[Congressional Record Volume 141, Number 156 (Tuesday, October 10, 1995)]
[House]
[Pages H9759-H9761]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXEMPTING CERTAIN FULL-TIME HEALTH CARE PROFESSIONALS OF THE DEPARTMENT 
     OF VETERANS AFFAIRS FROM RESTRICTIONS ON REMUNERATED OUTSIDE 
                        PROFESSIONAL ACTIVITIES

  Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1384), to amend title 38, United States Code, to exempt certain 
full-time health care professionals of the Department of Veterans 
Affairs from restrictions on remunerated outside professional 
activities, as amended.
  The Clerk read as follows:

                               H.R. 1384

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

     SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PERSONNEL 
                   ADMINISTRATION.

       (a) Exemption of Certain Health-Care Professionals From 
     Restrictions on Remunerated Outside Professional 
     Activities.--Section 7423 of title 38, United States Code, is 
     amended--
       (1) in subsection (b), by striking out paragraph (1) and 
     redesignating paragraphs (2), (3), (4), (5), and (6) as 
     paragraphs (1), (2), (3), (4), and (5), respectively;
       (2) by redesignating subsections (c), (d), (e), and (f) as 
     subsections (d), (e), (f), and (g), respectively; and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c)(1) An employee of the Veterans Health Administration 
     who is covered by subsection (a) (other than a registered 
     nurse, a physician's assistant, or an expanded-duty dental 
     auxiliary) may not assume responsibility for the medical care 
     of any patient other than a patient admitted for treatment at 
     a Department facility.
       ``(2) The limitation in paragraph (1) shall not apply in a 
     case in which the employee, upon request and with the 
     approval of the Under Secretary for Health, assumes such 
     responsibilities to assist communities or medical practice 
     groups to meet medical needs which would not otherwise be 
     available. The approval of the Under Secretary may not be for 
     a period in excess of 180 days, which may be extended by the 
     Under Secretary for additional periods of not to exceed 180 
     days.''.
       (b) Cross Reference Amendments.--Subsection (d) of such 
     section, as redesignated by subsection (a)(2), is amended--
       (1) in the matter preceding paragraph (1), by striking out 
     ``subsection (b)(6)'' and inserting in lieu thereof 
     ``subsection (b)(5)''; and
       (2) in paragraph (2), by striking out ``paragraph (1)(B)'' 
     and inserting in lieu thereof ``section 7421(b) of this 
     title''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona [Mr. Stump] and the gentleman from Mississippi [Mr. Montgomery] 
each will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Arizona [Mr. Stump].


                             general leave

  Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 1384.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Mr. Speaker, H.R. 1384 would exempt VA professional 
nurses, physicians' assistants, and expanded-duty dental auxiliaries 
from restrictions regarding outside professional activities for 
remuneration.
  Mr. Speaker, the CBO has stated H.R. 1384 would have no significant 
impact on the Federal budget. I would like to express my appreciation 
to the gentleman from Mississippi, Sonny Montgomery, ranking member of 
the full committee, the gentleman from Arizona, Tim Hutchinson, 
chairman of the Subcommittee on Hospitals and Health Care, as well as 
the gentleman from Texas, Chet Edwards, who is the ranking member of 
the subcommittee, for their support of the bill.
  Mr. Speaker, in addition to thanking the gentleman from Mississippi 
[Mr. Montgomery] for his work on this bill, I would like to be one of 
the first Members on this floor today to say how much I regret his 
decision to retire from the House at the end of this term. The 
gentleman from Mississippi has been a great friend for many years, and 
we have worked on many issues over those years. I just want him to know 
that I will miss both his friendship and his counsel. There will, of 
course, be many occasions over the next 14 months to more properly 
express our appreciation for his outstanding service in this House, but 
I would like him to know that I both regret his decision, but also wish 
him the very best in his future endeavors.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Arkansas [Mr. Hutchinson], chairman of the Subcommittee on 
Hospitals and 

[[Page H 9760]]
Health Care of the Committee on Veterans' Affairs.
  Mr. HUTCHINSON. Mr. Speaker, I thank the gentleman for yielding time 
to me.
  Mr. Speaker, I want to be the second person to publicly express my 
sadness at the decision of the ranking member, the gentleman from 
Mississippi, Sonny Montgomery, longtime chairman of the Committee on 
Veterans' Affairs, not to seek reelection. There surely will be no 
Member more missed around this place than Sonny Montgomery, a great 
champion of veterans and a great patriot.
  Mr. Speaker, I strongly support H.R. 1384. I commend the chairman, 
the gentleman from Arizona [Mr. Stump], for bringing this bill to the 
floor this morning. I also want to thank the ranking member on our 
subcommittee, the gentleman from Texas [Mr. Edwards], for his 
assistance.
  Mr. Speaker, I support this legislation which I introduced to exempt 
certain VA health care professionals from restrictions on remunerated 
outside professional activities, and urge its immediate passage.
  Mr. Speaker, this legislation would lift the moonlighting ban on 
professional registered nurses, physicians' assistants, and dental 
auxiliaries. This outdated law, enacted in 1946, nearly 50 years ago, 
was written at a time when nurses were expected to be on call 24 hours 
a day. The role of nurses has changed from one of physician's 
handmaiden to that of independent practitioner, necessitating a changed 
work schedule for nurses by removal of the expectation of 24-hour-a-day 
availability.
  Additionally, physicians' assistants and dental auxiliaries work at a 
set schedule and are not required to be available 24 hours a day. The 
law maintains the restrictions on VA health care professionals, such as 
physicians, who continue to be on call 24 hours a day, 7 days a week. 
Additionally, Mr. Speaker, the pay structure for nurses has changed 
through the years. No longer are nurses paid with the expectation of 
nonstop availability for duty. Instead, they are compensated at an 
hourly rate with a possibility of overtime pay. Thus, nurse staffing 
problems caused by moonlighting have become virtually nonexistent.
  Economic realities are the driving force behind the need to find 
outside employment. Quite simply, many families need to moonlight in 
order to make ends meet, and will make an employment decision based on 
the ability to work two jobs. The removal of this ban can only help in 
the recruitment and retention of qualified personnel.
  Mr. Speaker, this legislation is strongly supported by the 
Department, professional organizations representing the affected 
groups, and the Committee on Veterans' Affairs, Both the Subcommittee 
on Hospitals and Health Care, of which I am the chairman, and the full 
committee unanimously reported out this measure. Once again, I am in 
strong support of this legislation and urge its immediate passage.
  Mr. MONTGOMERY. Mr. Speaker, I yield myself such times as I may 
consume.
  Mr. Speaker, I want to thank the gentleman from Arizona [Mr. Stump], 
chairman of the Committee on Veterans' Affairs. We work well together. 
I was chairman for 13 years, and now Bob is the chairman, and we will 
continue to work together. I appreciate what the gentleman has said. 
There comes a time that you have to move on. I think this is my time.
  To the gentleman from Arizona, Tim Hutchinson, the chairman of the 
subcommittee, I thank him and I offer him congratulations. He has 
handled this big subcommittee very, very well. It is very important to 
veterans to have health care and medical care, and this is part of the 
bills we have up today to help those veterans.
  Incidentially, Mr. Speaker, I think this is a proper time today to 
point out that tomorrow at 9 o'clock, World War II veterans will be 
honored in this Chamber at a joint committee of both the House and the 
Senate. I would certainly encourage the Members to be here, and the 
gentleman from Arizona [Mr. Stump], and I had the privilege of leading 
House delegations both to Europe and to Honolulu, to Pearl Harbor, to 
celebrate the 50th anniversary of the ending of World War II, but we 
think it will be a nice celebration, and I hope that the Members would 
attend.
  Mr. Speaker, I rise in support of H.R. 1384, as amended. This bill 
would lift the current ban on outside work by full-time VA nurses and 
certain other employees. The rule abandoning outside work was intended 
to help VA hospitals meet their staffing needs. Today that ban is too 
broad, so the old rule is not only unnecessary, it is unfair. I urge 
Members to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield 3 minutes to the gentleman from 
Wisconsin [Mr. Sensenbrenner].
  Mr. SENSENBRENNER. Mr. Speaker, I would like to thank the gentleman 
from Arizona [Mr. Stump] and the gentleman from Arkansas [Mr. 
Hutchinson] for expediting this bill, as well as to also pay tribute to 
the distinguished service that the gentleman from Mississippi [Mr. 
Montgomery] has given to the people of the United States, as well as to 
the veterans of this country.
  Mr. Speaker, when the Veterans' Administration's Department of 
Medicine and Surgery was created in 1946, there was a drastic need for 
health care professionals to provide care for our Nation's wounded 
World War II veterans. At that time, it was necessary to place 
restrictions on the outside employment for certain Veterans' 
Administration health care personnel in order to provide adequate care 
for our country's wounded heroes. However, outside employment no longer 
interferes with current Veterans' Administration health care staffing 
needs, and the moonlighting restrictions are no longer necessary to 
maintain adequate patient care. In addition, these restrictions have 
caused unnecessary burdens on the Veterans' Administration's ability to 
hire and retain quality health care professionals.
  I first became aware of the need for this legislation at one of my 
many townhall meetings when Mrs. Mary Flaherty, a registered nurse at 
the Zablocki Veterans' Administration Health Center in Milwaukee, 
pointed out the adverse economic impact this restriction had on her and 
the 311 other full-time registered nurses at the Zablocki Center. H.R. 
1384 amends title 38 of the United States Code to exempt professional 
nurses, physicians assistants, and expanded duty dental auxiliaries 
employed by the Veterans' Administration from restrictions on outside 
employment. H.R. 1384 removes current restrictions that limit the 
earning ability of thousands of Veterans' Administration employees by 
allowing them to seek supplemental employment without giving up their 
full-time employment with the Veterans' Administration.
  Mr. Speaker, it is refreshing when Congress acts swiftly to negate 
outdated and burdensome laws and regulations that affect hard-working 
taxpayers' ability to provide for their families.
  Mr. Speaker, I hope this bill is speedily enacted into law.
  Mr. MONTGOMERY. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Texas [Mr. Edwards], a ranking member on the 
Subcommittee on Hospitals and Health Care of the Committee on Veterans' 
Affairs.
  Mr. EDWARDS. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, there are not going to be any press people in the 
gallery this afternoon watching the discussion on this bill. There will 
not be any headlines in tomorrow's newspapers around the country.
  This bill will not be on the evening news broadcast nationally this 
evening because there is no conflict on it, because the Congress has 
done its business the way it should do its business, on a bipartisan 
basis, putting the interest of medical care for veterans first, as it 
should be the priority of this House when we deal with veterans' 
legislation.
  Mr. Speaker, I want to commend the gentleman from Arizona [Mr. 
Stump], the chairman of the committee, and the gentleman from Arkansas 
[Mr. Hutchinson], for their leadership on this bill. I want to commend 
the gentleman from Mississippi [Mr. Montgomery], along with the 
gentleman from Arkansas [Mr. Hutchinson], for continuing not only their 
commitment to veterans, but their efforts to see that the House on 
veterans' issues does its business as it should on a nonpartisan basis.

[[Page H 9761]]


                              {time}  1515

  The end result of this legislation is going to be to improve the 
quality of health care for hundreds of thousands of veterans all across 
America. It will help our VA hospitals and medical centers retain the 
finest quality in nurses and physician assistants and dental 
hygienists. This is significant legislation, because it will 
significantly help those Americans who have been willing to put their 
lives on the line for our country.
  So while there is no great conflict, there will be no headlines in 
the newspapers, I want to thank the gentleman from Arizona and the 
gentleman from Arkansas and the gentleman from Mississippi for carrying 
on the business of Congress in such an efficient and professional 
manner.
  Mr. Speaker, I must add a personal editorial note, that it is a shame 
that the American people do not see the Congress operating as it has 
operated on this legislation, in a very positive way, a very amicable 
way, a very nonpartisan way. If the American people were to see 
Congress working on this as the leaders have worked on both sides of 
the aisle on this legislation, I think perhaps people would have 
a better and fairer sense of the way Congress operates on much of our 
business.

  So this legislation is good legislation. It is going to help our 
Nation's veterans, and I want to urge passage of it today.
  Mr. Speaker, let me finalize my comments by saying I would be remiss 
if I were not to pay tribute to the gentleman from Mississippi [Mr. 
Montgomery]. I came here as a young man straight out of Texas A&M 
University in 1974 to work for the then chairman of the Veterans' 
Affairs Committee, Olin E. ``Tiger'' Teague, a gentleman that was known 
at the time as Mr. Veteran of the Congress. Mr. Teague told me about 
another gentleman who at the time was taking a real leadership position 
for our veterans, and particularly fighting for the interests of our 
POW's and MIA's. He told me that Mr. Montgomery would be known as the 
next Mr. Veteran of the U.S. Congress, and that is in fact what has 
happened for so many years of great and unselfish service.
  Mr. Speaker, I do not know of any Member of Congress who has served 
with greater distinction, with greater class, with greater humility, 
with greater kindness, or greater commitment, genuine commitment, to 
helping those men and women who are willing to fight for our country. 
This is the first piece of legislation that Mr. Montgomery has helped 
bring to the floor since his announcement that he is going to retire.
  Mr. Speaker, I simply want to say on behalf of all of my colleagues 
in Congress and all of the veterans of America that we will miss 
dearly, we will miss greatly, the gentleman from Mississippi who has 
set a standard of gentlemanness, a standard of professionalism that we 
younger Members of Congress for many years to come would be well 
advised to follow. If we were to do so, and this Congress were to act 
in its business always as Mr. Montgomery has always acted on his 
congressional business, the institution of Congress would be held in 
high esteem by all Americans.
  So to the general from Mississippi, to the gentleman from 
Mississippi, I say it is an honor to serve with the gentleman. This is 
not a goodbye today because we are fortunate to have the services of 
the gentleman for many months to come until the next election, but 
thank you for your leadership.
  I thank the gentleman from Arizona [Mr. Stump] and the gentleman from 
Arkansas [Mr. Hutchinson] for their fine work on this piece of 
legislation.
  Mr. MONTGOMERY. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to thank the gentleman from Texas [Mr. Edwards]. 
I first met the gentleman many years ago, the gentleman from Waco, and 
we met those great World War II Texas Division people that were in 
Italy and fought so well. The gentleman from Texas [Mr. Edwards] has a 
wonderful veterans district with several hospitals there, and I 
appreciate the kind words he said. I still will be around for 14 
months, I hope.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Texas [Mr. de la Garza].
  Mr. de la GARZA. Mr. Speaker, I thank the gentleman for yielding time 
to me.
  Mr. Speaker, I echo the words of my colleague from Texas, Mr. 
Edwards, not only on this bill, but in relation to our good friend, 
General Montgomery. I rise in support of the legislation and I commend 
both sides for what they have done for the veterans.
  Let me say that General Montgomery and I came here at the same time, 
and for us, from Texas, it was certainly an easy transition from Olin 
``Tiger'' Teague who was Mr. Veteran to Mr. Veteran General Montgomery.
  I take great pride in mentioning the Montgomery bill of rights. 
Recently when both gentlemen, the gentleman from Arizona [Mr. Stump] 
and the gentleman from Mississippi [Mr. Montgomery] were in Hawaii for 
the commemoration of the 50th anniversary of the end of World War II, 
and I was privileged to accompany them, I told one of the young men who 
was about to be made sergeant the next day and he was already talking 
about when he might return home, and I said, ``Well, you can get an 
education'', and he says, ``Oh, yes, the Montgomery bill of rights.'' 
And I pointed to the gentleman from Mississippi, and I said, ``That is 
the Montgomery bill of rights right there.'' And with great awe and 
admiration he rushed over to thank Mr. Montgomery, and that is his 
legacy.
  Mr. Speaker, I know later we will have other comments, but in 
association with what we do today, the gentleman from Mississippi will 
have left a legacy as a friend of the veteran, and all of us who are 
veterans thank him.
  This legislation is good. We still have a long ways to go in regards 
to taking care of the problems of veterans, but I feel very comfortable 
with the two gentlemen managing the bill here that we will address 
those issues, and I thank the gentleman for yielding to me.
  Mr. MONTGOMERY. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want also to thank the gentleman from Texas for his 
very kind remarks. I enjoyed very much having his wife and himself on 
our trip. He is a World War II veteran.
  To the gentleman from Texas [Mr. de la Garza], there is a seat right 
there in front for you tomorrow and I hope you will be right there. Mr. 
de la Garza was in two services, I believe. He was in the Army and also 
in the Navy, and that is rather unusual. So I thank the gentleman again 
for his kindness.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to thank both the gentlemen from Texas for 
their remarks about this bill, and I would especially like to thank Mr. 
Edwards for his kind remarks about the operation of his committee and 
mine, and I want the gentleman to know that he is one of the reasons 
why we operate in a bipartisan manner.
  Mr. Speaker, I have no further requests for time and I yield back the 
balance of my time.
  Mr. MONTGOMERY. Mr. Speaker, I have no further requests for time and 
I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Everett). The question is on the motion 
offered by the gentleman from Arizona [Mr. Stump] that the House 
suspend the rules and pass the bill, H.R. 1384, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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