The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“VA HEALTH CARE DELIVERY ACT” mentioning the U.S. Dept of Labor was published in the Senate section on pages S563-S566 on Jan. 30, 1996.
The publication is reproduced in full below:
VA HEALTH CARE DELIVERY ACT
Mr. LOTT. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representatives on H.R. 2353, a bill to amend title 38, United States Code, to extend certain expiring authorities of the Department of Veterans Affairs relating to delivery of health and medical care, and for other purposes.
The PRESIDING OFFICER laid before the Senate the following message from the House of Representatives:
Resolved, That the House agree to the amendments of the Senate to the bill (H.R. 2353) entitled ``An Act to amend title 38, United States Code, to extend certain expiring authorities of the Department of Veterans Affairs relating to delivery of health and medical care, and for other purposes'', with the following amendments:
In lieu of the matter inserted by said amendment, insert:
TITLE I--EXTENSIONS OF AUTHORITY
SEC. 101. EXTENSION OF AUTHORITIES UNDER TITLE 38, UNITED
STATES CODE.
(a) Authority To Provide Priority Health Care for Certain Veterans Exposed to Toxic Substances.--(1) Section 1710(e)(3) of title 38, United States Code, is amended by striking out
``after June 30, 1995,'' and all that follows through
``December 31, 1995'' and inserting in lieu thereof ``after December 31, 1996''.
(2) Section 1712(a)(1)(D) of such title is amended by striking out ``December 31, 1995,'' and inserting in lieu thereof ``December 31, 1996,''.
(b) Drug and Alcohol Abuse and Dependence.--Section 1720A(e) of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''.
(c) Pilot Program for Noninstitutional Alternatives to Nursing Home Care.--Section 1720C(a) of such title is amended by striking out ``September 30, 1995,'' and inserting in lieu thereof ``December 31, 1997,''.
(d) Negotiated Interest Rates.--Section 3703(c)(4) of such title is amended by striking out subparagraph (D).
(e) Mortgages for Energy Efficient Improvements.--Section 3710(d) of such title is amended by striking out paragraph
(7).
(f) Enhanced Loan Asset Sale Authority.--Section 3720(h)(2) of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1996''.
(g) Authority of Lenders of Automatically Guaranteed Loans To Review Appraisals.--Section 3731(f) of such title is amended by striking out paragraph (3).
(h) Agreements for Housing Assistance for Homeless Veterans.--Section 3735(c) of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''.
(i) Use of Data on Compensation for Certified Registered Nurse Anesthetists.--Section 7451(d)(3)(C)(iii) of such title is amended by striking out ``April 1, 1995'' and inserting in lieu thereof ``January 1, 1998''.
(j) Health Professional Scholarship Program.--Section 7618 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''.
(k) Enhanced-Use Leases of Real Property.--Section 8169 of such title is amended by striking out ``December 31, 1995'' and inserting in lieu thereof ``December 31, 1997''.
SEC. 102. EXTENSION OF AUTHORITIES UNDER OTHER PROVISIONS OF
LAW.
(a) Authority for Community-Based Residential Care for Homeless Chronically Mentally Ill Veterans and Other Veterans.--Section 115(d) of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note) is amended by striking out ``September 30, 1995'' and inserting in lieu thereof ``December 31, 1997''.
(b) Demonstration Program of Compensated Work Therapy.--Section 7(a) of Public Law 102-54 (38 U.S.C. 1718 note) is amended by striking out ``fiscal years 1991 through 1995'' and inserting in lieu thereof ``the period beginning on October 1, 1991, and ending on December 31, 1997,''.
(c) Services and Assistance to Homeless Veterans.--The Homeless Veterans Comprehensive Service Programs Act of 1992
(Public Law 102-590; 38 U.S.C. 7721 note) is amended--
(1) in section 2, by striking out ``September 30, 1995,'' and inserting in lieu thereof ``September 30, 1997,'';
(2) in section 3(a)--
(A) by inserting ``(1)'' before ``Subject to'';
(B) by striking out ``fiscal years 1993, 1994, and 1995,''; and
(C) by adding at the end the following new paragraph:
``(2) The authority of the Secretary to make grants under this section expires on September 30, 1997.''; and
(3) in section 12, by striking out ``each of the fiscal years 1993, 1994, and 1995'' and inserting in lieu thereof
``each of fiscal years 1993 through 1997''.
(d) Homeless Veterans' Reintegration Projects.--(1) Section 738(e)(1) of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11448(e)(1)) is amended by adding at the end the following:
``(D) $10,000,000 for fiscal year 1996.''.
(2) Section 741 of such Act (42 U.S.C. 11450) is amended by striking out ``October 1, 1995'' and inserting in lieu thereof ``December 31, 1997''.
SEC. 103. RATIFICATION OF ACTIONS TAKEN DURING PERIOD OF
EXPIRED AUTHORITY.
Any action taken by the Secretary of Veterans Affairs before the date of the enactment of this Act under a provision of law amended by this title that was taken during the period beginning on the date on which the authority of the Secretary under that provision of law expired and ending on the date of the enactment of this Act shall be considered to have the same force and effect as if the amendment to that provision of law made by this title had been in effect at the time of that action.
TITLE II--OTHER PROVISIONS
SEC. 201. CODIFICATION OF HOUSING REPORTING REQUIREMENTS AND
CHANGES IN THEIR FREQUENCY.
(a) Codification of Housing Related Reporting Requirements.--(1) Chapter 37 of title 38, United States Code, is amended by adding after section 3735 the following new section:
``Sec. 3736. Reporting requirements
``The annual report required by section 529 of this title shall include a discussion of the activities under this chapter. Beginning with the report submitted at the close of fiscal year 1996, and every second year thereafter, this discussion shall include information regarding the following:
[[Page S564]]
``(1) Loans made to veterans whose only qualifying service was in the Selected Reserve.
``(2) Interest rates and discount points which were negotiated between the lender and the veteran pursuant to section 3703(c)(4)(A)(i) of this title.
``(3) The determination of reasonable value by lenders pursuant to section 3731(f) of this title.
``(4) Loans that include funds for energy efficiency improvements pursuant to section 3710(a)(10) of this title.
``(5) Direct loans to Native American veterans made pursuant to subchapter V of this chapter.''.
(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3735 the following new item:
``3736. Reporting requirements.''.
(b) Repeal of Superseded Reporting Requirements.--The Veterans Home Loan Program Amendments of 1992 (Public Law 102-547; 106 Stat. 3633) is amended by striking out sections 2(c), 3(b), 8(d), 9(c), and 10(b).
SEC. 202. OTHER REPORT REQUIREMENTS.
(a) Report on Consolidation of Certain Programs.--The Secretary of Veterans Affairs shall submit to Congress, not later than March 1, 1997, a report on the advantages and disadvantages of consolidating into one program the following three programs:
(1) The alcohol and drug abuse contract care program under section 1720A of title 38, United States Code.
(2) The program to provide community-based residential care to homeless chronically mentally ill veterans under section 115 of the Veterans' Benefits and Services Act of 1988 (38 U.S.C. 1712 note).
(3) The demonstration program under section 7 of Public Law 102-54 (38 U.S.C. 1718 note).
(b) Health Professional Scholarship Program.--(1) The Secretary shall submit to Congress, not later than March 31, 1997, a report setting forth the results of a study evaluating the operation of the health professional scholarship program under subchapter II of chapter 76 of title 38, United States Code. The study shall evaluate the efficacy of the program with respect to recruitment and retention of health care personnel for the Department of Veterans Affairs and shall compare the costs and benefits of the program with the costs and benefits of alternative methods of ensuring adequate recruitment and retention of such personnel.
(2) The Secretary shall carry out the study under this paragraph through a private contractor. The report under paragraph (1) shall include the report of the contractor and the comments, if any, of the Secretary on that report.
(c) Enhanced Use Leases.--The Secretary shall submit to Congress, not later than March 31, 1997, a report evaluating the operation of the program under subchapter V of chapter 81 of title 38, United States Code.
SEC. 203. CONTRACTS FOR UTILITIES, AUDIE L. MURPHY MEMORIAL
HOSPITAL.
(a) Authority To Contract.--Subject to subsection (b), the Secretary of Veterans Affairs may enter into contracts for the provision of utilities (including steam and chilled water) to the Audie L. Murphy Memorial Hospital in San Antonio, Texas. Each such contract may--
(1) be for a period not to exceed 35 years;
(2) provide for the construction and operation of a production facility on or near property under the jurisdiction of the Secretary;
(3) require capital contributions by the parties involved for the construction of such a facility, such contribution to be in the form of cash, equipment, or other in-kind contribution; and
(4) provide for a predetermined formula to compute the cost of providing such utilities to the parties for the duration of the contract.
(b) Funds.--A contract may be entered into under subsection
(a) only to the extent as provided for in advance in appropriations Acts.
(c) Additional Terms.--The Secretary may include in a contract under subsection (a) such additional provisions as the Secretary considers necessary to secure the provision of utilities and to protect the interests of the United States.
In lieu of the Senate amendment to the title of the bill, amend the title so as to read: ``An Act to amend title 38, United States Code, to extend the authority of the Secretary of Veterans Affairs to carry out certain programs and activities, to require certain reports from the Secretary of Veterans Affairs, and for other purposes.''.
Mr. SIMPSON. Mr. President, I am pleased to rise to comment briefly today, as chairman of the Veterans' Affairs Committee, on an important and, I think, noncontroversial piece of legislation to extend the effective dates of certain legal authorities under which the Department of Veterans Affairs [VA] operates.
The extension of each, and all, of legal authorities which are before the Senate today has previously been approved by the Senate. Specifically, this body approved the extension of each of these provisions on January 5, 1996, when it approved S.991, as amended. The Senate then substituted the text of S. 991, as so approved, into H.R. 2353, and sent that legislation back to the other body. We anticipated at that time that the House would approve these noncontroversial provisions--and, indeed, the House has approved them. The House, however, has made certain additional amendments to the Senate-passed bill which necessitate further consideration of the bill by this body.
To summarize, this is what the House has done to change the Senate-
approved bill: first, it made permanent certain authorities pertaining to VA's home loan program that the Senate would have extended, on an interim basis, for 2 years only; second, it extended the maximum allowable timeframe for which VA may enter into a particular lease transaction in order to facilitate the construction of a power plant on the grounds of the VA Medical Center in San Antonio, TX; and, third, with respect to certain programs being extended by the Senate-approved bill, the House amendments would either modify existing reporting requirements or, in three instances, impose new reporting requirements on VA, in order that the Congress might be in a better position in the future to decide whether to extend these provisions again.
Mr. President, these amendments are not objectionable. I will only comment at more length on one of them: the House amendment to make permanent VA's authority to guarantee home mortgage loans with interest rates set by the marketplace--instead of by VA officials. I heartily support this amendment.
Three years ago, the Congress enacted legislation to authorize VA, for the first time, to guarantee home mortgage loans having interest rates set by the marketplace. Before 1992, the maximum allowable interest rate that a veteran could be charged on a VA-guaranteed home loan was set by the VA. As I explained in my floor statement on January 5, 1996, this attempt to ``protect'' veterans caused market disruptions and did not result in any real benefit to veteran home purchasers. In cases where the VA-set ``ceiling'' rate was set too low, home sellers typically upped the price of the house to be sold or, worse, they refused to deal with veteran-purchasers.
When the Senate approved an extension in VA's authority to guarantee loans with market-set interest rates on January 5, I said that the Committee would be holding hearings on this issue with an eye toward making this legal authority permanent. The committee's membership, and our colleagues in the other body, however, are willing to make this authority permanent now. I certainly have no objection to proceeding now to ``let'' the marketplace--rather than VA bureaucrats--set mortgage interest rates; I never thought it made sense in the first place to put a ``sunset'' date in the provision which allows reliance on the marketplace. Therefore, I support the House amendment, and I am pleased to be able to make permanent the home loan authorities enacted in 1992.
The other House modifications require less explanation. One would extend the maximum term for which a VA Medical Center, in San Antonio, TX, could lease its land in order to facilitate the construction by the local utility of a power plant on VA grounds from which VA could buy inexpensive power. This transaction--at least at this particular medical center--clearly appears to make sense. The other amendments would ease VA reporting burdens--a concept that I certainly support--
and, in three instances, add new reporting requirements. While I am less than enthusiastic about layering yet more statutory reporting requirements on VA, perhaps these reports will be useful. In any case, I do not intend to delay this overdue legislation further by objecting to these reporting requirements.
Otherwise, Mr. President, the bill contains no significant modification relative to the bill already approved by the Senate. As explained in greater length in my floor statement of January 5, 1996, the bill will extend VA authority to grant to so-called ``environmental veterans''--those who were exposed to ionizing radiation during service; those who served in the Republic of Vietnam and who are, therefore, ``presumed'' to have been exposed to dioxin; and those who served in the Persian Gulf War and who may have possibly been exposed to some presently unknown toxic substances or other environmental hazards--to priority access to VA hospital care services. That authority will be extended through this year, during which the committee intends to examine closely an entire range of issues associated with VA's standards for eligibility for health care services.
It would also extend VA's legal authority to contract for drug and alcohol abuse treatment services. It would extend a number of legal authorities under which VA either itself provides, or contracts for others to provide, health care and other services to homeless veterans. It would extend VA's current pilot program on noninstitutional alternatives to nursing home care. It would also extend: VA's Health Professional Scholarship Program; VA's authority to use local pay surveys to determine the appropriate level of locality pay for VA nurse anesthetists; and VA's authority to enter into certain property leasing transactions. It would extend--and make permanent--previously enacted home loan authorities including: VA's authority to guarantee home loans having market-set interest rates; VA's authority to guarantee ``energy efficient'' mortgages; and VA's authority to allow lenders access to appraisals on the properties they finance. Finally, it would extend VA's ``enhanced loan asset sale authority,'' an authority which facilitates the marketing of instruments by which sales of foreclosed VA-owned properties are financed.
As I have noted, Mr. President, these provisions have previously been approved by the Senate, and there was no previous controversy with respect to any of them. The changes made by the other body are not objectionable to me. Nor have any other members of the Veterans' Affairs, Committee raised objection. Accordingly, I urge my colleagues to approve these measures, as amended by the other body, in order that we might put into place now-expired VA legal conditions without further delay.
Mr. President, I appreciate the time that has been afforded me and I yield back the remainder of my time.
Mr. ROCKEFELLER. Mr. President, as the ranking minority member of the Committee on Veterans' Affairs, I urge the Senate to give its unanimous support to the pending measure, H.R. 2353. This legislation is the final compromise on legislation reported by the Committee on Veterans' Affairs on September 20, 1995, and originally passed by the Senate on January 5, 1996. The debate on the original Senate passage begins on page S102 of the Record for January 5. The House passed this compromise on January 25, 1996.
This legislation would extend a variety of veterans programs and authorities that have expired. The proposed extensions are relatively short-term ones--1 or 2 years--to ensure that the program or authority remains in place while the committee takes the opportunity to review the various issues in more detail.
Mr. President, I regret the delay in the final action on this legislation--first in the Senate, and now at final passage, when the House, rather than passing the bill as passed by the Senate, returned it to us after a delay so that certain very minor provisions--which I will describe in a moment--could be added to this measure. This is a simple extender bill, and it should have been passed months ago. We should not be in the situation of allowing Government benefits and programs to expire. We must do better.
Mr. President, there is no objection as far as I know to any of the provisions in the bill as it comes before the Senate today. I urge its swift enactment so that it can reach the President as soon as possible for his signature.
SUMMARY OF PROVISIONS
Mr. President, the bill as amended by the House and now pending in the Senate contains 20 substantive provisions--15 of which provide for the extension of programs and authorities--the vast majority of which are the same as the Senate-passed provisions--and five provisions added by the House, four of which require reports from VA and one relating to the furnishing of utilities at a VA medical center.
I will first describe briefly the provisions which extend programs and authorities, noting any changes from the provisions as passed by the Senate on January 5. I will then briefly describe the provisions added by the House.
The provisions which would provide for extensions of programs and authorities would:
First, extend until December 31, 1996, the special eligibility for VA inpatient care which is accorded to certain veterans--those exposed to ionizing radiation from nuclear weapons tests or the occupation of Japan following World War II; Vietnam veterans exposed to herbicides during their service; and Persian Gulf war veterans exposed to environmental hazards during their service. Any care furnished to veterans exposed to radiation or herbicides pursuant to this authority between its expiration on June 30, 1995, and the date of enactment of this measure, would be ratified.
Second, extend until December 31, 1996, the special eligibility for VA outpatient care accorded to Persian Gulf war veterans.
Third, extend until December 31, 1997, VA's authority to contract for community-based drug and alcohol care.
Fourth, extend until December 31, 1997, VA's pilot program of noninstitutional alternatives to nursing home care.
Fifth, make permanent VA's authority to guarantee loans which bear an interest rate negotiated between the veteran and the lender. The Senate-passed bill would have extended this authority for 2 years.
Sixth, make permanent VA's authority to guarantee loans that include costs related to making energy efficiency improvements to the dwelling that is the object of the loan. The Senate-passed bill would have extended this authority for 2 years.
Seventh, extend until December 31, 1996, VA's enhanced loan asset sale authority pursuant to which VA guarantees the timely payment of principal and interest to purchasers of real estate mortgage investment conduits.
Eighth, make permanent VA's authority to permit a lender who is authorized to make loans which are automatically guaranteed to review appraisals. The Senate-passed bill would have extended this authority for 2 years.
Ninth, extend until December 31, 1997, VA's authority to enter into agreements with nonprofit organizations and State and local governments whereby such entities acquire real property, or the use of such property, from VA in order to furnish services to homeless veterans.
Tenth, extend until December 31, 1997, VA's authority to use data on compensation paid to nurse anesthetists who work on a contract basis for non-VA entities in determining appropriate locality pay for nurse anesthetists who work for VA.
Eleventh, extend until December 31, 1997, VA's Health Professional Scholarship Program.
Twelfth, extend until December 31, 1997, VA's authority to enter into enhanced-use leases with non-VA entities.
Thirteenth, extend until December 31, 1997, VA's program of community-based residential care for homeless chronically mentally ill veterans.
Fourteenth, extend until December 31, 1997, VA's authority to carry out a demonstration program of compensated work therapy and therapeutic transitional housing.
Fifteenth, extend until September 30, 1997, VA's authority to make grants to entities for the purpose of furnishing services and assistance to homeless veterans.
Sixteenth, extend until September 30, 1997, the Department of Labor's homeless veterans' reintegration projects and authorize appropriation of $10 million for this program.
Mr. President, as I noted, the House added five provisions to the bill as passed by the Senate. Four of these provision would relate to reports from VA--on housing programs; on the desirability of consolidating certain community-based programs; on the efficacy of VA's Health Professional Scholarship Program; and on the operation of VA's enhanced-use lease programs. The fifth provision authorizes VA to enter into contracts of up to 35 years' duration for the provision of utilities at the San Antonio VA medical center.
Without getting into the merits of any of these provisions--beyond wondering, in this time of budgetary constraints, about the costs associated with generating the various reports--I must express my inability to understand why they were seen as so important at this time as to necessitate delaying the extender provisions.
CONCLUSION
Mr. President, the principal point of this legislation is to extend a number of important VA authorities and programs, and I urge all of my Senate colleagues to support it. As I noted at the outset, our consideration of this bill was delayed, first in the Senate because of unrelated concerns, and more recently, by the House, over the inclusion of the report provisions. It is vital that we act as quickly as possible to reauthorize the various programs and authorities.
Mr. President, I express my appreciation to the majority staff of the committee, particularly Bill Tuerk, for their work on this legislation.
Mr. President, I urge the Senate to give its unanimous approval to this measure.
Mr. LOTT. Mr. President, I ask unanimous consent that the Senate concur with the amendments of the House to the Senate amendments, and that any statements relating to the bill appear at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
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