilities" to include public or private facilities at which the Administrator provides recreational activities for patients receiving care under a specified provision of Federal law. Authorizes the Administrator to contract-out with non-Veterans Administration (VA) facilities for the provision of nursing home care to veterans in a public or private nursing home in the community, and for hospitalization of a person for observation and examination to determine eligibility for benefits, when the VA is unable to provide such services adequately. Authorizes the Administrator to furnish such medical services as needed for any person: (1) for a disability for which a person receives disability compensation; or (2) for a disability where disability compensation is suspended, but only to the extent that such person's continuing eligibility is provided for in the judgment or settlement of an action concerning such suspension. Prohibits the Administrator, before a date to be determined, from relocating any VA readjustment counseling centers that are situated apart from VA health-care facilities. Authorizes the Administrator (current law directs) to take certain action regarding the transition from offering veterans' readjustment counseling in facilities located apart from VA health-care facilities to offering such services in VA health-care facilities. Extends to September 30, 1991, the contract adult day health care program. Directs the Administrator to conduct a study, and submit specified reports on, the cost efficiency of furnishing adult day health care over nursing home care, and the advantages and disadvantages of furnishing such care through facilities not under the jurisdiction of the Administrator and through facilities that are under the jurisdiction of the Administrator. Adds veterans sojourning or residing in Canada to those eligible for hospital care, medical services, and nursing home care while abroad. Repeals a specified provision of the Veterans' Health Care Amendments of 1979 requiring annual reports from the Administrator concerning the contracting-out of health care. Directs the Administrator to conduct a pilot program to provide care and treatment and rehabilitative services in halfway houses, therapeutic communities, psychiatric residential treatment centers, and other community-based facilities to homeless veterans suffering from chronic mental illness disabilities. Requires the Administrator to approve each such program before putting it into operation. Terminates the authority for such pilot program on September 30, 1988. Directs the Administrator, no later than May 1, 1988, to report to the Senate and House Veterans' Affairs Committees on the experience of the VA under the pilot program and the recommendations of the Administrator as to whether such program should be continued. Authorizes appropriations for FY 1988 for such program, earmarking a specified amount of such authorized funds for quality control management and monitoring of such program. Repeals a specified provision of current Federal law relating to the provision of treatment and rehabilitation for chronically mentally ill veterans. Title II: Health Care Personnel - Amends Federal provisions relating to health-care personnel within the VA's Department of Medicine and Surgery (the Department) to provide pay increases for specified health-care personnel within such Department. Increases the hours considered to be weekend duty eligible for premium pay for nurses in the Department. Revises other provisions concerning miscellaneous medical personnel matters. Revises provisions concerning the composition and convening of disciplinary boards for medical personnel of the Department. Requires any determination made by such board to be made only after notice and an opportunity for a fair hearing. Requires a majority of the members of a disciplinary board to be employees in the same category of position as the employee who is the subject of the charges. Defines a "covered disciplinary action" for purposes of such boards as a disciplinary action: (1) arising from performance or conduct during a person's tenure with the VA; and (2) proposing that such person be removed, suspended for more than 14 days, or given a demotion involving the loss of grade or pay. Makes technical changes to Federal provisions concerning the Health Professional Scholarship Program. Excludes temporary research personnel from any ceiling on full-time employees of the VA or any other ceiling applicable to employees of the VA. Provides for the employment of two (currently one) Associate Deputy Chief Medical Directors, who shall act as assistants to the Chief and the Deputy Chief Medical Director of the Department. Revises provisions relating to the appointment, reappointment, or extension of employment of any person appointed to a position in the Department. Requires the first two years of employment of a person appointed to a medical personnel position in the Department to be a probationary period, allowing the record of such employee to be reviewed at any time during such period by a board appointed under regulations prescribed by the Secretary. Requires the board to make recommendations to the Chief Medical Director concerning each such employee, and allows the Chief Medical Director to accept, reject, or modify such recommendations, requiring a statement of reasons if the Chief Medical Director takes actions not recommended by the board. Provides for the payment of on-call pay for medical personnel of the Department required to be on call for a period other than the employee's regular hours of duty, at a specified rate. Revises provisions relating to the waiver of certain licensing requirements of certain medical personnel if such person is to be employed only in a research or academic post where there is no direct responsibility for the care of patients, or if such person is to serve in a foreign country where he or she is fully licensed under the laws of such country. Title III: Administration of Health-Care System - Provides a six-year statute of limitations for actions brought by the United States against a veteran for recovery of the cost of furnishing care and services to a veteran for a non-service-connected disability. Excludes certain medical personnel of the Department from immunity from suit under specified Federal law which prohibits certain Federal employees from suing or being sued, thereby authorizing suits against such personnel for negligent or wrongful acts or omissions committed while an employee of the Department. Authorizes the Administrator to settle any claim against such employees under tort laws, to the extent delegated to the Administrator by the Attorney General. Prohibits the Administration from transferring any interest in real property owned by the United States and administered by the Administrator which is valued in excess of $50,000 to another Federal agency or to a State, unless such transfer is specifically authorized by law after the date of enactment of this Act. Makes technical revisions to Federal provisions regarding the financial management of the veterans' canteen service. Provides that persons employed in the canteen service and compensated from a revolving fund established for the provision of such service may not be considered to be employees of the VA for purposes of the determination of VA employee ceilings. Exempts certain specified VA fund accounts from the operation of any sequestration order issued or enacted for any fiscal year after FY 1985. Directs the Secretary of the Treasury to implement such exemption, and, no later than 60 days after enactment of this Act, report to the appropriate congressional committees on any action taken to implement such provision. Directs the Administrator to carry out a pilot program to determine hospital management efficiency within the VA. Requires the Administrator to designate five medical centers to participate in the pilot program. Requires the Administrator to consult with the Senate and House Veterans' Affairs Committees before making such designation. Authorizes the Director of a designated medical center to waive or alter any applicable management and administration laws pertaining to such center in order to improve the efficiency and economy of such medical center. Directs the Administrator to ensure that a designated medical center does not incur a budget reduction during the period of the pilot program due to improved efficiency or economy of operation achieved under this provision. Directs the Administrator to submit to the Congress an annual report on the pilot program. Terminates such pilot program on September 30, 1990. Directs the Administrator to establish and operate, as part of the Department, an outpatient clinic in central or southern New Jersey. Requires the Administrator to begin the site location process for such clinic no later than 30 days after the enactment of this Act. Title IV: Miscellaneous - Sets forth the effective date for amendments made by this Act.
![Rep. Montgomery, G. V. (Sonny) [D-MS-3]](https://www.congress.gov/img/member/m000865_200.jpg)
Signed by President.
Signed by President.
Became Public Law No: 100-322.
Became Public Law No: 100-322.
Presented to President.
Presented to President.
Measure Signed in Senate.
Message on Senate action sent to the House.
Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.
Senate agreed to conference report by Voice Vote.
Conference report agreed to in House: House Agreed to Conference Report by Yea-Nay Vote: 416 - 0 (Record Vote No: 73).
House Agreed to Conference Report by Yea-Nay Vote: 416 - 0 (Record Vote No: 73).
Conference papers: message on House action held at the desk in Senate.
Conference papers: Senate report and managers' statement held at the desk in Senate.
Conference report filed: Conference Report 100-578 Filed in House.
Conference Report 100-578 Filed in House.
Conference committee actions: Conferees agreed to file conference report.
Conferees agreed to file conference report.
Resolving differences -- House actions: House Insisted on its Amendments by Unanimous Consent.
House Insisted on its Amendments by Unanimous Consent.
House Agreed to Request for Conference and Speaker Appointed Conferees: Montgomery, Applegate, Kaptur, Rowland (GA), Solomon, Hammerschmidt.
Message on Senate action sent to the House.
Message on House action received in Senate and held at desk: House amendments to Senate amendments.
Resolving differences -- Senate actions: Senate disagreed to House amendments to Senate amendments by Voice Vote.
Senate disagreed to House amendments to Senate amendments by Voice Vote.
Senate requests a conference. Appoints conferees. Cranston; DeConcini; Matsunaga; Murkowski; Simpson.
Called up by House by Unanimous Consent.
Resolving differences -- House actions: House Concurred, in Senate Amendments, with Amendments by Voice Vote.
House Concurred, in Senate Amendments, with Amendments by Voice Vote.
Message on Senate action sent to the House.
Senate Committee on Veterans discharged.
Senate Committee on Veterans discharged.
Measure laid before Senate by unanimous consent.
Senate struck all after the Enacting Clause and substituted the language of S. 9 amended.
Passed/agreed to in Senate: Passed Senate in lieu of S. 9 with an amendment and an amendment to the Title by Yea-Nay Vote. 88-0. Record Vote No: 400.
Passed Senate in lieu of S. 9 with an amendment and an amendment to the Title by Yea-Nay Vote. 88-0. Record Vote No: 400.
Received in the Senate and read twice and referred to the Committee on Veterans.
Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 417 - 0 (Record Vote No: 230).
Passed House (Amended) by Yea-Nay Vote: 417 - 0 (Record Vote No: 230).
Called up by House Under Suspension of Rules.
Considered by House Unfinished Business.
Reported to House (Amended) by House Committee on Veterans' Affairs. Report No: 100-191.
Reported to House (Amended) by House Committee on Veterans' Affairs. Report No: 100-191.
Placed on Union Calendar No: 113.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended).
Introduced in House
Introduced in House
Referred to House Committee on Veterans' Affairs.
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