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S. 1156 - Veterans Health
Care, Capital Asset, and
Business Improvement Act
of 2003
An
Act
To amend title 38, United States Code, to improve and enhance provision
of health care for veterans, to authorize major construction projects
and other facilities matters for the Department of Veterans Affairs, to
enhance and improve authorities relating to the administration of
personnel of the Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Veterans Health Care,
Capital Asset, and Business Improvement Act of 2003'.
(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--HEALTH CARE AUTHORITIES AND RELATED MATTERS
Sec. 101. Improved benefits for former prisoners of war.
Sec. 102. Provision of health care to veterans who participated in
certain Department of Defense chemical and biological warfare testing.
Sec. 103. Eligibility for Department of Veterans Affairs health care for
certain Filipino World War II veterans residing in the United States.
Sec. 104. Enhancement of rehabilitative services.
Sec. 105. Enhanced agreement authority for provision of nursing home
care and adult day health care in contract facilities.
Sec. 106. Five-year extension of period for provision of
noninstitutional extended-care services and required nursing home care.
Sec. 107. Expansion of Department of Veterans Affairs pilot program on
assisted living for veterans.
Sec. 108. Improvement of program for provision of specialized mental
health services to veterans.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Subtitle A--Program Authorities
Sec. 201. Increase in threshold for major medical facility construction
projects.
Sec. 202. Enhancements to enhanced-use lease authority.
Sec. 203. Simplification of annual report on long-range health planning.
Subtitle B--Project Authorizations
Sec. 211. Authorization of major medical facility projects.
Sec. 212. Authorization of major medical facility leases.
Sec. 213. Advance planning authorizations.
Sec. 214. Authorization of appropriations.
Subtitle C--Capital Asset Realignment for Enhanced Services Initiative
Sec. 221. Authorization of major construction projects in connection
with Capital Asset Realignment Initiative.
Sec. 222. Advance notification of capital asset realignment actions.
Sec. 223. Sense of Congress and report on access to health care for
veterans in rural areas.
Subtitle D--Plans for New Facilities
Sec. 231. Plans for facilities in specified areas.
Sec. 232. Study and report on feasibility of coordination of veterans
health care services in South Carolina with new university medical
center.
Subtitle E--Designation of Facilities
Sec. 241. Designation of Department of Veterans Affairs medical center,
Prescott, Arizona, as the Bob Stump Department of Veterans Affairs
Medical Center.
Sec. 242. Designation of Department of Veterans Affairs health care
facility, Chicago, Illinois, as the Jesse Brown Department of Veterans
Affairs Medical Center.
Sec. 243. Designation of Department of Veterans Affairs medical center,
Houston, Texas, as the Michael E. DeBakey Department of Veterans Affairs
Medical Center.
Sec. 244. Designation of Department of Veterans Affairs medical center,
Salt Lake City, Utah, as the George E. Wahlen Department of Veterans
Affairs Medical Center.
Sec. 245. Designation of Department of Veterans Affairs outpatient
clinic, New London, Connecticut.
Sec. 246. Designation of Department of Veterans Affairs outpatient
clinic, Horsham, Pennsylvania.
TITLE III--PERSONNEL MATTERS
Sec. 301. Modification of certain authorities on appointment and
promotion of personnel in the Veterans Health Administration.
Sec. 302. Appointment of chiropractors in the Veterans Health
Administration.
Sec. 303. Additional pay for Saturday tours of duty for additional
health care workers in the Veterans Health Administration.
Sec. 304. Coverage of employees of Veterans' Canteen Service under
additional employment laws.
TITLE IV--OTHER MATTERS
Sec. 401. Office of Research Oversight in Veterans Health
Administration.
Sec. 402. Enhancement of authorities relating to nonprofit research
corporations.
Sec. 403. Department of Defense participation in Revolving Supply Fund
purchases.
Sec. 404. Five-year extension of housing assistance for homeless
veterans.
Sec. 405. Report date changes.
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--HEALTH CARE AUTHORITIES AND RELATED MATTERS
SEC. 101. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.
(a) OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR- Section
1712(a)(1)(F) is amended by striking `and who was detained or interned
for a period of not less than 90 days'.
(b) EXEMPTION FROM PHARMACY COPAYMENT REQUIREMENT- Section 1722A(a)(3)
is amended--
(1) by striking `or' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C); and
(3) by inserting after subparagraph (A) the following new subparagraph
(B):
`(B) to a veteran who is a former prisoner of war; or'.
SEC. 102. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN
CERTAIN DEPARTMENT OF DEFENSE CHEMICAL AND BIOLOGICAL WARFARE TESTING.
Section 1710(e) is amended--
(1) in paragraph (1), by adding at the end the following new
subparagraph:
`(E) Subject to paragraphs (2) and (3), a veteran who participated in a
test conducted by the Department of Defense Deseret Test Center as part
of a program for chemical and biological warfare testing from 1962
through 1973 (including the program designated as `Project Shipboard
Hazard and Defense (SHAD)' and related land-based tests) is eligible for
hospital care, medical services, and nursing home care under subsection
(a)(2)(F) for any illness, notwithstanding that there is insufficient
medical evidence to conclude that such illness is attributable to such
testing.';
(2) in paragraph (2)(B)--
(A) by striking out `paragraph (1)(C) or (1)(D)' and inserting
`subparagraph (C), (D), or (E) of paragraph (1)'; and
(B) by striking `service described in that paragraph' and inserting
`service or testing described in such subparagraph'; and
(3) in paragraph (3)--
(A) by striking `and' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C) and inserting
`; and'; and
(C) by adding at the end the following new subparagraph:
`(D) in the case of care for a veteran described in paragraph (1)(E),
after December 31, 2005.'.
SEC. 103. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FOR
CERTAIN FILIPINO WORLD WAR II VETERANS RESIDING IN THE UNITED STATES.
The text of section 1734 is amended to read as follows:
`(a) The Secretary shall furnish hospital and nursing home care and
medical services to any individual described in subsection (b) in the
same manner, and subject to the same terms and conditions, as apply to
the furnishing of such care and services to individuals who are veterans
as defined in section 101(2) of this title. Any disability of an
individual described in subsection (b) that is a service-connected
disability for purposes of this subchapter (as provided for under
section 1735(2) of this title) shall be considered to be a
service-connected disability for purposes of furnishing care and
services under the preceding sentence.
`(b) Subsection (a) applies to any individual who is a Commonwealth Army
veteran or new Philippine Scout and who--
`(1) is residing in the United States; and
`(2) is a citizen of the United States or an alien lawfully admitted to
the United States for permanent residence.'.
SEC. 104. ENHANCEMENT OF REHABILITATIVE SERVICES.
(a) REHABILITATIVE SERVICES THROUGH MEDICAL CARE AUTHORITY- Section
1701(8) is amended by striking `(other than those types of vocational
rehabilitation services provided under chapter 31 of this title)'.
(b) EXPANSION OF AUTHORIZED REHABILITATIVE SERVICES- (1) Section 1718 is
amended--
(A) by redesignating subsections (d), (e), and (f) as subsections (e),
(f), and (g), respectively; and
(B) by inserting after subsection (c) the following new subsection (d):
`(d) In providing to a veteran rehabilitative services under this
chapter, the Secretary may furnish the veteran with the following:
`(1) Work skills training and development services.
`(2) Employment support services.
`(3) Job development and placement services.'.
(2) Subsection (c) of such section is amended--
(A) in paragraph (1), by striking `subsection (b) of this section' and
inserting `subsection (b) or (d)'; and
(B) in paragraph (2)--
(i) by striking `subsection (b) of this section' and inserting
`subsection (b) or (d)'; and
(ii) by striking `paragraph (2) of such subsection' and inserting
`subsection (b)(2)'.
SEC. 105. ENHANCED AGREEMENT AUTHORITY FOR PROVISION OF NURSING HOME
CARE AND ADULT DAY HEALTH CARE IN CONTRACT FACILITIES.
(a) ENHANCED AUTHORITY- Subsection (c) of section 1720 is amended--
(1) by designating the existing text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated, the following
new paragraph (1):
`(1)(A) In furnishing nursing home care, adult day health care, or other
extended care services under this section, the Secretary may enter into
agreements for furnishing such care or services with--
`(i) in the case of the medicare program, a provider of services that
has entered into a provider agreement under section 1866(a) of the
Social Security Act (42 U.S.C. 1395cc(a)); and
`(ii) in the case of the medicaid program, a provider participating
under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.).
`(B) In entering into an agreement under subparagraph (A) with a
provider of services described in clause (i) of that subparagraph or a
provider described in clause (ii) of that subparagraph, the Secretary
may use the procedures available for entering into provider agreements
under section 1866(a) of the Social Security Act.'.
(b) CONFORMING AMENDMENT- Subsection (f)(1)(B) of such section is
amended by inserting `or agreement' after `contract' each place it
appears.
SEC. 106. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF
NONINSTITUTIONAL EXTENDED-CARE SERVICES AND REQUIRED NURSING HOME CARE.
(a) NONINSTITUTIONAL EXTENDED CARE SERVICES- Section 1701(10)(A) is
amended by striking `the date of the enactment of the Veterans
Millennium Health Care and Benefits Act and ending on December 31,
2003,' and inserting `November 30, 1999, and ending on December 31,
2008,'.
(b) REQUIRED NURSING HOME CARE- Section 1710A(c) is amended by striking
`December 31, 2003' and inserting `December 31, 2008'.
SEC. 107. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON
ASSISTED LIVING FOR VETERANS.
Section 103(b) of the Veterans Millennium Health Care and Benefits Act
(Public Law 106-117; 113 Stat. 1552; 38 U.S.C. 1710B note) is amended--
(1) by striking `LOCATION OF PILOT PROGRAM- ' and inserting `LOCATIONS
OF PILOT PROGRAM- (1)'; and
(2) by adding at the end the following new paragraph:
`(2)(A) In addition to the health care region of the Department selected
for the pilot program under paragraph (1), the Secretary may also carry
out the pilot program in not more than one additional designated health
care region of the Department selected by the Secretary for purposes of
this section.
`(B) Notwithstanding subsection (f), the authority of the Secretary to
provide services under the pilot program in a health care region of the
Department selected under subparagraph (A) shall cease on the date that
is three years after the commencement of the provision of services under
the pilot program in the health care region.'.
SEC. 108. IMPROVEMENT OF PROGRAM FOR PROVISION OF SPECIALIZED MENTAL
HEALTH SERVICES TO VETERANS.
(a) INCREASE IN FUNDING- Subsection (c) of section 116 of the Veterans
Millennium Health Care and Benefits Act (Public Law 106-117; 113 Stat.
1559; 38 U.S.C. 1712A note) is amended--
(1) in paragraph (1), by striking `$15,000,000' and inserting
`$25,000,000 in each of fiscal years 2004, 2005, and 2006';
(2) in paragraph (2), by striking `$15,000,000' and inserting
`$25,000,000'; and
(3) in paragraph (3)--
(A) by inserting `(A)' after `(3)'; and
(B) by adding at the end the following new subparagraph:
`(B) For purposes of this paragraph, in fiscal years 2004, 2005, and
2006, the fiscal year used to determine the baseline amount shall be
fiscal year 2003.'.
(b) ALLOCATION OF FUNDS- Subsection (d) of that section is amended--
(1) by striking `The Secretary' and inserting `(1) In each of fiscal
years 2004, 2005, and 2006, the Secretary'; and
(2) by adding at the end the following new paragraphs:
`(2) In allocating funds to facilities in a fiscal year under paragraph
(1), the Secretary shall ensure that--
`(A) not less than $10,000,000 is allocated by direct grants to programs
that are identified by the Mental Health Strategic Health Care Group and
the Committee on Care of Severely Chronically Mentally Ill Veterans;
`(B) not less than $5,000,000 is allocated for programs on
post-traumatic stress disorder; and
`(C) not less than $5,000,000 is allocated for programs on substance use
disorder.
`(3) The Secretary shall provide that the funds to be allocated under
this section during each of fiscal years 2004, 2005, and 2006 are funds
for a special purpose program for which funds are not allocated through
the Veterans Equitable Resource Allocation system.'.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Subtitle A--Program Authorities
SEC. 201. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY CONSTRUCTION
PROJECTS.
Section 8104(a)(3)(A) is amended by striking `$4,000,000' and inserting
`$7,000,000'.
SEC. 202. ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY.
(a) NOTIFICATION OF PROPERTY TO BE LEASED- Section 8163 is amended--
(1) in the first sentence of subsection (a)--
(A) by striking `designate a property to be leased under an enhanced-use
lease' and inserting `enter into an enhanced-use lease with respect to
certain property'; and
(B) by striking `before making the designation' and inserting `before
entering into the lease';
(2) in subsection (b), by striking `of the proposed designation' and
inserting `to the congressional veterans' affairs committees and to the
public of the proposed lease'; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking `designate the property involved' and inserting `enter
into an enhanced-use lease of the property involved'; and
(ii) by striking `to so designate the property' and inserting `to enter
into such lease';
(B) in paragraph (2), by striking `90-day period' and inserting `45-day
period';
(C) in paragraph (3)--
(i) by striking `general description' in subparagraph (D) and inserting
`description of the provisions'; and
(ii) by adding at the end the following new subparagraph:
`(G) A summary of a cost-benefit analysis of the proposed lease.'; and
(D) by striking paragraph (4).
(b) DISPOSITION OF LEASED PROPERTY- Section 8164 is amended--
(1) in subsection (a)--
(A) by striking `by requesting the Administrator of General Services to
dispose of the property pursuant to subsection (b)' in the first
sentence; and
(B) by striking the third sentence;
(2) in subsection (b)--
(A) by striking `Secretary and the Administrator of General Services
jointly determine' and inserting `Secretary determines'; and
(B) by striking `Secretary and the Administrator consider' and inserting
`Secretary considers'; and
(3) in subsection (c), by striking `90 days' and inserting `45 days'.
(c) USE OF PROCEEDS- Section 8165 is amended--
(1) in subsection (a)(2), by striking `and remaining after any deduction
from such funds under the laws referred to in subsection (c)';
(2) in subsection (b), by adding at the end the following new sentence:
`The Secretary may use the proceeds from any enhanced-use lease to
reimburse applicable appropriations of the Department for any expenses
incurred in the development of additional enhanced-use leases.'; and
(3) by striking subsection (c).
(d) CLERICAL AMENDMENTS- (1) The heading of section 8163 is amended to
read as follows:
`Sec. 8163. Hearing and notice requirements regarding proposed leases'.
(2) The item relating to section 8163 in the table of sections at the
beginning of chapter 81 is amended to read as follows:
`8163. Hearing and notice requirements regarding proposed leases.'.
SEC. 203. SIMPLIFICATION OF ANNUAL REPORT ON LONG-RANGE HEALTH PLANNING.
Section 8107(b) is amended by striking paragraphs (3) and (4).
Subtitle B--Project Authorizations
SEC. 211. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects, with each project to be carried out in an
amount not to exceed the amount specified for that project:
(1) Construction of a long-term care facility in Lebanon, Pennsylvania,
$14,500,000.
(2) Construction of a long-term care facility in Beckley, West Virginia,
$20,000,000.
(3) Construction of a new bed tower to consolidate two inpatient sites
of care in the city of Chicago at the West Side Division of the
Department of Veterans Affairs health care system in Chicago, Illinois,
in an amount not to exceed $98,500,000.
(4) Seismic corrections to strengthen Medical Center Building 1 of the
Department of Veterans Affairs health care system in San Diego,
California, in an amount not to exceed $48,600,000.
(5) A project for (A) renovation of all inpatient care wards at the West
Haven, Connecticut, facility of the Department of Veterans Affairs
health system in Connecticut to improve the environment of care and
enhance safety, privacy, and accessibility, and (B) establishment of a
consolidated medical research facility at that facility, in an amount
not to exceed $50,000,000.
(6) Construction of a Department of Veterans Affairs-Department of the
Navy joint venture comprehensive outpatient medical care facility to be
built on the grounds of the Pensacola Naval Air Station, Pensacola,
Florida, in an amount not to exceed $45,000,000.
SEC. 212. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for medical
facilities as follows:
(1) For an outpatient clinic in Charlotte, North Carolina, in an amount
not to exceed $3,000,000.
(2) For an outpatient clinic extension, Boston, Massachusetts, in an
amount not to exceed $2,879,000.
SEC. 213. ADVANCE PLANNING AUTHORIZATIONS.
The Secretary of Veterans Affairs may carry out advance planning for a
major medical facility project at each of the following locations, with
such planning to be carried out in an amount not to exceed the amount
specified for that location:
(1) Denver, Colorado, in an amount not to exceed $30,000,000, of which
$26,000,000 shall be provided by the Secretary of Veterans Affairs and
$4,000,000 shall be provided by the Secretary of Defense.
(2) Pittsburgh, Pennsylvania, in an amount not to exceed $9,000,000.
(3) Las Vegas, Nevada, in an amount not to exceed $25,000,000.
(4) Columbus, Ohio, in an amount not to exceed $9,000,000.
(5) East Central, Florida, in an amount not to exceed $17,500,000.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated for the
Secretary of Veterans Affairs for fiscal year 2004--
(1) for the Construction, Major Projects, account, a total of
$363,100,000, of which--
(A) $276,600,000 is for the projects authorized in section 211; and
(B) $86,500,000 is for the advance planning authorized in section 213;
and
(2) for the Medical Care account, $5,879,000 for the leases authorized
in section 212.
(b) LIMITATION- The projects authorized in section 211 may only be
carried out using--
(1) funds appropriated for fiscal year 2004 pursuant to the
authorization of appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects, for a fiscal
year before fiscal year 2004 that remain available for obligation; and
(3) funds appropriated for Construction, Major Projects, for fiscal year
2004 for a category of activity not specific to a project.
Subtitle C--Capital Asset Realignment for Enhanced Services Initiative
SEC. 221. AUTHORIZATION OF MAJOR CONSTRUCTION PROJECTS IN CONNECTION
WITH CAPITAL ASSET REALIGNMENT INITIATIVE.
(a) AUTHORITY TO CARRY OUT MAJOR CONSTRUCTION PROJECTS- Subject to
subsection (b), the Secretary of Veterans Affairs may carry out major
construction projects as specified in the final report of the Capital
Asset Realignment for Enhanced Services Commission and approved by the
Secretary.
(b) LIMITATION- The Secretary may not exercise the authority in
subsection (a) until 45 days after the date of the submittal of the
report required by subsection (c).
(c) REPORT ON PROPOSED MAJOR CONSTRUCTION PROJECTS- (1) The Secretary
shall submit to the Committees on Veterans' Affairs and the Committees
on Appropriations of the Senate and House of Representatives not later
than February 1, 2004, a report describing the major construction
projects the Secretary proposes to carry out in connection with the
Capital Asset Realignment for Enhanced Services initiative.
(2) The report shall list each proposed major construction project in
order of priority, with such priority determined in the order as
follows:
(A) The use of the facility to be constructed or altered as a
replacement or enhancement facility necessitated by the loss, closure,
or other divestment of major infrastructure or clinical space at a
Department of Veterans Affairs medical facility currently in operation,
as determined by the Secretary.
(B) The remedy of life and safety code deficiencies, including seismic,
egress, and fire deficiencies at such facility.
(C) The use of such facility to provide health care services to a
population that is determined under the Capital Asset Realignment for
Enhanced Services initiative to be underserved or not currently served
by such facility.
(D) The renovation or modernization of such facility, including the
provision of barrier-free design, improvement of building systems and
utilities, or enhancement of clinical support services.
(E) The need for such facility to further an enhanced-use lease or
sharing agreement.
(F) Any other factor that the Secretary considers to be of importance in
providing care to eligible veterans.
(3) In developing the list of projects and according a priority to each
project, the Secretary should consider the importance of allocating
available resources equitably among the geographic service areas of the
Department and take into account recent shifts in populations of
veterans among those geographic service areas.
(d) SUNSET- The Secretary may not enter into a contract to carry out
major construction projects under the authority in subsection (a) after
September 30, 2006.
SEC. 222. ADVANCE NOTIFICATION OF CAPITAL ASSET REALIGNMENT ACTIONS.
(a) REQUIREMENT FOR ADVANCE NOTIFICATION- If the Secretary of Veterans
Affairs approves a recommendation resulting from the Capital Asset
Realignment for Enhanced Services initiative, then before taking any
action resulting from that recommendation that would result in--
(1) a medical facility closure;
(2) an administrative reorganization described in subsection (c) of
section 510 of title 38, United States Code; or
(3) a medical facility consolidation,
the Secretary shall submit to Congress a written notification of the
intent to take such action.
(b) LIMITATION- Upon submitting a notification under subsection (a), the
Secretary may not take any action described in the notification until
the later of--
(1) the end of the 60-day period beginning on the date on which the
notification is received by Congress; or
(2) the end of a period of 30 days of continuous session of Congress
beginning on the date on which the notification is received by Congress
or, if either House of Congress is not in session on such date, the
first day after such date on which both Houses of Congress are in
session.
(c) CONTINUOUS SESSION OF CONGRESS- For the purposes of subsection (b)--
(1) the continuity of a session of Congress is broken only by an
adjournment of Congress sine die; and
(2) any day on which either House is not in session because of an
adjournment of more than three days to a day certain is excluded in the
computation of any period of time in which Congress is in continuous
session.
(d) MEDICAL FACILITY CONSOLIDATION- For the purposes of subsection (a),
the term `medical facility consolidation' means an action that closes
one or more medical facilities for the purpose of relocating those
activities to another medical facility or facilities within the same
geographic service area.
SEC. 223. SENSE OF CONGRESS AND REPORT ON ACCESS TO HEALTH CARE FOR
VETERANS IN RURAL AREAS.
(a) SENSE OF CONGRESS- Recognizing the difficulties that veterans
residing in rural areas encounter in gaining access to health care in
facilities of the Department of Veterans Affairs, it is the sense of
Congress that the Secretary of Veterans Affairs should take steps to
ensure that an appropriate mix of facilities and clinical staff is
available for health care for veterans residing in rural areas.
(b) REPORT- Not later than 120 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report describing the steps the Secretary is taking,
and intends to take, to improve access to health care for veterans
residing in rural areas.
Subtitle D--Plans for New Facilities
SEC. 231. PLANS FOR FACILITIES IN SPECIFIED AREAS.
(a) SOUTHERN NEW JERSEY- (1) The Secretary of Veterans Affairs shall
develop a plan for meeting the future hospital care needs of veterans
who reside in southern New Jersey.
(2) For purposes of paragraph (1), the term `southern New Jersey' means
the following counties of the State of New Jersey: Ocean, Burlington,
Camden, Gloucester, Salem, Cumberland, Atlantic, and Cape May.
(b) FAR SOUTH TEXAS- (1) The Secretary shall develop a plan for meeting
the future hospital care needs of veterans who reside in far south
Texas.
(2) For purposes of paragraph (1), the term `far south Texas' means the
following counties of the State of Texas: Bee, Calhoun, Crockett,
DeWitt, Dimmit, Goliad, Jackson, Victoria, Webb, Aransas, Duval, Jim
Wells, Kleberg, Nueces, Refugio, San Patricio, Brooks, Cameron, Hidalgo,
Jim Hogg, Kenedy, Starr, Willacy, and Zapata.
(c) NORTH CENTRAL WASHINGTON- (1) The Secretary shall develop a plan for
meeting the future hospital care needs of veterans who reside in north
central Washington.
(2) For purposes of paragraph (1), the term `north central Washington'
means the following counties of the State of Washington: Chelan,
Douglas, Ferry, Grant, Kittitas, and Okanogan.
(d) PENSACOLA AREA- (1) The Secretary shall develop a plan for meeting
the future hospital care needs of veterans who reside in the Pensacola
area.
(2) For purposes of paragraph (1), the term `Pensacola area' means--
(A) the counties of Escambia, Santa Rosa, Okaloosa, Walton, Holmes,
Washington, Bay, Jackson, Calhoun, Liberty, Gulf, and Franklin of the
State of Florida; and
(B) the counties of Covington, Geneva, Houston, and Escambia of the
State of Alabama.
(e) CONSIDERATION OF USE OF CERTAIN EXISTING AUTHORITIES- In developing
the plans under this section, the Secretary shall, at a minimum,
consider options using the existing authorities of sections 8111 and
8153 of title 38, United States Code, to--
(1) establish a hospital staffed and managed by employees of the
Department, either in private or public facilities, including Federal
facilities; or
(2) enter into contracts with existing Federal facilities, private
facilities, and private providers for that care.
(f) REPORT- The Secretary shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on each plan
under this section not later than April 15, 2004.
SEC. 232. STUDY AND REPORT ON FEASIBILITY OF COORDINATION OF VETERANS
HEALTH CARE SERVICES IN SOUTH CAROLINA WITH NEW UNIVERSITY MEDICAL
CENTER.
(a) STUDY REQUIRED- The Secretary of Veterans Affairs shall conduct a
study to examine the feasibility of coordination by the Department of
Veterans Affairs of its needs for inpatient hospital, medical care, and
long-term care services for veterans with the pending construction of a
new university medical center at the Medical University of South
Carolina, Charleston, South Carolina.
(b) MATTERS TO BE INCLUDED IN STUDY- (1) As part of the study under
subsection (a), the Secretary shall consider the following:
(A) Integration with the Medical University of South Carolina of some or
all of the services referred to in subsection (a) through contribution
to the construction of that university's new medical facility or by
becoming a tenant provider in that new facility.
(B) Construction by the Department of Veterans Affairs of a new
independent inpatient or outpatient facility alongside or nearby the
university's new facility.
(2) In carrying out paragraph (1), the Secretary shall consider the
degree to which the Department and the university medical center would
be able to share expensive technologies and scarce specialty services
that would affect any such plans of the Secretary or the university.
(3) In carrying out the study, the Secretary shall especially consider
the applicability of the authorities under section 8153 of title 38,
United States Code (relating to sharing of health care resources between
the Department and community provider organizations), to govern future
arrangements and relationships between the Department and the Medical
University of South Carolina.
(c) CONSULTATION WITH SECRETARY OF DEFENSE- The Secretary of Veterans
Affairs shall consult with the Secretary of Defense in carrying out the
study under this section. Such consultation shall include consideration
of establishing a Department of Veterans Affairs-Department of Defense
joint health-care venture at the site referred to in subsection (a).
(d) REPORT- Not later than April 15, 2004, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the results of the study. The report shall
include the Secretary's recommendations with respect to coordination
described in subsection (a), including recommendations with respect to
each of the matters referred to in subsection (b).
Subtitle E--Designation of Facilities
SEC. 241. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
PRESCOTT, ARIZONA, AS THE BOB STUMP DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs Medical Center located in Prescott,
Arizona, shall after the date of the enactment of this Act be known and
designated as the `Bob Stump Department of Veterans Affairs Medical
Center'. Any reference to such medical center in any law, regulation,
map, document, or other paper of the United States shall be considered
to be a reference to the Bob Stump Department of Veterans Affairs
Medical Center.
SEC. 242. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
FACILITY, CHICAGO, ILLINOIS, AS THE JESSE BROWN DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER.
The Department of Veterans Affairs health care facility located at 820
South Damen Avenue in Chicago, Illinois, shall after the date of the
enactment of this Act be known and designated as the `Jesse Brown
Department of Veterans Affairs Medical Center'. Any reference to such
facility in any law, regulation, map, document, record, or other paper
of the United States shall be considered to be a reference to the Jesse
Brown Department of Veterans Affairs Medical Center.
SEC. 243. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
HOUSTON, TEXAS, AS THE MICHAEL E. DEBAKEY DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs Medical Center in Houston, Texas,
shall after the date of the enactment of this Act be known and
designated as the `Michael E. DeBakey Department of Veterans Affairs
Medical Center'. Any reference to such facility in any law, regulation,
map, document, record, or other paper of the United States shall be
considered to be a reference to the Michael E. DeBakey Department of
Veterans Affairs Medical Center.
SEC. 244. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
SALT LAKE CITY, UTAH, AS THE GEORGE E. WAHLEN DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTER.
The Department of Veterans Affairs Medical Center in Salt Lake City,
Utah, shall after the date of the enactment of this Act be known and
designated as the `George E. Wahlen Department of Veterans Affairs
Medical Center'. Any references to such facility in any law, regulation,
map, document, record, or other paper of the United States shall be
considered to be a reference to the George E. Wahlen Department of
Veterans Affairs Medical Center.
SEC. 245. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT
CLINIC, NEW LONDON, CONNECTICUT.
The Department of Veterans Affairs outpatient clinic located in New
London, Connecticut, shall after the date of the enactment of this Act
be known and designated as the `John J. McGuirk Department of Veterans
Affairs Outpatient Clinic'. Any reference to such outpatient clinic in
any law, regulation, map, document, record, or other paper of the United
States shall be considered to be a reference to the John J. McGuirk
Department of Veterans Affairs Outpatient Clinic.
SEC. 246. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT
CLINIC, HORSHAM, PENNSYLVANIA.
The Department of Veterans Affairs outpatient clinic located in Horsham,
Pennsylvania, shall after the date of the enactment of this Act be known
and designated as the `Victor J. Saracini Department of Veterans Affairs
Outpatient Clinic'. Any reference to such outpatient clinic in any law,
regulation, map, document, record, or other paper of the United States
shall be considered to be a reference to the Victor J. Saracini
Department of Veterans Affairs Outpatient Clinic.
TITLE III--PERSONNEL MATTERS
SEC. 301. MODIFICATION OF AUTHORITIES ON APPOINTMENT AND PROMOTION OF
PERSONNEL IN THE VETERANS HEALTH ADMINISTRATION.
(a) POSITIONS TREATABLE AS HYBRID STATUS POSITIONS- (1) Section 7401 is
amended--
(A) by striking paragraph (2) and inserting the following new paragraph
(2):
`(2) Scientific and professional personnel, such as microbiologists,
chemists, and biostatisticians.'; and
(B) by striking paragraph (3) and inserting the following new paragraph
(3):
`(3) Audiologists, speech pathologists, and audiologist-speech
pathologists, biomedical engineers, certified or registered respiratory
therapists, dietitians, licensed physical therapists, licensed practical
or vocational nurses, medical instrument technicians, medical records
administrators or specialists, medical records technicians, medical and
dental technologists, nuclear medicine technologists, occupational
therapists, occupational therapy assistants, kinesiotherapists,
orthotist-prosthetists, pharmacists, pharmacy technicians, physical
therapy assistants, prosthetic representatives, psychologists,
diagnostic radiologic technicians, therapeutic radiologic technicians,
and social workers.'.
(2) Personnel appointed to the Veterans Health Administration before the
date of the enactment of this Act who are in an occupational category of
employees specified in paragraph (3) of section 7401 of title 38, United
States Code, by reason of the amendment made by paragraph (1)(B) of this
subsection shall, as of such date, be deemed to have been appointed to
the Administration under such paragraph (3).
(b) APPOINTMENTS AND PROMOTIONS- Section 7403 of such title is amended--
(1) in subsection (f)(3)--
(A) by inserting `reductions-in-force, the applicability of the
principles of preference referred to in paragraph (2), rights of
part-time employees,' after `adverse actions,';
(B) by inserting `, whether appointed under this section or section
7405(a)(1)(B) of this title' after `such positions'; and
(C) by inserting a comma after `status)'; and
(2) by adding at the end the following new subsection:
`(h)(1) If the Secretary uses the authority provided in subsection (c)
for the promotion and advancement of an occupational category of
employees described in section 7401(3) of this title, as authorized by
subsection (f)(1)(B), the Secretary shall do so through one or more
systems prescribed by the Secretary. Each such system shall be planned,
developed, and implemented in collaboration with, and with the
participation of, exclusive employee representatives of such
occupational category of employees.
`(2)(A) Before prescribing a system of promotion and advancement of an
occupational category of employees under paragraph (1), the Secretary
shall provide to exclusive employee representatives of such occupational
category of employees a written description of the proposed system.
`(B) Not later than 30 days after receipt of the description of a
proposed system under subparagraph (A), exclusive employee
representatives may submit to the Secretary the recommendations, if any,
of such exclusive employee representatives with respect to the proposed
system.
`(C) The Secretary shall give full and fair consideration to any
recommendations received under subparagraph (B) in deciding whether and
how to proceed with a proposed system.
`(3) The Secretary shall implement immediately any part of a system of
promotion and advancement under paragraph (1) that is proposed under
paragraph (2) for which the Secretary receives no recommendations from
exclusive employee representatives under paragraph (2).
`(4) If the Secretary receives recommendations under paragraph (2) from
exclusive employee representatives on any part of a proposed system of
promotion and advancement under that paragraph, the Secretary shall
determine whether or not to accept the recommendations, either in whole
or in part. If the Secretary determines not to accept all or part of the
recommendations, the Secretary shall--
`(A) notify the congressional veterans' affairs committees of the
recommendations and of the portion of the recommendations that the
Secretary has determined not to accept;
`(B) meet and confer with such exclusive employee representatives, for a
period not less than 30 days, for purposes of attempting to reach an
agreement on whether and how to proceed with the portion of the
recommendations that the Secretary has determined not to accept;
`(C) at the election of the Secretary, or of a majority of such
exclusive employee representatives who are participating in negotiations
on such matter, employ the services of the Federal Mediation and
Conciliation Service during the period referred to in subparagraph (B)
for purposes of reaching such agreement; and
`(D) if the Secretary determines that activities under subparagraph (B),
(C), or both are unsuccessful at reaching such agreement and determines
(in the sole and unreviewable discretion of the Secretary) that further
meeting and conferral under subparagraph (B), mediation under
subparagraph (C), or both are unlikely to reach such agreement--
`(i) notify the congressional veterans' affairs committees of such
determinations, identify for such committees the portions of the
recommendations that the Secretary has determined not to accept, and
provide such committees an explanation and justification for determining
to implement the part of the system subject to such portions of the
recommendations without regard to such portions of the recommendations;
and
`(ii) commencing not earlier than 30 days after notice under clause (i),
implement the part of the system subject to the recommendations that the
Secretary has determined not to accept without regard to those
recommendations.
`(5) If the Secretary and exclusive employee representatives reach an
agreement under paragraph (4) providing for the resolution of a
disagreement on one or more portions of the recommendations that the
Secretary had determined not to accept under that paragraph, the
Secretary shall immediately implement such resolution.
`(6) In implementing a system of promotion and advancement under this
subsection, the Secretary shall--
`(A) develop and implement mechanisms to permit exclusive employee
representatives to participate in the periodic review and evaluation of
the system, including peer review, and in any further planning or
development required with respect to the system as a result of such
review and evaluation; and
`(B) provide exclusive employee representatives appropriate access to
information to ensure that the participation of such exclusive employee
representative in activities under subparagraph (A) is productive.
`(7)(A) The Secretary may from time to time modify a system of promotion
and advancement under this subsection.
`(B) In modifying a system, the Secretary shall take into account any
recommendations made by the exclusive employee representatives
concerned.
`(C) In modifying a system, the Secretary shall comply with paragraphs
(2) through (5) and shall treat any proposal for the modification of a
system as a proposal for a system for purposes of such paragraphs.
`(D) The Secretary shall promptly submit to the congressional veterans'
affairs committees a report on any modification of a system. Each report
shall include--
`(i) an explanation and justification of the modification; and
`(ii) a description of any recommendations of exclusive employee
representatives with respect to the modification and a statement whether
or not the modification was revised in light of such recommendations.
`(8) In the case of employees who are not within a unit with respect to
which a labor organization is accorded exclusive recognition, the
Secretary may develop procedures for input from representatives under
this subsection from any appropriate organization that represents a
substantial percentage of such employees or, if none, in such other
manner as the Secretary considers appropriate, consistent with the
purposes of this subsection.
`(9) In this subsection, the term `congressional veterans' affairs
committees' means the Committees on Veterans' Affairs of the Senate and
the House of Representatives.'.
(c) TEMPORARY, PART-TIME, AND WITHOUT COMPENSATION APPOINTMENTS- Section
7405 of such title is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking subparagraphs (B) and (C) and
inserting the following new subparagraphs:
`(B) Positions listed in section 7401(3) of this title.
`(C) Librarians.'; and
(B) in paragraph (2), by striking subparagraph (B) and inserting the
following new subparagraph (B):
`(B) Positions listed in section 7401(3) of this title.'; and
(2) in subsection (c)(1), by striking `section 7401(1)' and inserting
`paragraphs (1) and (3) of section 7401'.
(d) AUTHORITY FOR ADDITIONAL PAY FOR CERTAIN HEALTH CARE PROFESSIONALS-
Section 7454(b)(1) of such title is amended by striking `certified or
registered' and all that follows through `occupational therapists,' and
inserting `individuals in positions listed in section 7401(3) of this
title,'.
SEC. 302. APPOINTMENT OF CHIROPRACTORS IN THE VETERANS HEALTH
ADMINISTRATION.
(a) APPOINTMENTS- Section 7401 is amended--
(1) in the matter preceding paragraph (1), by striking `medical' and
inserting `health'; and
(2) in paragraph (1), by inserting `chiropractors,' after
`podiatrists,'.
(b) QUALIFICATIONS OF APPOINTEES- Section 7402(b) is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new paragraph (10):
`(10) CHIROPRACTOR- To be eligible to be appointed to a chiropractor
position, a person must--
`(A) hold the degree of doctor of chiropractic, or its equivalent, from
a college of chiropractic approved by the Secretary; and
`(B) be licensed to practice chiropractic in a State.'.
(c) PERIOD OF APPOINTMENTS AND PROMOTIONS- Section 7403(a)(2) is amended
by adding at the end the following new subparagraph:
`(H) Chiropractors.'.
(d) GRADES AND PAY SCALES- Section 7404(b)(1) is amended by striking the
third center heading in the table and inserting the following:
`CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE'.
(e) MALPRACTICE AND NEGLIGENCE PROTECTION- Section 7316(a) is amended--
(1) in paragraph (1), by striking `medical' each place it appears and
inserting `health'; and
(2) in paragraph (2)--
(A) by striking `medical' the first place it appears and inserting
`health'; and
(B) by inserting `chiropractor,' after `podiatrist,'.
(f) TREATMENT AS SCARCE MEDICAL SPECIALISTS FOR CONTRACTING PURPOSES-
Section 7409(a) is amended by inserting `chiropractors,' in the second
sentence after `optometrists,'.
(g) COLLECTIVE BARGAINING EXEMPTION- Section 7421(b) is amended by
adding at the end the following new paragraph:
`(8) Chiropractors.'.
(h) EFFECTIVE DATE- The amendments made by this section shall take
effect at the end of the 180-day period beginning on the date of the
enactment of this Act.
SEC. 303. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL
HEALTH CARE WORKERS IN THE VETERANS HEALTH ADMINISTRATION.
(a) IN GENERAL- Section 7454(b) is amended by adding at the end the
following new paragraph:
`(3) Employees appointed under section 7408 of this title shall be
entitled to additional pay on the same basis as provided for nurses in
section 7453(c) of this title.'.
(b) APPLICABILITY- The amendment made by subsection (a) shall take
effect with respect to the first pay period beginning on or after
January 1, 2004.
SEC. 304. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER
ADDITIONAL EMPLOYMENT LAWS.
(a) COVERAGE- Paragraph (5) of section 7802 is amended by inserting
before the semicolon a period and the following: `An employee appointed
under this section may be considered for appointment to a Department
position in the competitive service in the same manner that a Department
employee in the competitive service is considered for transfer to such
position. An employee of the Service who is appointed to a Department
position in the competitive service under the authority of the preceding
sentence may count toward the time-in-service requirement for a career
appointment in such position any previous period of employment in the
Service'.
(b) TECHNICAL AMENDMENTS- Such section is further amended--
(1) by striking the semicolon at the end of each of paragraphs (1)
through (10) and inserting a period;
(2) by striking `The Secretary' and all that follows through `(1)
establish,' and inserting `(a) LOCATIONS FOR CANTEENS- The Secretary
shall establish,';
(3) by redesignating paragraphs (2) through (11) as subsections (b)
through (k), respectively, and by realigning those subsections (as so
redesignated) so as to be flush to the left margin;
(4) in subsection (b) (as so redesignated), by inserting `WAREHOUSES AND
STORAGE DEPOTS- The Secretary shall' before `establish';
(5) in subsection (c) (as so redesignated), by inserting `SPACE,
BUILDINGS, AND STRUCTURES- The Secretary shall' before `furnish';
(6) in subsection (d) (as so redesignated), by inserting `EQUIPMENT,
SERVICES, AND UTILITIES- The Secretary shall' before `transfer';
(7) in subsection (e) (as so redesignated and as amended by subsection
(a)), by inserting `PERSONNEL- The Secretary shall' before `employ';
(8) in subsection (f) (as so redesignated), by inserting `CONTRACTS AND
AGREEMENTS- The Secretary shall' before `make all';
(9) in subsection (g) (as so redesignated), by inserting `PRICES- The
Secretary shall' before `fix the';
(10) in subsection (h) (as so redesignated), by inserting `GIFTS AND
DONATIONS- The Secretary may' before `accept';
(11) in subsection (i) (as so redesignated), by inserting `RULES AND
REGULATIONS- The Secretary shall' before `make such';
(12) in subsection (j) (as so redesignated), by inserting `DELEGATION-
The Secretary may' before `delegate such'; and
(13) in subsection (k) (as so redesignated), by inserting `AUTHORITY TO
CASH CHECKS, ETC- The Secretary may' before `authorize'.
TITLE IV--OTHER MATTERS
SEC. 401. OFFICE OF RESEARCH OVERSIGHT IN VETERANS HEALTH
ADMINISTRATION.
(a) STATUTORY CHARTER- (1) Chapter 73 is amended by inserting after
section 7306 the following new section:
`Sec. 7307. Office of Research Oversight
`(a) REQUIREMENT FOR OFFICE- (1) There is in the Veterans Health
Administration an Office of Research Oversight (hereinafter in this
section referred to as the `Office'). The Office shall advise the Under
Secretary for Health on matters of compliance and assurance in human
subjects protections, research safety, and research impropriety and
misconduct. The Office shall function independently of entities within
the Veterans Health Administration with responsibility for the conduct
of medical research programs.
`(2) The Office shall--
`(A) monitor, review, and investigate matters of medical research
compliance and assurance in the Department with respect to human
subjects protections; and
`(B) monitor, review, and investigate matters relating to the protection
and safety of human subjects and Department employees participating in
medical research in Department programs.
`(b) DIRECTOR- (1) The head of the Office shall be a Director, who shall
report directly to the Under Secretary for Health (without delegation).
`(2) Any person appointed as Director shall be--
`(A) an established expert in the field of medical research,
administration of medical research programs, or similar fields; and
`(B) qualified to carry out the duties of the Office based on
demonstrated experience and expertise.
`(c) FUNCTIONS- (1) The Director shall report to the Under Secretary for
Health on matters relating to protections of human subjects in medical
research projects of the Department under any applicable Federal law and
regulation, the safety of employees involved in Department medical
research programs, and suspected misconduct and impropriety in such
programs. In carrying out the preceding sentence, the Director shall
consult with employees of the Veterans Health Administration who are
responsible for the management and conduct of Department medical
research programs.
`(2) The matters to be reported by the Director to the Under Secretary
under paragraph (1) shall include allegations of research impropriety
and misconduct by employees engaged in medical research programs of the
Department.
`(3)(A) When the Director determines that such a recommendation is
warranted, the Director may recommend to the Under Secretary that a
Department research activity be terminated, suspended, or restricted, in
whole or in part.
`(B) In a case in which the Director reasonably believes that activities
of a medical research project of the Department place human subjects'
lives or health at imminent risk, the Director shall direct that
activities under that project be immediately suspended or, as
appropriate and specified by the Director, be limited.
`(d) GENERAL FUNCTIONS- (1) The Director shall conduct periodic
inspections and reviews, as the Director determines appropriate, of
medical research programs of the Department. Such inspections and
reviews shall include review of required documented assurances.
`(2) The Director shall observe external accreditation activities
conducted for accreditation of medical research programs conducted in
facilities of the Department.
`(3) The Director shall investigate allegations of research impropriety
and misconduct in medical research projects of the Department.
`(4) The Director shall submit to the Under Secretary for Health, the
Secretary, and the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on any suspected lapse, from whatever
cause or causes, in protecting safety of human subjects and others,
including employees, in medical research programs of the Department.
`(5) The Director shall carry out such other duties as the Under
Secretary for Health may require.
`(e) SOURCE OF FUNDS- Amounts for the activities of the Office,
including its regional offices, shall be derived from amounts
appropriated for the Veterans Health Administration for Medical Care.
`(f) ANNUAL REPORT- Not later than March 15 each year, the Director
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a report on the activities of the Office during
the preceding calendar year. Each such report shall include, with
respect to that year, the following:
`(1) A summary of reviews of individual medical research programs of the
Department completed by the Office.
`(2) Directives and other communications issued by the Office to field
activities of the Department.
`(3) Results of any investigations undertaken by the Office during the
reporting period consonant with the purposes of this section.
`(4) Other information that would be of interest to those committees in
oversight of the Department medical research program.
`(g) MEDICAL RESEARCH- For purposes of this section, the term `medical
research' means medical research described in section 7303(a)(2) of this
title.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 7306 the following new
item:
`7307. Office of Research Oversight.'.
(b) CONFORMING AMENDMENT- Section 7303 is amended by striking subsection
(e).
SEC. 402. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH
CORPORATIONS.
(a) COVERAGE OF PERSONNEL UNDER TORT CLAIMS LAWS- (1) Subchapter IV of
chapter 73 is amended by inserting after section 7364 the following new
section:
`Sec. 7364A. Coverage of employees under certain Federal tort claims
laws
`(a) An employee of a corporation established under this subchapter who
is described by subsection (b) shall be considered an employee of the
Government, or a medical care employee of the Veterans Health
Administration, for purposes of the following provisions of law:
`(1) Section 1346(b) of title 28.
`(2) Chapter 171 of title 28.
`(3) Section 7316 of this title.
`(b) An employee described in this subsection is an employee who--
`(1) has an appointment with the Department, whether with or without
compensation;
`(2) is directly or indirectly involved or engaged in research or
education and training that is approved in accordance with procedures
established by the Under Secretary for Health for research or education
and training; and
`(3) performs such duties under the supervision of Department
personnel.'.
(2) The table of sections at the beginning of such chapter is amended by
inserting after the item relating to section 7364 the following new
item:
`7364A. Coverage of employees under certain Federal tort claims laws.'.
(b) CLARIFICATION OF EXECUTIVE DIRECTOR'S ETHICS CERTIFICATION DUTIES-
Section 7366(c) is amended--
(1) by inserting `(1)' after `(c)';
(2) by striking `any year--' and all that follows through `shall be
subject' and inserting `any year shall be subject';
(3) by striking `functions; and' and inserting `functions.'; and
(4) by striking paragraph (2) and inserting the following:
`(2) Each corporation established under this subchapter shall each year
submit to the Secretary a statement signed by the executive director of
the corporation verifying that each director and employee has certified
awareness of the laws and regulations referred to in paragraph (1) and
of the consequences of violations of those laws and regulations in the
same manner as Federal employees are required to so certify.'.
(c) FIVE-YEAR EXTENSION OF AUTHORITY TO ESTABLISH RESEARCH CORPORATIONS-
Section 7368 is amended by striking `December 31, 2003' and inserting
`December 31, 2008'.
SEC. 403. DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING SUPPLY FUND
PURCHASES.
(a) ENHANCEMENT OF DEPARTMENT OF DEFENSE PARTICIPATION- Section 8121 is
amended--
(1) by redesignating subsections (b) and (c) as subsections (d) and (e),
respectively;
(2) by designating the last sentence of subsection (a) as subsection
(c); and
(3) by inserting after paragraph (3) of subsection (a) the following new
subsection (b):
`(b) The Secretary may authorize the Secretary of Defense to make
purchases through the fund in the same manner as activities of the
Department. When services, equipment, or supplies are furnished to the
Secretary of Defense through the fund, the reimbursement required by
paragraph (2) of subsection (a) shall be made from appropriations made
to the Department of Defense, and when services or supplies are to be
furnished to the Department of Defense, the fund may be credited, as
provided in paragraph (3) of subsection (a), with advances from
appropriations available to the Department of Defense.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply
only with respect to funds appropriated for a fiscal year after fiscal
year 2003.
SEC. 404. FIVE-YEAR EXTENSION OF HOUSING ASSISTANCE FOR HOMELESS
VETERANS.
Section 2041(c) is amended by striking `December 31, 2003' and inserting
`December 31, 2008'.
SEC. 405. REPORT DATE CHANGES.
(a) SENIOR MANAGERS' QUARTERLY REPORT- Section 516(e)(1)(A) is amended
by striking `30 days' and inserting `45 days'.
(b) ANNUAL REPORT ON ASSISTANCE TO HOMELESS VETERANS- Section 2065(a) is
amended by striking `April 15 of each year' and inserting `June 15 of
each year'.
(c) ANNUAL REPORT OF COMMITTEE ON CARE OF SEVERELY CHRONICALLY MENTALLY
ILL VETERANS- Section 7321(d)(2) is amended by striking `February 1,
1998, and February 1 of each of the six following years' and inserting
`June 1 of each year through 2008'.
(d) ANNUAL REPORT ON SHARING OF HEALTH CARE RESOURCES- Section 8153(g)
is amended--
(1) by striking `not more than 60 days after the end of each fiscal
year' and inserting `not later than February 1 of each year'; and
(2) by inserting `during the preceding fiscal year' after `under this
section'.
(e) ANNUAL REPORT OF SPECIAL COMMITTEE ON PTSD- Section 110(e)(2) of the
Veterans' Health Care Act of 1984 (38 U.S.C. 1712A note) is amended by
striking `February 1 of each of the three following years' and inserting
`May 1 of each year through 2008'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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