(2) Projects carried out under this section are not
subject to section 8104(a)(2) of title 38, United States
Code.
(3) The Secretary may not award a contract by rea-
son of the authorization provided by paragraph (1) until
after the Secretary has awarded a contract for each con-
struction project authorized by section 3(a) and a contract
for each lease authorized by section 3(d).
(b) TYPE
OF PROJECTS.—A project carried out
under subsection (a) may be carried out only at a Depart-
ment of Veterans Affairs medical center and only for the
purpose of one or more of the following:
(1) Improving a patient care facility.
(2) Replacing a patient care facility.
(3) Renovating a patient care facility.
(4) Updating a patient care facility to contem-
porary standards.
(5) Establishing a new patient care facility at
a location where no Department patient care facility
exists.
(6) Improving, replacing, or renovating a re-
search facility or updating such a facility to contem-
porary standards.
(c) PURPOSE OF PROJECTS.—In selecting medical
centers for projects under subsection (a), the Secretary
shall select projects to improve, replace, renovate, update,
or establish facilities to achieve one or more of the fol-
lowing:
(1) Seismic protection improvements related to
patient safety (or, in the case of a research facility,
patient or employee safety).
(2) Fire safety improvements.
(3) Improvements to utility systems and ancil-
lary patient care facilities (including such systems
and facilities that may be exclusively associated with
research facilities).
(4) Improved accommodation for persons with
disabilities, including barrier-free access.
(5) Improvements at patient care facilities to
specialized programs of the Department, including
the following:
(A) Blind rehabilitation centers.
(B) Inpatient and residential programs for
seriously mentally ill veterans, including mental
illness research, education, and clinical centers.
(C) Residential and rehabilitation pro-
grams for veterans with substance-use dis-
orders.
(D) Physical medicine and rehabilitation
activities.
(E) Long-term care, including geriatric re-
search, education, and clinical centers, adult
day care centers, and nursing home care facili-
ties.
(F) Amputation care, including facilities
for prosthetics, orthotics programs, and sensory
aids.
(G) Spinal cord injury centers.
(H) Traumatic brain injury programs.
(I) Women veterans’ health programs (in-
cluding particularly programs involving privacy
and accommodation for female patients).
(J) Facilities for hospice and palliative
care programs.
(d) REVIEW PROCESS.—(1) The Secretary shall pro-
vide that, before a project is submitted to the Secretary
with a recommendation that it be approved as a project
to be carried out under the authority of this section, the
project shall be reviewed by a board within the Depart-
ment of Veterans Affairs that is independent of the Vet-
erans Health Administration and that is constituted by
the Secretary to evaluate capital investment projects. The
board shall review such project to determine the project’s
relevance to the medical care mission of the Department
and whether the project improves, renovates, repairs, es-
tablishes, or updates facilities of the Department in ac-
cordance with this section.
(2) In selecting projects to be carried out under the
authority provided by this section, the Secretary shall con-
sider the recommendations of the board under paragraph
(1). In any case in which the Secretary approves a project
to be carried out under this section that was not rec-
ommended for such approval by the board under para-
graph (1), the Secretary shall include in the report of the
Secretary under subsection (g)(2) notice of such approval
and the Secretary’s reasons for not following the rec-
ommendation of the board with respect to that project.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of Vet-
erans Affairs for the Construction, Major Projects, ac-
count for projects under this section—
(1) $167,900,000 for fiscal year 2004; and
(2) $600,000,000 for fiscal year 2005.
(f) LIMITATION.—Projects may be carried out under
this section only using funds appropriated pursuant to the
authorization of appropriations in subsection (e), except
that funds appropriated for advance planning may be used
for the purposes for which appropriated in connection with
such projects.
(g) REPORTS.—(1) Not later than April 1, 2005, the
Comptroller General shall submit to the Committees on
Veterans’ Affairs and on Appropriations of the Senate and
House of Representatives a report evaluating the advan-
tages and disadvantages of congressional authorization for
projects of the type described in subsection (b) through
general authorization as provided by subsection (a), rather
than through specific authorization as would otherwise be
applicable under section 8104(a)(2) of title 38, United
States Code. Such report shall include a description of the
actions of the Secretary of Veterans Affairs during fiscal
year 2004 to select and carry out projects under this sec-
tion.
(2) Not later than 120 days after the date on which
the site for the final project under this section for each
such fiscal year is selected, the Secretary shall submit to
the committees referred to in paragraph (1) a report on
the authorization process under this section. The Sec-
retary shall include in each such report the following:
(A) A listing by project of each such project se-
lected by the Secretary under that section, together
with a prospectus description of the purposes of the
project, the estimated cost of the project, and a
statement attesting to the review of the project
under subsection (c), and, if that project was not
recommended by the board, the Secretary’s justifica-
tion under subsection (d) for not following the rec-
ommendation of the board.
(B) An assessment of the utility to the Depart-
ment of Veterans Affairs of that authorization proc-
ess.
(C) Such recommendations as the Secretary
considers appropriate for future congressional policy
for authorizations of major and minor medical facil-
ity construction projects for the Department of Vet-
erans Affairs.
(D) Any other matter that the Secretary con-
siders to be appropriate with respect to oversight by
Congress of capital facilities projects of the Depart-
ment of Veterans Affairs.
SEC. 3. AUTHORIZATION OF MAJOR MEDICAL FACILITY
PROJECTS AND LEASES.
(a) PROJECT AUTHORIZATIONS.—The Secretary of
Veterans Affairs may carry out the following major med-
ical facility projects, with each project to be carried out
in the amount specified for that project:
(1) Construction of a new bed tower to consoli-
date two inpatient sites of care in inner city Chicago
at the West Side Division of the Department of Vet-
Administration in Clark County, Nevada, at an an-
nual lease amount not to exceed $6,500,000.
(3) For facilities authorized in section 4 at the
site of the former Fitzsimons Army Medical Center,
Aurora, Colorado, in an amount not to exceed
$30,000,000.
SEC. 4. AUTHORIZATION OF MAJOR MEDICAL FACILITY
PROJECTS, FORMER FITZSIMONS ARMY MED-
ICAL CENTER, AURORA, COLORADO.
(a) AUTHORIZATION.—The Secretary of Veterans Af-
fairs may carry out major medical facility projects under
section 8104 of title 38, United States Code, at the site
of the former Fitzsimons Army Medical Center, Aurora,
Colorado. Projects to be carried out at such site shall be
selected by the Secretary and may include inpatient and
outpatient facilities providing acute, sub-acute, primary,
and long-term care services. The cost of projects under
this section shall be limited to—
(1) an amount not to exceed a total of
$300,000,000 if either direct construction or a com-
bination of direct construction and leasing is selected
by the Secretary under subsection (b); and
(2) no more than $30,000,000 per year in leas-
ing costs if a leasing option is selected by the Sec-
retary as the sole option under subsection (b).
(b) SELECTION OF OPTION.—The Secretary of Vet-
erans shall select the option to carry out the authority pro-
vided in subsection (a) of either—
(1) direct construction by the Department of
Veterans Affairs or a combination of direct construc-
tion and leasing; or
(2) leasing alone.
(c) CONSULTATION
WITH
SECRETARY
OF
DE-
FENSE.—The Secretary of Veterans Affairs shall consult
with the Secretary of Defense in carrying out this section.
Such consultation shall include consideration of estab-
lishing a Department of Veterans Affairs-Department of
Defense joint health-care venture at the site of the project
or projects under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal years 2004, 2005, and 2006 for ‘‘Con-
struction, Major Projects’’ for the purposes authorized in
subsection (a).
(e) LIMITATION.—The projects authorized in sub-
section (a) may only be carried out using—
(1) funds appropriated for fiscal year 2004,
2005, or 2006 pursuant to the authorization of ap-
propriations 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, 2005, or 2006 for a
category of activity not specific to a project.
(f) REPORT
TO CONGRESSIONAL COMMITTEES.—
After complying with applicable provisions of the National
Environmental Policy Act of 1969, but not later than one
year after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Appropriations
and the Committees on Veterans’ Affairs of the Senate
and House of Representatives a report on this section. The
report shall include the following:
(1) Notice of the option selected by the Sec-
retary pursuant to subsection (b) to carry out the
authority provided by subsection (a).
(2) Information on any further planning re-
quired to carry out the authority provided in sub-
section (a).
(3) Other information of assistance to the com-
mittees with respect to such authority.
SEC. 5. LIMITATION ON DISPOSAL OF LAKESIDE DIVISION,
DEPARTMENT OF VETERANS AFFAIRS MED-
ICAL FACILITIES, CHICAGO, ILLINOIS.
(a) LIMITATION.—The Secretary of Veterans Affairs
may not make a final disposal under section 8162 of title
38, United States Code, of the Lakeside Division facility
of the Department of Veterans Affairs medical facilities
in Chicago, Illinois, until the Secretary has entered into
a contract for the construction project authorized by sec-
tion 3(a)(1).
(b) DEFINITION.—For purposes of this section, the
term ‘‘disposal’’, with respect to the Lakeside Division fa-
cility, includes entering into a long-term lease or sharing
agreement under which a party other than the Secretary
has operational control of the facility.
SEC. 6. PLANS FOR FACILITIES IN SOUTHERN NEW JERSEY
AND FAR SOUTH TEXAS.
(a) PLAN.—(1) The Secretary of Veterans Affairs
shall develop—
(A) a plan to establish an inpatient facility to
meet hospital care needs of veterans who reside in
southern New Jersey; and
(B) a plan for hospital care needs of veterans
who reside in far south Texas.
(2) In developing the plans under paragraph (1), the
Secretary shall, at a minimum, consider options using the
existing authorities of section 8111 and 8153 of title 38,
United States Code—
(A) to establish a hospital staffed and managed
by employees of the Department, either in private or
public facilities, including Federal facilities; or
(B) to enter into contracts with existing private
facilities and private providers for that care.
(b) REPORTS.—The Secretary shall submit to the
Committees on Veterans’ Affairs of the Senate and House
of Representatives a report on each plan under subsection
(a) not later than January 31, 2004.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘far south Texas’’ means the fol-
lowing counties of the State of Texas: Bee, Calhoun,
Crockett, DeWitt, Dimmit, Goliad, Jackson, Vic-
toria, Webb, Aransas, Duval, Jim Wells, Kleberg,
Nueces, Refugio, San Patricio, Brooks, Cameron,
Hidalgo, Jim Hogg, Kenedy, Starr, Willacy, and Za-
pata.
(2) 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.
SEC. 7. INCREASE IN MAJOR MEDICAL FACILITY CON-
STRUCTION COST THRESHOLD.
Section 8104(a)(3)(A) of title 38, United States
Code, is amended by striking ‘‘$4,000,000’’ and inserting
‘‘$6,000,000’’.
SEC. 8. STUDY AND REPORT ON FEASIBILITY OF COORDI-
NATION OF VETERANS HEALTH CARE SERV-
ICES IN SOUTH CAROLINA WITH NEW UNI-
VERSITY 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 Univer-
sity of South Carolina, Charleston, South Carolina.
(b) MATTERS TO BE INCLUDED IN STUDY.—(1) As
part of the study under subsection (a), the Secretary shall
consider the following:
(A) Integration with the Medical University of
South Carolina of some or all of the services referred
to in subsection (a) through contribution to the con-
struction of that university’s new medical facility or
by becoming a tenant provider in that new facility.
(B) Construction by the Department of Vet-
erans Affairs of a new independent inpatient or out-
patient 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 of Veterans
Affairs and the university medical center would be able
to share expensive technologies and scarce specialty serv-
ices that would affect any such plans of the Secretary or
the university.
(3) In carrying out the study, the Secretary shall es-
pecially 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 relationship between the Department
and the Medical University of South Carolina.
(c) CONSULTATION
WITH
SECRETARY
OF
DE-
FENSE.—The Secretary of Veterans Affairs shall consult
with the Secretary of Defense in carrying out the study
under this section. Such consultation shall include consid-
eration of establishing a Department of Veterans Affairs-
Department of Defense joint health-care venture at the
site referred to in subsection (a).
(d) REPORT.—Not later than March 31, 2004, the
Secretary shall submit to the Committees on Veterans’ Af-
fairs 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 sub-
section (b).
SEC. 9. NAME OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE FACILITY, CHICAGO, ILLINOIS.
The Department of Veterans Affairs health care facil-
ity located at 820 South Damen Avenue in Chicago, Illi-
nois, 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, map, regulation, document, paper,
or other record of the United States shall be considered
to be a reference to the Jesse Brown Department of Vet-
erans Affairs Medical Center.
SEC. 10. NAME OF DEPARTMENT OF VETERANS AFFAIRS
OUTPATIENT CLINIC, NEW LONDON, CON-
NECTICUT.
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 ref-
erence to the John J. McGuirk Department of Veterans
Affairs Outpatient Clinic.
SEC. 11. OFFICE OF RESEARCH OVERSIGHT IN VETERANS
HEALTH ADMINISTRATION.
(a) STATUTORY CHARTER.—(1) Chapter 73 of title
38, United States Code, is amended by inserting after sec-
tion 7306 the following new section:
‘‘§ 7307. Office of Research Oversight
‘‘(a) REQUIREMENT FOR OFFICE.—(1) There is in
the Veterans Health Administration an Office of Research
Oversight (hereinafter in this section referred to as the
‘Office’). The Office shall advise the Under Secretary for
Health on matters of compliance and assurance in human
subjects protections, animal welfare, 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 protec-
tions and animal welfare; and
‘‘(B) monitor, review, and investigate matters
relating to the protection and safety of human sub-
jects, research animals, and Department employees
participating in medical research in Department pro-
grams.
‘‘(b) DIRECTOR.—(1) The head of the Office shall be
a Director, who shall report directly to the Under Sec-
retary for Health (without delegation).
‘‘(2) Any person appointed as Director shall be—
‘‘(A) an established expert in the field of med-
ical research, administration of medical research
programs, or similar fields; and
‘‘(B) qualified to carry out the duties of the Of-
fice based on demonstrated experience and expertise.
‘‘(c) FUNCTIONS.—(1) The Director shall report to
the Under Secretary for Health on matters relating to pro-
tections of human subjects and laboratory animals under
any applicable Federal law and regulation, the safety of
employees involved in Department medical research pro-
grams, and suspected misconduct and impropriety in such
programs. In carrying out the preceding sentence, the Di-
rector shall consult with employees of the Veterans Health
Administration who are responsible for management and
conduct of Department medical research programs.
‘‘(2) The matters to be reported by the Director to
the Under Secretary under paragraph (1) include the fol-
lowing:
‘‘(A) Lack of required integrity of content, va-
lidity of approach, and ethical conduct of employees
in Department medical research programs.
‘‘(B) Allegations of research impropriety and
misconduct by employees engaged in medical re-
search programs of the Department.
‘‘(3)(A) When the Director determines that such a
recommendation is warranted, the Director may rec-
ommend to the Under Secretary that a Department re-
search activity be terminated, suspended, or restricted, in
whole or in part.
‘‘(B) In a case in which the Director reasonably be-
lieves that activities of a medical research project of the
Department place human subjects’ lives or health at immi-
nent 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 in-
clude review of required documented assurances.
‘‘(2) The Director shall observe external accreditation
activities conducted for accreditation of medical research
programs conducted in facilities of the Department.
‘‘(3) The Director shall investigate allegations of re-
search impropriety and misconduct in medical research
projects of the Department.
‘‘(4) The Director shall submit to the Under Sec-
retary for Health, the Secretary, and the Committees on
Veterans’ Affairs of the Senate and House of Representa-
tives a report on any suspected lapse, from whatever cause
or causes, in protecting safety of human subjects and oth-
ers, including employees, in medical research programs.
‘‘(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 Ad-
ministration for Medical Care.
‘‘(f) ANNUAL REPORT.—Not later than March 15
each year, the Director of the Office 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: