IIA 

108TH CONGRESS 

1ST SESSION H. R. 1720

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2003

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT

To authorize the Secretary of Veterans Affairs to carry out 

construction projects for the purpose of improving, renovating, establishing, and updating patient care facilities 

at Department of Veterans Affairs medical centers, to 

provide by law for the establishment and functions of 

the Office of Research Oversight in the Veterans Health 

Administration of the Department of Veterans Affairs, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Veterans Health Care Facilities Capital Improvement 

4 Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Authorization of major medical facility projects for patient care improvements. 

Sec. 3. Authorization of major medical facility projects and leases. 

Sec. 4. Authorization of major medical facility projects, former Fitzsimons 

Army Medical Center, Aurora, Colorado. 

Sec. 5. Limitation on disposal of Lakeside Division, Department of Veterans 

Affairs medical facilities, Chicago, Illinois. 

Sec. 6. Plans for facilities in southern New Jersey and far South Texas. 

Sec. 7. Increase in major medical facility construction cost threshold. 

Sec. 8. Study and report on feasibility of coordination of veterans health care 

services in South Carolina with new university medical center. 

Sec. 9. Name of Department of Veterans Affairs health care facility, Chicago, 

Illinois. 

Sec. 10. Name of Department of Veterans Affairs outpatient clinic, New London, Connecticut. 

Sec. 11. Office of Research Oversight in Veterans Health Administration.

7 SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY 

8 PROJECTS FOR PATIENT CARE IMPROVE9 MENTS. 

10 (a) IN GENERAL.—(1) Subject to paragraph (3), the 

11 Secretary of Veterans Affairs is authorized to carry out 

12 major medical facility projects in accordance with this sec13 tion, using funds appropriated for fiscal year 2004 or 

14 2005 pursuant to subsection (e). The cost of any such 

15 project may not exceed—

16 (A) $100,000,000 in fiscal year 2004; and 

17 (B) $125,000,000 in fiscal year 2005. 
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1 (2) Projects carried out under this section are not 

2 subject to section 8104(a)(2) of title 38, United States 

3 Code. 

4 (3) The Secretary may not award a contract by rea5 son of the authorization provided by paragraph (1) until 

6 after the Secretary has awarded a contract for each con7 struction project authorized by section 3(a) and a contract 

8 for each lease authorized by section 3(d). 

9 (b) TYPE OF PROJECTS.—A project carried out 

10 under subsection (a) may be carried out only at a Depart11 ment of Veterans Affairs medical center and only for the 

12 purpose of one or more of the following: 

13 (1) Improving a patient care facility. 

14 (2) Replacing a patient care facility. 

15 (3) Renovating a patient care facility. 

16 (4) Updating a patient care facility to contem17 porary standards. 

18 (5) Establishing a new patient care facility at 

19 a location where no Department patient care facility 

20 exists. 

21 (6) Improving, replacing, or renovating a re22 search facility or updating such a facility to contem23 porary standards. 

24 (c) PURPOSE OF PROJECTS.—In selecting medical 

25 centers for projects under subsection (a), the Secretary 
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1 shall select projects to improve, replace, renovate, update, 

2 or establish facilities to achieve one or more of the fol3 lowing: 

4 (1) Seismic protection improvements related to 

5 patient safety (or, in the case of a research facility, 

6 patient or employee safety). 

7 (2) Fire safety improvements. 

8 (3) Improvements to utility systems and ancil9 lary patient care facilities (including such systems 

10 and facilities that may be exclusively associated with 

11 research facilities). 

12 (4) Improved accommodation for persons with 

13 disabilities, including barrier-free access. 

14 (5) Improvements at patient care facilities to 

15 specialized programs of the Department, including 

16 the following: 

17 (A) Blind rehabilitation centers. 

18 (B) Inpatient and residential programs for 

19 seriously mentally ill veterans, including mental 

20 illness research, education, and clinical centers. 

21 (C) Residential and rehabilitation pro22 grams for veterans with substance-use dis23 orders. 

24 (D) Physical medicine and rehabilitation 

25 activities. 
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1 (E) Long-term care, including geriatric re2 search, education, and clinical centers, adult 

3 day care centers, and nursing home care facili4 ties. 

5 (F) Amputation care, including facilities 

6 for prosthetics, orthotics programs, and sensory 

7 aids. 

8 (G) Spinal cord injury centers. 

9 (H) Traumatic brain injury programs. 

10 (I) Women veterans’ health programs (in11 cluding particularly programs involving privacy 

12 and accommodation for female patients). 

13 (J) Facilities for hospice and palliative 

14 care programs. 

15 (d) REVIEW PROCESS.—(1) The Secretary shall pro16 vide that, before a project is submitted to the Secretary 

17 with a recommendation that it be approved as a project 

18 to be carried out under the authority of this section, the 

19 project shall be reviewed by a board within the Depart20 ment of Veterans Affairs that is independent of the Vet21 erans Health Administration and that is constituted by 

22 the Secretary to evaluate capital investment projects. The 

23 board shall review such project to determine the project’s 

24 relevance to the medical care mission of the Department 

25 and whether the project improves, renovates, repairs, es-
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1 tablishes, or updates facilities of the Department in ac2 cordance with this section. 

3 (2) In selecting projects to be carried out under the 

4 authority provided by this section, the Secretary shall con5 sider the recommendations of the board under paragraph 

6 (1). In any case in which the Secretary approves a project 

7 to be carried out under this section that was not rec8 ommended for such approval by the board under para9 graph (1), the Secretary shall include in the report of the 

10 Secretary under subsection (g)(2) notice of such approval 

11 and the Secretary’s reasons for not following the rec12 ommendation of the board with respect to that project. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary of Vet15 erans Affairs for the Construction, Major Projects, ac16 count for projects under this section—

17 (1) $167,900,000 for fiscal year 2004; and 

18 (2) $600,000,000 for fiscal year 2005. 

19 (f) LIMITATION.—Projects may be carried out under 

20 this section only using funds appropriated pursuant to the 

21 authorization of appropriations in subsection (e), except 

22 that funds appropriated for advance planning may be used 

23 for the purposes for which appropriated in connection with 

24 such projects. 
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1 (g) REPORTS.—(1) Not later than April 1, 2005, the 

2 Comptroller General shall submit to the Committees on 

3 Veterans’ Affairs and on Appropriations of the Senate and 

4 House of Representatives a report evaluating the advan5 tages and disadvantages of congressional authorization for 

6 projects of the type described in subsection (b) through 

7 general authorization as provided by subsection (a), rather 

8 than through specific authorization as would otherwise be 

9 applicable under section 8104(a)(2) of title 38, United 

10 States Code. Such report shall include a description of the 

11 actions of the Secretary of Veterans Affairs during fiscal 

12 year 2004 to select and carry out projects under this sec13 tion. 

14 (2) Not later than 120 days after the date on which 

15 the site for the final project under this section for each 

16 such fiscal year is selected, the Secretary shall submit to 

17 the committees referred to in paragraph (1) a report on 

18 the authorization process under this section. The Sec19 retary shall include in each such report the following: 

20 (A) A listing by project of each such project se21 lected by the Secretary under that section, together 

22 with a prospectus description of the purposes of the 

23 project, the estimated cost of the project, and a 

24 statement attesting to the review of the project 

25 under subsection (c), and, if that project was not 
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1 recommended by the board, the Secretary’s justifica2 tion under subsection (d) for not following the rec3 ommendation of the board. 

4 (B) An assessment of the utility to the Depart5 ment of Veterans Affairs of that authorization proc6 ess. 

7 (C) Such recommendations as the Secretary 

8 considers appropriate for future congressional policy 

9 for authorizations of major and minor medical facil10 ity construction projects for the Department of Vet11 erans Affairs. 

12 (D) Any other matter that the Secretary con13 siders to be appropriate with respect to oversight by 

14 Congress of capital facilities projects of the Depart15 ment of Veterans Affairs. 

16 SEC. 3. AUTHORIZATION OF MAJOR MEDICAL FACILITY 

17 PROJECTS AND LEASES. 

18 (a) PROJECT AUTHORIZATIONS.—The Secretary of 

19 Veterans Affairs may carry out the following major med20 ical facility projects, with each project to be carried out 

21 in the amount specified for that project: 

22 (1) Construction of a new bed tower to consoli23 date two inpatient sites of care in inner city Chicago 

24 at the West Side Division of the Department of Vet-
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1 erans Affairs health care system in Chicago, Illinois, 

2 in an amount not to exceed $98,500,000. 

3 (2) Seismic corrections to strengthen Medical 

4 Center Building 1 of the Department of Veterans 

5 Affairs health care system in San Diego, California, 

6 in an amount not to exceed $48,600,000. 

7 (3) A project for (A) renovation of all inpatient 

8 care wards at the West Haven, Connecticut, facility 

9 of the Department of Veterans Affairs health system 

10 in Connecticut to improve the environment of care 

11 and enhance safety, privacy, and accessibility, and 

12 (B) establishment of a consolidated medical research 

13 facility at that facility, in an amount not to exceed 

14 $50,000,000. 

15 (4) Construction of a medical facility on avail16 able Federal land at the Defense Supply Center, Co17 lumbus, Ohio, in an amount not to exceed 

18 $90,000,000. 

19 (5) Construction of a Department of Veterans 

20 Affairs-Department of Navy joint venture, com21 prehensive outpatient medical care facility to be built 

22 on the grounds of the Pensacola Naval Air Station, 

23 Pensacola, Florida, in an amount not to exceed 

24 $45,000,000. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary of Veterans 

3 Affairs for fiscal year 2004 for the Construction, Major 

4 Projects, account $332,100,000 for the projects author5 ized in subsection (a). 

6 (c) LIMITATION.—The projects authorized in sub7 section (a) may only be carried out using—

8 (1) funds appropriated for fiscal year 2004 pur9 suant to the authorization of appropriations in sub10 section (b); 

11 (2) funds appropriated for Construction, Major 

12 Projects, for a fiscal year before fiscal year 2004 

13 that remain available for obligation; and 

14 (3) funds appropriated for Construction, Major 

15 Projects, for fiscal year 2004 for a category of activ16 ity not specific to a project. 

17 (d) AUTHORIZATION OF MAJOR MEDICAL FACILITY

18 LEASES.—The Secretary of Veterans Affairs may enter 

19 into leases as follows: 

20 (1) For an outpatient clinic in Charlotte, North 

21 Carolina, in an amount not to exceed $3,000,000. 

22 (2) For facilities for a multi-specialty out23 patient clinic for the Veterans Health Administra24 tion and a satellite office for the Veterans Benefits 
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1 Administration in Clark County, Nevada, at an an2 nual lease amount not to exceed $6,500,000. 

3 (3) For facilities authorized in section 4 at the 

4 site of the former Fitzsimons Army Medical Center, 

5 Aurora, Colorado, in an amount not to exceed 

6 $30,000,000. 

7 SEC. 4. AUTHORIZATION OF MAJOR MEDICAL FACILITY 

8 PROJECTS, FORMER FITZSIMONS ARMY MED9 ICAL CENTER, AURORA, COLORADO. 

10 (a) AUTHORIZATION.—The Secretary of Veterans Af11 fairs may carry out major medical facility projects under 

12 section 8104 of title 38, United States Code, at the site 

13 of the former Fitzsimons Army Medical Center, Aurora, 

14 Colorado. Projects to be carried out at such site shall be 

15 selected by the Secretary and may include inpatient and 

16 outpatient facilities providing acute, sub-acute, primary, 

17 and long-term care services. The cost of projects under 

18 this section shall be limited to—

19 (1) an amount not to exceed a total of 

20 $300,000,000 if either direct construction or a com21 bination of direct construction and leasing is selected 

22 by the Secretary under subsection (b); and 

23 (2) no more than $30,000,000 per year in leas24 ing costs if a leasing option is selected by the Sec25 retary as the sole option under subsection (b). 
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1 (b) SELECTION OF OPTION.—The Secretary of Vet2 erans shall select the option to carry out the authority pro3 vided in subsection (a) of either—

4 (1) direct construction by the Department of 

5 Veterans Affairs or a combination of direct construc6 tion and leasing; or 

7 (2) leasing alone. 

8 (c) CONSULTATION WITH SECRETARY OF DE9 FENSE.—The Secretary of Veterans Affairs shall consult 

10 with the Secretary of Defense in carrying out this section. 

11 Such consultation shall include consideration of estab12 lishing a Department of Veterans Affairs-Department of 

13 Defense joint health-care venture at the site of the project 

14 or projects under subsection (a). 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to the Secretary of Veterans 

17 Affairs for fiscal years 2004, 2005, and 2006 for ‘‘Con18 struction, Major Projects’’ for the purposes authorized in 

19 subsection (a). 

20 (e) LIMITATION.—The projects authorized in sub21 section (a) may only be carried out using—

22 (1) funds appropriated for fiscal year 2004, 

23 2005, or 2006 pursuant to the authorization of ap24 propriations in subsection (a); 
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1 (2) funds appropriated for Construction, Major 

2 Projects, for a fiscal year before fiscal year 2004 

3 that remain available for obligation; and 

4 (3) funds appropriated for Construction, Major 

5 Projects, for fiscal year 2004, 2005, or 2006 for a 

6 category of activity not specific to a project. 

7 (f) REPORT TO CONGRESSIONAL COMMITTEES.—

8 After complying with applicable provisions of the National 

9 Environmental Policy Act of 1969, but not later than one 

10 year after the date of the enactment of this Act, the Sec11 retary shall submit to the Committees on Appropriations 

12 and the Committees on Veterans’ Affairs of the Senate 

13 and House of Representatives a report on this section. The 

14 report shall include the following: 

15 (1) Notice of the option selected by the Sec16 retary pursuant to subsection (b) to carry out the 

17 authority provided by subsection (a). 

18 (2) Information on any further planning re19 quired to carry out the authority provided in sub20 section (a). 

21 (3) Other information of assistance to the com22 mittees with respect to such authority. 
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1 SEC. 5. LIMITATION ON DISPOSAL OF LAKESIDE DIVISION, 

2 DEPARTMENT OF VETERANS AFFAIRS MED3 ICAL FACILITIES, CHICAGO, ILLINOIS. 

4 (a) LIMITATION.—The Secretary of Veterans Affairs 

5 may not make a final disposal under section 8162 of title 

6 38, United States Code, of the Lakeside Division facility 

7 of the Department of Veterans Affairs medical facilities 

8 in Chicago, Illinois, until the Secretary has entered into 

9 a contract for the construction project authorized by sec10 tion 3(a)(1). 

11 (b) DEFINITION.—For purposes of this section, the 

12 term ‘‘disposal’’, with respect to the Lakeside Division fa13 cility, includes entering into a long-term lease or sharing 

14 agreement under which a party other than the Secretary 

15 has operational control of the facility.

16 SEC. 6. PLANS FOR FACILITIES IN SOUTHERN NEW JERSEY 

17 AND FAR SOUTH TEXAS. 

18 (a) PLAN.—(1) The Secretary of Veterans Affairs 

19 shall develop—

20 (A) a plan to establish an inpatient facility to 

21 meet hospital care needs of veterans who reside in 

22 southern New Jersey; and 

23 (B) a plan for hospital care needs of veterans 

24 who reside in far south Texas. 

25 (2) In developing the plans under paragraph (1), the 

26 Secretary shall, at a minimum, consider options using the 
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1 existing authorities of section 8111 and 8153 of title 38, 

2 United States Code—

3 (A) to establish a hospital staffed and managed 

4 by employees of the Department, either in private or 

5 public facilities, including Federal facilities; or 

6 (B) to enter into contracts with existing private 

7 facilities and private providers for that care. 

8 (b) REPORTS.—The Secretary shall submit to the 

9 Committees on Veterans’ Affairs of the Senate and House 

10 of Representatives a report on each plan under subsection 

11 (a) not later than January 31, 2004. 

12 (c) DEFINITIONS.—In this section: 

13 (1) The term ‘‘far south Texas’’ means the fol14 lowing counties of the State of Texas: Bee, Calhoun, 

15 Crockett, DeWitt, Dimmit, Goliad, Jackson, Vic16 toria, Webb, Aransas, Duval, Jim Wells, Kleberg, 

17 Nueces, Refugio, San Patricio, Brooks, Cameron, 

18 Hidalgo, Jim Hogg, Kenedy, Starr, Willacy, and Za19 pata. 

20 (2) The term ‘‘southern New Jersey’’ means 

21 the following counties of the State of New Jersey: 

22 Ocean, Burlington, Camden, Gloucester, Salem, 

23 Cumberland, Atlantic, and Cape May. 
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1 SEC. 7. INCREASE IN MAJOR MEDICAL FACILITY CON2 STRUCTION COST THRESHOLD. 

3 Section 8104(a)(3)(A) of title 38, United States 

4 Code, is amended by striking ‘‘$4,000,000’’ and inserting 

5 ‘‘$6,000,000’’. 

6 SEC. 8. STUDY AND REPORT ON FEASIBILITY OF COORDI7 NATION OF VETERANS HEALTH CARE SERV8 ICES IN SOUTH CAROLINA WITH NEW UNI9 VERSITY MEDICAL CENTER. 

10 (a) STUDY REQUIRED.—The Secretary of Veterans 

11 Affairs shall conduct a study to examine the feasibility of 

12 coordination by the Department of Veterans Affairs of its 

13 needs for inpatient hospital, medical care, and long-term 

14 care services for veterans with the pending construction 

15 of a new university medical center at the Medical Univer16 sity of South Carolina, Charleston, South Carolina. 

17 (b) MATTERS TO BE INCLUDED IN STUDY.—(1) As 

18 part of the study under subsection (a), the Secretary shall 

19 consider the following: 

20 (A) Integration with the Medical University of 

21 South Carolina of some or all of the services referred 

22 to in subsection (a) through contribution to the con23 struction of that university’s new medical facility or 

24 by becoming a tenant provider in that new facility. 

25 (B) Construction by the Department of Vet26 erans Affairs of a new independent inpatient or out-
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1 patient facility alongside or nearby the university’s 

2 new facility. 

3 (2) In carrying out paragraph (1), the Secretary shall 

4 consider the degree to which the Department of Veterans 

5 Affairs and the university medical center would be able 

6 to share expensive technologies and scarce specialty serv7 ices that would affect any such plans of the Secretary or 

8 the university. 

9 (3) In carrying out the study, the Secretary shall es10 pecially consider the applicability of the authorities under 

11 section 8153 of title 38, United States Code (relating to 

12 sharing of health care resources between the Department 

13 and community provider organizations) to govern future 

14 arrangements and relationship between the Department 

15 and the Medical University of South Carolina. 

16 (c) CONSULTATION WITH SECRETARY OF DE17 FENSE.—The Secretary of Veterans Affairs shall consult 

18 with the Secretary of Defense in carrying out the study 

19 under this section. Such consultation shall include consid20 eration of establishing a Department of Veterans Affairs21 Department of Defense joint health-care venture at the 

22 site referred to in subsection (a). 

23 (d) REPORT.—Not later than March 31, 2004, the 

24 Secretary shall submit to the Committees on Veterans’ Af25 fairs of the Senate and House of Representatives a report 
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1 on the results of the study. The report shall include the 

2 Secretary’s recommendations with respect to coordination 

3 described in subsection (a), including recommendations 

4 with respect to each of the matters referred to in sub5 section (b). 

6 SEC. 9. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

7 HEALTH CARE FACILITY, CHICAGO, ILLINOIS. 

8 The Department of Veterans Affairs health care facil9 ity located at 820 South Damen Avenue in Chicago, Illi10 nois, shall after the date of the enactment of this Act be 

11 known and designated as the ‘‘Jesse Brown Department 

12 of Veterans Affairs Medical Center’’. Any reference to 

13 such facility in any law, map, regulation, document, paper, 

14 or other record of the United States shall be considered 

15 to be a reference to the Jesse Brown Department of Vet16 erans Affairs Medical Center. 

17 SEC. 10. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

18 OUTPATIENT CLINIC, NEW LONDON, CON19 NECTICUT. 

20 The Department of Veterans Affairs outpatient clinic 

21 located in New London, Connecticut, shall after the date 

22 of the enactment of this Act be known and designated as 

23 the ‘‘John J. McGuirk Department of Veterans Affairs 

24 Outpatient Clinic’’. Any reference to such outpatient clinic 

25 in any law, regulation, map, document, record, or other 
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1 paper of the United States shall be considered to be a ref2 erence to the John J. McGuirk Department of Veterans 

3 Affairs Outpatient Clinic.

4 SEC. 11. OFFICE OF RESEARCH OVERSIGHT IN VETERANS 

5 HEALTH ADMINISTRATION. 

6 (a) STATUTORY CHARTER.—(1) Chapter 73 of title 

7 38, United States Code, is amended by inserting after sec8 tion 7306 the following new section: 

9 ‘‘§ 7307. Office of Research Oversight 

10 ‘‘(a) REQUIREMENT FOR OFFICE.—(1) There is in 

11 the Veterans Health Administration an Office of Research 

12 Oversight (hereinafter in this section referred to as the 

13 ‘Office’). The Office shall advise the Under Secretary for 

14 Health on matters of compliance and assurance in human 

15 subjects protections, animal welfare, research safety, and 

16 research impropriety and misconduct. The Office shall 

17 function independently of entities within the Veterans 

18 Health Administration with responsibility for the conduct 

19 of medical research programs. 

20 ‘‘(2) The Office shall—

21 ‘‘(A) monitor, review, and investigate matters of 

22 medical research compliance and assurance in the 

23 Department with respect to human subjects protec24 tions and animal welfare; and 
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1 ‘‘(B) monitor, review, and investigate matters 

2 relating to the protection and safety of human sub3 jects, research animals, and Department employees 

4 participating in medical research in Department pro5 grams.

6 ‘‘(b) DIRECTOR.—(1) The head of the Office shall be 

7 a Director, who shall report directly to the Under Sec8 retary for Health (without delegation). 

9 ‘‘(2) Any person appointed as Director shall be—

10 ‘‘(A) an established expert in the field of med11 ical research, administration of medical research 

12 programs, or similar fields; and 

13 ‘‘(B) qualified to carry out the duties of the Of14 fice based on demonstrated experience and expertise. 

15 ‘‘(c) FUNCTIONS.—(1) The Director shall report to 

16 the Under Secretary for Health on matters relating to pro17 tections of human subjects and laboratory animals under 

18 any applicable Federal law and regulation, the safety of 

19 employees involved in Department medical research pro20 grams, and suspected misconduct and impropriety in such 

21 programs. In carrying out the preceding sentence, the Di22 rector shall consult with employees of the Veterans Health 

23 Administration who are responsible for management and 

24 conduct of Department medical research programs. 
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1 ‘‘(2) The matters to be reported by the Director to 

2 the Under Secretary under paragraph (1) include the fol3 lowing: 

4 ‘‘(A) Lack of required integrity of content, va5 lidity of approach, and ethical conduct of employees 

6 in Department medical research programs. 

7 ‘‘(B) Allegations of research impropriety and 

8 misconduct by employees engaged in medical re9 search programs of the Department. 

10 ‘‘(3)(A) When the Director determines that such a 

11 recommendation is warranted, the Director may rec12 ommend to the Under Secretary that a Department re13 search activity be terminated, suspended, or restricted, in 

14 whole or in part. 

15 ‘‘(B) In a case in which the Director reasonably be16 lieves that activities of a medical research project of the 

17 Department place human subjects’ lives or health at immi18 nent risk, the Director shall direct that activities under 

19 that project be immediately suspended or, as appropriate 

20 and specified by the Director, be limited.

21 ‘‘(d) GENERAL FUNCTIONS.—(1) The Director shall 

22 conduct periodic inspections and reviews, as the Director 

23 determines appropriate, of medical research programs of 

24 the Department. Such inspections and reviews shall in25 clude review of required documented assurances. 
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1 ‘‘(2) The Director shall observe external accreditation 

2 activities conducted for accreditation of medical research 

3 programs conducted in facilities of the Department. 

4 ‘‘(3) The Director shall investigate allegations of re5 search impropriety and misconduct in medical research 

6 projects of the Department. 

7 ‘‘(4) The Director shall submit to the Under Sec8 retary for Health, the Secretary, and the Committees on 

9 Veterans’ Affairs of the Senate and House of Representa10 tives a report on any suspected lapse, from whatever cause 

11 or causes, in protecting safety of human subjects and oth12 ers, including employees, in medical research programs. 

13 ‘‘(5) The Director shall carry out such other duties 

14 as the Under Secretary for Health may require. 

15 ‘‘(e) SOURCE OF FUNDS.—Amounts for the activities 

16 of the Office, including its regional offices, shall be derived 

17 from amounts appropriated for the Veterans Health Ad18 ministration for Medical Care. 

19 ‘‘(f) ANNUAL REPORT.—Not later than March 15 

20 each year, the Director of the Office shall submit to the 

21 Committees on Veterans’ Affairs of the Senate and House 

22 of Representatives a report on the activities of the Office 

23 during the preceding calendar year. Each such report shall 

24 include, with respect to that year, the following: 
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1 ‘‘(1) A summary of reviews of individual med2 ical research programs of the Department completed 

3 by the Office. 

4 ‘‘(2) Directives and other communications 

5 issued by the Office to field activities of the Depart6 ment. 

7 ‘‘(3) Results of any investigations undertaken 

8 by the Office during the reporting period consonant 

9 with the purposes of this section. 

10 ‘‘(4) Other information that would be of inter11 est to those committees in oversight of the Depart12 ment medical research program. 

13 ‘‘(g) MEDICAL RESEARCH.—For purposes of this sec14 tion, the term ‘medical research’ has the meaning given 

15 such term in section 7303(a)(2) of this title.’’. 

16 (2) The table of sections at the beginning of such 

17 chapter is amended by inserting after the item relating 

18 to section 7306 the following new item:

‘‘7307. Office of Research Oversight.’’.

19 (b) CONFORMING AMENDMENT.—Section 7303 of 

20 title 38, United States Code, is amended by striking sub21 section (e). 

22 (c) COMPTROLLER GENERAL REPORT.—(1) The 

23 Comptroller General shall conduct a study to assess—

24 (A) the effects of the establishment by law of 

25 the Office of Research Oversight in section 7307 of 
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1 title 38, United States Code, as added by subsection 

2 (a); 

3 (B) the effects of the specification by law of the 

4 functions of that Office; and 

5 (C) improvements in the conduct of ethical 

6 medical research in the Veterans Health Administra7 tion. 

8 (2) Not later than January 1, 2006, the Comptroller 

9 General shall submit to the Committees on Veterans’ Af10 fairs of the House and Senate a report on the study con11 ducted under paragraph (1). The Comptroller General 

12 shall include in the report such recommendations for legis13 lation and administrative action as the Comptroller Gen14 eral considers appropriate. 

15 (d) REPORT BY SECRETARY OF VETERANS AF16 FAIRS.—Not later than 180 days after the date of the en17 actment of this Act, the Secretary of Veterans Affairs 

18 shall submit to the Committees on Veterans Affairs’ of 

19 the Senate and House of Representatives a report setting 

20 forth the results of the implementation of section 7307 

21 of title 38, United States Code, as added by subsection 

22 (a).

Passed the House of Representatives October 29, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk.