Veterans Health Care, Capital Asset, and Business Improvement Act of 2003
PL 108-170 (S.1156), enacted 12/06/2003

117 STAT. 2042
PUBLIC LAW 108–170—DEC. 6, 2003
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, to enhance and improve authori-
ties 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 assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This 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 Depart-
ment of Defense chemical and biological warfare testing.
Sec. 103. Eligibility for Department of Veterans Affairs health care for certain Fili-
pino 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 serv-
ices 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.
38 USC 101 note.
Veterans Health
Care, Capital
Asset, and
Business
Improvement Act
of 2003.
Dec. 6, 2003
[S. 1156]
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117 STAT. 2043
PUBLIC LAW 108–170—DEC. 6, 2003
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, Chi-
cago, Illinois, as the Jesse Brown Department of Veterans Affairs Med-
ical Center.
Sec. 243. Designation of Department of Veterans Affairs medical center, Houston,
Texas, as the Michael E. DeBakey Department of Veterans Affairs Med-
ical 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 per-
sonnel 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 work-
ers in the Veterans Health Administration.
Sec. 304. Coverage of employees of Veterans’ Canteen Service under additional em-
ployment 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 pur-
chases.
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’’.
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117 STAT. 2044
PUBLIC LAW 108–170—DEC. 6, 2003
SEC. 102. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICI-
PATED 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 partici-
pated 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, not-
withstanding 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 subpara-
graph’’; 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 subpara-
graph:
‘‘(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 VET-
ERANS 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 condi-
tions, 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 consid-
ered to be a service-connected disability for purposes of furnishing
care and services under the preceding sentence.
‘‘(b) Subsection (a) applies to any individual who is a Common-
wealth 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)’’.
Applicability.
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117 STAT. 2045
PUBLIC LAW 108–170—DEC. 6, 2003
(b) EXPANSION OF AUTHORIZED REHABILITATIVE SERVICES.—(1)
Section 1718 is amended—
(A) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; and
(B) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) In providing to a veteran rehabilitative services under
this chapter, the Secretary may furnish the veteran with the fol-
lowing:
‘‘(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 partici-
pating 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 subpara-
graph 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 sec-
tion is amended by inserting ‘‘or agreement’’ after ‘‘contract’’ each
place it appears.
SEC. 106. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF NON-
INSTITUTIONAL 
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,’’.
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117 STAT. 2046
PUBLIC LAW 108–170—DEC. 6, 2003
(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 addi-
tional designated health care region of the Department selected
by the Secretary for purposes of this section.
‘‘(B) Notwithstanding subsection (f), the authority of the Sec-
retary 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 SPECIAL-
IZED 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 subpara-
graph:
‘‘(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
Termination
date.
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117 STAT. 2047
PUBLIC LAW 108–170—DEC. 6, 2003
are not allocated through the Veterans Equitable Resource Alloca-
tion 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 designa-
tion’’ 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 subpara-
graph (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 ‘‘Sec-
retary determines’’; and
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117 STAT. 2048
PUBLIC LAW 108–170—DEC. 6, 2003
(B) by striking ‘‘Secretary and the Administrator con-
sider’’ 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:
‘‘§ 8163. Hearing and notice requirements regarding pro-
posed 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 acces-
sibility, and (B) establishment of a consolidated medical
research facility at that facility, in an amount not to exceed
$50,000,000.
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PUBLIC LAW 108–170—DEC. 6, 2003
(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, Massachu-
setts, in an amount not to exceed $2,879,000.
SEC. 213. ADVANCE PLANNING AUTHORIZATIONS.
The Secretary of Veterans Affairs may carry out advance plan-
ning 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 sec-
tion 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.
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117 STAT. 2050
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Subtitle C—Capital Asset Realignment for
Enhanced Services Initiative
SEC. 221. AUTHORIZATION OF MAJOR CONSTRUCTION PROJECTS IN
CONNECTION WITH CAPITAL ASSET REALIGNMENT INITIA-
TIVE.
(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 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 sup-
port 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 sub-
section (a) after September 30, 2006.
SEC. 222. ADVANCE NOTIFICATION OF CAPITAL ASSET REALIGNMENT
ACTIONS.
(a) REQUIREMENT
FOR ADVANCE NOTIFICATION.—If the Sec-
retary of Veterans Affairs approves a recommendation resulting
Deadline.
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117 STAT. 2051
PUBLIC LAW 108–170—DEC. 6, 2003
from the Capital Asset Realignment for Enhanced Services initia-
tive, then before taking any action resulting from that recommenda-
tion 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 sub-
section (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 vet-
erans 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 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.
Deadline.
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(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 Wash-
ington: Chelan, Douglas, Ferry, Grant, Kittitas, and Okanogan.
(d) PENSACOLA AREA.—(1) 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 AUTHORI-
TIES.—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) enter into contracts with existing Federal facilities,
private facilities, and private providers for that care.
(f) REPORT.—The 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 CARO-
LINA 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 fol-
lowing:
(A) Integration with the Medical University of South Caro-
lina of some or all of the services referred to in subsection
Deadline.
Contracts.
Florida.
Alabama.
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(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 Caro-
lina.
(c) CONSULTATION WITH SECRETARY OF DEFENSE.—The Sec-
retary of Veterans Affairs shall consult with the Secretary of
Defense in carrying out the study under this section. Such consulta-
tion 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 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 rec-
ommendations 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 MED-
ICAL 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, docu-
ment, record, or other paper of the United States shall be considered
Deadline.
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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. 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—
25 USC 1680f
and note.
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(A) by striking paragraph (2) and inserting the following
new paragraph (2):
‘‘(2) Scientific and professional personnel, such as micro-
biologists, 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, med-
ical records technicians, medical and dental technologists,
nuclear medicine technologists, occupational therapists, occupa-
tional 
therapy 
assistants, 
kinesiotherapists, 
orthotist-
prosthetists, pharmacists, pharmacy technicians, physical
therapy assistants, prosthetic representatives, psychologists,
diagnostic radiologic technicians, therapeutic radiologic techni-
cians, and social workers.’’.
(2) Personnel appointed to the Veterans Health Administration
before the date of the enactment of this Act who are in an occupa-
tional 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 advance-
ment of an occupational category of employees under paragraph
(1), the Secretary shall provide to exclusive employee representa-
tives of such occupational category of employees a written descrip-
tion of the proposed system.
‘‘(B) 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.
Deadline.
38 USC 7401
note.
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‘‘(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 pro-
posed system of promotion and advancement under that paragraph,
the Secretary shall determine whether or not to accept the rec-
ommendations, either in whole or in part. If the Secretary deter-
mines not to accept all or part of the recommendations, the Sec-
retary shall—
‘‘(A) notify the congressional veterans’ affairs committees
of the recommendations and of the portion of the recommenda-
tions that the Secretary has determined not to accept;
‘‘(B) meet and confer with such exclusive employee rep-
resentatives, 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) notify the congressional veterans’ affairs commit-
tees 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 imple-
ment 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 para-
graph, the Secretary shall immediately implement such resolution.
‘‘(6) In implementing a system of promotion and advancement
under this subsection, the Secretary shall—
‘‘(A) develop and implement mechanisms to permit exclu-
sive 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
Procedures.
Notification.
Notification.
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117 STAT. 2057
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‘‘(B) provide exclusive employee representatives appropriate
access to information to ensure that the participation of such
exclusive employee representative in activities under subpara-
graph (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 rep-
resentatives 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) 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 recogni-
tion, the Secretary may develop procedures for input from represent-
atives 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 appro-
priate, 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 ‘‘med-
ical’’ and inserting ‘‘health’’; and
Reports.
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(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 para-
graph (10):
‘‘(10) CHIROPRACTOR.—To be eligible to be appointed to a chiro-
practor position, a person must—
‘‘(A) hold the degree of doctor of chiropractic, or its equiva-
lent, 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 CON-
TRACTING 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 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 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
Effective date.
38 USC 7454
note.
38 USC 7316
note.
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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 para-
graphs (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 sub-
sections (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 ‘‘CON-
TRACTS 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:
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‘‘§ 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 assur-
ance in human subjects protections, research safety, and research
impropriety and misconduct. The Office shall function independ-
ently 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 pro-
grams.
‘‘(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 pro-
grams.
‘‘(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 recommenda-
tion is warranted, the Director may recommend to the Under Sec-
retary that a Department research activity be terminated, sus-
pended, 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 sus-
pended or, as appropriate and specified by the Director, be limited.
‘‘(d) GENERAL FUNCTIONS.—(1) The Director shall conduct peri-
odic inspections and reviews, as the Director determines appro-
priate, 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.
Establishment.
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117 STAT. 2061
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‘‘(3) The Director shall investigate allegations of research impro-
priety and misconduct in medical research projects of the Depart-
ment.
‘‘(4) 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 sus-
pected 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 appro-
priated for the Veterans Health Administration for Medical Care.
‘‘(f) ANNUAL REPORT.—Not 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:
‘‘§ 7364A. Coverage of employees under certain Federal tort
claims laws
‘‘(a) An employee of a corporation established under this sub-
chapter 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—
Deadline.
Reports.
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117 STAT. 2062
PUBLIC LAW 108–170—DEC. 6, 2003
‘‘(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 Depart-
ment 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 CERTIFI-
CATION 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 execu-
tive 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 PARTICIPA-
TION.—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 activi-
ties 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 amendments made by subsection
(a) shall apply only with respect to funds appropriated for a fiscal
year after fiscal year 2003.
Applicability.
38 USC 8121
note.
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117 STAT. 2063
PUBLIC LAW 108–170—DEC. 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.
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.
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