I 

108TH CONGRESS 

1ST SESSION H. R. 3260

To amend title 38, United States Code, to extend certain authorities for 

health care services and reporting dates and to augment certain health 

care business practices or programs administered by the Secretary of 

Veterans Affairs. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2003

Mr. SMITH of New Jersey (for himself and Mr. EVANS) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL

To amend title 38, United States Code, to extend certain 

authorities for health care services and reporting dates 

and to augment certain health care business practices 

or programs administered by the Secretary of Veterans 

Affairs.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Veterans’ Extended Health Care Services and Business 

6 Enhancements Act of 2003’’. 
2

•HR 3260 IH 

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

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Five-year extension of period for provision of noninstitutional extendedcare services and required nursing home care. 

Sec. 3. Improved benefits for former prisoners of war. 

Sec. 4. Enhancements to enhanced-use lease authority. 

Sec. 5. Department of Defense participation in revolving supply fund purchases. 

Sec. 6. Enhancement of authorities relating to nonprofit research corporations. 

Sec. 7. Report date changes. 

Sec. 8. Designation of Department of Veterans Affairs Medical Center, Prescott, Arizona, as the Bob Stump Department of Veterans Affairs Medical Center.

3 SEC. 2. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION 

4 OF NONINSTITUTIONAL EXTENDED-CARE 

5 SERVICES AND REQUIRED NURSING HOME 

6 CARE. 

7 (a) NONINSTITUTIONAL EXTENDED CARE SERV8 ICES.—Section 1701(10)(A) of title 38, United States 

9 Code, is amended by striking ‘‘the date of the enactment 

10 of the Veterans Millennium Health Care and Benefits Act 

11 and ending on December 31, 2003,’’ and inserting ‘‘No12 vember 30, 1999, and ending on December 31, 2008,’’. 

13 (b) REQUIRED NURSING HOME CARE.—Section 

14 1710A(c) of such title is amended by striking ‘‘December 

15 31, 2003’’ and inserting ‘‘December 31, 2008’’. 

16 (c) EXTENSION OF REPORT DATE.—Section 101(i) 

17 of the Veterans Millennium Health Care and Benefits Act 

18 (38 U.S.C. 1710A note) is amended by striking ‘‘January 

19 1, 2003,’’ and inserting ‘‘January 1, 2008,’’. 
3

•HR 3260 IH 

1 SEC. 3. IMPROVED BENEFITS FOR FORMER PRISONERS OF 

2 WAR. 

3 (a) OUTPATIENT DENTAL CARE FOR ALL FORMER

4 PRISONERS OF WAR.—Section 1712(a)(1)(F) of title 38, 

5 United States Code, is amended by striking ‘‘and who was 

6 detained or interned for a period of not less than 90 

7 days’’. 

8 (b) EXEMPTION FROM PHARMACY COPAYMENT RE9 QUIREMENT.—Section 1722A(a)(3) of such title is amend10 ed—

11 (1) by striking ‘‘or’’ at the end of subparagraph 

12 (A); 

13 (2) by redesignating subparagraph (B) as sub14 paragraph (C); and 

15 (3) by inserting after subparagraph (A) the fol16 lowing new subparagraph (B): 

17 ‘‘(B) to a veteran who is a former prisoner of 

18 war; or’’. 

19 SEC. 4. ENHANCEMENTS TO ENHANCED-USE LEASE AU20 THORITY. 

21 (a) INCREASED FLEXIBILITY UNDER ENHANCED22 USE LEASES.—Section 8162(a)(2)(B) of title 38, United 

23 States Code, is amended—

24 (1) by striking ‘‘proposed by the Under Sec25 retary for Health’’ and inserting ‘‘proposed by one 

26 of the Under Secretaries’’; and 
4

•HR 3260 IH 

1 (2) by striking ‘‘to the provision of medical care 

2 and services’’ and inserting ‘‘to the programs and 

3 activities of the Department’’. 

4 (b) NOTIFICATION OF PROPERTY TO BE LEASED.—

5 Section 8163 of such title is amended—

6 (1) in the first sentence of subsection (a)—

7 (A) by striking ‘‘designate a property to be 

8 leased under an enhanced-use lease’’ and insert9 ing ‘‘enter into an enhanced-use lease with re10 spect to certain property’’; and 

11 (B) by striking ‘‘before making the des12 ignation’’ and inserting ‘‘before entering into 

13 the lease’’; 

14 (2) in subsection (b), by striking ‘‘of the pro15 posed designation’’ and inserting ‘‘to the congres16 sional veterans’ affairs committees and to the public 

17 of the proposed lease’’; and 

18 (3) in subsection (c)—

19 (A) in paragraph (1)—

20 (i) by striking ‘‘designate the property 

21 involved’’ and inserting ‘‘enter into an en22 hanced-use lease of the property involved’’; 

23 and 
5

•HR 3260 IH 

1 (ii) by striking ‘‘to so designate the 

2 property’’ and inserting ‘‘to enter into such 

3 lease’’; 

4 (B) in paragraph (2), by striking ‘‘90-day 

5 period’’ and inserting ‘‘45-day period’’; 

6 (C) in paragraph (3)—

7 (i) by striking ‘‘general description’’ 

8 in subparagraph (D) and inserting ‘‘de9 scription of the provisions’’; and 

10 (ii) by adding at the end the following 

11 new subparagraph: 

12 ‘‘(G) A summary of a cost-benefit analysis of 

13 the proposed lease.’’; and 

14 (D) by striking paragraph (4). 

15 (c) DISPOSITION OF LEASED PROPERTY.—Section 

16 8164 of such title is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘by requesting the Admin19 istrator of General Services to dispose of the 

20 property pursuant to subsection (b)’’ in the 

21 first sentence; and 

22 (B) by striking the third sentence; 

23 (2) in subsection (b)—
6

•HR 3260 IH 

1 (A) by striking ‘‘Secretary and the Admin2 istrator of General Services jointly determine’’ 

3 and inserting ‘‘Secretary determines’’; and 

4 (B) by striking ‘‘Secretary and the Admin5 istrator consider’’ and inserting ‘‘Secretary con6 siders’’; and 

7 (3) in subsection (c), by striking ‘‘90 days’’ and 

8 inserting ‘‘45 days’’. 

9 (d) USE OF PROCEEDS.—Section 8165 of such title 

10 is amended—

11 (1) in subsection (a)—

12 (A) by inserting after ‘‘of this title’’ the 

13 following: ‘‘, except that any funds received by 

14 the Department under an enhanced-use lease in 

15 support of the Veterans Benefits Administra16 tion or the National Cemetery Administration 

17 and remaining after any deduction from such 

18 funds under subsection (b) shall be credited to 

19 applicable appropriations of that Administra20 tion’’; and 

21 (B) in paragraph (2), by striking ‘‘and re22 maining after’’ and all that follows through 

23 ‘‘nursing home revolving fund’’ and inserting 

24 ‘‘shall be deposited in applicable appropriations 

25 of the Administration of the Department that 
7

•HR 3260 IH 

1 had functional control of the leased property be2 fore the Secretary entered into the enhanced3 use lease’’; 

4 (2) in subsection (b), by adding at the end the 

5 following new sentence: ‘‘The Secretary may use the 

6 proceeds from any enhanced-use lease to reimburse 

7 applicable appropriations of the Department for any 

8 expenses incurred in the development of additional 

9 enhanced-use leases.’’; and 

10 (3) by striking subsection (c). 

11 (e) CLERICAL AMENDMENTS.—(1) The heading of 

12 section 8163 of such title is amended to read as follows: 

13 ‘‘§ 8163. Hearing and notice requirements regarding 

14 proposed leases’’. 

15 (2) The item relating to section 8163 in the table of 

16 sections at the beginning of chapter 81 of such title is 

17 amended to read as follows:

‘‘8163. Hearing and notice requirements regarding proposed leases.’’.

18 SEC. 5. DEPARTMENT OF DEFENSE PARTICIPATION IN RE19 VOLVING SUPPLY FUND PURCHASES. 

20 (a) ENHANCEMENT OF DEPARTMENT OF DEFENSE

21 PARTICIPATION.—Section 8121 of title 38, United States 

22 Code, is amended—

23 (1) by redesignating subsections (b) and (c) as 

24 subsections (d) and (e), respectively; 
8

•HR 3260 IH 

1 (2) by designating the last sentence of sub2 section (a) as subsection (c); and 

3 (3) by inserting after paragraph (3) of sub4 section (a) the following new subsection: 

5 ‘‘(b) The Secretary may authorize the Secretary of 

6 Defense to make purchases through the fund in the same 

7 manner as activities of the Department. When services, 

8 equipment, or supplies are furnished to the Secretary of 

9 Defense through the fund, the reimbursement required by 

10 paragraph (2) of subsection (a) shall be made from appro11 priations made to the Department of Defense, and when 

12 services or supplies are to be furnished to the Department 

13 of Defense, the fund may be credited, as provided in para14 graph (3) of subsection (a), with advances from appropria15 tions available to the Department of Defense.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall apply only with respect to funds ap18 propriated for a fiscal year after fiscal year 2003. 

19 SEC. 6. ENHANCEMENT OF AUTHORITIES RELATING TO 

20 NONPROFIT RESEARCH CORPORATIONS. 

21 (a) COVERAGE OF PERSONNEL UNDER TORT CLAIMS

22 LAWS.—(1) Subchapter IV of chapter 73 of title 38, 

23 United States Code, is amended by inserting after section 

24 7364 the following new section: 
9

•HR 3260 IH 

1 ‘‘§ 7364A. Coverage of employees under certain Fed2 eral tort claims 

3 ‘‘(a) An employee of a corporation established under 

4 this subchapter who is described by subsection (b) shall 

5 be considered an employee of the government, or a medical 

6 care employee of the Veterans Health Administration, for 

7 purposes of the following provisions of law: 

8 ‘‘(1) Section 1346(b) of title 28. 

9 ‘‘(2) Chapter 171 of title 28. 

10 ‘‘(3) Section 7316 of this title 

11 ‘‘(b) An employee described in this subsection is an 

12 employee who—

13 ‘‘(1) has an appointment with the Department, 

14 whether with or without compensation; 

15 ‘‘(2) is directly or indirectly involved or engaged 

16 in research or education and training that is ap17 proved in accordance with procedures established by 

18 the Under Secretary for Health for research or edu19 cation and training; and 

20 ‘‘(3) performs such duties under the supervision 

21 of Department personnel.’’. 

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

23 chapter is amended by inserting after the item relating 

24 to section 7364 the following new item:

‘‘7364A. Coverage of employees under certain Federal tort claims.’’.
10

•HR 3260 IH 

1 (b) CLARIFICATION OF EXECUTIVE DIRECTOR’S

2 ETHICS CERTIFICATION DUTIES.—Section 7366(c) of 

3 such title is amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

5 (2) by striking ‘‘any year—’’ and all that fol6 lows through ‘‘shall be subject’’ and inserting ‘‘any 

7 year shall be subject’’; 

8 (3) by striking ‘‘functions; and’’ and inserting 

9 ‘‘functions.’’; and 

10 (4) by striking paragraph (2) and inserting the 

11 following: 

12 ‘‘(2) Each corporation established under this sub13 chapter shall each year submit to the Secretary a state14 ment signed by the executive director of the corporation 

15 verifying that each director and employee has certified 

16 awareness of the laws and regulations referred to in para17 graph (1) and of the consequences of violations of those 

18 laws and regulations in the same manner as Federal em19 ployees are required to.’’. 

20 (c) FIVE-YEAR EXTENSION OF AUTHORITY TO ES21 TABLISH RESEARCH CORPORATIONS.—Section 7368 of 

22 such title is amended by striking ‘‘December 31, 2003’’ 

23 and inserting ‘‘December 31, 2008’’. 
11

•HR 3260 IH 

1 SEC. 7. REPORT DATE CHANGES. 

2 (a) SENIOR MANAGERS QUARTERLY REPORT.—Sec3 tion 516(e)(1)(A) of title 38, United States Code, is 

4 amended by striking ‘‘30 days’’ and inserting ‘‘45 days’’. 

5 (b) ANNUAL REPORT ON ASSISTANCE TO HOMELESS

6 VETERANS.—Section 2065(a) of such title is amended by 

7 striking ‘‘April 15 of each year’’ and inserting ‘‘June 15 

8 of each year’’. 

9 (c) ANNUAL REPORT OF COMMITTEE ON CARE OF

10 SEVERELY CHRONICALLY MENTALLY ILL VETERANS.—

11 Section 7321(d)(2) of such is amended by striking ‘‘Feb12 ruary 1, 1998, and February 1 of each of the six following 

13 years’’ and inserting ‘‘June 1 of each year through 2004’’. 

14 (d) ANNUAL REPORTS ON LONG-RANGE HEALTH

15 PLANNING.—Section 8107 of such title is amended—

16 (1) in subsection (a), by striking ‘‘each year’’ in 

17 the second sentence and all that follows through 

18 ‘‘title 31’’ and inserting ‘‘June 1 of each year’’; and 

19 (2) in subsection (c), by striking ‘‘January 31’’ 

20 and inserting ‘‘June 1’’. 

21 (e) ANNUAL REPORT ON SHARING OF HEALTH CARE

22 RESOURCES.—Section 8153(g) of such title is amended by 

23 striking ‘‘not more than 60 days after the end of each 

24 fiscal year’’ and inserting ‘‘not later than February 1 of 

25 each year’’. 
12

•HR 3260 IH 

1 (f) ANNUAL REPORT OF SPECIAL COMMITTEE ON

2 PTSD.—Section 110(e)(2) of the Veterans’ Health Care 

3 Act of 1984 (38 U.S.C. 1712A note) is amended by strik4 ing ‘‘February 1 of each of the three following years’’ and 

5 inserting ‘‘May 1 of each year through 2004’’. 

6 SEC. 8. DESIGNATION OF DEPARTMENT OF VETERANS AF7 FAIRS MEDICAL CENTER, PRESCOTT, ARI8 ZONA, AS THE BOB STUMP DEPARTMENT OF 

9 VETERANS AFFAIRS MEDICAL CENTER. 

10 The Department of Veterans Affairs Medical Center 

11 located in Prescott, Arizona, shall after the date of the 

12 enactment of this Act be known and designated as the 

13 ‘‘Bob Stump Department of Veterans Affairs Medical 

14 Center’’. Any reference to such medical center in any law, 

15 regulation, map, document, or other paper of the United 

16 States shall be considered to be a reference to the Bob 

17 Stump Department of Veterans Affairs Medical Center.

Æ