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H.R. 5029 (95th): Veterans Administration Programs Extension Act


The text of the bill below is as of Oct 26, 1978 (Passed Congress).


92 STAT. 1820                        PUBLIC LAW 95-520—OCT. 26, 1978

                     Public Law 95-520
                     95th Congress
                                                      An Act
 Oct. 26, 1978       To amend title 38, United States Code, to extend certain expiring programs of
  [H.R. 5029]          the Veterans' Administration, to extend and improve the program of veterans
                       readjustment appointments in the Federal Government, and for other purposes.

                        Be it enacted hy the Senate and House of Representatives of the
Veterans'             United States of America in Congress assemhled^ That this Act may
Administration       be cited as the "Veterans' Administration Programs Extension Act
Programs             of 1978".
Extension Act of        SEC. 2. Section 230(b) of title 38, United States Code, relating to
1978.
38 u s e 101 note.
                     the Veterans' Administration office in the Republic of the Philippines,
                     is amended by striking out "June 30, 1978" and inserting m lieu
                     thereof "September 30,1981".
                        SEC. 3. (a) Section 624(c) of title 38, United States Code, relating
                     to the veterans medical center in the Republic of the Philippines^ is
                     amended by striking out "Veterans Memorial Hospital" and inserting
                     in lieu thereof "Veterans Memorial Medical Center".
38 u s e 632.           (b) Section 632 of such title is amended—•
                              (1) by striking out "Veterans Memorial Hospital" each place
                           it appears in such section and inserting in lieu thereof in each
                           such place "Veterans Memorial Medical Center";
                              (2) in the matter in subsection (a) preceding clause (1) —
                                   (A) by striking out "a contract" and inserting in lieu
                                thereof "contracts"; and
                                   (B) by striking out "June 30, 1978" and inserting in lieu
                                thereof "September 30,1981";
                              (3) by striking out "July 1,1978" in subsection (b) and insert-
                           ing in lieu thereof "October 1,1981"; and
                              (4) by striking out "during the five years beginning July 1,
                           1973, and ending June 30, 1978—" in subsection (d) and insert-
                           ing in lieu thereof "occurring during the period beginning July 1,
                           1973, and ending September 30,1981—".
                        SEC. 4. Section 6(a) (2) of the Veterans' Administration Physician
                     and Dentist Pay Comparability Act of 1975 (Public Law 94-123; 89
38 u s e 4118        Stat. 669), relating to the expiration of authority to enter into special
note.                pay agreements, is amended by striking out "September 30, 1978"
                     and inserting in lieu thereof "September 30,1981".
                        SEC. 5. Section 601(4) (C) of title 38, United States Code, relating
                     to contract-care medical facilities, is amended by striking out "(v)
                     hospital care" and all that follows through "December 31, 1978" and
                     inserting in lieu thereof "(v) hospital care, or medical services that
                     will obviate the need for hospital admission, for veterans in a State
                     not contiguous to the forty-eight contiguous States, except that the
                     annually determined hospital patient load and incidence of the pro-
                     vision of medical services to veterans hospitalized or treated at the
                     expense of the Veterans' Administration in Government and private
                      facilities in each such noncontiguous State shall be consistent with the
                     patient load or incidence of the provision of medical services for veter-
                     ans hospitalized or treated by the Veterans' Administration within the
                      forty-eight contiguous States, but the authority of the Administrator
                     under this subclause (except with respect to Alaska and Hawaii) shall

PUBLIC LAW 95-520—OCT. 26, 1978 92 STAT. 1821 expire on December 31, 1981, and until such date the Administrator may, if necessary to prevent hardship, waive the applicability to the Commonwealth of Puerto Eico and to the Virgin Islands of the restric- tions in this subclause with respect to hospital patient loads and inci- dence of provision of medical services". SEC. 6. (a) Section 2012(b) of title 38, United States Code, relating to veterans' employment emphasis under Federal contracts, is amended by inserting after "veterans" a comma and "or if any veteran who is entitled to disability compensation under the laws administered by the Veterans' Administration believes that any such contractor has dis- criminated against such veteran because such veteran is a handicapped individual within the meaning of section 7(6) of the Eehabilitation Act of 1973 (29 U.S.C. 706(6))". (b) (1) Subsection (b) of section 2014 of such title, relating to vet- 38 USC 2014 erans readjustment appointments within the Federal Government, is amended to read as follows: "(b) (1) To further the policy stated in subsection (a) of this sec- Vietnam tion, veterans of the Vietnam era shall be eligible, in accordance with veterans. regulations which the Civil Service Commission shall prescribe, for veterans readjustment appointments, and for subsequent career-condi- tional appointments, under the terms and conditions specified in Execu- tive Order Numbered 11521 (March 26, 1970), except that— 5 u s e 3302 note. "(A) such an appointment may be made up to and including the level GS-7 or its equivalent; "(B) a veteran of the Vietnam era shall be eligible for such an appointment without any time limitation with respect to eligibility for such an appointment; and "(C) a veteran of the Vietnam era who is entitled to disability compensation under the laws administered by the Veterans' Administration or whose discharge or release from active duty was for a disability incurred or aggravated in line of duty shall be eligible for such an appointment without regard to the number of years of education completed by such veteran. "(2) In this subsection, the term 'veteran of the Vietnam era' has the "Veteran of the meaning given such term in section 2011(2) (A) of this title. Vietnam era." "(3) No veterans readjustment appointment may be made under 38 USC 2011. authority of this subsection after September 30,1981.^'. (2) Subsection (d) of such section is amended (A) by striking out Report. "thereof" in the second sentence and inserting in lieu thereof "of this section", and (B) by adding at the end of such subsection the following new sentence: "Each report under the preceding sentence shall include in the specification of the use and extent of appointments made under subsection (b) of this section the following information (shown for all veterans and separately for veterans described in subsection (b) (1) (C) of this section and other veterans) : "(1) The number of appointments made under such subsection since_ the last such report and the grade levels in which such appointments were made. " (2) The number of individuals receiving appointments under such subsection whose appointments were converted to career con- ditional appointments, or whose employment under such an appointment has terminated, since the last such report, together with a complete listing of categories of causes of appointment terminations and the number of such individuals whose employ- ment has terminated falling into each such category.
92 STAT. 1822 PUBLIC LAW 95-520—OCT. 26, 1978 "(3) The number of such terminations since the last such report that were initiated by the department, agency, or instru- mentality involved and the number of such terminations since the last such report that were initiated by the individual involved. "(4) A description of the education and training programs in which individuals appointed under such subsection are participat- ing at the time of such report.-'. 38 use 2014. (3) Subsection (f) of such section is amended by inserting "subsec- tion (a) of" after "as used in". SEC. 7. Section 5082 of title 38, United States Code, relating to authorizations of appropriations, is amended by adding at the end thereof the following new subsection: Appropriation "(c) There is authorized to be appropriated for fiscal year 1979 to authorization. carry out the programs authorized tmder this chapter such sums as may be necessary (1) to make to institutions with which the Adminis- 38 use 5071. trator has entered into agreements under subchapter I of this chapter supplemental grants for which the Administrator had, before May 1, 1978, approved applications from such institutions, and (2) to meet fully the commitments made by the Administrator before May 1,1978, for grants and applications approved under authority of tliis subchap- 38 use 5071, ter and subchapters I I I and IV of this chapter, except that no funds 5091, 5096. appropriated under this subsection may be used for grants and appli- cations approved under this subchapter and such subchapters I I I and IV until the full amounts for which applications had been so approved have been obligated under such subchapter I.". Report to SEC. 8. (a) Not later than February 1, 1980, the Administrator of Congress and Veterans' Affairs shall submit a report to the Congress and to the President. President on the furnishing by the Veterans' Administration of hos- 38 u s e 601 note. pital care and medical services in the Commonwealth of Puerto Rico and in the Virgin Islands. The Administrator shall inchide in such report— (1) a comprehensive assessment of the health-care needs of veterans in the Commonwealth of Puerto Rico and in the Virgin Islands; Report. (2) a detailed report on the hospital care and medical services furnished or to be furnished to such veterans during fiscal years 1975 through 1981, with information in such report shown with respect to the number of veterans treated or to be treated, the facilities at which such care and services are furnished or to be fui-nished, and the extent to Avhich such care and services are furnished or are to be furnished for the treatment of veterans for service-connected disabilities of any degree and of veterans with service-connected disabilities rated at 50 per centum or more; and (3) recommendations as to how the health-care needs of such veterans can best be addressed within the existing authority of the Administrator of Veterans' Affairs and what additional authority, if any, is necessary and desirable to meet such needs. (b) In making recommendations under subsection (a)(3), the Administrator shall take into consideration—• (1) the state of the economy in the Commonwealth of Puerto Rico and in the Virgin Islands; (2) alternative sources of health-care services that would be available to veterans in the Commonwealth of Puerto Rico and in the Virgin Islands if the health-care services furnished by the Veterans' Administration for non-service-connected disabilities were substantially reduced;
PUBLIC LAW 95-520—OCT. 26, 1978 92 STAT. 1823 (3) the desirability of equitable distribution of Veterans' Administration health-care resources; and (4) the higher priority established by law for the care and treatment of service-connected disabilities. SEC. 9. There is authorized to be appropriated for fiscal year 1979 Appropriation, the sum of $5,000,000 to enable the Administrator of Veterans' Affairs authorization, to implement the Veterans' and Survivors' Pension Improvement Act of 1978. Amounts appropriated pursuant to the preceding sentence shall remain available during the one-year period beginning on the date of the enactment of such Act and may be used to carry out a program of public information and advertising designed to advise fully all persons who may be affected by the provisions of such Act of the provisions of such Act, including the manner in which such Act may affect them and any rights they may have under such Act. Approved October 26, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-111 (Comm. on Veterans' Affairs). SENATE REPORT No. 95-825 (Comm. on Veterans' Affairs). CONGRESSIONAL RECORD: VoL 123 (1977): Apr. 4, considered and passed House. Vol. 124 (1978): May 26, considered and passed Senate, amended. Oct. 13, House concurred in Senate amendments with amend- ments. Oct. 15, Senate concurred in House amendments.