[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3260 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3260

 To amend title 38, United States Code, to extend certain authorities 
  for health care services and reporting dates and to augment certain 
    health care business practices or programs administered by the 
                     Secretary of Veterans Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2003

  Mr. Smith of New Jersey (for himself and Mr. Evans) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to extend certain authorities 
  for health care services and reporting dates and to augment certain 
    health care business practices or programs administered by the 
                     Secretary of Veterans Affairs.

    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' Extended 
Health Care Services and Business Enhancements 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. Five-year extension of period for provision of noninstitutional 
                            extended-care services and required nursing 
                            home care.
Sec. 3. Improved benefits for former prisoners of war.
Sec. 4. Enhancements to enhanced-use lease authority.
Sec. 5. Department of Defense participation in revolving supply fund 
                            purchases.
Sec. 6. Enhancement of authorities relating to nonprofit research 
                            corporations.
Sec. 7. Report date changes.
Sec. 8. Designation of Department of Veterans Affairs Medical Center, 
                            Prescott, Arizona, as the Bob Stump 
                            Department of Veterans Affairs Medical 
                            Center.

SEC. 2. 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) 
of title 38, United States Code, 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) of such title is 
amended by striking ``December 31, 2003'' and inserting ``December 31, 
2008''.
    (c) Extension of Report Date.--Section 101(i) of the Veterans 
Millennium Health Care and Benefits Act (38 U.S.C. 1710A note) is 
amended by striking ``January 1, 2003,'' and inserting ``January 1, 
2008,''.

SEC. 3. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.

    (a) Outpatient Dental Care for All Former Prisoners of War.--
Section 1712(a)(1)(F) of title 38, United States Code, 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) of such title 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. 4. ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY.

    (a) Increased Flexibility Under Enhanced-Use Leases.--Section 
8162(a)(2)(B) of title 38, United States Code, is amended--
            (1) by striking ``proposed by the Under Secretary for 
        Health'' and inserting ``proposed by one of the Under 
        Secretaries''; and
            (2) by striking ``to the provision of medical care and 
        services'' and inserting ``to the programs and activities of 
        the Department''.
    (b) Notification of Property to Be Leased.--Section 8163 of such 
title 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).
    (c) Disposition of Leased Property.--Section 8164 of such title 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''.
    (d) Use of Proceeds.--Section 8165 of such title is amended--
            (1) in subsection (a)--
                    (A) by inserting after ``of this title'' the 
                following: ``, except that any funds received by the 
                Department under an enhanced-use lease in support of 
                the Veterans Benefits Administration or the National 
                Cemetery Administration and remaining after any 
                deduction from such funds under subsection (b) shall be 
                credited to applicable appropriations of that 
                Administration''; and
                    (B) in paragraph (2), by striking ``and remaining 
                after'' and all that follows through ``nursing home 
                revolving fund'' and inserting ``shall be deposited in 
                applicable appropriations of the Administration of the 
                Department that had functional control of the leased 
                property before the Secretary entered into the 
                enhanced-use lease'';
            (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).
    (e) Clerical Amendments.--(1) The heading of section 8163 of such 
title 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 of such title is amended to read as 
follows:

``8163. Hearing and notice requirements regarding proposed leases.''.

SEC. 5. DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING SUPPLY FUND 
              PURCHASES.

    (a) Enhancement of Department of Defense Participation.--Section 
8121 of title 38, United States Code, 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) 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. 6. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH 
              CORPORATIONS.

    (a) Coverage of Personnel Under Tort Claims Laws.--(1) Subchapter 
IV of chapter 73 of title 38, United States Code, is amended by 
inserting after section 7364 the following new section:
``Sec. 7364A. Coverage of employees under certain Federal tort claims
    ``(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.''.
    (b) Clarification of Executive Director's Ethics Certification 
Duties.--Section 7366(c) of such title 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.''.
    (c) Five-Year Extension of Authority to Establish Research 
Corporations.--Section 7368 of such title is amended by striking 
``December 31, 2003'' and inserting ``December 31, 2008''.

SEC. 7. REPORT DATE CHANGES.

    (a) Senior Managers Quarterly Report.--Section 516(e)(1)(A) of 
title 38, United States Code, is amended by striking ``30 days'' and 
inserting ``45 days''.
    (b) Annual Report on Assistance to Homeless Veterans.--Section 
2065(a) of such title 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) of such 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 2004''.
    (d) Annual Reports on Long-Range Health Planning.--Section 8107 of 
such title is amended--
            (1) in subsection (a), by striking ``each year'' in the 
        second sentence and all that follows through ``title 31'' and 
        inserting ``June 1 of each year''; and
            (2) in subsection (c), by striking ``January 31'' and 
        inserting ``June 1''.
    (e) Annual Report on Sharing of Health Care Resources.--Section 
8153(g) of such title is amended by striking ``not more than 60 days 
after the end of each fiscal year'' and inserting ``not later than 
February 1 of each year''.
    (f) 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 2004''.

SEC. 8. 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.
                                 <all>