[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Enrolled Bill (ENR)]
S.1156
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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,

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(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:

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certain Department of Defense chemical and biological warfare
testing.

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TITLE I

-HEALTH CARE AUTHORITIES AND RELATED MATTERS

certain Filipino World War II veterans residing in the United
States.

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care and adult day health care in contract facilities.

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noninstitutional extended-care services and required nursing
home care.

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health services to veterans.
Subtitle A--Program Authorities

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TITLE II

-CONSTRUCTION AND FACILITIES MATTERS

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Subtitle C--Capital Asset Realignment for Enhanced Services Initiative

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with Capital Asset Realignment Initiative.

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veterans in rural areas.
Subtitle D--Plans for New Facilities

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health care services in South Carolina with new university
medical center.
Subtitle E--Designation of Facilities

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Prescott, Arizona, as the Bob Stump Department of Veterans
Affairs Medical Center.

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facility, Chicago, Illinois, as the Jesse Brown Department of
Veterans Affairs Medical Center.

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Houston, Texas, as the Michael E. DeBakey Department of
Veterans Affairs Medical Center.

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Salt Lake City, Utah, as the George E. Wahlen Department of
Veterans Affairs Medical Center.

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promotion of personnel in the Veterans Health Administration.

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TITLE III

-PERSONNEL MATTERS

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health care workers in the Veterans Health Administration.

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TITLE IV

-OTHER MATTERS

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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.

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(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''.

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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.''.

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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.''.

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(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)''.

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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.

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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''.

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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.''.

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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.''.
Subtitle A--Program Authorities

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CONSTRUCTION PROJECTS.
Section 8104(a)(3)(A) is amended by striking ``$4,000,000'' and
inserting ``$7,000,000''.

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(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.''.

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PLANNING.
Section 8107(b) is amended by striking paragraphs (3) and (4).
Subtitle B--Project Authorizations

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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.

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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.

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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.

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(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

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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.

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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.

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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

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(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.

7250e1d4ccc783610fea093cd53917a67a36924466d6113f5c8e3b24563f2beb

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

97c46504468c608b67aa9ee0c9cc8633144e3ee9d2466bbc9a4f1d1cce015c0c

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.

e8ff577367b0108f4c6ea27d528d827b2b108f05248ca8e3129a5e56c643b4a3

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.

a381da64be5fd6e1857f1e798c6bb931b141dd10c9aa89f9b83494d8566ed15a

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.

20408b6e6f63f3afdea22cb0752363bec74263a7089d69abce4dc9b510a1c532

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.

2a624aa666b00d097f9aa447ff11758be30033310dcd4de5f81870965455da8d

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.

5bd1b8647763d168a9a3b777d0b8d99a25ca4618620fdc3fa200a4058735a2a0

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.

e8de2596504da0581c6df26a0393695b022250c0bfabdbe9074e578524c928ef

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,''.

d115147c1aa5694093b1bb6a51f148417802c565ea92c2e487de53b276f45883

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.

113f0b755e19152c1e42c5fac1e9cbe4eb257e2eb924b6a8a51045c27fee6588

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.

b42d6c3cde035574e0441a18a2e518763909c659a982570fb16402e78e2ac104

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''.

7e8267362679d127a2f1dda479951ffed260fdf930653f5aa3fcb44b58e73883

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).

d4564efc92423e162e42d97ba280989e1ba853b42086735473d9a8751f7a9b04

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''.

6cd06f68304ae8a69a7ae955409f53086fc7ba003e7ede91bafc10ad36a5639a

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.

560934e23cba3d3921394efb7911270e66bc507622a1ea0937075bfad3d17743

VETERANS.
Section 2041(c) is amended by striking ``December 31, 2003'' and
inserting ``December 31, 2008''.

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(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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Veterans Health Care, Capital Asset, and Business Improvement Act of 2003

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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