Pub. L. 100-322, tit. I, pt. A, sec. 107

READJUSTMENT COUNSELING PROGRAM.

EnactedYear: 1988Length: 1,077 wordsOfficial source
SEC. 107. READJUSTMENT COUNSELING PROGRAM. (a) Repeal of Transition Requirement.— Subsection (g)(1) of section 612A is amended to read as follows: “(g) (1) (A) The Administrator may close or relocate a center in e)(istence on January 1, 1988, only as described in the national plan required by paragraph (3) of this subsection (or in a revision to such plan under paragraph (4) of this subsection in which the closure or relocation of that center is proposed). “(B) A closure or relocation of a center which is proposed in such national plan may be carried out only after the end of the 120-day period beginning on the date on which the national plan is submitted. A closure or relocation of a center not proposed in such plan may be carried out only after the end of the 60-day period beginning on the date the Administrator submits a revision to such plan in which the closure or relocation of that center is proposed.”. (b) Change in Report Deadline.— Paragraph (2)(A) of section 612A(g) is amended— (1) by striking out “April 1, 1987” and inserting in lieu thereof “April 1, 1988”; and (2) by striking out “(or” and all that follows through “available)”. (c) Requirement for a National Plan.— Section 612A(g) is further amended by striking out paragraphs (3) and (4) and inserting in lieu thereof the following: “(3) (A) The Administrator, after considering the recommendations of the Chief Medical Director, shall submit to such committees a report setting forth a national plan for all centers in e)(istence on January 1, 1988. Such national plan shall set forth the Administrator’s proposals as to each such center for a period (to be determined by the Administrator) of not less than 12 months beginning on the date of the submission of the report. The plan shall include, as to each center, whether the Administrator proposes to relocate the center to a general Veteran’ Administration facility, relocate the center to a new location away from a general Veterans’ Administration facility, expand the center in the same location, or close the center. The plan shall also set forth any proposal of the Administrator to open additional centers. “(B) The plan shall include the Administrator’s evaluation as to how, in light of each of the criteria described in subparagraph (C) of this paragraph, the proposal set forth in the plan for each center covered by the plan would ensure the continued availability and 102 STAT. 495effective furnishing of readjustment counseling services to eligible veterans needing such services in the geographic area served by that center. “(C) The Administrator shall make the evaluation described in subparagraph (B) of this paragraph with respect to any center in light of the following: “(i) The distribution of Vietnam-era veterans in the geographic area served by the center and the relationships between the location of such center and the general Veterans’ Administration facility and such distribution. “(ii) The distance between the center and the general Veterans’ Administration facility. “(iii) The availability of other entities (such as State, local, or private outreach facilities) which provide assistance to Vietnam-era veterans in the area served by the center. “(iv) The availability of transportation to, and parking at, the center and the general Veteran’ Administration facility. “(v) The availability, cost, and suitability of the space at the general Veterans’ Administration facility. “(vi) The overall cost impact of the proposed closure or relocation, including a comparison of the recurring nonpersonnel costs of providing readjustment counseling to the same estimated number of veterans at the center and the general Veterans’ Administration facility. “(vii) The workload trends over the two previous fiscal years, and projected over the next fiscal year (or longer), at the center. “(viii) Such other factors as the Administrator determines to be relevant to making the evaluation described in subparagraph (B) of this paragraph. “(D) For the purposes of this paragraph, the term ‘general Veteran’ Administration facility’ means a Veterans’ Administration facility which is not a center and at which readjustment counseling would be furnished in a particular geographic area upon the closure or relocation of a center. “(4) After submitting the plan required by paragraph (3) of this subsection, the Administrator may submit to the committees a revision to such plan in order to modify the proposal set forth in the plan as to any center. Any such revision shall include, with respect to each center addressed in the revision, a description of the Administrator’s evaluation of the matters specified in paragraphs (3)(B) and (3)(C) of this subsection. “(5) For purposes of determining a period of time under paragraph (1)(B) of this subsection, if the national plan (or a revision to the national plan) is submitted to the committees during the 121–day period beginning 60 days before and ending 60 days after the final day of a session of the Congress, it shall be deemed to have been submitted on the sixty-first day after the final day of such session.”. (d) Definitions.— Section 612A is further amended by adding at the end the following new subsection: “(i) For the purposes of this section: “(1) The term ‘center’ means a facility (including a Resource Center designated under subsection (h)(3)(A) of this section) which is operated by the Veterans’ Administration for the provision of services under this section and which (A) is situated apart from Veteran’ Administration general health-care facilities, or (B) was so situated but has been relocated to a Veterans’ Administration general health-care facility. 102 STAT. 496 “(2) The term ‘Veteran’ Administration general health-care facility’ means a health-care facility which is operated by the Veteran’ Administration for the furnishing of health-care services under this chapter, not limited to services provided through the program established under this section.”. (e) Conforming Amendments.— (1) Subsection (g)(2)(B) of section 612A is amended— (A) in clause (i), by striking out “a program” and all that follows through “health-care facilities” and inserting in lieu thereof “centers”; and (B) in clause (ii), by striking out “paragraph (1) of”. (2) Subsection (h) of such section is amended— (A) in paragraph (3)(B), by striking out “ ‘Centers’ ” and inserting in lieu thereof “ ‘Resource Centers’ ”; and (B) in paragraphs (4)(A), (4)(B), and (5), by striking out “Center” and inserting in lieu thereof “Resource Center”. (f) Prohibition of Delegation of Duties.— The Chief Medical Director of the Veteran’ Administration may not delegate the function of making recommendations under section 612A(g)(3)(A) of title 38, United States Code, as amended by subsection (c).
Pub. L. 100-322, tit. I, pt. A, sec. 107: READJUSTMENT COUNSELING PROGRAM. | Justis AI