[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2969 Reported in Senate (RS)]






                                                      Calendar No. 1034
110th CONGRESS
  2d Session
                                S. 2969

                          [Report No. 110-473]

 To amend title 38, United States Code, to enhance the capacity of the 
 Department of Veterans Affairs to recruit and retain nurses and other 
      critical health care professionals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2008

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

           September 18 (legislative day, September 17), 2008

 Reported by Mr. Akaka, 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 enhance the capacity of the 
 Department of Veterans Affairs to recruit and retain nurses and other 
      critical health care professionals, 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 ``Veterans' Medical Personnel 
Recruitment and Retention Act of 2008''.</DELETED>

<DELETED>SEC. 2. ENHANCEMENT OF AUTHORITIES FOR RETENTION OF MEDICAL 
              PROFESSIONALS.</DELETED>

<DELETED>    (a) Secretarial Authority To Extend Title 38 Status to 
Additional Positions.--</DELETED>
        <DELETED>    (1) In general.--Paragraph (3) of section 7401 of 
        title 38, United States Code, is amended by striking ``and 
        blind rehabilitation outpatient specialists.'' and inserting 
        the following: ``blind rehabilitation outpatient specialists, 
        and such other classes of health care occupations as the 
        Secretary considers necessary for the recruitment and retention 
        needs of the Department subject to the following 
        requirements:</DELETED>
                <DELETED>    ``(A) Not later than 45 days before the 
                Secretary appoints any personnel for a class of health 
                care occupations that is not specifically listed in 
                this paragraph, the Secretary shall submit to the 
                Committee on Veterans' Affairs of the Senate, the 
                Committee on Veterans' Affairs of the House of 
                Representatives, and the Office of Management and 
                Budget notice of such appointment.</DELETED>
                <DELETED>    ``(B) Before submitting notice under 
                subparagraph (A), the Secretary shall solicit comments 
                from any labor organization representing employees in 
                such class and include such comments in such 
                notice.''.</DELETED>
        <DELETED>    (2) Appointment of nurse assistants.--Such 
        paragraph is further amended by inserting ``nurse assistants,'' 
        after ``licensed practical or vocational nurses,''.</DELETED>
<DELETED>    (b) Probationary Periods for Nurses.--Section 7403(b) of 
such title is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``Appointments'' 
        and inserting ``Except as otherwise provided in this 
        subsection, appointments'';</DELETED>
        <DELETED>    (2) by redesignating paragraph (2) as paragraph 
        (4); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the following 
        new paragraphs:</DELETED>
<DELETED>    ``(2) An appointment of a nurse under this chapter, 
whether on a full-time basis or a part-time basis, shall be for a 
probationary period ending upon the completion by the person so 
appointed of 4,180 hours of work pursuant to such 
appointment.</DELETED>
<DELETED>    ``(3) An appointment described in subsection (a) on a 
part-time basis of a person who has previously served on a full-time 
basis for the probationary period for the position concerned shall be 
without a probationary period.''.</DELETED>
<DELETED>    (c) Prohibition on Temporary Part-Time Nurse Appointments 
in Excess of 4,180 Hours.--Section 7405(f)(2) of such title is amended 
by inserting after ``year'' the following: ``, except that a part-time 
appointment of a nurse shall not exceed 4,180 hours''.</DELETED>
<DELETED>    (d) Waiver of Offset From Pay for Certain Reemployed 
Annuitants.--</DELETED>
        <DELETED>    (1) In general.--Section 7405 of such title is 
        amended by adding at the end the following:</DELETED>
<DELETED>    ``(g)(1) The Secretary may waive the application of 
sections 8344 and 8468 of title 5 (relating to annuities and pay on 
reemployment) or any other similar provision of law under a Government 
retirement system on a case-by-case basis for an annuitant reemployed 
on a temporary basis under the authority of subsection (a) in a 
position described under paragraph (1) of that subsection.</DELETED>
<DELETED>    ``(2) An annuitant to whom a waiver under paragraph (1) is 
in effect shall not be considered an employee for purposes of any 
Government retirement system.</DELETED>
<DELETED>    ``(3) An annuitant to whom a waiver under paragraph (1) is 
in effect shall be subject to the provisions of chapter 71 of title 5 
(including all labor authority and labor representative collective 
bargaining agreements) applicable to the position to which 
appointed.</DELETED>
<DELETED>    ``(4) In this subsection:</DELETED>
        <DELETED>    ``(A) The term `annuitant' means an annuitant 
        under a Government retirement system.</DELETED>
        <DELETED>    ``(B) The term `employee' has the meaning under 
        section 2105 of title 5.</DELETED>
        <DELETED>    ``(C) The term `Government retirement system' 
        means a retirement system established by law for employees of 
        the Government of the United States.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendment made by 
        paragraph (1) shall take effect on the date that is six months 
        after the date of the enactment of this Act, and shall apply to 
        pay periods beginning on or after such effective 
        date.</DELETED>
<DELETED>    (e) Minimum Rate of Basic Pay for Appointees to the Office 
of the Under Secretary for Health Set to Lowest Rate of Basic Pay 
Payable for a Senior Executive Service Position.--</DELETED>
        <DELETED>    (1) In general.--Section 7404(a) of such title is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``The annual'' and 
                inserting ``(1) The annual'';</DELETED>
                <DELETED>    (B) by striking ``The pay'' and inserting 
                the following:</DELETED>
<DELETED>    ``(2) The pay'';</DELETED>
                <DELETED>    (C) by striking ``under the preceding 
                sentence'' and inserting ``under paragraph (1)''; 
                and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(3) The minimum rate of basic pay for a position to 
which an Executive order applies under paragraph (1) and is not 
described by paragraph (2) may not be less than the lowest rate of 
basic pay payable for a Senior Executive Service position under section 
5382 of title 5.''.</DELETED>
        <DELETED>    (2) Effective date.--The amendments made by 
        paragraph (1) shall take effect on the first day of the first 
        pay period beginning after the day that is 180 days after the 
        date of the enactment of this Act.</DELETED>
<DELETED>    (f) Comparability Pay Program for Appointees to the Office 
of the Under Secretary for Health.--Section 7410 of such title is 
amended--</DELETED>
        <DELETED>    (1) by striking ``The Secretary may'' and 
        inserting ``(a) In General.--The Secretary may''; and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(b) Comparability Pay for Appointees to the Office of 
the Under Secretary for Health.--(1) The Secretary may authorize the 
Under Secretary for Health to provide comparability pay of not more 
than $100,000 per year to individuals of the Veterans Health 
Administration appointed under section 7306 of this title who are not 
physicians or dentists to achieve annual pay levels for such 
individuals that are comparable with annual pay levels of individuals 
with similar positions in the private sector.</DELETED>
<DELETED>    ``(2) Comparability pay under paragraph (1) for an 
individual is in addition to all other pay, awards, and performance 
bonuses paid to such individual under this title.</DELETED>
<DELETED>    ``(3) Except as provided in paragraph (4), comparability 
pay under paragraph (1) for an individual shall be considered basic pay 
for all purposes, including retirement benefits under chapters 83 and 
84 of title 5, and other benefits.</DELETED>
<DELETED>    ``(4) Comparability pay under paragraph (1) for an 
individual shall not be considered basic pay for purposes of adverse 
actions under subchapter V of this chapter.</DELETED>
<DELETED>    ``(5) Comparability pay under paragraph (1) may not be 
awarded to an individual in an amount that would result in an aggregate 
amount of pay (including bonuses and awards) received by such 
individual in a year under this title that is greater than the annual 
pay of the President.''.</DELETED>
<DELETED>    (g) Special Incentive Pay for Department Pharmacist 
Executives.--Section 7410 of such title, as amended by subsection (f), 
is further amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(c) Special Incentive Pay for Department Pharmacist 
Executives.--(1) In order to recruit and retain highly qualified 
Department pharmacist executives, the Secretary may authorize the Under 
Secretary for Health to pay special incentive pay of not more than 
$40,000 per year to an individual of the Veterans Health Administration 
who is a pharmacist executive.</DELETED>
<DELETED>    ``(2) In determining whether and how much special pay to 
provide to such individual, the Under Secretary shall consider the 
following:</DELETED>
        <DELETED>    ``(A) The grade and step of the position of the 
        individual.</DELETED>
        <DELETED>    ``(B) The scope and complexity of the position of 
        the individual.</DELETED>
        <DELETED>    ``(C) The personal qualifications of the 
        individual.</DELETED>
        <DELETED>    ``(D) The characteristics of the labor market 
        concerned.</DELETED>
        <DELETED>    ``(E) Such other factors as the Secretary 
        considers appropriate.</DELETED>
<DELETED>    ``(3) Special incentive pay under paragraph (1) for an 
individual is in addition to all other pay (including basic pay) and 
allowances to which the individual is entitled.</DELETED>
<DELETED>    ``(4) Except as provided in paragraph (5), special 
incentive pay under paragraph (1) for an individual shall be considered 
basic pay for all purposes, including retirement benefits under 
chapters 83 and 84 of title 5, and other benefits.</DELETED>
<DELETED>    ``(5) Special incentive pay under paragraph (1) for an 
individual shall not be considered basic pay for purposes of adverse 
actions under subchapter V of this chapter.</DELETED>
<DELETED>    ``(6) Special incentive pay under paragraph (1) may not be 
awarded to an individual in an amount that would result in an aggregate 
amount of pay (including bonuses and awards) received by such 
individual in a year under this title that is greater than the annual 
pay of the President.''.</DELETED>
<DELETED>    (h) Pay for Physicians and Dentists.--</DELETED>
        <DELETED>    (1) Non-foreign cost of living adjustment 
        allowance.--Section 7431(b) of such title is amended by adding 
        at the end the following:</DELETED>
        <DELETED>    ``(5) The non-foreign cost of living adjustment 
        allowance authorized under section 5941 of title 5 for 
        physicians and dentists whose pay is set under this section 
        shall be determined as a percentage of base pay 
        only.''.</DELETED>
        <DELETED>    (2) Market pay determinations for physicians and 
        dentists in administrative or executive leadership positions.--
        Section 7431(c)(4)(B)(i) of such title is amended by adding at 
        the end the following: ``The Secretary may exempt physicians 
        and dentists occupying administrative or executive leadership 
        positions from the requirements of the previous 
        sentence.''.</DELETED>
        <DELETED>    (3) Exception to prohibition on reduction of 
        market pay.--Section 7431(c)(7) of such title is amended by 
        striking ``concerned.'' and inserting ``concerned, unless there 
        is a change in board certification or reduction of 
        privileges.''.</DELETED>
<DELETED>    (i) Adjustment of Pay Cap for Nurses.--Section 7451(c)(2) 
of such title is amended by striking ``title 5'' and inserting ``title 
5 or the level of GS-15 as prescribed under section 5332 of such title, 
whichever is greater''.</DELETED>
<DELETED>    (j) Exemption for Certified Registered Nurse Anesthetists 
From Limitation on Authorized Competitive Pay.--Section 7451(c)(2) of 
such title is further amended by adding at the end the following new 
sentence: ``The maximum rate of basic pay for a grade for the position 
of certified registered nurse anesthetist pursuant to an adjustment 
under subsection (d) may exceed the maximum rate otherwise provided in 
the preceding sentence.''.</DELETED>
<DELETED>    (k) Locality Pay Scale Computations.--</DELETED>
        <DELETED>    (1) Education, training, and support for facility 
        directors in wage surveys.--Section 7451(d)(3) of such title is 
        amended by adding at the end the following new 
        subparagraph:</DELETED>
<DELETED>    ``(F) The Under Secretary for Health shall provide 
appropriate education, training, and support to directors of Department 
health-care facilities in the conduct and use of surveys under this 
paragraph.''.</DELETED>
        <DELETED>    (2) Information on methodology used in wage 
        surveys.--Section 7451(e)(4) of such title is amended--
        </DELETED>
                <DELETED>    (A) by redesignating subparagraph (D) as 
                subparagraph (E); and</DELETED>
                <DELETED>    (B) by inserting after subparagraph (C) 
                the following new subparagraph (D):</DELETED>
        <DELETED>    ``(D) In any case in which the director conducts 
        such a wage survey during the period covered by the report and 
        makes adjustment in rates of basic pay applicable to one or 
        more covered positions at the facility, information on the 
        methodology used in making such adjustment or 
        adjustments.''.</DELETED>
        <DELETED>    (3) Disclosure of information to persons in 
        covered positions.--Section 7451(e) of such title is further 
        amended by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(6)(A) Upon the request of an individual described in 
subparagraph (B) for a report provided under paragraph (4) with respect 
to a Department health-care facility, the Under Secretary for Health or 
the director of such facility shall provide to the individual the most 
current report for such facility provided under such 
paragraph.</DELETED>
<DELETED>    ``(B) An individual described in this subparagraph is--
</DELETED>
        <DELETED>    ``(i) an individual in a covered position at a 
        Department health-care facility; or</DELETED>
        <DELETED>    ``(ii) a representative of the labor organization 
        representing that individual who is designated by that 
        individual to make the request.''.</DELETED>
<DELETED>    (l) Increased Limitation on Special Pay for Nurse 
Executives.--Section 7452(g)(2) of such title is amended by striking 
``$25,000'' and inserting ``$100,000''.</DELETED>
<DELETED>    (m) Eligibility of Part-Time Nurses for Additional Nurse 
Pay.--</DELETED>
        <DELETED>    (1) In general.--Section 7453 of such title is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (a), by striking ``a 
                nurse'' and inserting ``a full-time nurse or part-time 
                nurse'';</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) in the first sentence--
                        </DELETED>
                                <DELETED>    (I) by striking ``on a 
                                tour of duty'';</DELETED>
                                <DELETED>    (II) by striking ``on such 
                                tour''; and</DELETED>
                                <DELETED>    (III) by striking ``of 
                                such tour'' and inserting ``of such 
                                service''; and</DELETED>
                        <DELETED>    (ii) in the second sentence, by 
                        striking ``of such tour'' and inserting ``of 
                        such service'';</DELETED>
                <DELETED>    (C) in subsection (c)--</DELETED>
                        <DELETED>    (i) by striking ``on a tour of 
                        duty''; and</DELETED>
                        <DELETED>    (ii) by striking ``on such tour''; 
                        and</DELETED>
                <DELETED>    (D) in subsection (e)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        ``eight hours in a day'' and inserting ``eight 
                        consecutive hours''; and</DELETED>
                        <DELETED>    (ii) in paragraph (5)(A), by 
                        striking ``tour of duty'' and inserting 
                        ``period of service''.</DELETED>
        <DELETED>    (2) Exclusion of application of additional nurse 
        pay provisions to certain additional employees.--Section 
        7454(b)(3) of such title is amended to read as 
        follows:</DELETED>
<DELETED>    ``(3) Employees appointed under section 7408 of this title 
performing service on a tour of duty, any part of which is within the 
period commencing at midnight Friday and ending at midnight Sunday, 
shall receive additional pay in addition to the rate of basic pay 
provided such employees for each hour of service on such tour at a rate 
equal to 25 percent of such employee's hourly rate of basic 
pay.''.</DELETED>
<DELETED>    (n) Exemption of Additional Nurse Positions From 
Limitation on Increase in Rates of Basic Pay.--Section 7455(c)(1) of 
such title is amended by inserting after ``nurse anesthetists,'' the 
following: ``licensed practical nurses, licensed vocational nurses, and 
nursing positions otherwise covered by title 5,''.</DELETED>

<DELETED>SEC. 3. LIMITATIONS ON OVERTIME DUTY, WEEKEND DUTY, AND 
              ALTERNATIVE WORK SCHEDULES FOR NURSES.</DELETED>

<DELETED>    (a) Overtime Duty.--</DELETED>
        <DELETED>    (1) In general.--Subchapter IV of chapter 74 of 
        title 38, United States Code, is amended by adding at the end 
        the following new section:</DELETED>
<DELETED>``Sec. 7459. Nurses: special rules for overtime duty</DELETED>
<DELETED>    ``(a) Limitation.--Except as provided in subsection (c), 
the Secretary may not require a nurse to work more than 40 hours (or 24 
hours if such nurse is covered under section 7456) in an administrative 
work week or more than eight consecutive hours (or 12 hours if such 
nurse is covered under section 7456 or 7456A).</DELETED>
<DELETED>    ``(b) Voluntary Overtime.--(1) A nurse may on a voluntary 
basis elect to work hours otherwise prohibited by subsection 
(a).</DELETED>
<DELETED>    ``(2) The refusal of a nurse to work hours prohibited by 
subsection (a) shall not be grounds to discriminate (within the meaning 
of section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
3(a))) against the nurse, dismissal or discharge of the nurse, or any 
other adverse personnel action against the nurse.</DELETED>
<DELETED>    ``(c) Overtime Under Emergency Circumstances.--(1) Subject 
to paragraph (2), the Secretary may require a nurse to work hours 
otherwise prohibited by subsection (a) if--</DELETED>
        <DELETED>    ``(A) the work is a consequence of an emergency 
        that could not have been reasonably anticipated;</DELETED>
        <DELETED>    ``(B) the emergency is non-recurring and is not 
        caused by or aggravated by the inattention of the Secretary or 
        lack of reasonable contingency planning by the 
        Secretary;</DELETED>
        <DELETED>    ``(C) the Secretary has exhausted all good faith, 
        reasonable attempts to obtain voluntary workers;</DELETED>
        <DELETED>    ``(D) the nurse has critical skills and expertise 
        that are required for the work; and</DELETED>
        <DELETED>    ``(E) the work involves work for which the 
        standard of care for a patient assignment requires continuity 
        of care through completion of a case, treatment, or 
        procedure.</DELETED>
<DELETED>    ``(2) A nurse may not be required to work hours under this 
subsection after the requirement for a direct role by the nurse in 
responding to medical needs resulting from the emergency 
ends.</DELETED>
<DELETED>    ``(d) Nurse Defined.--In this section, the term `nurse' 
includes the following;</DELETED>
        <DELETED>    ``(1) A registered nurse.</DELETED>
        <DELETED>    ``(2) A licensed practical or vocational 
        nurse.</DELETED>
        <DELETED>    ``(3) A nurse assistant appointed under this 
        chapter or title 5.</DELETED>
        <DELETED>    ``(4) Any other nurse position designated by the 
        Secretary for purposes of this section.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections at 
        the beginning of chapter 74 of such title is amended by 
        inserting after the item relating to section 7458 the following 
        new item:</DELETED>

<DELETED>``7459. Nurses: special rules for overtime duty.''.
<DELETED>    (b) Weekend Duty.--Section 7456 of such title is amended--
</DELETED>
        <DELETED>    (1) in subsection (a) by striking ``regularly 
        scheduled 12-hour tour of duty'' and inserting ``scheduled 12-
        hour periods of service'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking 
                ``service performed as part of a regularly scheduled 
                12-hour tour of duty'' and inserting ``any service 
                performed''; and</DELETED>
                <DELETED>    (B) in paragraph (3)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``regularly scheduled two 12-hour 
                        tours of duty'' and inserting ``scheduled 12-
                        hour period of service'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``regularly scheduled two 12-hour tour 
                        of duty'' and inserting ``scheduled 12-hour 
                        period of service''; and</DELETED>
                        <DELETED>    (iii) in subparagraph (C), by 
                        striking ``regularly scheduled two 12-hour 
                        tours of duty'' and inserting ``scheduled two 
                        12-hour periods of service'';</DELETED>
        <DELETED>    (3) by striking subsection (c); and</DELETED>
        <DELETED>    (4) by redesignating subsection (d) as 
        (c).</DELETED>
<DELETED>    (c) Alternate Work Schedules.--</DELETED>
        <DELETED>    (1) In general.--Section 7456A(b)(1)(A) of such 
        title is amended by striking ``three regularly scheduled'' and 
        all that follows through the period at the end and inserting 
        ``six regularly scheduled 12-hour periods of service within a 
        pay period shall be considered for all purposes to have worked 
        a full 80-hour pay period.''.</DELETED>
        <DELETED>    (2) Conforming amendments.--Section 7456A(b) of 
        such title is amended--</DELETED>
                <DELETED>    (A) in the subsection heading, by striking 
                ``36/40'' and inserting ``72/80'';</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``40-hour basic work week'' and 
                        inserting ``80-hour pay period'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``regularly scheduled 36-hour tour of 
                        duty within the work week'' and inserting 
                        ``scheduled 72-hour period of service within 
                        the bi-weekly pay period'';</DELETED>
                        <DELETED>    (iii) in subparagraph (C)--
                        </DELETED>
                                <DELETED>    (I) in clause (i), by 
                                striking ``regularly scheduled 36-hour 
                                tour of duty within an administrative 
                                work week'' and inserting ``scheduled 
                                72-hour period of service within an 
                                administrative pay period'';</DELETED>
                                <DELETED>    (II) in clause (ii), by 
                                striking ``regularly scheduled 12-hour 
                                tour of duty'' and inserting 
                                ``scheduled 12-hour period of 
                                service''; and</DELETED>
                                <DELETED>    (III) in clause (iii), by 
                                striking ``regularly scheduled 36-hour 
                                tour of duty work week'' and inserting 
                                ``scheduled 72-hour period of service 
                                pay period''; and</DELETED>
                        <DELETED>    (iv) in subparagraph (D), by 
                        striking ``regularly scheduled 12-hour tour of 
                        duty'' and inserting ``scheduled 12-hour period 
                        of service''; and</DELETED>
                <DELETED>    (C) in paragraph (3), by striking 
                ``regularly scheduled 12-hour tour of duty'' and 
                inserting ``scheduled 12-hour period of 
                service''.</DELETED>

<DELETED>SEC. 4. IMPROVEMENTS TO CERTAIN EDUCATIONAL ASSISTANCE 
              PROGRAMS.</DELETED>

<DELETED>    (a) Reinstatement of Health Professionals Educational 
Assistance Scholarship Program.--</DELETED>
        <DELETED>    (1) In general.--Section 7618 of title 38, United 
        States Code, is amended by striking ``December 31, 1998'' and 
        inserting ``December 31, 2013''.</DELETED>
        <DELETED>    (2) Expansion of eligibility requirements.--
        Paragraph (2) of section 7612(b) of such title is amended by 
        striking ``(under section'' and all that follows through the 
        period at the end and inserting the following: ``as an 
        appointee under paragraph (1) or (3) of section 7401 of this 
        title.''.</DELETED>
<DELETED>    (b) Improvements to Education Debt Reduction Program.--
</DELETED>
        <DELETED>    (1) Inclusion of employee retention as purpose of 
        program.--Section 7681(a)(2) of such title is amended by 
        inserting ``and retention'' after ``recruitment'' the first 
        time it appears.</DELETED>
        <DELETED>    (2) Eligibility.--Section 7682 of such title is 
        amended--</DELETED>
                <DELETED>    (A) in subsection (a)(1), by striking ``a 
                recently appointed'' and inserting ``an''; 
                and</DELETED>
                <DELETED>    (B) by striking subsection (c).</DELETED>
        <DELETED>    (3) Maximum amounts of assistance.--Section 
        7683(d)(1) of such title is amended--</DELETED>
                <DELETED>    (A) by striking ``$44,000'' and inserting 
                ``$60,000''; and</DELETED>
                <DELETED>    (B) by striking ``$10,000'' and inserting 
                ``$12,000''.</DELETED>
<DELETED>    (c) Loan Repayment Program for Clinical Researchers From 
Disadvantaged Backgrounds.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of Veterans Affairs 
        may, in consultation with the Secretary of Health and Human 
        Services, utilize the authorities available in section 487E of 
        the Public Health Service Act (42 U.S.C. 288-5) for the 
        repayment of the principal and interest of educational loans of 
        appropriately qualified health professionals who are from 
        disadvantaged backgrounds in order to secure clinical research 
        by such professionals for the Veterans Health 
        Administration.</DELETED>
        <DELETED>    (2) Limitations.--The exercise by the Secretary of 
        Veterans Affairs of the authorities referred to in paragraph 
        (1) shall be subject to the conditions and limitations 
        specified in paragraphs (2) and (3) of section 487E(a) of the 
        Public Health Service Act (42 U.S.C. 288-5(2) and 
        (3)).</DELETED>
        <DELETED>    (3) Funding.--Amounts for the repayment of 
        principal and interest of educational loans under this 
        subsection shall be derived from amounts available to the 
        Secretary of Veterans for the Veterans Health Administration 
        for Medical Services.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Health 
Care Authorization Act of 2008''.
    (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--DEPARTMENT PERSONNEL MATTERS

Sec. 101. Enhancement of authorities for retention of medical 
                            professionals.
Sec. 102. Limitations on overtime duty, weekend duty, and alternative 
                            work schedules for nurses.
Sec. 103. Improvements to certain educational assistance programs.
Sec. 104. Standards for appointment and practice of physicians in 
                            Department of Veterans Affairs medical 
                            facilities.

                     TITLE II--HEALTH CARE MATTERS

Sec. 201. Repeal of sunset on inclusion of noninstitutional extended 
                            care services in definition of medical 
                            services.
Sec. 202. Extensions of certain authorities.
Sec. 203. Permanent authority for provision of hospital care, medical 
                            services, and nursing home care to veterans 
                            who participated in certain chemical and 
                            biological testing conducted by the 
                            Department of Defense.
Sec. 204. Repeal of certain annual reporting requirements.
Sec. 205. Modifications to annual Gulf War research report.
Sec. 206. Payment for care furnished to CHAMPVA beneficiaries.
Sec. 207. Payor provisions for care furnished to certain children of 
                            Vietnam veterans.
Sec. 208. Disclosures from certain medical records.
Sec. 209. Disclosure to Secretary of health-plan contract information 
                            and Social Security number of certain 
                            veterans receiving care.
Sec. 210. Enhancement of quality assurance.
Sec. 211. Reports on improvements to Department health care quality 
                            assurance.
Sec. 212. Pilot program on training and certification for family 
                            caregiver personal care attendants for 
                            veterans and members of the Armed Forces 
                            with traumatic brain injury.
Sec. 213. Pilot program on provision of respite care to members of the 
                            Armed Forces and veterans with traumatic 
                            brain injury by students in graduate 
                            programs of education related to mental 
                            health or rehabilitation.
Sec. 214. Pilot program on use of community-based organizations and 
                            local and State government entities to 
                            ensure that veterans receive care and 
                            benefits for which they are eligible.
Sec. 215. Specialized residential care and rehabilitation for certain 
                            veterans.
Sec. 216. Exemption from copayment requirement for veterans receiving 
                            hospice care.
Sec. 217. Repeal of limitation on authority to conduct widespread HIV 
                            testing program.
Sec. 218. Authority to disclose medical records to third party for 
                            collection of charges for provision of 
                            certain care.
Sec. 219. Expanded study on the health impact of Project Shipboard 
                            Hazard and Defense.
Sec. 220. Use of non-Department facilities for rehabilitation of 
                            individuals with traumatic brain injury.
Sec. 221. Inclusion of federally recognized tribal organizations in 
                            certain programs for State veterans homes.
Sec. 222. Extension of pilot program on caregiver assistance services.
Sec. 223. Pilot program on provision of dental insurance plans to 
                            veterans and survivors and dependents of 
                            veterans.

                 TITLE III--WOMEN VETERANS HEALTH CARE

Sec. 301. Report on barriers to receipt of health care for women 
                            veterans.
Sec. 302. Plan to improve provision of health care services to women 
                            veterans.
Sec. 303. Independent study on health consequences of women veterans of 
                            military service in Operation Iraqi Freedom 
                            and Operation Enduring Freedom.
Sec. 304. Training and certification for mental health care providers 
                            on care for veterans suffering from sexual 
                            trauma.
Sec. 305. Pilot program on counseling in retreat settings for women 
                            veterans newly separated from service in 
                            the Armed Forces.
Sec. 306. Report on full-time women veterans program managers at 
                            medical centers.
Sec. 307. Service on certain advisory committees of women recently 
                            separated from service in the Armed Forces.
Sec. 308. Pilot program on subsidies for child care for certain 
                            veterans receiving health care.
Sec. 309. Care for newborn children of women veterans receiving 
                            maternity care.

                      TITLE IV--MENTAL HEALTH CARE

Sec. 401. Eligibility of members of the Armed Forces who serve in 
                            Operation Iraqi Freedom or Operation 
                            Enduring Freedom for counseling and 
                            services through Readjustment Counseling 
                            Service.
Sec. 402. Restoration of authority of Readjustment Counseling Service 
                            to provide referral and other assistance 
                            upon request to former members of the Armed 
                            Forces not authorized counseling.
Sec. 403. Study on suicides among veterans.
Sec. 404. Transfer of funds to Secretary of Health and Human Services 
                            for Graduate Psychology Education program.

                       TITLE V--HOMELESS VETERANS

Sec. 501. Pilot program on financial support for entities that 
                            coordinate the provision of supportive 
                            services to formerly homeless veterans 
                            residing on certain military property.
Sec. 502. Pilot program on financial support of entities that 
                            coordinate the provision of supportive 
                            services to formerly homeless veterans 
                            residing in permanent housing.
Sec. 503. Pilot program on financial support of entities that provide 
                            outreach to inform certain veterans about 
                            pension benefits.
Sec. 504. Pilot program on financial support of entities that provide 
                            transportation assistance, child care 
                            assistance, and clothing assistance to 
                            veterans entitled to a rehabilitation 
                            program.
Sec. 505. Assessment of pilot programs.
Sec. 506. Increased authorization of appropriations for comprehensive 
                            service programs.

        TITLE VI--NONPROFIT RESEARCH AND EDUCATION CORPORATIONS

Sec. 601. General authorities on establishment of corporations.
Sec. 602. Clarification of purposes of corporations.
Sec. 603. Modification of requirements for boards of directors of 
                            corporations.
Sec. 604. Clarification of powers of corporations.
Sec. 605. Redesignation of section 7364A of title 38, United States 
                            Code.
Sec. 606. Improved accountability and oversight of corporations.
Sec. 607. Repeal of sunset.

                        TITLE VII--CONSTRUCTION

Sec. 701. Authorization of fiscal year 2009 major medical facility 
                            projects.
Sec. 702. Extension of authorization for Department of Veterans Affairs 
                            Medical Center, New Orleans, Louisiana, 
                            major medical facility construction project 
                            already authorized.
Sec. 703. Authorization of fiscal year 2009 major medical facility 
                            leases.
Sec. 704. Authorization of appropriations.
Sec. 705. Increase in threshold for major medical facility leases 
                            requiring Congressional approval.
Sec. 706. Conveyance of certain non-Federal land by City of Aurora, 
                            Colorado, to Secretary of Veterans Affairs 
                            for construction of veterans medical 
                            facility.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Expansion of authority for Department of Veterans Affairs 
                            police officers.
Sec. 802. Uniform allowance for Department of Veterans Affairs police 
                            officers.
Sec. 803. Conditions for treatment of veterans, their surviving 
                            spouses, and their children as adjudicated 
                            mentally incompetent for certain purposes.

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 or repeal to 
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--DEPARTMENT PERSONNEL MATTERS

SEC. 101. ENHANCEMENT OF AUTHORITIES FOR RETENTION OF MEDICAL 
              PROFESSIONALS.

    (a) Secretarial Authority To Extend Title 38 Status to Additional 
Positions.--
            (1) In general.--Paragraph (3) of section 7401 is amended 
        by striking ``and blind rehabilitation outpatient 
        specialists.'' and inserting the following: ``blind 
        rehabilitation outpatient specialists, and such other classes 
        of health care occupations as the Secretary considers necessary 
        for the recruitment and retention needs of the Department 
        subject to the following requirements:
                    ``(A) Not later than 45 days before the Secretary 
                appoints any personnel for a class of health care 
                occupations that is not specifically listed in this 
                paragraph, the Secretary shall submit to the Committee 
                on Veterans' Affairs of the Senate, the Committee on 
                Veterans' Affairs of the House of Representatives, and 
                the Office of Management and Budget notice of such 
                appointment.
                    ``(B) Before submitting notice under subparagraph 
                (A), the Secretary shall solicit comments from any 
                labor organization representing employees in such class 
                and include such comments in such notice.''.
            (2) Appointment of nurse assistants.--Such paragraph is 
        further amended by inserting ``nurse assistants,'' after 
        ``licensed practical or vocational nurses,''.
    (b) Probationary Periods for Registered Nurses.--Section 7403(b) is 
amended--
            (1) in paragraph (1), by striking ``Appointments'' and 
        inserting ``Except as otherwise provided in this subsection, 
        appointments'';
            (2) by redesignating paragraph (2) as paragraph (4); and
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
    ``(2) An appointment of a registered nurse under this chapter, 
whether on a full-time basis or a part-time basis, shall be for a 
probationary period ending upon the completion by the person so 
appointed of a number of hours of work pursuant to such appointment 
that the Secretary considers appropriate for such appointment but not 
more than 4,180 hours.
    ``(3) An appointment described in subsection (a) on a part-time 
basis of a person who has previously served on a full-time basis for 
the probationary period for the position concerned shall be without a 
probationary period.''.
    (c) Prohibition on Temporary Part-Time Registered Nurse 
Appointments in Excess of 4,180 Hours.--Section 7405 is amended by 
adding at the end the following new subsection:
    ``(g)(1) Employment of a registered nurse on a temporary part-time 
basis under subsection (a)(1) shall be for a probationary period ending 
upon the completion by the person so employed of a number of hours of 
work pursuant to such employment that the Secretary considers 
appropriate for such employment but not more than 4,180 hours.
    ``(2) Upon completion by a registered nurse of the probationary 
period described in paragraph (1)--
            ``(A) the employment of such nurse shall--
                    ``(i) no longer be considered temporary; and
                    ``(ii) be considered an appointment described in 
                section 7403(a) of this title; and
            ``(B) the nurse shall be considered to have served the 
        probationary period required by section 7403(b).''.
    (d) Waiver of Offset From Pay for Certain Reemployed Annuitants.--
            (1) In general.--Section 7405, as amended by subsection 
        (c), is further amended by adding at the end the following new 
        subsection:
    ``(h)(1) The Secretary may waive the application of sections 8344 
and 8468 of title 5 (relating to annuities and pay on reemployment) or 
any other similar provision of law under a Government retirement system 
on a case-by-case basis for an annuitant reemployed on a temporary 
basis under the authority of subsection (a) in a position described 
under paragraph (1) of that subsection.
    ``(2) An annuitant to whom a waiver under paragraph (1) is in 
effect shall not be considered an employee for purposes of any 
Government retirement system.
    ``(3) An annuitant to whom a waiver under paragraph (1) is in 
effect shall be subject to the provisions of chapter 71 of title 5 
(including all labor authority and labor representative collective 
bargaining agreements) applicable to the position to which appointed.
    ``(4) In this subsection:
            ``(A) The term `annuitant' means an annuitant under a 
        Government retirement system.
            ``(B) The term `employee' has the meaning under section 
        2105 of title 5.
            ``(C) The term `Government retirement system' means a 
        retirement system established by law for employees of the 
        Government of the United States.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is six months after the date 
        of the enactment of this Act, and shall apply to pay periods 
        beginning on or after such effective date.
    (e) Rate of Basic Pay for Appointees to the Office of the Under 
Secretary for Health Set to Rate of Basic Pay for Senior Executive 
Service Positions.--
            (1) In general.--Section 7404(a) is amended--
                    (A) by striking ``The annual'' and inserting ``(1) 
                The annual'';
                    (B) by striking ``The pay'' and inserting the 
                following:
    ``(2) The pay'';
                    (C) by striking ``under the preceding sentence'' 
                and inserting ``under paragraph (1)''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(3) The rate of basic pay for a position to which an Executive 
order applies under paragraph (1) and is not described by paragraph (2) 
shall be set in accordance with section 5382 of title 5 as if such 
position were a Senior Executive Service position (as such term is 
defined in section 3132(a) of title 5).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the first day of the first pay period 
        beginning after the day that is 180 days after the date of the 
        enactment of this Act.
    (f) Comparability Pay Program for Appointees to the Office of the 
Under Secretary for Health.--Section 7410 is amended--
            (1) by striking ``The Secretary may'' and inserting ``(a) 
        In General.--The Secretary may''; and
            (2) by adding at the end the following new subsection:
    ``(b) Comparability Pay for Appointees to the Office of the Under 
Secretary for Health.--(1) The Secretary may authorize the Under 
Secretary for Health to provide comparability pay of not more than 
$100,000 per year to individuals of the Veterans Health Administration 
appointed under section 7306 of this title who are not physicians or 
dentists and to individuals who are appointed to Senior Executive 
Service positions (as such term is defined in section 3132(a) of title 
5) to achieve annual pay levels for such individuals that are 
comparable with annual pay levels of individuals with similar positions 
in the private sector.
    ``(2) Comparability pay under paragraph (1) for an individual is in 
addition to all other pay, awards, and performance bonuses paid to such 
individual under this title.
    ``(3) Except as provided in paragraph (4), comparability pay under 
paragraph (1) for an individual shall be considered basic pay for all 
purposes, including retirement benefits under chapters 83 and 84 of 
title 5, and other benefits.
    ``(4) Comparability pay under paragraph (1) for an individual shall 
not be considered basic pay for purposes of adverse actions under 
subchapter V of this chapter.
    ``(5) Comparability pay under paragraph (1) may not be awarded to 
an individual in an amount that would result in an aggregate amount of 
pay (including bonuses and awards) received by such individual in a 
year under this title that is greater than the annual pay of the 
President.''.
    (g) Special Incentive Pay for Department Pharmacist Executives.--
Section 7410, as amended by subsection (f) of this section, is further 
amended by adding at the end the following new subsection:
    ``(c) Special Incentive Pay for Department Pharmacist Executives.--
(1) In order to recruit and retain highly qualified Department 
pharmacist executives, the Secretary may authorize the Under Secretary 
for Health to pay special incentive pay of not more than $40,000 per 
year to an individual of the Veterans Health Administration who is a 
pharmacist executive.
    ``(2) In determining whether and how much special pay to provide to 
such individual, the Under Secretary shall consider the following:
            ``(A) The grade and step of the position of the individual.
            ``(B) The scope and complexity of the position of the 
        individual.
            ``(C) The personal qualifications of the individual.
            ``(D) The characteristics of the labor market concerned.
            ``(E) Such other factors as the Secretary considers 
        appropriate.
    ``(3) Special incentive pay under paragraph (1) for an individual 
is in addition to all other pay (including basic pay) and allowances to 
which the individual is entitled.
    ``(4) Except as provided in paragraph (5), special incentive pay 
under paragraph (1) for an individual shall be considered basic pay for 
all purposes, including retirement benefits under chapters 83 and 84 of 
title 5, and other benefits.
    ``(5) Special incentive pay under paragraph (1) for an individual 
shall not be considered basic pay for purposes of adverse actions under 
subchapter V of this chapter.
    ``(6) Special incentive pay under paragraph (1) may not be awarded 
to an individual in an amount that would result in an aggregate amount 
of pay (including bonuses and awards) received by such individual in a 
year under this title that is greater than the annual pay of the 
President.''.
    (h) Pay for Physicians and Dentists.--
            (1) Non-foreign cost of living adjustment allowance.--
        Section 7431(b) is amended by adding at the end the following 
        new paragraph:
            ``(5) The non-foreign cost of living adjustment allowance 
        authorized under section 5941 of title 5 for physicians and 
        dentists whose pay is set under this section shall be 
        determined as a percentage of base pay only.''.
            (2) Market pay determinations for physicians and dentists 
        in administrative or executive leadership positions.--Section 
        7431(c)(4)(B)(i) is amended by adding at the end the following: 
        ``The Secretary may exempt physicians and dentists occupying 
        administrative or executive leadership positions from the 
        requirements of the previous sentence.''.
            (3) Exception to prohibition on reduction of market pay.--
        Section 7431(c)(7) is amended by striking ``concerned.'' and 
        inserting ``concerned, unless there is a change in board 
        certification or reduction of privileges.''.
    (i) Adjustment of Pay Cap for Nurses.--Section 7451(c)(2) is 
amended by striking ``level V'' and inserting ``level IV''.
    (j) Exemption for Certified Registered Nurse Anesthetists From 
Limitation on Authorized Competitive Pay.--Section 7451(c)(2) is 
further amended by adding at the end the following new sentence: ``The 
maximum rate of basic pay for a grade for the position of certified 
registered nurse anesthetist pursuant to an adjustment under subsection 
(d) may exceed the maximum rate otherwise provided in the preceding 
sentence.''.
    (k) Locality Pay Scale Computations.--
            (1) Education, training, and support for facility directors 
        in wage surveys.--Section 7451(d)(3) is amended by adding at 
        the end the following new subparagraph:
    ``(F) The Under Secretary for Health shall provide appropriate 
education, training, and support to directors of Department health care 
facilities in the conduct and use of surveys, including the use of 
third-party surveys, under this paragraph.''.
            (2) Information on methodology used in wage surveys.--
        Section 7451(e)(4) is amended--
                    (A) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (B) by inserting after subparagraph (C) the 
                following new subparagraph (D):
            ``(D) In any case in which the director conducts such a 
        wage survey during the period covered by the report and makes 
        adjustment in rates of basic pay applicable to one or more 
        covered positions at the facility, information on the 
        methodology used in making such adjustment or adjustments.''.
            (3) Disclosure of information to persons in covered 
        positions.--Section 7451(e), as amended by paragraph (2) of 
        this subsection, is further amended by adding at the end the 
        following new paragraph:
    ``(6)(A) Upon the request of an individual described in 
subparagraph (B) for a report provided under paragraph (4) with respect 
to a Department health-care facility, the Under Secretary for Health or 
the director of such facility shall provide to the individual the most 
current report for such facility provided under such paragraph.
    ``(B) An individual described in this subparagraph is--
            ``(i) an individual in a covered position at a Department 
        health-care facility; or
            ``(ii) a representative of the labor organization 
        representing that individual who is designated by that 
        individual to make the request.''.
    (l) Increased Limitation on Special Pay for Nurse Executives.--
Section 7452(g)(2) is amended by striking ``$25,000'' and inserting 
``$100,000''.
    (m) Eligibility of Part-Time Nurses for Additional Nurse Pay.--
            (1) In general.--Section 7453 is amended--
                    (A) in subsection (a), by striking ``a nurse'' and 
                inserting ``a full-time nurse or part-time nurse'';
                    (B) in subsection (b)--
                            (i) in the first sentence--
                                    (I) by striking ``on a tour of 
                                duty'';
                                    (II) by striking ``service on such 
                                tour'' and inserting ``such service''; 
                                and
                                    (III) by striking ``of such tour'' 
                                and inserting ``of such service''; and
                            (ii) in the second sentence, by striking 
                        ``of such tour'' and inserting ``of such 
                        service'';
                    (C) in subsection (c)--
                            (i) by striking ``on a tour of duty''; and
                            (ii) by striking ``service on such tour'' 
                        and inserting ``such service''; and
                    (D) in subsection (e)--
                            (i) in paragraph (1), by striking ``eight 
                        hours in a day'' and inserting ``eight 
                        consecutive hours''; and
                            (ii) in paragraph (5)(A), by striking 
                        ``tour of duty'' and inserting ``period of 
                        service''.
            (2) Exclusion of application of additional nurse pay 
        provisions to certain additional employees.--Paragraph (3) of 
        section 7454(b) is amended to read as follows:
    ``(3) Employees appointed under section 7408 of this title 
performing service on a tour of duty, any part of which is within the 
period commencing at midnight Friday and ending at midnight Sunday, 
shall receive additional pay in addition to the rate of basic pay 
provided such employees for each hour of service on such tour at a rate 
equal to 25 percent of such employee's hourly rate of basic pay.''.
    (n) Exemption of Additional Nurse Positions From Limitation on 
Increase in Rates of Basic Pay.--Section 7455(c)(1) is amended by 
inserting after ``nurse anesthetists,'' the following: ``licensed 
practical nurses, licensed vocational nurses, and nursing positions 
otherwise covered by title 5,''.

SEC. 102. LIMITATIONS ON OVERTIME DUTY, WEEKEND DUTY, AND ALTERNATIVE 
              WORK SCHEDULES FOR NURSES.

    (a) Overtime Duty.--
            (1) In general.--Subchapter IV of chapter 74 is amended by 
        adding at the end the following new section:
``Sec. 7459. Nursing staff: special rules for overtime duty
    ``(a) Limitation.--Except as provided in subsection (c), the 
Secretary may not require nursing staff to work more than 40 hours (or 
24 hours if such staff is covered under section 7456 of this title) in 
an administrative work week or more than eight consecutive hours (or 12 
hours if such staff is covered under section 7456 or 7456A of this 
title).
    ``(b) Voluntary Overtime.--(1) Nursing staff may on a voluntary 
basis elect to work hours otherwise prohibited by subsection (a).
    ``(2) The refusal of nursing staff to work hours prohibited by 
subsection (a) shall not be grounds to discriminate (within the meaning 
of section 704(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
3(a))) against the staff, dismissal or discharge of the staff, or any 
other adverse personnel action against the staff.
    ``(c) Overtime Under Emergency Circumstances.--(1) Subject to 
paragraph (2), the Secretary may require nursing staff to work hours 
otherwise prohibited by subsection (a) if--
            ``(A) the work is a consequence of an emergency that could 
        not have been reasonably anticipated;
            ``(B) the emergency is non-recurring and is not caused by 
        or aggravated by the inattention of the Secretary or lack of 
        reasonable contingency planning by the Secretary;
            ``(C) the Secretary has exhausted all good faith, 
        reasonable attempts to obtain voluntary workers;
            ``(D) the nurse staff have critical skills and expertise 
        that are required for the work; and
            ``(E) the work involves work for which the standard of care 
        for a patient assignment requires continuity of care through 
        completion of a case, treatment, or procedure.
    ``(2) Nursing staff may not be required to work hours under this 
subsection after the requirement for a direct role by the staff in 
responding to medical needs resulting from the emergency ends.
    ``(d) Nursing Staff Defined.--In this section, the term `nursing 
staff' includes the following;
            ``(1) A registered nurse.
            ``(2) A licensed practical or vocational nurse.
            ``(3) A nurse assistant appointed under this chapter or 
        title 5.
            ``(4) Any other nurse position designated by the Secretary 
        for purposes of this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 74 is amended by inserting after the item 
        relating to section 7458 the following new item:

``7459. Nursing staff: special rules for overtime duty.''.
    (b) Weekend Duty.--Section 7456 is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsection (d) as subsection (c).
    (c) Alternate Work Schedules.--
            (1) In general.--Section 7456A(b)(1)(A) is amended by 
        striking ``three regularly scheduled'' and all that follows 
        through the period at the end and inserting ``six regularly 
        scheduled 12-hour periods of service within a pay period shall 
        be considered for all purposes to have worked a full 80-hour 
        pay period.''.
            (2) Conforming amendments.--Section 7456A(b) is amended--
                    (A) in the subsection heading, by striking ``36/
                40'' and inserting ``72/80'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``40-
                        hour basic work week'' and inserting ``80-hour 
                        pay period'';
                            (ii) in subparagraph (B), by striking 
                        ``regularly scheduled 36-hour tour of duty 
                        within the work week'' and inserting 
                        ``scheduled 72-hour period of service within 
                        the bi-weekly pay period'';
                            (iii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``regularly scheduled 36-hour tour of 
                                duty within an administrative work 
                                week'' and inserting ``scheduled 72-
                                hour period of service within an 
                                administrative pay period'';
                                    (II) in clause (ii), by striking 
                                ``regularly scheduled 12-hour tour of 
                                duty'' and inserting ``scheduled 12-
                                hour period of service''; and
                                    (III) in clause (iii), by striking 
                                ``regularly scheduled 36-hour tour of 
                                duty work week'' and inserting 
                                ``scheduled 72-hour period of service 
                                pay period''; and
                            (iv) in subparagraph (D), by striking 
                        ``regularly scheduled 12-hour tour of duty'' 
                        and inserting ``scheduled 12-hour period of 
                        service''; and
                    (C) in paragraph (3), by striking ``regularly 
                scheduled 12-hour tour of duty'' and inserting 
                ``scheduled 12-hour period of service''.

SEC. 103. IMPROVEMENTS TO CERTAIN EDUCATIONAL ASSISTANCE PROGRAMS.

    (a) Reinstatement of Health Professionals Educational Assistance 
Scholarship Program.--
            (1) In general.--Section 7618 is amended by striking 
        ``December 31, 1998'' and inserting ``December 31, 2013''.
            (2) Expansion of eligibility requirements.--Section 
        7612(b)(2) is amended by striking ``(under section'' and all 
        that follows through ``or vocational nurse.'' and inserting the 
        following: ``as an appointee under paragraph (1) or (3) of 
        section 7401 of this title.''.
    (b) Improvements to Education Debt Reduction Program.--
            (1) Inclusion of employee retention as purpose of 
        program.--Section 7681(a)(2) is amended by inserting ``and 
        retention'' after ``recruitment'' the first time it appears.
            (2) Eligibility.--Section 7682 is amended--
                    (A) in subsection (a)(1), by striking ``a recently 
                appointed'' and inserting ``an''; and
                    (B) by striking subsection (c).
            (3) Maximum amounts of assistance.--Section 7683(d)(1) is 
        amended--
                    (A) by striking ``$44,000'' and inserting 
                ``$60,000''; and
                    (B) by striking ``$10,000'' and inserting 
                ``$12,000''.
    (c) Loan Repayment Program for Clinical Researchers From 
Disadvantaged Backgrounds.--
            (1) In general.--The Secretary of Veterans Affairs may, in 
        consultation with the Secretary of Health and Human Services, 
        utilize the authorities available in section 487E of the Public 
        Health Service Act (42 U.S.C. 288-5) for the repayment of the 
        principal and interest of educational loans of appropriately 
        qualified health professionals who are from disadvantaged 
        backgrounds in order to secure clinical research by such 
        professionals for the Veterans Health Administration.
            (2) Limitations.--The exercise by the Secretary of Veterans 
        Affairs of the authorities referred to in paragraph (1) shall 
        be subject to the conditions and limitations specified in 
        paragraphs (2) and (3) of section 487E(a) of the Public Health 
        Service Act (42 U.S.C. 288-5(2) and (3)).
            (3) Funding.--Amounts for the repayment of principal and 
        interest of educational loans under this subsection shall be 
        derived from amounts available to the Secretary of Veterans for 
        the Veterans Health Administration for Medical Services.

SEC. 104. STANDARDS FOR APPOINTMENT AND PRACTICE OF PHYSICIANS IN 
              DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES.

    (a) Standards.--
            (1) In general.--Subchapter I of chapter 74 is amended by 
        inserting after section 7402 the following new section:
``Sec. 7402A. Appointment and practice of physicians: standards
    ``(a) In General.--The Secretary shall, acting through the Under 
Secretary for Health, prescribe standards to be met by individuals in 
order to qualify for appointment in the Veterans Health Administration 
in the position of physician and to practice as a physician in medical 
facilities of the Administration. The standards shall incorporate the 
requirements of this section.
    ``(b) Disclosure of Certain Information Before Appointment.--Each 
individual seeking appointment in the Veterans Health Administration in 
the position of physician shall do the following:
            ``(1) Provide the Secretary a full and complete explanation 
        of the following:
                    ``(A) Each lawsuit, civil action, or other claim 
                (whether open or closed) brought against the individual 
                for medical malpractice or negligence (other than a 
                lawsuit, action, or claim closed without any judgment 
                against or payment by or on behalf of the individual).
                    ``(B) Each payment made by or on behalf of the 
                individual to settle any lawsuit, action, or claim 
                covered by subparagraph (A).
                    ``(C) Each investigation or disciplinary action 
                taken against the individual relating to the 
                individual's performance as a physician.
            ``(2) Submit a written request and authorization to the 
        State licensing board of each State in which the individual 
        holds or has held a license to practice medicine to disclose to 
        the Secretary any information in the records of such State on 
        the following:
                    ``(A) Each lawsuit, civil action, or other claim 
                brought against the individual for medical malpractice 
                or negligence covered by paragraph (1)(A) that occurred 
                in such State.
                    ``(B) Each payment made by or on behalf of the 
                individual to settle any lawsuit, action, or claim 
                covered by subparagraph (A).
                    ``(C) Each medical malpractice judgment against the 
                individual by the courts or administrative agencies or 
                bodies of such State.
                    ``(D) Each disciplinary action taken or under 
                consideration against the individual by an 
                administrative agency or body of such State.
                    ``(E) Any change in the status of the license to 
                practice medicine issued the individual by such State, 
                including any voluntary or nondisciplinary surrendering 
                of such license by the individual.
                    ``(F) Any open investigation of the individual by 
                an administrative agency or body of such State, or any 
                outstanding allegation against the individual before 
                such an administrative agency or body.
                    ``(G) Any written notification by the State to the 
                individual of potential termination of a license for 
                cause or otherwise.
    ``(c) Disclosure of Certain Information Following Appointment.--(1) 
Each individual appointed in the Veterans Health Administration in the 
position of physician after the date of the enactment of this section 
shall, as a condition of service under the appointment, disclose to the 
Secretary, not later than 30 days after the occurrence of such event, 
the following:
            ``(A) A judgment against the individual for medical 
        malpractice or negligence.
            ``(B) A payment made by or on behalf of the individual to 
        settle any lawsuit, action, or claim disclosed under paragraph 
        (1) or (2) of subsection (b).
            ``(C) Any disposition of or material change in a matter 
        disclosed under paragraph (1) or (2) of subsection (b).
    ``(2) Each individual appointed in the Veterans Health 
Administration in the position of physician as of the date of the 
enactment of this section shall do the following:
            ``(A) Not later than the end of the 60-day period beginning 
        on the date of the enactment of that Act and as a condition of 
        service under the appointment after the end of that period, 
        submit the request and authorization described in subsection 
        (b)(2).
            ``(B) Agree, as a condition of service under the 
        appointment, to disclose to the Secretary, not later than 30 
        days after the occurrence of such event, the following:
                    ``(i) A judgment against the individual for medical 
                malpractice or negligence.
                    ``(ii) A payment made by or on behalf of the 
                individual to settle any lawsuit, action, or claim 
                disclosed pursuant to subparagraph (A) or under this 
                subparagraph.
                    ``(iii) Any disposition of or material change in a 
                matter disclosed pursuant to subparagraph (A) or under 
                this subparagraph.
    ``(3) Each individual appointed in the Veterans Health 
Administration in the position of physician shall, as part of the 
biennial review of the performance of the physician under the 
appointment, submit the request and authorization described in 
subsection (b)(2). The requirement of this paragraph is in addition to 
the requirements of paragraph (1) or (2), as applicable.
    ``(d) Investigation of Disclosed Matters.--(1) The Director of the 
Veterans Integrated Services Network (VISN) in which an individual is 
seeking appointment in the Veterans Health Administration in the 
position of physician shall perform an investigation (in such manner as 
the standards required by this section shall specify) of each matter 
disclosed under subsection (b) with respect to the individual.
    ``(2) The Director of the Veterans Integrated Services Network in 
which an individual is appointed in the Veterans Health Administration 
in the position of physician shall perform an investigation (in a 
manner so specified) of each matter disclosed under subsection (c) with 
respect to the individual.
    ``(3) The results of each investigation performed under this 
subsection shall be fully documented.
    ``(e) Approval of Appointments by Directors of VISNs.--(1) An 
individual may not be appointed in the Veterans Health Administration 
in the position of physician without the approval of the Director of 
the Veterans Integrated Services Network in which the individual will 
first serve under the appointment.
    ``(2) In approving the appointment under this subsection of an 
individual for whom any matters have been disclosed under subsection 
(b), a Director shall--
            ``(A) certify in writing the completion of the performance 
        of the investigation under subsection (d)(1) of each such 
        matter, including the results of such investigation; and
            ``(B) provide a written justification why any matters 
        raised in the course of such investigation do not disqualify 
        the individual from appointment.
    ``(f) Enrollment of Physicians With Practice Privileges in 
Proactive Disclosure Service.--Each medical facility of the Department 
at which physicians are extended the privileges of practice shall 
enroll each physician extended such privileges in the Proactive 
Disclosure Service of the National Practitioner Data Bank.
    ``(g) Encouraging Hiring of Physicians With Board Certification.--
(1) The Secretary shall, for each performance contract with a Director 
of a Veterans Integrated Services Network (VISN), include in such 
contract a provision that encourages such director to hire physicians 
who are board eligible or board certified in the specialty in which the 
physicians will practice.
    ``(2) The Secretary may determine the nature and manner of the 
provision described in paragraph (1).''
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 74 is amended by inserting after the item 
        relating to section 7402 the following new item:

``7402A. Appointment and practice of physicians: standards.''.
    (b) Effective Date and Applicability.--
            (1) Effective date.--Except as provided in paragraphs (2) 
        and (3), the amendments made by subsection (a) shall take 
        effect on the date of the enactment of this Act.
            (2) Applicability of certain requirements to physicians 
        practicing on effective date.--In the case of an individual 
        appointed to the Veterans Health Administration in the position 
        of physician as of the date of the enactment of this Act, the 
        requirements of section 7402A(f) of title 38, United States 
        Code, as added by subsection (a) of this section, shall take 
        effect on the date that is 60 days after the date of the 
        enactment of this Act.
            (3) Applicability of requirements related to hiring of 
        physicians with board certification.--The requirement of 
        section 7402A(g) of such title, as added by subsection (a), 
        shall begin with the first cycle of performance contracts for 
        directors of Veterans Integrated Services Networks beginning 
        after the date of the enactment of this Act.

                     TITLE II--HEALTH CARE MATTERS

SEC. 201. REPEAL OF SUNSET ON INCLUSION OF NONINSTITUTIONAL EXTENDED 
              CARE SERVICES IN DEFINITION OF MEDICAL SERVICES.

    Section 1701 is amended--
            (1) by striking paragraph (10); and
            (2) in paragraph (6)--
                    (A) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by inserting after subparagraph (D) the 
                following new subparagraph (E):
                    ``(E) Noninstitutional extended care services, 
                including alternatives to institutional extended care 
                which the Secretary may furnish directly, by contract, 
                or through provision of case management by another 
                provider or payor.''.

SEC. 202. EXTENSIONS OF CERTAIN AUTHORITIES.

    (a) Nursing Home Care.--Section 1710A(d) is amended by striking 
``December 31, 2008'' and inserting ``December 31, 2013''.
    (b) Recovery Audits.--Section 1703(d)(4) is amended by striking 
``September 30, 2008'' and inserting ``September 30, 2013''.

SEC. 203. PERMANENT AUTHORITY FOR PROVISION OF HOSPITAL CARE, MEDICAL 
              SERVICES, AND NURSING HOME CARE TO VETERANS WHO 
              PARTICIPATED IN CERTAIN CHEMICAL AND BIOLOGICAL TESTING 
              CONDUCTED BY THE DEPARTMENT OF DEFENSE.

    Section 1710(e)(3) is amended--
            (1) in subparagraph (B), by adding ``and'' at the end;
            (2) in subparagraph (C)(ii), by striking ``; and'' and 
        inserting a period; and
            (3) by striking subparagraph (D).

SEC. 204. REPEAL OF CERTAIN ANNUAL REPORTING REQUIREMENTS.

    (a) Nurse Pay Report.--Section 7451 is amended--
            (1) by striking subsection (f); and
            (2) by redesignating subsection (g) as subsection (f).
    (b) Long-Term Planning Report.--
            (1) In general.--Section 8107 is repealed.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 81 is amended by striking the item 
        relating to section 8107.

SEC. 205. MODIFICATIONS TO ANNUAL GULF WAR RESEARCH REPORT.

    Section 707(c)(1) of the Persian Gulf War Veterans' Health Status 
Act (title VII of Public Law 102-585; 38 U.S.C. 527 note) is amended by 
striking ``Not later than March 1 of each year'' and inserting ``Not 
later than July 1, 2008, and July 1 of each of the five following 
years''.

SEC. 206. PAYMENT FOR CARE FURNISHED TO CHAMPVA BENEFICIARIES.

    Section 1781 is amended at the end by adding the following new 
subsection:
    ``(e) Payment by the Secretary under this section on behalf of a 
covered beneficiary for medical care shall constitute payment in full 
and extinguish any liability on the part of the beneficiary for that 
care.''.

SEC. 207. PAYOR PROVISIONS FOR CARE FURNISHED TO CERTAIN CHILDREN OF 
              VIETNAM VETERANS.

    (a) Children of Vietnam Veterans Born With Spina Bifida.--Section 
1803 is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Where payment by the Secretary under this section is less 
than the amount of the charges billed, the health care provider or 
agent of the health care provider may seek payment for the difference 
between the amount billed and the amount paid by the Secretary from a 
responsible third party to the extent that the provider or agent 
thereof would be eligible to receive payment for such care or services 
from such third party, but--
            ``(1) the health care provider or agent for the health care 
        provider may not impose any additional charge on the 
        beneficiary who received the medical care, or the family of 
        such beneficiary, for any service or item for which the 
        Secretary has made payment under this section;
            ``(2) the total amount of payment a provider or agent of 
        the provider may receive for care and services furnished under 
        this section may not exceed the amount billed to the Secretary; 
        and
            ``(3) the Secretary, upon request, shall disclose to such 
        third party information received for the purposes of carrying 
        out this section.''.
    (b) Children of Women Vietnam Veterans Born With Birth Defects.--
Section 1813 is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c) Seeking Payment From Third Parties.--Where payment by the 
Secretary under this section is less than the amount of the charges 
billed, the health care provider or agent of the health care provider 
may seek payment for the difference between the amount billed and the 
amount paid by the Secretary from a responsible third party to the 
extent that the health care provider or agent thereof would be eligible 
to receive payment for such care or services from such third party, 
but--
            ``(1) the health care provider or agent for the health care 
        provider may not impose any additional charge on the 
        beneficiary who received medical care, or the family of such 
        beneficiary, for any service or item for which the Secretary 
        has made payment under this section;
            ``(2) the total amount of payment a provider or agent of 
        the provider may receive for care and services furnished under 
        this section may not exceed the amount billed to the Secretary; 
        and
            ``(3) the Secretary, upon request, shall disclose to such 
        third party information received for the purposes of carrying 
        out this section.''.

SEC. 208. DISCLOSURES FROM CERTAIN MEDICAL RECORDS.

    Section 7332(b)(2) is amended by adding at the end the following 
new subparagraph:
            ``(F)(i) To a representative of a patient who lacks 
        decision-making capacity, when a practitioner deems the content 
        of the given record necessary for that representative to make 
        an informed decision regarding the patient's treatment.
            ``(ii) In this subparagraph, the term `representative' 
        means an individual, organization, or other body authorized 
        under section 7331 of this title and its implementing 
        regulations to give informed consent on behalf of a patient who 
        lacks decision-making capacity.''.

SEC. 209. DISCLOSURE TO SECRETARY OF HEALTH-PLAN CONTRACT INFORMATION 
              AND SOCIAL SECURITY NUMBER OF CERTAIN VETERANS RECEIVING 
              CARE.

    (a) In General.--Subchapter I of chapter 17 is amended by adding at 
the end the following new section:
``Sec. 1709. Disclosure to Secretary of health-plan contract 
              information and social security number of certain 
              veterans receiving care
    ``(a) Required Disclosure of Health-Plan Contracts.--(1) Any 
individual who applies for or is in receipt of care described in 
paragraph (2) shall, at the time of such application, or otherwise when 
requested by the Secretary, submit to the Secretary such current 
information as the Secretary may require to identify any health-plan 
contract (as defined in section 1729(i) of this title) under which such 
individual is covered, to include, as applicable--
            ``(A) the name, address, and telephone number of such 
        health-plan contract;
            ``(B) the name of the individual's spouse, if the 
        individual's coverage is under the spouse's health-plan 
        contract;
            ``(C) the plan number; and
            ``(D) the plan's group code.
    ``(2) The care described in this paragraph is--
            ``(A) hospital, nursing home, or domiciliary care;
            ``(B) medical, rehabilitative, or preventive health 
        services; or
            ``(C) other medical care under laws administered by the 
        Secretary.
    ``(b) Required Disclosure of Social Security Number.--(1) Any 
individual who applies for or is in receipt of care described in 
paragraph (2) shall, at the time of such application, or otherwise when 
requested by the Secretary, submit to the Secretary--
            ``(A) the individual's Social Security number; and
            ``(B) the Social Security number of any dependent or 
        Department beneficiary on whose behalf, or based upon whom, 
        such individual applies for or is in receipt of such care.
    ``(2) The care described in this paragraph is--
            ``(A) hospital, nursing home, or domiciliary care;
            ``(B) medical, rehabilitative, or preventive health 
        services; or
            ``(C) other medical care under laws administered by the 
        Secretary.
    ``(3) This subsection does not require an individual to furnish the 
Secretary with a Social Security number for any individual to whom a 
Social Security number has not been assigned.
    ``(c) Failure to Disclose Social Security Number.--(1) The 
Secretary shall deny an individual's application for, or may terminate 
an individual's enrollment in, the system of patient enrollment 
established by the Secretary under section 1705 of this title, if such 
individual does not provide the Social Security number required or 
requested to be submitted pursuant to subsection (b).
    ``(2) Following a denial or termination under paragraph (1) with 
respect to an individual, the Secretary may, upon receipt of the 
information required or requested under subsection (b), approve such 
individual's application or reinstate such individual's enrollment (if 
otherwise in order), for such medical care and services provided on and 
after the date of such receipt of information.
    ``(d) Construction.--Nothing in this section shall be construed as 
authority to deny medical care and treatment to an individual in a 
medical emergency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter 17 is amended by inserting after the item relating to 
section 1708 the following new item:

``1709. Disclosure to Secretary of health-plan contract information and 
                            Social Security number of certain veterans 
                            receiving care.''.

SEC. 210. ENHANCEMENT OF QUALITY ASSURANCE.

    (a) Enhancement of Quality Assurance Through Quality Assurance 
Officers.--
            (1) In general.--Subchapter II of chapter 73 is amended by 
        inserting after section 7311 the following new section:
``Sec. 7311A. Quality assurance officers
    ``(a) National Quality Assurance Officer.--(1) The Under Secretary 
for Health shall designate an official of the Veterans Health 
Administration to act as the principal quality assurance officer for 
the quality assurance program required by section 7311 of this title. 
The official so designated may be known as the `National Quality 
Assurance Officer of the Veterans Health Administration' (in this 
section referred to as the `National Quality Assurance Officer').
    ``(2) The National Quality Assurance Officer shall report directly 
to the Under Secretary for Health in the discharge of responsibilities 
and duties of the Officer under this section.
    ``(3) The National Quality Assurance Officer shall be the official 
within the Veterans Health Administration who is principally 
responsible for the quality assurance program referred to in paragraph 
(1). In carrying out that responsibility, the Officer shall be 
responsible for--
            ``(A) establishing and enforcing the requirements of that 
        program; and
            ``(B) carrying out such other responsibilities and duties 
        relating to quality assurance in the Veterans Health 
        Administration as the Under Secretary for Health shall specify.
    ``(4) The requirements under paragraph (3) shall include 
requirements regarding the following:
            ``(A) A confidential system for the submittal of reports by 
        Veterans Health Administration personnel regarding quality 
        assurance at Department facilities.
            ``(B) Mechanisms for the peer review of the actions of 
        individuals appointed in the Veterans Health Administration in 
        the position of physician.
            ``(C) Mechanisms for the accountability of the facility 
        director and chief medical officer of each Veterans Health 
        Administration medical facility for the actions of physicians 
        in such facility.
    ``(b) Quality Assurance Officers for VISNs.--(1) The Regional 
Director of each Veterans Integrated Services Network (VISN) shall 
appoint an official of the Network to act as the quality assurance 
officer of the Network.
    ``(2) The quality assurance officer for a Veterans Integrated 
Services Network shall report to the Regional Director of the Veterans 
Integrated Services Network, and to the National Quality Assurance 
Officer, regarding the discharge of the responsibilities and duties of 
the officer under this section.
    ``(3) The quality assurance officer for a Veterans Integrated 
Services Network shall--
            ``(A) direct the quality assurance office in the Network; 
        and
            ``(B) coordinate, monitor, and oversee the quality 
        assurance programs and activities of the Administration medical 
        facilities in the Network in order to ensure the thorough and 
        uniform discharge of quality assurance requirements under such 
        programs and activities throughout such facilities.
    ``(c) Quality Assurance Officers for Medical Facilities.--(1) The 
director of each Veterans Health Administration medical facility shall 
appoint a quality assurance officer for that facility.
    ``(2) The official appointed as a quality assurance officer for a 
facility under this subsection shall be a practicing physician at the 
facility. If the official appointed as quality assurance officer for a 
facility has other clinical or administrative duties, the director of 
the facility shall ensure that those duties are sufficiently limited in 
scope so as to ensure that those duties do not prevent the officer from 
effectively discharging the responsibilities and duties of quality 
assurance officer at the facility.
    ``(3) The quality assurance officer for a facility shall report 
directly to the director of the facility, and to the quality assurance 
officer of the Veterans Integrated Services Network in which the 
facility is located, regarding the discharge of the responsibilities 
and duties of the quality assurance officer under this section.
    ``(4) The quality assurance officer for a facility shall be 
responsible for designing, disseminating, and implementing quality 
assurance programs and activities for the facility that meet the 
requirements established by the National Quality Assurance Officer 
under subsection (a).''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 73 is amended by inserting after the item 
        relating to section 7311 the following new item:

``7311A. Quality assurance officers.''.
    (b) Reports on Quality Concerns Under Quality Assurance Program.--
Section 7311(b) is amended by adding at the end the following new 
paragraph:
    ``(4) As part of the quality assurance program, the Under Secretary 
for Health shall establish mechanisms through which employees of 
Veterans Health Administration facilities may submit reports, on a 
confidential basis, on matters relating to quality of care in Veterans 
Health Administration facilities to the quality assurance officers of 
such facilities under section 7311A(b) of this title. The mechanisms 
shall provide for the prompt and thorough review of any reports so 
submitted by the receiving officials.''.
    (c) Review of Current Health Care Quality Safeguards.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        conduct a comprehensive review of all current policies and 
        protocols of the Department of Veterans Affairs for maintaining 
        health care quality and patient safety at Department medical 
        facilities. The review shall include a review and assessment of 
        the National Surgical Quality Improvement Program (NSQIP), 
        including an assessment of--
                    (A) the efficacy of the quality indicators under 
                the program;
                    (B) the efficacy of the data collection methods 
                under the program;
                    (C) the efficacy of the frequency with which 
                regular data analyses are performed under the program; 
                and
                    (D) the extent to which the resources allocated to 
                the program are adequate to fulfill the stated function 
                of the program.
            (2) Report.--Not later than 60 days after the date of the 
        enactment of this Act, the Secretary shall submit to Congress a 
        report on the review conducted under paragraph (1), including 
        the findings of the Secretary as a result of the review and 
        such recommendations as the Secretary considers appropriate in 
        light of the review.

SEC. 211. REPORTS ON IMPROVEMENTS TO DEPARTMENT HEALTH CARE QUALITY 
              ASSURANCE.

    (a) Report.--Not later than December 15, 2009, and each year 
thereafter through 2012, the Secretary of Veterans Affairs shall submit 
to the congressional veterans affairs committees a report on the 
implementation of sections 104 and 210 of this Act and the amendments 
made by such sections during the preceding fiscal year. Each report 
shall include, for the fiscal year covered by such report, the 
following:
            (1) A comprehensive description of the implementation of 
        sections 104 and 210 of this Act and the amendments made by 
        such sections.
            (2) Such recommendations as the Secretary considers 
        appropriate for legislative or administrative action to improve 
        the authorities and requirements in such sections and the 
        amendments made by such sections or to otherwise improve the 
        quality of health care and the quality of the physicians in the 
        Veterans Health Administration.
    (b) Congressional Veterans Affairs Committees Defined.--In this 
section, the term ``congressional veterans affairs committees'' means--
            (1) the Committees on Veterans' Affairs and Appropriations 
        of the Senate; and
            (2) the Committees on Veterans' Affairs and Appropriations 
        of the House of Representatives.

SEC. 212. PILOT PROGRAM ON TRAINING AND CERTIFICATION FOR FAMILY 
              CAREGIVER PERSONAL CARE ATTENDANTS FOR VETERANS AND 
              MEMBERS OF THE ARMED FORCES WITH TRAUMATIC BRAIN INJURY.

    (a) Pilot Program Authorized.--The Secretary of Veterans Affairs 
shall, in collaboration with the Secretary of Defense, carry out a 
pilot program to assess the feasibility and advisability of providing 
training and certification for family caregivers of veterans and 
members of the Armed Forces with traumatic brain injury as personal 
care attendants of such veterans and members.
    (b) Duration of Program.--The pilot program required by subsection 
(a) shall be carried out during the three-year period beginning on the 
date of the commencement of the pilot program.
    (c) Locations.--
            (1) In general.--The pilot program under this section shall 
        be carried out--
                    (A) in three medical facilities of the Department 
                of Veterans Affairs; and
                    (B) if determined appropriate by the Secretary of 
                Veterans Affairs and the Secretary of Defense, one 
                medical facility of the Department of Defense.
            (2) Emphasis on polytrauma centers.--In selecting the 
        locations of the pilot program at facilities of the Department 
        of Veterans Affairs, the Secretary of Veterans Affairs shall 
        give special emphasis to the polytrauma centers of the 
        Department of Veterans Affairs designated as Tier I polytrauma 
        centers.
    (d) Training Curricula.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        develop curricula for the training of personal care attendants 
        under the pilot program under this section. Such curricula 
        shall incorporate--
                    (A) applicable standards and protocols utilized by 
                certification programs of national brain injury care 
                specialist organizations; and
                    (B) best practices recognized by caregiving 
                organizations.
            (2) Use of existing curricula.--In developing the curricula 
        required by paragraph (1), the Secretary of Veterans Affairs 
        shall, to the extent practicable, utilize and expand upon 
        training curricula developed pursuant to section 744(b) of the 
        John Warner National Defense Authorization Act for Fiscal Year 
        2007 (Public Law 109-364; 120 Stat. 2308).
    (e) Participation in Programs.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        determine the eligibility of a family member of a veteran or 
        member of the Armed Forces for participation in the pilot 
        program under this section.
            (2) Basis for determination.--A determination made under 
        paragraph (1) shall be based on the needs of the veteran or 
        member of the Armed Forces concerned, as determined by the 
        physician of such veteran or member.
    (f) Eligibility for Compensation.--A family caregiver of a veteran 
or member of the Armed Forces who receives certification as a personal 
care attendant under the pilot program under this section shall be 
eligible for compensation from the Department of Veterans Affairs for 
care provided to such veteran or member.
    (g) Costs of Training.--
            (1) Training of families of veterans.--Any costs of 
        training provided under the pilot program under this section 
        for family members of veterans shall be borne by the Secretary 
        of Veterans Affairs.
            (2) Training of families of members of the armed forces.--
        The Secretary of Defense shall reimburse the Secretary of 
        Veterans Affairs for any costs of training provided under the 
        pilot program for family members of members of the Armed 
        Forces.
    (h) Assessment of Family Caregiver Needs.--
            (1) In general.--The Secretary of Veterans Affairs may 
        provide to a family caregiver who receives training under a 
        pilot program under this section--
                    (A) an assessment of their needs with respect to 
                their role as a family caregiver; and
                    (B) a referral to services and support that--
                            (i) are relevant to any needs identified in 
                        such assessment; and
                            (ii) are provided in the community where 
                        the family caregiver resides, including such 
                        services and support provided by community-
                        based organizations, publicly-funded programs, 
                        and the Department of Veterans Affairs.
            (2) Use of existing tools.--In developing and administering 
        an assessment under paragraph (1), the Secretary shall, to the 
        extent practicable, use and expand upon caregiver assessment 
        tools already developed and in use by the Department.
    (i) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall submit to Congress 
a report on the pilot program carried out under this section, including 
the recommendations of the Secretary with respect to expansion or 
modification of the pilot program.
    (j) Construction.--Nothing in this section shall be construed--
            (1) to establish a mandate or right for a family caregiver 
        to be trained and certified under this section; and
            (2) to prohibit the Secretary from considering or adopting 
        the preference of a veteran or member of the Armed Forces for 
        services provided by a personal care attendant who is not a 
        family caregiver.
    (k) Family Caregiver Defined.--In this section, with respect to 
member of the Armed Forces or a veteran with traumatic brain injury, 
the term ``family caregiver'' means a family member of such member or 
veteran, or such other individual of similar affinity to such member or 
veteran as the Secretary proscribes, who is providing care to such 
member or veteran for such traumatic brain injury.

SEC. 213. PILOT PROGRAM ON PROVISION OF RESPITE CARE TO MEMBERS OF THE 
              ARMED FORCES AND VETERANS WITH TRAUMATIC BRAIN INJURY BY 
              STUDENTS IN GRADUATE PROGRAMS OF EDUCATION RELATED TO 
              MENTAL HEALTH OR REHABILITATION.

    (a) Pilot Program Authorized.--The Secretary of Veterans Affairs 
shall, in collaboration with the Secretary of Defense, carry out a 
pilot program to assess the feasibility and advisability of providing 
respite care to members of the Armed Forces and veterans described in 
subsection (c) through students enrolled in graduate programs of 
education described in subsection (d)(1) to provide--
            (1) relief to the family caregivers of such members and 
        veterans from the responsibilities associated with providing 
        care to such members and veterans; and
            (2) socialization and cognitive skill development to such 
        members and veterans.
    (b) Duration of Program.--The pilot program required by subsection 
(a) shall be carried out during the three-year period beginning on the 
date of the commencement of the pilot program.
    (c) Covered Members and Veterans.--The members of the Armed Forces 
and veterans described in this subsection are the individuals as 
follows:
            (1) Members of the Armed Forces who have been diagnosed 
        with traumatic brain injury, including limitations of 
        ambulatory mobility, cognition, and verbal abilities.
            (2) Veterans who have been so diagnosed.
    (d) Program Locations.--
            (1) In general.--The pilot program shall be carried out at 
        not more than 10 locations selected by the Secretary of 
        Veterans Affairs for purposes of the pilot program. Each 
        location so selected shall be a medical facility of the 
        Department of Veterans Affairs that is in close proximity to, 
        or that has a relationship, affiliation, or established 
        partnership with, an institution of higher education that has a 
        graduate program in an appropriate mental health or 
        rehabilitation related field, such as social work, nursing, 
        psychology, occupational therapy, physical therapy, or 
        interdisciplinary training programs.
            (2) Considerations.--In selecting medical facilities of the 
        Department for the pilot program, the Secretary shall give 
        special consideration to the following:
                    (A) The polytrauma centers of the Department 
                designated as Tier I polytrauma centers.
                    (B) Facilities of the Department in regions with a 
                high concentration of veterans with traumatic brain 
                injury.
    (e) Scope of Assistance.--
            (1) Use of graduate students.--In carrying out the pilot 
        program, the Secretary shall--
                    (A) recruit students enrolled in a graduate program 
                of education selected by the Secretary under subsection 
                (d)(1) to provide respite care to the members of the 
                Armed Forces and veterans described in subsection (c);
                    (B) train such students to provide respite care to 
                such members and veterans; and
                    (C) match such students with such members and 
                veterans in the student's local area for the provision 
                of individualized respite care to such members and 
                veterans.
            (2) Determinations in conjunction with heads of graduate 
        programs of education.--The Secretary shall determine, in 
        collaboration with the head of the graduate program of 
        education chosen to participate in the pilot program under 
        subsection (d)(1), the following:
                    (A) The amount of training that a student shall 
                complete before providing respite care under the pilot 
                program.
                    (B) The number of hours of respite care to be 
                provided by the students who participate in the pilot 
                program.
                    (C) The requirements for successful participation 
                by a student in the pilot program.
    (f) Training Standards and Best Practices.--In providing training 
under subsection (e)(1)(B), the Secretary shall use--
            (1) applicable standards and protocols used by 
        certification programs of national brain injury care specialist 
        organizations in the provision of respite care training; and
            (2) best practices recognized by caregiving organizations.
    (g) Definitions.--In this section:
            (1) Family caregiver.--With respect to member of the Armed 
        Forces or a veteran with traumatic brain injury, the term 
        ``family caregiver'' means a relative, partner, or friend of 
        such member or veteran who is providing care to such member or 
        veteran for such traumatic brain injury.
            (2) Respite care.--The term ``respite care'' means the 
        temporary provision of care to an individual to provide relief 
        to the regular caregiver of the individual from the ongoing 
        responsibility of providing care to such individual.

SEC. 214. PILOT PROGRAM ON USE OF COMMUNITY-BASED ORGANIZATIONS AND 
              LOCAL AND STATE GOVERNMENT ENTITIES TO ENSURE THAT 
              VETERANS RECEIVE CARE AND BENEFITS FOR WHICH THEY ARE 
              ELIGIBLE.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs 
shall carry out a pilot program to assess the feasibility and 
advisability of using community-based organizations and local and State 
government entities--
            (1) to increase the coordination of community, local, 
        State, and Federal providers of health care and benefits for 
        veterans to assist veterans who are transitioning from military 
        service to civilian life in such transition;
            (2) to increase the availability of high quality medical 
        and mental health services to veterans transitioning from 
        military service to civilian life;
            (3) to provide assistance to families of veterans who are 
        transitioning from military service to civilian life to help 
        such families adjust to such transition; and
            (4) to provide outreach to veterans and their families to 
        inform them about the availability of benefits and connect them 
        with appropriate care and benefit programs.
    (b) Duration of Program.--The pilot program shall be carried out 
during the two-year period beginning on the date of the enactment of 
this Act.
    (c) Program Locations.--
            (1) In general.--The pilot program shall be carried out at 
        five locations selected by the Secretary for purposes of the 
        pilot program.
            (2) Considerations.--In selecting locations for the pilot 
        program, the Secretary shall consider the advisability of 
        selecting locations in--
                    (A) rural areas;
                    (B) areas with populations that have a high 
                proportion of minority group representation;
                    (C) areas with populations that have a high 
                proportion of individuals who have limited access to 
                health care; and
                    (D) areas that are not in close proximity to an 
                active duty military installation.
    (d) Grants.--The Secretary shall carry out the pilot program 
through the award of grants to community-based organizations and local 
and State government entities.
    (e) Selection of Grant Recipients.--
            (1) In general.--A community-based organization or local or 
        State government entity seeking a grant under the pilot program 
        shall submit to the Secretary of Veterans Affairs an 
        application therefor in such form and in such manner as the 
        Secretary considers appropriate.
            (2) Elements.--Each application submitted under paragraph 
        (1) shall include the following:
                    (A) A description of how the proposal was developed 
                in consultation with the Department of Veterans 
                Affairs.
                    (B) A plan to coordinate activities under the pilot 
                program, to the greatest extent possible, with the 
                local, State, and Federal providers of services for 
                veterans to reduce duplication of services and to the 
                increase effect of such services.
    (f) Use of Grant Funds.--The Secretary shall prescribe appropriate 
uses of grant funds received under the pilot program.
    (g) Report on Program.--
            (1) In general.--Not later than 180 days after the 
        completion of the pilot program, the Secretary shall submit to 
        Congress a report on the pilot program.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) The findings and conclusions of the Secretary 
                with respect to the pilot program.
                    (B) An assessment of the benefits to veterans of 
                the pilot program.
                    (C) The recommendations of the Secretary as to the 
                advisability of continuing the pilot program.

SEC. 215. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR CERTAIN 
              VETERANS.

    Section 1720 is amended by adding at the end the following new 
subsection:
    ``(g) The Secretary may contract with appropriate entities to 
provide specialized residential care and rehabilitation services to a 
veteran of Operation Enduring Freedom or Operation Iraqi Freedom who 
the Secretary determines suffers from a traumatic brain injury, has an 
accumulation of deficits in activities of daily living and instrumental 
activities of daily living, and because of these deficits, would 
otherwise require admission to a nursing home even though such care 
would generally exceed the veteran's nursing needs.''.

SEC. 216. EXEMPTION FROM COPAYMENT REQUIREMENT FOR VETERANS RECEIVING 
              HOSPICE CARE.

    Section 1710 is amended--
            (1) in subsection (f)(1), by inserting ``(except if such 
        care constitutes hospice care)'' after ``nursing home care''; 
        and
            (2) in subsection (g)(1), by inserting ``(except if such 
        care constitutes hospice care)'' after ``medical services''.

SEC. 217. REPEAL OF LIMITATION ON AUTHORITY TO CONDUCT WIDESPREAD HIV 
              TESTING PROGRAM.

    Section 124 of the Veterans' Benefits and Services Act of 1988 
(title I of Public Law 100-322, as amended; 38 U.S.C. 7333 note) is 
repealed.

SEC. 218. AUTHORITY TO DISCLOSE MEDICAL RECORDS TO THIRD PARTY FOR 
              COLLECTION OF CHARGES FOR PROVISION OF CERTAIN CARE.

    (a) Limited Exception to Confidentiality of Medical Records.--
Section 5701 is amended by adding at the end the following new 
subsection:
    ``(l) Under regulations that the Secretary shall prescribe, the 
Secretary may disclose the name or address, or both, of any individual 
who is a present or former member of the Armed Forces, or who is a 
dependent of a present or former member of the Armed Forces, to a third 
party, as defined in section 1729(i)(3)(D) of this title, in order to 
enable the Secretary to collect reasonable charges under section 
1729(a)(2)(E) of this title for care or services provided for a non-
service-connected disability.''.
    (b) Disclosures From Certain Medical Records.--Section 7332(b)(2), 
as amended by section 208 of this Act, is further amended by adding at 
the end the following new subparagraph:
            ``(G) To a third party, as defined in section 1729(i)(3)(D) 
        of this title, to collect reasonable charges under section 
        1729(a)(2)(E) of this title for care or services provided for a 
        non-service-connected disability.''.

SEC. 219. EXPANDED STUDY ON THE HEALTH IMPACT OF PROJECT SHIPBOARD 
              HAZARD AND DEFENSE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall enter 
into a contract with the Institute of Medicine of the National 
Academies to conduct an expanded study on the health impact of Project 
Shipboard Hazard and Defense (Project SHAD).
    (b) Covered Veterans.--The study required by subsection (a) shall 
include, to the extent practicable, all veterans who participated in 
Project Shipboard Hazard and Defense.
    (c) Utilization of Existing Studies.--The study required by 
subsection (a) may use results from the study covered in the report 
entitled ``Long-Term Health Effects of Participation in Project SHAD'' 
of the Institute of Medicine of the National Academies.

SEC. 220. USE OF NON-DEPARTMENT FACILITIES FOR REHABILITATION OF 
              INDIVIDUALS WITH TRAUMATIC BRAIN INJURY.

    Section 1710E is amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) Covered Individuals.--The care and services provided under 
subsection (a) shall be made available to an individual--
            ``(1) who is described in section 1710C(a) of this title; 
        and
            ``(2)(A) to whom the Secretary is unable to provide such 
        treatment or services at the frequency or for the duration 
        prescribed in such plan; or
            ``(B) for whom the Secretary determines that it is optimal 
        with respect to the recovery and rehabilitation for such 
        individual.''; and
            (3) by adding at the end the following new subsection:
    ``(d) Standards.--The Secretary may not provide treatment or 
services as described in subsection (a) at a non-Department facility 
under such subsection unless such facility maintains standards for the 
provision of such treatment or services established by an independent, 
peer-reviewed organization that accredits specialized rehabilitation 
programs for adults with traumatic brain injury.''.

SEC. 221. INCLUSION OF FEDERALLY RECOGNIZED TRIBAL ORGANIZATIONS IN 
              CERTAIN PROGRAMS FOR STATE VETERANS HOMES.

    (a) Treatment of Tribal Organization Health Facilities as State 
Homes.--Section 8138 is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e)(1) A health facility (or certain beds in a health facility) 
of a tribal organization is treatable as a State home under subsection 
(a) in accordance with the provisions of that subsection.
    ``(2) Except as provided in paragraph (3), the provisions of this 
section shall apply to a health facility (or certain beds in such 
facility) treated as a State home under subsection (a) by reason of 
this subsection to the same extent as health facilities (or beds) 
treated as a State home under subsection (a).
    ``(3) Subsection (f) shall not apply to the treatment of health 
facilities (or certain beds in such facilities) of tribal organizations 
as a State home under subsection (a).''.
    (b) State Home Facilities for Domiciliary, Nursing, and Other 
Care.--
            (1) In general.--Chapter 81 is further amended--
                    (A) in section 8131, by adding at the end the 
                following new paragraph:
            ``(5) The term `tribal organization' has the meaning given 
        such term in section 3765 of this title.'';
                    (B) in section 8132, by inserting ``and tribal 
                organizations'' after ``the several States''; and
                    (C) by inserting after section 8133 the following 
                new section:
``Sec. 8133A. Tribal organizations
    ``(a) Authority to Award Grants.--The Secretary may award a grant 
to a tribal organization under this subchapter in order to carry out 
the purposes of this subchapter.
    ``(b) Manner and Condition of Grant Awards.--(1) Grants to tribal 
organizations under this section shall be awarded in the same manner, 
and under the same conditions, as grants awarded to the several States 
under the provisions of this subchapter, subject to such exceptions as 
the Secretary shall prescribe for purposes of this subchapter to take 
into account the unique circumstances of tribal organizations.
    ``(2) For purposes of according priority under subsection (c)(2) of 
section 8135 of this title to an application submitted under subsection 
(a) of such section, an application submitted under such subsection (a) 
by a tribal organization of a State that has previously applied for 
award of a grant under this subchapter for construction or acquisition 
of a State nursing home shall be considered under subparagraph (C) of 
such subsection (c)(2) an application from a tribal organization that 
has not previously applied for such a grant.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 81 is amended by inserting after the item 
        relating to section 8133 the following new item:

``8133A. Tribal organizations.''.

SEC. 222. EXTENSION OF PILOT PROGRAM ON CAREGIVER ASSISTANCE SERVICES.

    Section 214(d) of the Veterans Benefits, Health Care, and 
Information Technology Act of 2006 (Public Law 109-461; 38 U.S.C. 1710B 
note) is amended by striking ``each of fiscal years 2007 and 2008'' and 
inserting ``each of the fiscal years 2007 through 2009''.

SEC. 223. PILOT PROGRAM ON PROVISION OF DENTAL INSURANCE PLANS TO 
              VETERANS AND SURVIVORS AND DEPENDENTS OF VETERANS.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs 
shall carry out a pilot program to assess the feasibility and 
advisability of providing a dental insurance plan to veterans and 
survivors and dependents of veterans described in subsection (b).
    (b) Covered Veterans and Survivors and Dependents.--The veterans 
and survivors and dependents of veterans described in this subsection 
are as follows:
            (1) Any veteran who is enrolled in the system of annual 
        patient enrollment under section 1705 of this title.
            (2) Any survivor or dependent of a veteran who is eligible 
        for medical care under section 1781 of this title.
    (c) Duration of Program.--The pilot program shall be carried out 
during the three-year period beginning on the date of the enactment of 
this Act.
    (d) Pilot Program Locations.--The pilot program shall be carried 
out in not less than two and not more than four Veterans Integrated 
Services Networks (VISNs) selected by the Secretary of Veterans Affairs 
for purposes of the pilot program.
    (e) Administration.--The Secretary of Veterans Affairs shall 
contract with a dental insurer to administer the dental plan provided 
under the pilot program.
    (f) Benefits.--The dental insurance plan under the pilot program 
shall provide such benefits for dental care and treatment as the 
Secretary considers appropriate for the dental insurance plan, 
including diagnostic services, preventative services, endodontics and 
other restorative services, surgical services, and emergency services.
    (g) Enrollment.--
            (1) Voluntary.--Enrollment in the dental insurance plan 
        under this section shall be voluntary.
            (2) Minimum period.--Enrollment in the dental insurance 
        plan shall be for such minimum period as the Secretary shall 
        prescribe for purposes of this section.
    (h) Premiums.--
            (1) In general.--Premiums for coverage under the dental 
        insurance plan under the pilot program shall be in such amount 
        or amounts as the Secretary of Veterans Affairs shall prescribe 
        to cover all costs associated with the pilot program.
            (2) Annual adjustment.--The Secretary shall adjust the 
        premiums payable under the pilot program for coverage under the 
        dental insurance plan on an annual basis. Each individual 
        covered by the dental insurance plan at the time of such an 
        adjustment shall be notified of the amount and effective date 
        of such adjustment.
            (3) Responsibility for payment.--Each individual covered by 
        the dental insurance plan shall pay the entire premium for 
        coverage under the dental insurance plan, in addition to the 
        full cost of any copayments.
    (i) Voluntary Disenrollment.--
            (1) In general.--With respect to enrollment in the dental 
        insurance plan under the pilot program, the Secretary shall--
                    (A) permit the voluntary disenrollment of an 
                individual in the dental insurance plan if the 
                disenrollment occurs during the 30-day period beginning 
                on the date of the enrollment of the individual in the 
                dental insurance plan; and
                    (B) permit the voluntary disenrollment of an 
                individual in the dental insurance plan for such 
                circumstances as the Secretary shall prescribe for 
                purposes of this subsection, but only to the extent 
                such disenrollment does not jeopardize the fiscal 
                integrity of the dental insurance plan.
            (2) Allowable circumstances.--The circumstances prescribed 
        under paragraph (1)(B) shall include the following:
                    (A) If an individual enrolled in the dental 
                insurance plan relocates to a location outside the 
                jurisdiction of the dental insurance plan that prevents 
                utilization of the benefits under the dental insurance 
                plan.
                    (B) If an individual enrolled in the dental 
                insurance plan is prevented by a serious medical 
                condition from being able to obtain benefits under the 
                dental insurance plan.
                    (C) Such other circumstances as the Secretary shall 
                prescribe for purposes of this subsection.
            (3) Establishment of procedures.--The Secretary shall 
        establish procedures for determinations on the permissibility 
        of voluntary disenrollments under paragraph (1)(B). Such 
        procedures shall ensure timely determinations on the 
        permissibility of such disenrollments.
    (j) Relationship to Dental Care Provided by Secretary.--Nothing in 
this section shall affect the responsibility of the Secretary to 
provide dental care under section 1712 of title 38, United States Code, 
and the participation of an individual in the dental insurance plan 
under the pilot program shall not affect the individual's entitlement 
to outpatient dental services and treatment, and related dental 
appliances, under that section.
    (k) Regulations.--The dental insurance plan under the pilot program 
shall be administered under such regulations as the Secretary shall 
prescribe.

                 TITLE III--WOMEN VETERANS HEALTH CARE

SEC. 301. REPORT ON BARRIERS TO RECEIPT OF HEALTH CARE FOR WOMEN 
              VETERANS.

    (a) Report.--Not later than June 1, 2009, the Secretary of Veterans 
Affairs shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives a report on the barriers to the receipt of 
comprehensive health care through the Department of Veterans Affairs 
that are encountered by women veterans, especially veterans of 
Operation Iraqi Freedom and Operation Enduring Freedom.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An identification and assessment of the following:
                    (A) Any stigma perceived or associated with seeking 
                mental health care services through the Department of 
                Veterans Affairs.
                    (B) The effect on access to care through the 
                Department of driving distance or availability of other 
                forms of transportation to the nearest appropriate 
                facility of the Department.
                    (C) The availability of child care.
                    (D) The receipt of health care through women's 
                health clinics, integrated primary care clinics, or 
                both.
                    (E) The extent of comprehension of eligibility 
                requirements for health care through the Department, 
                and the scope of health care services available through 
                the Department.
                    (F) The quality and nature of the reception of 
                women veterans by Department health care providers and 
                other staff.
                    (G) The perception of personal safety and comfort 
                of women veterans in inpatient, outpatient, and 
                behavioral health facilities of the Department.
                    (H) The sensitivity of Department health care 
                providers and other staff to issues that particularly 
                affect women.
                    (I) The effectiveness of outreach on health care 
                services of the Department that are available to women 
                veterans.
                    (J) Such other matters as the Secretary identifies 
                for purposes of the assessment.
            (2) Such recommendations for administrative and legislative 
        action as the Secretary considers appropriate in light of the 
        report.
    (c) Facility of the Department Defined.--In this section, the term 
``facility of the Department'' has the meaning given that term in 
section 1701 of title 38, United States Code.

SEC. 302. PLAN TO IMPROVE PROVISION OF HEALTH CARE SERVICES TO WOMEN 
              VETERANS.

    (a) Plan To Improve Services.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        develop a plan to--
                    (A) improve the provision of health care services 
                to women veterans; and
                    (B) plan appropriately for the future health care 
                needs, including mental health care needs, of women 
                serving on active duty in the Armed Forces in the 
                combat theaters of Operation Iraqi Freedom and 
                Operation Enduring Freedom.
            (2) Required actions.--In developing the plan required by 
        this subsection, the Secretary of Veterans Affairs shall--
                    (A) identify the types of health care services to 
                be available to women veterans at each Department of 
                Veterans Affairs medical center; and
                    (B) identify the personnel and other resources 
                required to provide such services to women veterans 
                under the plan at each such medical center.
    (b) Submittal of Plan to Congress.--Not later than 18 months after 
the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall submit to the Committee on Veterans' Affairs of the 
Senate and the Committee on Veterans' Affairs of the House of 
Representatives the plan required by this section, along with such 
recommendations for administrative and legislative action as the 
Secretary considers appropriate in light of the plan.

SEC. 303. INDEPENDENT STUDY ON HEALTH CONSEQUENCES OF WOMEN VETERANS OF 
              MILITARY SERVICE IN OPERATION IRAQI FREEDOM AND OPERATION 
              ENDURING FREEDOM.

    (a) Study Required.--The Secretary of Veterans Affairs shall enter 
into an agreement with a non-Department of Veterans Affairs entity for 
the purpose of conducting a study on health consequences for women 
veterans of service on active duty in the Armed Forces in deployment in 
Operation Iraqi Freedom and Operation Enduring Freedom.
    (b) Specific Matters Studied.--The study under subsection (a) shall 
include the following:
            (1) A determination of any association of environmental and 
        occupational exposures and combat in Operation Iraqi Freedom or 
        Operation Enduring Freedom with the general health, mental 
        health, or reproductive health of women who served on active 
        duty in the Armed Forces in Operation Iraqi Freedom or 
        Operation Enduring Freedom.
            (2) A review and analysis of published literature on 
        environmental and occupational exposures of women while serving 
        in the Armed Forces, including combat trauma, military sexual 
        trauma, and exposure to potential teratogens associated with 
        reproductive problems and birth defects.
    (c) Report.--
            (1) In general.--Not later than 18 months after entering 
        into the agreement for the study under subsection (a), the 
        entity described in subsection (a) shall submit to the 
        Secretary of Veterans Affairs and to Congress a report on the 
        study containing such findings and determinations as the entity 
        considers appropriate.
            (2) Responsive report.--Not later than 90 days after the 
        receipt of the report under paragraph (1), the Secretary shall 
        submit to Congress a report setting forth the response of the 
        Secretary to the findings and determinations of the entity 
        described in subsection (a) in the report under paragraph (1).

SEC. 304. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE PROVIDERS 
              ON CARE FOR VETERANS SUFFERING FROM SEXUAL TRAUMA.

    (a) Program Required.--Section 1720D is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d)(1) The Secretary shall implement a program for education, 
training, certification, and continuing medical education for mental 
health professionals to specialize in the provision of counseling and 
care to veterans eligible for services under subsection (a). In 
carrying out the program, the Secretary shall ensure that all such 
mental health professionals have been trained in a consistent manner 
and that such training includes principles of evidence-based treatment 
and care for sexual trauma.
    ``(2) The Secretary shall determine the minimum qualifications 
necessary for mental health professionals certified by the program 
under paragraph (1) to provide evidence-based treatment and therapy to 
veterans eligible for services under subsection (a) in facilities of 
the Department.
    ``(e) The Secretary shall submit to Congress each year a report on 
the counseling and care and services provided to veterans under this 
section. Each report shall include data for the preceding year with 
respect to the following:
            ``(1) The number of mental health professionals and primary 
        care providers who have been certified under the program under 
        subsection (d), and the amount and nature of continuing medical 
        education provided under such program to professionals and 
        providers who have been so certified.
            ``(2) The number of women veterans who received counseling 
        and care and services under subsection (a) from professionals 
        and providers who have been trained or certified under the 
        program under subsection (d).
            ``(3) The number of training, certification, and continuing 
        medical education programs operating under subsection (d).
            ``(4) The number of trained full-time equivalent employees 
        required in each facility of the Department to meet the needs 
        of veterans requiring treatment and care for sexual trauma.
            ``(5) Such other information as the Secretary considers 
        appropriate.''.
    (b) Standards for Personnel Providing Treatment for Sexual 
Trauma.--The Secretary of Veterans Affairs shall establish education, 
training, certification, and staffing standards for Department of 
Veterans Affairs health-care facilities for full-time equivalent 
employees who are trained to provide treatment and care to veterans for 
sexual trauma.

SEC. 305. PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS FOR WOMEN 
              VETERANS NEWLY SEPARATED FROM SERVICE IN THE ARMED 
              FORCES.

    (a) Pilot Program Required.--
            (1) In general.--Commencing not later than 180 days after 
        the date of the enactment of this Act, the Secretary of 
        Veterans Affairs shall carry out, through the Readjustment 
        Counseling Service of the Veterans Health Administration, a 
        pilot program to evaluate the feasibility and advisability of 
        providing reintegration and readjustment services described in 
        subsection (b) in group retreat settings to women veterans who 
        are recently separated from service in the Armed Forces after a 
        prolonged deployment.
            (2) Participation at election of veteran.--The 
        participation of a veteran in the pilot program under this 
        section shall be at the election of the veteran.
    (b) Covered Services.--The services provided to a women veteran 
under the pilot program shall include the following:
            (1) Information on reintegration into the veteran's family, 
        employment, and community.
            (2) Financial counseling.
            (3) Occupational counseling.
            (4) Information and counseling on stress reduction.
            (5) Information and counseling on conflict resolution.
            (6) Such other information and counseling as the Secretary 
        considers appropriate to assist women veterans under the pilot 
        program in reintegration into the veteran's family and 
        community.
    (c) Locations.--The Secretary shall carry out the pilot program at 
not fewer than five locations selected by the Secretary for purposes of 
the pilot program.
    (d) Duration.--The pilot program shall be carried out during the 
two-year period beginning on the date of the commencement of the pilot 
program.
    (e) Report.--Not later than 180 days after the completion of the 
pilot program, the Secretary shall submit to Congress a report on the 
pilot program. The report shall contain the findings and conclusions of 
the Secretary as a result of the pilot program, and shall include such 
recommendations for the continuation or expansion of the pilot program 
as the Secretary considers appropriate.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Veterans Affairs for each of fiscal 
years 2009 and 2010, $2,000,000 to carry out the pilot program.

SEC. 306. REPORT ON FULL-TIME WOMEN VETERANS PROGRAM MANAGERS AT 
              MEDICAL CENTERS.

    The Secretary shall, acting through the Under Secretary for Health, 
submit to Congress a report on employment of full-time women veterans 
program managers at Department of Veterans Affairs medical centers to 
ensure that health care needs of women veterans are met. Such report 
should include an assessment of whether there is at least one full-time 
employee at each Department medical center who is a full-time women 
veterans program manager.

SEC. 307. SERVICE ON CERTAIN ADVISORY COMMITTEES OF WOMEN RECENTLY 
              SEPARATED FROM SERVICE IN THE ARMED FORCES.

    (a) Advisory Committee on Women Veterans.--Section 542(a)(2)(A) is 
amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after clause (iii) the following new 
        clause:
            ``(iv) women veterans who are recently separated from 
        service in the Armed Forces.''.
    (b) Advisory Committee on Minority Veterans.--Section 544(a)(2)(A) 
is amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) in clause (iv), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after clause (iv) the following new 
        clause:
            ``(v) women veterans who are minority group members and are 
        recently separated from service in the Armed Forces.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to appointments made on or after the date of the enactment of 
this Act.

SEC. 308. PILOT PROGRAM ON SUBSIDIES FOR CHILD CARE FOR CERTAIN 
              VETERANS RECEIVING HEALTH CARE.

    (a) Pilot Program Required.--The Secretary of Veterans Affairs 
shall carry out a pilot program to assess the feasibility and 
advisability of providing, subject to subsection (b), subsidies to 
qualified veterans described in subsection (c) to obtain child care so 
that such veterans can receive health care services described in such 
subsection.
    (b) Limitation on Period of Payments.--A subsidy may only be 
provided to a qualified veteran under the pilot program for receipt of 
child care during the period that the qualified veteran--
            (1) receives the types of health care services referred to 
        in subsection (c) at a facility of the Department; and
            (2) requires to travel to and return from such facility for 
        the receipt of such health care services.
    (c) Qualified Veterans.--In this section, the term ``qualified 
veteran'' means a veteran who is the primary caretaker of a child or 
children and who is receiving from the Department one or more of the 
following health care services:
            (1) Regular mental health care services.
            (2) Intensive mental health care services.
            (3) Such other intensive health care services that the 
        Secretary determines that payment to the veteran for the 
        provision of child care would improve access to those health 
        care services by the veteran.
    (d) Locations.--The Secretary shall carry out the pilot program in 
no fewer than three Veterans Integrated Service Networks (VISNs) 
selected by the Secretary for purposes of the pilot program.
    (e) Duration.--The pilot program shall be carried out during the 
two-year period beginning on the date of the commencement of the pilot 
program.
    (f) Existing Model.--To the extent practicable, the Secretary shall 
model the pilot program after the Department of Veterans Affairs Child 
Care Subsidy Program that was established pursuant to section 630 of 
the Treasury and General Government Appropriations Act, 2002 (Public 
Law 107-67; 115 Stat. 552), using the same income eligibility standards 
and payment structure.
    (g) Report.--Not later than six months after the completion of the 
pilot program, the Secretary shall submit to Congress a report on the 
pilot program. The report shall include the findings and conclusions of 
the Secretary as a result of the pilot program, and shall include such 
recommendations for the continuation or expansion of the pilot program 
as the Secretary considers appropriate.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Veterans Affairs for each of fiscal 
years 2009 and 2010, $1,500,000 to carry out the pilot program.

SEC. 309. CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING 
              MATERNITY CARE.

    (a) In General.--Subchapter VIII of chapter 17 is amended by adding 
at the end the following new section:

``SEC. 1786. CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING 
              MATERNITY CARE.

    ``(a) In General.--The Secretary may furnish health care services 
described in subsection (b) to a newborn child of a woman veteran who 
is receiving maternity care furnished by the Department for not more 
than 7 days after the birth of the child if the veteran delivered the 
child in--
            ``(1) a facility of the Department; or
            ``(2) another facility pursuant to a Department contract 
        for services relating to such delivery.
    ``(b) Covered Health Care Services.--Health care services described 
in this subsection are all post-delivery care services, including 
routine care services, that a newborn requires.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 is amended by inserting after the item relating to section 
1785 the following new item:

``1786. Care for newborn children of women veterans receiving maternity 
                            care.''.

                      TITLE IV--MENTAL HEALTH CARE

SEC. 401. ELIGIBILITY OF MEMBERS OF THE ARMED FORCES WHO SERVE IN 
              OPERATION IRAQI FREEDOM OR OPERATION ENDURING FREEDOM FOR 
              COUNSELING AND SERVICES THROUGH READJUSTMENT COUNSELING 
              SERVICE.

    (a) In General.--Any member of the Armed Forces, including a member 
of the National Guard or Reserve, who serves on active duty in the 
Armed Forces in Operation Iraqi Freedom or Operation Enduring Freedom 
is eligible for readjustment counseling and related mental health 
services under section 1712A of title 38, United States Code, through 
the Readjustment Counseling Service of the Veterans Health 
Administration.
    (b) No Requirement for Current Active Duty Service.--A member of 
the Armed Forces who meets the requirements for eligibility for 
counseling and services under subsection (a) is entitled to counseling 
and services under that subsection regardless of whether or not the 
member is currently on active duty in the Armed Forces at the time of 
receipt of counseling and services under that subsection.
    (c) Regulations.--The eligibility of members of the Armed Forces 
for counseling and services under subsection (a) shall be subject to 
such regulations as the Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly prescribe for purposes of this section.
    (d) Subject to Availability of Appropriations.--The provision of 
counseling and services under subsection (a) shall be subject to the 
availability of appropriations for such purpose.

SEC. 402. RESTORATION OF AUTHORITY OF READJUSTMENT COUNSELING SERVICE 
              TO PROVIDE REFERRAL AND OTHER ASSISTANCE UPON REQUEST TO 
              FORMER MEMBERS OF THE ARMED FORCES NOT AUTHORIZED 
              COUNSELING.

    Section 1712A is amended by inserting after subsection (b) the 
following new subsection:
    ``(c) Upon receipt of a request for counseling under this section 
from any individual who has been discharged or released from active 
military, naval, or air service but who is not otherwise eligible for 
such counseling, the Secretary shall--
            ``(1) provide referral services to assist such individual, 
        to the maximum extent practicable, in obtaining mental health 
        care and services from sources outside the Department; and
            ``(2) if pertinent, advise such individual of such 
        individual's rights to apply to the appropriate military, 
        naval, or air service, and to the Department, for review of 
        such individual's discharge or release from such service.''.

SEC. 403. STUDY ON SUICIDES AMONG VETERANS.

    (a) Study Required.--The Secretary of Veterans Affairs shall 
conduct a study to determine the number of veterans who died by suicide 
between January 1, 1997, and the date of the enactment of this Act.
    (b) Coordination.--In carrying out the study under subsection (b) 
the Secretary of Veterans Affairs shall coordinate with--
            (1) the Secretary of Defense;
            (2) Veterans Service Organizations;
            (3) the Centers for Disease Control and Prevention; and
            (4) State public health offices and veterans agencies.
    (c) Report to Congress.--The Secretary of Veterans Affairs shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on the study required under subsection (b) and the findings of the 
Secretary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 404. TRANSFER OF FUNDS TO SECRETARY OF HEALTH AND HUMAN SERVICES 
              FOR GRADUATE PSYCHOLOGY EDUCATION PROGRAM.

    (a) Transfer of Funds.--Not later than September 30, 2009, the 
Secretary of Veterans Affairs shall transfer $5,000,000 from accounts 
of the Veterans Health Administration to the Secretary of Health and 
Human Services for the Graduate Psychology Education program 
established under section 755(b)(1)(J) of the Public Health Service Act 
(42 U.S.C. 294e(b)(1)(J)).
    (b) Use of Funds Transferred.--Funds transferred under subsection 
(a) shall be used to award grants to support the training of 
psychologists in the treatment of veterans with post traumatic stress 
disorder, traumatic brain injury, and other combat-related disorders.
    (c) Preference for Department of Veterans Affairs Health Care 
Facilities.--In the awarding of grants under subsection (b), the 
Graduate Psychology Education program shall give preference to health 
care facilities of the Department of Veterans Affairs and graduate 
programs of education that are affiliated with such facilities.

                       TITLE V--HOMELESS VETERANS

SEC. 501. PILOT PROGRAM ON FINANCIAL SUPPORT FOR ENTITIES THAT 
              COORDINATE THE PROVISION OF SUPPORTIVE SERVICES TO 
              FORMERLY HOMELESS VETERANS RESIDING ON CERTAIN MILITARY 
              PROPERTY.

    (a) Establishment.--
            (1) In general.--Subject to the availability of 
        appropriations for such purpose, the Secretary of Veterans 
        Affairs may carry out a pilot program to make grants to public 
        and nonprofit organizations (including faith-based and 
        community organizations) to coordinate the provision of 
        supportive services available in the local community to very 
        low income, formerly homeless veterans residing in permanent 
        housing that is located on qualifying property described in 
        subsection (b).
            (2) Number of grants.--The Secretary may make grants at up 
        to 10 qualifying properties under the pilot program.
    (b) Qualifying Property.--Qualifying property described in this 
subsection is property that--
            (1) was part of a military installation that was closed in 
        accordance with--
                    (A) decisions made as part of the 2005 round of 
                defense base closure and realignment under the Defense 
                Base Closure and Realignment Act of 1990 (part A of 
                title XXIX of Public Law 101-510; 10 U.S.C. 2687 note); 
                and
                    (B) subchapter III of chapter 5 of title 40, United 
                States Code; and
            (2) the Secretary of Defense determines, after considering 
        any redevelopment plans of any local redevelopment authority 
        relating to such property, may be used to assist the homeless 
        in accordance with such redevelopment plan.
    (c) Criteria for Grants.--The Secretary shall prescribe criteria 
and requirements for grants under this section and shall publish such 
criteria and requirements in the Federal Register.
    (d) Duration of Program.--The authority of the Secretary to provide 
grants under a pilot program under this section shall cease on the date 
that is five years after the date of the commencement of the pilot 
program.
    (e) Very Low Income Defined.--In this section, the term ``very low 
income'' has the meaning given that term in the Resident 
Characteristics Report issued annually by the Department of Housing and 
Urban Development.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated from amounts made available under the heading ``General 
Operating Expenses'', not more than $3,000,000 in each of fiscal years 
2009 through 2013 to carry out the purposes of this section.

SEC. 502. PILOT PROGRAM ON FINANCIAL SUPPORT OF ENTITIES THAT 
              COORDINATE THE PROVISION OF SUPPORTIVE SERVICES TO 
              FORMERLY HOMELESS VETERANS RESIDING IN PERMANENT HOUSING.

    (a) Establishment of Pilot Program.--
            (1) In general.--Subject to the availability of 
        appropriations for such purpose, the Secretary of Veterans 
        Affairs may carry out a pilot program to make grants to public 
        and nonprofit organizations (including faith-based and 
        community organizations) to coordinate the provision of 
        supportive services available in the local community to very 
        low income, formerly homeless veterans residing in permanent 
        housing.
            (2) Number of grants.--The Secretary may make grants at up 
        to 10 qualifying properties under the pilot program.
    (b) Qualifying Property.--Any property in the United States on 
which permanent housing is provided or afforded to formerly homeless 
veterans, as determined by the Secretary.
    (c) Criteria for Grants.--The Secretary shall prescribe criteria 
and requirements for grants under this section and shall publish such 
criteria and requirements in the Federal Register.
    (d) Duration of Pilot Program.--The authority of the Secretary to 
provide grants under a pilot program under this section shall cease on 
the date that is five years after the date of the commencement of the 
pilot program.
    (e) Very Low Income Defined.--In this section, the term ``very low 
income'' has the meaning given that term in the Resident 
Characteristics Report issued annually by the Department of Housing and 
Urban Development.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated from amounts made available under the heading ``General 
Operating Expenses'', not more than $3,000,000 in each of fiscal years 
2009 through 2013 to carry out the purposes of this section.

SEC. 503. PILOT PROGRAM ON FINANCIAL SUPPORT OF ENTITIES THAT PROVIDE 
              OUTREACH TO INFORM CERTAIN VETERANS ABOUT PENSION 
              BENEFITS.

    (a) Authority To Make Grants.--In addition to the outreach 
authority provided to the Secretary of Veterans Affairs by section 6303 
of title 38 United States Code, the Secretary may carry out a pilot 
program to make grants to public and nonprofit organizations (including 
faith-based and community organizations) for services to provide 
outreach to inform low-income and elderly veterans and their spouses 
who reside in rural areas of benefits for which they may be eligible 
under chapter 15 of title 38, United States Code.
    (b) Criteria for Grants.--The Secretary shall prescribe criteria 
and requirements for grants under this section and shall publish such 
criteria and requirements in the Federal Register.
    (c) Duration of Pilot Program.--The authority of the Secretary to 
provide grants under a pilot program under this section shall cease on 
the date that is five years after the date of the commencement of the 
pilot program.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated from amounts made available under the heading ``General 
Operating Expenses'', not more than $1,275,000 in each of fiscal years 
2009 through 2013 to carry out the purposes of this section.

SEC. 504. PILOT PROGRAM ON FINANCIAL SUPPORT OF ENTITIES THAT PROVIDE 
              TRANSPORTATION ASSISTANCE, CHILD CARE ASSISTANCE, AND 
              CLOTHING ASSISTANCE TO VETERANS ENTITLED TO A 
              REHABILITATION PROGRAM.

    (a) Pilot Program Authorized.--
            (1) In general.--Subject to the availability of 
        appropriations authorized under subsection (g), the Secretary 
        of Veterans Affairs may carry out a pilot program to assess the 
        feasibility and advisability of providing financial assistance 
        to eligible entities to establish new programs or activities, 
        or expand or modify existing programs or activities, to provide 
        to each eligible transitioning individual who is entitled and 
        eligible for a rehabilitation program under chapter 31 of title 
        38, United States Code, the following assistance:
                    (A) Transportation assistance to facilitate such 
                eligible transitioning individual's participation in 
                such rehabilitation program or related activity. Such 
                assistance may include--
                            (i) providing transportation;
                            (ii) paying for or reimbursing 
                        transportation costs; and
                            (iii) paying for or reimbursing other 
                        transportation-related expenses (including 
                        orientation on the use of transportation) .
                    (B) Child care assistance to facilitate such 
                eligible transitioning individual's participation in 
                such rehabilitation program or related activity. Such 
                assistance may include--
                            (i) child care services; or
                            (ii) reimbursement of expenses related to 
                        child care.
                    (C) Clothing assistance, which may include personal 
                services in selecting, and payment of a monetary 
                allowance to cover the cost of purchasing, clothing and 
                accessories suitable for a job interview or related 
                activity consistent with such eligible transitioning 
                individual's participation in such rehabilitation 
                program or related activity.
            (2) Eligible transitioning individual.--For purposes of 
        this section, an eligible transitioning individual is a 
        person--
                    (A) described in section 3102 of title 38, United 
                States Code; or
                    (B) who was separated or released from active duty 
                in the Armed Forces on or after October 1, 2006, 
                because of a service-connected disability.
    (b) Duration of Program.--The authority of the Secretary to provide 
grants under a pilot program established under subsection (a)(1) shall 
cease on the date that is three years after the date of the 
commencement of the pilot program.
    (c) Grants.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        carry out the pilot program through the award of grants to 
        eligible entities to establish new programs or activities, or 
        to expand or modify existing programs or activities, as 
        described in subsection (a)(1).
            (2) Grant criteria.--
                    (A) In general.--The Secretary shall establish 
                criteria and requirements for grants under the pilot 
                program, including criteria for eligible entities to 
                receive such grants. The criteria established under 
                this subparagraph shall include the following:
                            (i) Specification as to the kinds of 
                        projects or activities for which grants are 
                        available.
                            (ii) Specification as to the number of 
                        projects or activities for which grants are 
                        available.
                            (iii) Provisions to ensure that grants 
                        awarded under the pilot program do not result 
                        in duplication of ongoing services.
                    (B) Publication of criteria in federal register.--
                The Secretary shall publish the criteria and 
                requirements established under subparagraph (A) in the 
                Federal Register.
            (3) Funding limitation.--A grant under the pilot program 
        may not be used to support the operational costs of an eligible 
        entity.
    (d) Eligible Entities.--For purposes of this section, an eligible 
entity is a public or nonprofit organization (including a faith-based 
or community organization) that--
            (1) has the capacity to administer effectively a grant 
        under the pilot program, as determined by the Secretary of 
        Veterans Affairs;
            (2) demonstrates that adequate financial support will be 
        available to establish new programs or activities, or to expand 
        or modify existing programs or activities, as described in 
        subsection (a)(1) consistent with the plans, specifications, 
        and schedule submitted by the applicant to the Secretary under 
        subsection (e)(2);
            (3) agrees to meet the applicable criteria and requirements 
        established under subsection (c)(2) and described in subsection 
        (e)(2)(C); and
            (4) has the capacity, as determined by the Secretary, to 
        meet the criteria and requirements described in paragraph (3).
    (e) Selection of Grant Recipients.--
            (1) Application.--An eligible entity seeking a grant under 
        the pilot program shall submit to the Secretary of Veterans 
        Affairs an application therefor in such form and in such manner 
        as the Secretary considers appropriate.
            (2) Elements.--Each application submitted under paragraph 
        (1) shall include the following:
                    (A) The amount of the grant sought for the project 
                or activity.
                    (B) Plans, specifications, and the schedule for 
                implementation of the project or activity in accordance 
                with criteria and requirements prescribed by the 
                Secretary under subsection (c)(2).
                    (C) An agreement--
                            (i) to provide the services for which the 
                        grant is sought at locations accessible to 
                        eligible transitioning individuals;
                            (ii) to ensure the confidentiality of 
                        records maintained on eligible transitioning 
                        individuals receiving services through the 
                        pilot program; and
                            (iii) to establish such procedures for 
                        fiscal control and fund accounting as may be 
                        necessary to ensure proper disbursement and 
                        accounting with respect to the grant and to 
                        such payments as may be made under this 
                        section.
            (3) Applicant agreement.--The Secretary may not select an 
        eligible entity for a grant under the pilot program unless the 
        eligible entity agrees to the provisions listed in paragraph 
        (2)(C).
    (f) Recovery of Unused Grant Amounts.--
            (1) In general.--The United States shall be entitled to 
        recover from a grant recipient under this section the total of 
        all unused grant amounts made under this section to such 
        recipient in connection with such program if such grant 
        recipient--
                    (A) does not establish a program or activity in 
                accordance with this section; or
                    (B) ceases to furnish services under such a program 
                for which the grant was made.
            (2) Obligation.--Any amount recovered by the United States 
        under paragraph (1) may be obligated by the Secretary of 
        Veterans Affairs without fiscal year limitation to carry out 
        provisions of this section.
            (3) Limitation on recovery.--An amount may not be recovered 
        under paragraph (1)(A) as an unused grant amount before the end 
        of the three-year period beginning on the date on which the 
        grant is made.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated from amounts made available under the heading ``General 
Operating Expenses'', not more than $5,000,000 in each of fiscal years 
2009 through 2011 to carry out this section.

SEC. 505. ASSESSMENT OF PILOT PROGRAMS.

    (a) Progress Reports.--Not less than one year before the expiration 
of the authority to carry out a pilot program authorized by sections 
501 through 504, the Secretary of Veterans Affairs shall submit to 
Congress a progress report on such pilot program.
    (b) Contents.--Each progress report submitted for a pilot program 
under subsection (a) shall include the following:
            (1) The lessons learned by the Secretary of Veterans 
        Affairs with respect to such pilot program that can be applied 
        to other programs with similar purposes.
            (2) The recommendations of the Secretary on whether to 
        continue such pilot program.
            (3) The number of veterans and dependents served by such 
        pilot program.
            (4) An assessment of the quality of service provided to 
        veterans and dependents under such pilot program.
            (5) The amount of funds provided to grant recipients under 
        such pilot program.
            (6) The names of organizations that have received grants 
        under such pilot program.

SEC. 506. INCREASED AUTHORIZATION OF APPROPRIATIONS FOR COMPREHENSIVE 
              SERVICE PROGRAMS.

    Section 2013 is amended by striking ``$130,000,000'' and inserting 
``$200,000,000''.

        TITLE VI--NONPROFIT RESEARCH AND EDUCATION CORPORATIONS

SEC. 601. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.

    (a) Authorization of Multi-Medical Center Research Corporations.--
            (1) In general.--Section 7361 is amended--
                    (A) by redesignating subsection (b) as subsection 
                (e); and
                    (B) by inserting after subsection (a) the following 
                new subsection (b):
    ``(b)(1) Subject to paragraph (2), a corporation established under 
this subchapter may facilitate the conduct of research, education, or 
both at more than one medical center. Such a corporation shall be known 
as a `multi-medical center research corporation'.
    ``(2) The board of directors of a multi-medical center research 
corporation under this subsection shall include the official at each 
Department medical center concerned who is, or who carries out the 
responsibilities of, the medical center director of such center as 
specified in section 7363(a)(1)(A)(i) of this title.
    ``(3) In facilitating the conduct of research, education, or both 
at more than one Department medical center under this subchapter, a 
multi-medical center research corporation may administer receipts and 
expenditures relating to such research, education, or both, as 
applicable, performed at the Department medical centers concerned.''.
            (2) Expansion of existing corporations to multi-medical 
        center research corporations.--Such section is further amended 
        by adding at the end the following new subsection:
    ``(f) A corporation established under this subchapter may act as a 
multi-medical center research corporation under this subchapter in 
accordance with subsection (b) if--
            ``(1) the board of directors of the corporation approves a 
        resolution permitting facilitation by the corporation of the 
        conduct of research, education, or both at the other Department 
        medical center or medical centers concerned; and
            ``(2) the Secretary approves the resolution of the 
        corporation under paragraph (1).''.
    (b) Restatement and Modification of Authorities on Applicability of 
State Law.--
            (1) In general.--Section 7361, as amended by subsection (a) 
        of this section, is further amended by inserting after 
        subsection (b) the following new subsection (c):
    ``(c) Any corporation established under this subchapter shall be 
established in accordance with the nonprofit corporation laws of the 
State in which the applicable Department medical center is located and 
shall, to the extent not inconsistent with any Federal law, be subject 
to the laws of such State. In the case of any multi-medical center 
research corporation that facilitates the conduct of research, 
education, or both at Department medical centers located in different 
States, the corporation shall be established in accordance with the 
nonprofit corporation laws of the State in which one of such Department 
medical centers is located.''.
            (2) Conforming amendment.--Section 7365 is repealed.
    (c) Clarification of Status of Corporations.--Section 7361, as 
amended by this section, is further amended--
            (1) in subsection (a), by striking the second sentence; and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d)(1) Except as otherwise provided in this subchapter or under 
regulations prescribed by the Secretary, any corporation established 
under this subchapter, and its officers, directors, and employees, 
shall be required to comply only with those Federal laws, regulations, 
and executive orders and directives that apply generally to private 
nonprofit corporations.
    ``(2) A corporation under this subchapter is not--
            ``(A) owned or controlled by the United States; or
            ``(B) an agency or instrumentality of the United States.''.
    (d) Reinstatement of Requirement for 501(c)(3) Status of 
Corporations.--Subsection (e) of section 7361, as redesignated by 
subsection (a)(1) of this section, is further amended by inserting 
``section 501(c)(3) of'' after ``exempt from taxation under''.

SEC. 602. CLARIFICATION OF PURPOSES OF CORPORATIONS.

    (a) Clarification of Purposes.--Subsection (a) of section 7362 is 
amended--
            (1) in the first sentence--
                    (A) by striking ``Any corporation'' and all that 
                follows through ``facilitate'' and inserting ``A 
                corporation established under this subchapter shall be 
                established to provide a flexible funding mechanism for 
                the conduct of approved research and education at one 
                or more Department medical centers and to facilitate 
                functions related to the conduct of''; and
                    (B) by inserting before the period at the end the 
                following: ``or centers''; and
            (2) in the second sentence, by inserting ``or centers'' 
        after ``at the medical center''.
    (b) Modification of Defined Term Relating to Education and 
Training.--Subsection (b) of such section is amended in the matter 
preceding paragraph (1) by striking ``the term `education and 
training''' and inserting ``the term `education' includes education and 
training and''.
    (c) Repeal of Role of Corporations With Respect to Fellowships.--
Paragraph (1) of subsection (b) of such section is amended by striking 
the flush matter following subparagraph (C).
    (d) Availability of Education for Families of Veteran Patients.--
Paragraph (2) of subsection (b) of such section is amended by striking 
``to patients and to the families'' and inserting ``and includes 
education and training for patients and families''.

SEC. 603. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF 
              CORPORATIONS.

    (a) Requirements for Department Board Members.--Paragraph (1) of 
section 7363(a) is amended to read as follows:
            ``(1) with respect to the Department medical center--
                    ``(A)(i) the director (or directors of each 
                Department medical center, in the case of a multi-
                medical center research corporation);
                    ``(ii) the chief of staff; and
                    ``(iii) as appropriate for the activities of such 
                corporation, the associate chief of staff for research 
                and the associate chief of staff for education; or
                    ``(B) in the case of a Department medical center at 
                which one or more of the positions referred to in 
                subparagraph (A) do not exist, the official or 
                officials who are responsible for carrying out the 
                responsibilities of such position or positions at the 
                Department medical center; and''.
    (b) Requirements for Non-Department Board Members.--Paragraph (2) 
of such section is amended--
            (1) by inserting ``not less than two'' before ``members''; 
        and
            (2) by striking ``and who'' and all that follows through 
        the period at the end and inserting ``and who have backgrounds, 
        or business, legal, financial, medical, or scientific 
        expertise, of benefit to the operations of the corporation.''.
    (c) Conflicts of Interest.--Subsection (c) of section 7363 is 
amended by striking ``, employed by, or have any other financial 
relationship with'' and inserting ``or employed by''.

SEC. 604. CLARIFICATION OF POWERS OF CORPORATIONS.

    (a) In General.--Section 7364 is amended to read as follows:
``Sec. 7364. General powers
    ``(a)(1) A corporation established under this subchapter may, 
solely to carry out the purposes of this subchapter--
            ``(A) accept, administer, retain, and spend funds derived 
        from gifts, contributions, grants, fees, reimbursements, and 
        bequests from individuals and public and private entities;
            ``(B) enter into contracts and agreements with individuals 
        and public and private entities;
            ``(C) subject to paragraph (2), set fees for education and 
        training facilitated under section 7362 of this title, and 
        receive, retain, administer, and spend funds in furtherance of 
        such education and training;
            ``(D) reimburse amounts to the appropriation account of the 
        Department for the Office of General Counsel for any expenses 
        of that Office in providing legal services attributable to 
        research and education agreements under this subchapter; and
            ``(E) employ such employees as the corporation considers 
        necessary for such purposes and fix the compensation of such 
        employees.
    ``(2) Fees charged under paragraph (1)(C) for education and 
training described in that paragraph to individuals who are officers or 
employees of the Department may not be paid for by any funds 
appropriated to the Department.
    ``(3) Amounts reimbursed to the Office of General Counsel under 
paragraph (1)(D) shall be available for use by the Office of the 
General Counsel only for staff and training, and related travel, for 
the provision of legal services described in that paragraph.
    ``(b)(1) Except as provided in paragraph (2), any funds received by 
the Secretary for the conduct of research or education at a Department 
medical center or centers, other than funds appropriated to the 
Department, may be transferred to and administered by a corporation 
established under this subchapter for such purposes.
    ``(2) A Department medical center may reimburse the corporation for 
all or a portion of the pay, benefits, or both of an employee of the 
corporation who is assigned to the Department medical center if the 
assignment is carried out pursuant to subchapter VI of chapter 33 of 
title 5.
    ``(c) Except for reasonable and usual preliminary costs for project 
planning before its approval, a corporation established under this 
subchapter may not spend funds for a research project unless the 
project is approved in accordance with procedures prescribed by the 
Under Secretary for Health for research carried out with Department 
funds. Such procedures shall include a scientific review process.
    ``(d) Except for reasonable and usual preliminary costs for 
activity planning before its approval, a corporation established under 
this subchapter may not spend funds for an education activity unless 
the activity is approved in accordance with procedures prescribed by 
the Under Secretary for Health.
    ``(e) The Under Secretary for Health may prescribe policies and 
procedures to guide the spending of funds by corporations established 
under this subchapter that are consistent with the purpose of such 
corporations as flexible funding mechanisms and with Federal and State 
laws and regulations, and executive orders, circulars, and directives 
that apply generally to the receipt and expenditure of funds by 
nonprofit organizations exempt from taxation under section 501(c)(3) of 
the Internal Revenue Code of 1986.''.
    (b) Conforming Amendment.--Section 7362(a) of such title, as 
amended by section 602(a)(1) of this Act, is further amended by 
striking the last sentence.

SEC. 605. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES 
              CODE.

    (a) Redesignation.--Section 7364A is redesignated as section 7365.
    (b) Clerical Amendments.--The table of sections at the beginning of 
chapter 73 is amended--
            (1) by striking the item relating to section 7364A; and
            (2) by striking the item relating to section 7365 and 
        inserting the following new item:

``7365. Coverage of employees under certain Federal tort claims 
                            laws.''.

SEC. 606. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS.

    (a) Additional Information in Annual Reports.--Subsection (b) of 
section 7366 is amended to read as follows:
    ``(b)(1) Each corporation shall submit to the Secretary each year a 
report providing a detailed statement of the operations, activities, 
and accomplishments of the corporation during that year.
    ``(2)(A) A corporation with revenues in excess of $300,000 for any 
year shall obtain an audit of the corporation for that year.
    ``(B) A corporation with annual revenues between $10,000 and 
$300,000 shall obtain an audit of the corporation at least once every 
three years.
    ``(C) Any audit under this paragraph shall be performed by an 
independent auditor.
    ``(3) The corporation shall include in each report to the Secretary 
under paragraph (1) the following:
            ``(A) The most recent audit of the corporation under 
        paragraph (2).
            ``(B) The most recent Internal Revenue Service Form 990 
        `Return of Organization Exempt from Income Tax' or equivalent 
        and the applicable schedules under such form.''.
    (b) Confirmation of Application of Conflict of Interest Regulations 
to Appropriate Corporation Positions.--Subsection (c) of such section 
is amended--
            (1) by striking ``laws and'' each place it appears;
            (2) in paragraph (1)--
                    (A) by inserting ``each officer and'' after ``under 
                this subchapter,''; and
                    (B) by striking ``, and each employee of the 
                Department'' and all that follows through ``during any 
                year''; and
            (3) in paragraph (2)--
                    (A) by inserting ``officer,'' after ``verifying 
                that each''; and
                    (B) by striking ``in the same manner'' and all that 
                follows before the period at the end.
    (c) Establishment of Appropriate Payee Reporting Threshold.--
Subsection (d)(3)(C) of such section is amended by striking ``$35,000'' 
and inserting ``$50,000''.

SEC. 607. REPEAL OF SUNSET.

    (a) Repeal.--Section 7368 is repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 73 is amended by striking the item relating to section 7368.

                        TITLE VII--CONSTRUCTION

SEC. 701. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY 
              PROJECTS.

    The Secretary of Veterans Affairs may carry out the following major 
medical facility projects in fiscal year 2009, with each project to be 
carried out in the amount specified for each project:
            (1) Construction of an 80-bed replacement facility in Palo 
        Alto, California, to replace a seismically unsafe acute 
        psychiatric inpatient building, in an amount not to exceed 
        $54,000,000.
            (2) Construction of an outpatient clinic to meet the 
        increased demand for diagnostic procedures, ambulatory surgery, 
        and specialty care in Lee County, Florida, in an amount not to 
        exceed $131,800,000.
            (3) Seismic corrections to Building 1 at the Department of 
        Veterans Affairs Medical Center in San Juan, Puerto Rico, in an 
        amount not to exceed $225,900,000.
            (4) Construction of a facility for a state-of-the-art 
        polytrauma healthcare and rehabilitation center in San Antonio, 
        Texas, in an amount not to exceed $66,000,000.

SEC. 702. EXTENSION OF AUTHORIZATION FOR DEPARTMENT OF VETERANS AFFAIRS 
              MEDICAL CENTER, NEW ORLEANS, LOUISIANA, MAJOR MEDICAL 
              FACILITY CONSTRUCTION PROJECT ALREADY AUTHORIZED.

    The Secretary of Veterans Affairs may carry out in fiscal year 2009 
the restoration, new construction, or replacement of the medical center 
facility for the Department of Veterans Affairs Medical Center, New 
Orleans, Louisiana, due to damage from Hurricane Katrina, as originally 
authorized by section 801 of the Veterans Benefits, Health Care, and 
Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 
3442), in an amount not to exceed $625,000,000.

SEC. 703. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY 
              LEASES.

    The Secretary of Veterans Affairs may carry out the following major 
medical facility leases in fiscal year 2009 at the locations specified, 
and in an amount for each lease not to exceed the amount shown for each 
such location:
            (1) For an outpatient clinic, Brandon, Florida, $4,326,000.
            (2) For a community-based outpatient clinic, Colorado 
        Springs, Colorado, $10,300,000.
            (3) For an outpatient clinic, Eugene, Oregon, $5,826,000.
            (4) For expansion of an outpatient clinic, Green Bay, 
        Wisconsin, $5,891,000.
            (5) For an outpatient clinic, Greenville, South Carolina, 
        $3,731,000.
            (6) For a community-based outpatient clinic, Mansfield, 
        Ohio, $2,212,000.
            (7) For a satellite outpatient clinic, Mayaguez, Puerto 
        Rico, $6,276,000.
            (8) For a community-based outpatient clinic for Southeast 
        Phoenix, Mesa, Arizona, $5,106,000.
            (9) For interim research space, Palo Alto, California, 
        $8,636,000.
            (10) For expansion of a community-based outpatient clinic, 
        Savannah, Georgia, $3,168,000.
            (11) For a community-based outpatient clinic for Northwest 
        Phoenix, Sun City, Arizona, $2,295,000.
            (12) For a primary care annex, Tampa, Florida, $8,652,000.

SEC. 704. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for Major Medical Facility 
Projects.--There is authorized to be appropriated to the Secretary of 
Veterans Affairs for fiscal year 2009 for the Construction, Major 
Projects, account--
            (1) $477,700,000 for the projects authorized in section 
        701; and
            (2) $625,000,000 for the project whose authorization is 
        extended by section 702.
    (b) Authorization of Appropriations for Medical Facility Leases.--
There is authorized to be appropriated to the Secretary of Veterans 
Affairs for fiscal year 2009 for the Medical Facilities account, 
$66,419,000 for the leases authorized in section 703.
    (c) Limitation.--The projects authorized in sections 701 and 702 
may only be carried out using--
            (1) funds appropriated for fiscal year 2009 pursuant to the 
        authorization of appropriations in subsection (a) of this 
        section;
            (2) funds available for Construction, Major Projects, for a 
        fiscal year before fiscal year 2009 that remain available for 
        obligation;
            (3) funds available for Construction, Major Projects, for a 
        fiscal year after fiscal year 2009 that remain available for 
        obligation;
            (4) funds appropriated for Construction, Major Projects, 
        for fiscal year 2009 for a category of activity not specific to 
        a project;
            (5) funds appropriated for Construction, Major Projects, 
        for a fiscal year before 2009 for a category of activity not 
        specific to a project; and
            (6) funds appropriated for Construction, Major Projects, 
        for a fiscal year after 2009 for a category of activity not 
        specific to a project.

SEC. 705. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY LEASES 
              REQUIRING CONGRESSIONAL APPROVAL.

    Section 8104(a)(3)(B) is amended by striking ``$600,000'' and 
inserting ``$1,000,000''.

SEC. 706. CONVEYANCE OF CERTAIN NON-FEDERAL LAND BY CITY OF AURORA, 
              COLORADO, TO SECRETARY OF VETERANS AFFAIRS FOR 
              CONSTRUCTION OF VETERANS MEDICAL FACILITY.

    Section 410 of title IV of division I of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2276) is 
amended to read as follows:

``SEC. 410. CONVEYANCE OF CERTAIN NON-FEDERAL LAND.

    ``(a) Definitions.--In this section:
            ``(1) City.--The term `City' means the City of Aurora, 
        Colorado.
            ``(2) Deed.--The term `deed' means the quitclaim deed--
                    ``(A) conveyed to the City by the Secretary (acting 
                through the Director of the National Park Service); and
                    ``(B) dated May 24, 1999.
            ``(3) Non-federal land.--The term `non-Federal land' 
        means--
                    ``(A) parcel I of the former United States Army 
                Garrison Fitzsimons, Adams County, Colorado, as more 
                specifically described in the deed; and
                    ``(B) the parcel of land described in the deed.
            ``(4) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
    ``(b) Duty of Secretary.--To allow the City to convey by donation 
to the United States the non-Federal land to be used by the Secretary 
of Veterans Affairs for the construction of a veterans medical 
facility, not later than 60 days after the date of enactment of this 
section, the Secretary shall execute each instrument that is necessary 
to release all rights, conditions, and restrictions retained by the 
United States in and to the non-Federal land conveyed in the deed.''.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. EXPANSION OF AUTHORITY FOR DEPARTMENT OF VETERANS AFFAIRS 
              POLICE OFFICERS.

    Section 902 is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Employees of the Department who are Department police 
        officers shall, with respect to acts occurring on Department 
        property--
                    ``(A) enforce Federal laws;
                    ``(B) enforce the rules prescribed under section 
                901 of this title;
                    ``(C) enforce traffic and motor vehicle laws of a 
                State or local government (by issuance of a citation 
                for violation of such laws) within the jurisdiction of 
                which such Department property is located as authorized 
                by an express grant of authority under applicable State 
                or local law;
                    ``(D) carry the appropriate Department-issued 
                weapons, including firearms, while off Department 
                property in an official capacity or while in an 
                official travel status;
                    ``(E) conduct investigations, on and off Department 
                property, of offenses that may have been committed on 
                property under the original jurisdiction of Department, 
                consistent with agreements or other consultation with 
                affected local, State, or Federal law enforcement 
                agencies; and
                    ``(F) carry out, as needed and appropriate, the 
                duties described in subparagraphs (A) through (E) of 
                this paragraph when engaged in duties authorized by 
                other Federal statutes.'';
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2); and
                    (C) in paragraph (2), as redesignated by 
                subparagraph (B) of this paragraph, by inserting ``, 
                and on any arrest warrant issued by competent judicial 
                authority'' before the period; and
            (2) by amending subsection (c) to read as follows:
    ``(c) The powers granted to Department police officers designated 
under this section shall be exercised in accordance with guidelines 
approved by the Secretary and the Attorney General.''.

SEC. 802. UNIFORM ALLOWANCE FOR DEPARTMENT OF VETERANS AFFAIRS POLICE 
              OFFICERS.

    Section 903 is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b)(1) The amount of the allowance that the Secretary may pay 
under this section is the lesser of--
            ``(A) the amount currently allowed as prescribed by the 
        Office of Personnel Management; or
            ``(B) estimated costs or actual costs as determined by 
        periodic surveys conducted by the Department.
    ``(2) During any fiscal year no officer shall receive more for the 
purchase of a uniform described in subsection (a) than the amount 
established under this subsection.''; and
            (2) by striking subsection (c) and inserting the following 
        new subsection (c):
    ``(c) The allowance established under subsection (b) shall be paid 
at the beginning of a Department police officer's employment for those 
appointed on or after October 1, 2008. In the case of any other 
Department police officer, an allowance in the amount established under 
subsection (b) shall be paid upon the request of the officer.''.

SEC. 803. CONDITIONS FOR TREATMENT OF VETERANS, THEIR SURVIVING 
              SPOUSES, AND THEIR CHILDREN AS ADJUDICATED MENTALLY 
              INCOMPETENT FOR CERTAIN PURPOSES.

    (a) In General.--Chapter 55 is amended by adding at the end the 
following new section:
``Sec. 5511. Conditions for treatment of veterans, surviving spouses, 
              and children as adjudicated mentally incompetent for 
              certain purposes
    ``In any case arising out of the administration by the Secretary of 
laws and benefits under this title, a veteran, surviving spouse, or 
child who is mentally incapacitated, deemed mentally incompetent, or 
experiencing an extended loss of consciousness shall not be considered 
adjudicated as a mental defective under subsection (d)(4) or (g)(4) of 
section 922 of title 18 without the order or finding of a judge, 
magistrate, or other judicial authority of competent jurisdiction that 
such veteran, surviving spouse, or child is a danger to him- or herself 
or others.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 is amended by adding at the end the following new item:

``5511. Conditions for treatment of veterans, their surviving spouses, 
                            and their children as adjudicated mentally 
                            incompetent for certain purposes.''.
            Amend the title so as to read: ``A bill to amend title 38, 
        United States Code, to enhance the capacity of the Department 
        of Veterans Affairs to recruit and retain nurses and other 
        critical health-care professionals, to improve the provision of 
        health care to veterans, and for other purposes.''.
                                                      Calendar No. 1034

110th CONGRESS

  2d Session

                                S. 2969

                          [Report No. 110-473]

_______________________________________________________________________

                                 A BILL

 To amend title 38, United States Code, to enhance the capacity of the 
 Department of Veterans Affairs to recruit and retain nurses and other 
      critical health care professionals, and for other purposes.

_______________________________________________________________________

           September 18 (legislative day, September 17), 2008

        Reported with an amendment and an amendment to the title