2000
[DOCID: f:h2792eh.txt]
107th CONGRESS
1st Session
H. R. 2792
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to make service dogs available to disabled veterans
and to make various other improvements in health care benefits provided
by the Department of Veterans Affairs, and for other purposes.
107th CONGRESS
1st Session
H. R. 2792
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to authorize the Secretary of
Veterans Affairs to make service dogs available to disabled veterans
and to make various other improvements in health care benefits provided
by the Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Disabled Veterans
Service Dog and Health Care Improvement Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VETERANS HEALTH CARE IMPROVEMENT
Sec. 101. Authorization for Secretary of Veterans Affairs to provide
service dogs for disabled veterans.
Sec. 102. Maintenance of capacity for specialized treatment and
rehabilitative needs of disabled veterans.
Sec. 103. Threshold for veterans health care eligibility means test to
reflect locality cost-of-living variations.
Sec. 104. Assessment and report on special telephone services for
veterans.
Sec. 105. Recodification of bereavement counseling authority and
certain other health-related authorities.
Sec. 106. Extension of expiring collections authorities.
Sec. 107. Personal emergency response system for veterans with service-
connected disabilities.
TITLE II--CHIROPRACTIC SERVICES PROGRAM
Sec. 201. Chiropractic Service established in the Veterans Health
Administration.
Sec. 202. Availability of chiropractic care to veterans.
Sec. 203. Chiropractic providers.
Sec. 204. Scope of services; enrollment.
Sec. 205. Training and information.
Sec. 206. Advisory committee.
Sec. 207. Implementation report.
TITLE III--NATIONAL COMMISSION ON VA NURSING
Sec. 301. Establishment of Commission.
Sec. 302. Duties of Commission.
Sec. 303. Reports.
Sec. 304. Powers.
Sec. 305. Personnel matters.
Sec. 306. Termination of the Commission.
TITLE I--VETERANS HEALTH CARE IMPROVEMENT
SEC. 101. AUTHORIZATION FOR SECRETARY OF VETERANS AFFAIRS TO PROVIDE
SERVICE DOGS FOR DISABLED VETERANS.
(a) Authority.--Section 1714 of title 38, United States Code, is
amended--
(1) in subsection (b)--
(A) by striking ``seeing-eye or'' the first place
it appears;
(B) by striking ``who are entitled to disability
compensation'' and inserting ``who are enrolled under
section 1705 of this title'';
(C) by striking ``, and may pay'' and all that
follows through ``such seeing-eye or guide dogs''; and
(D) by striking ``handicap'' and inserting
``disability''; and
(2) by adding at the end the following new subsections:
``(c) The Secretary may, in accordance with the priority specified
in section 1705 of this title, provide--
``(1) service dogs trained for the aid of the hearing
impaired to veterans who are hearing impaired and are enrolled
under section 1705 of this title; and
``(2) service dogs trained for the aid of persons with
spinal cord injury or dysfunction or other chronic impairment
that substantially limits mobility to veterans with such
injury, dysfunction, or impairment who are enrolled under
section 1705 of this title.
``(d) In the case of a veteran provided a dog under subsection (b)
or (c), the Secretary may pay travel and incidental expenses for that
veteran under the terms and conditions set forth in section 111 of this
title to and from the veteran's home for expenses incurred in becoming
adjusted to the dog.''.
(b) Clerical Amendments.--
(1) The heading for such section is amended to read as
follows:
``Sec. 1714. Fitting and training in use of prosthetic appliances;
guide dogs; service dogs''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 17 of such title is
amended to read as follows:
``1714. Fitting and training in use of prosthetic appliances; guide
dogs; service dogs.''.
SEC. 102. MAINTENANCE OF CAPACITY FOR SPECIALIZED TREATMENT AND
REHABILITATIVE NEEDS OF DISABLED VETERANS.
(a) Maintenance of Capacity on a Service-Network Basis.--Section
1706(b) of title 38, United States Code, is amended--
(2) in paragraph (1)--
(A) in the first sentence, by inserting ``(and each
geographic service area of the Veterans Health
Administration)'' after ``ensure that the Department'';
and
(B) in clause (B), by inserting ``(and each
geographic service area of the Veterans Health
Administration)'' after ``overall capacity of the
Department''; and
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(3) by inserting after paragraph (1) the following new
paragraphs (2) and (3):
``(2) For purposes of paragraph (1), the capacity of the Department
(and each geographic service area of the Veterans Health
Administration) to provide for the specialized treatment and
rehabilitative needs of disabled veterans (including veterans with
spinal cord dysfunction, traumatic brain injury, blindness, prosthetics
and sensory aids, and mental illness) within distinct programs or
facilities shall be measured for seriously mentally ill veterans as
follows (with all such data to be provided by geographic service area
and totaled nationally):
``(A) For mental health intensive community-based care, the
number of discrete intensive care teams constituted to provide
such intensive services to seriously mentally ill veterans and
the number of veterans provided such care.
``(B) For opioid substitution programs and for traumatic
brain injury, the number of patients treated annually and the
amounts expended.
``(C) For dual-diagnosis patients, the number treated
annually and the amounts expended.
``(D) For substance abuse programs--
``(i) the number of substance-use disorder beds
(whether hospital, nursing home, or other designated
beds) employed and the average bed occupancy of such
beds;
``(ii) the percentage of unique patients admitted
directly to substance abuse outpatient care during the
fiscal year who had two or more additional visits to
specialized substance abuse outpatient care within 30
days of their first visit, with a comparison from 1996
until the date of the report;
``(iii) the percentage of unique inpatients with
substance abuse diagnoses treated during the
2000
fiscal
year who had one or more specialized substance abuse
clinic visits within three days of their index
discharge, with a comparison from 1996 until the date
of the report; and
``(iv) the percentage of unique outpatients seen in
a facility or service network during the fiscal year
who had one or more specialized substance abuse clinic
visits, with a comparison from 1996 until the date of
the report.
``(E) For mental health programs, the number and type of
staff that are available at each facility to provide
specialized mental health treatment, including satellite
clinics, outpatient programs, and community-based outpatient
clinics, with a trend line comparison from 1996 to the date of
the report.
``(F) The number of such clinics providing mental health
care, the number and type of mental health staff at each such
clinic, and the type of mental health programs at each such
clinic.
``(3) For purposes of paragraph (1), the capacity of the Department
(and each geographic service area of the Veterans Health
Administration) to provide for the specialized treatment and
rehabilitative needs of disabled veterans within distinct programs or
facilities shall be measured for veterans with spinal cord dysfunction,
traumatic brain injury, blindness, or prosthetics and sensory aids as
follows (with all such data to be provided by geographic service area
and totaled nationally):
``(A) For spinal cord injury/dysfunction specialized
centers and for blind rehabilitation specialized centers, the
number of staffed beds and the number of full-time equivalent
employees assigned to provide care at such centers.
``(B) For prosthetics and sensory aids, the annual amount
expended.''.
(b) Extension of Annual Report Requirement.--Paragraph (3) of such
section, as so redesignated, is amended--
(1) by striking ``April 1, 1999, April 1, 2000, and April
1, 2001'' and inserting ``April 1 of each year through 2004'';
and
(2) by adding at the end the following new sentence: ``The
accuracy of each such report shall be certified by, or
otherwise commented upon by, the Inspector General of the
Department.''.
SEC. 103. THRESHOLD FOR VETERANS HEALTH CARE ELIGIBILITY MEANS TEST TO
REFLECT LOCALITY COST-OF-LIVING VARIATIONS.
(a) Revised Threshold.--Subsection (b) of section 1722 of title 38,
United States Code, is amended to read as follows:
``(b)(1) For purposes of subsection (a)(3), the income threshold
applicable to a veteran is the amount determined under paragraph (2).
``(2) The amount determined under this paragraph for a veteran is
the greater of the following:
``(A) For any calendar year after 2000--
``(i) in the case of a veteran with no dependents,
$23,688, as adjusted under subsection (c); or
``(ii) in the case of a veteran with one or more
dependents, $28,429, as so adjusted, plus $1,586, as so
adjusted, for each dependent in excess of one.
``(B) The amount in effect under the HUD Low Income Index
that is applicable in the area in which the veteran resides.
``(3) For purposes of paragraph (2)(B), the term `HUD Low Income
Index' means the family income ceiling amounts determined by the
Secretary of Housing and Urban Development under section 3(b)(2) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)) for purposes
of the determination of `low-income families' under that section.''.
(c) Conforming Amendment.--(1) Subsection (a)(3) of such section is
amended by striking ``amount set forth in'' and inserting ``income
threshold determined under''.
(2) Subsection (c) of such section is amended by striking
``subsection (b)'' and inserting ``subsection (b)(2)(A)''.
(d) Limitation on Resource Reallocations.-- Within the amount
appropriated to the Department of Veterans Affairs for medical care for
each of fiscal years 2002 through 2006. the amount that would otherwise
be allocated by the Secretary to any geographic service region of the
Veterans Health Administration in accordance with the established
resource allocation procedures of the Department may not be increased
or decreased by more than 5 percent by reason of the implementation of
this section.
(e) Effective Date.--The amendments made by this section shall take
effect on April 1, 2002.
SEC. 104. ASSESSMENT AND REPORT ON SPECIAL TELEPHONE SERVICES FOR
VETERANS.
(a) Assessment of Current Services.--The Secretary of Veterans
Affairs shall carry out an assessment of all special telephone services
for veterans (such as helplines and hotlines) provided by the
Department of Veterans Affairs. The assessment shall include the
geographical coverage, availability, utilization, effectiveness,
management, coordination, staffing, and cost of those services. As part
of such assessment, the Secretary shall conduct a survey of veterans to
measure their satisfaction with current special telephone services and
the demand for additional services.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the assessment carried out under subsection (a). The Secretary shall
include in the report recommendations regarding any needed improvement
to such services and recommendations regarding contracting for the
performance of such services.
SEC. 105. RECODIFICATION OF BEREAVEMENT COUNSELING AUTHORITY AND
CERTAIN OTHER HEALTH-RELATED AUTHORITIES.
(a) Statutory Reorganization.--Subchapter I of chapter 17 of title
38, United States Code, is amended--
(1) in section 1701(6)--
(A) by striking subparagraph (B) and the sentence
following that subparagraph;
(B) by striking ``services--'' in the matter
preceding subparagraph (A) and inserting ``services,
the following:''; and
(C) by striking subparagraph (A) and inserting the
following:
``(A) Surgical services.
``(B) Dental services and appliances as described in
sections 1710 and 1712 of this title.
``(C) Optometric and podiatric services.
``(D) Preventive health services.
``(E) In the case of a person otherwise receiving care or
services under this chapter--
``(i) wheelchairs, artificial limbs, trusses, and
similar appliances;
``(ii) special clothing made necessary by the
wearing of prosthetic appliances; and
``(iii) such other supplies or services as the
Secretary determines to be reasonable and necessary.
``(F) Travel and incidental expenses pursuant to section
111 of this title.''; and
(2) in section 1707--
(A) by inserting ``(a)'' at the beginning of the
text of the section; and
(B) by adding at the end the following:
``(b) The Secretary may furnish sensori-neural aids only in
accordance with guidelines prescribed by the Secretary.''.
(b) Consolidation of Provisions Relating to Persons Other Than
Veterans.--Such chapter is further amended by adding at the end the
following new subchapter:
``SUBCHAPTER VIII--HEALTH CARE OF PERSONS OTHER THAN VETERANS
``Sec. 1782. Counseling, training, and mental health services for
immediate family members
``(a) Counseling for Family Members of Veterans Receiving Service-
Connected Treatment.--In the case of a veteran who is receiving
treatment for a service-connected disability pursuant to
2000
paragraph (1)
or (2) of section 1710(a) of this title, the Secretary shall provide to
individuals described in subsection (c) such consultation, professional
counseling, training, and mental health services as are necessary in
connection with that treatment.
``(b) Counseling for Family Members of Veterans Receiving Non-
Service-Connected Treatment.--In the case of a veteran who is eligible
to receive treatment for a non-service-connected disability under the
conditions described in paragraph (1), (2), or (3) of section 1710(a)
of this title, the Secretary may, in the discretion of the Secretary,
provide to individuals described in subsection (c) such consultation,
professional counseling, training, and mental health services as are
necessary in connection with that treatment if--
``(1) those services were initiated during the veteran's
hospitalization; and
``(2) the continued provision of those services on an
outpatient basis is essential to permit the discharge of the
veteran from the hospital.
``(c) Eligible Individuals.--Individuals who may be provided
services under this subsection are--
``(1) the members of the immediate family or the legal
guardian of a veteran; or
``(2) the individual in whose household such veteran
certifies an intention to live.
``(d) Travel and Transportation Authorized.--Services provided
under subsections (a) and (b) may include, under the terms and
conditions set forth in section 111 of this title, travel and
incidental expenses of individuals described in subsection (c) in the
case of--
``(1) a veteran who is receiving care for a service-
connected disability; and
``(2) a dependent or survivor receiving care under the last
sentence of section 1783(b) of this title.
``Sec. 1783. Bereavement counseling
``(a) Deaths of Veterans.--In the case of an individual who was a
recipient of services under section 1782 of this title at the time of
the death of the veteran, the Secretary may provide bereavement
counseling to that individual in the case of a death--
``(1) that was unexpected; or
``(2) that occurred while the veteran was participating in
a hospice program (or a similar program) conducted by the
Secretary.
``(b) Deaths In Active Service.--The Secretary may provide
bereavement counseling to an individual who is a member of the
immediate family of a member of the Armed Forces who dies in the active
military, naval, or air service in the line of duty and under
circumstances not due to the person's own misconduct.
``(c) Bereavement Counseling Defined.--For purposes of this
section, the term `bereavement counseling' means such counseling
services, for a limited period, as the Secretary determines to be
reasonable and necessary to assist an individual with the emotional and
psychological stress accompanying the death of another individual.
``Sec. 1784. Humanitarian care
``The Secretary may furnish hospital care or medical services as a
humanitarian service in emergency cases, but the Secretary shall charge
for such care and services at rates prescribed by the Secretary.''.
(c) Transfer of CHAMPVA Section.--Section 1713 of such title is--
(1) transferred to subchapter VIII of chapter 17 of such
title, as added by subsection (b), and inserted after the
subchapter heading;
(2) redesignated as section 1781; and
(3) amended by adding at the end of subsection (b) the
following new sentence: ``A dependent or survivor receiving
care under the preceding sentence shall be eligible for the
same medical services as a veteran, including services under
sections 1782 and 1783 of this title.''.
(d) Repeal of Recodified Authority.--Section 1711 of such title is
amended by striking subsection (b).
(e) Cross Reference Amendments.--Such title is further amended as
follows:
(1) Section 103(d)(5)(B) is amended by striking ``1713''
and inserting ``1781''.
(2) Sections 1701(5) is amended by striking ``1713(b)'' in
subparagraphs (B) and (C)(i) and inserting ``1781(b)''.
(3) Section 1712A(b) is amended--
(A) in the last sentence of paragraph (1), by
striking ``section 1711(b)'' and inserting ``section
1784''; and
(A) in paragraph (2), by striking ``section
1701(6)(B)'' and inserting ``sections 1782 and 1783''.
(4) Section 1729(f) is amended by striking ``section
1711(b)'' and inserting ``section 1784''.
(5) Section 1729A(b) is amended--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph (7):
``(7) Section 1784 of this title.''.
(6) Section 8111(g) is amended--
(A) in paragraph (4), by inserting ``services under
sections 1782 and 1783 of this title'' after ``of this
title,''; and
(B) in paragraph (5), by striking ``section 1711(b)
or 1713'' and inserting ``section 1782, 1783, or
1784''.
(7) Section 8111A(a)(2) is amended by inserting ``, and the
term `medical services' includes services under sections 1782
and 1783 of this title'' before the period at the end.
(8) Section 8152(1) is amended by inserting ``services
under sections 1782 and 1783 of this title,'' after ``of this
title),''.
(9) Sections 8502(b), 8520(a), and 8521 are amended by
striking ``the last sentence of section 1713(b)'' and inserting
``the penultimate sentence of section 1781(b)''.
(f) Clerical Amendments.--
(1) The table of sections at the beginning of such chapter
is amended--
(A) by striking the item relating to section 1707
and inserting the following:
``1707. Limitations.'';
(B) by striking the item relating to section 1713;
and
(C) by adding at the end the following:
``subchapter viii--health care of persons other than veterans
``1781. Medical care for survivors and dependents of certain veterans.
``1782. Counseling, training, and mental health services for immediate
family members.
``1783. Bereavement counseling.
``1784. Humanitarian care.''.
(2) The heading for section 1707 is amended to read as
follows:
``Sec. 1707. Limitations''.
SEC. 106. EXTENSION OF EXPIRING COLLECTIONS AUTHORITIES.
(a) Health Care Copayments.--Section 1710(f)(2)(B) of title 38,
United States Code, is amended by striking ``September 30, 2002'' and
inserting ``September 30, 2007''.
(b) Medical Care Cost Recovery.--Section 1729(a)(2)(E) of such
title is amended by striking ``October 1, 2002'' and inserting
``October 1, 2007''.
SEC. 107. PERSONAL EMERGENCY RESPONSE SYSTEM FOR VETERANS WITH SERVICE-
CONNECTED DISABILITIES.
(a) Evaluation and Study.--The Secretary of Veterans Affairs shall
carry out an evaluation and study of the feasibility and desirability
of providing a personal emergency response system to veterans who have
service-connected disabilities. The evaluation and study shall be
commenced not later than 60 days after the date of the enactment of
this Act.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the evaluation and study under subsection (a). The Secretary shall
include in the report the Secretary's findings resulting from the
evaluation and study and the Secretary's conclusion as to whether the
Department of Veterans Affairs should provi
2000
de a personal emergency
response system to veterans with service-connected disabilities.
(c) Authority To Provide System.--If the Secretary concludes in the
report under subsection (b) that a personal emergency response system
should be provided by the Department of Veterans Affairs to veterans
with service-connected disabilities--
(1) the Secretary may provide such a system, without
charge, to any veteran with a service-connected disability who
is enrolled under section 1705 of title 38, United States Code,
and who submits an application for such a system under
subsection (d); and
(2) the Secretary may contract with one or more vendors to
furnish such a system.
(d) Application.--A personal emergency response system may be
provided to a veteran under subsection (c)(1) only upon the submission
by the veteran of an application for the system. Any such application
shall be in such form and manner as the Secretary may require.
(e) Definition.--For purposes of this section, the term ``personal
emergency response system'' means a device--
(1) that can be activated by an individual who is
experiencing a medical emergency to notify appropriate
emergency medical personnel that the individual is experiencing
a medical emergency; and
(2) that provides the individual's location through a
Global Positioning System indicator.
TITLE II--CHIROPRACTIC SERVICES
SEC. 201. CHIROPRACTIC SERVICE ESTABLISHED IN THE VETERANS HEALTH
ADMINISTRATION.
(a) New Service in Veterans Health Administration.--Section 7305 of
title 38, United States Code, is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) A Chiropractic Service.''.
(b) Director.--Section 7306(a) of such title--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph (7):
``(7) A Director of Chiropractic Service, who shall be a
qualified doctor of chiropractic and who shall be responsible
to the Secretary for the operation of the Chiropractic
Service.''.
SEC. 202. AVAILABILITY OF CHIROPRACTIC CARE TO VETERANS.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish a program to provide chiropractic care to veterans through
all Department of Veterans Affairs medical centers.
(b) Implementation.--The program under this section shall be
implemented at Department of Veterans Affairs medical centers as
follows:
(1) At not less than 30 medical centers by the end of
fiscal year 2002.
(2) At not less than 60 medical centers by the end of
fiscal year 2003,
(3) At not less than 90 medical centers by the end of
fiscal year 2004.
(4) At not less than 120 medical centers by the end of
fiscal year 2005.
(5) At all of the Department of Veterans Affairs medical
centers by the end of fiscal year 2006.
(c) Initial Participating Medical Centers.--The initial 30 medical
centers at which the program is to be carried out shall be designated
by the Secretary not later than 60 days after the date of the enactment
of this Act. In designating those medical centers, the Secretary shall
select medical centers to reflect geographic diversity, facilities of
various size and capabilities, and the range of services in the
Department health care system.
SEC. 203. CHIROPRACTIC PROVIDERS.
The program under section 202 shall be carried out through personal
service contracts and with appointments of licensed chiropractors for
delivery of chiropractic services at Department of Veterans Affairs
medical centers.
SEC. 204. SCOPE OF SERVICES; ENROLLMENT.
(a) Scope of Services.--The chiropractic services provided under
section 202 shall include, at a minimum, care for neuro-musculoskeletal
conditions.
(b) Enrollment.--A veteran enrolled under section 1705 of title 38,
United States Code, may, as part of such enrollment, choose a
chiropractor as the veteran's primary care provider. A veteran with a
primary care provider other than a chiropractor may be referred to
chiropractic services for neuro-musculoskeletal conditions by a medical
provider.
SEC. 205. TRAINING AND INFORMATION.
(a) Primary Care Teams.--The Secretary shall provide training and
materials relating to chiropractic services to members of Department
health care providers assigned to primary care teams for the purposes
of familiarizing those providers with the benefits of appropriate use
of chiropractic services.
(b) Future Program Sites.--During the period covered by section
202(b), the Secretary shall provide materials relating to chiropractic
services to medical centers and other health care facilities of the
Department not yet participating in the program in order to ensure that
health care providers at those facilities are aware of chiropractic
care as a future referral source.
(c) Approval of Materials.--The Secretary may approve materials to
be furnished under subsections (a) and (b) only after consulting with,
and receiving the views of, the advisory committee established under
section 206.
SEC. 206. ADVISORY COMMITTEE.
(a) Establishment.--The Secretary shall establish an advisory
committee to review implementation of the program under this title.
(b) Members.--In appointing the members of the advisory committee,
the Secretary shall include on the advisory committee--
(1) members of the chiropractic profession;
(2) persons who are experts in human resources appointments
in the Federal service;
(3) persons with expertise in academic matters;
(4) persons with knowledge of credentialing and the
granting of professional privileging to health care
practitioners; and
(5) other persons as determined necessary by the Secretary
and the functional needs of the advisory committee in
establishing the chiropractic health program.
(c) Functions.--The advisory committee shall provide advice to the
Secretary on--
(1) the granting of professional privileges for
chiropractors at Department medical centers;
(2) the scope of practice of chiropractors at Department
medical centers;
(3) training materials; and
(4) such other matters as are determined appropriate by the
Secretary.
SEC. 207. IMPLEMENTATION REPORT.
Not later than 18 months after the date of the enactment of this
Act, the Secretary shall submit to the Committees on Veterans Affairs
of the Senate and House of Representatives a report on the
implementation of this title.
TITLE III--NATIONAL COMMISSION ON VA NURSING
SEC. 301. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is hereby established in the Department
of Veterans Affairs a commission to be known as the ``National
Commission on VA Nursing'' (hereinafter in this title referred to as
the ``Commission'').
(b) Composition.--(1) The Commission shall be composed of 12
members.
(2) Eleven members shall be appointed by the Secretary of Veterans
Affairs, as follows:
(A) Three shall be recognized representatives of employees,
including nurses, of the Department of Veterans Affairs.
(B) Three shall be representatives of professional
associations of nurses of the Department or similar
organizations affiliated with the Department's health care
practitioners.
(C) Two shall be representatives of trade associations
representing the nursing profession.
(D) Two shall be nurses from nursing schools affiliated
with the Department of Veterans Affairs.
11ea
(E) One shall be a representative of veterans.
(3) The Nurse Executive of the Department of Veterans Affairs shall
be an ex officio member of the Commission.
(d) Chairman of Commission.--The Secretary of Veterans Affairs
shall designate one of the members of the Commission to serve as
chairman of the Commission.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
(f) Initial Organization Requirements.--All appointments to the
Commission shall be made not later than 60 days after the date of the
enactment of this Act. The Commission shall convene its first meeting
not later than 60 days after the date as of which all members of the
Commission have been appointed.
SEC. 302. DUTIES OF COMMISSION.
(a) Assessment.--The Commission shall--
(1) consider legislative and organizational policy changes
to enhance the recruitment and retention of nurses by the
Department of Veterans Affairs; and
(2) assess the future of the nursing profession within the
Department.
(b) Recommendation.--The Commission shall recommend legislative and
organizational policy changes to enhance the recruitment and retention
of nurses in the Department.
SEC. 303. REPORTS.
(a) Commission Report.--The Commission shall, not later than two
years after the date of its first meeting, submit to Congress and the
Secretary of Veterans Affairs a report on the Commission's findings and
conclusions.
(b) Secretary of Veterans Affairs Report.--Not later than 60 after
the date of the Commission's report under subsection (a), the Secretary
shall submit to Congress a report--
(1) providing the Secretary's views on the Commission's
findings and conclusions; and
(2) explaining what actions, if any, the Secretary intends
to take to implement the recommendations of the Commission and
the Secretary's reasons for doing so.
SEC. 304. POWERS.
(a) Hearings.--The Commission or, at its direction, any panel or
member of the Commission, may, for the purpose of carrying out the
provisions of this title, hold hearings and take testimony to the
extent that the Commission or any member considers advisable.
(b) Information.--The Commission may secure directly from any
Federal department or agency information that the Commission considers
necessary to enable the Commission to carry out its responsibilities
under this title.
SEC. 305. PERSONNEL MATTERS.
(a) Pay of Members.--Members of the Commission shall serve without
pay by reason of their work on the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--(1) The Secretary may, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties.
(2) The Secretary may fix the pay of the staff director and other
personnel appointed under paragraph (1) without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay fixed under this
paragraph for the staff director may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such title and
the rate of pay for other personnel may not exceed the maximum rate
payable for grade GS-15 of the General Schedule.
(d) Detail of Government Employees.--Upon request of the Secretary,
the head of any Federal department or agency may detail, on a
nonreimbursable basis, any personnel of that department or agency to
the Commission to assist it in carrying out its duties.
SEC. 306. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date of the
submission of its report under section 303(a).
Passed the House of Representatives October 23, 2001.
Attest:
Clerk.
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