[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1156 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1156

   To amend title 38, United States Code, to improve and enhance the 
 provision of long-term health care for veterans by 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2003

  Mr. Specter introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to improve and enhance the 
 provision of long-term health care for veterans by 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.

    This Act may be cited as the ``Department of Veterans Affairs Long-
Term Care and Personnel Authorities Enhancement Act of 2003''.

           TITLE I--EXTENSION AND ENHANCEMENT OF AUTHORITIES

SEC. 101. EXTENSION AND MODIFICATION OF CERTAIN HEALTH CARE 
              AUTHORITIES.

    (a) Treatment of Noninstitutional Extended Care Services as Medical 
Services.--Section 1701(a)(10)(A) of title 38, United States Code, is 
amended by striking ``December 31, 2003'' and inserting ``December 31, 
2008''.
    (b) Required Nursing Home Care.--(1) Subsection (a) of section 
1710A of such title is amended by striking ``70 percent'' and inserting 
``50 percent''.
    (2) Subsection (c) of such section is amended by striking 
``December 31, 2003'' and inserting ``December 31, 2008''.

SEC. 102. ENHANCED AGREEMENT AUTHORITY FOR PROVISION OF NURSING HOME 
              CARE AND ADULT DAY HEALTH CARE IN NON-DEPARTMENT OF 
              VETERANS AFFAIRS FACILITIES.

    Section 1720 of title 38, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by designating the existing text as paragraph 
                (2); and
                    (B) by inserting before paragraph (2), as so 
                designated, the following new paragraph (1):
    ``(1) In furnishing nursing home care or adult day health care 
under this section, the Secretary may enter into agreements for 
furnishing such care utilizing such authorities relating to agreements 
for the provision of services under section 1866 of the Social Security 
Act (42 U.S.C. 1395cc) that the Secretary considers appropriate.''; and
            (2) in subsection (f)(1)(B), by inserting ``or agreement'' 
        after ``contract'' each place it appears.

                  TITLE II--CONSTRUCTION AUTHORIZATION

SEC. 201. 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.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for the 
Secretary of Veterans Affairs for fiscal year 2004 for the 
Construction, Major Projects, account, a total of $34,500,000 for the 
projects authorized in paragraphs (1) and (2) of section 201.
    (b) Limitation.--The projects authorized in section 201 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.

                          TITLE III--PERSONNEL

SEC. 301. MODIFICATION OF AUTHORITIES ON APPOINTMENTS OF PERSONNEL IN 
              THE VETERANS HEALTH ADMINISTRATION.

    (a) Positions Treatable as Hybrid Status Positions.--Section 7401 
of title 38, United States Code, is amended--
            (1) in paragraph (2), by striking ``Psychologists'' and all 
        that follows through ``other scientific'' and inserting ``Other 
        scientific''; and
            (2) 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 
        technologists, nuclear medicine technologists, occupational 
        therapists, occupational therapy assistants, orthotist-
        prosthetists, pharmacists, pharmacy technicians, physical 
        therapy assistants, prosthetic representatives, psychologists, 
        diagnostic radiologic technicians, therapeutic radiologic 
        technicians, social workers, and personnel in such other 
        positions as the Secretary designates (subject to section 
        7403(f)(4) of this title) for purposes of this paragraph as 
        necessary for the medical care of veterans.''.
    (b) Report on Proposal To Designate Additional Positions as Hybrid 
Status Positions.--Section 7403(f) of such title is amended by adding 
at the end the following new paragraph:
    ``(4) Not later than 45 days before the date on which the Secretary 
proposes to designate a position as a position necessary for the 
medical care of veterans for which appointment may be made under 
section 7401(3) of this title, the Secretary shall submit to the 
Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report on the proposed designation.''.
    (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. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER 
              ADDITIONAL EMPLOYMENT LAWS.

    Section 7802(5) is amended by inserting before the semicolon the 
following: ``. Employees and personnel under this clause may be 
considered for appointment in Department positions in the competitive 
service in the same manner that Department employees in the competitive 
service are considered for transfer to such positions. An employee or 
individual appointed as personnel under this clause who is appointed to 
a Department position under the authority of the preceding sentence 
shall be treated as having a career appointment in such position once 
such employee or individual meets the three-year requirement for career 
tenure (with any previous period of employment or appoint- ment in the 
Service being counted toward satisfaction of such requirement)''.

SEC. 303. EFFECTIVE DATE OF MODIFICATION OF TREATMENT FOR RETIREMENT 
              ANNUITY PURPOSES OF CERTAIN PART-TIME SERVICE OF CERTAIN 
              DEPARTMENT OF VETERANS AFFAIRS HEALTH-CARE PROFESSIONALS.

    (a) Effective Date.--The effective date of the amendment made by 
section 132 of the Department of Veterans Affairs Health Care Programs 
Enhancement Act of 2001 (Public Law 107-135; 115 Stat. 2454) shall be 
as follows:
            (1) January 23, 2002, in the case of health care 
        professionals referred to in subsection (c) of section 7426 of 
        title 38, United States Code (as so amended), who retire on or 
        after that date.
            (2) The date of the enactment of this Act, in the case of 
        health care professionals referred to in such subsection (c) 
        who retired before January 23, 2002, but after April 7, 1986.
    (b) Recomputation of Annuity.--The Office of Personnel Management 
shall recompute the annuity of each health-care professional described 
in the first sentence of subsection (c) of section 7426 of title 38, 
United States Code (as so amended), who retired before January 23, 
2002, but after April 7, 1986, in order to take into account the 
amendment made by section 132 of the Department of Veterans Affairs 
Health Care Programs Enhancement Act of 2001. Such recomputation shall 
be effective only with respect to annuities paid after the date of the 
enactment of this Act, and shall apply beginning the first day of the 
first month beginning after the date of the enactment of this Act.

SEC. 304. PERMANENT AUTHORITY FOR USE OF CONTRACT PHYSICIANS FOR 
              DISABILITY EXAMINATIONS.

    (a) Permanent Authority.--Section 504 of the Veterans' Benefits 
Improvements Act of 1996 (Public Law 104-275; 110 Stat. 3341; 38 U.S.C. 
5101 note) is amended--
            (1) in subsection (a), by striking ``may conduct a pilot 
        program'' and all that follows through ``may be made by'' and 
        inserting ``may carry out examinations with respect to the 
        medical disability of applicants for benefits under the laws 
        administered by the Secretary through''; and
            (2) in subsection (c), by striking ``the pilot program 
        under''.
    (b) Repeal of Limitation and Obsolete Authority.--That section is 
further amended--
            (1) by striking subsections (b) and (d); and
            (2) by redesignating subsection (c), as amended by 
        subsection (a) of this section, as subsection (b).
    (c) Conforming Amendment.--The heading for that section is amended 
to read as follows:

``SEC. 504. AUTHORITY FOR USE OF CONTRACT PHYSICIANS FOR DISABILITY 
              EXAMINATIONS.''.

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