Veterans Health Care, Capital Asset, and Business Improvement Act of 2003

Bill: 108-s-1156
Sponsor: Sen. Specter, Arlen [R-PA]
Introduced: 2003-05-23 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administrative procedure
Adult day care
Aliens
Ambulatory care
Annuities
Arizona
Biological warfare
Building construction
Cabinet officers
California
Chemical warfare
Chiropractic and chiropractors
Chronically ill
Civil service retirement
Clinics
Coinsurance
Collective bargaining
Colorado
Commemorations
Congregate housing
Congress
Congressional oversight
Congressional reporting requirements
Congressional tributes
Connecticut
Construction costs
Cost effectiveness
Dental care
Department of Veterans Affairs
Disabled
Drug abuse
Drugs
Earth movements and building
East Asia
Economics and Public Finance
Education
Employee selection
Ex-Members of Congress
Ex-prisoners of war
Executive reorganization
Federal aid to housing
Federal employees
Finance and Financial Sector
Florida
Government Operations and Politics
Government liability
Governmental investigations
Health
Health planning
Higher education
Homeless
Hospital care
Hospital personnel
House of Representatives
Housing and Community Development
Human experimentation in medicine
Illinois
Immigration
Job hunting
Labor and Employment
Law
Layoffs
Leases
Long-term care
Massachusetts
Medical education
Medical ethics
Medical malpractice
Medical personnel
Medical research
Medical supplies
Mental health services
Mentally disabled
Military bases
Names
Navy
Nevada
New Jersey
Nonprofit organizations
North Carolina
Nursing homes
Ohio
Part-time employment
Pennsylvania
Philippines
Physical examinations
Physicians
Post-traumatic stress disorder
Promotions
Recruiting of employees
Research ethics
Revolving funds
Rural health
Salaries
Science, Technology, Communications
Social Welfare
South Carolina
Temporary employment
Texas
Utah
Veterans' disability compensation
Veterans' employment
Veterans' hospitals
Veterans' medical care
Veterans' rehabilitation
Washington State
West Virginia

Summary:
action_date: 2003-05-23
text: 
Department of Veterans Affairs Long-Term Care and Personnel Authorities Enhancement Act of 2003 - Extends through 2008: (1) the authority of the Department of Veterans Affairs to treat noninstitutional extended care services as medical services; and (2) the requirement that the Secretary of Veterans Affairs provide nursing home care to veterans in need of such care who have service-connected disabilities rated at 50 (currently 70) percent or more.
 
Authorizes the Secretary to: (1) enter into agreements for furnishing nursing home and adult day health care in non-Department facilities; and (2) carry out specified major medical facility projects.
 
Adds various health care personnel to personnel that may be appointed by the Secretary if found necessary for the medical care of veterans. Allows the Secretary to appoint such personnel on a temporary, part-time, or without-compensation basis.
 
Allows employees of the Veterans' Canteen Service to be considered for appointment in Department positions in the competitive service in the same manner as Department employees in the competitive service are considered for transfer to the Service.
 
Revises effective dates with respect to the treatment for retirement annuity purposes of certain part-time service of VHA health professionals.
 
Makes permanent the authority of the Secretary to use contract physicians to perform Department disability examinations (currently a pilot program).

action_date: 2003-12-06
text: 
Veterans Health Care, Capital Asset, and Business Improvement Act of 2003 - 
Title I: Health Care Authorities and Related Matters -
 (Sec. 101) Removes the requirement that former prisoners of war must have been detained or interned for at least 90 days in order to be eligible for veterans' outpatient dental care. Exempts former prisoners of war from any required copayments under the Department of Veterans Affairs (Department) pharmacy program.
 
(Sec. 102) Makes 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) eligible for hospital care, medical services, and nursing home care, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing. Terminates such eligibility after December 31, 2005.
 
(Sec. 103) Directs (current law authorizes) the Secretary of Veterans Affairs to furnish hospital and nursing home care and medical services for any illness or injury that is a service-connected disability of any Commonwealth Army veteran or new Philippine Scout who is residing in the United States and is a citizen or lawfully admitted alien for permanent residence.
 
(Sec. 104) Expands the rehabilitative services authorized to be provided to ill or disabled veterans to include work skills training and development, employment support, and job development and placement.
 
(Sec. 105) Authorizes the Secretary, in furnishing nursing home care, adult day health care, or extended care services to veterans, to enter into agreements for the furnishing of such care or services with authorized service providers under title XVIII (Medicare) or XIX (Medicaid) of the Social Security Act.
 
(Sec. 106) Extends through 2008 the period for the provision of veterans' noninstitutional extended-care services and required nursing home care.
 
(Sec. 107) Amends the Veterans' Millennium Health Care and Benefits Act to allow the Secretary to carry out a pilot program for veterans for long-term care and assisted living in one additional designated health care region of the Department as selected by the Secretary. Terminates such additional authority three years after commencement of the provision of such services.
 
(Sec. 108) Increases and extends through FY 2006 a Department program for the provision of specialized mental health services to veterans. Directs the Secretary, in allocating program funds, to ensure specified amounts for programs: (1) identified by the Mental Health Strategic Health Care Group and the Committee on Care of Severely Chronically Mentally Ill Veterans; (2) on post-traumatic stress disorder; and (3) on substance abuse disorder.
 

Title II: Construction and Facilities Matters -
 
Subtitle A: Program Authorities -
 (Sec. 201) Increases from $4 million to $7 million the threshold cost of a major medical facility project above which funds for such project must be specifically authorized by law.
 
(Sec. 202) Revises the Secretary's authority to enter into enhanced-use leases for the Department to: (1) reduce, from 90 to 45 days after congressional notification, the required waiting period before entering into such a lease; (2) require each notification to include a summary of a cost-benefit analysis of the proposed lease; (3) repeal a congressional reporting requirement with respect to such leases; (4) remove the requirement that the Secretary request the Administrator of General Services to dispose of property no longer needed under such a lease (thereby allowing the Secretary to make such disposition); (5) reduce, from 90 to 45 days after congressional notification, the required waiting period before disposing of such property; and (6) allow the Secretary to use lease proceeds to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases.
 
(Sec. 203) Removes certain information requirements from a required report from the Secretary to the congressional veterans' committees regarding Department long-range health planning.
 

Subtitle B: Project Authorizations -
 (Sec. 211) Authorizes the Secretary to carry out: (1) construction of long-term care facilities in Lebanon, Pennsylvania, and Beckley, West Virginia; (2) construction of a new bed tower to consolidate two inpatient sites of care in inner city Chicago; (3) seismic corrections to strengthen Medical Center Building 1 of the Department health care system in San Diego, California; (4) renovation of all inpatient care wards and establishment of a consolidated medical research facility at the Department's West Haven, Connecticut, facility; and (5) construction of a Department of Veterans Affairs-Department of the Navy joint venture comprehensive outpatient medical care facility on the grounds of the Pensacola, Florida, Naval Air Station.
 
(Sec. 212) Authorizes the Secretary to enter into leases for outpatient clinic facilities in Charlotte, North Carolina, and Boston, Massachusetts.
 
(Sec. 213) Authorizes the Secretary to carry out advance planning for major medical facility projects in: (1) Denver, Colorado; (2) Pittsburgh, Pennsylvania; (3) Las Vegas, Nevada; (4) Columbus, Ohio; and (5) East Central Florida.
 
(Sec. 214) Authorizes appropriations for FY 2004 for the Construction, Major Projects, account and the Medical Care account.
 

Subtitle C: Capital Asset Realignment for Enhanced Services Initiative -
 (Sec. 221) Authorizes the Secretary to carry out major construction projects as specified in the final report of the Capital Asset Realignment for Enhanced Services Commission 45 days after reporting to the veterans' and appropriations committees on the projects proposed to be carried out in connection with the Capital Asset Realignment for Enhanced Services Initiative. Prohibits the Secretary from entering into any contract for such a project after the end of FY 2006.
 
(Sec. 222) Requires the Secretary, if approving a recommendation resulting from the above Initiative, to notify Congress before taking any action that would result in: (1) a medical facility closure; (2) an administrative reorganization; or (3) a medical facility consolidation. Requires a waiting period following such notification.
 
(Sec. 223) Expresses the sense of Congress that the Secretary 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.
 

Subtitle D: Plans for New Facilities -
 (Sec. 231) Directs the Secretary to develop a plan: (1) to establish an inpatient facility to meet veterans' hospital care needs in southern New Jersey; (2) for hospital care needs of veterans who reside in far south Texas; and (3) for meeting future hospital care needs of veterans who reside in north central Washington and the Pensacola, Florida, areas. Requires reports on each plan from the Secretary to the veterans' committees.
 
(Sec. 232) Requires the Secretary to examine and report to the veterans' committees on the feasibility of coordination of the Department's needs for veterans' inpatient hospital, medical, and long-term care services with the pending construction of a new university medical center at the Medical University of South Carolina in Charleston, South Carolina.
 

Subtitle E: Designation of Facilities -
 (Sec. 241) Designates the Department's: (1) medical center in Prescott, Arizona, as the Bob Stump Department of Veterans Affairs Medical Center; (2) health care facility on South Damen Avenue in Chicago, Illinois, as the Jesse Brown Department of Veterans Affairs Medical Center; (3) medical center in Houston, Texas, as the Michael E. DeBakey Department of Veterans Affairs Medical Center; (4) medical center in Salt Lake City, Utah, as the George E. Wahlen Department of Veterans Affairs Medical Center; (5) outpatient clinic in New London, Connecticut, as the John J. McGuirk Department of Veterans Affairs Outpatient Clinic; and (6) outpatient clinic in Horsham, Pennsylvania, as the Victor J. Saracini Department of Veterans Affairs Outpatient Clinic.
 

Title III: Personnel Matters -
 (Sec. 301) Revises Federal provisions relating to the appointment and promotion of personnel in the Veterans Health Administration (VHA) to: (1) add specified scientific and professional positions to those authorized to be appointed; (2) require civil service law resolution of VHA determinations involving reductions in force and the applicability of hiring preferences; and (3) require VHA systems for the promotion and advancement of an occupational category of employees to be planned, developed, and implemented in collaboration with, and with the participation of, employee representatives of such category. Applies, with respect to the newly-authorized positions, the Secretary's authority to: (1) appoint temporary, part-time, and without-compensation employees; and (2) provide additional pay for certain health care personnel.
 
(Sec. 302) Authorizes the appointment of, and provision of medical care by, chiropractors within VHA. Includes chiropractors under VHA provisions concerning: (1) qualifications of appointees, periods of appointment, promotions, and pay grades; (2) malpractice protection; (3) treatment as scarce medical specialists for contracting purposes; and (4) collective bargaining exemptions.
 
(Sec. 303) Authorizes additional pay for Saturday duty for VHA employees hired under the Secretary's additional appointment authority.
 
(Sec. 304) Allows employees of the Veterans' Canteen Service (Service) to be considered for appointment to a Department position in the competitive service in the same manner that Department employees in the competitive service are considered for transfer to Service positions.
 

Title IV: Other Matters -
 (Sec. 401) Establishes in VHA an Office of Research Oversight to advise the Under Secretary for Health on matters of compliance and assurance in human subjects protections, research safety, and research impropriety and misconduct. Requires the Office to function independently of VHA offices responsible for the conduct of medical research programs. Establishes an Office Director to conduct investigations and report to the Under Secretary, including appropriate recommendations for the termination, suspension, or limitation of Department research activities. Requires the Director to report: (1) to the Under Secretary, Secretary, and veterans' committees on any suspected lapse of protecting the safety of human subjects and others, including employees, in medical research programs; and (2) annually to the veterans' committees on prior-year activities.
 
(Sec. 402) Provides for coverage under the tort claims laws for employees of Department nonprofit research corporations. Extends through 2008 the authority to establish such corporations.
 
(Sec. 403) Allows the Secretary to authorize the Secretary of Defense to make purchases of medical supplies, equipment, and services through the Department's revolving supply fund in the same manner as activities of the Department (requiring reimbursement).
 
(Sec. 404) Extends through 2008 the Department program for housing assistance for homeless veterans.
 
(Sec. 405) Revises due dates of various reports.


Legislative actions:
action_date: 2003-12-06
text: Became Public Law No: 108-170.
action_date: 2003-12-06
text: Became Public Law No: 108-170.
action_date: 2003-12-06
text: Signed by President.
action_date: 2003-12-06
text: Signed by President.
action_date: 2003-11-25
text: Presented to President.
action_date: 2003-11-25
text: Presented to President.
action_date: 2003-11-21
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-11-21
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 423 - 2 (Roll no. 658). (text: CR H12137-12143)
action_date: 2003-11-21
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 423 - 2 (Roll no. 658).(text: CR H12137-12143)
action_date: 2003-11-21
text: Considered as unfinished business. (consideration: CR H12173)
action_date: 2003-11-21
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2003-11-21
text: DEBATE - The House resumed debate on S. 1156.
action_date: 2003-11-21
text: EXTENSION OF DEBATE - Mr. Smith (NJ) asked unanimous consent to extend debate by ten minutes to be equally divided and controlled on the motion to suspend the rules and pass S. 1156. Agreed to without objection.
action_date: 2003-11-21
text: DEBATE - The House proceeded with forty minutes of debate on S. 1156.
action_date: 2003-11-21
text: Considered under suspension of the rules. (consideration: CR H12137-12157)
action_date: 2003-11-21
text: Mr. Smith (NJ) moved to suspend the rules and pass the bill.
action_date: 2003-11-19
text: Held at the desk.
action_date: 2003-11-19
text: Received in the House.
action_date: 2003-11-19
text: Message on Senate action sent to the House.
action_date: 2003-11-19
text: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
action_date: 2003-11-19
text: Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Unanimous Consent.
action_date: 2003-11-19
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2003-11-19
text: Measure laid before Senate by unanimous consent. (consideration: CR S15123-15133; text as reported in Senate: CR S15123-15126)
action_date: 2003-11-10
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 383.
action_date: 2003-11-10
text: Committee on Veterans' Affairs. Reported by Senator Specter with an amendment in the nature of a substitute and an amendment to the title. With written report No. 108-193.
action_date: 2003-11-10
text: Committee on Veterans' Affairs. Reported by Senator Specter with an amendment in the nature of a substitute and an amendment to the title. With written report No. 108-193.
action_date: 2003-09-30
text: Committee on Veterans' Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-07-29
text: Committee on Veterans' Affairs. Hearings held.
action_date: 2003-05-23
text: Read twice and referred to the Committee on Veterans' Affairs. (text of measure as introduced:  CR S7154-7155)
action_date: 2003-05-23
text: Sponsor introductory remarks on measure. (CR S7154)
action_date: 2003-05-23
text: Introduced in Senate

Enacted as: number: 108-170