[111th Congress Public Law 163]
[From the U.S. Government Printing Office]
[[Page 1129]]
CAREGIVERS AND VETERANS OMNIBUS HEALTH SERVICES ACT OF 2010
[[Page 124 STAT. 1130]]
Public Law 111-163
111th Congress
An Act
To amend title 38, United States Code, to provide assistance to
caregivers of veterans, to improve the provision of health care to
veterans, and for other purposes. <<NOTE: May 5, 2010 - [S. 1963]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Caregivers and
Veterans Omnibus Health Services Act of 2010.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This Act may be cited
as the ``Caregivers and Veterans Omnibus Health Services Act of 2010''.
(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--CAREGIVER SUPPORT
Sec. 101. Assistance and support services for caregivers.
Sec. 102. Medical care for family caregivers.
Sec. 103. Counseling and mental health services for caregivers.
Sec. 104. Lodging and subsistence for attendants.
TITLE II--WOMEN VETERANS HEALTH CARE MATTERS
Sec. 201. Study of barriers for women veterans to health care from the
Department of Veterans Affairs.
Sec. 202. Training and certification for mental health care providers of
the Department of Veterans Affairs on care for veterans
suffering from sexual trauma and post-traumatic stress
disorder.
Sec. 203. Pilot program on counseling in retreat settings for women
veterans newly separated from service in the Armed Forces.
Sec. 204. Service on certain advisory committees of women recently
separated from service in the Armed Forces.
Sec. 205. Pilot program on assistance for child care for certain
veterans receiving health care.
Sec. 206. Care for newborn children of women veterans receiving
maternity care.
TITLE III--RURAL HEALTH IMPROVEMENTS
Sec. 301. Improvements to the Education Debt Reduction Program.
Sec. 302. Visual impairment and orientation and mobility professionals
education assistance program.
Sec. 303. Demonstration projects on alternatives for expanding care for
veterans in rural areas.
Sec. 304. Program on readjustment and mental health care services for
veterans who served in Operation Enduring Freedom and
Operation Iraqi Freedom.
Sec. 305. Travel reimbursement for veterans receiving treatment at
facilities of the Department of Veterans Affairs.
Sec. 306. Pilot program on incentives for physicians who assume
inpatient responsibilities at community hospitals in health
professional shortage areas.
Sec. 307. Grants for veterans service organizations for transportation
of highly rural veterans.
Sec. 308. Modification of eligibility for participation in pilot program
of enhanced contract care authority for health care needs of
certain veterans.
[[Page 124 STAT. 1131]]
TITLE IV--MENTAL HEALTH CARE MATTERS
Sec. 401. Eligibility of members of the Armed Forces who serve in
Operation Enduring Freedom or Operation Iraqi Freedom for
counseling and services through Readjustment Counseling
Service.
Sec. 402. Restoration of authority of Readjustment Counseling Service to
provide referral and other assistance upon request to former
members of the Armed Forces not authorized counseling.
Sec. 403. Study on suicides among veterans.
TITLE V--OTHER HEALTH CARE MATTERS
Sec. 501. Repeal of certain annual reporting requirements.
Sec. 502. Submittal date of annual report on Gulf War research.
Sec. 503. Payment for care furnished to CHAMPVA beneficiaries.
Sec. 504. Disclosure of patient treatment information from medical
records of patients lacking decisionmaking capacity.
Sec. 505. Enhancement of quality management.
Sec. 506. Pilot program on use of community-based organizations and
local and State government entities to ensure that veterans
receive care and benefits for which they are eligible.
Sec. 507. Specialized residential care and rehabilitation for certain
veterans.
Sec. 508. Expanded study on the health impact of Project Shipboard
Hazard and Defense.
Sec. 509. Use of non-Department facilities for rehabilitation of
individuals with traumatic brain injury.
Sec. 510. Pilot program on provision of dental insurance plans to
veterans and survivors and dependents of veterans.
Sec. 511. Prohibition on collection of copayments from veterans who are
catastrophically disabled.
Sec. 512. Higher priority status for certain veterans who are medal of
honor recipients.
Sec. 513. Hospital care, medical services, and nursing home care for
certain Vietnam-era veterans exposed to herbicide and
veterans of the Persian Gulf War.
Sec. 514. Establishment of Director of Physician Assistant Services in
Veterans Health Administration.
Sec. 515. Committee on Care of Veterans with Traumatic Brain Injury.
Sec. 516. Increase in amount available to disabled veterans for
improvements and structural alterations furnished as part of
home health services.
Sec. 517. Extension of statutorily defined copayments for certain
veterans for hospital care and nursing home care.
Sec. 518. Extension of authority to recover cost of certain care and
services from disabled veterans with health-plan contracts.
TITLE VI--DEPARTMENT PERSONNEL MATTERS
Sec. 601. Enhancement of authorities for retention of medical
professionals.
Sec. 602. Limitations on overtime duty, weekend duty, and alternative
work schedules for nurses.
Sec. 603. Reauthorization of health professionals educational assistance
scholarship program.
Sec. 604. Loan repayment program for clinical researchers from
disadvantaged backgrounds.
TITLE VII--HOMELESS VETERANS MATTERS
Sec. 701. Per diem grant payments to nonconforming entities.
TITLE VIII--NONPROFIT RESEARCH AND EDUCATION CORPORATIONS
Sec. 801. General authorities on establishment of corporations.
Sec. 802. Clarification of purposes of corporations.
Sec. 803. Modification of requirements for boards of directors of
corporations.
Sec. 804. Clarification of powers of corporations.
Sec. 805. Redesignation of section 7364A of title 38, United States
Code.
Sec. 806. Improved accountability and oversight of corporations.
TITLE IX--CONSTRUCTION AND NAMING MATTERS
Sec. 901. Authorization of medical facility projects.
Sec. 902. Designation of Merril Lundman Department of Veterans Affairs
Outpatient Clinic, Havre, Montana.
Sec. 903. Designation of William C. Tallent Department of Veterans
Affairs Outpatient Clinic, Knoxville, Tennessee.
Sec. 904. Designation of Max J. Beilke Department of Veterans Affairs
Outpatient Clinic, Alexandria, Minnesota.
[[Page 124 STAT. 1132]]
TITLE X--OTHER MATTERS
Sec. 1001. Expansion of authority for Department of Veterans Affairs
police officers.
Sec. 1002. Uniform allowance for Department of Veterans Affairs police
officers.
Sec. 1003. Submission of reports to Congress by Secretary of Veterans
Affairs in electronic form.
Sec. 1004. Determination of budgetary effects for purposes of compliance
with Statutory Pay-As-You-Go Act of 2010.
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--CAREGIVER SUPPORT
SEC. 101. ASSISTANCE AND SUPPORT SERVICES FOR CAREGIVERS.
(a) Assistance and Support Services.--
(1) In general.--Subchapter II of chapter 17 is amended by
adding at the end the following new section:
``Sec. 1720G. Assistance and support services for caregivers
``(a) Program of Comprehensive Assistance for Family Caregivers.--
(1)(A) The Secretary shall establish a program of comprehensive
assistance for family caregivers of eligible veterans.
``(B) <<NOTE: Determination.>> The Secretary shall only provide
support under the program required by subparagraph (A) to a family
caregiver of an eligible veteran if the Secretary determines it is in
the best interest of the eligible veteran to do so.
``(2) For purposes of this subsection, an eligible veteran is any
individual who--
``(A) is a veteran or member of the Armed Forces undergoing
medical discharge from the Armed Forces;
``(B) has a serious injury (including traumatic brain
injury, psychological trauma, or other mental disorder) incurred
or aggravated in the line of duty in the active military, naval,
or air service on or after September 11, 2001; and
``(C) is in need of personal care services because of--
``(i) an inability to perform one or more activities
of daily living;
``(ii) a need for supervision or protection based on
symptoms or residuals of neurological or other
impairment or injury; or
``(iii) such other matters as the Secretary
considers appropriate.
``(3)(A) As part of the program required by paragraph (1), the
Secretary shall provide to family caregivers of eligible veterans the
following assistance:
``(i) To each family caregiver who is approved as a provider
of personal care services for an eligible veteran under
paragraph (6)--
``(I) such instruction, preparation, and training as
the Secretary considers appropriate for the family
caregiver to provide personal care services to the
eligible veteran;
``(II) ongoing technical support consisting of
information and assistance to address, in a timely
manner, the
[[Page 124 STAT. 1133]]
routine, emergency, and specialized caregiving needs of
the family caregiver in providing personal care services
to the eligible veteran;
``(III) counseling; and
``(IV) lodging and subsistence under section 111(e)
of this title.
``(ii) To each family caregiver who is designated as the
primary provider of personal care services for an eligible
veteran under paragraph (7)--
``(I) the assistance described in clause (i);
``(II) such mental health services as the Secretary
determines appropriate;
``(III) respite care of not less than 30 days
annually, including 24-hour per day care of the veteran
commensurate with the care provided by the family
caregiver to permit extended respite;
``(IV) medical care under section 1781 of this
title; and
``(V) a monthly personal caregiver stipend.
``(B) Respite care provided under subparagraph (A)(ii)(III) shall be
medically and age-appropriate and include in-home care.
``(C)(i) <<NOTE: Determinations.>> The amount of the monthly
personal caregiver stipend provided under subparagraph (A)(ii)(V) shall
be determined in accordance with a schedule established by the Secretary
that specifies stipends based upon the amount and degree of personal
care services provided.
``(ii) The Secretary shall ensure, to the extent practicable, that
the schedule required by clause (i) specifies that the amount of the
monthly personal caregiver stipend provided to a primary provider of
personal care services for the provision of personal care services to an
eligible veteran is not less than the monthly amount a commercial home
health care entity would pay an individual in the geographic area of the
eligible veteran to provide equivalent personal care services to the
eligible veteran.
``(iii) If personal care services are not available from a
commercial home health entity in the geographic area of an eligible
veteran, the amount of the monthly personal caregiver stipend payable
under the schedule required by clause (i) with respect to the eligible
veteran shall be determined by taking into consideration the costs of
commercial providers of personal care services in providing personal
care services in geographic areas other than the geographic area of the
eligible veteran with similar costs of living.
``(4) <<NOTE: Application.>> An eligible veteran and a family member
of the eligible veteran seeking to participate in the program required
by paragraph (1) shall jointly submit to the Secretary an application
therefor in such form and in such manner as the Secretary considers
appropriate.
``(5) For each application submitted jointly by an eligible veteran
and family member, the Secretary shall evaluate--
``(A) the eligible veteran--
``(i) to identify the personal care services
required by the eligible veteran; and
``(ii) to determine whether such requirements could
be significantly or substantially satisfied through the
provision of personal care services from a family
member; and
``(B) the family member to determine the amount of
instruction, preparation, and training, if any, the family
member
[[Page 124 STAT. 1134]]
requires to provide the personal care services required by the
eligible veteran--
``(i) as a provider of personal care services for
the eligible veteran; and
``(ii) as the primary provider of personal care
services for the eligible veteran.
``(6)(A) The Secretary shall provide each family member of an
eligible veteran who makes a joint application under paragraph (4) the
instruction, preparation, and training determined to be required by such
family member under paragraph (5)(B).
``(B) Upon the successful completion by a family member of an
eligible veteran of instruction, preparation, and training under
subparagraph (A), the Secretary shall approve the family member as a
provider of personal care services for the eligible veteran.
``(C) <<NOTE: Regulations.>> The Secretary shall, subject to
regulations the Secretary shall prescribe, provide for necessary travel,
lodging, and per diem expenses incurred by a family member of an
eligible veteran in undergoing instruction, preparation, and training
under subparagraph (A).
``(D) <<NOTE: Regulations.>> If the participation of a family member
of an eligible veteran in instruction, preparation, and training under
subparagraph (A) would interfere with the provision of personal care
services to the eligible veteran, the Secretary shall, subject to
regulations as the Secretary shall prescribe and in consultation with
the veteran, provide respite care to the eligible veteran during the
provision of such instruction, preparation, and training to the family
member so that the family member can participate in such instruction,
preparation, and training without interfering with the provision of such
services to the eligible veteran.
``(7)(A) <<NOTE: Designation.>> For each eligible veteran with at
least one family member who is described by subparagraph (B), the
Secretary shall designate one family member of such eligible veteran as
the primary provider of personal care services for such eligible
veteran.
``(B) A primary provider of personal care services designated for an
eligible veteran under subparagraph (A) shall be selected from among
family members of the eligible veteran who--
``(i) are approved under paragraph (6) as a provider of
personal care services for the eligible veteran;
``(ii) <<NOTE: Determination.>> elect to provide the
personal care services to the eligible veteran that the
Secretary determines the eligible veteran requires under
paragraph (5)(A)(i);
``(iii) has the consent of the eligible veteran to be the
primary provider of personal care services for the eligible
veteran; and
``(iv) are considered by the Secretary as competent to be
the primary provider of personal care services for the eligible
veteran.
``(C) <<NOTE: Procedures.>> An eligible veteran receiving personal
care services from a family member designated as the primary provider of
personal care services for the eligible veteran under subparagraph (A)
may, in accordance with procedures the Secretary shall establish for
such purposes, revoke consent with respect to such family member under
subparagraph (B)(iii).
``(D) If a family member designated as the primary provider of
personal care services for an eligible veteran under subparagraph (A)
subsequently fails to meet any requirement set forth in subparagraph
(B), the Secretary--
[[Page 124 STAT. 1135]]
``(i) shall immediately revoke the family member's
designation under subparagraph (A); and
``(ii) may designate, in consultation with the eligible
veteran, a new primary provider of personal care services for
the eligible veteran under such subparagraph.
``(E) The Secretary shall take such actions as may be necessary to
ensure that the revocation of a designation under subparagraph (A) with
respect to an eligible veteran does not interfere with the provision of
personal care services required by the eligible veteran.
``(8) If an eligible veteran lacks the capacity to make a decision
under this subsection, the Secretary may, in accordance with regulations
and policies of the Department regarding appointment of guardians or the
use of powers of attorney, appoint a surrogate for the eligible veteran
who may make decisions and take action under this subsection on behalf
of the eligible veteran.
``(9)(A) The Secretary shall monitor the well-being of each eligible
veteran receiving personal care services under the program required by
paragraph (1).
``(B) The Secretary shall document each finding the Secretary
considers pertinent to the appropriate delivery of personal care
services to an eligible veteran under the program.
``(C) <<NOTE: Procedures.>> The Secretary shall establish procedures
to ensure appropriate follow-up regarding findings described in
subparagraph (B). Such procedures may include the following:
``(i) Visiting an eligible veteran in the eligible veteran's
home to review directly the quality of personal care services
provided to the eligible veteran.
``(ii) Taking such corrective action with respect to the
findings of any review of the quality of personal care services
provided an eligible veteran as the Secretary considers
appropriate, which may include--
``(I) providing additional training to a family
caregiver; and
``(II) suspending or revoking the approval of a
family caregiver under paragraph (6) or the designation
of a family caregiver under paragraph (7).
``(10) The Secretary shall carry out outreach to inform eligible
veterans and family members of eligible veterans of the program required
by paragraph (1) and the benefits of participating in the program.
``(b) Program of General Caregiver Support Services.--(1) The
Secretary shall establish a program of support services for caregivers
of covered veterans who are enrolled in the health care system
established under section 1705(a) of this title (including caregivers
who do not reside with such veterans).
``(2) For purposes of this subsection, a covered veteran is any
individual who needs personal care services because of--
``(A) an inability to perform one or more activities of
daily living;
``(B) a need for supervision or protection based on symptoms
or residuals of neurological or other impairment or injury; or
``(C) such other matters as the Secretary shall specify.
``(3)(A) The support services furnished to caregivers of covered
veterans under the program required by paragraph (1) shall include the
following:
[[Page 124 STAT. 1136]]
``(i) Services regarding the administering of personal care
services, which, subject to subparagraph (B), shall include--
``(I) educational sessions made available both in
person and on an Internet website;
``(II) use of telehealth and other available
technologies; and
``(III) teaching techniques, strategies, and skills
for caring for a disabled veteran;
``(ii) Counseling and other services under section 1782 of
this title.
``(iii) Respite care under section 1720B of this title that
is medically and age appropriate for the veteran (including 24-
hour per day in-home care).
``(iv) Information concerning the supportive services
available to caregivers under this subsection and other public,
private, and nonprofit agencies that offer support to
caregivers.
``(B) <<NOTE: Certification. Time period.>> If the Secretary
certifies to the Committees on Veterans' Affairs of the Senate and the
House of Representatives that funding available for a fiscal year is
insufficient to fund the provision of services specified in one or more
subclauses of subparagraph (A)(i), the Secretary shall not be required
under subparagraph (A) to provide the services so specified in the
certification during the period beginning on the date that is 180 days
after the date the certification is received by the Committees and
ending on the last day of the fiscal year.
``(4) In providing information under paragraph (3)(A)(iv), the
Secretary shall collaborate with the Assistant Secretary for Aging of
the Department of Health and Human Services in order to provide
caregivers access to aging and disability resource centers under the
Administration on Aging of the Department of Health and Human Services.
``(5) In carrying out the program required by paragraph (1), the
Secretary shall conduct outreach to inform covered veterans and
caregivers of covered veterans about the program. The outreach shall
include an emphasis on covered veterans and caregivers of covered
veterans living in rural areas.
``(c) Construction.--(1) A decision by the Secretary under this
section affecting the furnishing of assistance or support shall be
considered a medical determination.
``(2) Nothing in this section shall be construed to create--
``(A) an employment relationship between the Secretary and
an individual in receipt of assistance or support under this
section; or
``(B) any entitlement to any assistance or support provided
under this section.
``(d) Definitions.--In this section:
``(1) The term `caregiver', with respect to an eligible
veteran under subsection (a) or a covered veteran under
subsection (b), means an individual who provides personal care
services to the veteran.
``(2) The term `family caregiver', with respect to an
eligible veteran under subsection (a), means a family member who
is a caregiver of the veteran.
``(3) The term `family member', with respect to an eligible
veteran under subsection (a), means an individual who--
``(A) is a member of the family of the veteran,
including--
[[Page 124 STAT. 1137]]
``(i) a parent;
``(ii) a spouse;
``(iii) a child;
``(iv) a step-family member; and
``(v) an extended family member; or
``(B) lives with the veteran but is not a member of
the family of the veteran.
``(4) The term `personal care services', with respect to an
eligible veteran under subsection (a) or a covered veteran under
subsection (b), means services that provide the veteran the
following:
``(A) Assistance with one or more independent
activities of daily living.
``(B) Any other non-institutional extended care (as
such term is used in section 1701(6)(E) of this title).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the programs required by subsections (a) and
(b)--
``(1) $60,000,000 for fiscal year 2010; and
``(2) $1,542,000,000 for the period of fiscal years 2011
through 2015.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 is amended by inserting after the item
related to section 1720F the following new item:
``1720G. Assistance and support services for caregivers.''.
(3) <<NOTE: 38 USC 1720G note.>> Effective date.--
(A) In general.--The amendments made by this
subsection shall take effect on the date that is 270
days after the date of the enactment of this Act.
(B) Implementation.--The Secretary of Veterans
Affairs shall commence the programs required by
subsections (a) and (b) of section 1720G of title 38,
United States Code, as added by paragraph (1) of this
subsection, on the date on which the amendments made by
this subsection take effect.
(b) Implementation Plan and Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall--
(A) develop a plan for the implementation of the
program of comprehensive assistance for family
caregivers required by section 1720G(a)(1) of title 38,
United States Code, as added by subsection (a)(1) of
this section; and
(B) submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on such plan.
(2) Consultation.--In developing the plan required by
paragraph (1)(A), the Secretary shall consult with the
following:
(A) Individuals described in section 1720G(a)(2) of
title 38, United States Code, as added by subsection
(a)(1) of this section.
(B) Family members of such individuals who provide
personal care services to such individuals.
(C) The Secretary of Defense with respect to matters
concerning personal care services for members of the
Armed Forces undergoing medical discharge from the Armed
[[Page 124 STAT. 1138]]
Forces who are eligible to benefit from personal care
services furnished under the program of comprehensive
assistance required by section 1720G(a)(1) of such
title, as so added.
(D) Veterans service organizations, as recognized by
the Secretary for the representation of veterans under
section 5902 of such title.
(E) National organizations that specialize in the
provision of assistance to individuals with the types of
disabilities that family caregivers will encounter while
providing personal care services under the program of
comprehensive assistance required by section 1720G(a)(1)
of such title, as so added.
(F) National organizations that specialize in
provision of assistance to family members of veterans
who provide personal care services to such veterans.
(G) Such other organizations with an interest in the
provision of care to veterans and assistance to family
caregivers as the Secretary considers appropriate.
(3) Report contents.--The report required by paragraph
(1)(B) shall contain the following:
(A) The plan required by paragraph (1)(A).
(B) A description of the individuals, caregivers,
and organizations consulted by the Secretary of Veterans
Affairs under paragraph (2).
(C) A description of such consultations.
(D) The recommendations of such individuals,
caregivers, and organizations, if any, that were not
adopted and incorporated into the plan required by
paragraph (1)(A), and the reasons the Secretary did not
adopt such recommendations.
(c) <<NOTE: 38 USC 1720G note.>> Annual Evaluation Report.--
(1) In general.--Not later than 2 years after the date
described in subsection (a)(3)(A) and annually thereafter, the
Secretary shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a comprehensive report on the implementation
of section 1720G of title 38, United States Code, as added by
subsection (a)(1).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) With respect to the program of comprehensive
assistance for family caregivers required by subsection
(a)(1) of such section 1720G and the program of general
caregiver support services required by subsection (b)(1)
of such section--
(i) the number of caregivers that received
assistance under such programs;
(ii) the cost to the Department of providing
assistance under such programs;
(iii) a description of the outcomes achieved
by, and any measurable benefits of, carrying out
such programs;
(iv) an assessment of the effectiveness and
the efficiency of the implementation of such
programs; and
(v) such recommendations, including
recommendations for legislative or administrative
action, as the
[[Page 124 STAT. 1139]]
Secretary considers appropriate in light of
carrying out such programs.
(B) With respect to the program of comprehensive
assistance for family caregivers required by such
subsection (a)(1)--
(i) a description of the outreach activities
carried out by the Secretary under such program;
and
(ii) an assessment of the manner in which
resources are expended by the Secretary under such
program, particularly with respect to the
provision of monthly personal caregiver stipends
under paragraph (3)(A)(ii)(v) of such subsection
(a).
(C) With respect to the provision of general
caregiver support services required by such subsection
(b)(1)--
(i) a summary of the support services made
available under the program;
(ii) the number of caregivers who received
support services under the program;
(iii) the cost to the Department of providing
each support service provided under the program;
and
(iv) such other information as the Secretary
considers appropriate.
(d) Report on Expansion of Family Caregiver Assistance.--
(1) In general.--Not later than 2 years after the date
described in subsection (a)(3)(A), the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a
report on the feasibility and advisability of expanding the
provision of assistance under section 1720G(a) of title 38,
United States Code, as added by subsection (a)(1), to family
caregivers of veterans who have a serious injury incurred or
aggravated in the line of duty in the active military, naval, or
air service before September 11, 2001.
(2) Recommendations.--The report required by paragraph (1)
shall include such recommendations as the Secretary considers
appropriate with respect to the expansion described in such
paragraph.
SEC. 102. MEDICAL CARE FOR FAMILY CAREGIVERS.
Section 1781(a) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by inserting ``and'' at the end; and
(3) by inserting after paragraph (3), the following new
paragraph:
``(4) an individual designated as a primary provider of
personal care services under section 1720G(a)(7)(A) of this
title who is not entitled to care or services under a health-
plan contract (as defined in section 1725(f) of this title);''.
SEC. 103. COUNSELING AND MENTAL HEALTH SERVICES FOR CAREGIVERS.
(a) In General.--Section 1782(c) is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
[[Page 124 STAT. 1140]]
``(2) a family caregiver of an eligible veteran or a
caregiver of a covered veteran (as those terms are defined in
section 1720G of this title); or''.
(b) Conforming Amendment.--The section heading of section 1782 is
amended by adding at the end, the following: ``and caregivers''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 17 is amended by striking the item relating to section 1782 and
inserting the following new item:
``1782. Counseling, training, and mental health services for immediate
family members and caregivers.''.
SEC. 104. LODGING AND SUBSISTENCE FOR ATTENDANTS.
Section 111(e) is amended--
(1) by striking ``When'' and inserting the following: ``(1)
Except as provided in paragraph (2), when''; and
(2) by adding at the end the following new paragraphs:
``(2)(A) Without regard to whether an eligible veteran entitled to
mileage under this section for travel to a Department facility for the
purpose of medical examination, treatment, or care requires an attendant
in order to perform such travel, an attendant of such veteran described
in subparagraph (B) may be allowed expenses of travel (including lodging
and subsistence) upon the same basis as such veteran during--
``(i) the period of time in which such veteran is traveling
to and from a Department facility for the purpose of medical
examination, treatment, or care; and
``(ii) the duration of the medical examination, treatment,
or care episode for such veteran.
``(B) An attendant of a veteran described in this subparagraph is a
provider of personal care services for such veteran who is approved
under paragraph (6) of section 1720G(a) of this title or designated
under paragraph (7) of such section 1720G(a).
``(C) The Secretary may prescribe regulations to carry out this
paragraph. Such regulations may include provisions--
``(i) to limit the number of attendants that may receive
expenses of travel under this paragraph for a single medical
examination, treatment, or care episode of an eligible veteran;
and
``(ii) to require such attendants to use certain travel
services.
``(D) In this subsection, the term `eligible veteran' has the
meaning given that term in section 1720G(a)(2) of this title.''.
TITLE II--WOMEN VETERANS HEALTH CARE MATTERS
SEC. 201. STUDY OF BARRIERS FOR WOMEN VETERANS TO HEALTH CARE FROM
THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Study Required.--The Secretary of Veterans Affairs shall conduct
a comprehensive study of the barriers to the provision of comprehensive
health care by the Department of Veterans Affairs encountered by women
who are veterans. In conducting the study, the Secretary shall--
[[Page 124 STAT. 1141]]
(1) survey women veterans who seek or receive hospital care
or medical services provided by the Department of Veterans
Affairs as well as women veterans who do not seek or receive
such care or services;
(2) administer the survey to a representative sample of
women veterans from each Veterans Integrated Service Network;
and
(3) ensure that the sample of women veterans surveyed is of
sufficient size for the study results to be statistically
significant and is a larger sample than that of the study
referred to in subsection (b).
(b) Use of Previous Study.--In conducting the study required by
subsection (a), the Secretary shall build on the work of the study of
the Department of Veterans Affairs titled ``National Survey of Women
Veterans in Fiscal Year 2007-2008''.
(c) Elements of Study.--In conducting the study required by
subsection (a), the Secretary shall conduct research on the effects of
the following on the women veterans surveyed in the study:
(1) The perceived stigma associated with seeking mental
health care services.
(2) The effect of driving distance or availability of other
forms of transportation to the nearest medical facility on
access to care.
(3) The availability of child care.
(4) The acceptability of integrated primary care, women's
health clinics, or both.
(5) The comprehension of eligibility requirements for, and
the scope of services available under, hospital care and medical
services.
(6) The perception of personal safety and comfort in
inpatient, outpatient, and behavioral health facilities.
(7) The gender sensitivity of health care providers and
staff to issues that particularly affect women.
(8) The effectiveness of outreach for health care services
available to women veterans.
(9) The location and operating hours of health care
facilities that provide services to women veterans.
(10) Such other significant barriers as the Secretary
considers appropriate.
(d) Discharge by Contract.--The Secretary shall enter into a
contract with a qualified independent entity or organization to carry
out the study and research required under this section.
(e) Mandatory Review of Data by Certain Department Divisions.--
(1) In general.--The Secretary shall ensure that the head of
each division of the Department of Veterans Affairs specified in
paragraph (2) reviews the results of the study conducted under
this section. <<NOTE: Submission.>> The head of each such
division shall submit findings with respect to the study to the
Under Secretary for Health and to other pertinent program
offices within the Department of Veterans Affairs with
responsibilities relating to health care services for women
veterans.
(2) Specified divisions.--The divisions of the Department of
Veterans Affairs specified in this paragraph are the following:
(A) The Center for Women Veterans established under
section 318 of title 38, United States Code.
[[Page 124 STAT. 1142]]
(B) The Advisory Committee on Women Veterans
established under section 542 of such title.
(f) Reports.--
(1) Report on implementation.--Not later than 6 months after
the date on which the Department of Veterans Affairs publishes a
final report on the study titled ``National Survey of Women
Veterans in Fiscal Year 2007-2008'', the Secretary shall submit
to Congress a report on the status of the implementation of this
section.
(2) Report on study.--Not later than 30 months after the
date on which the Department publishes such final report, the
Secretary shall submit to Congress a report on the study
required under this section. The report shall include
recommendations for such administrative and legislative action
as the Secretary considers appropriate. The report shall also
include the findings of the head of each division of the
Department specified under subsection (e)(2) and of the Under
Secretary for Health.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs $4,000,000 to carry
out this section.
SEC. 202. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE
PROVIDERS OF THE DEPARTMENT OF VETERANS
AFFAIRS ON CARE FOR VETERANS SUFFERING
FROM SEXUAL TRAUMA AND POST-TRAUMATIC
STRESS DISORDER.
Section 1720D is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d)(1) The Secretary shall carry out a program to provide graduate
medical education, training, certification, and continuing medical
education for mental health professionals who provide counseling, care,
and services under subsection (a).
``(2) In carrying out the program required by paragraph (1), the
Secretary shall ensure that--
``(A) all mental health professionals described in such
paragraph have been trained in a consistent manner; and
``(B) training described in such paragraph includes
principles of evidence-based treatment and care for sexual
trauma and post-traumatic stress disorder.
``(e) <<NOTE: Deadline. Reports.>> Each year, the Secretary shall
submit to Congress an annual report on the counseling, care, and
services provided to veterans pursuant to this section. Each report
shall include data for the year covered by the report with respect to
each of the following:
``(1) The number of mental health professionals, graduate
medical education trainees, and primary care providers who have
been certified under the program required by subsection (d) and
the amount and nature of continuing medical education provided
under such program to such professionals, trainees, and
providers who are so certified.
``(2) The number of women veterans who received counseling
and care and services under subsection (a) from professionals
and providers who received training under subsection (d).
[[Page 124 STAT. 1143]]
``(3) The number of graduate medical education, training,
certification, and continuing medical education courses provided
by reason of subsection (d).
``(4) The number of trained full-time equivalent employees
required in each facility of the Department to meet the needs of
veterans requiring treatment and care for sexual trauma and
post-traumatic stress disorder.
``(5) Such recommendations for improvements in the treatment
of women veterans with sexual trauma and post-traumatic stress
disorder as the Secretary considers appropriate.
``(6) Such other information as the Secretary considers
appropriate.''.
SEC. 203. <<NOTE: 38 USC 1712A note.>> PILOT PROGRAM ON COUNSELING
IN RETREAT SETTINGS FOR WOMEN VETERANS
NEWLY SEPARATED FROM SERVICE IN THE ARMED
FORCES.
(a) Pilot Program Required.--
(1) In general. <<NOTE: Deadline.>> --Commencing not later
than 180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall carry out, through the
Readjustment Counseling Service of the Veterans Health
Administration, a pilot program to evaluate the feasibility and
advisability of providing reintegration and readjustment
services described in subsection (b) in group retreat settings
to women veterans who are recently separated from service in the
Armed Forces after a prolonged deployment.
(2) Participation at election of veteran.--The participation
of a veteran in the pilot program under this section shall be at
the election of the veteran.
(b) Covered Services.--The services provided to a woman veteran
under the pilot program shall include the following:
(1) Information on reintegration into the veteran's family,
employment, and community.
(2) Financial counseling.
(3) Occupational counseling.
(4) Information and counseling on stress reduction.
(5) Information and counseling on conflict resolution.
(6) Such other information and counseling as the Secretary
considers appropriate to assist a woman veteran under the pilot
program in reintegration into the veteran's family, employment,
and community.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than three locations selected by the Secretary for purposes of
the pilot program.
(d) Duration.--The pilot program shall be carried out during the 2-
year period beginning on the date of the commencement of the pilot
program.
(e) Report.--Not later than 180 days after the completion of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall contain the findings and conclusions of
the Secretary as a result of the pilot program, and shall include such
recommendations for the continuation or expansion of the pilot program
as the Secretary considers appropriate.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for each
[[Page 124 STAT. 1144]]
of fiscal years 2010 and 2011, $2,000,000 to carry out the pilot
program.
SEC. 204. SERVICE ON CERTAIN ADVISORY COMMITTEES OF WOMEN RECENTLY
SEPARATED FROM SERVICE IN THE ARMED
FORCES.
(a) Advisory Committee on Women Veterans.--Section 542(a)(2)(A) is
amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) women veterans who are recently separated from
service in the Armed Forces.''.
(b) Advisory Committee on Minority Veterans.--Section 544(a)(2)(A)
is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (iv) the following new clause:
``(v) women veterans who are minority group members and are
recently separated from service in the Armed Forces.''.
(c) <<NOTE: 38 USC 542 note.>> Applicability.--The amendments made
by this section shall apply to appointments made on or after the date of
the enactment of this Act.
SEC. 205. <<NOTE: 38 USC 1710 note.>> PILOT PROGRAM ON ASSISTANCE
FOR CHILD CARE FOR CERTAIN VETERANS
RECEIVING HEALTH CARE.
(a) Pilot Program Required.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and advisability of
providing, subject to subsection (b), assistance to qualified veterans
described in subsection (c) to obtain child care so that such veterans
can receive health care services described in subsection (c).
(b) Limitation on Period of Payments.--Assistance may only be
provided to a qualified veteran under the pilot program for receipt of
child care during the period that the qualified veteran--
(1) receives the types of health care services described in
subsection (c) at a facility of the Department; and
(2) requires travel to and return from such facility for the
receipt of such health care services.
(c) Qualified Veterans.--For purposes of this section, a qualified
veteran is a veteran who is--
(1) the primary caretaker of a child or children; and
(2)(A) receiving from the Department--
(i) regular mental health care services;
(ii) intensive mental health care services; or
(iii) such other intensive health care services that
the Secretary determines that provision of assistance to
the veteran to obtain child care would improve access to
such health care services by the veteran; or
(B) in need of regular or intensive mental health care
services from the Department, and but for lack of child care
services, would receive such health care services from the
Department.
(d) Locations.--The Secretary shall carry out the pilot program in
no fewer than three Veterans Integrated Service Networks selected by the
Secretary for purposes of the pilot program.
[[Page 124 STAT. 1145]]
(e) Duration.--The pilot program shall be carried out during the 2-
year period beginning on the date of the commencement of the pilot
program.
(f) Forms of Child Care Assistance.--
(1) In general.--Child care assistance under this section
may include the following:
(A) Stipends for the payment of child care offered
by licensed child care centers (either directly or
through a voucher program) which shall be, to the extent
practicable, modeled after the Department of Veterans
Affairs Child Care Subsidy Program established pursuant
to section 630 of the Treasury and General Government
Appropriations Act, 2002 (Public Law 107-67; 115 Stat.
552).
(B) Direct provision of child care at an on-site
facility of the Department of Veterans Affairs.
(C) Payments to private child care agencies.
(D) Collaboration with facilities or programs of
other Federal departments or agencies.
(E) Such other forms of assistance as the Secretary
considers appropriate.
(2) Amounts of stipends.--In the case that child care
assistance under this section is provided as a stipend under
paragraph (1)(A), such stipend shall cover the full cost of such
child care.
(g) Report.--Not later than 6 months after the completion of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall include the findings and conclusions of
the Secretary as a result of the pilot program, and shall include such
recommendations for the continuation or expansion of the pilot program
as the Secretary considers appropriate.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs to carry out the pilot
program $1,500,000 for each of fiscal years 2010 and 2011.
SEC. 206. CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING
MATERNITY CARE.
(a) In General.--Subchapter VIII of chapter 17 is amended by adding
at the end the following new section:
``Sec. 1786. Care for newborn children of women veterans receiving
maternity care
``(a) In General.--The Secretary may furnish health care services
described in subsection (b) to a newborn child of a woman veteran who is
receiving maternity care furnished by the Department for not more than
seven days after the birth of the child if the veteran delivered the
child in--
``(1) a facility of the Department; or
``(2) another facility pursuant to a Department contract for
services relating to such delivery.
``(b) Covered Health Care Services.--Health care services described
in this subsection are all post-delivery care services, including
routine care services, that a newborn child requires.''.
[[Page 124 STAT. 1146]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 is amended by inserting after the item relating to section
1785 the following new item:
``1786. Care for newborn children of women veterans receiving maternity
care.''.
TITLE III--RURAL HEALTH IMPROVEMENTS
SEC. 301. IMPROVEMENTS TO THE EDUCATION DEBT REDUCTION PROGRAM.
(a) Inclusion of Employee Retention as Purpose of Program.--Section
7681(a)(2) is amended by inserting ``and retention'' after
``recruitment'' the first time it appears.
(b) Expansion of Eligibility.--Section 7682 is amended--
(1) in subsection (a)(1), by striking ``a recently
appointed'' and inserting ``an''; and
(2) by striking subsection (c).
(c) Increase in Maximum Annual Amount of Payments.--Paragraph (1) of
subsection (d) of section 7683 is amended--
(1) by striking ``$44,000'' and inserting ``$60,000''; and
(2) by striking ``$10,000'' and inserting ``$12,000''.
(d) Exception to Limitation on Amount for Certain Participants.--
Such subsection is further amended by adding at the end the following
new paragraph:
``(3)(A) <<NOTE: Waiver authority.>> The Secretary may waive the
limitations under paragraphs (1) and (2) in the case of a participant
described in subparagraph (B). In the case of such a waiver, the total
amount of education debt repayments payable to that participant is the
total amount of the principal and the interest on the participant's
loans referred to in subsection (a).
``(B) <<NOTE: Determination.>> A participant described in this
subparagraph is a participant in the Program who the Secretary
determines serves in a position for which there is a shortage of
qualified employees by reason of either the location or the requirements
of the position.''.
SEC. 302. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY
PROFESSIONALS EDUCATION ASSISTANCE
PROGRAM.
(a) Establishment of Program.--Part V is amended by inserting after
chapter 74 the following new chapter:
``CHAPTER 75--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY
PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM
``Sec.
``7501. Establishment of scholarship program; purpose.
``7502. Application and acceptance.
``7503. Amount of assistance; duration.
``7504. Agreement.
``7505. Repayment for failure to satisfy requirements of agreement.
``Sec. 7501. Establishment of scholarship program; purpose
``(a) Establishment.--Subject to the availability of appropriations,
the Secretary shall establish and carry out a scholarship program to
provide financial assistance in accordance with this chapter to
individuals who--
[[Page 124 STAT. 1147]]
``(1) are accepted for enrollment or currently enrolled in a
program of study leading to a degree or certificate in visual
impairment or orientation and mobility, or a dual degree or
certification in both such areas, at an accredited (as
determined by the Secretary) educational institution that is in
a State; and
``(2) <<NOTE: Contracts.>> enter into an agreement with the
Secretary as described in section 7504 of this title.
``(b) Purpose.--The purpose of the scholarship program is to
increase the supply of qualified blind rehabilitation specialists for
the Department and the Nation.
``(c) Outreach.--The Secretary shall publicize the scholarship
program to educational institutions throughout the United States, with
an emphasis on disseminating information to such institutions with high
numbers of Hispanic students and to Historically Black Colleges and
Universities.
``Sec. 7502. Application and acceptance
``(a) Application.--(1) To apply and participate in the scholarship
program under this chapter, an individual shall submit to the Secretary
an application for such participation together with an agreement
described in section 7504 of this title under which the participant
agrees to serve a period of obligated service in the Department as
provided in the agreement in return for payment of educational
assistance as provided in the agreement.
``(2) In distributing application forms and agreement forms to
individuals desiring to participate in the scholarship program, the
Secretary shall include with such forms the following:
``(A) A fair summary of the rights and liabilities of an
individual whose application is approved (and whose agreement is
accepted) by the Secretary.
``(B) A full description of the terms and conditions that
apply to participation in the scholarship program and service in
the Department.
``(b) <<NOTE: Notification.>> Approval.--(1) Upon the Secretary's
approval of an individual's participation in the scholarship program,
the Secretary shall, in writing, promptly notify the individual of that
acceptance.
``(2) An individual becomes a participant in the scholarship program
upon such approval by the Secretary.
``Sec. 7503. Amount of assistance; duration
``(a) Amount of Assistance. <<NOTE: Determination.>> --The amount of
the financial assistance provided an individual under the scholarship
program under this chapter shall be the amount determined by the
Secretary as being necessary to pay the tuition and fees of the
individual. In the case of an individual enrolled in a program of study
leading to a dual degree or certification in both the areas of study
described in section 7501(a)(1) of this title, the tuition and fees
shall not exceed the amounts necessary for the minimum number of credit
hours to achieve such dual degree or certification.
``(b) Relationship to Other Assistance.--Financial assistance may be
provided to an individual under the scholarship program to supplement
other educational assistance to the extent that the total amount of
educational assistance received by the individual during an academic
year does not exceed the total tuition and fees for such academic year.
[[Page 124 STAT. 1148]]
``(c) Maximum Amount of Assistance.--(1) The total amount of
assistance provided under the scholarship program for an academic year
to an individual who is a full-time student may not exceed $15,000.
``(2) In the case of an individual who is a part-time student, the
total amount of assistance provided under the scholarship program shall
bear the same ratio to the amount that would be paid under paragraph (1)
if the participant were a full-time student in the program of study
being pursued by the individual as the coursework carried by the
individual to full-time coursework in that program of study.
``(3) The total amount of assistance provided to an individual under
the scholarship program may not exceed $45,000.
``(d) Maximum Duration of Assistance.--Financial assistance may not
be provided to an individual under the scholarship program for more than
six academic years.
``Sec. 7504. Agreement
``An agreement between the Secretary and a participant in the
scholarship program under this chapter shall be in writing, shall be
signed by the participant, and shall include--
``(1) the Secretary's agreement to provide the participant
with financial assistance as authorized under this chapter;
``(2) the participant's agreement--
``(A) to accept such financial assistance;
``(B) to maintain enrollment and attendance in the
program of study described in section 7501(a)(1) of this
title;
``(C) while enrolled in such program, to maintain an
acceptable level of academic standing (as determined by
the educational institution offering such program under
regulations prescribed by the Secretary); and
``(D) after completion of the program, to serve as a
full-time employee in the Department for a period of
three years, to be served within the first six years
after the participant has completed such program and
received a degree or certificate described in section
7501(a)(1) of this title; and
``(3) any other terms and conditions that the Secretary
considers appropriate for carrying out this chapter.
``Sec. 7505. Repayment for failure to satisfy requirements of
agreement
``(a) In General.--An individual who receives educational assistance
under the scholarship program under this chapter shall repay to the
Secretary an amount equal to the unearned portion of such assistance if
the individual fails to satisfy the requirements of the agreement
entered into under section 7504 of this title, except in circumstances
authorized by the Secretary.
``(b) Amount of Repayment. <<NOTE: Regulations. Procedures.>> --The
Secretary shall establish, by regulations, procedures for determining
the amount of the repayment required under this section and the
circumstances under which an exception to the required repayment may be
granted.
``(c) Waiver or Suspension of Compliance. <<NOTE: Regulations.>> --
The Secretary shall prescribe regulations providing for the waiver or
suspension of any obligation of an individual for service or payment
under this chapter (or an agreement under this chapter) whenever--
[[Page 124 STAT. 1149]]
``(1) noncompliance by the individual is due to
circumstances beyond the control of the individual; or
``(2) <<NOTE: Determination.>> the Secretary determines that
the waiver or suspension of compliance is in the best interest
of the United States.
``(d) Obligation as Debt to United States.--An obligation to repay
the Secretary under this section is, for all purposes, a debt owed the
United States. A discharge in bankruptcy under title 11 does not
discharge a person from such debt if the discharge order is entered less
than five years after the date of the termination of the agreement or
contract on which the debt is based.''.
(b) Clerical Amendments.--The tables of chapters at the beginning of
title 38, and of part V, are each amended by inserting after the item
relating to chapter 74 the following new item:
``75. Visual Impairment and Orientation and Mobility Professionals
Educational Assistance Program...................................7501''.
(c) Implementation. <<NOTE: Deadline. 38 USC 7501 note.>> --The
Secretary of Veterans Affairs shall implement chapter 75 of title 38,
United States Code, as added by subsection (a), not later than 6 months
after the date of the enactment of this Act.
SEC. 303. <<NOTE: 38 USC 1703 note.>> DEMONSTRATION PROJECTS ON
ALTERNATIVES FOR EXPANDING CARE FOR
VETERANS IN RURAL AREAS.
(a) In General.--The Secretary of Veterans Affairs may, through the
Director of the Office of Rural Health, carry out demonstration projects
to examine the feasibility and advisability of alternatives for
expanding care for veterans in rural areas, which may include the
following:
(1) Establishing a partnership between the Department of
Veterans Affairs and the Centers for Medicare and Medicaid
Services of the Department of Health and Human Services to
coordinate care for veterans in rural areas at critical access
hospitals (as designated or certified under section 1820 of the
Social Security Act (42 U.S.C. 1395i-4)).
(2) Establishing a partnership between the Department of
Veterans Affairs and the Department of Health and Human Services
to coordinate care for veterans in rural areas at community
health centers.
(3) Expanding coordination between the Department of
Veterans Affairs and the Indian Health Service to expand care
for Indian veterans.
(b) Geographic Distribution.--The Secretary shall ensure that the
demonstration projects carried out under subsection (a) are located at
facilities that are geographically distributed throughout the United
States.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit a report on the results of the
demonstration projects carried out under subsection (a) to--
(1) the Committee on Veterans' Affairs and the Committee on
Appropriations of the Senate; and
(2) the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2010
and each fiscal year thereafter.
[[Page 124 STAT. 1150]]
SEC. 304. <<NOTE: 38 USC 1712A note.>> PROGRAM ON READJUSTMENT AND
MENTAL HEALTH CARE SERVICES FOR VETERANS
WHO SERVED IN OPERATION ENDURING FREEDOM
AND OPERATION IRAQI FREEDOM.
(a) Program Required. <<NOTE: Deadline.>> --Not later than 180 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish a program to provide--
(1) to veterans of Operation Enduring Freedom and Operation
Iraqi Freedom, particularly veterans who served in such
operations while in the National Guard and the Reserves--
(A) peer outreach services;
(B) peer support services;
(C) readjustment counseling and services described
in section 1712A of title 38, United States Code; and
(D) mental health services; and
(2) <<NOTE: Time period.>> to members of the immediate
family of veterans described in paragraph (1), during the 3-year
period beginning on the date of the return of such veterans from
deployment in Operation Enduring Freedom or Operation Iraqi
Freedom, education, support, counseling, and mental health
services to assist in--
(A) the readjustment of such veterans to civilian
life;
(B) in the case such veterans have an injury or
illness incurred during such deployment, the recovery of
such veterans from such injury or illness; and
(C) the readjustment of the family following the
return of such veterans.
(b) Contracts With Community Mental Health Centers and Other
Qualified Entities. <<NOTE: Determination.>> --In carrying out the
program required by subsection (a), the Secretary may contract with
community mental health centers and other qualified entities to provide
the services required by such subsection only in areas the Secretary
determines are not adequately served by other health care facilities or
vet centers of the Department of Veterans Affairs. Such contracts shall
require each contracting community health center or entity--
(1) to the extent practicable, to use telehealth services
for the delivery of services required by subsection (a);
(2) to the extent practicable, to employ veterans trained
under subsection (c) in the provision of services covered by
that subsection;
(3) to participate in the training program conducted in
accordance with subsection (d);
(4) to comply with applicable protocols of the Department
before incurring any liability on behalf of the Department for
the provision of services required by subsection (a);
(5) for each veteran for whom a community mental health
center or other qualified entity provides mental health services
under such contract, to provide the Department with such
clinical summary information as the Secretary shall require;
(6) <<NOTE: Deadline. Reports.>> to submit annual reports to
the Secretary containing, with respect to the program required
by subsection (a) and for the last full calendar year ending
before the submittal of such report--
(A) the number of the veterans served, veterans
diagnosed, and courses of treatment provided to veterans
as part of the program required by subsection (a); and
(B) demographic information for such services,
diagnoses, and courses of treatment; and
[[Page 124 STAT. 1151]]
(7) to meet such other requirements as the Secretary shall
require.
(c) Training of Veterans for Provision of Peer-outreach and Peer-
support Services. <<NOTE: Contracts.>> --In carrying out the program
required by subsection (a), the Secretary shall contract with a national
not-for-profit mental health organization to carry out a national
program of training for veterans described in subsection (a) to provide
the services described in subparagraphs (A) and (B) of paragraph (1) of
such subsection.
(d) Training of Clinicians for Provision of Services.--The Secretary
shall conduct a training program for clinicians of community mental
health centers or entities that have contracts with the Secretary under
subsection (b) to ensure that such clinicians can provide the services
required by subsection (a) in a manner that--
(1) recognizes factors that are unique to the experience of
veterans who served on active duty in Operation Enduring Freedom
or Operation Iraqi Freedom (including their combat and military
training experiences); and
(2) uses best practices and technologies.
(e) Vet Center Defined.--In this section, the term ``vet center''
means a center for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code.
SEC. 305. TRAVEL REIMBURSEMENT FOR VETERANS RECEIVING TREATMENT AT
FACILITIES OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Enhancement of Allowance Based Upon Mileage Traveled.--Section
111 is amended--
(1) in subsection (a), by striking ``traveled,'' and
inserting ``(at a rate of 41.5 cents per mile),''; and
(2) by amending subsection (g) to read as follows:
``(g)(1) <<NOTE: Effective date.>> Beginning one year after the date
of the enactment of the Caregivers and Veterans Omnibus Health Services
Act of 2010, the Secretary may adjust the mileage rate described in
subsection (a) to be equal to the mileage reimbursement rate for the use
of privately owned vehicles by Government employees on official business
(when a Government vehicle is available), as prescribed by the
Administrator of General Services under section 5707(b) of title 5.
``(2) <<NOTE: Deadline. Reports.>> If an adjustment in the mileage
rate under paragraph (1) results in a lower mileage rate than the
mileage rate otherwise specified in subsection (a), the Secretary shall,
not later than 60 days before the date of the implementation of the
mileage rate as so adjusted, submit to Congress a written report setting
forth the adjustment in the mileage rate under this subsection, together
with a justification for the decision to make the adjustment in the
mileage rate under this subsection.''.
(b) Coverage of Cost of Transportation by Air.--Subsection (a) of
section 111, as amended by subsection (a)(1), is further amended by
inserting after the first sentence the following new sentence: ``Actual
necessary expense of travel includes the reasonable costs of airfare if
travel by air is the only practical way to reach a Department
facility.''.
(c) Elimination of Limitation Based on Maximum Annual Rate of
Pension.--Subsection (b)(1)(D)(i) of such section is
[[Page 124 STAT. 1152]]
amended by inserting ``who is not traveling by air and'' before ``whose
annual''.
(d) Determination of Practicality.--Subsection (b) of such section
is amended by adding at the end the following new paragraph:
``(4) In determining for purposes of subsection (a) whether travel
by air is the only practical way for a veteran to reach a Department
facility, the Secretary shall consider the medical condition of the
veteran and any other impediments to the use of ground transportation by
the veteran.''.
(e) <<NOTE: 38 USC 111 note.>> No Expansion of Eligibility for
Beneficiary Travel.--The amendments made by subsections (b) and (d) of
this section may not be construed as expanding or otherwise modifying
eligibility for payments or allowances for beneficiary travel under
section 111 of title 38, United States Code, as in effect on the day
before the date of the enactment of this Act.
(f) <<NOTE: 38 USC 111 note.>> Clarification of Relation to Public
Transportation in Veterans Health Administration
Handbook. <<NOTE: Deadline.>> --Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
revise the Veterans Health Administration Handbook to clarify that an
allowance for travel based on mileage paid under section 111(a) of title
38, United States Code, may exceed the cost of such travel by public
transportation regardless of medical necessity.
SEC. 306. <<NOTE: 38 USC 7431 note.>> PILOT PROGRAM ON INCENTIVES
FOR PHYSICIANS WHO ASSUME INPATIENT
RESPONSIBILITIES AT COMMUNITY HOSPITALS IN
HEALTH PROFESSIONAL SHORTAGE AREAS.
(a) Pilot Program Required.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasability and advisability of
each of the following:
(1) The provision of financial incentives to eligible
physicians who obtain and maintain inpatient privileges at
community hospitals in health professional shortage areas in
order to facilitate the provision by such physicians of primary
care and mental health services to veterans at such hospitals.
(2) The collection of payments from third-party providers
for care provided by eligible physicians to nonveterans while
discharging inpatient responsibilities at community hospitals in
the course of exercising the privileges described in paragraph
(1).
(b) Eligible Physicians. <<NOTE: Definition.>> --For purposes of
this section, an eligible physician is a primary care or mental health
physician employed by the Department of Veterans Affairs on a full-time
basis.
(c) Duration of Program.--The pilot program shall be carried out
during the 3-year period beginning on the date of the commencement of
the pilot program.
(d) Locations.--
(1) In general.--The pilot program shall be carried out at
not less than five community hospitals in each of not less than
two Veterans Integrated Services Networks. The hospitals shall
be selected by the Secretary using the results of the survey
required under subsection (e).
(2) Qualifying community hospitals.--A community hospital
may be selected by the Secretary as a location for the pilot
program if--
[[Page 124 STAT. 1153]]
(A) the hospital is located in a health professional
shortage area; and
(B) the number of eligible physicians willing to
assume inpatient responsibilities at the hospital (as
determined using the result of the survey) is sufficient
for purposes of the pilot program.
(e) Survey of Physician Interest in Participation.--
(1) In general. <<NOTE: Deadline.>> --Not later than 120
days after the date of the enactment of this Act, the Secretary
shall conduct a survey of eligible physicians to determine the
extent of the interest of such physicians in participating in
the pilot program.
(2) Elements.--The survey shall disclose the type, amount,
and nature of the financial incentives to be provided under
subsection (h) to physicians participating in the pilot program.
(f) Physician Participation.--
(1) In general.--The Secretary shall select physicians for
participation in the pilot program from among eligible
physicians who--
(A) express interest in participating in the pilot
program in the survey conducted under subsection (e);
(B) are in good standing with the Department; and
(C) primarily have clinical responsibilities with
the Department.
(2) Voluntary participation.--Participation in the pilot
program shall be voluntary. Nothing in this section shall be
construed to require a physician working for the Department to
assume inpatient responsibilities at a community hospital unless
otherwise required as a term or condition of employment with the
Department.
(g) Assumption of Inpatient Physician Responsibilities.--
(1) In general.--Each eligible physician selected for
participation in the pilot program shall assume and maintain
inpatient responsibilities, including inpatient responsibilities
with respect to nonveterans, at one or more community hospitals
selected by the Secretary for participation in the pilot program
under subsection (d).
(2) Coverage under federal tort claims act.--If an eligible
physician participating in the pilot program carries out on-call
responsibilities at a community hospital where privileges to
practice at such hospital are conditioned upon the provision of
services to individuals who are not veterans while the physician
is on call for such hospital, the provision of such services by
the physician shall be considered an action within the scope of
the physician's office or employment for purposes of chapter 171
of title 28, United States Code (commonly referred to as the
``Federal Tort Claims Act'').
(h) Compensation.--
(1) In general.--The Secretary shall provide each eligible
physician participating in the pilot program with such
compensation (including pay and other appropriate compensation)
as the Secretary considers appropriate to compensate such
physician for the discharge of any inpatient responsibilities by
such physician at a community hospital for which such physician
would not otherwise be compensated by the Department as a full-
time employee of the Department.
(2) Written agreement.--The amount of any compensation to be
provided a physician under the pilot program shall
[[Page 124 STAT. 1154]]
be specified in a written agreement entered into by the
Secretary and the physician for purposes of the pilot program.
(3) Treatment of compensation. <<NOTE: Consultation.>> --The
Secretary shall consult with the Director of the Office of
Personnel Management on the inclusion of a provision in the
written agreement required under paragraph (2) that describes
the treatment under Federal law of any compensation provided a
physician under the pilot program, including treatment for
purposes of retirement under the civil service laws.
(i) <<NOTE: Implementation.>> Collections From Third Parties.--In
carrying out the pilot program for the purpose described in subsection
(a)(2), the Secretary shall implement a variety and range of
requirements and mechanisms for the collection from third-party payors
of amounts to reimburse the Department for health care services provided
to nonveterans under the pilot program by eligible physicians
discharging inpatient responsibilities under the pilot program.
(j) Report.--Not later than 1 year after the date of the enactment
of this Act and annually thereafter, the Secretary shall submit to
Congress a report on the pilot program, including the following:
(1) The findings of the Secretary with respect to the pilot
program.
(2) The number of veterans and nonveterans provided
inpatient care by physicians participating in the pilot program.
(3) The amounts payable and collected under subsection (i).
(k) Definitions.--In this section:
(1) Health professional shortage area.--The term ``health
professional shortage area'' has the meaning given the term in
section 332(a) of the Public Health Service Act (42 U.S.C.
254e(a)).
(2) Inpatient responsibilities.--The term ``inpatient
responsibilities'' means on-call responsibilities customarily
required of a physician by a community hospital as a condition
of granting privileges to the physician to practice in the
hospital.
SEC. 307. <<NOTE: 38 USC 1710 note.>> GRANTS FOR VETERANS SERVICE
ORGANIZATIONS FOR TRANSPORTATION OF HIGHLY
RURAL VETERANS.
(a) Grants Authorized.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a grant program to provide innovative transportation
options to veterans in highly rural areas.
(2) Eligible recipients.--The following may be awarded a
grant under this section:
(A) State veterans service agencies.
(B) Veterans service organizations.
(3) Use of funds.--A State veterans service agency or
veterans service organization awarded a grant under this section
may use the grant amount to--
(A) assist veterans in highly rural areas to travel
to Department of Veterans Affairs medical centers; and
(B) otherwise assist in providing transportation in
connection with the provision of medical care to
veterans in highly rural areas.
(4) Maximum amount.--The amount of a grant under this
section may not exceed $50,000.
[[Page 124 STAT. 1155]]
(5) No matching requirement.--The recipient of a grant under
this section shall not be required to provide matching funds as
a condition for receiving such grant.
(b) Regulations.--The Secretary shall prescribe regulations for--
(1) evaluating grant applications under this section; and
(2) otherwise administering the program established by this
section.
(c) Definitions.--In this section:
(1) Highly rural.--The term ``highly rural'', in the case of
an area, means that the area consists of a county or counties
having a population of less than seven persons per square mile.
(2) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of veterans
under section 5902 of title 38, United States Code.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 for each of fiscal years 2010 through 2014 to
carry out this section.
SEC. 308. MODIFICATION OF ELIGIBILITY FOR PARTICIPATION IN PILOT
PROGRAM OF ENHANCED CONTRACT CARE
AUTHORITY FOR HEALTH CARE NEEDS OF CERTAIN
VETERANS.
Subsection (b) of section 403 of the Veterans' Mental Health and
other Care Improvements Act of 2008 (Public Law 110-387; 122 Stat. 4125;
38 U.S.C. 1703 note) is amended to read as follows:
``(b) Covered Veterans.--For purposes of the pilot program under
this section, a covered veteran is any veteran who--
``(1) is--
``(A) enrolled in the system of patient enrollment
established under section 1705(a) of title 38, United
States Code, as of the date of the commencement of the
pilot program under subsection (a)(2); or
``(B) eligible for health care under section
1710(e)(3) of such title; and
``(2) resides in a location that is--
``(A) more than 60 minutes driving distance from the
nearest Department health care facility providing
primary care services, if the veteran is seeking such
services;
``(B) more than 120 minutes driving distance from
the nearest Department health care facility providing
acute hospital care, if the veteran is seeking such
care; or
``(C) more than 240 minutes driving distance from
the nearest Department health care facility providing
tertiary care, if the veteran is seeking such care.''.
[[Page 124 STAT. 1156]]
TITLE IV--MENTAL HEALTH CARE MATTERS
SEC. 401. <<NOTE: 38 USC 1712A note.>> ELIGIBILITY OF MEMBERS OF
THE ARMED FORCES WHO SERVE IN OPERATION
ENDURING FREEDOM OR OPERATION IRAQI
FREEDOM FOR COUNSELING AND SERVICES
THROUGH READJUSTMENT COUNSELING SERVICE.
(a) In General.--Any member of the Armed Forces, including a member
of the National Guard or Reserve, who serves on active duty in the Armed
Forces in Operation Enduring Freedom or Operation Iraqi Freedom is
eligible for readjustment counseling and related mental health services
under section 1712A of title 38, United States Code, through the
Readjustment Counseling Service of the Veterans Health Administration.
(b) No Requirement for Current Active Duty Service.--A member of the
Armed Forces who meets the requirements for eligibility for counseling
and services under subsection (a) is entitled to counseling and services
under that subsection regardless of whether or not the member is
currently on active duty in the Armed Forces at the time of receipt of
counseling and services under that subsection.
(c) Regulations.--The eligibility of members of the Armed Forces for
counseling and services under subsection (a) shall be subject to such
regulations as the Secretary of Defense and the Secretary of Veterans
Affairs shall jointly prescribe for purposes of this section.
(d) Subject to Availability of Appropriations.--The provision of
counseling and services under subsection (a) shall be subject to the
availability of appropriations for such purpose.
SEC. 402. RESTORATION OF AUTHORITY OF READJUSTMENT COUNSELING
SERVICE TO PROVIDE REFERRAL AND OTHER
ASSISTANCE UPON REQUEST TO FORMER MEMBERS
OF THE ARMED FORCES NOT AUTHORIZED
COUNSELING.
Section 1712A is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Upon receipt of a request for counseling under this section
from any individual who has been discharged or released from active
military, naval, or air service but who is not otherwise eligible for
such counseling, the Secretary shall--
``(1) provide referral services to assist such individual,
to the maximum extent practicable, in obtaining mental health
care and services from sources outside the Department; and
``(2) if pertinent, advise such individual of such
individual's rights to apply to the appropriate military, naval,
or air service, and to the Department, for review of such
individual's discharge or release from such service.''.
SEC. 403. STUDY ON SUICIDES AMONG VETERANS.
(a) Study Required.--The Secretary of Veterans Affairs shall conduct
a study to determine the number of veterans who died by suicide between
January 1, 1999, and the date of the enactment of this Act.
[[Page 124 STAT. 1157]]
(b) Coordination.--In carrying out the study under subsection (a)
the Secretary of Veterans Affairs shall coordinate with--
(1) the Secretary of Defense;
(2) veterans service organizations;
(3) the Centers for Disease Control and Prevention; and
(4) State public health offices and veterans agencies.
(c) Report to Congress.--The Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
on the study required under subsection (a) and the findings of the
Secretary.
(d) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization recognized
by the Secretary for the representation of veterans under section 5902
of title 38, United States Code.
TITLE V--OTHER HEALTH CARE MATTERS
SEC. 501. REPEAL OF CERTAIN ANNUAL REPORTING REQUIREMENTS.
(a) Nurse Pay Report.--Section 7451 is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(b) Long-term Planning Report.--
(1) In general.--Section 8107 is repealed.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 81 is amended by striking the item relating
to section 8107.
SEC. 502. SUBMITTAL DATE OF ANNUAL REPORT ON GULF WAR RESEARCH.
Section 707(c)(1) of the Persian Gulf War Veterans' Health Status
Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended by
striking ``Not later than March 1 of each year'' and inserting ``Not
later than July 1, 2010, and July 1 of each of the five following
years''.
SEC. 503. PAYMENT FOR CARE FURNISHED TO CHAMPVA BENEFICIARIES.
Section 1781 is amended by adding at the end the following new
subsection:
``(e) Payment by the Secretary under this section on behalf of a
covered beneficiary for medical care shall constitute payment in full
and extinguish any liability on the part of the beneficiary for that
care.''.
SEC. 504. DISCLOSURE OF PATIENT TREATMENT INFORMATION FROM MEDICAL
RECORDS OF PATIENTS LACKING DECISIONMAKING
CAPACITY.
Section 7332(b)(2) is amended by adding at the end the following new
subparagraph:
``(F)(i) To a representative of a patient who lacks
decision-making capacity, when a practitioner deems the content
of the given record necessary for that representative to make an
informed decision regarding the patient's treatment.
[[Page 124 STAT. 1158]]
``(ii) In this subparagraph, the term `representative' means
an individual, organization, or other body authorized under
section 7331 of this title and its implementing regulations to
give informed consent on behalf of a patient who lacks decision-
making capacity.''.
SEC. 505. ENHANCEMENT OF QUALITY MANAGEMENT.
(a) Enhancement of Quality Management Through Quality Management
Officers.--
(1) In general.--Subchapter II of chapter 73 is amended by
inserting after section 7311 the following new section:
``Sec. 7311A. Quality management officers
``(a) <<NOTE: Designation.>> National Quality Management Officer.--
(1) The Under Secretary for Health shall designate an official of the
Veterans Health Administration to act as the principal quality
management officer for the quality-assurance program required by section
7311 of this title. The official so designated may be known as the
`National Quality Management Officer of the Veterans Health
Administration' (in this section referred to as the `National Quality
Management Officer').
``(2) The National Quality Management Officer shall report directly
to the Under Secretary for Health in the discharge of responsibilities
and duties of the Officer under this section.
``(3) The National Quality Management Officer shall be the official
within the Veterans Health Administration who is principally responsible
for the quality-assurance program referred to in paragraph (1). In
carrying out that responsibility, the Officer shall be responsible for
the following:
``(A) Establishing and enforcing the requirements of the
program referred to in paragraph (1).
``(B) Developing an aggregate quality metric from existing
data sources, such as the Inpatient Evaluation Center of the
Department, the National Surgical Quality Improvement Program,
and the External Peer Review Program of the Veterans Health
Administration, that could be used to assess reliably the
quality of care provided at individual Department medical
centers and associated community based outpatient clinics.
``(C) Ensuring that existing measures of quality, including
measures from the Inpatient Evaluation Center, the National
Surgical Quality Improvement Program, System-Wide Ongoing
Assessment and Review reports of the Department, and Combined
Assessment Program reviews of the Office of Inspector General of
the Department, are monitored routinely and analyzed in a manner
that ensures the timely detection of quality of care issues.
``(D) Encouraging research and development in the area of
quality metrics for the purposes of improving how the Department
measures quality in individual facilities.
``(E) Carrying out such other responsibilities and duties
relating to quality management in the Veterans Health
Administration as the Under Secretary for Health shall specify.
``(4) The requirements under paragraph (3) shall include
requirements regarding the following:
``(A) A confidential system for the submittal of reports by
Veterans Health Administration personnel regarding quality
management at Department facilities.
[[Page 124 STAT. 1159]]
``(B) Mechanisms for the peer review of the actions of
individuals appointed in the Veterans Health Administration in
the position of physician.
``(b) <<NOTE: Appointment.>> Quality Management Officers for
VISNs.--(1) The Regional Director of each Veterans Integrated Services
Network shall appoint an official of the Network to act as the quality
management officer of the Network.
``(2) The quality management officer for a Veterans Integrated
Services Network shall report to the Regional Director of the Veterans
Integrated Services Network, and to the National Quality Management
Officer, regarding the discharge of the responsibilities and duties of
the officer under this section.
``(3) The quality management officer for a Veterans Integrated
Services Network shall--
``(A) direct the quality management office in the Network;
and
``(B) coordinate, monitor, and oversee the quality
management programs and activities of the Administration medical
facilities in the Network in order to ensure the thorough and
uniform discharge of quality management requirements under such
programs and activities throughout such facilities.
``(c) <<NOTE: Appointment.>> Quality Management Officers for Medical
Facilities.--(1) The director of each Veterans Health Administration
medical facility shall appoint a quality management officer for that
facility.
``(2) The quality management officer for a facility shall report
directly to the director of the facility, and to the quality management
officer of the Veterans Integrated Services Network in which the
facility is located, regarding the discharge of the responsibilities and
duties of the quality management officer under this section.
``(3) The quality management officer for a facility shall be
responsible for designing, disseminating, and implementing quality
management programs and activities for the facility that meet the
requirements established by the National Quality Management Officer
under subsection (a).
``(d) Authorization of Appropriations.--(1) Except as provided in
paragraph (2), there are authorized to be appropriated such sums as may
be necessary to carry out this section.
``(2) There is authorized to be appropriated to carry out the
provisions of subparagraphs (B), (C), and (D) of subsection (a)(3),
$25,000,000 for the two-year period of fiscal years beginning after the
date of the enactment of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 73 is amended by inserting after the item
relating to section 7311 the following new item:
``7311A. Quality management officers.''.
(b) Reports on Quality Concerns Under Quality-assurance Program.--
Section 7311(b) is amended by adding at the end the following new
paragraph:
``(4) As part of the quality-assurance program, the Under Secretary
for Health shall establish mechanisms through which employees of
Veterans Health Administration facilities may submit reports, on a
confidential basis, on matters relating to quality of care in Veterans
Health Administration facilities to the quality management officers of
such facilities under section 7311A(c) of
[[Page 124 STAT. 1160]]
this title. The mechanisms shall provide for the prompt and thorough
review of any reports so submitted by the receiving officials.''.
(c) Review of Current Health Care Quality Safeguards.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a comprehensive review of all current policies and
protocols of the Department of Veterans Affairs for maintaining
health care quality and patient safety at Department medical
facilities. The review shall include a review and assessment of
the National Surgical Quality Improvement Program, including an
assessment of--
(A) the efficacy of the quality indicators under the
program;
(B) the efficacy of the data collection methods
under the program;
(C) the efficacy of the frequency with which regular
data analyses are performed under the program; and
(D) the extent to which the resources allocated to
the program are adequate to fulfill the stated function
of the program.
(2) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the review conducted under paragraph (1), including
the findings of the Secretary as a result of the review and such
recommendations as the Secretary considers appropriate in light
of the review.
SEC. 506. <<NOTE: 38 USC 523 note.>> PILOT PROGRAM ON USE OF
COMMUNITY-BASED ORGANIZATIONS AND LOCAL
AND STATE GOVERNMENT ENTITIES TO ENSURE
THAT VETERANS RECEIVE CARE AND BENEFITS
FOR WHICH THEY ARE ELIGIBLE.
(a) Pilot Program Required.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and advisability of
using community-based organizations and local and State government
entities--
(1) to increase the coordination of community, local, State,
and Federal providers of health care and benefits for veterans
to assist veterans who are transitioning from military service
to civilian life in such transition;
(2) to increase the availability of high quality medical and
mental health services to veterans transitioning from military
service to civilian life;
(3) to provide assistance to families of veterans who are
transitioning from military service to civilian life to help
such families adjust to such transition; and
(4) to provide outreach to veterans and their families to
inform them about the availability of benefits and connect them
with appropriate care and benefit programs.
(b) Duration of Program.--The pilot program shall be carried out
during the 2-year period beginning on the date that is 180 days after
the date of the enactment of this Act.
(c) Program Locations.--
(1) In general.--The pilot program shall be carried out at
five locations selected by the Secretary for purposes of the
pilot program.
(2) Considerations.--In selecting locations for the pilot
program, the Secretary shall consider the advisability of
selecting locations in--
[[Page 124 STAT. 1161]]
(A) rural areas;
(B) areas with populations that have a high
proportion of minority group representation;
(C) areas with populations that have a high
proportion of individuals who have limited access to
health care; and
(D) areas that are not in close proximity to an
active duty military installation.
(d) Grants.--The Secretary shall carry out the pilot program through
the award of grants to community-based organizations and local and State
government entities.
(e) Selection of Grant Recipients.--
(1) In general.--A community-based organization or local or
State government entity seeking a grant under the pilot program
shall submit to the Secretary an application therefor in such
form and in such manner as the Secretary considers appropriate.
(2) Elements.--Each application submitted under paragraph
(1) shall include the following:
(A) A description of the consultations, if any, with
the Department of Veterans Affairs in the development of
the proposal under the application.
(B) A plan to coordinate activities under the pilot
program, to the greatest extent possible, with the
local, State, and Federal providers of services for
veterans to reduce duplication of services and to
enhance the effect of such services.
(f) Use of Grant Funds.--The Secretary shall prescribe appropriate
uses of grant funds received under the pilot program.
(g) Report on Program.--
(1) In general.--Not later than 180 days after the
completion of the pilot program, the Secretary shall submit to
Congress a report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The findings and conclusions of the Secretary
with respect to the pilot program.
(B) An assessment of the benefits to veterans of the
pilot program.
(C) The recommendations of the Secretary as to the
advisability of continuing the pilot program.
SEC. 507. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR
CERTAIN VETERANS.
Section 1720 is amended by adding at the end the following new
subsection:
``(g) The Secretary may contract with appropriate entities to
provide specialized residential care and rehabilitation services to a
veteran of Operation Enduring Freedom or Operation Iraqi Freedom who the
Secretary determines suffers from a traumatic brain injury, has an
accumulation of deficits in activities of daily living and instrumental
activities of daily living, and because of these deficits, would
otherwise require admission to a nursing home even though such care
would generally exceed the veteran's nursing needs.''.
[[Page 124 STAT. 1162]]
SEC. 508. EXPANDED STUDY ON THE HEALTH IMPACT OF PROJECT SHIPBOARD
HAZARD AND DEFENSE.
(a) In General. <<NOTE: Deadline.>> --Not later than 90 days after
the date of the enactment of this Act, the Secretary of Veterans Affairs
shall enter into a contract with the Institute of Medicine of the
National Academies to conduct an expanded study on the health impact of
Project Shipboard Hazard and Defense (Project SHAD).
(b) Covered Veterans.--The study required by subsection (a) shall
include, to the extent practicable, all veterans who participated in
Project Shipboard Hazard and Defense.
(c) Use of Existing Studies.--The study required by subsection (a)
may use results from the study covered in the report titled ``Long-Term
Health Effects of Participation in Project SHAD'' of the Institute of
Medicine of the National Academies.
SEC. 509. USE OF NON-DEPARTMENT FACILITIES FOR REHABILITATION OF
INDIVIDUALS WITH TRAUMATIC BRAIN INJURY.
Section 1710E is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Covered Individuals.--The care and services provided under
subsection (a) shall be made available to an individual--
``(1) who is described in section 1710C(a) of this title;
and
``(2)(A) to whom the Secretary is unable to provide such
treatment or services at the frequency or for the duration
prescribed in such plan; or
``(B) for whom the Secretary determines that it is optimal
with respect to the recovery and rehabilitation for such
individual.''; and
(3) by adding at the end the following new subsection:
``(d) Standards.--The Secretary may not provide treatment or
services as described in subsection (a) at a non-Department facility
under such subsection unless such facility maintains standards for the
provision of such treatment or services established by an independent,
peer-reviewed organization that accredits specialized rehabilitation
programs for adults with traumatic brain injury.''.
SEC. 510. <<NOTE: 38 USC 1712 note.>> PILOT PROGRAM ON PROVISION
OF DENTAL INSURANCE PLANS TO VETERANS AND
SURVIVORS AND DEPENDENTS OF VETERANS.
(a) Pilot Program Required.--The Secretary of Veterans Affairs shall
carry out a pilot program to assess the feasibility and advisability of
providing a dental insurance plan to veterans and survivors and
dependents of veterans described in subsection (b).
(b) Covered Veterans and Survivors and Dependents.--The veterans and
survivors and dependents of veterans described in this subsection are as
follows:
(1) Any veteran who is enrolled in the system of annual
patient enrollment under section 1705 of title 38, United States
Code.
(2) Any survivor or dependent of a veteran who is eligible
for medical care under section 1781 of such title.
[[Page 124 STAT. 1163]]
(c) Duration of Program.--The pilot program shall be carried out
during the 3-year period beginning on the date that is 270 days after
the date of the enactment of this Act.
(d) Locations.--The pilot program shall be carried out in such
Veterans Integrated Services Networks as the Secretary considers
appropriate for purposes of the pilot program.
(e) Administration.--The Secretary shall contract with a dental
insurer to administer the dental insurance plan provided under the pilot
program.
(f) Benefits.--The dental insurance plan under the pilot program
shall provide such benefits for dental care and treatment as the
Secretary considers appropriate for the dental insurance plan, including
diagnostic services, preventative services, endodontics and other
restorative services, surgical services, and emergency services.
(g) Enrollment.--
(1) Voluntary.--Enrollment in the dental insurance plan
under the pilot program shall be voluntary.
(2) Minimum period.--Enrollment in the dental insurance plan
shall be for such minimum period as the Secretary shall
prescribe for purposes of this section.
(h) Premiums.--
(1) In general.--Premiums for coverage under the dental
insurance plan under the pilot program shall be in such amount
or amounts as the Secretary shall prescribe to cover all costs
associated with the pilot program.
(2) Annual adjustment.--The Secretary shall adjust the
premiums payable under the pilot program for coverage under the
dental insurance plan on an annual basis. Each individual
covered by the dental insurance plan at the time of such an
adjustment shall be notified of the amount and effective date of
such adjustment.
(3) Responsibility for payment.--Each individual covered by
the dental insurance plan shall pay the entire premium for
coverage under the dental insurance plan, in addition to the
full cost of any copayments.
(i) Voluntary Disenrollment.--
(1) In general.--With respect to enrollment in the dental
insurance plan under the pilot program, the Secretary shall--
(A) <<NOTE: Time period.>> permit the voluntary
disenrollment of an individual in the dental insurance
plan if the disenrollment occurs during the 30-day
period beginning on the date of the enrollment of the
individual in the dental insurance plan; and
(B) permit the voluntary disenrollment of an
individual in the dental insurance plan for such
circumstances as the Secretary shall prescribe for
purposes of this subsection, but only to the extent such
disenrollment does not jeopardize the fiscal integrity
of the dental insurance plan.
(2) Allowable circumstances.--The circumstances prescribed
under paragraph (1)(B) shall include the following:
(A) If an individual enrolled in the dental
insurance plan relocates to a location outside the
jurisdiction of the dental insurance plan that prevents
use of the benefits under the dental insurance plan.
[[Page 124 STAT. 1164]]
(B) If an individual enrolled in the dental
insurance plan is prevented by a serious medical
condition from being able to obtain benefits under the
dental insurance plan.
(C) Such other circumstances as the Secretary shall
prescribe for purposes of this subsection.
(3) Establishment of procedures.--The Secretary shall
establish procedures for determinations on the permissibility of
voluntary disenrollments under paragraph (1)(B). Such procedures
shall ensure timely determinations on the permissibility of such
disenrollments.
(j) Relationship to Dental Care Provided by Secretary.--Nothing in
this section shall affect the responsibility of the Secretary to provide
dental care under section 1712 of title 38, United States Code, and the
participation of an individual in the dental insurance plan under the
pilot program shall not affect the individual's entitlement to
outpatient dental services and treatment, and related dental appliances,
under that section.
(k) Regulations.--The dental insurance plan under the pilot program
shall be administered under such regulations as the Secretary shall
prescribe.
SEC. 511. PROHIBITION ON COLLECTION OF COPAYMENTS FROM VETERANS
WHO ARE CATASTROPHICALLY DISABLED.
(a) In General.--Subchapter III of chapter 17 is amended by adding
at the end the following new section:
``Sec. 1730A. Prohibition on collection of copayments from
catastrophically disabled veterans
``Notwithstanding subsections (f) and (g) of section 1710 and
section 1722A(a) of this title or any other provision of law, the
Secretary may not require a veteran who is catastrophically disabled, as
defined by the Secretary, to make any copayment for the receipt of
hospital care or medical services under the laws administered by the
Secretary.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 is amended by inserting after the item relating to section
1730 the following new item:
``1730A. Prohibition on collection of copayments from catastrophically
disabled veterans.''.
SEC. 512. HIGHER PRIORITY STATUS FOR CERTAIN VETERANS WHO ARE
MEDAL OF HONOR RECIPIENTS.
Section 1705(a)(3) is amended by inserting ``veterans who were
awarded the medal of honor under section 3741, 6241, or 8741 of title 10
or section 491 of title 14,'' after ``the Purple Heart,''.
SEC. 513. HOSPITAL CARE, MEDICAL SERVICES, AND NURSING HOME CARE
FOR CERTAIN VIETNAM-ERA VETERANS EXPOSED
TO HERBICIDE AND VETERANS OF THE PERSIAN
GULF WAR.
Section 1710(e) is amended--
(1) in paragraph (3)--
(A) by striking ``subsection (a)(2)(F)--'' and all
that follows through ``(C) in the case'' and inserting
``subsection (a)(2)(F) in the case''; and
(B) by redesignating clauses (i) and (ii) of the
former subparagraph (C) as subparagraphs (A) and (B) of
such paragraph (3) and by realigning the margin of such
new subparagraphs two ems to the left; and
[[Page 124 STAT. 1165]]
(2) in paragraph (1)(C)--
(A) by striking ``paragraphs (2) and (3)'' and
inserting ``paragraph (2)''; and
(B) by inserting after ``on active duty'' the
following: ``between August 2, 1990, and November 11,
1998,''.
SEC. 514. ESTABLISHMENT OF DIRECTOR OF PHYSICIAN ASSISTANT
SERVICES IN VETERANS HEALTH
ADMINISTRATION.
(a) In General.--Section 7306(a) is amended by striking paragraph
(9) and inserting the following new paragraph (9):
``(9) The Director of Physician Assistant Services, who
shall--
``(A) serve in a full-time capacity at the Central
Office of the Department;
``(B) be a qualified physician assistant; and
``(C) be responsible and report directly to the
Chief Patient Care Services Officer of the Veterans
Health Administration on all matters relating to the
education and training, employment, appropriate use, and
optimal participation of physician assistants within the
programs and initiatives of the Administration.''.
(b) <<NOTE: 38 USC 7306 note.>> Deadline for Implementation.--The
Secretary of Veterans Affairs shall ensure that an individual is serving
as the Director of Physician Assistant Services under paragraph (9) of
section 7306(a) of title 38, United States Code, as amended by
subsection (a), by not later than 120 days after the date of the
enactment of this Act.
SEC. 515. COMMITTEE ON CARE OF VETERANS WITH TRAUMATIC BRAIN
INJURY.
(a) Establishment of Committee.--Subchapter II of chapter 73 is
amended by inserting after section 7321 the following new section:
``Sec. 7321A. Committee on Care of Veterans with Traumatic Brain
Injury
``(a) Establishment.--The Secretary shall establish in the Veterans
Health Administration a committee to be known as the `Committee on Care
of Veterans with Traumatic Brain Injury'. The Under Secretary for Health
shall appoint employees of the Department with expertise in the care of
veterans with traumatic brain injury to serve on the committee.
``(b) Responsibilities of Committee.--The committee shall assess,
and carry out a continuing assessment of, the capability of the Veterans
Health Administration to meet effectively the treatment and
rehabilitation needs of veterans with traumatic brain injury. In
carrying out that responsibility, the committee shall--
``(1) evaluate the care provided to such veterans through
the Veterans Health Administration;
``(2) identify systemwide problems in caring for such
veterans in facilities of the Veterans Health Administration;
``(3) identify specific facilities within the Veterans
Health Administration at which program enrichment is needed to
improve treatment and rehabilitation of such veterans; and
``(4) identify model programs which the committee considers
to have been successful in the treatment and rehabilitation of
such veterans and which should be implemented more widely in or
through facilities of the Veterans Health Administration.
[[Page 124 STAT. 1166]]
``(c) Advice and Recommendations.--The committee shall--
``(1) advise the Under Secretary regarding the development
of policies for the care and rehabilitation of veterans with
traumatic brain injury; and
``(2) make recommendations to the Under Secretary--
``(A) for improving programs of care of such
veterans at specific facilities and throughout the
Veterans Health Administration;
``(B) for establishing special programs of education
and training relevant to the care of such veterans for
employees of the Veterans Health Administration;
``(C) regarding research needs and priorities
relevant to the care of such veterans; and
``(D) regarding the appropriate allocation of
resources for all such activities.
``(d) Annual Report.--Not later than June 1, 2010, and each year
thereafter, the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the implementation of this section.
Each such report shall include the following for the calendar year
preceding the year in which the report is submitted:
``(1) A list of the members of the committee.
``(2) The assessment of the Under Secretary for Health,
after review of the findings of the committee, regarding the
capability of the Veterans Health Administration, on a
systemwide and facility-by-facility basis, to meet effectively
the treatment and rehabilitation needs of veterans with
traumatic brain injury.
``(3) The plans of the committee for further assessments.
``(4) The findings and recommendations made by the committee
to the Under Secretary for Health and the views of the Under
Secretary on such findings and recommendations.
``(5) A description of the steps taken, plans made (and a
timetable for the execution of such plans), and resources to be
applied toward improving the capability of the Veterans Health
Administration to meet effectively the treatment and
rehabilitation needs of veterans with traumatic brain injury.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 is amended by inserting after the item relating to section
7321 the following new item:
``7321A. Committee on Care of Veterans with Traumatic Brain Injury.''.
SEC. 516. INCREASE IN AMOUNT AVAILABLE TO DISABLED VETERANS FOR
IMPROVEMENTS AND STRUCTURAL ALTERATIONS
FURNISHED AS PART OF HOME HEALTH SERVICES.
(a) Increase.--Section 1717(a)(2) is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) in the case of medical services furnished under
section 1710(a)(1) of this title, or for a disability described
in section 1710(a)(2)(C) of this title--
``(i) in the case of a veteran who first applies for
benefits under this paragraph before the date of the
Caregivers and Veterans Omnibus Health Services Act of
2010, $4,100; or
``(ii) in the case of a veteran who first applies
for benefits under this paragraph on or after the date
of the
[[Page 124 STAT. 1167]]
Caregivers and Veterans Omnibus Health Services Act of
2010, $6,800; and
``(B) in the case of medical services furnished under any
other provision of section 1710(a) of this title--
``(i) in the case of a veteran who first applies for
benefits under this paragraph before the date of the
Caregivers and Veterans Omnibus Health Services Act of
2010, $1,200; or
``(ii) in the case of a veteran who first applies
for benefits under this paragraph on or after the date
of the Caregivers and Veterans Omnibus Health Services
Act of 2010, $2,000.''.
(b) <<NOTE: 38 USC 1717 note.>> Construction.--A veteran who
exhausts such veteran's eligibility for benefits under section
1717(a)(2) of such title before the date of the enactment of this Act,
is not entitled to additional benefits under such section by reason of
the amendments made by subsection (a).
SEC. 517. EXTENSION OF STATUTORILY DEFINED COPAYMENTS FOR CERTAIN
VETERANS FOR HOSPITAL CARE AND NURSING
HOME CARE.
Subparagraph (B) of section 1710(f)(2) is amended to read as
follows:
``(B) before September 30, 2012, an amount equal to
$10 for every day the veteran receives hospital care and
$5 for every day the veteran receives nursing home
care.''.
SEC. 518. EXTENSION OF AUTHORITY TO RECOVER COST OF CERTAIN CARE
AND SERVICES FROM DISABLED VETERANS WITH
HEALTH-PLAN CONTRACTS.
Subparagraph (E) of section 1729(a)(2) is amended to read as
follows:
``(E) for which care and services are furnished
before October 1, 2012, under this chapter to a veteran
who--
``(i) has a service-connected disability; and
``(ii) is entitled to care (or payment of the
expenses of care) under a health-plan contract.''.
TITLE VI--DEPARTMENT PERSONNEL MATTERS
SEC. 601. ENHANCEMENT OF AUTHORITIES FOR RETENTION OF MEDICAL
PROFESSIONALS.
(a) Secretarial Authority To Extend Title 38 Status to Additional
Positions.--
(1) In general.--Paragraph (3) of section 7401 is amended by
striking ``and blind rehabilitation outpatient specialists.''
and inserting the following: ``blind rehabilitation outpatient
specialists, and such other classes of health care occupations
as the Secretary considers necessary for the recruitment and
retention needs of the Department subject to the following
requirements:
``(A) Such other classes of health care
occupations--
``(i) are not occupations relating to
administrative, clerical, or physical plant
maintenance and protective services;
[[Page 124 STAT. 1168]]
``(ii) that would otherwise receive basic pay
in accordance with the General Schedule under
section 5332 of title 5;
``(iii) provide, as determined by the
Secretary, direct patient care services or
services incident to direct patient services; and
``(iv) would not otherwise be available to
provide medical care or treatment for veterans.
``(B) <<NOTE: Deadline. Notification.>> Not later
than 45 days before the Secretary appoints any personnel
for a class of health care occupations that is not
specifically listed in this paragraph, the Secretary
shall submit to the Committee on Veterans' Affairs of
the Senate, the Committee on Veterans' Affairs of the
House of Representatives, and the Office of Management
and Budget notice of such appointment.
``(C) Before submitting notice under subparagraph
(B), the Secretary shall solicit comments from any labor
organization representing employees in such class and
include such comments in such notice.''.
(2) Appointment of nurse assistants.--Such paragraph is
further amended by inserting ``nurse assistants,'' after
``licensed practical or vocational nurses,''.
(b) Probationary Periods for Registered Nurses.--Section 7403(b) is
amended--
(1) in paragraph (1), by striking ``Appointments'' and
inserting ``Except as otherwise provided in this subsection,
appointments'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) With respect to the appointment of a registered nurse under
this chapter, paragraph (1) shall apply with respect to such appointment
regardless of whether such appointment is on a full-time basis or a
part-time basis.
``(3) An appointment described in subsection (a) on a part-time
basis of a person who has previously served on a full-time basis for the
probationary period for the position concerned shall be without a
probationary period.''.
(c) Prohibition on Temporary Part-time Registered Nurse Appointments
in Excess of 2 Years.--Section 7405 is amended by adding at the end the
following new subsection:
``(g)(1) Except as provided in paragraph (3), employment of a
registered nurse on a temporary part-time basis under subsection (a)(1)
shall be for a probationary period of two years.
``(2) Except as provided in paragraph (3), upon completion by a
registered nurse of the probationary period described in paragraph (1)--
``(A) the employment of such nurse shall--
``(i) no longer be considered temporary; and
``(ii) be considered an appointment described in
section 7403(a) of this title; and
``(B) the nurse shall be considered to have served the
probationary period required by section 7403(b).
``(3) This subsection shall not apply to appointments made on a term
limited basis of less than or equal to three years of--
[[Page 124 STAT. 1169]]
``(A) nurses with a part-time appointment resulting from an
academic affiliation or teaching position in a nursing academy
of the Department;
``(B) nurses appointed as a result of a specific research
proposal or grant; or
``(C) nurses who are not citizens of the United States and
appointed under section 7407(a) of this title.''.
(d) Rate of Basic Pay for Appointees to the Office of the Under
Secretary for Health Set to Rate of Basic Pay for Senior Executive
Service Positions.--
(1) In general.--Section 7404(a) is amended--
(A) by striking ``The annual'' and inserting ``(1)
The annual'';
(B) by striking ``The pay'' and inserting the
following:
``(2) The pay'';
(C) by striking ``under the preceding sentence'' and
inserting ``under paragraph (1)''; and
(D) by adding at the end the following new
paragraph:
``(3)(A) The rate of basic pay for a position to which an Executive
order applies under paragraph (1) and is not described by paragraph (2)
shall be set in accordance with section 5382 of title 5 as if such
position were a Senior Executive Service position (as such term is
defined in section 3132(a) of title 5).
``(B) A rate of basic pay for a position may not be set under
subparagraph (A) in excess of--
``(i) in the case the position is not described in clause
(ii), the rate of basic pay payable for level III of the
Executive Schedule; or
``(ii) in the case that the position is covered by a
performance appraisal system that meets the certification
criteria established by regulation under section 5307(d) of
title 5, the rate of basic pay payable for level II of the
Executive Schedule.
``(C) Notwithstanding the provisions of subsection (d) of section
5307 of title 5, the Secretary may make any certification under that
subsection instead of the Office of Personnel Management and without
concurrence of the Office of Management and Budget.''.
(2) <<NOTE: 38 USC 7404 note.>> Effective date.--The
amendments made by paragraph (1) shall take effect on the first
day of the first pay period beginning after the day that is 180
days after the date of the enactment of this Act.
(e) Special Incentive Pay for Department Pharmacist Executives.--
Section 7410 is amended--
(1) by striking ``The Secretary may'' and inserting the
following:
``(a) In General.--The Secretary may''; and
(2) by adding at the end the following new subsection:
``(b) Special Incentive Pay for Department Pharmacist Executives.--
(1) In order to recruit and retain highly qualified Department
pharmacist executives, the Secretary may authorize the Under Secretary
for Health to pay special incentive pay of not more than $40,000 per
year to an individual of the Veterans Health Administration who is a
pharmacist executive.
``(2) In determining whether and how much special pay to provide to
such individual, the Under Secretary shall consider the following:
``(A) The grade and step of the position of the individual.
[[Page 124 STAT. 1170]]
``(B) The scope and complexity of the position of the
individual.
``(C) The personal qualifications of the individual.
``(D) The characteristics of the labor market concerned.
``(E) Such other factors as the Secretary considers
appropriate.
``(3) Special incentive pay under paragraph (1) for an individual is
in addition to all other pay (including basic pay) and allowances to
which the individual is entitled.
``(4) Except as provided in paragraph (5), special incentive pay
under paragraph (1) for an individual shall be considered basic pay for
all purposes, including retirement benefits under chapters 83 and 84 of
title 5, and other benefits.
``(5) Special incentive pay under paragraph (1) for an individual
shall not be considered basic pay for purposes of adverse actions under
subchapter V of this chapter.
``(6) Special incentive pay under paragraph (1) may not be awarded
to an individual in an amount that would result in an aggregate amount
of pay (including bonuses and awards) received by such individual in a
year under this title that is greater than the annual pay of the
President.''.
(f) Pay for Physicians and Dentists.--
(1) Non-foreign cost of living adjustment allowance.--
Section 7431(b) is amended by adding at the end the following
new paragraph:
``(5) The non-foreign cost of living adjustment allowance
authorized under section 5941 of title 5 for physicians and
dentists whose pay is set under this section shall be determined
as a percentage of base pay only.''.
(2) Market pay determinations for physicians and dentists in
administrative or executive leadership positions.--Section
7431(c)(4)(B)(i) is amended by adding at the end the following:
``The Secretary may exempt physicians and dentists occupying
administrative or executive leadership positions from the
requirements of the previous sentence.''.
(3) Exception to prohibition on reduction of market pay.--
Section 7431(c)(7) is amended by striking ``concerned.'' and
inserting ``concerned, unless there is a change in board
certification or reduction of privileges.''.
(g) Adjustment of Pay Cap for Nurses.--Section 7451(c)(2) is amended
by striking ``level V'' and inserting ``level IV''.
(h) Exemption for Certified Registered Nurse Anesthetists From
Limitation on Authorized Competitive Pay.--Section 7451(c)(2) is further
amended by adding at the end the following new sentence: ``The maximum
rate of basic pay for a grade for the position of certified registered
nurse anesthetist pursuant to an adjustment under subsection (d) may
exceed the maximum rate otherwise provided in the preceding sentence.''.
(i) Increased Limitation on Special Pay for Nurse Executives.--
Section 7452(g)(2) is amended by striking ``$25,000'' and inserting
``$100,000''.
(j) Locality Pay Scale Computations.--
(1) Education, training, and support for facility directors
in wage surveys.--Section 7451(d)(3) is amended by adding at the
end the following new subparagraph:
``(F) The Under Secretary for Health shall provide appropriate
education, training, and support to directors of Department health
[[Page 124 STAT. 1171]]
care facilities in the conduct and use of surveys, including the use of
third-party surveys, under this paragraph.''.
(2) Information on methodology used in wage surveys.--
Section 7451(e)(4) is amended--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C) the
following new subparagraph (D):
``(D) In any case in which the director conducts such a wage
survey during the period covered by the report and makes
adjustment in rates of basic pay applicable to one or more
covered positions at the facility, information on the
methodology used in making such adjustment or adjustments.''.
(3) Disclosure of information to persons in covered
positions.--Section 7451(e), as amended by paragraph (2) of this
subsection, is further amended by adding at the end the
following new paragraph:
``(6)(A) <<NOTE: Reports.>> Upon the request of an individual
described in subparagraph (B) for a report provided under paragraph (4)
with respect to a Department health-care facility, the Under Secretary
for Health or the director of such facility shall provide to the
individual the most current report for such facility provided under such
paragraph.
``(B) An individual described in this subparagraph is--
``(i) an individual in a covered position at a Department
health-care facility; or
``(ii) a representative of the labor organization
representing that individual who is designated by that
individual to make the request.''.
(k) Eligibility of Part-Time Nurses for Additional Nurse Pay.--
(1) In general.--Section 7453 is amended--
(A) in subsection (a), by striking ``a nurse'' and
inserting ``a full-time nurse or part-time nurse'';
(B) in subsection (b)--
(i) in the first sentence--
(I) by striking ``on a tour of
duty'';
(II) by striking ``service on such
tour'' and inserting ``such service'';
and
(III) by striking ``of such tour''
and inserting ``of such service''; and
(ii) in the second sentence, by striking ``of
such tour'' and inserting ``of such service'';
(C) in subsection (c)--
(i) by striking ``on a tour of duty''; and
(ii) by striking ``service on such tour'' and
inserting ``such service''; and
(D) in subsection (e)--
(i) in paragraph (1), by striking ``eight
hours in a day'' and inserting ``eight consecutive
hours''; and
(ii) in paragraph (5)(A), by striking ``tour
of duty'' and inserting ``period of service''.
(2) Exclusion of application of additional nurse pay
provisions to certain additional employees.--Paragraph (3) of
section 7454(b) is amended to read as follows:
``(3) <<NOTE: Time period.>> Employees appointed under section 7408
of this title performing service on a tour of duty, any part of which is
within the period commencing at midnight Friday and ending at midnight
[[Page 124 STAT. 1172]]
Sunday, shall receive additional pay in addition to the rate of basic
pay provided such employees for each hour of service on such tour at a
rate equal to 25 percent of such employee's hourly rate of basic pay.''.
(l) Enhanced Authority To Increase Rates of Basic Pay To Obtain or
Retain Services of Certain Persons.--Section 7455(c) is amended to read
as follows:
``(c)(1) Subject to paragraph (2), the amount of any increase under
subsection (a) in the minimum rate for any grade may not (except in the
case of nurse anesthetists, licensed practical nurses, licensed
vocational nurses, nursing positions otherwise covered by title 5,
pharmacists, and licensed physical therapists) exceed the maximum rate
of basic pay (excluding any locality-based comparability payment under
section 5304 of title 5 or similar provision of law) for the grade or
level by more than 30 percent.
``(2) No rate may be established under this section in excess of the
rate of basic pay payable for level IV of the Executive Schedule.''.
SEC. 602. LIMITATIONS ON OVERTIME DUTY, WEEKEND DUTY, AND
ALTERNATIVE WORK SCHEDULES FOR NURSES.
(a) Overtime Duty.--
(1) In general.--Subchapter IV of chapter 74 is amended by
adding at the end the following new section:
``Sec. 7459. Nursing staff: special rules for overtime duty
``(a) Limitation.--Except as provided in subsection (c), the
Secretary may not require nursing staff to work more than 40 hours (or
24 hours if such staff is covered under section 7456 of this title) in
an administrative work week or more than eight consecutive hours (or 12
hours if such staff is covered under section 7456 or 7456A of this
title).
``(b) Voluntary Overtime.--(1) Nursing staff may on a voluntary
basis elect to work hours otherwise prohibited by subsection (a).
``(2) The refusal of nursing staff to work hours prohibited by
subsection (a) shall not be grounds--
``(A) to discriminate (within the meaning of section 704(a)
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-3(a))) against
the staff;
``(B) to dismiss or discharge the staff; or
``(C) for any other adverse personnel action against the
staff.
``(c) Overtime Under Emergency Circumstances.--(1) Subject to
paragraph (2), the Secretary may require nursing staff to work hours
otherwise prohibited by subsection (a) if--
``(A) the work is a consequence of an emergency that could
not have been reasonably anticipated;
``(B) the emergency is non-recurring and is not caused by or
aggravated by the inattention of the Secretary or lack of
reasonable contingency planning by the Secretary;
``(C) the Secretary has exhausted all good faith, reasonable
attempts to obtain voluntary workers;
``(D) the nurse staff have critical skills and expertise
that are required for the work; and
[[Page 124 STAT. 1173]]
``(E) the work involves work for which the standard of care
for a patient assignment requires continuity of care through
completion of a case, treatment, or procedure.
``(2) Nursing staff may not be required to work hours under this
subsection after the requirement for a direct role by the staff in
responding to medical needs resulting from the emergency ends.
``(d) Nursing Staff Defined.--In this section, the term `nursing
staff' includes the following:
``(1) A registered nurse.
``(2) A licensed practical or vocational nurse.
``(3) A nurse assistant appointed under this chapter or
title 5.
``(4) Any other nurse position designated by the Secretary
for purposes of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 74 is amended by inserting after the item
relating to section 7458 the following new item:
``7459. Nursing staff: special rules for overtime duty.''.
(b) Weekend Duty.--Section 7456 is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(c) Alternate Work Schedules.--
(1) In general.--Section 7456A(b)(1)(A) is amended by
striking ``three regularly scheduled'' and all that follows
through the period at the end and inserting ``six regularly
scheduled 12-hour tours of duty within a 14-day period shall be
considered for all purposes to have worked a full 80-hour pay
period.''.
(2) Conforming amendments.--Section 7456A(b) is amended--
(A) in the subsection heading, by striking ``36/40''
and inserting ``72/80'';
(B) in paragraph (2)(A), by striking ``40-hour basic
work week'' and inserting ``80-hour pay period''; and
(C) in paragraph (3), by striking ``regularly''.
SEC. 603. REAUTHORIZATION OF HEALTH PROFESSIONALS EDUCATIONAL
ASSISTANCE SCHOLARSHIP PROGRAM.
(a) In General.--Section 7618 is amended by striking ``December 31,
1998'' and inserting ``December 31, 2014''.
(b) Expansion of Eligibility Requirements.--Section 7612(b)(2) is
amended by striking ``(under section'' and all that follows through ``or
vocational nurse.'' and inserting the following: ``as an appointee under
paragraph (1) or (3) of section 7401 of this title.''.
(c) Additional Program Requirements.--Subchapter II of chapter 76,
as amended by subsections (a) and (b), is further amended--
(1) by redesignating section 7618 as section 7619; and
(2) by inserting after section 7617 the following new
section:
``Sec. 7618. Additional program requirements
``(a) Program Modification.--Notwithstanding any provision of this
subchapter, the Secretary shall carry out this subchapter after the date
of the enactment of this section by modifying the Scholarship Program in
such a manner that the program and hiring
[[Page 124 STAT. 1174]]
processes are designed to fully employ Scholarship Program graduates as
soon as possible, if not immediately, upon graduation and completion of
necessary certifications, and to actively assist and monitor graduates
to ensure certifications are obtained in a minimal amount of time
following graduation.
``(b) Clinical Tours.--The Secretary shall require participants in
the Scholarship Program to perform clinical tours in assignments or
locations determined by the Secretary while the participants are
enrolled in the course of education or training for which the
scholarship is provided.
``(c) Mentors.--The Secretary shall ensure that at the commencement
of the period of obligated service of a participant in the Scholarship
Program, the participant is assigned to a mentor who is employed in the
same facility where the participant performs such service.''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 76 is amended by striking the item relating to section 7618 and
inserting the following new items:
``7618. Additional program requirements.
``7619. Expiration of program.''.
SEC. 604. <<NOTE: 38 USC 7681 note.>> LOAN REPAYMENT PROGRAM FOR
CLINICAL RESEARCHERS FROM DISADVANTAGED
BACKGROUNDS.
(a) In General.--The Secretary of Veterans Affairs may, in
consultation with the Secretary of Health and Human Services, use the
authorities available in section 487E of the Public Health Service Act
(42 U.S.C. 288-5) for the repayment of the principal and interest of
educational loans of appropriately qualified health professionals who
are from disadvantaged backgrounds in order to secure clinical research
by such professionals for the Veterans Health Administration.
(b) Limitations.--The exercise by the Secretary of Veterans Affairs
of the authorities referred to in subsection (a) shall be subject to the
conditions and limitations specified in paragraphs (2) and (3) of
section 487E(a) of the Public Health Service Act (42 U.S.C. 288-5(a)(2)
and (3)).
(c) Funding.--Amounts for the repayment of principal and interest of
educational loans under this section shall be derived from amounts
available to the Secretary of Veterans Affairs for the Veterans Health
Administration for Medical Services.
TITLE VII--HOMELESS VETERANS MATTERS
SEC. 701. PER DIEM GRANT PAYMENTS TO NONCONFORMING ENTITIES.
Section 2012 is amended by adding at the end the following new
subsection:
``(d) Per Diem Payments to Nonconforming Entities.--(1) The
Secretary may make funds available for per diem payments under this
section to the following grant recipients or eligible entities:
``(A) Grant recipients or eligible entities that--
``(i) meet each of the transitional and supportive
services criteria prescribed by the Secretary pursuant
to subsection (a)(1); and
[[Page 124 STAT. 1175]]
``(ii) furnish services to homeless individuals, of
which less than 75 percent are veterans.
``(B) Grant recipients or eligible entities that--
``(i) meet at least one, but not all, of the
transitional and supportive services criteria prescribed
by the Secretary pursuant to subsection (a)(1); and
``(ii) furnish services to homeless individuals, of
which not less than 75 percent are veterans.
``(C) Grant recipients or eligible entities that--
``(i) meet at least one, but not all, of the
transitional and supportive services criteria prescribed
by the Secretary pursuant to subsection (a)(1); and
``(ii) furnish services to homeless individuals, of
which less than 75 percent are veterans.
``(2) Notwithstanding subsection (a)(2), in providing per diem
payments under this subsection, the Secretary shall determine the rate
of such per diem payments in accordance with the following order of
priority:
``(A) Grant recipients or eligible entities described by
paragraph (1)(A).
``(B) Grant recipients or eligible entities described by
paragraph (1)(B).
``(C) Grant recipients or eligible entities described by
paragraph (1)(C).
``(3) For purposes of this subsection, an eligible entity is a
nonprofit entity and may be an entity that is ineligible to receive a
grant under section 2011 of this title, but whom the Secretary
determines carries out the purposes described in that section.''.
TITLE VIII--NONPROFIT RESEARCH AND EDUCATION CORPORATIONS
SEC. 801. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.
(a) Authorization of Multi-medical Center Research Corporations.--
(1) In general.--Section 7361 is amended--
(A) by redesignating subsection (b) as subsection
(e); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) Subject to paragraph (2), a corporation established under
this subchapter may facilitate the conduct of research, education, or
both at more than one medical center. Such a corporation shall be known
as a `multi-medical center research corporation'.
``(2) The board of directors of a multi-medical center research
corporation under this subsection shall include the official at each
Department medical center concerned who is, or who carries out the
responsibilities of, the medical center director of such center as
specified in section 7363(a)(1)(A)(i) of this title.
``(3) In facilitating the conduct of research, education, or both at
more than one Department medical center under this subchapter, a multi-
medical center research corporation may administer receipts and
expenditures relating to such research, education, or both, as
applicable, performed at the Department medical centers concerned.''.
[[Page 124 STAT. 1176]]
(2) Expansion of existing corporations to multi-medical
center research corporations.--Such section is further amended
by adding at the end the following new subsection:
``(f) A corporation established under this subchapter may act as a
multi-medical center research corporation under this subchapter in
accordance with subsection (b) if--
``(1) the board of directors of the corporation approves a
resolution permitting facilitation by the corporation of the
conduct of research, education, or both at the other Department
medical center or medical centers concerned; and
``(2) the Secretary approves the resolution of the
corporation under paragraph (1).''.
(b) Restatement and Modification of Authorities on Applicability of
State Law.--
(1) In general.--Section 7361 as amended by subsection (a)
of this section, is further amended by inserting after
subsection (b) the following new subsection (c):
``(c) Any corporation established under this subchapter shall be
established in accordance with the nonprofit corporation laws of the
State in which the applicable Department medical center is located and
shall, to the extent not inconsistent with any Federal law, be subject
to the laws of such State. In the case of any multi-medical center
research corporation that facilitates the conduct of research,
education, or both at Department medical centers located in different
States, the corporation shall be established in accordance with the
nonprofit corporation laws of the State in which one of such Department
medical centers is located.''.
(2) <<NOTE: Repeal.>> Conforming amendment.--Section 7365 is
repealed.
(c) Clarification of Status of Corporations.--Section 7361, as
amended by this section, is further amended--
(1) in subsection (a), by striking the second sentence; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as otherwise provided in this subchapter or under
regulations prescribed by the Secretary, any corporation established
under this subchapter, and its officers, directors, and employees, shall
be required to comply only with those Federal laws, regulations, and
executive orders and directives that apply generally to private
nonprofit corporations.
``(2) A corporation under this subchapter is not--
``(A) owned or controlled by the United States; or
``(B) an agency or instrumentality of the United States.''.
(d) Reinstatement of Requirement for 501(c)(3) Status of
Corporations.--Subsection (e) of section 7361, as redesignated by
subsection (a)(1), is further amended by inserting ``section 501(c)(3)
of'' after ``exempt from taxation under''.
SEC. 802. CLARIFICATION OF PURPOSES OF CORPORATIONS.
(a) Clarification of Purposes.--Subsection (a) of section 7362 is
amended in the first sentence--
(1) by striking ``Any corporation'' and all that follows
through ``facilitate'' and inserting ``A corporation established
under this subchapter shall be established to provide a flexible
funding mechanism for the conduct of approved research and
education at one or more Department medical centers and to
facilitate functions related to the conduct of''; and
[[Page 124 STAT. 1177]]
(2) by inserting before the period at the end the following:
``or centers''.
(b) Modification of Defined Term Relating to Education and
Training.--Subsection (b) of such section is amended in the matter
preceding paragraph (1) by striking ``the term `education and training'
'' and inserting ``the term `education' includes education and training
and''.
(c) Repeal of Role of Corporations With Respect to Fellowships.--
Paragraph (1) of subsection (b) of such section is amended by striking
the flush matter following subparagraph (C).
(d) Availability of Education for Families of Veteran Patients.--
Paragraph (2) of subsection (b) of such section is amended by striking
``to patients and to the families'' and inserting ``and includes
education and training for patients and families''.
SEC. 803. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF
CORPORATIONS.
(a) Requirements for Department Board Members.--Paragraph (1) of
section 7363(a) is amended to read as follows:
``(1) with respect to the Department medical center--
``(A)(i) the director (or directors of each
Department medical center, in the case of a multi-
medical center research corporation);
``(ii) the chief of staff; and
``(iii) as appropriate for the activities of such
corporation, the associate chief of staff for research
and the associate chief of staff for education; or
``(B) in the case of a Department medical center at
which one or more of the positions referred to in
subparagraph (A) do not exist, the official or officials
who are responsible for carrying out the
responsibilities of such position or positions at the
Department medical center; and''.
(b) Requirements for Non-department Board Members.--Paragraph (2) of
such section is amended--
(1) by inserting ``not less than two'' before ``members'';
and
(2) by striking ``and who'' and all that follows through the
period at the end and inserting ``and who have backgrounds, or
business, legal, financial, medical, or scientific expertise, of
benefit to the operations of the corporation.''.
(c) Conflicts of Interest.--Subsection (c) of section 7363 is
amended by striking ``, employed by, or have any other financial
relationship with'' and inserting ``or employed by''.
SEC. 804. CLARIFICATION OF POWERS OF CORPORATIONS.
(a) In General.--Section 7364 is amended to read as follows:
``Sec. 7364. General powers
``(a) In General.--(1) A corporation established under this
subchapter may, solely to carry out the purposes of this subchapter--
``(A) accept, administer, retain, and spend funds derived
from gifts, contributions, grants, fees, reimbursements, and
bequests from individuals and public and private entities;
``(B) enter into contracts and agreements with individuals
and public and private entities;
[[Page 124 STAT. 1178]]
``(C) subject to paragraph (2), set fees for education and
training facilitated under section 7362 of this title, and
receive, retain, administer, and spend funds in furtherance of
such education and training;
``(D) reimburse amounts to the applicable appropriation
account of the Department for the Office of General Counsel for
any expenses of that Office in providing legal services
attributable to research and education agreements under this
subchapter; and
``(E) employ such employees as the corporation considers
necessary for such purposes and fix the compensation of such
employees.
``(2) Fees charged pursuant to paragraph (1)(C) for education and
training described in that paragraph to individuals who are officers or
employees of the Department may not be paid for by any funds
appropriated to the Department.
``(3) Amounts reimbursed to the Office of General Counsel under
paragraph (1)(D) shall be available for use by the Office of the General
Counsel only for staff and training, and related travel, for the
provision of legal services described in that paragraph and shall remain
available for such use without fiscal year limitation.
``(b) Transfer and Administration of Funds.--(1) Except as provided
in paragraph (2), any funds received by the Secretary for the conduct of
research or education at a Department medical center or centers, other
than funds appropriated to the Department, may be transferred to and
administered by a corporation established under this subchapter for such
purposes.
``(2) A Department medical center may reimburse the corporation for
all or a portion of the pay, benefits, or both of an employee of the
corporation who is assigned to the Department medical center if the
assignment is carried out pursuant to subchapter VI of chapter 33 of
title 5.
``(3) A Department medical center may retain and use funds provided
to it by a corporation established under this subchapter. Such funds
shall be credited to the applicable appropriation account of the
Department and shall be available, without fiscal year limitation, for
the purposes of that account.
``(c) Research Projects.--Except for reasonable and usual
preliminary costs for project planning before its approval, a
corporation established under this subchapter may not spend funds for a
research project unless the project is approved in accordance with
procedures prescribed by the Under Secretary for Health for research
carried out with Department funds. Such procedures shall include a
scientific review process.
``(d) Education Activities.--Except for reasonable and usual
preliminary costs for activity planning before its approval, a
corporation established under this subchapter may not spend funds for an
education activity unless the activity is approved in accordance with
procedures prescribed by the Under Secretary for Health.
``(e) Policies and Procedures.--The Under Secretary for Health may
prescribe policies and procedures to guide the spending of funds by
corporations established under this subchapter that are consistent with
the purpose of such corporations as flexible funding mechanisms and with
Federal and State laws and regulations, and executive orders, circulars,
and directives that apply generally to the receipt and expenditure of
funds by nonprofit
[[Page 124 STAT. 1179]]
organizations exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986.''.
(b) Conforming Amendment.--Section 7362(a), as amended by section
802(a)(1) of this Act, is further amended by striking the last sentence.
SEC. 805. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED
STATES CODE.
(a) Redesignation.--Section 7364A is redesignated as section 7365.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 73 is amended--
(1) by striking the item relating to section 7364A; and
(2) by striking the item relating to section 7365 and
inserting the following new item:
``7365. Coverage of employees under certain Federal tort claims laws.''.
SEC. 806. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS.
(a) Additional Information in Annual Reports.--Subsection (b) of
section 7366 is amended to read as follows:
``(b)(1) Each corporation shall submit to the Secretary each year a
report providing a detailed statement of the operations, activities, and
accomplishments of the corporation during that year.
``(2)(A) A corporation with revenues in excess of $500,000 for any
year shall obtain an audit of the corporation for that year.
``(B) A corporation with annual revenues between $100,000 and
$500,000 shall obtain an audit of the corporation at least once every
three years.
``(C) Any audit under this paragraph shall be performed by an
independent auditor.
``(3) The corporation shall include in each report to the Secretary
under paragraph (1) the following:
``(A) The most recent audit of the corporation under
paragraph (2).
``(B) The most recent Internal Revenue Service Form 990
`Return of Organization Exempt from Income Tax' or equivalent
and the applicable schedules under such form.''.
(b) Conflict of Interest Policies.--Subsection (c) of such section
is amended to read as follows:
``(c) Each director, officer, and employee of a corporation
established under this subchapter shall be subject to a conflict of
interest policy adopted by that corporation.''.
(c) Establishment of Appropriate Payee Reporting Threshold.--
Subsection (d)(3)(C) of such section is amended by striking ``$35,000''
and inserting ``$50,000''.
TITLE IX--CONSTRUCTION AND NAMING MATTERS
SEC. 901. AUTHORIZATION OF MEDICAL FACILITY PROJECTS.
(a) Authorization of Fiscal Year 2010 Major Medical Facility
Projects.--The Secretary of Veterans Affairs may carry out the following
major medical facility projects in fiscal year 2010, with each project
to be carried out in the amount specified for such project:
[[Page 124 STAT. 1180]]
(1) Construction (including acquisition of land) for the
realignment of services and closure projects at the Department
of Veterans Affairs Medical Center in Livermore, California, in
an amount not to exceed $55,430,000.
(2) Construction (including acquisition of land) for a new
medical facility at the Department of Veterans Affairs Medical
Center in Louisville, Kentucky, in an amount not to exceed
$75,000,000.
(3) Construction (including acquisition of land) for a
clinical expansion for a Mental Health Facility at the
Department of Veterans Affairs Medical Center in Dallas, Texas,
in an amount not to exceed $15,640,000.
(4) Construction (including acquisition of land) for a
replacement bed tower and clinical expansion at the Department
of Veterans Affairs Medical Center in St. Louis, Missouri, in an
amount not to exceed $43,340,000.
(b) Extension of Authorization for Major Medical Facility
Construction Projects Previously Authorized.--The Secretary of Veterans
Affairs may carry out the following major medical facility projects in
fiscal year 2010, as follows with each project to be carried out in the
amount specified for such project:
(1) Replacement of the existing Department of Veterans
Affairs Medical Center in Denver, Colorado, in an amount not to
exceed $800,000,000.
(2) Construction of Outpatient and Inpatient Improvements in
Bay Pines, Florida, in an amount not to exceed $194,400,000.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations for construction.--There
is authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal year 2010, or the year in which funds are
appropriated, for the Construction, Major Projects account--
(A) $189,410,000 for the projects authorized in
subsection (a); and
(B) $994,400,000 for the projects authorized in
subsection (b).
(2) Limitation.--The projects authorized in subsections (a)
and (b) may only be carried out using--
(A) funds appropriated for fiscal year 2010 pursuant
to the authorization of appropriations in paragraph (1);
(B) funds available for Construction, Major Projects
for a fiscal year before fiscal year 2010 that remain
available for obligation;
(C) funds available for Construction, Major Projects
for a fiscal year after fiscal year 2010 that remain
available for obligation;
(D) funds appropriated for Construction, Major
Projects for fiscal year 2010 for a category of activity
not specific to a project;
(E) funds appropriated for Construction, Major
Projects for a fiscal year before 2010 for a category of
activity not specific to a project; and
(F) funds appropriated for Construction, Major
Projects for a fiscal year after 2010 for a category of
activity not specific to a project.
[[Page 124 STAT. 1181]]
SEC. 902. DESIGNATION OF MERRIL LUNDMAN DEPARTMENT OF VETERANS
AFFAIRS OUTPATIENT CLINIC, HAVRE, MONTANA.
(a) Designation.--The Department of Veterans Affairs outpatient
clinic in Havre, Montana, shall after the date of the enactment of this
Act be known and designated as the ``Merril Lundman Department of
Veterans Affairs Outpatient Clinic''.
(b) References.--Any reference in any law, regulation, map,
document, record, or other paper of the United States to the outpatient
clinic referred to in subsection (a) shall be considered to be a
reference to the Merril Lundman Department of Veterans Affairs
Outpatient Clinic.
SEC. 903. DESIGNATION OF WILLIAM C. TALLENT DEPARTMENT OF VETERANS
AFFAIRS OUTPATIENT CLINIC, KNOXVILLE,
TENNESSEE.
(a) Designation.--The Department of Veterans Affairs Outpatient
Clinic in Knoxville, Tennessee, shall after the date of the enactment of
this Act be known and designated as the ``William C. Tallent Department
of Veterans Affairs Outpatient Clinic''.
(b) References.--Any reference in any law, regulation, map,
document, record, or other paper of the United States to the outpatient
clinic referred to in subsection (a) shall be considered to be a
reference to the William C. Tallent Department of Veterans Affairs
Outpatient Clinic.
SEC. 904. DESIGNATION OF MAX J. BEILKE DEPARTMENT OF VETERANS
AFFAIRS OUTPATIENT CLINIC, ALEXANDRIA,
MINNESOTA.
(a) Designation.--The Department of Veterans Affairs outpatient
clinic in Alexandria, Minnesota, shall after the date of the enactment
of this Act be known and designated as the ``Max J. Beilke Department of
Veterans Affairs Outpatient Clinic''.
(b) References.--Any reference in any law, regulation, map,
document, record, or other paper of the United States to the outpatient
clinic referred to in subsection (a) shall be considered to be a
reference to the Max J. Beilke Department of Veterans Affairs Outpatient
Clinic.
TITLE X--OTHER MATTERS
SEC. 1001. EXPANSION OF AUTHORITY FOR DEPARTMENT OF VETERANS
AFFAIRS POLICE OFFICERS.
Section 902 is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Employees of the Department who are Department police officers
shall, with respect to acts occurring on Department property--
``(A) enforce Federal laws;
``(B) enforce the rules prescribed under section 901 of this
title;
``(C) enforce traffic and motor vehicle laws of a State or
local government (by issuance of a citation for violation of
such laws) within the jurisdiction of which such Department
property is located as authorized by an express grant of
authority under applicable State or local law;
[[Page 124 STAT. 1182]]
``(D) carry the appropriate Department-issued weapons,
including firearms, while off Department property in an official
capacity or while in an official travel status;
``(E) conduct investigations, on and off Department
property, of offenses that may have been committed on property
under the original jurisdiction of Department, consistent with
agreements or other consultation with affected Federal, State,
or local law enforcement agencies; and
``(F) carry out, as needed and appropriate, the duties
described in subparagraphs (A) through (E) when engaged in
duties authorized by other Federal statutes.'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2); and
(C) in paragraph (2), as redesignated by
subparagraph (B) of this paragraph, by inserting ``, and
on any arrest warrant issued by competent judicial
authority'' before the period; and
(2) by amending subsection (c) to read as follows:
``(c) The powers granted to Department police officers designated
under this section shall be exercised in accordance with guidelines
approved by the Secretary and the Attorney General.''.
SEC. 1002. UNIFORM ALLOWANCE FOR DEPARTMENT OF VETERANS AFFAIRS
POLICE OFFICERS.
Section 903 is amended--
(1) by striking subsection (b) and inserting the following
new subsection (b):
``(b)(1) The amount of the allowance that the Secretary may pay
under this section is the lesser of--
``(A) the amount currently allowed as prescribed by the
Office of Personnel Management; or
``(B) estimated costs or actual costs as determined by
periodic surveys conducted by the Department.
``(2) During any fiscal year no officer shall receive more for the
purchase of a uniform described in subsection (a) than the amount
established under this subsection.''; and
(2) by striking subsection (c) and inserting the following
new subsection (c):
``(c) The allowance established under subsection (b) shall be paid
at the beginning of a Department police officer's employment for those
appointed on or after October 1, 2010. In the case of any other
Department police officer, an allowance in the amount established under
subsection (b) shall be paid upon the request of the officer.''.
SEC. 1003. SUBMISSION OF REPORTS TO CONGRESS BY SECRETARY OF
VETERANS AFFAIRS IN ELECTRONIC FORM.
(a) In General.--Chapter 1 is amended by adding at the end the
following new section:
``Sec. 118. Submission of reports to Congress in electronic form
``(a) In General.--Whenever the Secretary or any other official of
the Department is required by law to submit to Congress (or any
committee of either chamber of Congress) a report, the Secretary or
other official shall submit to Congress (or such committee) a copy of
the report in an electronic format.
[[Page 124 STAT. 1183]]
``(b) Treatment.--The submission of a copy of a report in accordance
with this section shall be treated as meeting any requirement of law to
submit such report to Congress (or any committee of either chamber of
Congress).
``(c) Report Defined.--For purposes of this section, the term
`report' includes any certification, notification, or other
communication in writing.''.
(b) Technical and Clerical Amendments.--The table of sections at the
beginning of chapter 1 is amended--
(1) by striking the item relating to section 117; and
(2) by adding at the end the following new items:
``117. Advance appropriations for certain medical care accounts.
``118. Reports to Congress: submission in electronic form.''.
SEC. 1004. DETERMINATION OF BUDGETARY EFFECTS FOR PURPOSES OF
COMPLIANCE WITH STATUTORY PAY-AS-YOU-GO
ACT OF 2010.
<<NOTE: Incorporation by reference.>> The budgetary effects of this
Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted prior to the
vote on passage.
Approved May 5, 2010.
LEGISLATIVE HISTORY--S. 1963:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD:
Vol. 155 (2009):
Nov. 19, considered and passed
Senate.
Vol. 156 (2010):
Apr. 21, considered and passed
House, amended.
Apr. 22, Senate concurred in House
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
May 5, Presidential remarks.
<all>