    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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, [NOTE: Dec. 6, 2003 -  [S. 1156]] to enhance and improve
    authorities relating to the administration of personnel of the
    Department of Veterans Affairs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress [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 2043]]
    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 2044]]
    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 2045]]
    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 2046]]
    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 2047]]
    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 2048]]
    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 2049]]
    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 2050]]
    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 2051]]
    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 2052]]
    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 2053]]
    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 2054]]
    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 2055]]
    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 2056]]
    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 2057]]
    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 2058]]
    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 2059]]
    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 2060]]
    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 2061]]
    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 2062]]
    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 2063]]
    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.