[Congressional Record Volume 147, Number 142 (Tuesday, October 23, 2001)]
[House]
[Pages H7143-H7147]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISABLED VETERANS SERVICE DOG AND HEALTH CARE IMPROVEMENT ACT OF 2001
Mr. MORAN of Kansas. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 2792) 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, as amended.
The Clerk read as follows:
H.R. 2792
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 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--
[[Page H7144]]
(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 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
[[Page H7145]]
(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 provide 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
[[Page H7146]]
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.
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kansas (Mr. Moran) and the gentleman from Illinois (Mr. Evans) each
will control 20 minutes.
The Chair recognizes the gentleman from Kansas (Mr. Moran).
Mr. MORAN of Kansas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, on August 2 of this year, I introduced along with the
gentleman from New Jersey (Mr. Smith) and the gentleman from
Connecticut (Mr. Simmons) the Disabled Veterans Service Dog and Health
Care Improvement Act of 2001. Numerous provisions in this bill will
help disabled veterans become more self-sufficient in their daily
activities and make other numerous improvements to the VA health care
system.
Mr. Speaker, in light of today's world events and in light of the
activities that occurred on September 11, I am reminded of the
testimony of one of the witnesses before our committee in which she
quoted the first President of the United States, General George
Washington:
``The willingness of future generations to serve in our military will
be directly dependent upon how we have treated those who have served it
in the past.''
And so today with the world events unfolding and with our service men
and women facing harm and danger, I rise to support legislation that
will make improvements on the health care delivery system for those men
and women of our country who have served our Nation and its military in
the past.
I regret that the chairman of our committee, the gentleman from New
Jersey (Mr. Smith), could not be with us this afternoon. He is on his
way returning from his district. He has been delayed in transit. He
represents an area of New Jersey that includes Trenton, an area that
has recently seen postal workers exposed to anthrax and he has been in
his district this weekend and today trying to ensure that the response
of the Federal Government is appropriate and coordinated with the State
and local responses, and so I tip my hat to the gentleman from New
Jersey and regret his absence but commend him for his diligence in
taking care of his constituents in these very uncertain times.
Mr. Speaker, the measure, H.R. 2792, would accomplish the following
improvements in regard to health care delivery for our Nation's
veterans. First of all, as the title indicates, it provides service
dogs to enrolled veterans who need these dogs because of mobility,
hearing loss or other problems susceptible to improvement with a
service dog. This bill also strengthens the capacity in that it
mandates the VA to maintain capacity in specialized medical programs
for the most seriously disabled veterans in each VA network, and, in
part because of this provision, has received the strong endorsement of
the Paralyzed Veterans of America. This capacity issue deals with care
for serious mental illness, spinal cord injury and dysfunction, blind
rehabilitation and veterans suffering from traumatic brain injuries.
This bill also provides an opportunity to modify the VA's means test,
the system of determining nonservice connected veterans' ability to pay
for VA health care services, by producing a fairer means test for
veterans across the country. This bill requires the Secretary of the
Department to assess special telephone services made available to
veterans such as help lines and hotlines and report to Congress. I
would like to thank my friend and colleague the gentlewoman from
California (Mrs. Capps) for providing us with the necessary input to
include this kind of provision. We hope to work with the gentlewoman
from California throughout the remainder of the year and into the
future as the results of this study become known.
This legislation directs implementation, Mr. Speaker, of the
Chiropractic Service Program that was mandated by this Congress in 1999
in the Millennium Health Care Act, and provides that the chiropractic
provisions be implemented nationwide over a 5-year period. Veterans
would have direct access to chiropractic care. The role of a
chiropractor in the VA would be as a first entry provider, limited to
diagnosis and treatment of problems of the lower spine, in consonance
with State laws governing the practice of chiropractic. Other problems
of diagnosis and treatment encountered by VA chiropractors would be
referred to specialists within the VA. I am pleased to be a sponsor of
this long overdue measure that affords chiropractic care to America's
veterans.
[[Page H7147]]
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I would like to take this opportunity to commend the full committee
ranking member, the gentleman from Illinois (Mr. Evans), and the
ranking member of the Subcommittee on Health, the gentleman from
California (Mr. Filner), for their legislative efforts in regard to
this issue.
This issue is before us after several years of hard work and failure
of the VA to make any progress following the passage of the Millennium
Health Care Act of 1999.
This bill also recognizes the need to sustain a dependable source of
nursing staff for our VA health care system. It establishes an
independent National Commission on VA Nursing to report to Congress its
recommendations to ensure that the veterans health care programs have a
sufficient supply of professional nurses in the future.
Finally, the bill requires a study of an emergency response
communications system for service-disabled veterans. The study is to
determine the feasibility of providing enrolled, service-connected
veterans emergency notification capacity that connects them with the
global positioning system. I look forward to the results of receiving
this study.
Mr. Speaker, H.R. 2792, the Disabled Veterans Service Dog and Health
Care Improvement Act of 2001, makes important improvements in veterans
health care, and I hope my colleagues will join me in supporting this
legislation.
I again thank the gentleman from New Jersey (Chairman Smith); the
ranking member, the gentleman from Illinois (Mr. Evans); and the
ranking member of the Subcommittee on Health, the gentleman from
California (Mr. Filner), for their work and efforts in making changes
to this bill and bringing it to this point on the House floor today for
final passage.
Mr. Speaker, I reserve the balance of my time.
Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I also want to thank the chairman of the full committee,
the gentleman from New Jersey (Mr. Smith), and the ranking member and
chairman of the Subcommittee on Health. They have put together an
important measure which will help veterans of our country, and is thus
deserving the support of every Member of this House.
As reported, H.R. 2797 authorizes the provision of service dogs to
eligible veterans. Today, service dogs provide invaluable assistance to
many blind veterans. This measure will authorize similar assistance to
mobility- and hearing-impaired veterans. These veterans can be well
served by these highly trained animals.
As the erosion of programs for disabled veterans occurs, particularly
the mentally ill, the concerns of Congress have proven prophetic. This
reporting requirement is an important tool for Congress to assess the
delivery of care needed by veterans and to hold VA accountable for its
decisions.
The measure also authorizes a nursing commission that will review
current and future challenges to the nursing profession in the VA. I am
hopeful that this independent body will provide sound advice to the VA
and to the nursing profession in general and consider appropriate ways
to encourage members of our nursing profession to seek and maintain
employment in the VA.
Mr. Speaker, the gentleman from Kansas (Chairman Moran); the ranking
member, the gentleman from California (Mr. Filner); and others on the
subcommittee strongly urge our colleagues to support this legislation.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. MORAN of Kansas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I again thank my colleague from Illinois for his efforts
today and appreciate his remarks. I remind my colleagues that a week
ago we were also on this House floor adopting legislation dealing with
the homeless issue and our veterans. Again the leadership of the
gentleman from New Jersey (Chairman Smith) and the gentleman from
Illinois (Mr. Evans) brought that bill to the floor. So, for a second
effort today, we are attempting to make full our commitment to our
nation's servicemen and women as they have retired and become veterans.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 2792,
the Disabled Veterans Service Dog and Health Care Improvement Act of
2001. I urge my colleagues to lend their support to this important
measure.
H.R. 2792 authorizes the provision of service dogs to any veteran
with an ailment where improvement in overall condition or enhancement
in daily activity can be reached through the use of such an animal.
These impairments include, but are not limited to, spinal cord
injuries, other injuries that cause physical immobility and hearing
loss. Veterans must be enrolled in VA Care in order to receive a dog,
and all dogs will be provided in line with existing enrollment
priorities for each VISN.
The legislation also strengthens the mandate for VA to maintain its
capacity for specialized medical care by requiring that each VISN
operate a proportional share of the national capacity for specialized
care, including mental health, substance abuse, spinal cord and brain
injury, and prosthetic care.
H.R. 2792 further directs the Secretary of Veterans Affairs to review
the existing phone system for veterans, including all existing hot
lines and help lines to ensure that VA resources in this area are being
utilized effectively and efficiently.
The bill also creates a new chiropractic services program within the
VA, at thirty separate medical centers. The plan is to have this new
program operating nationwide within five years.
Finally, this bill establishes a national commission on VA nursing
for the purpose of improving recruitment and retention of nurses within
the VA Health Care System.
Mr. Speaker, this legislation provides several much needed
improvements to the system that delivers medical care to the veterans
of our Armed Forces. The VA health care system offers some of the
finest specialist care in the world, particularly for those veterans
with spinal cord injuries and those requiring prosthetic devices. VA
research in these fields is a cutting edge and second to none. I am
pleased that this legislation offers additional options to these
specialty care veterans to facilitate their day-to-day living.
Moreover, the VA nursing staffing issue has reached acute
proportions. This bill seeks to create an institutional response to
this staffing shortage which attempts to offer a long-term solution to
this critical problem.
For these reasons Mr. Speaker, I urge my colleagues to lend their
wholehearted support to this important legislation.
Mr. MORAN of Kansas. Mr. Speaker, I yield back the balance of my
time.
General Leave
Mr. MORAN of Kansas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 2792, as amended.
The SPEAKER pro tempore (Mr. Hansen). Is there objection to the
request of the gentleman from Kansas?
There was no objection.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kansas (Mr. Moran) that the House suspend the rules and
pass the bill, H.R. 2792, 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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