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






                                                       Calendar No. 383
108th CONGRESS
  1st Session
                                S. 1156

                          [Report No. 108-193]

   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 (for himself and Mr. Bunning) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

                           November 10, 2003

  Reported by Mr. Specter, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

  <DELETED>TITLE I--EXTENSION AND ENHANCEMENT OF AUTHORITIES</DELETED>

<DELETED>SEC. 101. EXTENSION AND MODIFICATION OF CERTAIN HEALTH CARE 
              AUTHORITIES.</DELETED>

<DELETED>    (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''.</DELETED>
<DELETED>    (b) Required Nursing Home Care.--(1) Subsection (a) of 
section 1710A of such title is amended by striking ``70 percent'' and 
inserting ``50 percent''.</DELETED>
<DELETED>    (2) Subsection (c) of such section is amended by striking 
``December 31, 2003'' and inserting ``December 31, 2008''.</DELETED>

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

<DELETED>    Section 1720 of title 38, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (c)--</DELETED>
                <DELETED>    (A) by designating the existing text as 
                paragraph (2); and</DELETED>
                <DELETED>    (B) by inserting before paragraph (2), as 
                so designated, the following new paragraph 
                (1):</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (2) in subsection (f)(1)(B), by inserting ``or 
        agreement'' after ``contract'' each place it appears.</DELETED>

        <DELETED>TITLE II--CONSTRUCTION AUTHORIZATION</DELETED>

<DELETED>SEC. 201. AUTHORIZATION OF MAJOR MEDICAL FACILITY 
              PROJECTS.</DELETED>

<DELETED>    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:</DELETED>
        <DELETED>    (1) Construction of a long-term care facility in 
        Lebanon, Pennsylvania, $14,500,000.</DELETED>
        <DELETED>    (2) Construction of a long-term care facility in 
        Beckley, West Virginia, $20,000,000.</DELETED>

<DELETED>SEC. 202. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Limitation.--The projects authorized in section 201 
may only be carried out using--</DELETED>
        <DELETED>    (1) funds appropriated for fiscal year 2004 
        pursuant to the authorization of appropriations in subsection 
        (a);</DELETED>
        <DELETED>    (2) funds appropriated for Construction, Major 
        Projects, for a fiscal year before fiscal year 2004 that remain 
        available for obligation; and</DELETED>
        <DELETED>    (3) funds appropriated for Construction, Major 
        Projects, for fiscal year 2004 for a category of activity not 
        specific to a project.</DELETED>

                <DELETED>TITLE III--PERSONNEL</DELETED>

<DELETED>SEC. 301. MODIFICATION OF AUTHORITIES ON APPOINTMENTS OF 
              PERSONNEL IN THE VETERANS HEALTH 
              ADMINISTRATION.</DELETED>

<DELETED>    (a) Positions Treatable as Hybrid Status Positions.--
Section 7401 of title 38, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking 
        ``Psychologists'' and all that follows through ``other 
        scientific'' and inserting ``Other scientific''; and</DELETED>
        <DELETED>    (2) by striking paragraph (3) and inserting the 
        following new paragraph (3):</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Temporary, Part-Time, and Without Compensation 
Appointments.--Section 7405 of such title is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking 
                subparagraphs (B) and (C) and inserting the following 
                new subparagraphs:</DELETED>
                <DELETED>    ``(B) Positions listed in section 7401(3) 
                of this title.</DELETED>
                <DELETED>    ``(C) Librarians.''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking 
                subparagraph (B) and inserting the following new 
                subparagraph (B):</DELETED>
                <DELETED>    ``(B) Positions listed in section 7401(3) 
                of this title.''; and</DELETED>
        <DELETED>    (2) in subsection (c)(1), by striking ``section 
        7401(1)'' and inserting ``paragraphs (1) and (3) of section 
        7401''.</DELETED>
<DELETED>    (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,''.</DELETED>

<DELETED>SEC. 302. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE 
              UNDER ADDITIONAL EMPLOYMENT LAWS.</DELETED>

<DELETED>    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)''.</DELETED>

<DELETED>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.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 304. PERMANENT AUTHORITY FOR USE OF CONTRACT PHYSICIANS 
              FOR DISABILITY EXAMINATIONS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (c), by striking ``the pilot 
        program under''.</DELETED>
<DELETED>    (b) Repeal of Limitation and Obsolete Authority.--That 
section is further amended--</DELETED>
        <DELETED>    (1) by striking subsections (b) and (d); 
        and</DELETED>
        <DELETED>    (2) by redesignating subsection (c), as amended by 
        subsection (a) of this section, as subsection (b).</DELETED>
<DELETED>    (c) Conforming Amendment.--The heading for that section is 
amended to read as follows:</DELETED>

<DELETED>``SEC. 504. AUTHORITY FOR USE OF CONTRACT PHYSICIANS FOR 
              DISABILITY EXAMINATIONS.''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Health 
Care Authorities Extension and 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--EXTENSION AND MODIFICATION OF CERTAIN HEALTH CARE AUTHORITIES

Sec. 101. Extension and modification of certain health care 
                            authorities.
Sec. 102. Enhanced agreement authority for provision of nursing home 
                            care and adult day health care in non-
                            Department of Veterans Affairs facilities.
Sec. 103. Expansion of pilot program of Department of Veterans Affairs 
                            on assisted living for veterans.
Sec. 104. Improvement of program for provision of specialized mental 
                            health services to veterans.

             TITLE II--CONSTRUCTION AND FACILITIES MATTERS

                  Subtitle A--Construction Authorities

Sec. 201. Increase in threshold for major medical facility construction 
                            projects.
Sec. 202. Demolition of obsolete, dilapidated, and hazardous structures 
                            on Department of Veterans Affairs property.

                Subtitle B--Construction Authorizations

Sec. 211. Authorization of major medical facility projects.
Sec. 212. Authorization of major medical facility leases.
Sec. 213. Authorization of appropriations.

                 Subtitle C--Designation of Facilities

Sec. 221. Designation of Department of Veterans Affairs outpatient 
                            clinic, Horsham, Pennsylvania.
Sec. 222. Designation of Department of Veterans Affairs health care 
                            facility, Chicago, Illinois.
Sec. 223. Designation of Department of Veterans Affairs Medical Center, 
                            Houston, Texas.
Sec. 224. Designation of Department of Veterans Affairs Medical Center, 
                            Minneapolis, Minnesota.

                      TITLE III--PERSONNEL MATTERS

Sec. 301. Modification of authority on appointments of personnel in the 
                            Veterans Health Administration.
Sec. 302. Coverage of employees of Veterans' Canteen Service under 
                            additional employment laws.
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.

                        TITLE IV--OTHER MATTERS

 Subtitle A--Capital Asset Realignment for Enhanced Services Initiative

Sec. 401. Advance notification of capital asset realignment initiative.
Sec. 402. Authorization of major construction projects in connection 
                            with capital asset realignment initiative.

               Subtitle B--Extension of Other Authorities

Sec. 411. Three-year extension of housing assistance for homeless 
                            veterans.
Sec. 412. Four-year extension of evaluation of health status of spouses 
                            and children of Persian Gulf War veterans.

                       Subtitle C--Other Matters

Sec. 421. Modification of eligibility of Filipino veterans for health 
                            care in the United States.
Sec. 422. Repeal of limits on terms of certain officials in Office of 
                            Under Secretary for Health.

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--EXTENSION AND MODIFICATION OF CERTAIN HEALTH CARE AUTHORITIES

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

    (a) Treatment of Noninstitutional Extended Care Services as Medical 
Services.--Section 1701(10)(A) is amended by striking ``December 31, 
2003'' and inserting ``December 31, 2008''.
    (b) Required Nursing Home Care.--Section 1710A(c) 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 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, adult day health care, or 
other extended care services under this section, the Secretary may 
enter into agreements for furnishing such care or services utilizing 
such authorities relating to agreements for the provision of services 
under section 1866 of the Social Security Act (42 U.S.C. 1395cc) as the 
Secretary considers appropriate.''; and
            (2) in subsection (f)(1)(B), by inserting ``or agreement'' 
        after ``contract'' each place it appears.

SEC. 103. EXPANSION OF PILOT PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS 
              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 the 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. 104. 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 utilized 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 abuse 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--Construction 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 ``$9,000,000''.

SEC. 202. DEMOLITION OF OBSOLETE, DILAPIDATED, AND HAZARDOUS STRUCTURES 
              ON DEPARTMENT OF VETERANS AFFAIRS PROPERTY.

    (a) In General.--Chapter 81 is amended by adding at the end the 
following new subchapter:

                     ``SUBCHAPTER VI--OTHER MATTERS

``Sec. 8171. Demolition of obsolete, dilapidated, and hazardous 
              structures
    ``(a) Establishment of Fund.--There is established in the Treasury 
a fund to be known as the Department of Veterans Affairs Facilities 
Demolition Fund.
    ``(b) Elements of Fund.--The fund shall consist of the following:
            ``(1) Amounts authorized to be appropriated to the fund.
            ``(2) Any other amounts deposited or transferred to the 
        fund by law.
    ``(c) Availability of Amounts in Fund.--Subject to the provisions 
of appropriations Acts, amounts in the fund shall be available to the 
Secretary for the purpose of the demolition and removal, whether in 
whole or in part, of obsolete, dilapidated, or hazardous structures on 
Department property.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 is amended by adding at the end the following:

                     ``SUBCHAPTER VI--OTHER MATTERS

``8171. Demolition of obsolete, dilapidated, and hazardous 
                            structures.''.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Veterans Affairs for fiscal year 
2004, $25,000,000 for deposit in the Department of Veterans Affairs 
Facilities Demolition Fund established by section 8171 of title 38, 
United States Code, as added by this section.

                Subtitle B--Construction 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.

SEC. 212. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.

    The Secretary of Veterans Affairs may enter into leases for medical 
facilities as follows:
            (1) Lease for the relocation and expansion of a health 
        administration center, Denver, Colorado, in an amount not to 
        exceed $4,080,000.
            (2) Lease for an outpatient clinic extension or for sharing 
        of Department of Veterans Affairs and Department of Defense 
        resources, Pensacola, Florida, in an amount not to exceed 
        $3,800,000.
            (3) Lease of an outpatient clinic extension, Boston, 
        Massachusetts, in an amount not to exceed $2,879,000.
            (4) Lease of a satellite outpatient clinic, Charlotte, 
        North Carolina, in an amount not to exceed $2,626,000.

SEC. 213. 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 $34,500,000 for the projects authorized in section 211; and
            (2) for the Medical Care account, a total of $13,385,000 
        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--Designation of Facilities

SEC. 221. 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.

SEC. 222. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE 
              FACILITY, CHICAGO, ILLINOIS.

    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. 223. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 
              HOUSTON, TEXAS.

    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. 224. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 
              MINNEAPOLIS, MINNESOTA.

    The Department of Veterans Affairs Medical Center in Minneapolis, 
Minnesota, shall after the date of the enactment of this Act be known 
and designated as the ``Paul Wellstone Department of Veterans Affairs 
Medical Center''. Any reference to such medical center in any law, 
regulation, map, document, record, or other paper of the United States 
shall be considered to be a reference to the Paul Wellstone Department 
of Veterans Affairs Medical Center.

                      TITLE III--PERSONNEL MATTERS

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

    Section 7401 is amended--
            (1) in paragraph (2), by striking ``Psychologists'' and all 
        that follows through ``dietitians,'' and inserting 
        ``Dietitians,''; and
            (2) in paragraph (3)--
                    (A) by inserting ``other psychologists,'' after 
                ``approved by the Secretary,''; and
                    (B) by striking ``and occupational therapists'' and 
                inserting ``occupational therapists, kinesiologists, 
                and social workers''.

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 appointment 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.

                        TITLE IV--OTHER MATTERS

 Subtitle A--Capital Asset Realignment for Enhanced Services Initiative

SEC. 401. ADVANCE NOTIFICATION OF CAPITAL ASSET REALIGNMENT INITIATIVE.

    (a) Requirement for Advance Notification.--Before taking any action 
proposed under the Capital Asset Realignment for Enhanced Services 
initiative of the Department of Veterans Affairs, the Secretary of 
Veterans Affairs shall submit to Congress a written notification of the 
intent to take such action.
    (b) Limitation.--The Secretary may not take any proposed action 
described in subsection (a) until the later of--
            (1) the expiration of the 60-day period beginning on the 
        date on which the Secretary submits to Congress the 
        notification of the proposed action required under subsection 
        (a); or
            (2) the expiration of a period of 30 days of continuous 
        session of Congress beginning on such date of notification or, 
        if either House of Congress is not in session on such date, the 
        first day after such date that both Houses of Congress are in 
        session.
    (c) Continuous Session of Congress.--For the purposes of subsection 
(b)--
            (1) the continuity of session of Congress is broken only by 
        an adjournment of Congress sine die; and
            (2) the days on which either House is not in session 
        because of an adjournment of more than three days to a day 
        certain are excluded in the computation of any period of time 
        in which Congress is in continuous session.

SEC. 402. 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, and plan for such projects, as outlined 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 60 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 of the 
Senate and House of Representatives 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 use of such facility to provide tertiary and acute 
        care services to a population that is determined under the 
        Capital Asset Realignment for Enhanced Services initiative to 
        be in need of such facility and not currently served by such 
        facility.
            (C) The use of such facility as an outpatient clinic to 
        provide basic care services to a population of veterans in need 
        of such services, as determined by the Secretary.
            (D) The need for such facility to further an enhanced-use 
        lease or sharing agreement.
            (E) Any other factors 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 regional health care 
networks of the Department and take into account recent shifts in 
populations of veterans among such regional health care networks.
    (d) Multiyear Contract Authority.--To the extent that funds are 
otherwise available for obligation, the Secretary may enter into a 
multiyear contract for a major construction project under this section. 
The period of such a multiyear contract may not exceed five program 
years. If a multiyear contract under this subsection is not fully 
funded when entered into, the contract shall provide that performance 
under the contract during the second and subsequent years of the 
contract is contingent upon the appropriation of funds and may provide 
for a cancellation payment to be made to the contractor if such 
appropriations are not made.
    (e) Funding.--To carry out major construction projects under the 
Capital Asset Realignment for Enhanced Services initiative, the 
Secretary may use any combination of funds appropriated for such 
initiative and funds available to the Secretary for major construction.
    (f) Major Construction Project Defined.--In this section, the term 
``major construction project'' means a major medical facility project, 
as that term is defined in section 8104(a)(3)(A) of title 38, United 
States Code, as amended by section 201 of this Act.

               Subtitle B--Extension of Other Authorities

SEC. 411. THREE-YEAR EXTENSION OF HOUSING ASSISTANCE FOR HOMELESS 
              VETERANS.

    Section 2041(c) is amended by striking ``December 31, 2003'' and 
inserting ``December 31, 2006''.

SEC. 412. FOUR-YEAR EXTENSION OF EVALUATION OF HEALTH STATUS OF SPOUSES 
              AND CHILDREN OF PERSIAN GULF WAR VETERANS.

    Section 107(b) of the Persian Gulf War Veterans' Benefits Act 
(title I of Public Law 103-446; 38 U.S.C. 1117 note) is amended by 
striking ``December 31, 2003'' and inserting ``December 31, 2007''.

                       Subtitle C--Other Matters

SEC. 421. MODIFICATION OF ELIGIBILITY OF FILIPINO VETERANS FOR HEALTH 
              CARE IN THE UNITED STATES.

    The text of section 1734 is amended to read as follows:
    ``(a) The Secretary shall, within the limits of Department 
facilities, furnish hospital and nursing home care and medical services 
to an individual described in subsection (b) in the same manner as 
provided for under section 1710 of this title.
    ``(b) An individual described in this subsection is any individual 
who is residing in the United States and is a citizen of, or an alien 
lawfully admitted for permanent residence in, the United States as 
follows:
            ``(1) A Commonwealth Army veteran.
            ``(2) A new Philippine Scout.''.

SEC. 422. REPEAL OF LIMITS ON TERMS OF CERTAIN OFFICIALS IN OFFICE OF 
              UNDER SECRETARY FOR HEALTH.

    Section 7306 is amended--
            (1) by striking subsection (d); and
            (2) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.
    Amend the title to read as follows: ``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, to authorize major 
construction projects for the Department of Veterans Affairs, and for 
other purposes.''.




                                                       Calendar No. 383

108th CONGRESS

  1st Session

                                S. 1156

                          [Report No. 108-193]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 10, 2003

        Reported with an amendment and an amendment to the title