[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[House]
[Pages H12137-H12157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS HEALTH CARE, CAPITAL ASSET, AND BUSINESS IMPROVEMENT ACT OF
2003
Mr. SMITH of New Jersey. Madam Speaker, I move to suspend the rules
and pass the Senate bill (S. 1156) to amend title 38, United States
Code, to improve and enhance provision of health care for veterans, to
authorize major construction projects and other facilities matters for
the Department of Veterans Affairs, to enhance and improve authorities
relating to the administration of personnel of the Department of
Veterans Affairs, and for other purposes.
The Clerk read as follows:
S. 1156
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans
Health Care, Capital Asset, and Business Improvement Act of
2003''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
TITLE I--HEALTH CARE AUTHORITIES AND RELATED MATTERS
Sec. 101. Improved benefits for former prisoners of war.
Sec. 102. Provision of health care to veterans who participated in
certain Department of Defense chemical and biological
warfare testing.
Sec. 103. Eligibility for Department of Veterans Affairs health care
for certain Filipino World War II veterans residing in
the United States.
Sec. 104. Enhancement of rehabilitative services.
Sec. 105. Enhanced agreement authority for provision of nursing home
care and adult day health care in contract facilities.
Sec. 106. Five-year extension of period for provision of
noninstitutional extended-care services and required
nursing home care.
Sec. 107. Expansion of Department of Veterans Affairs pilot program on
assisted living for veterans.
Sec. 108. Improvement of program for provision of specialized mental
health services to veterans.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Subtitle A--Program Authorities
Sec. 201. Increase in threshold for major medical facility construction
projects.
Sec. 202. Enhancements to enhanced-use lease authority.
Sec. 203. Simplification of annual report on long-range health
planning.
Subtitle B--Project Authorizations
Sec. 211. Authorization of major medical facility projects.
Sec. 212. Authorization of major medical facility leases.
Sec. 213. Advance planning authorizations.
Sec. 214. Authorization of appropriations.
Subtitle C--Capital Asset Realignment for Enhanced Services Initiative
Sec. 221. Authorization of major construction projects in connection
with Capital Asset Realignment Initiative.
[[Page H12138]]
Sec. 222. Advance notification of capital asset realignment actions.
Sec. 223. Sense of Congress and report on access to health care for
veterans in rural areas.
Subtitle D--Plans for New Facilities
Sec. 231. Plans for facilities in specified areas.
Sec. 232. Study and report on feasibility of coordination of veterans
health care services in South Carolina with new
university medical center.
Subtitle E--Designation of Facilities
Sec. 241. Designation of Department of Veterans Affairs medical center,
Prescott, Arizona, as the Bob Stump Department of
Veterans Affairs Medical Center.
Sec. 242. Designation of Department of Veterans Affairs health care
facility, Chicago, Illinois, as the Jesse Brown
Department of Veterans Affairs Medical Center.
Sec. 243. Designation of Department of Veterans Affairs medical center,
Houston, Texas, as the Michael E. DeBakey Department of
Veterans Affairs Medical Center.
Sec. 244. Designation of Department of Veterans Affairs medical center,
Salt Lake City, Utah, as the George E. Wahlen Department
of Veterans Affairs Medical Center.
Sec. 245. Designation of Department of Veterans Affairs outpatient
clinic, New London, Connecticut.
Sec. 246. Designation of Department of Veterans Affairs outpatient
clinic, Horsham, Pennsylvania.
TITLE III--PERSONNEL MATTERS
Sec. 301. Modification of certain authorities on appointment and
promotion of personnel in the Veterans Health
Administration.
Sec. 302. Appointment of chiropractors in the Veterans Health
Administration.
Sec. 303. Additional pay for Saturday tours of duty for additional
health care workers in the Veterans Health
Administration.
Sec. 304. Coverage of employees of Veterans' Canteen Service under
additional employment laws.
TITLE IV--OTHER MATTERS
Sec. 401. Office of Research Oversight in Veterans Health
Administration.
Sec. 402. Enhancement of authorities relating to nonprofit research
corporations.
Sec. 403. Department of Defense participation in Revolving Supply Fund
purchases.
Sec. 404. Five-year extension of housing assistance for homeless
veterans.
Sec. 405. Report date changes.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of title 38, United States Code.
TITLE I--HEALTH CARE AUTHORITIES AND RELATED MATTERS
SEC. 101. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.
(a) Outpatient Dental Care for All Former Prisoners of
War.--Section 1712(a)(1)(F) is amended by striking ``and who
was detained or interned for a period of not less than 90
days''.
(b) Exemption From Pharmacy Copayment Requirement.--Section
1722A(a)(3) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) to a veteran who is a former prisoner of war; or''.
SEC. 102. PROVISION OF HEALTH CARE TO VETERANS WHO
PARTICIPATED IN CERTAIN DEPARTMENT OF DEFENSE
CHEMICAL AND BIOLOGICAL WARFARE TESTING.
Section 1710(e) is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) Subject to paragraphs (2) and (3), a veteran who
participated in a test conducted by the Department of Defense
Deseret Test Center as part of a program for chemical and
biological warfare testing from 1962 through 1973 (including
the program designated as `Project Shipboard Hazard and
Defense (SHAD)' and related land-based tests) is eligible for
hospital care, medical services, and nursing home care under
subsection (a)(2)(F) for any illness, notwithstanding that
there is insufficient medical evidence to conclude that such
illness is attributable to such testing.'';
(2) in paragraph (2)(B)--
(i) by striking out ``paragraph (1)(C) or (1)(D)'' and
inserting ``subparagraph (C), (D), or (E) of paragraph (1)'';
and
(ii) by striking ``service described in that paragraph''
and inserting ``service or testing described in such
subparagraph''; and
(3) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(D) in the case of care for a veteran described in
paragraph (1)(E), after December 31, 2005.''.
SEC. 103. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE FOR CERTAIN FILIPINO WORLD WAR II
VETERANS RESIDING IN THE UNITED STATES.
The text of section 1734 is amended to read as follows:
``(a) The Secretary shall furnish hospital and nursing home
care and medical services to any individual described in
subsection (b) in the same manner, and subject to the same
terms and conditions, as apply to the furnishing of such care
and services to individuals who are veterans as defined in
section 101(2) of this title. Any disability of an individual
described in subsection (b) that is a service-connected
disability for purposes of this subchapter (as provided for
under section 1735(2) of this title) shall be considered to
be a service-connected disability for purposes of furnishing
care and services under the preceding sentence.
``(b) Subsection (a) applies to any individual who is a
Commonwealth Army veteran or new Philippine Scout and who--
``(1) is residing in the United States; and
``(2) is a citizen of the United States or an alien
lawfully admitted to the United States for permanent
residence.''.
SEC. 104. ENHANCEMENT OF REHABILITATIVE SERVICES.
(a) Rehabilitative Services Through Medical Care
Authority.--Section 1701(8) is amended by striking ``(other
than those types of vocational rehabilitation services
provided under chapter 31 of this title)''.
(b) Expansion of Authorized Rehabilitative Services.--(1)
Section 1718 is amended--
(A) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) In providing to a veteran rehabilitative services
under this chapter, the Secretary may furnish the veteran
with the following:
``(1) Work skills training and development services.
``(2) Employment support services.
``(3) Job development and placement services.''.
(2) Subsection (c) of such section is amended--
(A) in paragraph (1), by striking ``subsection (b) of this
section'' and inserting ``subsection (b) or (d)''; and
(B) in paragraph (2)--
(i) by striking ``subsection (b) of this section'' and
inserting ``subsection (b) or (d)''; and
(ii) by striking ``paragraph (2) of such subsection'' and
inserting ``subsection (b)(2)''.
SEC. 105. ENHANCED AGREEMENT AUTHORITY FOR PROVISION OF
NURSING HOME CARE AND ADULT DAY HEALTH CARE IN
CONTRACT FACILITIES.
(a) Enhanced Authority.--Subsection (c) of section 1720 is
amended--
(1) by designating the existing text as paragraph (2); and
(2) by inserting before paragraph (2), as so designated,
the following new paragraph (1):
``(1)(A) In furnishing nursing home care, adult day health
care, or other extended care services under this section, the
Secretary may enter into agreements for furnishing such care
or services with--
``(i) in the case of the medicare program, a provider of
services that has entered into a provider agreement under
section 1866(a) of the Social Security Act (42 U.S.C.
1395cc(a)); and
``(ii) in the case of the medicaid program, a provider
participating under a State plan under title XIX of such Act
(42 U.S.C. 1396 et seq.).
``(B) In entering into an agreement under subparagraph (A)
with a provider of services described in clause (i) of that
subparagraph or a provider described in clause (ii) of that
subparagraph, the Secretary may use the procedures available
for entering into provider agreements under section 1866(a)
of the Social Security Act.''.
(b) Conforming Amendment.--Subsection (f)(1)(B) of such
section is amended by inserting ``or agreement'' after
``contract'' each place it appears.
SEC. 106. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF
NONINSTITUTIONAL EXTENDED-CARE SERVICES AND
REQUIRED NURSING HOME CARE.
(a) Noninstitutional Extended Care Services.--Section
1701(10)(A) is amended by striking ``the date of the
enactment of the Veterans Millennium Health Care and Benefits
Act and ending on December 31, 2003,'' and inserting
``November 30, 1999, and ending on December 31, 2008,''.
(b) Required Nursing Home Care.--Section 1710A(c) is
amended by striking ``December 31, 2003'' and inserting
``December 31, 2008''.
SEC. 107. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS PILOT
PROGRAM ON ASSISTED LIVING FOR VETERANS.
Section 103(b) of the Veterans Millennium Health Care and
Benefits Act (Public Law 106-117; 113 Stat. 1552; 38 U.S.C.
1710B note) is amended--
(1) by striking ``Location of Pilot Program.--'' and
inserting ``Locations of Pilot Program.--(1)''; and
[[Page H12139]]
(2) by adding at the end the following new paragraph:
``(2)(A) In addition to the health care region of the
Department selected for the pilot program under paragraph
(1), the Secretary may also carry out the pilot program in
not more than one additional designated health care region of
the Department selected by the Secretary for purposes of this
section.
``(B) Notwithstanding subsection (f), the authority of the
Secretary to provide services under the pilot program in a
health care region of the Department selected under
subparagraph (A) shall cease on the date that is three years
after the commencement of the provision of services under the
pilot program in the health care region.''.
SEC. 108. IMPROVEMENT OF PROGRAM FOR PROVISION OF SPECIALIZED
MENTAL HEALTH SERVICES TO VETERANS.
(a) Increase in Funding.--Subsection (c) of section 116 of
the Veterans Millennium Health Care and Benefits Act (Public
Law 106-117; 113 Stat. 1559; 38 U.S.C. 1712A note) is
amended--
(1) in paragraph (1), by striking ``$15,000,000'' and
inserting ``$25,000,000 in each of fiscal years 2004, 2005,
and 2006'';
(2) in paragraph (2), by striking ``$15,000,000'' and
inserting ``$25,000,000''; and
(3) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new subparagraph:
``(B) For purposes of this paragraph, in fiscal years 2004,
2005, and 2006, the fiscal year used to determine the
baseline amount shall be fiscal year 2003.''.
(b) Allocation of Funds.--Subsection (d) of that section is
amended--
(1) by striking ``The Secretary'' and inserting ``(1) In
each of fiscal years 2004, 2005, and 2006, the Secretary'';
and
(2) by adding at the end the following new paragraphs:
``(2) In allocating funds to facilities in a fiscal year
under paragraph (1), the Secretary shall ensure that--
``(A) not less than $10,000,000 is allocated by direct
grants to programs that are identified by the Mental Health
Strategic Health Care Group and the Committee on Care of
Severely Chronically Mentally Ill Veterans;
``(B) not less than $5,000,000 is allocated for programs on
post-traumatic stress disorder; and
``(C) not less than $5,000,000 is allocated for programs on
substance use disorder.
``(3) The Secretary shall provide that the funds to be
allocated under this section during each of fiscal years
2004, 2005, and 2006 are funds for a special purpose program
for which funds are not allocated through the Veterans
Equitable Resource Allocation system.''.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Subtitle A--Program Authorities
SEC. 201. INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS.
Section 8104(a)(3)(A) is amended by striking ``$4,000,000''
and inserting ``$7,000,000''.
SEC. 202. ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY.
(a) Notification of Property To Be Leased.--Section 8163 is
amended--
(1) in the first sentence of subsection (a)--
(A) by striking ``designate a property to be leased under
an enhanced-use lease'' and inserting ``enter into an
enhanced-use lease with respect to certain property''; and
(B) by striking ``before making the designation'' and
inserting ``before entering into the lease'';
(2) in subsection (b), by striking ``of the proposed
designation'' and inserting ``to the congressional veterans'
affairs committees and to the public of the proposed lease'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``designate the property involved'' and
inserting ``enter into an enhanced-use lease of the property
involved''; and
(ii) by striking ``to so designate the property'' and
inserting ``to enter into such lease'';
(B) in paragraph (2), by striking ``90-day period'' and
inserting ``45-day period'';
(C) in paragraph (3)--
(i) by striking ``general description'' in subparagraph (D)
and inserting ``description of the provisions''; and
(ii) by adding at the end the following new subparagraph:
``(G) A summary of a cost-benefit analysis of the proposed
lease.''; and
(D) by striking paragraph (4).
(b) Disposition of Leased Property.--Section 8164 is
amended--
(1) in subsection (a)--
(A) by striking ``by requesting the Administrator of
General Services to dispose of the property pursuant to
subsection (b)'' in the first sentence; and
(B) by striking the third sentence;
(2) in subsection (b)--
(A) by striking ``Secretary and the Administrator of
General Services jointly determine'' and inserting
``Secretary determines''; and
(B) by striking ``Secretary and the Administrator
consider'' and inserting ``Secretary considers''; and
(3) in subsection (c), by striking ``90 days'' and
inserting ``45 days''.
(c) Use of Proceeds.--Section 8165 is amended--
(1) in subsection (a)(2), by striking ``and remaining after
any deduction from such funds under the laws referred to in
subsection (c)'';
(2) in subsection (b), by adding at the end the following
new sentence: ``The Secretary may use the proceeds from any
enhanced-use lease to reimburse applicable appropriations of
the Department for any expenses incurred in the development
of additional enhanced-use leases.''; and
(3) by striking subsection (c).
(d) Clerical Amendments.--(1) The heading of section 8163
is amended to read as follows:
``Sec. 8163. Hearing and notice requirements regarding
proposed leases''.
(2) The item relating to section 8163 in the table of
sections at the beginning of chapter 81 is amended to read as
follows:
``8163. Hearing and notice requirements regarding proposed leases.''.
SEC. 203. SIMPLIFICATION OF ANNUAL REPORT ON LONG-RANGE
HEALTH PLANNING.
Section 8107(b) is amended by striking paragraphs (3) and
(4).
Subtitle B--Project Authorizations
SEC. 211. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS.
The Secretary of Veterans Affairs may carry out the
following major medical facility projects, with each project
to be carried out in an amount not to exceed the amount
specified for that project:
(1) Construction of a long-term care facility in Lebanon,
Pennsylvania, $14,500,000.
(2) Construction of a long-term care facility in Beckley,
West Virginia, $20,000,000.
(3) Construction of a new bed tower to consolidate two
inpatient sites of care in the city of Chicago at the West
Side Division of the Department of Veterans Affairs health
care system in Chicago, Illinois, in an amount not to exceed
$98,500,000.
(4) Seismic corrections to strengthen Medical Center
Building 1 of the Department of Veterans Affairs health care
system in San Diego, California, in an amount not to exceed
$48,600,000.
(5) A project for (A) renovation of all inpatient care
wards at the West Haven, Connecticut, facility of the
Department of Veterans Affairs health system in Connecticut
to improve the environment of care and enhance safety,
privacy, and accessibility, and (B) establishment of a
consolidated medical research facility at that facility, in
an amount not to exceed $50,000,000.
(6) Construction of a Department of Veterans Affairs-
Department of the Navy joint venture comprehensive outpatient
medical care facility to be built on the grounds of the
Pensacola Naval Air Station, Pensacola, Florida, in an amount
not to exceed $45,000,000.
SEC. 212. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into leases for
medical facilities as follows:
(1) For an outpatient clinic in Charlotte, North Carolina,
in an amount not to exceed $3,000,000.
(2) For an outpatient clinic extension, Boston,
Massachusetts, in an amount not to exceed $2,879,000.
SEC. 213. ADVANCE PLANNING AUTHORIZATIONS.
The Secretary of Veterans Affairs may carry out advance
planning for a major medical facility project at each of the
following locations, with such planning to be carried out in
an amount not to exceed the amount specified for that
location:
(1) Denver, Colorado, in an amount not to exceed
$30,000,000, of which $26,000,000 shall be provided by the
Secretary of Veterans Affairs and $4,000,000 shall be
provided by the Secretary of Defense.
(2) Pittsburgh, Pennsylvania, in an amount not to exceed
$9,000,000.
(3) Las Vegas, Nevada, in an amount not to exceed
$25,000,000.
(4) Columbus, Ohio, in an amount not to exceed $9,000,000.
(5) East Central, Florida, in an amount not to exceed
$17,500,000.
SEC. 214. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for the Secretary of Veterans Affairs for fiscal year 2004--
(1) for the Construction, Major Projects, account, a total
of $363,100,000, of which--
(A) $276,600,000 is for the projects authorized in section
211; and
(B) $86,500,000 is for the advance planning authorized in
section 213; and
(2) for the Medical Care account, $5,879,000 for the leases
authorized in section 212.
(b) Limitation.--The projects authorized in section 211 may
only be carried out using--
(1) funds appropriated for fiscal year 2004 pursuant to the
authorization of appropriations in subsection (a);
(2) funds appropriated for Construction, Major Projects,
for a fiscal year before fiscal year 2004 that remain
available for obligation; and
(3) funds appropriated for Construction, Major Projects,
for fiscal year 2004 for a category of activity not specific
to a project.
Subtitle C--Capital Asset Realignment for Enhanced Services Initiative
SEC. 221. AUTHORIZATION OF MAJOR CONSTRUCTION PROJECTS IN
CONNECTION WITH CAPITAL ASSET REALIGNMENT
INITIATIVE.
(a) Authority To Carry Out Major Construction Projects.--
Subject to subsection (b), the Secretary of Veterans Affairs
may carry out major construction projects as specified in the
final report of the Capital
[[Page H12140]]
Asset Realignment for Enhanced Services Commission and
approved by the Secretary.
(b) Limitation.--The Secretary may not exercise the
authority in subsection (a) until 45 days after the date of
the submittal of the report required by subsection (c).
(c) Report on Proposed Major Construction Projects.--(1)
The Secretary shall submit to the Committees on Veterans'
Affairs and the Committees on Appropriations of the Senate
and House of Representatives not later than February 1, 2004,
a report describing the major construction projects the
Secretary proposes to carry out in connection with the
Capital Asset Realignment for Enhanced Services initiative.
(2) The report shall list each proposed major construction
project in order of priority, with such priority determined
in the order as follows:
(A) The use of the facility to be constructed or altered as
a replacement or enhancement facility necessitated by the
loss, closure, or other divestment of major infrastructure or
clinical space at a Department of Veterans Affairs medical
facility currently in operation, as determined by the
Secretary.
(B) The remedy of life and safety code deficiencies,
including seismic, egress, and fire deficiencies at such
facility.
(C) The use of such facility to provide health care
services to a population that is determined under the Capital
Asset Realignment for Enhanced Services initiative to be
underserved or not currently served by such facility.
(D) The renovation or modernization of such facility,
including the provision of barrier-free design, improvement
of building systems and utilities, or enhancement of clinical
support services.
(E) The need for such facility to further an enhanced-use
lease or sharing agreement.
(F) Any other factor that the Secretary considers to be of
importance in providing care to eligible veterans.
(3) In developing the list of projects and according a
priority to each project, the Secretary should consider the
importance of allocating available resources equitably among
the geographic service areas of the Department and take into
account recent shifts in populations of veterans among those
geographic service areas.
(d) Sunset.--The Secretary may not enter into a contract to
carry out major construction projects under the authority in
subsection (a) after September 30, 2006.
SEC. 222. ADVANCE NOTIFICATION OF CAPITAL ASSET REALIGNMENT
ACTIONS.
(a) Requirement for Advance Notification.--If the Secretary
of Veterans Affairs approves a recommendation resulting from
the Capital Asset Realignment for Enhanced Services
initiative, then before taking any action resulting from that
recommendation that would result in--
(1) a medical facility closure;
(2) an administrative reorganization described in
subsection (c) of section 510 of title 38, United States
Code; or
(3) a medical facility consolidation,
the Secretary shall submit to Congress a written notification
of the intent to take such action.
(b) Limitation.--Upon submitting a notification under
subsection (a), the Secretary may not take any action
described in the notification until the later of--
(1) the end of the 60-day period beginning on the date on
which the notification is received by Congress; or
(2) the end of a period of 30 days of continuous session of
Congress beginning on the date on which the notification is
received by Congress or, if either House of Congress is not
in session on such date, the first day after such date on
which both Houses of Congress are in session.
(c) Continuous Session of Congress.--For the purposes of
subsection (b)--
(1) the continuity of a session of Congress is broken only
by an adjournment of Congress sine die; and
(2) any day on which either House is not in session because
of an adjournment of more than three days to a day certain is
excluded in the computation of any period of time in which
Congress is in continuous session.
(d) Medical Facility Consolidation.--For the purposes of
subsection (a), the term ``medical facility consolidation''
means an action that closes one or more medical facilities
for the purpose of relocating those activities to another
medical facility or facilities within the same geographic
service area.
SEC. 223. SENSE OF CONGRESS AND REPORT ON ACCESS TO HEALTH
CARE FOR VETERANS IN RURAL AREAS.
(a) Sense of Congress.--Recognizing the difficulties that
veterans residing in rural areas encounter in gaining access
to health care in facilities of the Department of Veterans
Affairs, it is the sense of Congress that the Secretary of
Veterans Affairs should take steps to ensure that an
appropriate mix of facilities and clinical staff is available
for health care for veterans residing in rural areas.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report describing the
steps the Secretary is taking, and intends to take, to
improve access to health care for veterans residing in rural
areas.
Subtitle D--Plans for New Facilities
SEC. 231. PLANS FOR FACILITIES IN SPECIFIED AREAS.
(a) Southern New Jersey.--(1) The Secretary of Veterans
Affairs shall develop a plan for meeting the future hospital
care needs of veterans who reside in southern New Jersey.
(2) For purposes of paragraph (1), the term ``southern New
Jersey'' means the following counties of the State of New
Jersey: Ocean, Burlington, Camden, Gloucester, Salem,
Cumberland, Atlantic, and Cape May.
(b) Far South Texas.--(1) The Secretary shall develop a
plan for meeting the future hospital care needs of veterans
who reside in far south Texas.
(2) For purposes of paragraph (1), the term ``far south
Texas'' means the following counties of the State of Texas:
Bee, Calhoun, Crockett, DeWitt, Dimmit, Goliad, Jackson,
Victoria, Webb, Aransas, Duval, Jim Wells, Kleberg, Nueces,
Refugio, San Patricio, Brooks, Cameron, Hidalgo, Jim Hogg,
Kenedy, Starr, Willacy, and Zapata.
(c) North Central Washington.--(1) The Secretary shall
develop a plan for meeting the future hospital care needs of
veterans who reside in north central Washington.
(2) For purposes of paragraph (1), the term ``north central
Washington'' means the following counties of the State of
Washington: Chelan, Douglas, Ferry, Grant, Kittitas, and
Okanogan.
(d) Pensacola Area.--(1) The Secretary shall develop a plan
for meeting the future hospital care needs of veterans who
reside in the Pensacola area.
(2) For purposes of paragraph (1), the term ``Pensacola
area'' means--
(A) the counties of Escambia, Santa Rosa, Okaloosa, Walton,
Holmes, Washington, Bay, Jackson, Calhoun, Liberty, Gulf, and
Franklin of the State of Florida; and
(B) the counties of Covington, Geneva, Houston, and
Escambia of the State of Alabama.
(e) Consideration of Use of Certain Existing Authorities.--
In developing the plans under this section, the Secretary
shall, at a minimum, consider options using the existing
authorities of sections 8111 and 8153 of title 38, United
States Code, to--
(1) establish a hospital staffed and managed by employees
of the Department, either in private or public facilities,
including Federal facilities; or
(2) enter into contracts with existing Federal facilities,
private facilities, and private providers for that care.
(f) Report.--The Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of
Representatives a report on each plan under this section not
later than April 15, 2004.
SEC. 232. STUDY AND REPORT ON FEASIBILITY OF COORDINATION OF
VETERANS HEALTH CARE SERVICES IN SOUTH CAROLINA
WITH NEW UNIVERSITY MEDICAL CENTER.
(a) Study Required.--The Secretary of Veterans Affairs
shall conduct a study to examine the feasibility of
coordination by the Department of Veterans Affairs of its
needs for inpatient hospital, medical care, and long-term
care services for veterans with the pending construction of a
new university medical center at the Medical University of
South Carolina, Charleston, South Carolina.
(b) Matters To Be Included in Study.--(1) As part of the
study under subsection (a), the Secretary shall consider the
following:
(A) Integration with the Medical University of South
Carolina of some or all of the services referred to in
subsection (a) through contribution to the construction of
that university's new medical facility or by becoming a
tenant provider in that new facility.
(B) Construction by the Department of Veterans Affairs of a
new independent inpatient or outpatient facility alongside or
nearby the university's new facility.
(2) In carrying out paragraph (1), the Secretary shall
consider the degree to which the Department and the
university medical center would be able to share expensive
technologies and scarce specialty services that would affect
any such plans of the Secretary or the university.
(3) In carrying out the study, the Secretary shall
especially consider the applicability of the authorities
under section 8153 of title 38, United States Code (relating
to sharing of health care resources between the Department
and community provider organizations), to govern future
arrangements and relationships between the Department and the
Medical University of South Carolina.
(c) Consultation With Secretary of Defense.--The Secretary
of Veterans Affairs shall consult with the Secretary of
Defense in carrying out the study under this section. Such
consultation shall include consideration of establishing a
Department of Veterans Affairs-Department of Defense joint
health-care venture at the site referred to in subsection
(a).
(d) Report.--Not later than April 15, 2004, the Secretary
shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the results
of the study. The report shall include the Secretary's
recommendations with respect to coordination described in
subsection (a), including recommendations with respect to
each of the matters referred to in subsection (b).
Subtitle E--Designation of Facilities
SEC. 241. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER, PRESCOTT, ARIZONA, AS THE BOB
STUMP DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER.
The Department of Veterans Affairs Medical Center located
in Prescott, Arizona,
[[Page H12141]]
shall after the date of the enactment of this Act be known
and designated as the ``Bob Stump Department of Veterans
Affairs Medical Center''. Any reference to such medical
center in any law, regulation, map, document, or other paper
of the United States shall be considered to be a reference to
the Bob Stump Department of Veterans Affairs Medical Center.
SEC. 242. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE FACILITY, CHICAGO, ILLINOIS, AS THE
JESSE BROWN DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs health care facility
located at 820 South Damen Avenue in Chicago, Illinois, shall
after the date of the enactment of this Act be known and
designated as the ``Jesse Brown Department of Veterans
Affairs Medical Center''. Any reference to such facility in
any law, regulation, map, document, record, or other paper of
the United States shall be considered to be a reference to
the Jesse Brown Department of Veterans Affairs Medical
Center.
SEC. 243. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER, HOUSTON, TEXAS, AS THE MICHAEL
E. DEBAKEY DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs Medical Center in
Houston, Texas, shall after the date of the enactment of this
Act be known and designated as the ``Michael E. DeBakey
Department of Veterans Affairs Medical Center''. Any
reference to such facility in any law, regulation, map,
document, record, or other paper of the United States shall
be considered to be a reference to the Michael E. DeBakey
Department of Veterans Affairs Medical Center.
SEC. 244. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER, SALT LAKE CITY, UTAH, AS THE
GEORGE E. WAHLEN DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
The Department of Veterans Affairs Medical Center in Salt
Lake City, Utah, shall after the date of the enactment of
this Act be known and designated as the ``George E. Wahlen
Department of Veterans Affairs Medical Center''. Any
references to such facility in any law, regulation, map,
document, record, or other paper of the United States shall
be considered to be a reference to the George E. Wahlen
Department of Veterans Affairs Medical Center.
SEC. 245. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
OUTPATIENT CLINIC, NEW LONDON, CONNECTICUT.
The Department of Veterans Affairs outpatient clinic
located in New London, Connecticut, shall after the date of
the enactment of this Act be known and designated as the
``John J. McGuirk Department of Veterans Affairs Outpatient
Clinic''. Any reference to such outpatient clinic in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
John J. McGuirk Department of Veterans Affairs Outpatient
Clinic.
SEC. 246. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS
OUTPATIENT CLINIC, HORSHAM, PENNSYLVANIA.
The Department of Veterans Affairs outpatient clinic
located in Horsham, Pennsylvania, shall after the date of the
enactment of this Act be known and designated as the ``Victor
J. Saracini Department of Veterans Affairs Outpatient
Clinic''. Any reference to such outpatient clinic in any law,
regulation, map, document, record, or other paper of the
United States shall be considered to be a reference to the
Victor J. Saracini Department of Veterans Affairs Outpatient
Clinic.
TITLE III--PERSONNEL MATTERS
SEC. 301. MODIFICATION OF AUTHORITIES ON APPOINTMENT AND
PROMOTION OF PERSONNEL IN THE VETERANS HEALTH
ADMINISTRATION.
(a) Positions Treatable as Hybrid Status Positions.--(1)
Section 7401 is amended--
(A) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Scientific and professional personnel, such as
microbiologists, chemists, and biostatisticians.''; and
(B) by striking paragraph (3) and inserting the following
new paragraph (3):
``(3) Audiologists, speech pathologists, and audiologist-
speech pathologists, biomedical engineers, certified or
registered respiratory therapists, dietitians, licensed
physical therapists, licensed practical or vocational nurses,
medical instrument technicians, medical records
administrators or specialists, medical records technicians,
medical and dental technologists, nuclear medicine
technologists, occupational therapists, occupational therapy
assistants, kinesiotherapists, orthotist-prosthetists,
pharmacists, pharmacy technicians, physical therapy
assistants, prosthetic representatives, psychologists,
diagnostic radiologic technicians, therapeutic radiologic
technicians, and social workers.''.
(2) Personnel appointed to the Veterans Health
Administration before the date of the enactment of this Act
who are in an occupational category of employees specified in
paragraph (3) of section 7401 of title 38, United States
Code, by reason of the amendment made by paragraph (1)(B) of
this subsection shall, as of such date, be deemed to have
been appointed to the Administration under such paragraph
(3).
(b) Appointments and Promotions.--Section 7403 of such
title is amended--
(1) in subsection (f)(3)--
(A) by inserting ``reductions-in-force, the applicability
of the principles of preference referred to in paragraph (2),
rights of part-time employees,'' after ``adverse actions,'';
(B) by inserting ``, whether appointed under this section
or section 7405(a)(1)(B) of this title'' after ``such
positions''; and
(C) by inserting a comma after ``status)''; and
(2) by adding at the end the following new subsection:
``(h)(1) If the Secretary uses the authority provided in
subsection (c) for the promotion and advancement of an
occupational category of employees described in section
7401(3) of this title, as authorized by subsection (f)(1)(B),
the Secretary shall do so through one or more systems
prescribed by the Secretary. Each such system shall be
planned, developed, and implemented in collaboration with,
and with the participation of, exclusive employee
representatives of such occupational category of employees.
``(2)(A) Before prescribing a system of promotion and
advancement of an occupational category of employees under
paragraph (1), the Secretary shall provide to exclusive
employee representatives of such occupational category of
employees a written description of the proposed system.
``(B) Not later than 30 days after receipt of the
description of a proposed system under subparagraph (A),
exclusive employee representatives may submit to the
Secretary the recommendations, if any, of such exclusive
employee representatives with respect to the proposed system.
``(C) The Secretary shall give full and fair consideration
to any recommendations received under subparagraph (B) in
deciding whether and how to proceed with a proposed system.
``(3) The Secretary shall implement immediately any part of
a system of promotion and advancement under paragraph (1)
that is proposed under paragraph (2) for which the Secretary
receives no recommendations from exclusive employee
representatives under paragraph (2).
``(4) If the Secretary receives recommendations under
paragraph (2) from exclusive employee representatives on any
part of a proposed system of promotion and advancement under
that paragraph, the Secretary shall determine whether or not
to accept the recommendations, either in whole or in part. If
the Secretary determines not to accept all or part of the
recommendations, the Secretary shall--
``(A) notify the congressional veterans' affairs committees
of the recommendations and of the portion of the
recommendations that the Secretary has determined not to
accept;
``(B) meet and confer with such exclusive employee
representatives, for a period not less than 30 days, for
purposes of attempting to reach an agreement on whether and
how to proceed with the portion of the recommendations that
the Secretary has determined not to accept;
``(C) at the election of the Secretary, or of a majority of
such exclusive employee representatives who are participating
in negotiations on such matter, employ the services of the
Federal Mediation and Conciliation Service during the period
referred to in subparagraph (B) for purposes of reaching such
agreement; and
``(D) if the Secretary determines that activities under
subparagraph (B), (C), or both are unsuccessful at reaching
such agreement and determines (in the sole and unreviewable
discretion of the Secretary) that further meeting and
conferral under subparagraph (B), mediation under
subparagraph (C), or both are unlikely to reach such
agreement--
``(i) notify the congressional veterans' affairs committees
of such determinations, identify for such committees the
portions of the recommendations that the Secretary has
determined not to accept, and provide such committees an
explanation and justification for determining to implement
the part of the system subject to such portions of the
recommendations without regard to such portions of the
recommendations; and
``(ii) commencing not earlier than 30 days after notice
under clause (i), implement the part of the system subject to
the recommendations that the Secretary has determined not to
accept without regard to those recommendations.
``(5) If the Secretary and exclusive employee
representatives reach an agreement under paragraph (4)
providing for the resolution of a disagreement on one or more
portions of the recommendations that the Secretary had
determined not to accept under that paragraph, the Secretary
shall immediately implement such resolution.
``(6) In implementing a system of promotion and advancement
under this subsection, the Secretary shall--
``(A) develop and implement mechanisms to permit exclusive
employee representatives to participate in the periodic
review and evaluation of the system, including peer review,
and in any further planning or development required with
respect to the system as a result of such review and
evaluation; and
``(B) provide exclusive employee representatives
appropriate access to information to ensure that the
participation of such exclusive employee representative in
activities under subparagraph (A) is productive.
``(7)(A) The Secretary may from time to time modify a
system of promotion and advancement under this subsection.
[[Page H12142]]
``(B) In modifying a system, the Secretary shall take into
account any recommendations made by the exclusive employee
representatives concerned.
``(C) In modifying a system, the Secretary shall comply
with paragraphs (2) through (5) and shall treat any proposal
for the modification of a system as a proposal for a system
for purposes of such paragraphs.
``(D) The Secretary shall promptly submit to the
congressional veterans' affairs committees a report on any
modification of a system. Each report shall include--
``(i) an explanation and justification of the modification;
and
``(ii) a description of any recommendations of exclusive
employee representatives with respect to the modification and
a statement whether or not the modification was revised in
light of such recommendations.
``(8) In the case of employees who are not within a unit
with respect to which a labor organization is accorded
exclusive recognition, the Secretary may develop procedures
for input from representatives under this subsection from any
appropriate organization that represents a substantial
percentage of such employees or, if none, in such other
manner as the Secretary considers appropriate, consistent
with the purposes of this subsection.
``(9) In this subsection, the term `congressional veterans'
affairs committees' means the Committees on Veterans' Affairs
of the Senate and the House of Representatives.''.
(c) Temporary, Part-Time, and Without Compensation
Appointments.--Section 7405 of such title is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking subparagraphs (B) and (C)
and inserting the following new subparagraphs:
``(B) Positions listed in section 7401(3) of this title.
``(C) Librarians.''; and
(B) in paragraph (2), by striking subparagraph (B) and
inserting the following new subparagraph (B):
``(B) Positions listed in section 7401(3) of this title.'';
and
(2) in subsection (c)(1), by striking ``section 7401(1)''
and inserting ``paragraphs (1) and (3) of section 7401''.
(d) Authority for Additional Pay for Certain Health Care
Professionals.--Section 7454(b)(1) of such title is amended
by striking ``certified or registered'' and all that follows
through ``occupational therapists,'' and inserting
``individuals in positions listed in section 7401(3) of this
title,''.
SEC. 302. APPOINTMENT OF CHIROPRACTORS IN THE VETERANS HEALTH
ADMINISTRATION.
(a) Appointments.--Section 7401 is amended--
(1) in the matter preceding paragraph (1), by striking
``medical'' and inserting ``health''; and
(2) in paragraph (1), by inserting ``chiropractors,'' after
``podiatrists,''.
(b) Qualifications of Appointees.--Section 7402(b) is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Chiropractor.--To be eligible to be appointed to a
chiropractor position, a person must--
``(A) hold the degree of doctor of chiropractic, or its
equivalent, from a college of chiropractic approved by the
Secretary; and
``(B) be licensed to practice chiropractic in a State.''.
(c) Period of Appointments and Promotions.--Section
7403(a)(2) is amended by adding at the end the following new
subparagraph:
``(H) Chiropractors.''.
(d) Grades and Pay Scales.--Section 7404(b)(1) is amended
by striking the third center heading in the table and
inserting the following:
``CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE''.
(e) Malpractice and Negligence Protection.--Section 7316(a)
is amended--
(1) in paragraph (1), by striking ``medical'' each place it
appears and inserting ``health''; and
(2) in paragraph (2)--
(A) by striking ``medical'' the first place it appears and
inserting ``health''; and
(B) by inserting ``chiropractor,'' after ``podiatrist,''.
(f) Treatment as Scarce Medical Specialists for Contracting
Purposes.--Section 7409(a) is amended by inserting
``chiropractors,'' in the second sentence after
``optometrists,''.
(g) Collective Bargaining Exemption.--Section 7421(b) is
amended by adding at the end the following new paragraph:
``(8) Chiropractors.''.
(h) Effective Date.--The amendments made by this section
shall take effect at the end of the 180-day period beginning
on the date of the enactment of this Act.
SEC. 303. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR
ADDITIONAL HEALTH CARE WORKERS IN THE VETERANS
HEALTH ADMINISTRATION.
(a) In General.--Section 7454(b) is amended by adding at
the end the following new paragraph:
``(3) Employees appointed under section 7408 of this title
shall be entitled to additional pay on the same basis as
provided for nurses in section 7453(c) of this title.''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect with respect to the first pay period
beginning on or after January 1, 2004.
SEC. 304. COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE
UNDER ADDITIONAL EMPLOYMENT LAWS.
(a) Coverage.--Paragraph (5) of section 7802 is amended by
inserting before the semicolon a period and the following:
``An employee appointed under this section may be considered
for appointment to a Department position in the competitive
service in the same manner that a Department employee in the
competitive service is considered for transfer to such
position. An employee of the Service who is appointed to a
Department position in the competitive service under the
authority of the preceding sentence may count toward the
time-in-service requirement for a career appointment in such
position any previous period of employment in the Service''.
(b) Technical Amendments.--Such section is further
amended--
(1) by striking the semicolon at the end of each of
paragraphs (1) through (10) and inserting a period;
(2) by striking ``The Secretary '' and all that follows
through ``(1) establish,'' and inserting ``(a) Locations for
Canteens.--The Secretary shall establish,'';
(3) by redesignating paragraphs (2) through (11) as
subsections (b) through (k), respectively, and by realigning
those subsections (as so redesignated) so as to be flush to
the left margin;
(4) in subsection (b) (as so redesignated), by inserting
``Warehouses and Storage Depots.--The Secretary shall''
before ``establish'';
(5) in subsection (c) (as so redesignated), by inserting
``Space, Buildings, and Structures.--The Secretary shall''
before ``furnish'';
(6) in subsection (d) (as so redesignated), by inserting
``Equipment, Services, and Utilities.--The Secretary shall''
before ``transfer'';
(7) in subsection (e) (as so redesignated and as amended by
subsection (a)), by inserting ``Personnel.--The Secretary
shall'' before ``employ'';
(8) in subsection (f) (as so redesignated), by inserting
``Contracts and Agreements.--The Secretary shall'' before
``make all'';
(9) in subsection (g) (as so redesignated), by inserting
``Prices.--The Secretary shall'' before ``fix the'';
(10) in subsection (h) (as so redesignated), by inserting
``Gifts and Donations.--The Secretary may'' before
``accept'';
(11) in subsection (i) (as so redesignated), by inserting
``Rules and Regulations.--The Secretary shall'' before ``make
such'';
(12) in subsection (j) (as so redesignated), by inserting
``Delegation.--The Secretary may'' before ``delegate such'';
and
(13) in subsection (k) (as so redesignated), by inserting
``Authority To Cash Checks, Etc.--The Secretary may'' before
``authorize''.
TITLE IV--OTHER MATTERS
SEC. 401. OFFICE OF RESEARCH OVERSIGHT IN VETERANS HEALTH
ADMINISTRATION.
(a) Statutory Charter.--(1) Chapter 73 is amended by
inserting after section 7306 the following new section:
``Sec. 7307. Office of Research Oversight
``(a) Requirement for Office.--(1) There is in the Veterans
Health Administration an Office of Research Oversight
(hereinafter in this section referred to as the `Office').
The Office shall advise the Under Secretary for Health on
matters of compliance and assurance in human subjects
protections, research safety, and research impropriety and
misconduct. The Office shall function independently of
entities within the Veterans Health Administration with
responsibility for the conduct of medical research programs.
``(2) The Office shall--
``(A) monitor, review, and investigate matters of medical
research compliance and assurance in the Department with
respect to human subjects protections; and
``(B) monitor, review, and investigate matters relating to
the protection and safety of human subjects and Department
employees participating in medical research in Department
programs.
``(b) Director.--(1) The head of the Office shall be a
Director, who shall report directly to the Under Secretary
for Health (without delegation).
``(2) Any person appointed as Director shall be--
``(A) an established expert in the field of medical
research, administration of medical research programs, or
similar fields; and
``(B) qualified to carry out the duties of the Office based
on demonstrated experience and expertise.
``(c) Functions.--(1) The Director shall report to the
Under Secretary for Health on matters relating to protections
of human subjects in medical research projects of the
Department under any applicable Federal law and regulation,
the safety of employees involved in Department medical
research programs, and suspected misconduct and impropriety
in such programs. In carrying out the preceding sentence, the
Director shall consult with employees of the Veterans Health
Administration who are responsible for the management and
conduct of Department medical research programs.
[[Page H12143]]
``(2) The matters to be reported by the Director to the
Under Secretary under paragraph (1) shall include allegations
of research impropriety and misconduct by employees engaged
in medical research programs of the Department.
``(3)(A) When the Director determines that such a
recommendation is warranted, the Director may recommend to
the Under Secretary that a Department research activity be
terminated, suspended, or restricted, in whole or in part.
``(B) In a case in which the Director reasonably believes
that activities of a medical research project of the
Department place human subjects' lives or health at imminent
risk, the Director shall direct that activities under that
project be immediately suspended or, as appropriate and
specified by the Director, be limited.
``(d) General Functions.--(1) The Director shall conduct
periodic inspections and reviews, as the Director determines
appropriate, of medical research programs of the Department.
Such inspections and reviews shall include review of required
documented assurances.
``(2) The Director shall observe external accreditation
activities conducted for accreditation of medical research
programs conducted in facilities of the Department.
``(3) The Director shall investigate allegations of
research impropriety and misconduct in medical research
projects of the Department.
``(4) The Director shall submit to the Under Secretary for
Health, the Secretary, and the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
on any suspected lapse, from whatever cause or causes, in
protecting safety of human subjects and others, including
employees, in medical research programs of the Department.
``(5) The Director shall carry out such other duties as the
Under Secretary for Health may require.
``(e) Source of Funds.--Amounts for the activities of the
Office, including its regional offices, shall be derived from
amounts appropriated for the Veterans Health Administration
for Medical Care.
``(f) Annual Report.--Not later than March 15 each year,
the Director shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report
on the activities of the Office during the preceding calendar
year. Each such report shall include, with respect to that
year, the following:
``(1) A summary of reviews of individual medical research
programs of the Department completed by the Office.
``(2) Directives and other communications issued by the
Office to field activities of the Department.
``(3) Results of any investigations undertaken by the
Office during the reporting period consonant with the
purposes of this section.
``(4) Other information that would be of interest to those
committees in oversight of the Department medical research
program.
``(g) Medical Research.--For purposes of this section, the
term `medical research' means medical research described in
section 7303(a)(2) of this title.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
7306 the following new item:
``7307. Office of Research Oversight.''.
/ (b) Conforming Amendment.--Section 7303 is amended by
striking subsection (e).
SEC. 402. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT
RESEARCH CORPORATIONS.
(a) Coverage of Personnel Under Tort Claims Laws.--(1)
Subchapter IV of chapter 73 is amended by inserting after
section 7364 the following new section:
``Sec. 7364A. Coverage of employees under certain Federal
tort claims laws
``(a) An employee of a corporation established under this
subchapter who is described by subsection (b) shall be
considered an employee of the Government, or a medical care
employee of the Veterans Health Administration, for purposes
of the following provisions of law:
``(1) Section 1346(b) of title 28.
``(2) Chapter 171 of title 28.
``(3) Section 7316 of this title
``(b) An employee described in this subsection is an
employee who--
``(1) has an appointment with the Department, whether with
or without compensation;
``(2) is directly or indirectly involved or engaged in
research or education and training that is approved in
accordance with procedures established by the Under Secretary
for Health for research or education and training; and
``(3) performs such duties under the supervision of
Department personnel.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
7364 the following new item:
``7364A. Coverage of employees under certain Federal tort claims
laws.''.
(b) Clarification of Executive Director's Ethics
Certification Duties.--Section 7366(c) is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by striking ``any year--'' and all that follows through
``shall be subject'' and inserting ``any year shall be
subject'';
(3) by striking ``functions; and'' and inserting
``functions.''; and
(4) by striking paragraph (2) and inserting the following:
``(2) Each corporation established under this subchapter
shall each year submit to the Secretary a statement signed by
the executive director of the corporation verifying that each
director and employee has certified awareness of the laws and
regulations referred to in paragraph (1) and of the
consequences of violations of those laws and regulations in
the same manner as Federal employees are required to so
certify.''.
(c) Five-Year Extension of Authority to Establish Research
Corporations.--Section 7368 is amended by striking ``December
31, 2003'' and inserting ``December 31, 2008''.
SEC. 403. DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING
SUPPLY FUND PURCHASES.
(a) Enhancement of Department of Defense Participation.--
Section 8121 is amended--
(1) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(2) by designating the last sentence of subsection (a) as
subsection (c); and
(3) by inserting after paragraph (3) of subsection (a) the
following new subsection (b):
``(b) The Secretary may authorize the Secretary of Defense
to make purchases through the fund in the same manner as
activities of the Department. When services, equipment, or
supplies are furnished to the Secretary of Defense through
the fund, the reimbursement required by paragraph (2) of
subsection (a) shall be made from appropriations made to the
Department of Defense, and when services or supplies are to
be furnished to the Department of Defense, the fund may be
credited, as provided in paragraph (3) of subsection (a),
with advances from appropriations available to the Department
of Defense.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply only with respect to funds appropriated for a
fiscal year after fiscal year 2003.
SEC. 404. FIVE-YEAR EXTENSION OF HOUSING ASSISTANCE FOR
HOMELESS VETERANS.
Section 2041(c) is amended by striking ``December 31,
2003'' and inserting ``December 31, 2008''.
SEC. 405. REPORT DATE CHANGES.
(a) Senior Managers Quarterly Report.--Section 516(e)(1)(A)
is amended by striking ``30 days'' and inserting ``45 days''.
(b) Annual Report on Assistance to Homeless Veterans.--
Section 2065(a) is amended by striking ``April 15 of each
year'' and inserting ``June 15 of each year''.
(c) Annual Report of Committee on Care of Severely
Chronically Mentally Ill Veterans.--Section 7321(d)(2) is
amended by striking ``February 1, 1998, and February 1 of
each of the six following years'' and inserting ``June 1 of
each year through 2008''.
(d) Annual Report on Sharing of Health Care Resources.--
Section 8153(g) is amended--
(1) by striking ``not more than 60 days after the end of
each fiscal year'' and inserting ``not later than February 1
of each year''; and
(2) by inserting ``during the preceding fiscal year'' after
``under this section''.
(e) Annual Report of Special Committee on PTSD.--Section
110(e)(2) of the Veterans' Health Care Act of 1984 (38 U.S.C.
1712A note) is amended by striking ``February 1 of each of
the three following years'' and inserting ``May 1 of each
year through 2008''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Smith) and the gentleman from Texas (Mr. Rodriguez) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Madam Speaker, I yield such time as he may
consume to the gentleman from Connecticut (Mr. Simmons), the chairman
of our Subcommittee on Health, who is the prime author of this
legislation.
Mr. SIMMONS. Madam Speaker, I thank the gentleman from New Jersey
(Mr. Smith) the distinguished chairman of the Committee on Veterans'
Affairs, for all the hard work that he has done over the course of this
year, and in previous years, in an effort to bring this legislation to
final passage today. He is truly a friend of America's veterans.
Madam Speaker, the bill before us combines substantial portions of
seven House and Senate bills dealing with veterans health care matters.
As the Subcommittee on Health chairman, I am pleased that we are
proposing to rebuild substantial portions of the Department of Veterans
Affairs aging capital infrastructure, which is a fancy way of saying
their hospital and health care facilities.
Most Members know that America cares for her veterans more than any
other country in the world and has provided health care facilities for
her veterans for over 100 years. That is the good news. Regrettably,
the bad news is that many of these facilities, which provide excellent
health care services to our veterans, show signs of aging. They need
upgrading or replacement, and that is one of the purposes of the bill
before us today.
[[Page H12144]]
This legislation is the result of compromise between the House and
the Senate. It is the product of many minds. And I am grateful to my
ranking member, the gentleman from Texas (Mr. Rodriguez) for all of his
help in bringing us to this point here today.
In summary, the bill would authorize six new medical building
probables at a total cost of $276.6 million in Chicago, San Diego, West
Haven, Lebanon, Beckley, and Pensacola. It also authorizes advance
planning of $86.5 million for the Veterans Administration to design
five new projects in Denver, Colorado, Columbus, Ohio, Pittsburgh,
Pennsylvania, Las Vegas, Nevada, and East Central, Florida. I am
confident these projects will be funded once they are fully designed
with the authorization provided in this bill.
The Denver project, for example, is a joint venture involving the
Veterans Administration and the Air Force to establish a new
Fitzsimmons Hospital Center. We believe this project will move forward
with $26 million from the VA added to $4 million from the Air Force.
And I thank my colleagues, the gentleman from Colorado (Mr. Beauprez)
and the gentleman from Colorado (Mr. Hefley) for all of their hard work
on this project.
Another very important planning project in our bill is for Columbus,
Ohio. It would relocate and expand an existing VA clinic to available
Federal property. And while this committee wanted to provide the full
authorization this year, and, in fact, this body did so, that was
opposed by the other body. In the spirit of compromise the committees
agreed to provide $9 million for advance planning for the new clinic in
Columbus. I thank the gentleman from Ohio (Mr. Hobson) for his
leadership and help with this matter. I personally look forward to
going out to Ohio, hopefully, in the company of Secretary Principi, to
review the project.
In Pittsburgh, Pennsylvania, the VA needs a new health facility to
replace two aging hospitals, both of which are over 50 years old. The
committee has agreed to provide planning funds of $9 million for this
project as well.
In addition to these projects, the bill with also delegate to
Secretary Principi the ability to prioritize construction projects
coming out of VA's so-called ``CARES'' process, provided appropriations
to support these projects would be available. And we are confident this
approach is a responsible way to proceed. With this delegation of
authority to the Secretary, however, we also impose some limits on the
VA in this bill. If, for example, as a result of CARES, the Secretary
is closing VA medical facilities, or significantly reducing health care
staff or consolidating two or more hospitals, we request that VA report
these plans to Congress and wait 60 days before proceeding.
In closing, Madam Speaker, I would like to mention two hospital or
facility naming pieces of this legislation. First of all, I had the
honor as a member of the Committee on Armed Services to serve under
Chairman Bob Stump, who also was a distinguished chairman of the
Committee on Veterans' Affairs. There is no truer friend to America's
veterans than Bob Stump. And we lost him earlier this year,
unfortunately, to a long illness. But we wanted to memorialize his
service to American veterans in an appropriate and respectful way,
which is why our bill names the Prescott, Arizona, VA Medical Center
the Bob Stump Department of Veterans Affairs Medical Center.
As well, I want to honor a very distinguished veteran from my own
district, John McGuirk, a native of Connecticut, who enlisted in the
United States Navy during World War II, serving as a salvage diver. He
hazarded death and injury every day of his service, serving in the
South Pacific from Pearl Harbor to Manila in the Philippines, including
service aboard the salvage ship U.S.S. Laysan Island.
John McGuirk was instrumental in establishing a community-based
outreach clinic in New London, Connecticut, on the grounds of the U.S.
Coast Guard Academy. And this legislation will memorialize him by
naming this clinic after him.
Madam Speaker, I urge all Members to vote in support of final passage
of this legislation, the Veterans Health Care Capital Asset and
Business Improvement Act of 2003.
{time} 1230
Mr. RODRIGUEZ. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of S. 1156, as amended, the Veterans
Health Care, Capital Assets and Business Improvement Act of 2003.
This legislation draws the best from provisions offered in this body
and the Senate. I have worked closely on the bill with the chairman of
the Subcommittee on Health, the gentleman from Connecticut (Mr.
Simmons). I want to thank him for his graciousness and the hard work. I
would also like to thank the gentleman from New Jersey (Mr. Smith) and
also the ranking member, the gentleman from Illinois (Mr. Evans), for
their assistance in finalizing this bill.
I am very pleased that the bill includes important provisions from
H.R. 2433, as amended, a bill I introduced with the support of the
gentleman from Connecticut (Mr. Simmons). I also appreciate the
persistence of the gentleman from California (Mr. Thompson), who will
be speaking, in ensuring that these tests were brought to light in the
items that we would be bringing before in this piece of legislation.
This bill will take important steps to remedy the serious wrong done
to some of our veterans during the Cold War era. The military conducted
a series of about 50 tests over almost a decade to determine the
effects of the number of biological and chemical exposures to military
operations and whether such exposures could be adequately protected.
Many of these veterans participated without their knowledge, and too
often veterans who participated in these tests were not properly
protected from exposure to the number of stimulants as well as,
occasionally, live agents. These agents included sarin and VX nerve
gas, as well as biological war agents including Q fever and rabbit
fever.
The military has now completed a number of investigations into the
operations of the Deseret Test Center and concluded that as many as
6,000 veterans may have been involved. Veteran participation is
unacceptable, and we recognize this, and we are concerned; and we want
to assure them that if they are suffering lasting health consequence
that we will do something about this.
I am very pleased that this legislation does something about that.
This bill provides high-priority eligibility for the next 2 years to
allow them to seek and receive VA treatment for the health problems
including those that may be related to the problems, especially to the
exposure of these hazardous agents.
This authority will allow them, and it will not adequately compensate
them for what they have gone through, but we are at least beginning to
try to correct the situation that we find ourselves in. Allowing them
to have their health care concerns addressed may begin to give them the
peace of mind this Nation owes them.
I am also pleased the final bill includes many provisions on the bill
H.R. 1720, as amended. Madam Speaker, this bill authorizes many worthy
construction projects to which the VA has given high priority.
Unfortunately, the VA major medical construction has suffered for years
as Congress has waited for the results of the CARES program, which is
Capital Assets Realignment for Enhanced Services. I hope now that VA is
about to approve a final plan, Congress will see fit to provide the
appropriations VA requires to invest in its outdated infrastructure
that we know is lacking. So we are hoping that we can do more as the
report comes out.
A provision in our bill is designed to assure Congress that we are
also adequately informed of some less positive developments that may
result from this process, facility closures, staff realignments, as
well as consolidations that may affect many veterans.
I am also pleased that this bill would give us both the assurance of
this notification and the time to respond to these developments.
Regardless of its outcome, CARES gave us at least one thing of value
and that is the information that it has provided us. Last fall, the VA
came forward with data that confirmed the ongoing concerns. I, along
with my good friend, the gentleman from Texas (Mr. Ortiz), have talked
about the veterans of south
[[Page H12145]]
Texas. I know the gentleman from Texas (Mr. Ortiz) will be speaking
today. They suffered long, miserable journeys, up to 6 hours one way,
to receive hospital care and some specialized services. And I do not
think that anyone knew many of our veterans had the worst access to
acute hospital care in the Nation like in south Texas.
I am pleased this bill will require the VA to report to us on the
steps it intends to take to resolve this long-lasting problem in south
Texas.
This bill will also provide new benefits to former prisoners of war.
Under the current law, neither Jessica Lynch nor her comrades who
suffered internment in Iraq would be eligible to receive outpatient
dental care from the VA. Why? Because they were in captivity for fewer
than 90 days. Veterans who have experienced the trauma associated with
being prisoners of war deserve dental care regardless of the time of
the captivity.
This bill will also do away with these veterans medication co-
payments. Surely we can all agree that these veterans have paid enough.
This bill will extend and enhance long-term care and mental health
programs. The VA continues to study how it will provide care in the
future. Congress must remain vigilant about the programs that are
needed by some of the most vulnerable veterans in the system.
I am pleased we have continued to support two internal watchdogs to
monitor and report to Congress on the methods of improving mental
health programs within the VA for the seriously mentally ill and for
victims of post-traumatic stress disorder.
With troops who have seen the consequences of combat still in the
field, we need the VA permanent programs to be available to both men
and women who have trouble readjusting to civilian life.
Madam Speaker, there are numerous additional provisions in the bill
that will allow the VA to provide better care to our veterans. I would
like to thank the committee leadership and the staff for their hard
work on this bill.
Madam Speaker, I rise in support of S. 1156, as amended, the Veterans
Health Care, Capital Asset And Business Improvement Act of 2003. The
bill draws the best from provisions offered in this body and in the
Senate. I have worked closely on this bill with the Chairman of the
Health Subcommittee, Mr. Simmons. I would also like to thank Chairman
Smith and Ranking Member Evans for their assistance in finalizing this
bill.
I am most pleased that the bill includes important provisions from
H.R. 2433, as amended, a bill I introduced with the support of my
Chairman, Mr. Simmons. I also appreciate the persistence of the
gentleman from California, Mike Thompson in ensuring that these tests
were brought to light. This bill will take important steps to remedy a
serious wrong done to some veterans during the Cold War era. The
military conducted a series of about 50 tests over almost a decade to
determine the effect of a number of biological and chemical exposures
on military operations and whether such exposures could be adequately
detected. Too often veterans who participated, sometimes unwittingly,
in these tests were not properly protected from exposures to a number
of stimulants and, occasionally, live agents. These agents included
Sarin and VX nerve gas as well as biological war agents including Q
fever and rabbit fever.
The military has now completed a number of investigations into the
operations of the Deseret Test Center and concluded that as many as
6000 veterans may have been involved. Veteran participants are
understandably concerned and want assurances that they are not
suffering lasting health consequences related to these tests. This bill
provides high-priority health care eligibility to these veterans for
the next two years to allow them to seek and receive VA treatment for
any health problems, including those they believe may be related to
exposures to these hazardous agents. This authority will never
adequately compensate veterans for their participation in dangerous
tests, but allowing them to have their health care concerns addressed
may begin to give them the peace-of-mind the nation owes them.
I am also pleased that the final bill includes many of the provisions
from H.R. 1720, as amended. Madam Speaker, this bill authorizes many
worthy construction projects to which VA has given high priority.
Unfortunately, VA's major medical construction has languished for years
as Congress has waited for the results of the Capital Assets
Realignment for Enhanced Services (CARES) study. I hope now that VA is
about to approve a final plan, Congress will see fit to provide the
appropriations VA requires to invest in its outdated infrastructure. If
so, this will be a positive outcome of CARES. A provision of our bill
is designed to ensure Congress that we are also adequately informed of
some less positive developments that may result from this process--
facility closures, staff reassignments and consolidations that may
affect many veterans. I am pleased that this bill will give us both the
assurance of this notification and the time to respond to these
developments.
Regardless of its outcomes, CARES gave us at least one thing of
value--information. Last fall, VA came forward with data that confirm
ongoing concerns I, along with my good friend Solomon Ortiz, have had
about the veterans of South Texas. We knew they often suffered long,
miserable journeys--up to 6 hours one way--to receive hospital care and
some specialized services, but I don't think anyone knew many of our
veterans had the worst access to acute hospital care in the nation! I
am pleased this bill will require VA to report to us on steps it
intends to take to resolve this longstanding problem.
This bill will provide new benefits to former prisoners-of-war. Under
current law, neither Jessica Lynch nor her comrades who suffered
internment in Iraq would be eligible to receive outpatient dental care
from the VA. Why? Because they were in captivity for fewer than 90
days. While this limitation on eligibility was based on a rationale, it
now seems capricious. Veterans who have experienced the trauma
associated with being a prisoner of war deserve dental care regardless
of their time in captivity. This bill will also do away with these
veterans' medication copayments. Surely we can all agree that these
veterans have paid enough.
This bill will extend and enhance long-term care and mental health
problems. As VA continues to study how it will provide health care in
the future Congress must remain vigilant about these programs that
consume many resources but are needed by some of the most vulnerable
veterans in the system. I am pleased we will also require two internal
watchdogs that have made solid recommendations for improving mental
health programs to continue to report to Congress on the VA's services
for the seriously mentally ill and for veterans with Post-Traumatic
Stress Disorder. With troops who have seen the consequences of combat
still in the field we will need VA's pre-eminent programs to be
available to the men and women who have trouble readjusting to civilian
life.
Madam Speaker, there are a number of additional provisions in this
bill that will allow VA to provide better care to our veterans. I thank
the Committee leadership and the staff for their hard work on the bill
and want to commend it to all of my colleagues.
Madam Speaker, I reserve the balance of my time.
Mr. SMITH of New Jersey. Madam Speaker, I yield 3 minutes to the
gentleman from Indiana (Mr. Buyer), the distinguished chairman of our
Subcommittee on Oversight and Investigations.
(Mr. BUYER asked and was given permission to revise and extend his
remarks.)
Mr. BUYER. Madam Speaker, this is excellent bipartisan legislation,
not only between the Members of this body but also between the House
and the Senate. This is a good compromise, not only with regard to
major facility construction, whether it is to improve, renovate,
replace, update and establish new health care facilities around the
country. That is an excellent portion of this bill.
I would like to bring to my colleagues' attention that included in
this compromise package is some legislation I authored to ensure the
ethical treatment and safety of veterans who participate in VA medical
research. We spend a lot of money on VA medical research, and there
have been some incidents over the years whereby veterans have been
harmed. And just the title of what it is called, Human Subject
Protection, by calling humans subjects, it even sort of desensitizes
the issue that there is a human being here at stake.
The VA medical research human subject protections section of this
bill does the following:
We will establish an independent office to oversee research and
compliance and assurance.
This bill will also provide that the new office counsels the Under
Secretary for Health on all matters related to the protection of human
research subjects, research misconduct and impropriety, and also the
ethical conduct of research, and research safety.
That office shall investigate allegations of research, misconduct and
impropriety; suspend or restrict research
[[Page H12146]]
to ensure the safety and ethical treatment of human subjects; and
assure compliance in the conduct of research.
The director of the office shall conduct periodic inspections at
research facilities, observe external accreditation site visits,
investigate allegations of research misconduct and improprieties.
This bill also requires the immediate notification of the Under
Secretary for Health when endangerment of human research subjects is
evident or suspected and requires that Congress be notified when
research misconduct or impropriety has been discovered.
This bill provides that funding for the new office would be
independent from the Office of Research and Development.
Finally, the bill mandates that the Comptroller General of the United
States conduct a study of the effectiveness of this new office and
submit a report to Congress by January 1, 2006.
I want to thank all Members of the House Committee on Veterans'
Affairs and the Senate for including this language in section IV of the
bill. In particular, I want to thank the gentleman from New Jersey (Mr.
Smith) and the ranking member, the gentleman from Illinois (Mr. Evans),
and the ranking member of the Subcommittee on Oversight and
Investigations, the gentlewoman from Oregon (Ms. Hooley), for co-
sponsoring the legislation. Also, in particular, the gentleman from
Connecticut (Mr. Simmons) and the ranking member, the gentleman from
Texas (Mr. Rodriguez), for this bill at the subcommittee level, for
bringing this to the attention of all of our colleagues. This is good
legislation and good work, and I thank everyone for their efforts.
Mr. RODRIGUEZ. Madam Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Evans), the ranking Democrat.
Mr. EVANS. Madam Speaker, I rise to support the Veterans Health Care,
Capital Asset and Business Improvement Act of 2003. I want to start out
by thanking the gentleman from New Jersey (Mr. Smith) again for his
willingness to work closely with me and the Democratic members of the
committee to develop this as a final package. Credit goes to the
gentleman from Connecticut (Mr. Simmons) and the ranking member, the
gentleman from Texas (Mr. Rodriguez), for moving these measures to the
floor today.
The bill anticipates the final approval of the CARES plan,
identifying Congress's priorities requiring notification of major
initiatives that come before the plan. I will continue to work behind
the curtain and in front of the public to get this legislation passed.
The bill memorializes two great friends of mine: Bob Stump, who was
an advocate for veterans throughout his career. We truly miss him not
being on the committee anymore. He was a great American, and we salute
his courage in standing up for what he believed in. Also, Jesse Brown,
a veterans advocate as well, the former Secretary of Veterans Affairs
for veterans. And we recognize these contributions of these two
veterans with the passage of this bill.
This is a laudable effort for improving services for elderly and
mentally-ill veterans. It strives to make VA the first choice. I am
proud of the committee's work.
Madam Speaker, I rise to support the Veterans Health Care, Capital
Asset and Business Improvement Act of 2003. I want to thank Chairman
Smith for his ongoing commitment to veterans and his willingness to
work closely with us on the development of this final package.
There are many important provisions in this bill. I appreciate the
good bipartisan work of Chairman Simmons and Ranking Member Rodriguez
in shepherding these measures from the Health Subcommittee to our
consideration of a final conference package on the floor today.
This bill anticipates the final approval of the National Capital
Asset Realignment for Enhanced Services (CARES) Plan. This Plan may set
the framework for the first significant investment in the VA medical
care system's infrastructure in several years. We are now way behind in
making the needed investments--some estimate that the deficit is as
high as $6 billion in delayed VA projects. VA's Phase I Study in VISN
12 has offered interested parties a view to the future under a CARES-
like process. I had to look no further than upstate Illinois to see how
the administration might handle the hundreds of new proposals it has on
tap if most of the recommendations in the Draft CARES Plan are adopted.
The answers I received about the plan for VISN 12 were unsettling.
This is particularly true since this Phase I study is the prototype for
the larger National plan. VA planned to close one of the divisions of
VA Chicago without sure funding for a modern new bed tower at the other
division. This replacement facility was, in my view and many others,
the linchpin to a successful integration. There are still no plans to
develop the on-site multispecialty outpatient clinic veterans were
promised.
This spring I introduced H.R. 2349 which authorized funds to
construct the new bed tower at the West Side division of VA in Chicago.
It also attempted to hold VA's feet to the fire to fund and build the
new bed tower by prohibiting VA from disposing of the closed facility
until it began construction on its replacement. Instead of the
restrictions I put on VA in my bill, I have agreed to establish
priorities for spending appropriations designated for CARES projects.
This conference package gives the highest priority to facilities, such
as West Side, that are needed to replace capacity at facilities that
CARES will recommend closing, consolidating or converting in some
fashion. It also gives high priorities to projects that remedy life
safety and seismic deficiencies.
My bill contained additional projects that are worthy of our
appropriators' consideration. It authorizes $48,600,000 for the
correction of seismic deficiencies in San Diego, California, and
$50,000,000 for medical care and research renovations in West Haven,
Connecticut. My bill included lease authority for Las Vegas. We have
since learned that VA's needs there may be evolving and settled on
appropriating advance planning funds in the amount of $25,000,000 for a
major medical facility project there.
The bill also adopts language inspired by a provision introduced by
my friend from Kansas, Dennis Moore. His bill has tremendous and broad-
based support in this body. The provision requires VA to notify
Congress in writing of actions proposed under the CARES initiative that
would result in medical facility closures, significant staff
realignments or medical facility consolidations and prohibits VA from
taking these actions before 45 days following the notification or 30
days of continuous session of Congress.
I plan to continue to look behind the CARES process to ensure that VA
is making its decisions in the best interest of veterans--not the
bottom line.
In addition to honoring my friend, the late Jesse Brown, the former
Secretary ``for'' Veterans Affairs by naming the VA Medical Center
(West Side Division) in Chicago for him, this final package will name
the Prescott VA Medical Center for our Committee's former Chairman, and
my personal friend, the late Bob Stump. We honor two true veterans'
advocates with the passage of this bill, and I am pleased to be
associated with it.
Madam Speaker, I am pleased that we are finally able to authorize VA
to provide health care to certain Filipino World War II veterans of the
Philippines Commonwealth Army and former Philippines ``New Scouts'' who
permanently reside in the United States, in the same manner as provided
to U.S. veterans. I commend my colleague, Mr. Filner, for his
persistence in seeing this to fruition.
Several years ago, my friend from California, Mike Thompson,
discovered that many veterans had participated in a series of dangerous
tests to identify the military's ability to detect and protect itself
from biological and chemical attacks. His doggedness led the military
to admit responsibility for conducting these tests which involved
spraying American troops with agents that were, in some cases,
extremely potent. The ranking member of the Health Subcommittee, Ciro
Rodriguez, saw an opportunity to do some justice for these veterans by
giving them access to VA health care for any condition for two years.
This will allow these veterans to seek care for conditions they believe
may be related to their exposures. I am pleased to support this
provision.
This bill is laudable for improving services for elderly and mentally
ill veterans. One provision allows VA authority to provide work skills
training and development services, employment support services and job
development and placement services as part of a more comprehensive
rehabilitation package. This is likely to improve the therapeutic
outcomes for seriously mentally ill veterans, homeless veterans and
veterans with substance use disorders--those who can truly benefit from
hands-on job coaching services. It extends authority for VA to provide
properties foreclosed under its home loan program to nonprofit homeless
service providers. VA has made extensive use of this authority and
nonprofits have provided many nights of care to homeless veterans as a
result.
[[Page H12147]]
The bill extend VA's authority to provide a range of non-
institutional extended care services and a mandate to provide medically
necessary, institutional nursing care services to severely service-
connected disabled veterans through December 31, 2008. It allows VA to
extend and add a site to its important pilot program on assisted living
for veterans. It provides earmarked funding for specialized mental
health services for veterans in each of the next three fiscal years. It
also continues the reports of two important VA advisory groups who have
made a series of solid recommendations to the Under Secretary for
Health and the Congress about programs for seriously mentally ill
veterans and veterans with post-traumatic stress disorder.
Finally, this bill strives to make VA an employer of choice. We have
reached one of those rare compromises that seem to offer something to
everyone by creating a new appointment and promotion authority for
certain clinical personnel, such as clinical psychologists, social
workers, audiologists, kinesiologists, and others in the Veterans
Health Administration (VHA). This authority will allow these employees
to enjoy some of the same protections other Federal workers have, but
will also provide VA with greater hiring and promotion flexibility.
Some health care workers, mostly nursing assistants, will enjoy
Saturday premium pay under this bill. It will allow VA to appoint
employees of the Veterans' Canteen Service taking into consideration
their time in service in that capacity. We have offered VHA the
authority to hire chiropractors to enhance the types of health care
services it routinely offers veterans.
Madam Speaker, I am proud of the Committee's work on this bill and
encourage all of my colleagues to approve it.
Mr. SMITH of New Jersey. Madam Speaker, I yield 2 minutes to the
distinguished gentleman from Arizona (Mr. Renzi), a member of the
committee, and a very active one at that.
(Mr. RENZI asked and was given permission to revise and extend his
remarks.)
Mr. RENZI. Madam Speaker, I want to begin by commending the chairman,
the gentleman from New Jersey (Mr. Smith), and the gentleman from
Illinois (Mr. Evans), the gentleman from Connecticut (Mr. Simmons), and
the gentleman from Texas (Mr. Rodriguez) for their hard work in
crafting a comprehensive bill that gives great improvements to veterans
health care programs.
It is imperative at this time especially that we honor the service of
veterans and provide for the quality of life they have helped foster
for their years of service to us and this Nation.
This bill ensures the VA health care system will continue to provide
the highest quality health care services to our Nation's patriots.
I would like to take a minute to highlight a provision in this bill
that honors the memory of a veteran that served in this body.
Congressman Bob Stump dedicated his life to the service of this
country, first in World War II as a Navy medic, then as an elected
official in the State of Arizona, and also in the House of
Representatives here in Washington.
Throughout his career, he devoted his efforts to taking care of men
and women in uniform on and off the battlefield who committed
themselves to defend this Nation and our Constitution. As the previous
chairman of the House Committee on Veterans' Affairs, he worked for
over 20 years in support of increased health care benefits for veterans
and in strengthening the Montgomery GI Bill to allow veterans to have
greater access to education and training.
This bill honors the legacy of Bob Stump and his steadfast commitment
to veterans by renaming the Prescott Veterans Affairs Medical Center in
Prescott, Arizona, the Bob Stump Veterans Affairs Medical Center.
I would like to thank members of his staff, Delores Dunn, Joanne
Keeane, and Susan Hosinpellar, who continue to carry on the tradition
of his service. It is they who brought forward this idea, along with
the Arizona delegation who helped make it happen. It is a fitting
tribute to one of our Nation's greatest heroes.
Mr. RODRIGUEZ. Madam Speaker, I yield 3 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Madam Speaker, I also rise in support of S. 1156 as it
comes to the House.
As I said yesterday on the floor of the House and I will say again to
the chairman of the Committee on Veterans' Affairs and the ranking
member, the gentleman from New Jersey (Mr. Smith) and the gentleman
from Illinois (Mr. Evans), if we take the benefits package that we
passed yesterday and the health package that we will pass today, the
sum together of these make this year one of the most productive years
ever for benefits and health care for our Nation's veterans.
{time} 1245
I want to congratulate our leadership on that.
Let me just speak quickly to two of the provisions in this bill. One
of them provides access to the veterans medical facilities to all
Filipino World War II veterans who legally reside in the United States.
This is a benefit that comes from my bill, H.R. 664, and for which I
have been fighting for many years, and I thank all the folks involved,
the gentleman from Connecticut (Chairman Simmons), the gentleman from
Texas (Ranking Member Rodriguez), as well as Veterans' Affairs
Secretary Principi for bringing this to the floor today.
The Filipino soldiers during World War II helped us win the war in
the Pacific, and their brave, courageous stands in the epic battles of
Bataan and Corregidor, their critical participation in guerrilla
warfare that slowed up the Japanese advance, caused them to suffer
greatly after the war when the Congress of 1946 deprived them of the
very benefits in both health and benefits that they had been promised.
These veterans are now in their seventies and eighties. Their most
urgent need is health care. So it is with great joy that I urge my
colleagues to vote for this bill. It will restore dignity and honor to
these brave veterans where over 50 years of injustice burns in their
hearts. Their sons and daughters and they themselves, I know, are
watching this floor today and are going to have great celebration when
we pass this bill later on.
What we are saying here today is that these veterans are indeed
United States veterans, and we are going to begin remedying the
historical injustice that we inflicted upon them. We will make good on
the promise of America for these brave veterans.
In addition, as has been mentioned, this bill contains major medical
investments in many areas of this country, including San Diego,
California. The average health care facility in the VA is more than 50
years old. So we have to update these buildings. The building in San
Diego is in dire need of seismic correction, and it is one of 60
projects that the VA has identified that need these seismic
corrections. So we cannot turn our heads away without acting any
longer. We cannot continue to leave VA patients and employees in harm's
way.
For all these reasons and more, I urge passage of Senate bill 1156.
Mr. SMITH of New Jersey. Mr. Speaker, because there have been so many
requests for time on our side, as well as on the Democratic side, I ask
unanimous consent that we extend this debate by 10 minutes equally
divided between the minority and majority.
The SPEAKER pro tempore (Mr. Burgess). Is there objection to the
request of the gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
gentleman from Colorado (Mr. Hefley), the distinguished chairman of the
Committee on Standards of Official Conduct.
Mr. HEFLEY. Mr. Speaker, let me tell my colleagues this is a good
bill. This recognizes needs that have gone unmet for in some cases
seems like generations, and I am not going to go through and describe
the bill in its totality because other speakers have done it better
than I can, but let me just say an area that I am particularly
interested in is the authorization for the Secretary of Veterans'
Affairs to enter into a contract in the amount of $26 million for the
advance planning and engineering for the VA medical facility project at
the former Fitzsimons Army Medical Center site in Aurora, Colorado.
As the gentleman from Connecticut (Mr. Simmons) said, the University
of Colorado Hospital is moving to this new medical campus, which is
really going to be something to see when it is completed, and they have
cooperated with the veterans hospital over the years, and now to bring
the veterans hospital out there with the savings
[[Page H12148]]
that goes with that, it is going to be a magnificent medical facility.
The VA Medical Center at Fitzsimons, with this co-location with the
Colorado Health Sciences Center and University of Colorado Hospital
will be a veteran-friendly, state-of-the-art medical campus providing
veterans with highly specialized medical needs with easy access to the
best diagnostic and treatment programs that America can provide for
veterans anywhere in America.
The Denver Veterans Medical Center's relocation is a unique
opportunity to provide solid and constructive solutions to the
challenges of aging facilities issues and new facilities costs while
providing enhanced quality of medical care for veterans.
I believe that co-locating the Denver Veterans Medical Center with
the University of Colorado Hospital will achieve the goals of providing
the most modern, comprehensive and cost-effective medical care that our
Nation can provide our veterans.
Congress has a duty to provide the best medical care it can to our
Nation's veterans, and we must always strive for the very best health
care services it can by utilizing the most cost-effective measures
available, and for this reason, I am very much in support of Senate
bill 1156 and encourage my colleagues to vote for it.
I have said it before, and so I am being redundant, but I will say it
again, no one cares more about the veterans of this Nation than the
gentleman from New Jersey (Mr. Smith) and the gentleman from
Connecticut (Mr. Simmons), and they have just done a magnificent job of
putting this bill together with the limitations we have. It is a
wonderful bill.
Mr. RODRIGUEZ. Mr. Speaker, I yield 3\1/2\ minutes to the gentlewoman
from Nevada (Ms. Berkley), a member of the committee.
Ms. BERKLEY. Mr. Speaker, I thank the gentleman from Texas for his
leadership in this issue.
Mr. Speaker, I rise today in support of this legislation which
contains so many worthwhile VA medical construction projects across the
country, including a medical complex in southern Nevada. I would like
to thank the gentleman from New Jersey (Mr. Smith), the Committee on
Veterans' Affairs chairman, and the gentleman from Illinois (Mr.
Evans), the ranking member, for working closely with me and other
members on this important measure.
Southern Nevada's veterans population is one of the fastest growing
in the United States. The VA predicts that the number of annual visits
by veterans in the Las Vegas Valley to their primary health care clinic
will rise from 200,000 to more than a half a million by 2010. That is a
mere 7 years from now, and the number of hospital beds needed to serve
the veterans in my community will increase by 50 percent.
The VA is already struggling to address and meet the current demands
on the VA health care structure in the Las Vegas valley. Last year,
1,500 southern Nevada veterans were sent to neighboring States because
we could not provide the needed services locally. This is a terrible
burden on those veterans and their families. They should not have to
travel hundreds of miles across the country for needed care.
In addition, due to the decrepit conditions and structural
deficiencies, the VA evacuated the Addelier D. Guy VA Clinic in Las
Vegas after only 5 years in operation, forcing veterans to rely on a
string of temporary clinics scattered across the Las Vegas Valley. I
cannot tell my colleagues what a travesty it is when I see 80-year-old
veterans waiting for a shuttle in 110 degree temperature in the middle
of Las Vegas summers, waiting for a shuttle to pick them up to take
them from one location to another for their health care needs. It is a
horrible sight to see and must be corrected as quickly as possible.
In short, southern Nevada is facing a veterans health care crisis.
Recently, the Department of Veterans' Affairs released the CARES
document which proposes $4.6 billion worth of VA construction projects
across the country. The CARES initiative directs funding to construct
new facilities in areas where veterans populations are growing such as
the Las Vegas Valley. Because of the explosive growth in the number of
veterans living in and around Las Vegas, the CARES initiative calls for
the construction of a full-scale medical facility, including a full-
service patient care hospital and outpatient clinic and a comprehensive
long-term care nursing facility of which we have none of those.
To fully understand the current health and medical care needs of the
5 million veterans and veteran services that will be needed in the next
20 years, the CARES Commission evaluated the plan and heard testimony
in 38 public hearings across the country, including Las Vegas, from
veterans, Members of Congress, VA employees, local government officials
and veteran service groups. I commend the work of the CARES Commission.
This process was done with our veterans squarely in mind, focused not
only on those areas that have multiple facilities but also on the
fastest growing regions, like southern Nevada, which lack the
facilities needed to keep pace with the sudden influx of veterans from
other areas of the country. Any plan to address shortcomings in
veterans' care must reflect the need to expand services in areas where
our veterans live.
This bill that I speak of, and that we are here today to discuss,
authorizes the Secretary of the VA to provide $25 million to carry out
the advance planning of a full-scale VA medical complex in Las Vegas,
Nevada, as outlined through the draft of the CARES plan. This
authorization is the first step in addressing the health care crisis of
the veterans in southern Nevada.
I urge my colleagues to support this legislation. I cannot tell my
colleagues how important it is to the veterans across the country.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from Colorado (Mr. Beauprez), who along with
the gentleman from Colorado (Mr. Hefley) worked very, very hard for the
Fitzsimons Hospital, and I am very grateful for their help.
(Mr. BEAUPREZ asked and was given permission to revise and extend his
remarks.)
Mr. BEAUPREZ. Mr. Speaker, I thank the gentleman for yielding me the
time.
Mr. Speaker, I am proud to speak today in support of the Veterans
Health Care Capital Asset and Business Improvement Act of 2003.
Like many systems in the VA, the Denver Medical Veterans Center in
Colorado was constructed about 50 years ago primarily to provide low-
volume inpatient care to our veteran population in Colorado. Today, we
have an opportunity to provide health care in a much more efficient
manner.
This legislation, as has already been mentioned, will allow for the
relocation of the VA hospital to the new Fitzsimons campus. Such
relocation would allow for a modern facility to deliver modern health
care on a state-of-the-art medical campus. The VA would be able to
continue the synergistic University of Colorado partnership which will
provide numerous operational efficiencies, as well as access to an
extensive staff of doctors, technicians and specialists. S. 1156 would
authorize this critical relocation.
It is my belief that the savings in operational efficiencies at
Fitzsimons in itself will pay for the construction of the new hospital.
Construction of a new hospital at Fitzsimons also allows for the
ability to build a much-needed spinal cord injury center.
This new hospital and the strengthened partnership holds potential
for cutting edge enhancements in veteran health care through
collaborative research with the university. The unparalleled quality of
health care that will be afforded to our veterans with this unique
partnership is not something that we should deny our veterans. In
addition to the university and the VA, this legislation authorizes the
DOD to join the Fitzsimons VA partnership to provide health care to the
nearby Buckley Air Force Base. Many of us believe that the new
Fitzsimons VA Hospital may become a new model for delivery of health
care for our veteran population.
Regardless of where our veterans happen to live, they deserve the
best care possible, and as the House votes today on this measure, I ask
that we all keep in mind the long-term planning mission of the VA,
which is to improve access to and the quality and
[[Page H12149]]
cost-effectiveness of veteran health care.
I want to particularly thank and commend my colleagues, the gentleman
from Colorado (Mr. Hefley), especially the gentleman from New Jersey
(Mr. Smith), the chairman; and the gentleman from Connecticut (Mr.
Simmons), subcommittee chairman; the gentleman from Texas (Mr.
Rodriguez), the subcommittee ranking member, and the gentleman from
Illinois (Mr. Evans), the ranking member, for their passionate,
unrelenting service on behalf of our veterans and for bringing this
legislation to the floor. I commend them, and I also thank my
colleagues in the other body for looking favorably on this critical
project. I strongly support the passage of S. 1156.
Mr. Speaker, I am proud to speak today in support of S. 1156, the
Veterans Health Care Capital Asset and Business Improvement Act of
2003. Many facilities in the VA healthcare system are run-down,
decrepit buildings that are not conducive to providing quality
healthcare to our veterans.
The Denver Veterans Medical Center in Colorado was constructed about
50 years ago primarily to provide low-volume inpatient care to our
veteran population. In Colorado today, we have an opportunity to
provide health care in a much more efficient manner.
The Denver Veterans Medical Center in its decaying state is faced
with two main alternatives with regard to their facility. The first
alternative is to invest in the renovation of this facility to make it
capable of handling the medical needs of our current veteran
population, and the changing needs of that population over the next 20
years. After such a renovation, not only would the VA still be left
with a 50-year old buildings, but it would also be an orphaned medical
center, as the University of Colorado Health Science Center--the VA
partner for 50 years--is relocating to the redeveloping Fitzsimons Army
Base.
The second alternative is to relocate the VA Hospital to the new
Fitzsimons campus, as well. Such relocation would allow for a modern
facility to deliver modern health care on a state of the art medical
campus. The VA would be able to continue the synergistic University of
Colorado partnership, which will provide numerous operational
efficiencies as well as access to an extensive staff of doctors,
technicians, and specialists. S. 1156 would authorize this critical
relocation.
It is my belief that the savings in operational efficiencies at
Fitzsimons in itself will pay for the construction of the new hospital.
Construction of a new hospital at Fitzsimons also allows for the
ability to build a much-needed Spinal Cord Injury center.
One final reason construction of a new VA hospital at Fitzsimons is a
better option, lies in the hospital's potential for cutting-edge
enhancements in veteran health care through collaborative research with
the university. The unparallel quality of healthcare that will be
afforded to veterans with this unique partnership is not something we
can deny to our veterans. Additionally, this legislation authorizes the
DOD to join in the Fitzsimons VA partnership to provide healthcare to
the nearby Buckley Air Force Base. Many of us believe that the new
Fitzsimons VA Hospital may become a new model for delivery of
healthcare for our military veterans.
Regardless of where our veterans happen to live, they deserve the
best care possible. As the House votes on this measure today, I ask
that we all keep in mind the long-term planning mission of the VA: ``to
improve access to, and the quality and cost effectiveness of, veterans
health care.'' I would like to thank my colleagues Mr. Hefley, Chairman
Smith and Chairman Simmons for their leadership on their efforts to
bring this measure to the floor. I also thank my colleagues in the
other body for looking favorably on this critical project. I strongly
support S. 1156 and hope my colleagues will join me in passing this
important legislation.
Mr. RODRIGUEZ. Mr. Speaker, I yield 3 minutes to the gentlewoman from
California (Ms. Millender-McDonald).
Ms. MILLENDER-McDONALD. Mr. Speaker, I rise in strong support of the
Department of Veterans Affairs Long-Term Care and Personnel Authorities
Enhancement Act of 2003. I would like to thank the gentleman from New
Jersey (Chairman Smith) and the gentleman from Illinois (Ranking Member
Evans) for their commitment to veterans issues and their steadfast
leadership and dedication to those men and women who have served us
admirably in this country and throughout the world.
I want to also thank the gentleman from Connecticut (Mr. Simmons),
subcommittee chair, and the gentleman from Texas (Mr. Rodriguez), the
ranking member, for their dedication and leadership. They are all
steadfast in ensuring that veterans have their proper stay in terms of
care.
Another person who has worked tirelessly for the committee and for
Filipino veterans is my colleague and friend from California (Mr.
Filner). His commitment and resolve has been stellar on behalf of these
veterans whom we both serve.
{time} 1300
This bill, Mr. Speaker, is a long time coming. There are many, many
good measures in this bill. I applaud the committee for doing good and
timely work.
Mr. Speaker, addressing the current and future needs of our veterans
must continue to be a national top priority. There is one important
measure in this bill, though, that has been particularly close to me
for the past several years. I want to applaud and thank members of the
Committee on Veterans' Affairs for including the authorization to
provide hospital and nursing home care and medical services to Filipino
World War II veterans of the Philippines Commonwealth Army and former
Philippines New Scouts in the same manner that is provided for other
U.S. veterans and who reside permanently in the United States.
Currently, there are 11,000 World War II Filipino veterans who are
citizens or legal residents of the United States. Many of these brave
veterans are in their seventies and eighties and in desperate need of
health benefits, and I am proud to represent many of them in my
district. Passage of this language provides health benefits to these
brave men, as well as benefiting our communities across the country.
I represent a district with approximately 35,000 Filipinos, the
largest population of Filipino veterans in America. And for several
years now, I have put my heart and soul into the welfare of many
Filipino veterans who have asked me to help them in their struggle for
recognition and equity in acquiring benefits.
I have witnessed firsthand how providing these long overdue health
benefits will affect our families, our neighborhoods, our friends and,
ultimately, our communities. I urge my colleagues to support this very
important legislation on behalf of all of our veterans, and especially
these Filipino veterans who have waited long enough.
Finally, I want to commend the committee on H.R. 2297, the Veterans
Benefit Act of 2003, which passed the floor last night. This
legislation addressed many issues that are also very important to the
Filipino community. H.R. 2297 included language that extended
eligibility for burial in the National Cemeteries to new Filipino
scouts.
For this, Mr. Speaker, and for all other reasons and the great
provisions of this bill, I want to thank the committee, and especially
thank the Secretary of Veterans Affairs, Secretary Principi, for his
leadership and guidance.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 1 minute to my good
friend, the gentleman from Nevada (Mr. Gibbons).
(Mr. GIBBONS asked and was given permission to revise and extend his
remarks.)
Mr. GIBBONS. Mr. Speaker, in honor of our former friend and
colleague, a World War II veteran, the veterans' great friend across
this country, the late Bob Stump, I rise in strong support of this
legislation, S. 1156, the Department of Veterans Affairs Long-Term Care
and Personnel Authorities Enhancement Act of 2003. I want to add my
voice in support of those who have already spoken in support of this
legislation.
This bill goes a long way in providing our Nation's veterans with the
medical care that they have earned and deserve. The long-term health
care that this bill provides communities across the country, including
southern Nevada, is desperately needed. Southern Nevada, as you have
already heard, has one of the highest, fastest-growing veterans
populations in the country; and their needs have far outstrip the
current care capacity of the current VA facilities in the area.
Fulfilling the current and future health care needs of our veterans
must remain a high priority. I applaud the commitment of our colleagues
in the House, especially the Nevada delegation, in meeting the needs of
Nevada's veterans. I also applaud the work of my
[[Page H12150]]
colleagues in the other Chamber on this bill.
I urge my colleagues in the House to support S. 1156. The assistance
it provides to Nevada's veterans and veterans across this country is
long overdue.
Mr. RODRIGUEZ. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Thompson), who has been in the forefront of the issue
of Project SHAD and Project 112.
Mr. THOMPSON of California. Mr. Speaker, I thank the ranking member
for yielding me time.
Mr. Speaker, I rise today in support of this bill. It includes a
number of provisions that are of critical importance to our veterans
community. One such inclusion is based on the bill authored by the
gentleman from Texas (Mr. Rodriguez) that would provide health care
free of charge to veterans who participated in what are known as
Project 112 and Project SHAD. These projects were a series of over 100
tests that subjected our servicemen and our servicewomen to harmful
chemical and biological agents and possibly to decontaminates now
believed to be harmful. While we still have a long way to go in getting
to the bottom of this issue, this bill provides important care to our
veterans who, in many cases, unknowingly participated in these trials.
I commend the gentleman from Texas (Mr. Rodriguez) and the other
members of the committee for working to provide for this critical
health care provision.
My own experience with this came when a constituent of mine called
and said that he had participated in Project SHAD. He and a number of
his shipmates now have cancer, and he wanted help.
After 3 years of investigation, the Department of Defense revealed
last year that these tests involved live agents, in some cases, VX
nerve gas, sarin nerve gas, and E. coli. The Department of Defense
describes VX as one of the most lethal substances ever synthesized, and
sarin, as we all know, was used in that tragic terrorist attack, not
only tragic, but deadly terrorist attack, on the Tokyo subway a few
years ago. We put at least 5,000 of our servicemembers at risk by
exposing them to these hazardous agents.
We have a duty to rectify this disgraceful conduct on the part of the
Department of Defense. Project 112 and Project SHAD and similar cases
of chemical and biological testing involving servicemembers are issues
of trust and integrity. Our military personnel put their trust in our
government to protect them, and our integrity has been compromised
because, nearly 40 years later, we are still not protecting them.
I urge all Members of this House to vote for this bill and take one
step towards renewing this trust in our veterans, whom we so respect
and so depend upon.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from Nebraska (Mr. Osborne).
Mr. OSBORNE. Mr. Speaker, I would like to especially thank the
gentleman from New Jersey (Chairman Smith), the gentleman from
Connecticut (Chairman Simmons), and the gentleman from Texas (Mr.
Rodriguez) for their work on this bill. It is an excellent piece of
legislation.
Mr. Speaker, the biggest veterans health care issue in my district,
which is largely rural, is access. We have a great many veterans who
are driving hundreds of miles and sometimes many hours to a clinic; and
as a result, many of them, particularly the oldest and the sickest,
simply cannot get there. They do not have access. Also, of course, they
are facing waiting lists sometimes of several months.
Mr. Speaker, what I did was I submitted legislation to provide
vouchers for health care to local hospitals. That legislation is not in
this particular bill. However, this legislation expresses the sense of
Congress that the Secretary of Veterans Affairs should take steps to
ensure that an appropriate mix of facilities and clinical staff is
available for health care for veterans residing in rural areas. I
really applaud members for getting that in there, because I think that
is badly needed.
In addition, the legislation also contains a requirement that 120
days after the date of enactment of this legislation, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans' Affairs of
the Senate and the House a report describing the steps the Secretary is
taking to improve access to health care for veterans residing in rural
areas.
So I applaud Members for getting that in there and also requiring at
least a 120-day report. We appreciate this. I would like to thank my
colleagues for including these important provisions, and thank them for
this bill. I urge support.
Mr. RODRIGUEZ. Mr. Speaker, I yield 2 minutes to the gentleman from
Texas (Mr. Ortiz), whom we consider our dean, who is also responsible
for some of this legislation.
(Mr. ORTIZ asked and was given permission to revise and extend his
remarks.)
Mr. ORTIZ. Mr. Speaker, I thank the gentleman for yielding me time.
Mr. Speaker, this bill requires a plan for in-patient services for
veterans in south Texas by January 31, 2004, either through VA or
through contracts with private hospitals.
Of course, I would like to thank my good friend, the gentleman from
Ohio (Mr. Hobson), for his help in finding more health services for our
veterans; and also my good friend, the gentleman from New Jersey
(Chairman Smith); the gentleman from Illinois (Chairman Simmons), my
good friend; the gentleman from Illinois (Mr. Evans); and, of course,
the gentleman from Texas (Mr. Rodriguez), who intervened at a critical
point to ensure south Texas was kept in this bill.
In my district I have four military installations. Through the years,
we know what happens when a veteran gets ready to retire. What he does
is he moves close to a military installation. Well, in this case the
hospital that we had was shut down several years ago. But now under
this bill and with this contract that they are talking about, opening
up for in-patient care, it gives hope to the veterans who live in the
area.
Mr. Speaker, we have veterans from the Second World War and the
Korean War. Some of them are bed-ridden, and it takes 6 to 7 hours for
them to go to the nearest VA hospital, which happens to be in San
Antonio. I think that part of the healing process is the idea of being
close to your family. But when you are removed from your family and
have to travel and take that patient away from his family to a point
that is 200 to 300 miles away, it does not work.
They deserve no less than this. The Lord knows that these VA patients
and veterans have waited for a long, long time.
I am glad that this bill is also honoring my good friend that I got
to know for a long time, Bob Stump from Arizona. I am glad that we are
honoring his memory.
Please, I ask my friends to vote for this bill.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 2 minutes to the
distinguished gentleman from Florida (Mr. Miller), and thank him for
the great work he did on the Pensacola Outpatient Clinic, the $45
million that he was instrumental in putting in there.
Mr. MILLER of Florida. Mr. Speaker, I will not say many of the things
that a lot of my colleagues have already said on the floor today, but I
do want to say thank you to our chairman, the gentleman from New Jersey
(Mr. Smith), our subcommittee chairman, the gentleman from Illinois
(Mr. Simmons), and certainly the ranking member. In fact, I thank all
the members of the Committee on Veterans' Affairs on both sides of the
aisle.
I want to say that the first district of Florida probably includes
some of the most striking examples of access to care challenges that
this country ever had. I have almost 100,000 veterans that live in the
Panhandle. All of them are eligible to receive health care through the
VA. Pensacola ranks in the top 10 in veteran populations in the Nation,
and Fort Walton Beach tops that list.
Despite these numbers, our community-based outpatient clinic in
Pensacola treats twice the number of Panhandle veterans than it was
designed to do. Veterans in Fort Walton and farther east must travel to
the other side of Eglin Air Force Base, which spans over 700 square
miles in the middle of my district, in order to even reach the
Pensacola clinic. For VA in-patient care, all of my patients must go to
Biloxi, Mississippi, a trip upwards of 200 miles for some of my
residents.
[[Page H12151]]
I would say in VA's budget submission for this fiscal year, the
Pensacola facility was described as ``obsolete.'' This description does
not even come close to painting an accurate picture of the crowded and
totally inadequate facility. The time to move forward on providing a
new facility is now, and this bill sets the pace.
I am proud that the Naval Hospital Pensacola has been ahead of the
bell curve on the implementation of co-sharing agreements, as has the
96th Medical Group at Eglin Air Force Base. Whereas both facilities
have the potential to set the pace for the rest of the Nation in
regards to issues of VA and DOD resource-sharing, the CARES Commission
report acknowledges this in its ``highest priority project request''
for land to build a replacement Pensacola clinic at the Naval Hospital
Pensacola, with the Navy to provide contract hospitalization for
medicine and surgical care.
This bill, Mr. Speaker, underscores the solidarity amongst all
stakeholders in this endeavor. I would say that nothing makes me
prouder than to represent the veterans of northwest Florida, and I urge
my colleagues to support S. 1156.
Mr. RODRIGUEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, let me take this opportunity, first of all, to thank the
gentleman from New Jersey (Chairman Smith) and the gentleman from
Illinois (Chairman Simmons) for their hard work on this particular
bill.
I also want to take time to also recognize our leading Democrat, the
gentleman from Illinois (Mr. Evans), for his hard work on this specific
bill. I also want to take this opportunity to thank all the Members who
participated to make this happen, such as the gentleman from Texas (Mr.
Ortiz) and the gentleman from California (Mr. Thompson), as well as
those on the Republican side.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
{time} 1315
Mr. SMITH of New Jersey. Mr. Speaker, I yield 1 minute to the
gentleman from Ohio (Mr. Tiberi), and thank the gentleman for his work
on the Columbus, Ohio project which has advance planning funds to the
tune of $9 million in this bill.
Mr. TIBERI. Mr. Speaker, I am very disappointed that this final bill
does not fully authorize a new veterans health care facility in central
Ohio, as was done in the House bill we approved earlier this year,
thanks to the hard work by the gentleman from Ohio (Chairman Hobson),
my central Ohio colleague; but as importantly, the gentleman from New
Jersey (Chairman Smith) and the subcommittee chairman, the gentleman
from Connecticut (Mr. Simmons), who worked extremely hard to get that
commitment in the bill that we passed here, a facility badly in need of
expansion. That $90 million represented a beginning-to-end commitment
that this House made. This bill before us includes only $9 million for
planning purposes. That cut was made by the other body, and is
something that we in the House knew nothing about, were not consulted
with, and we are stuck with the version before us today.
The money included in this bill for the new central Ohio veterans'
facility is a start for an area long underserved by the veterans
administration, but it is only a start. I want to assure the veterans
community in central Ohio that I am committed to finishing the job and
making a new expanded health care facility a reality in the years to
come.
Mr. SMITH of New Jersey. Mr. Speaker, I yield 1 minute to the
gentleman from Connecticut (Mr. Simmons).
Mr. SIMMONS. Mr. Speaker, I would like to briefly respond to the
gentleman from Ohio (Mr. Tiberi) to say that it is a start, it is a
good start, and we are going to be with the gentleman all the way. I
look forward to coming to Ohio with Secretary Principi to visit the
facility.
I would also like to thank the subcommittee staff director, John
Bradley, and the minority staff director, Susan Edgerton for their hard
work, and I would like to make a comment. Over 100 years ago, the U.S.
Marine Corps was dispatched to China to relieve the diplomatic
legations in that country that were under great pressure from the Boxer
Rebellion, and when they came back, they adopted the term ``gung-ho.''
To be gung-ho, to be enthusiastic, to be filled with vigor for
something. But the term ``gung-ho'' comes from the Chinese. I see the
gentleman from Illinois (Mr. Evans) is smiling, he probably knows,
which means work together.
Under the leadership of the chairman and the ranking member, we have
worked together on this legislation, and we have accomplished something
that we have not accomplished for 5 years, which is an authorization
bill, hopefully, heading to the White House for the President's
signature.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself the balance of
my time.
Mr. Speaker, first of all, I thank the gentleman from Illinois (Mr.
Evans). Again, we have collaborated on a bill working with the
subcommittee chairman, the gentleman from Connecticut (Mr. Simmons),
and the ranking member, the gentleman from Texas (Mr. Rodriguez), and
we have produced an extraordinarily good piece of legislation.
We worked with the other body, and I want to thank Senator Arlen
Specter, the chairman, and the ranking member, Senator Graham. There
was give and take, obviously. We began working on this very
comprehensive product last spring. Again, this is a combination of a
number of bills rolled and packaged into one bill. Project Shad was
mentioned earlier by my colleague from California, and the gentleman
from Texas (Mr. Rodriguez) mentioned it as well. This bill is not
everything we would like. The next time I find a bill on this floor
that is will be the first time.
We did pass over to the other body the full money for the Columbus
project, and we got back advance planning funding from the other body.
While it is not everything we wanted, it certainly will ensure that
that project goes forward. The $9 million is not chump change and will
be sufficient to get the job done. I want to assure my colleagues we
have done our due diligence. This is a very good piece of veterans
legislation.
I want to thank our staff, Pat Ryan; John Bradley, who is the staff
director for the subcommittee; Kingston Smith, our deputy chief
counsel; Jeannie McNally; Mary McDermott; Peter Dickinson; Steve
Kirkland; Bernie Dotson; Summer Larson; Kathleen Greve; Delores Dunn;
Paige McManus; Devon Seibert; and Veronica Crowe. As my colleague
mentioned, we have had great cooperation with our friends on the other
side of the aisle.
Again, this is a quintessential bipartisan piece of legislation,
something that this entire body can be proud of, and it will advance
the ball significantly when it comes to veterans health care as well as
the construction project.
Let me also remind my colleagues that we have passed over to the
other body H.R. 11 and another bill that I sponsored and a bill that
the gentleman from Kansas (Mr. Moran) sponsored in the last Congress,
and they never came back. They listed a number of projects that should
have but did not get funded and were not authorized. Now, finally in
this Congress, under the great leadership of the gentleman from
Connecticut (Mr. Simmons), we have gotten that product back from the
Senate, and it will go to President Bush for his signature. This is a
great day for veterans. Again, I thank all of my colleagues for their
cooperation and leadership.
Mr. Speaker, I include for the Record a joint explanatory statement.
Explanatory Statement on S. 1156, as Amended, Veterans Health Care,
Capital Asset, and Business Improvement Act of 2003
S. 1156, as amended, the Veterans Health Care, Capital
Asset, and Business Improvement Act of 2003 (``Compromise
Agreement'') reflects a negotiated agreement reached by the
Senate and House of Representatives Committees on Veterans'
Affairs concerning provisions in a number of bills considered
by the House and Senate during the 1st session of the 108th
Congress. The measures considered in this compromise are: S.
1156, as amended, as reported by the Senate Committee on
Veterans' Affairs on November 10, 2003; S. 1815 introduced on
November 4, 2003 (``Senate Bill''); H.R. 2357, as amended,
passed the House on July 21, 2003; H.R. 2433,
[[Page H12152]]
as amended, passed the House on September 10, 2003; H.R.
1720, as amended, passed the House on October 29, 2003; H.R.
3260, as introduced in the House on October 8, 2003; and H.R.
3387, as introduced in the House on October 29, 2003 (``House
Bill'').
The House and Senate Committees on Veterans' Affairs have
prepared the following explanation of the Compromise
Agreement. Differences between the provisions contained in
the Compromise Agreement and the related provisions of the
Senate bill and the House bills are noted, except for
clerical corrections, conforming changes made necessary by
the Compromise Agreement, and minor drafting, technical, and
clarifying changes.
TITLE I--HEALTH CARE AUTHORITIES AND RELATED MATTERS
IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR
Current Law
Section 1712 of title 38, United States Code, authorizes
outpatient dental services and related dental appliances to
veterans who are former prisoners of war (POWs) if they were
detained or interned for a period of at least 90 days.
Section 1722A of title 38, United States Code, requires
veterans who are not service-connected with a disability
rated at more than 50 percent or eligible for pensions under
section 1521 of title 38, United States Code, to make
copayments for medications.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 3 of H.R. 3260 would authorize veterans who are
former POWs to receive outpatient dental care, irrespective
of the number of days held captive, and would exempt former
POWs from the requirement to make copayments on outpatient
prescription medications.
Compromise Agreement
Section 101 of the Compromise Agreement follows the House
language.
PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED IN CERTAIN
DEPARTMENT OF DEFENSE CHEMICAL AND BIOLOGICAL WARFARE TESTING
Current Law
There is no comparable provision in current law.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 2 of H.R. 2433, as amended, would authorize the
Department of Veterans Affairs (``VA'' or ``Department'') to
provide higher priority health care to veterans who
participated in Project Shipboard Hazard and Defense (SHAD),
Project 112 or related land-based tests conducted by the
Department of Defense Deseret Test Center, from 1962 through
1973, without those veterans needing an adjudicated service-
connected disability to establish their priority for care.
Compromise Agreement
Section 102 of the Compromise Agreement follows the House
language.
ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FOR CERTAIN
FILIPINO WORLD WAR II VETERANS RESIDING IN THE UNITED STATES
Current Law
Section 1734 of title 38, United States Code, establishes
that veterans of the Commonwealth Army and New Philippine
Scouts residing legally in the United States are eligible for
VA health care services for the treatment of service-
connected disabilities and, in the case of Commonwealth Army
veterans, for non-service-connected conditions if they are in
receipt of disability compensation.
Senate Bill
Section 421 of S. 1156 contains a similar provision.
House Bill
Section 3 of H.R. 2357, as amended, would authorize VA
health care for additional World War II Filipino veterans who
reside legally in the United States. These veterans of the
Commonwealth Army and new Philippine Scouts, would be subject
to the same eligibility and means test requirements as U.S.
veterans. The House bill would require the Secretary of
Veterans Affairs (``Secretary'') to certify each fiscal
year that sufficient resources are available at the VA
health care facilities where the majority of these
veterans would seek care.
Compromise Agreement
Section 103 of the Compromise Agreement follows the House
language, except the Compromise Agreement does not include
the resource availability certification requirement.
ENHANCEMENT OF REHABILITATIVE SERVICES
Current Law
Chapter 31 of title 38, United States Code, authorizes VA
to provide vocational rehabilitation services. VA is
authorized under chapter 17 of title 38 to offer medical care
and compensated work therapy to certain veterans.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 3 of H.R. 3387 would authorize the Secretary to
provide therapeutic employment support services (i.e., skills
training and development services, employment support
services, and job development and placement services) to
patients in need of rehabilitation for mental health
disorders, including serious mental illness and substance use
disorders.
Section 3 of H.R. 3387 would also authorize VA to use funds
in the Special Therapeutic and Rehabilitation Activities Fund
(STRAF) authorized under section 1718(c) of title 38, United
States Code, to furnish such therapeutic employment support
services.
Compromise Agreement
Section 104 of the Compromise Agreement follows the House
language.
ENHANCED AGREEMENT AUTHORITY FOR PROVISION OF NURSING HOME CARE AND
ADULT DAY HEALTH CARE IN CONTRACT FACILITIES
Current Law
Section 1720 of title 38, United States Code, authorizes VA
to contract for the provision of nursing home care and adult
day health care for certain veterans and members of the Armed
Forces.
Senate Bill
Section 102 of S. 1156 would expand VA's authority to enter
into relationships based upon ``provider agreements'' with
Centers for Medicare and Medicaid Services (CMS)-certified,
small, community-based nursing homes and non-institutional
extended care providers, by permitting VA to use provider
agreements similar to those used by CMS.
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 105 of the Compromise Agreement generally follows
the Senate language.
FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF NONINSTITUTIONAL
EXTENDED-CARE SERVICES AND REQUIRED NURSING HOME CARE
Current Law
Section 1701(10)(A) of title 38, United States Code,
requires VA to provide noninstitutional extended care
services to enrolled veterans. In addition, section 1710A(c)
of title 38, United States Code, requires VA to provide
nursing home care to high-priority veterans in need of care.
Senate Bill
Section 101 of S. 1156 would extend the authorities for
noninstitutional extended care and required nursing home care
through December 31, 2008.
House Bill
Section 2 of H.R. 3260 would extend the authorities for the
noninstitutional extended care services and required nursing
home care to December 31, 2008. The report required under
section 101 of Public Law 106-117 would be extended until
January 1, 2008.
Compromise Agreement
Section 106 of the Compromise Agreement follows the House
language from subsection 2(a) and (b) of H.R. 3260.
EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON ASSISTED
LIVING FOR VETERANS
Current Law
Section 103(b) of Public Law 106-117 authorizes the
establishment of a pilot program in one VA geographic health
care region to provide assisted living services to veterans.
Senate Bill
Section 103 of S. 1156 would authorize the establishment of
one additional assisted living pilot program for three years
from the commencement of the provision of assisted living
services under the program.
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 107 of the Compromise Agreement follows the Senate
language.
IMPROVEMENT OF PROGRAM FOR PROVISION OF SPECIALIZED MENTAL HEALTH
SERVICES TO VETERANS
Current Law
Section 116(c) of Public Law 106-117 provides funding in
the amount of $15,000,000 for specialized mental health
services in fiscal years 2004, 2005 and 2006.
Senate Bill
Section 104 of S. 1156 would increase the funding
authorization for these specialized mental health services
from $15,000,000 to $25,000,000, and would specify allocation
of these funds outside the Veterans Equitable Resource
Allocation system.
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 108 of the Compromise Agreement follows the Senate
language.
TITLE II--CONSTRUCTION AND FACILITIES MATTERS
Subtitle A--Program Authorities
INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS
Current Law
Section 8104(a)(3) of title 38, United States Code, defines
a major medical facility project as a project for
construction, alteration, or acquisition of a medical
facility involving a total expenditure of more than
$4,000,000.
[[Page H12153]]
Senate Bill
Section 201 of S. 1156 would raise the threshold for major
medical facility projects from $4,000,000 to $9,000,000.
House Bill
Section 7 of H.R. 1720, as amended, would raise the
threshold for major medical facility projects from $4,000,000
to $6,000,000.
Compromise Agreement
Section 201 of the Compromise Agreement would raise the
threshold for major medical facility projects from $4,000,000
to $7,000,000.
ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY
Current Law
Section 8162 of title 38, United States Code, authorizes
the Secretary to enter into enhanced-use leases of Veterans
Health Administration (VHA) real property under the
jurisdiction of the Secretary.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 4 of H.R. 3260 would extend the jurisdiction of
this authority to the Veterans Benefits Administration (VBA)
and National Cemetery Administration (NCA), for properties of
these Administrations under the control of the Secretary.
Further, the bill would streamline the process and
notification requirements and allow proceeds from an
enhanced-use lease to be credited to accounts for use by VHA,
VBA or NCA as appropriate. The bill would allow individual VA
facilities to be reimbursed for the expenses incurred by the
development and execution of enhanced-use leases.
Compromise Agreement
Section 202 of the Compromise Agreement adopts the
provisions of the House bill which streamline the approval
process for enhanced use leases in VHA. The provisions
concerning the expansion of this authority to properties of
NCA and VBA have been omitted due to mandatory spending
concerns.
SIMPLIFICATION OF ANNUAL REPORT ON LONG-RANGE HEALTH PLANNING
Current Law
Section 8107 of title 38, United States Code, requires VA
to submit annually a report regarding the long-range health
planning of the Department. Included in that report is a
five-year strategic plan for the provision of health care
services to veterans, a plan for the coordination of care
among the geographic health care regions of the
Department, a profile of each such region, any planned
changes to the mission of any medical facility of the
Department, and a listing of the 20 VA major medical
facility projects with the highest priority.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 7(d) of H.R. 3260 would change the report date on
the Annual Report on Long-Range Health Planning to June 1 of
each year.
Compromise Agreement
Section 203 of the Compromise Agreement rescinds section
8107(b)(3) and (4) of title 38, United States Code, to
simplify the required report by removing the detailed
prescription of its content.
Subtitle B--Project Authorizations
AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS
Current Law
Section 8104(2) of title 38, United States Code, requires
Congressional authorization of any VA major medical facility
construction project.
Senate Bill
Section 211 of S. 1156 would authorize the following major
construction projects:
------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Lebanon, PA........................ New Long-Term Care $14,500,000
Facility.
Beckley, WV........................ New Long-Term Care 20,000,000
Facility.
------------------------------------------------------------------------
House Bill
Section 3 of H.R. 1720, as amended, would authorize the
following major construction projects:
------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Chicago, IL........................ New Inpatient Bed $98,500,000
Tower.
San Diego, CA...................... Seismic Corrections, 48,600,000
Building 1.
West Haven, CT..................... Renovate Inpatient 50,000,000
Wards & Consolidate
Research Facilities.
Columbus, OH....................... New Medical Facility. 90,000,000
Pensacola, FL...................... New VA-Navy Joint 45,000,000
Venture Outpatient
Clinic.
------------------------------------------------------------------------
Compromise Agreement
Section 211 of the Compromise Agreement authorizes the
major construction projects for Lebanon, Pennsylvania;
Beckley, West Virginia; Chicago, Illinois; San Diego,
California; West Haven, Connecticut; and Pensacola, Florida.
AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES
Current Law
Section 8104 of title 38, United States Code, requires
Congressional authorization of any VA medical facility lease
with an annual lease payment of more than $600,000.
Senate Bill
Section 212 of S. 1156 would authorize the following
leases:
------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Denver, CO......................... Relocate Health $4,080,000
Administration
Center.
Pensacola, FL...................... Relocate Outpatient 3,800,000
Clinic.
Boston, MA......................... Extend Outpatient 2,879,000
Clinic.
Charlotte, NC...................... Relocate Outpatient 2,626,000
Clinic.
------------------------------------------------------------------------
House Bill
Section 3 of H.R. 1720, as amended, would authorize the
following leases:
------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Charlotte, NC...................... Outpatient Clinic.... $3,000,000
Clark County, NV................... Multi-specialty 6,500,000
Outpatient Clinic.
Aurora, CO......................... Regional Federal 30,000,000
Medical Center.
------------------------------------------------------------------------
Compromise Agreement
Section 212 of the Compromise Agreement authorizes the
leases for Charlotte, North Carolina; and Boston,
Massachusetts.
The Compromise Agreement contains the provision of Section
211 of H.R. 1720, as amended, to authorize a major
construction project for Pensacola, Florida. It was
determined that no lease authority for the Pensacola site was
necessary. Further, the Compromise Agreement would not
authorize a lease supporting relocation and expansion of the
Health Administration Center (HAC) in Denver, Colorado. The
Committees believe the Department has not justified the
continuing expansion of activities at the HAC. The Committees
are concerned that this administrative function, originally
authorized to process reimbursement claims for the Civilian
Health and Medical Program for the VA (CHAMPVA), has inflated
its activities well beyond its original responsibilities. The
Committees urge VA to reconsider whether the long-term
obligation of leased space and the significant growth of
staff at the HAC, as opposed to other methods of
accomplishing these various tasks, are warranted.
The Compromise Agreement generally follows the Senate
language on the Regional Federal Medical Center lease at the
former Fitzsimons Army Medical Center in Aurora, Colorado,
pending a decision by the Secretaries of Veterans Affairs
and Defense on the nature of any joint venture undertaking
at the site. However, advance planning is authorized for
this project under section 213 of the Compromise
Agreement.
advance planning authorizations
Current Law
Section 8104(2) of title 38, United States Code, requires
Congressional authorization of all VA major medical facility
construction project.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 3 of H.R. 1720, as amended, would authorize major
construction projects in Columbus, Ohio; Denver (Aurora),
Colorado; and the lease of a Multi-specialty Outpatient
Clinic in Clark County (Las Vegas), Nevada.
Compromise Agreement
Section 213 of the Compromise Agreement authorizes advance
planning funds for fiscal year 2004 for purposes of
developing new medical facilities at the following locations:
------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Columbus, OH....................... Advance Planning..... $9,000,000
Las Vegas, NV...................... Advance Planning..... 25,000,000
Pittsburgh, PA..................... Advance Planning..... 9,000,000
Denver (Aurora), CO................ Advance Planning..... 26,000,000
East Central Florida............... Advance Planning..... 17,500,000
------------------------------------------------------------------------
The Committees concluded these projects, while warranted,
require further development. The Committees believe these
projects should be considered high priorities from VA's
ongoing review of future health care infrastructure needs,
the Capital Asset Realignment for Enhanced Services (CARES)
initiative.
Given VA's documented plan to pursue significant capital
investments and improvements in health care infrastructure
and the Committees' understanding that the Appropriations
Committees of the House and Senate are hesitant to provide
funds for new VA medical facility construction prior to the
completion of the CARES process, the Compromise agreement
authorizes $86,500,000 to allow for planning of projects at
these sites.
authorization of appropriations
Current Law
Section 8104(2) of title 38, United States Code, requires
Congressional authorization of appropriations for VA major
medical facility projects.
Senate Bill
Section 213 of S. 1156 would authorize $34,500,000 for
fiscal year 2004 for projects authorized and $4,984,000 for
the leases authorized by this bill.
House Bill
Section 3 of H.R. 1720, as amended, would authorize
$332,100,000 to be appropriated in fiscal year 2004 for the
projects authorized by this bill.
Compromise Agreement
Section 214 of the Compromise Agreement would authorize
$276,600,000 for fiscal year 2004 for the major construction
projects authorized in section 211 of the Compromise
Agreement. In addition, section 214 of the Compromise
Agreement authorizes the appropriation of $86,500,000 for
advanced planning projects identified in section 213 of the
Compromise Agreement.
[[Page H12154]]
Subtitle C--Capital Asset Realignment for Enhanced Services Initiative
authorization of major construction projects in connection with capital
asset realignment initiative
Current Law
Section 8104(2) of title 38, United States Code, requires
Congressional authorization of all VA major medical facility
projects.
Senate Bill
Section 402 of S. 1156 would authorize the Secretary to
carry out major construction projects outlined in the final
report on the CARES initiative. This authority would be
subject to a 60-day advance notification to Congress. The
Secretary would be required to submit a list containing each
major project in order of priority, based on the criteria
specified in the bill. The bill also would add a provision
authorizing multi-year contract authority for major
construction projects.
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 221 of the Compromise Agreement follows the Senate
language with modifications. The Compromise Agreement would
require a 45-day advance notification to Congress prior to
carrying out major medical facility construction projects
selected by the Secretary. The Secretary would be required to
submit a one-time report to Congress by February 1, 2004,
that lists each proposed major construction project in
order of priority. The Compromise Agreement establishes
these priorities as follows: (a) to replace or enhance a
facility necessitated by the loss, closure or other
divestment of a VA medical facility currently in
operation; (b) to remedy life-safety deficiencies,
including seismic, egress, and fire deficiencies; (c) to
provide health care services to an underserved population;
(d) to renovate or modernize facilities, including
providing barrier free design, improving building systems
and utilities, or enhancing clinical support services; (e)
to further an enhanced-use lease or sharing agreement; and
(f) to give the Secretary discretion to select other
projects of importance in providing care to veterans.
The authority to enter into any major medical facility
construction contracts for projects selected under the
authority of section 221 of the Compromise Agreement would
expire on September 30, 2006.
advance notification of capital asset realignment actions
Current Law
There is no comparable provision in current law.
Senate Bill
Section 401 of S. 1156 would require the Secretary to
provide Congress a 60-day advance notification of any actions
proposed by the Department under the CARES initiative.
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 222 of the Compromise Agreement follows the Senate
language with modifications. VA would be required to notify
Congress in writing of actions under the CARES initiative
that would result in medical facility closures, significant
staff realignments or medical facility consolidations. The
Compromise Agreement would prohibit such actions for 60 days
(or 30 days of continuous session of Congress) after such
notifications are made.
sense of congress and report on access to health care for veterans in
rural areas.
Current Law
There is no comparable provision in current law.
Compromise Agreement
Section 223 of the Compromise Agreement would express the
sense of Congress recognizing the difficulties in access to
VA health care faced by veterans residing in rural areas and
require VA to report to the Committees on Veterans' Affairs
with a plan of action to improve access to health care for
veterans residing in rural areas. A report of VA's plan to
improve access to health care for these veterans would be due
not later than 120 days after the date of enactment of this
Act.
Subtitle D--Plans for New Facilities
plans for hospital care facilities in specified areas
Current Law
There is no comparable provision in current law.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 6 of H.R. 1720, as amended, would require the
Secretary to develop plans for meeting the future hospital
care needs of veterans who reside in a number of counties of
southern New Jersey and far southern counties of Texas, with
a report to the Committees by January 31, 2004.
Compromise Agreement
Section 231 of the Compromise Agreement follows the House
language and would add a requirement for plans for the
Florida Panhandle and North Central Washington. The due date
of the report required would be adjusted in section 231 of
the Compromise Agreement to April 15, 2004.
study and report on feasibility of coordination of veterans health care
services in south carolina with new university medical center
Current Law
There is no comparable provision in current law.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 8 of H.R. 1720, as amended, would require the
Secretary to conduct a feasibility study in coordination with
the Medical University of South Carolina and in consultation
with the Secretary of Defense, to consider establishing a
joint health-care venture to deliver inpatient, outpatient
and/or long-term care to veterans, military personnel, and
other beneficiaries who reside in Charleston, South
Carolina, with a report to the Committees by March 31,
2004.
Compromise Agreement
Section 232 of the Compromise Agreement follows the House
language and adjusts the due date of the report to April 15,
2004.
Subtitle E--Designation of Facilities
DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, PRESCOTT,
ARIZONA, AS THE BOB STUMP DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER
Current Law
Section 531 of title 38, United States Code, requires a
Department facility, structure or real property to be named
after the geographic area in which the facility, structure or
real property is located, except as expressly provided by
law.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 8 of H.R. 3260 would name the VA Medical Center in
Prescott, Arizona, the ``Bob Stump Department of Veterans
Affairs Medical Center.''
Compromise Agreement
Section 241 of the Compromise Agreement follows the House
language.
DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FACILITY,
CHICAGO, ILLINOIS, AS THE JESSE BROWN DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER
Current Law
Section 531 of title 38, United States Code, requires a
Department facility, structure or real property to be named
after the geographic area in which the facility, structure or
real property is located, except as expressly provided by
law.
Senate Bill
Section 222 of S. 1156 contains a similar provision.
House Bill
Section 9 of H.R. 1720, as amended, would name the VA
Chicago Health Care System, West Side Division, the ``Jesse
Brown Department of Veterans Affairs Medical Center.''
Compromise Agreement
Section 242 of the Compromise Agreement contains this
provision.
DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, HOUSTON,
TEXAS, AS THE MICHAEL E. DEBAKEY DEPARTMENT OF VETERANS AFFAIRS MEDICAL
CENTER
Current Law
Section 531 of title 38, United States Code, requires a
Department facility, structure or real property to be named
after the geographic area in which the facility, structure or
real property is located, except as expressly provided by
law.
Senate Bill
Section 223 of S. 1156 would name the VA Medical Center
located in Houston, Texas, the ``Michael E. DeBakey
Department of Veterans Affairs Medical Center.''
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 243 of the Compromise Agreement follows the Senate
language.
DESIGNATION OF THE DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, SALT
LAKE CITY, UTAH, AS THE GEORGE E. WAHLEN DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER
Current Law
Section 531 of title 38, United States Code, requires a
Department facility, structure or real property to be named
after the geographic area in which the facility, structure or
real property is located, except as expressly provided by
law.
Senate Bill
S. 1815 would name the VA Medical Center located in Salt
Lake City, Utah, the ``George E. Wahlen Department of
Veterans Affairs Medical Center.''
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 244 of the Compromise Agreement follows the Senate
language.
DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC, NEW
LONDON, CONNECTICUT
Current Law
Section 531 of title 38, United States Code, requires a
Department facility, structure or
[[Page H12155]]
real property to be named after the geographic area in which
the facility, structure or real property is located, except
as expressly provided by law.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 10 of H.R. 1720, as amended, would name the
outpatient clinic located in New London, Connecticut, the
``John J. McGuirk Department of Veterans Affairs Outpatient
Clinic.''
Compromise Agreement
Section 245 of the Compromise Agreement follows the House
language.
DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS OUTPATIENT CLINIC,
HORSHAM, PENNSYLVANIA
Current Law
Section 531 of title 38, United States Code, requires a
Department facility, structure or real property to be named
after the geographic area in which the facility, structure or
real property is located, except as expressly provided by
law.
Senate Bill
Section 221 of S. 1156 would name the VA Outpatient Clinic
located in Horsham, Pennsylvania, the ``Victor J. Saracini
Department of Veterans Affairs Outpatient Clinic.''
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 246 of the Compromise Agreement follows the Senate
language.
TITLE III--PERSONNEL MATTERS
MODIFICATION OF CERTAIN AUTHORITIES ON APPOINTMENT AND PROMOTION OF
PERSONNEL IN THE VETERANS HEALTH ADMINISTRATION
Current Law
Section 7401 of title 38, United States Code, authorizes VA
to appoint medical care personnel, under title 5, United
States Code, or title 38, United States Code, depending on
the duties of such personnel.
Senate Bill
Section 301 of S. 1156 would modify title 38, United States
Code, to authorize the appointment of psychologists,
kinesiologists and social workers, under title 38 provisions
as opposed to title 5, United States Code, provisions.
House Bill
The House Bill contains no comparable provision.
Compromise Agreement
Section 301 of the Compromise Agreement follows the Senate
language with modifications. The Compromise Agreement
reflects two important policy goals: first, VA will be
permitted to hire clinical staff in a timely fashion through
use of the direct appointment authority provided in title 38,
United State Code; second, employee representatives will be
afforded an opportunity to participate in a dialogue and
process with VA management to determine the best system under
which to promote the clinicians appointed under this section.
The Committees believe that VA management and the promotion
policy for clinical staff can benefit from interactions with
employee representatives. The Committees would allow the
Secretary the discretion to develop a system for judging the
merits of an individual's advancement in VA, provided that
the Secretary reports to the Committees the actions taken
under this authority.
APPOINTMENT OF CHIROPRACTORS IN THE VETERANS HEALTH ADMINISTRATION
Current Law
Public Law 107-135 requires VA to establish a Veterans
Health Administration-wide program for chiropractic care.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 2 of H.R. 2357, as amended, would authorize VA
appointment of chiropractors under title 38, United States
Code. The House bill would establish the qualifications of
appointees, the period of appointments and promotions, set
grades and pay scales, provide temporary and part-time
appointments, authorize residencies and internships, extend
malpractice and negligence protection coverage, define
chiropractors as scarce medical specialists for contracting
purposes, authorize reimbursement of continuing professional
education expenses, and exempt chiropractors from collective
bargaining, consistent with the provisions in chapter 74 of
title 38, the United States Code. The bill would provide for
an effective date of 180 days from enactment.
Compromise Agreement
Section 302 of the Compromise Agreement follows the House
language with modifications that would redefine ``medical
care'' occupations as ``health care'' occupations and
eliminate provisions that would provide for residencies and
internships and reimbursement of continuing professional
education expenses.
ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE
WORKERS IN THE VETERANS HEALTH ADMINISTRATION
Current Law
Title 38, United States Code, specifies in sections 7453
and 7454 that nurses, physician assistants, and expanded-
function dental auxiliaries are entitled to additional pay
for working regular tours of duty of Saturdays. Under this
authority, respiratory therapists, physical therapists,
practical or vocational nurses, pharmacists and occupational
therapists are also entitled to additional pay for Saturday
tours, if the Secretary determines it is necessary in order
to hire and retain these health care professionals.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 4 of H.R. 2433, as amended, would amend section
7454(b) of title 38, United States Code, to authorize premium
pay for Saturday tours of duty for additional VHA health care
workers.
Compromise Agreement
Section 303 of the Compromise Agreement follows the House
language.
COVERAGE OF EMPLOYEES OF VETERANS' CANTEEN SERVICE UNDER ADDITIONAL
EMPLOYMENT LAWS
Current Law
Section 7802 of title 38, United States Code, authorizes
appointment of Veterans' Canteen Service (VCS) employees.
Senate Bill
Section 302 of S. 1156 contains a similar provision.
House Bill
Section 5 of H.R. 2433, as amended, would authorize hourly
workers of VCS to be qualified for competitive title 5,
United States Code, appointments in VA in recognition of
time-in service obtained in the VCS.
Compromise Agreement
Section 304 of the Compromise Agreement contains this
provision.
TITLE IV--OTHER MATTERS
OFFICE OF RESEARCH OVERSIGHT IN VETERANS HEALTH ADMINISTRATION
Current Law
There is no comparable provision in current law.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 11 of H.R. 1720, as amended, would add a new
section 7307 to title 38, United States Code, to establish an
Office of Research Oversight within the Veterans Health
Administration to monitor, review and investigate matters of
medical research compliance and assurance in VA, including
matters relating to the protection and safety of human
subjects, research animals and VA employees participating in
VA medical research programs. The bill would require an
annual report to the Committees on Veterans' Affairs of the
Senate and House of Representatives on the activities of the
Office of Research Oversight during the preceding calendar
year and require that the activities of the Office of
Research Oversight be funded from amounts appropriated for VA
medical care.
Further, under the bill, the General Accounting Office
(GAO) would be required to submit a report to Congress not
later than January 1, 2006, on the results of the
establishment of the Office of Research Oversight and any
recommendations for other legislative and administrative
actions. Finally, the Secretary would be required to submit a
report to Congress setting forth the Department's
implementation of the requirement to establish an Office of
Research Oversight, and related provisions, not later than
180 days after the date of enactment.
Compromise Agreement
Section 401 of the Compromise Agreement follows the House
language with modifications that would not include references
to animal welfare, research animals and laboratory animals.
Section 7307(c)(2)(A) of title 38, United States Code,
referencing peer review responsibilities would also not be
included in the Compromise Agreement, along with the required
reports from GAO and the Secretary.
ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH CORPORATIONS
Current Law
Sections 7361 through 7366 of title 38, United States Code,
establish the authority for VA's Nonprofit Research
Corporations. Section 7368 of title 38, United States Code,
provides that no such corporations may be established after
December 31, 2003.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 6 of H.R. 3260 would cover employees of Nonprofit
Research Corporations under the Federal Tort Claims Act and
would extend the authority to create new Nonprofit Research
Corporations through December 31, 2008.
Compromise Agreement
Section 402 of the Compromise Agreement follows the House
language.
DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING SUPPLY FUND PURCHASES
Current Law
Section 8121 of title 38, United States Code, establishes
authority for VA to use a revolving supply fund to operate
and maintain its supply system.
[[Page H12156]]
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 5 of H.R. 3260 would extend authority to the
Secretary of Defense to purchase medical equipment, services
and supplies through VA's revolving supply fund beginning in
fiscal year 2004. The Department of Defense (DOD) would be
required to reimburse VA's revolving supply fund using DOD
appropriations.
Compromise Agreement
Section 403 of the Compromise Agreement follows the House
language.
FIVE-YEAR EXTENSION OF HOUSING ASSISTANCE FOR HOMELESS VETERANS
Current Law
Section 2041(c) of title 38, United States Code, authorizes
the Secretary to enter into housing assistance agreements for
homeless veterans until December 31, 2003.
Senate Bill
Section 411 of S. 1156 would extend the authority of the
Secretary to enter into housing assistance agreements through
December 31, 2006.
House Bill
Section 6 of H.R. 3387 would extend the authority of the
Secretary to enter into housing assistance agreements until
December 31, 2008.
Compromise Agreement
Section 404 of the Compromise Agreement follows the House
language.
REPORT DATE CHANGES
Current Law
Title 38, United States Code, requires:
(a) in section 516(e)(1)(A), a quarterly report summarizing
the employment discrimination complaints filed against senior
managers; the report is due no later than 30 days after the
end of each quarter;
(b) in section 2065(a), an annual report on assistance to
homeless veterans; the report is due no later than April 15
each year;
(c) in section 7321(d)(2), an annual report of the
Committee on Care of Severely Chronically Mentally Ill
Veterans; the report is due no later than February 1 each
year through 2004;
(d) in section 8107, an annual report on long-range health
planning; due June 1 of each year;
(e) in section 8153(g), an annual report on sharing of
health care resources; the report is due no later than 60
days after the end of each fiscal year;
(f) in section 1712A note and enacted in section 110(e)(2)
of Public Law 106-117, an annual report of the Special
Committee on PTSD; the report is due February 1 of each of
the three following years.
Senate Bill
The Senate Bill contains no comparable provision.
House Bill
Section 7 of H.R. 3260, subsection (a) would extend the
Senior Managers Quarterly Report from 30 days to 45 days
following each quarter; subsection (b) would change the
report due date from April 15 to June 15 of each year for the
annual report on Assistance to Homeless Veterans; subsection
(c) would change the report due date from February 1 to June
1 of each year for the annual report of the Committee on Care
of Severely Chronically Mentally Ill Veterans through 2004;
subsection (d) would change the report date on the Annual
Reports on Long-Range Health Planning to June 1 of each year;
subsection (e) would change the report due dates on the
Annual Report on Sharing of Health Care Resources to February
1 of each year; and subsection (f) would change the report
due date on the Annual Report of the Special Committee on
PTSD to May 1 of each year through 2004.
Section 7(a) of H.R. 3387 would extend the annual reporting
requirement for the Committee on Care of Severely Chronically
Mentally Ill Veterans in Section 7321(d)(2) to February 1,
2009. Section 7(b) of H.R. 3387 would extend the annual
report of the Special Committee on PTSD to February 1, 2009.
Compromise Agreement
Section 405 of the Compromise Agreement follows the House
language on the provisions in subsections (a), (b), and (e)
of the House bill and would extend the reports in subsections
(c) and (f) of the House bill through 2008. Section 405 of
the Compromise Agreement would simplify the reporting
requirements in subsection (d) of the House bill without
altering the report due date.
LEGISLATIVE PROVISIONS NOT ADOPTED
DEMOLITION OF OBSOLETE, DILAPATED, AND HAZARDOUS STRUCTURES ON
DEPARTMENT OF VETERANS AFFAIRS PROPERTY
Current Law
There is no similar provision in current law.
Senate Bill
Section 202 of S. 1156 would add section 8171 to title 38,
United States Code, to authorize the demolition of obsolete,
dilapidated, and hazardous structures; would establish a
specific fund in the Treasury designated as the Department of
Veterans Affairs Facilities Demolition Fund; and would
authorize an appropriation of $25,000,000 for fiscal year
2004 for this Demolition Fund.
House Bill
The House Bill contains no comparable provision.
SUPPLEMENTARY MATTERS
SAN JUAN, PUERTO RICO VA MEDICAL CENTER
In 1999, Congress provided $50,000,000 to the VA Medical
Center in San Juan, Puerto Rico, to assist that facility in
correcting numerous structural safety issues. Since then, VA
has spent $4,000,000 of those funds on the design and
planning of a bed tower that will alleviate the strain on the
older bed tower currently in use. The remaining $46,000,000
will be used for the tower's construction, with a projected
Spring 2004 groundbreaking. The Committees understand that
the Secretary has pledged at least an additional $25,000,000
to enhance this project and minimize any reduction of total
beds at this facility. Even with the completion of this
construction, the Committees are advised that additional
seismic and utility upgrades are needed at the San Juan VA.
The Committees encourage the Secretary to honor this pledge
and continue the practice of providing high quality services
to the veterans of Puerto Rico.
Mr. ACEVEDO-VILA. Mr. Speaker, I rise today to urge my colleagues to
vote in favor of S. 1156--Department of Veterans Affairs Long-Term
Personnel Authorities Act of 2003. This bill represents a step in the
right direction for many of our veteran communities.
In the interest of my constituents, this bill and the language
contained within brings to the forefront the problems at the San Juan
VA Medical Center and opens opportunities to provide immediate relief
for the Veterans in Puerto Rico to receive the care they need and
deserve.
Through the actions of these two committees, the Democrats and
Republicans alike, they have sent a clear message of appreciation to
the over 140,000 Puerto Rican veterans for their service in defense of
our shared values. Puerto Ricans have served proudly in every armed
conflict since the First World War. The language in this bill
acknowledges the value of their service.
Currently, there are over 5,000 Puerto Rican men and women who are
serving in the armed forces in Iraq, Afghanistan, Guantanamo and many
other regions throughout the world. The language in this bill sends the
right message to these young men and women that when they serve their
Nation well, the United States Congress will serve them well.
I congratulate my colleagues on a job well done. Through long hours
of deliberation and patient listening and understanding, both chambers
of this Congress have come to what I believe is an impressive piece of
bipartisan work. Now, it is my hope that the Secretary will move
swiftly to reprogram the necessary funds to build a new bed tower at
the San Juan VA Medical Center. Without the additional dollars
mentioned in this bill, the San Juan VA Medical Center would have been
forced to provide services with a bed loss of 120. This would have put
additional burdens on a facility, which the C.A.R.E.S. Committee has
deemed to be spatially deficient. The Committees understood this and
worked to include language to encourage the Secretary to move forward.
The construction of the new bed tower will allow the San Juan VA
Medical Center to provide safer and more modern services for the
immediate future to the veterans and the service people returning from
Iraq and Afghanistan.
I would like to personally thank Chairman Smith, the Ranking Member,
Mr. Filner, Ms. Corrine Brown and the other members of the committee
for working with me on these vital projects. The report language is
more than a listing of projects--it is sending the right message to the
140,000 veterans in Puerto Rico; it sends the right message to the
5,000 Puerto Ricans who have been called to active service in Iraq, and
it certainly sends the right message to the families of the 13 Puerto
Ricans who have sacrificed their lives this year in service of the
United States against the war on terror.
I look forward to continually working with my colleagues in both
chambers to provide for the veterans in Puerto Rico. Again, I thank my
colleagues for working so diligently on these first steps to improve
healthcare for our veterans and urge my colleagues to vote ``yes'' to
approve this bill.
Mr. MATHESON. Mr. Speaker, as a strong supporter of the military, I
am pleased to support this legislation, which enhances veterans health
care.
I am especially pleased that this bill also honors George E. Wahlen,
Utah's only living Medal of Honor winner. George Wahlen is a dedicated
American and Utah is proud to pay tribute to his service by renaming
the Salt Lake Veterans Affairs Medical Center in his honor.
George Wahlen's twenty-year service to this nation as a soldier was
not his only contribution. Even now, he continues to serve as an
advocate for both active troops and veterans. I am proud to honor this
patriot, just as I am proud of all Americans who serve their country.
[[Page H12157]]
Mr. SMITH of New Jersey. Mr. Speaker, I yield back the balance of my
time.
The SPEAKER pro tempore (Mr. Burgess). The question is on the motion
offered by the gentleman from New Jersey (Mr. Smith) that the House
suspend the rules and pass the Senate bill, S. 1156.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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