[108th Congress Public Law 170]
[From the U.S. Government Printing Office]


[DOCID: f:publ170.108]

[[Page 2041]]

  VETERANS HEALTH CARE, CAPITAL ASSET, AND BUSINESS IMPROVEMENT ACT OF 
                                  2003

[[Page 117 STAT. 2042]]

Public Law 108-170
108th Congress

                                 An Act


 
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.
                <<NOTE: Dec. 6, 2003 -  [S. 1156]>>

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Veterans Health Care, 
Capital Asset, and Business Improvement Act of 2003.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 38 USC 101 note.>> 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.
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.

[[Page 117 STAT. 2043]]

                  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''.

[[Page 117 STAT. 2044]]

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)--
                    (A) by striking out ``paragraph (1)(C) or (1)(D)'' 
                and inserting ``subparagraph (C), (D), or (E) of 
                paragraph (1)''; and
                    (B) 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) <<NOTE: Applicability.>> 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)''.

[[Page 117 STAT. 2045]]

    (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,''.

[[Page 117 STAT. 2046]]

    (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
            (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) <<NOTE: Termination date.>> 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

[[Page 117 STAT. 2047]]

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

[[Page 117 STAT. 2048]]

                    (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.

[[Page 117 STAT. 2049]]

            (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.

[[Page 117 STAT. 2050]]

 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 
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 <<NOTE: Deadline.>> 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

[[Page 117 STAT. 2051]]

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 <<NOTE: Deadline.>> 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.

[[Page 117 STAT. 2052]]

    (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) <<NOTE: Florida. Alabama.>> 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) <<NOTE: Contracts.>> enter into contracts with existing 
        Federal facilities, private facilities, and private providers 
        for that care.

    (f) Report.--The <<NOTE: Deadline.>> 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

[[Page 117 STAT. 2053]]

        (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 <<NOTE: Deadline.>> 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, 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

[[Page 117 STAT. 2054]]

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.  <<NOTE: 25 USC 1680f and note.>> 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--

[[Page 117 STAT. 2055]]

            (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) <<NOTE: 38 USC 7401 note.>> 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) <<NOTE: Deadline.>> 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.

[[Page 117 STAT. 2056]]

    ``(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) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Procedures.>> 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

[[Page 117 STAT. 2057]]

            ``(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.
    ``(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) <<NOTE: Reports.>> 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

[[Page 117 STAT. 2058]]

            (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 <<NOTE: 38 USC 7316 note.>> 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 <<NOTE: Effective date. 38 USC 7454 
note.>> 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

[[Page 117 STAT. 2059]]

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:

[[Page 117 STAT. 2060]]

``Sec. 7307. Office of Research Oversight

    ``(a) Requirement for Office.--(1) There <<NOTE: Establishment.>> 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.
    ``(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.

[[Page 117 STAT. 2061]]

    ``(3) The Director shall investigate allegations of research 
impropriety and misconduct in medical research projects of the 
Department.
    ``(4) <<NOTE: Reports.>> 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 <<NOTE: Deadline.>> 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--

[[Page 117 STAT. 2062]]

            ``(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 <<NOTE: Applicability. 38 USC 8121 
note.>> amendments made by subsection (a) shall apply only with respect 
to funds appropriated for a fiscal year after fiscal year 2003.

[[Page 117 STAT. 2063]]

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''.

    Approved December 6, 2003.

LEGISLATIVE HISTORY--S. 1156:
---------------------------------------------------------------------------

SENATE REPORTS: No. 108-193 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 149 (2003):
            Nov. 19, considered and passed Senate.
            Nov. 21, considered and passed House.

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