[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.
____________________