[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2043 Reported in Senate (RS)]






                                                       Calendar No. 536
107th CONGRESS
  2d Session
                                S. 2043

                          [Report No. 107-231]

  To amend title 38, United States Code, to extend by five years the 
   period for the provision by the Secretary of Veterans Affairs of 
noninstitutional extended care services and required nursing home care, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2002

Mr. Rockefeller introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                             August 1, 2002

Reported by Mr. Rockefeller, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to extend by five years the 
   period for the provision by the Secretary of Veterans Affairs of 
noninstitutional extended care services and required nursing home care, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF 
              NONINSTITUTIONAL EXTENDED CARE SERVICES AND REQUIRED 
              NURSING HOME CARE.</DELETED>

<DELETED>    (a) Noninstitutional Extended Care Services.--Section 
1701(10)(A) of title 38, United States Code, is amended by striking 
``the date of the enactment of the Veterans Millennium Health Care and 
Benefits Act and ending on December 31, 2003,'' and inserting 
``November 30, 1999, and ending on December 31, 2008,''.</DELETED>
<DELETED>    (b) Required Nursing Home Care.--Section 1710A(c) of that 
title is amended by striking ``December 31, 2003'' and inserting 
``December 31, 2008''.</DELETED>
<DELETED>    (c) Extension of Report Date.--Section 101(i) of the 
Veterans Millennium Health Care and Benefits Act (Public Law 106-117; 
113 Stat. 1550; 38 U.S.C. 1710A note) is amended by striking ``January 
1, 2003,'' and inserting ``January 1, 2008,''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Long-Term 
Care and Mental Health Programs Enhancement Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

    TITLE I--LONG-TERM CARE AND MENTAL HEALTH PROGRAMS ENHANCEMENTS

                       Subtitle A--Long-Term Care

Sec. 101. Five-year extension of period for provision of 
                            noninstitutional extended care services and 
                            required nursing home care.

                   Subtitle B--Mental Health Programs

Sec. 111. Improvement of program for provision of specialized mental 
                            health services to veterans.
Sec. 112. Permanent authority for counseling and treatment for sexual 
                            trauma.
Sec. 113. Authority to operate additional centers for mental illness 
                            research, education, and clinical 
                            activities.

                     TITLE II--CONSTRUCTION MATTERS

                 Subtitle A--Construction Authorization

Sec. 201. Authorization of major medical facility projects.
Sec. 202. Authorization of appropriations.
Sec. 203. Modification of fiscal year 2001 project.

                       Subtitle B--Other Matters

Sec. 211. Increase in threshold for major medical facility projects.
Sec. 212. State home facilities for furnishing care to veterans in 
                            State of Alaska.

                 TITLE III--GENERAL HEALTH CARE MATTERS

             Subtitle A--Prescription Copayment Adjustment

Sec. 311. Standardization of income thresholds for copayment for 
                            outpatient medications and for inability to 
                            defray necessary expenses of care.

                 Subtitle B--Extensions of Authorities

Sec. 321. Effective date of modification of treatment for retirement 
                            annuity purposes of certain part-time 
                            service of certain Department of Veterans 
                            Affairs health-care professionals.
Sec. 322. Ten-year extension of eligibility for health care of veterans 
                            who served in Southwest Asia during the 
                            Persian Gulf War.

                       Subtitle C--Other Matters

Sec. 331. Coverage of employees of Veterans' Canteen Service under 
                            additional employment laws.
Sec. 332. Pilot project on medical care outreach for veterans in State 
                            of Washington through outreach clinics.

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 38, United States 
Code.

    TITLE I--LONG-TERM CARE AND MENTAL HEALTH PROGRAMS ENHANCEMENTS

                       Subtitle A--Long-Term Care

SEC. 101. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF 
              NONINSTITUTIONAL EXTENDED CARE SERVICES AND REQUIRED 
              NURSING HOME CARE.

    (a) Noninstitutional Extended Care Services.--Section 1701(10)(A) 
is amended by striking ``the date of the enactment of the Veterans 
Millennium Health Care and Benefits Act and ending on December 31, 
2003,'' and inserting ``November 30, 1999, and ending on December 31, 
2008,''.
    (b) Required Nursing Home Care.--Section 1710A(c) is amended by 
striking ``December 31, 2003'' and inserting ``December 31, 2008''.
    (c) Extension of Report Date.--Section 101(i) of the Veterans 
Millennium Health Care and Benefits Act (Public Law 106-117; 113 Stat. 
1550; 38 U.S.C. 1710A note) is amended by striking ``January 1, 2003,'' 
and inserting ``January 1, 2008,''.

                   Subtitle B--Mental Health Programs

SEC. 111. IMPROVEMENT OF PROGRAM FOR PROVISION OF SPECIALIZED MENTAL 
              HEALTH SERVICES TO VETERANS.

    (a) Increase in Funding.--Subsection (c) of section 116 of the 
Veterans Millennium Health Care and Benefits Act (Public Law 106-117; 
113 Stat. 1559; 38 U.S.C. 1712A note) is amended--
            (1) in paragraph (1), by striking ``$15,000,000'' and 
        inserting ``$25,000,000 in each of fiscal years 2003, 2004, and 
        2005'';
            (2) in paragraph (2), by striking ``$15,000,000'' and 
        inserting ``$25,000,000''; and
            (3) in paragraph (3)--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) For purposes of this paragraph, in fiscal years 2003, 2004, 
and 2005, the fiscal year utilized to determine the baseline amount 
shall be fiscal year 2002.''.
    (b) Allocation of Funds.--Subsection (d) of that section is 
amended--
            (1) by striking ``The Secretary'' and inserting ``(1) In 
        each of fiscal years 2003, 2004, and 2005, the Secretary''; and
            (2) by adding at the end the following new paragraphs:
    ``(2) In allocating funds to facilities in a fiscal year under 
paragraph (1), the Secretary shall ensure that--
            ``(A) not less than $10,000,000 is allocated by direct 
        grants to programs that are identified by the Mental Health 
        Strategic Health Care Group and the Committee on Care of 
        Severely Chronically Mentally Ill Veterans;
            ``(B) not less than $5,000,000 is allocated for programs on 
        post-traumatic stress disorder; and
            ``(C) not less than $5,000,000 is allocated for programs on 
        substance abuse disorder.
    ``(3) The Secretary shall provide that the funds to be allocated 
under this section during each of fiscal years 2003, 2004, and 2005 are 
funds for a special purpose program for which funds are not allocated 
through the Veterans Equitable Resource Allocation system.''.

SEC. 112. PERMANENT AUTHORITY FOR COUNSELING AND TREATMENT FOR SEXUAL 
              TRAUMA.

    Section 1720D is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``During the 
                period through December 31, 2004, the Secretary'' and 
                inserting ``The Secretary''; and
                    (B) in paragraph (2), by striking ``, during the 
                period through December 31, 2004,''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``establishment 
                and''; and
                    (B) in paragraph (2), by striking ``establishing a 
                program'' and inserting ``operating a program''.

SEC. 113. AUTHORITY TO OPERATE ADDITIONAL CENTERS FOR MENTAL ILLNESS 
              RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES.

    Section 7320(b)(3) is amended by striking ``five centers'' and 
inserting ``15 centers''.

                     TITLE II--CONSTRUCTION MATTERS

                 Subtitle A--Construction Authorization

SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.

    The Secretary of Veterans Affairs may carry out the following major 
medical facility projects, with each project to be carried out in an 
amount not to exceed the amount specified for such project:
            (1) Seismic corrections to Building 2 at the Department of 
        Veterans Affairs Medical Center, Palo Alto, California, 
        $14,000,000.
            (2) Seismic corrections to Building 4 at the Department of 
        Veterans Affairs Medical Center, Palo Alto, California, 
        $22,000,000.
            (3) Seismic corrections at the Department of Veterans 
        Affairs Medical Center, West Los Angeles, California, 
        $27,000,000.
            (4) Seismic corrections at the Department of Veterans 
        Affairs Medical Center, San Francisco, California, $31,000,000.
            (5) Construction of a long-term care facility at the 
        Department of Veterans Affairs Medical Center, Lebanon, 
        Pennsylvania, $14,500,000.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Veterans Affairs for the Construction, Major Projects, 
account, for fiscal year 2003, $108,500,000.
    (b) Limitation.--The projects authorized in section 201 may only be 
carried out using--
            (1) funds appropriated for fiscal year 2003 pursuant to the 
        authorization of appropriations in subsection (a);
            (2) funds appropriated for Construction, Major Projects, 
        for a fiscal year before fiscal year 2003 that remain available 
        for obligation; and
            (3) funds appropriated for Construction, Major Projects, 
        for fiscal year 2003 for a category of activity not specific to 
        a project.

SEC. 203. MODIFICATION OF FISCAL YEAR 2001 PROJECT.

    (a) Project Amount.--Section 231(a)(2) of the Veterans Benefits and 
Health Care Improvement Act of 2000 (Public Law 106-419; 114 Stat. 
1846) is amended by striking ``$9,500,000'' and inserting 
``$18,200,000''.
    (b) Authorization of Appropriations.--Section 232(a)(1) of that Act 
(114 Stat. 1847) is amended by striking ``$87,800,000'' and inserting 
``$96,500,000''

                       Subtitle B--Other Matters

SEC. 211. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY PROJECTS.

    Section 8104(a)(3)(A) is amended by striking ``$4,000,000'' and 
inserting ``$9,000,000''.

SEC. 212. STATE HOME FACILITIES FOR FURNISHING CARE TO VETERANS IN 
              STATE OF ALASKA.

    (a) Findings.--Congress makes the following findings:
            (1) Since 1888, Congress has provided payments to the 
        States to assist the States in caring for elderly and disabled 
        veterans.
            (2) A priority of the State Home Grant Program of the 
        Department of Veterans Affairs is to ensure that all States 
        that desire a State home for veterans have access to the grant 
        program, with higher priority accorded to States that do not 
        have a State home for veterans.
            (3) The State of Alaska does not have a State home for 
        veterans.
            (4) Under the State Home Grant Program, the contribution of 
        the Federal Government to the construction of a new State home 
        for veterans in the State of Alaska would be approximately 
        $16,000,000.
            (5) The Veterans Millennium Health Care and Benefits Act 
        (Public Law 106-117) requires the Secretary of Veterans Affairs 
        to take into account the distances veterans and their families 
        must travel in determining the need for nursing home beds in 
        any particular State under the State Home Grant Program.
            (6) If a single State home for veterans were to be 
        constructed in the State of Alaska, a significant number of 
        veterans in the State of Alaska would be required to reside at 
        extraordinary distances from their families in order to take 
        advantage of the State home.
            (7) Since 1913, the State of Alaska has maintained a 
        residential program of housing, known as Pioneer Homes, for 
        elderly citizens of the State of Alaska, with six such homes 
        dispersed at six different locations throughout the State of 
        Alaska.
            (8) Many veterans and their spouses in the State of Alaska 
        currently reside in one of the Pioneer Homes.
    (b) Authority for Grant To Improve Pioneer Homes.--(1) The 
Secretary of Veterans Affairs may, upon application therefor by the 
State of Alaska, make a grant to the State of Alaska to expand, 
remodel, or alter space in six separate Pioneer Homes in the State of 
Alaska that is identified in such application as dedicated for the 
provision of care for veterans in the State of Alaska.
    (2) The purpose of the grant authorized by paragraph (1) is to 
permit the State of Alaska to improve the space referred to in that 
paragraph in order to permit the space, as so improved, to be treated 
in the aggregate as a State home facility for purposes of subchapter 
III of chapter 81 of title 38, United States Code, and other laws 
administered by the Secretary.
    (c) Amount of Grant.--(1) Notwithstanding section 8135(a)(1) of 
title 38, United States Code, the amount of the grant under subsection 
(b) may be the total estimated cost of the construction required to 
expand, remodel, or alter the space referred to in that subsection.
    (2) The amount of the grant may not exceed $16,000,000.
    (d) Priority of Grant.--If the Secretary determines to make the 
grant authorized by subsection (b), the Secretary shall deem the 
application for the grant as having satisfied the requirements 
specified in section 8135(c)(2)(A) of title 38, United States Code, for 
purposes of determining the priority to be accorded the application.
    (e) Source of Funds.--Amounts for the grant authorized by 
subsection (b) shall be derived from amounts authorized to be 
appropriated by section 8133 of title 38, United States Code.
    (f) Treatment of Improved Space as State Home.--The Secretary shall 
treat the space expanded, remodeled, or altered using the grant 
authorized by subsection (b), in the aggregate, as a State home 
facility of the State of Alaska for purposes of subchapter III of 
chapter 81 of title 38, United States Code, and other laws administered 
by the Secretary.

                 TITLE III--GENERAL HEALTH CARE MATTERS

             Subtitle A--Prescription Copayment Adjustment

SEC. 311. STANDARDIZATION OF INCOME THRESHOLDS FOR COPAYMENT FOR 
              OUTPATIENT MEDICATIONS AND FOR INABILITY TO DEFRAY 
              NECESSARY EXPENSES OF CARE.

    (a) Standardization.--Section 1722A(a)(3)(B) is amended to read as 
follows:
            ``(B) to a veteran whose attributable income is not greater 
        than the amount provided for in subsection (b) of section 1722 
        of this title, as adjusted from time to time under subsection 
        (c) of that section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

                 Subtitle B--Extensions of Authorities

SEC. 321. EFFECTIVE DATE OF MODIFICATION OF TREATMENT FOR RETIREMENT 
              ANNUITY PURPOSES OF CERTAIN PART-TIME SERVICE OF CERTAIN 
              DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE PROFESSIONALS.

    (a) Effective Date.--The effective date of the amendment made by 
section 132 of the Department of Veterans Affairs Health Care Programs 
Enhancement Act of 2001 (Public Law 107-135; 115 Stat. 2454) shall be 
as follows:
            (1) January 23, 2002, in the case of health care 
        professionals referred to in subsection (c) of section 7426 of 
        title 38, United States Code (as so amended), who retire on or 
        after that date.
            (2) The date of the enactment of this Act, in the case of 
        health care professionals referred to in such subsection (c) 
        who retired before January 23, 2002, but after April 7, 1986.
    (b) Recomputation of Annuity.--The Office of Personnel Management 
shall recompute the annuity of each health-care professional described 
in the first sentence of subsection (c) of section 7426 of title 38, 
United States Code (as so amended), who retired before January 23, 
2002, but after April 7, 1986, in order to take into account the 
amendment made by section 132 of the Department of Veterans Affairs 
Health Care Programs Enhancement Act of 2001. Such recomputation shall 
be effective only with respect to annuities paid after the date of the 
enactment of this Act, and shall apply beginning the first day of the 
first month beginning after the date of the enactment of this Act.

SEC. 322. TEN-YEAR EXTENSION OF ELIGIBILITY FOR HEALTH CARE OF VETERANS 
              WHO SERVED IN SOUTHWEST ASIA DURING THE PERSIAN GULF WAR.

    Section 1710(e)(3)(B) is amended by striking ``December 31, 2002'' 
and inserting ``December 31, 2012''.

                       Subtitle C--Other Matters

SEC. 331. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER 
              ADDITIONAL EMPLOYMENT LAWS.

    Section 7802(5) is amended by inserting before the semicolon the 
following: ``. Employees and personnel under this clause may be 
considered for appointment in Department positions in the competitive 
service in the same manner that Department employees in the competitive 
service are considered for transfer to such positions. An employee or 
individual appointed as personnel under this clause who is appointed to 
a Department position under the authority of the preceding sentence 
shall be treated as having a career appointment in such position once 
such employee or individual meets the three-year requirement for career 
tenure (with any previous period of employment or appointment in the 
Service being counted toward satisfaction of such requirement)''.

SEC. 332. PILOT PROJECT ON MEDICAL CARE OUTREACH FOR VETERANS IN STATE 
              OF WASHINGTON THROUGH OUTREACH CLINICS.

    (a) Pilot Project.--The Secretary of Veterans Affairs shall, during 
fiscal years 2003 and 2004, carry out a pilot project to assess the 
feasibility and advisability of providing outreach on health care and 
services for veterans in the State of Washington through outreach 
clinics.
    (b) Commencement.--The Secretary shall commence the pilot project 
not later than 90 days after the date of the enactment of this Act.
    (c) Locations.--The Secretary shall carry out the pilot project at 
two clinics in the State of Washington selected by the Secretary for 
purposes of the pilot project, of which--
            (1) one clinic shall be located in Whatcom County, 
        Washington; and
            (2) one clinic shall be located in north central 
        Washington, in or near Leavenworth, Washington.
    (d) Services.--(1) At each clinic selected for the pilot project, 
the Secretary shall provide basic health care services (as determined 
by the Secretary for purposes of the pilot project) to veterans, 
including diagnosis and referral to other health care facilities of the 
Department of Veterans Affairs as appropriate.
    (2) The Secretary shall provide services at each clinic selected 
for the pilot project not less frequently than one day each week.
    (e) Report.--Not later than June 1, 2004, the Secretary shall 
submit to the Committees on Veterans' Affairs of the Senate and the 
House of Representatives a report on the pilot project. The report 
shall include--
            (1) a description of the pilot project, including for each 
        clinic selected for the pilot project the personnel utilized, 
        the patient workload, and the costs; and
            (2) a recommendation for such modifications or expansion of 
        the pilot project as the Secretary considers appropriate in 
        light of the pilot project.
            Amend the title to read as follows: ``A Bill to amend title 
        38, United States Code, to enhance long-term care and mental 
        health programs for veterans, to authorize major medical 
        facility construction, projects, to modify and extend other 
        authorities regarding health care for veterans, and for other 
        purposes.''.




                                                       Calendar No. 536

107th CONGRESS

  2d Session

                                S. 2043

                          [Report No. 107-231]

_______________________________________________________________________

                                 A BILL

  To amend title 38, United States Code, to extend by five years the 
   period for the provision by the Secretary of Veterans Affairs of 
noninstitutional extended care services and required nursing home care, 
                        and for other purposes.

_______________________________________________________________________

                             August 1, 2002

        Reported with an amendment and an amendment to the title