Veterans Health Programs Improvement Act of 2004
PL 108-422 (H.R.3936), enacted 11/30/2004

118 STAT. 2379
PUBLIC LAW 108–422—NOV. 30, 2004
Public Law 108–422
108th Congress
An Act
To amend title 38, United States Code, to increase the authorization of appropriations
for grants to benefit homeless veterans, to improve programs for management
and administration of veterans’ facilities and health care programs, 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 Programs Improvement Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I—ASSISTANCE TO HOMELESS VETERANS
Sec. 101. Authorization of appropriations.
TITLE II—VETERANS LONG-TERM CARE PROGRAMS
Sec. 201. Assistance for hiring and retention of nurses at State veterans’ homes.
Sec. 202. Treatment of Department of Veterans Affairs per diem payments to state
homes for veterans.
Sec. 203. Extension of authority to provide care under long-term care pilot pro-
grams.
Sec. 204. Prohibition on collection of copayments for hospice care.
TITLE III—MEDICAL CARE
Sec. 301. Sexual trauma counseling program.
Sec. 302. Centers for research, education, and clinical activities on complex multi-
trauma associated with combat injuries.
Sec. 303. Enhancement of medical preparedness of Department of Veterans Affairs.
TITLE IV—MEDICAL FACILITIES MANAGEMENT AND ADMINISTRATION
Subtitle A—Major Medical Facility Leases
Sec. 401. Major medical facility leases.
Sec. 402. Authorization of appropriations.
Sec. 403. Authority for long-term lease of certain lands of University of Colorado.
Subtitle B—Facilities Management
Sec. 411. Department of Veterans Affairs Capital Asset Fund.
Sec. 412. Annual report to Congress on inventory of Department of Veterans Af-
fairs historic properties.
Sec. 413. Authority to acquire and transfer real property for use for homeless vet-
erans.
Sec. 414. Limitation on implementation of mission changes for specified Veterans
Health Administration facilities.
Sec. 415. Authority to use project funds to construct or relocate surface parking in-
cidental to a construction or nonrecurring maintenance project.
Sec. 416. Inapplicability of limitation on use of advance planning funds to author-
ized major medical facility projects.
38 USC 101 note.
Veterans Health
Programs
Improvement Act
of 2004.
Nov. 30, 2004
[H.R. 3936]
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118 STAT. 2380
PUBLIC LAW 108–422—NOV. 30, 2004
Sec. 417. Improvements to enhanced-use lease authority.
Sec. 418. First option for Commonwealth of Kentucky on Department of Veterans
Affairs Medical Center, Louisville, Kentucky.
Sec. 419. Transfer of jurisdiction, General Services Administration property, Boise,
Idaho.
Subtitle C—Designation of Facilities
Sec. 421. Thomas E. Creek Department of Veterans Affairs Medical Center.
Sec. 422. James J. Peters Department of Veterans Affairs Medical Center.
Sec. 423. Bob Michel Department of Veterans Affairs Outpatient Clinic.
Sec. 424. Charles Wilson Department of Veterans Affairs Outpatient Clinic.
Sec. 425. Thomas P. Noonan, Jr. Department of Veterans Affairs Outpatient Clinic.
TITLE V—PERSONNEL ADMINISTRATION
Sec. 501. Pilot program to study innovative recruitment tools to address nursing
shortages at Department of Veterans Affairs health care facilities.
Sec. 502. Technical correction to listing of certain hybrid positions in Veterans
Health Administration.
Sec. 503. Under Secretary for Health.
TITLE VI—OTHER MATTERS
Sec. 601. Extension and codification of authority for recovery audits.
Sec. 602. Inventory of medical waste management activities at Department of Vet-
erans Affairs health care facilities.
Sec. 603. Inclusion of all enrolled veterans among persons eligible to use canteens
operated by Veterans’ Canteen Service.
Sec. 604. Annual reports on waiting times for appointments for specialty care.
Sec. 605. Technical clarification.
SEC. 2. REFERENCE 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—ASSISTANCE TO HOMELESS
VETERANS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 2013 is amended in paragraph (4) by striking
‘‘$75,000,000’’ and inserting ‘‘$99,000,000’’.
TITLE II—VETERANS LONG-TERM CARE
PROGRAMS
SEC. 201. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT
STATE VETERANS’ HOMES.
(a) IN GENERAL.—(1) Chapter 17 is amended by inserting after
section 1743 the following new section:
‘‘§ 1744. Hiring and retention of nurses: payments to assist
States
‘‘(a) PAYMENT PROGRAM.—The Secretary shall make payments
to States under this section for the purpose of assisting State
homes in the hiring and retention of nurses and the reduction
of nursing shortages at State homes.
‘‘(b) ELIGIBLE RECIPIENTS.—Payments to a State for a fiscal
year under this section shall, subject to submission of an applica-
tion, be made to any State that during that fiscal year—
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118 STAT. 2381
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‘‘(1) receives per diem payments under this subchapter
for that fiscal year; and
‘‘(2) has in effect an employee incentive scholarship pro-
gram or other employee incentive program at a State home
designed to promote the hiring and retention of nursing staff
and to reduce nursing shortages at that home.
‘‘(c) USE OF FUNDS RECEIVED.—A State may use an amount
received under this section only to provide funds for a program
described in subsection (b)(2). Any program shall meet such criteria
as the Secretary may prescribe. In prescribing such criteria, the
Secretary shall take into consideration the need for flexibility and
innovation.
‘‘(d) LIMITATIONS ON AMOUNT OF PAYMENT.—(1) A payment
under this section may not be used to provide more than 50 percent
of the costs for a fiscal year of the employee incentive scholarship
or other employee incentive program for which the payment is
made.
‘‘(2) The amount of the payment to a State under this section
for any fiscal year is, for each State home in that State with
a program described in subsection (b)(2), the amount equal to 2
percent of the amount of payments estimated to be made to that
State, for that State home, under section 1741 of this title for
that fiscal year.
‘‘(e) APPLICATIONS.—A payment under this section for any fiscal
year with respect to any State home may only be made based
upon an application submitted by the State seeking the payment
with respect to that State home. Any such application shall describe
the nursing shortage at the State home and the employee incentive
scholarship program or other employee incentive program described
in subsection (c) for which the payment is sought.
‘‘(f) SOURCE
OF FUNDS.—Payments under this section shall
be made from funds available for other payments under this sub-
chapter.
‘‘(g) DISBURSEMENT.—Payments under this section to a State
home shall be made as part of the disbursement of payments
under section 1741 of this title with respect to that State home.
‘‘(h) USE OF CERTAIN RECEIPTS.—The Secretary shall require
as a condition of any payment under this section that, in any
case in which the State home receives a refund payment made
by an employee in breach of the terms of an agreement for employee
assistance that used funds provided under this section, the payment
shall be returned to the State home’s incentive program account
and credited as a non-Federal funding source.
‘‘(i) ANNUAL REPORT FROM PAYMENT RECIPIENTS.—Any State
home receiving a payment under this section for any fiscal year,
shall, as a condition of the payment, be required to agree to provide
to the Secretary a report setting forth in detail the use of funds
received through the payment, including a descriptive analysis of
how effective the incentive program has been on nurse staffing
in the State home during that fiscal year. The report for any
fiscal year shall be provided to the Secretary within 60 days of
the close of the fiscal year and shall be subject to audit by the
Secretary. Eligibility for a payment under this section for any
later fiscal year is contingent upon the receipt by the Secretary
of the annual report under this subsection for the previous fiscal
year in accordance with this subsection.
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118 STAT. 2382
PUBLIC LAW 108–422—NOV. 30, 2004
‘‘(j) REGULATIONS.—The Secretary shall prescribe regulations
to carry out this section. The regulations shall include the establish-
ment of criteria for the award of payments under this section.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after section 1743 the following new item:
‘‘1744. Hiring and retention of nurses: payments to assist States.’’.
(b) IMPLEMENTATION.—The Secretary of Veterans Affairs shall
implement section 1744 of title 38, United States Code, as added
by subsection (a), as expeditiously as possible. The Secretary shall
establish such interim procedures as necessary so as to ensure
that payments are made to eligible States under that section com-
mencing not later than June 1, 2005, notwithstanding that regula-
tions under subsection (j) of that section may not have become
final.
SEC. 202. TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS PER
DIEM PAYMENTS TO STATE HOMES FOR VETERANS.
Section 1741 is amended by adding at the end the following
new subsection:
‘‘(e) Payments to States pursuant to this section shall not
be considered a liability of a third party, or otherwise be used
to offset or reduce any other payment made to assist veterans.’’.
SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE CARE UNDER LONG-
TERM CARE PILOT PROGRAMS.
Subsection (h) of section 102 of the Veterans Millennium Health
Care and Benefits Act (38 U.S.C. 1710B note) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The authority of’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) In the case of a veteran who is participating in a pilot
program under this section as of the end of the three-year period
applicable to that pilot program under paragraph (1), the Secretary
may continue to provide to that veteran any of the services that
could be provided under the pilot program. The authority to provide
services to any veteran under the preceding sentence applies during
the period beginning on the date specified in paragraph (1) with
respect to that pilot program and ending on December 31, 2005.’’.
SEC. 204. PROHIBITION ON COLLECTION OF COPAYMENTS FOR HOS-
PICE CARE.
Section 1710B(c)(2) 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 being furnished hospice care under this
section; or’’.
TITLE III—MEDICAL CARE
SEC. 301. SEXUAL TRAUMA COUNSELING PROGRAM.
(a) PERMANENT AUTHORITY FOR PROGRAM.—Section 1720D(a)
is amended—
(1) in paragraph (1), by striking ‘‘During the period through
December 31, 2004, the’’ and inserting ‘‘The’’; and
Applicability.
Procedures.
Deadline.
38 USC 1744
note.
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118 STAT. 2383
PUBLIC LAW 108–422—NOV. 30, 2004
(2) in paragraph (2), by striking ‘‘, during the period
through December 31, 2004,’’.
(b) EXTENSION TO COVER ACTIVE DUTY FOR TRAINING.—Such
section is further amended by inserting ‘‘or active duty for training’’
in paragraph (1) before the period at the end.
SEC. 302. CENTERS FOR RESEARCH, EDUCATION, AND CLINICAL
ACTIVITIES ON COMPLEX MULTI-TRAUMA ASSOCIATED
WITH COMBAT INJURIES.
(a) IN GENERAL.—(1) Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 7327. Centers for research, education, and clinical activi-
ties on complex multi-trauma associated with
combat injuries
‘‘(a) PURPOSE.—The purpose of this section is to provide for
the improvement of the provision of health care services and related
rehabilitation and education services to eligible veterans suffering
from complex multi-trauma associated with combat injuries
through—
‘‘(1) the development of improved models and systems for
the furnishing by the Department of health care, rehabilitation,
and education services to veterans;
‘‘(2) the conduct of research to support the provision of
such services in accordance with the most current evidence
on multi-trauma injuries; and
‘‘(3) the education and training of health care personnel
of the Department with respect to the provision of such services.
‘‘(b) DESIGNATION OF CENTERS.—(1) The Secretary shall des-
ignate an appropriate number of cooperative centers for clinical
care, consultation, research, and education activities on combat
injuries.
‘‘(2) Each center designated under paragraph (1) shall function
as a center for—
‘‘(A) research on the long-term effects of injuries sustained
as a result of combat in order to support the provision of
services for such injuries in accordance with the most current
evidence on complex multi-trauma;
‘‘(B) the development of rehabilitation methodologies for
treating individuals with complex multi-trauma; and
‘‘(C) the continuous and consistent coordination of care
from the point of referral throughout the rehabilitation process
and ongoing follow-up after return to home and community.
‘‘(3) The Secretary shall designate one of the centers designated
under paragraph (1) as the lead center for activities referred to
in that paragraph. As the lead center for such activities, such
center shall—
‘‘(A) develop and provide periodic review of research prior-
ities, and implement protocols, to ensure that projects con-
tribute to the activities of the centers designated under para-
graph (1);
‘‘(B) oversee the coordination of the professional and tech-
nical activities of such centers to ensure the quality and validity
of the methodologies and statistical services for research project
leaders;
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118 STAT. 2384
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‘‘(C) develop and ensure the deployment of an efficient
and cost-effective data management system for such centers;
‘‘(D) develop and distribute educational materials and prod-
ucts to enhance the evaluation and care of individuals with
combat injuries by medical care providers of the Department
who are not specialized in the assessment and care of complex
multi-trauma;
‘‘(E) develop educational materials for individuals suffering
from combat injuries and for their families; and
‘‘(F) serve as a resource for the clinical and research infra-
structure of such centers by disseminating clinical outcomes
and research findings to improve clinical practice.
‘‘(4) The Secretary shall designate centers under paragraph
(1) upon the recommendation of the Under Secretary for Health.
‘‘(5) The Secretary may designate a center under paragraph
(1) only if the center meets the requirements of subsection (c).
‘‘(c) REQUIREMENTS FOR CENTERS.—To be designated as a center
under this section, a facility shall—
‘‘(1) be a regional lead center for the care of traumatic
brain injury;
‘‘(2) be located at a tertiary care medical center and have
on-site availability of primary and subspecialty medical services
relating to complex multi-trauma;
‘‘(3) have, or have the capacity to develop, the capability
of managing impairments associated with combat injuries;
‘‘(4) be affiliated with a school of medicine;
‘‘(5) have, or have experience with, participation in clinical
research trials;
‘‘(6) provide amputation care and rehabilitation;
‘‘(7) have pain management programs;
‘‘(8) provide comprehensive brain injury rehabilitation; and
‘‘(9) provide comprehensive general rehabilitation.
‘‘(d) ADDITIONAL RESOURCES.—The Secretary shall provide each
center designated under this section such resources as the Secretary
determines to be required by such center to achieve adequate capa-
bility of managing individuals with complex multi-trauma,
including—
‘‘(1) the upgrading of blind rehabilitation services by
employing or securing the services of blind rehabilitation
specialists;
‘‘(2) employing or securing the services of occupational
therapists with blind rehabilitation training;
‘‘(3) employing or securing the services of additional mental
health services providers; and
‘‘(4) employing or securing additional rehabilitation nursing
staff to meet care needs.
‘‘(e) COOPERATION WITH DEPARTMENT OF DEFENSE.—(1) The
Secretary of Veterans Affairs may assist the Secretary of Defense
in the care of members of the Armed Forces with complex multi-
trauma at military treatment facilities by—
‘‘(A) making available, in a manner that the Secretary
of Veterans Affairs considers appropriate, certified rehabilita-
tion registered nurses of the Department of Veterans Affairs
to such facilities to assess and coordinate the care of such
members; and
‘‘(B) making available, in a manner that the Secretary
of Veterans Affairs considers appropriate, blind rehabilitation
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118 STAT. 2385
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specialists of the Department of Veterans Affairs to such facili-
ties to consult with the medical staff of such facilities on the
special needs of such members who have visual impairment
as a consequence of combat injury.
‘‘(2) Assistance shall be provided under this subsection through
agreements for the sharing of health-care resources under section
8111 of this title.
‘‘(f) AWARD OF FUNDING.—Centers designated under this section
may compete for the award of funding from amounts appropriated
for the Department for medical and prosthetics research.
‘‘(g) DISSEMINATION OF INFORMATION.—(1) The Under Secretary
for Health shall ensure that information produced by the centers
designated under this section that may be useful for other activities
of the Veterans Health Administration is disseminated throughout
the Administration.
‘‘(2) Information shall be disseminated under this subsection
through publications, through programs of continuing medical and
related education provided through regional medical education cen-
ters under subchapter VI of chapter 74 of this title, and through
other means.
‘‘(h) NATIONAL OVERSIGHT.—The Under Secretary for Health
shall designate an appropriate officer to oversee the operation of
the centers designated under this section and provide for periodic
evaluation of the centers.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—(1) There are author-
ized to be appropriated to the Department of Veterans Affairs
for the centers designated under this section amounts as follows:
‘‘(A) $7,000,000 for fiscal year 2005.
‘‘(B) $8,000,000 for each of fiscal years 2006 through 2008.
‘‘(2) In addition to amounts authorized to be appropriated by
paragraph (1) for a fiscal year, the Under Secretary for Health
may allocate to each center designated under this section, from
other funds authorized to be appropriated for such fiscal year for
the Department generally for medical and for medical and prosthetic
research, such amounts as the Under Secretary for Health deter-
mines appropriate to carry out the purposes of this section.’’.
(2) The table of sections at the beginning of chapter 73 is
amended by inserting after the item relating to section 7326 the
following new item:
‘‘7327. Centers for research, education, and clinical activities on complex multi-trau-
ma associated with combat injuries.’’.
(b) DESIGNATION
OF CENTERS.—The Secretary of Veterans
Affairs shall designate the centers for research, education, and
clinical activities on complex multi-trauma associated with combat
injuries required by section 7327 of title 38, United States Code
(as added by subsection (a)), not later than 120 days after the
date of the enactment of this Act.
(c) ANNUAL REPORTS.—(1) Not later than eighteen months after
the date of the designation of centers for research, education, and
clinical activities on complex multi-trauma associated with combat
injuries required by section 7327 of title 38, United States Code
(as so added), and annually thereafter through 2008, the Secretary
shall submit to the Committees on Veterans’ Affairs of the Senate
and House of Representatives a report on the status and activities
of such centers during the one-year period beginning on the date
of such designation, for the first such report, and for successive
one-year periods, for subsequent reports.
Deadline.
38 USC 7327
note.
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(2) Each such report shall include, for the period covered by
such report, the following:
(A) A description of the activities carried out at each center,
and the funding provided for such activities.
(B) A description of any advances made in the participating
programs of each center in research, education, training, and
clinical activities on complex multi-trauma associated with com-
bat injuries.
(C) A description of the actions taken by the Under Sec-
retary for Health pursuant to subsection (g) of that section
(as so added) to disseminate throughout the Veterans Health
Administration information derived from such activities.
SEC. 303. ENHANCEMENT OF MEDICAL PREPAREDNESS OF DEPART-
MENT OF VETERANS AFFAIRS.
(a) PEER REVIEW PANEL.—In order to assist the Secretary of
Veterans Affairs in selecting facilities of the Department of Veterans
Affairs to serve as sites for centers under section 7328 of title
38, United States Code, as added by subsection (c), the Secretary
shall establish a peer review panel to assess the scientific and
clinical merit of proposals that are submitted to the Secretary
for the selection of such facilities. The panel shall be established
not later than 90 days after the date of the enactment of this
Act and shall include experts in the fields of toxicological research,
infectious diseases, radiology, clinical care of veterans exposed to
such hazards, and other persons as determined appropriate by
the Secretary. Members of the panel shall serve as consultants
to the Department of Veterans Affairs. Amounts available to the
Secretary for Medical Care may be used for purposes of carrying
out this subsection. The panel shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(b) PROPOSALS.—The Secretary shall solicit proposals for des-
ignation of facilities as described in subsection (a). The announce-
ment of the solicitation of such proposals shall be issued not later
than 60 days after the date of the enactment of this Act, and
the deadline for the submission of proposals in response to such
solicitation shall be not later than 90 days after the date of such
announcement. The peer review panel established under subsection
(a) shall complete its review of the proposals and submit its rec-
ommendations to the Secretary not later than 60 days after the
date of the deadline for the submission of proposals. The Secretary
shall then select the four sites for the location of such centers
not later than 45 days after the date on which the peer review
panel submits its recommendations to the Secretary.
(c) REVISED SECTION.—(1) Subchapter II of chapter 73 is
amended by inserting after section 7327, as added by section
302(a)(1) of this Act, a new section with—
(A) a heading as follows:
‘‘§ 7328. Medical preparedness centers’’; and
(B) a text consisting of the text of subsections (a) through
(h) of section 7325 of title 38, United States Code, and a
subsection (i) at the end as follows:
‘‘(i) FUNDING.—(1) There are authorized to be appropriated
for the centers under this section $10,000,000 for each of fiscal
years 2005 through 2007.
Deadlines.
38 USC 7328
note.
Deadline.
Establishment.
38 USC 7328
note.
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‘‘(2) In addition to any amounts appropriated for a fiscal year
specifically for the activities of the centers pursuant to paragraph
(1), the Under Secretary for Health shall allocate to the centers
from other funds appropriated for that fiscal year generally for
the Department medical care account and the Department medical
and prosthetic research account such amounts as the Under Sec-
retary determines necessary in order to carry out the purposes
of this section.’’.
(2) The table of sections at the beginning of chapter 73 is
amended by inserting after the item relating to section 7327, as
added by section 302(a)(2) of this Act, the following new item:
‘‘7328. Medical preparedness centers.’’.
TITLE IV—MEDICAL FACILITIES
MANAGEMENT AND ADMINISTRATION
Subtitle A—Major Medical Facility Leases
SEC. 401. MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may enter into contracts
for major medical facility leases at the following locations, in an
amount for each facility lease not to exceed the amount shown
for that location:
(1) 
Wilmington, 
North 
Carolina, 
Outpatient 
Clinic,
$1,320,000.
(2) 
Greenville, 
North 
Carolina, 
Outpatient 
Clinic,
$1,220,000.
(3) Norfolk, Virginia, Outpatient Clinic, $1,250,000.
(4) Summerfield, Florida, Marion County Outpatient Clinic,
$1,230,000.
(5) Knoxville, Tennessee, Outpatient Clinic, $850,000.
(6) Toledo, Ohio, Outpatient Clinic, $1,200,000.
(7) Crown Point, Indiana, Outpatient Clinic, $850,000.
(8) Fort Worth, Texas, Tarrant County Outpatient Clinic,
$3,900,000.
(9) Plano, Texas, Collin County Outpatient Clinic,
$3,300,000.
(10) San Antonio, Texas, Northeast Central Bexar County
Outpatient Clinic, $1,400,000.
(11) Corpus Christi, Texas, Outpatient Clinic, $1,200,000.
(12) Harlingen, Texas, Outpatient Clinic, $650,000.
(13) Denver, Colorado, Health Administration Center,
$1,950,000.
(14) Oakland, California, Outpatient Clinic, $1,700,000.
(15) San Diego, California, North County Outpatient Clinic,
$1,300,000.
(16) San Diego, California, South County Outpatient Clinic,
$1,100,000.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of
Veterans Affairs for fiscal year 2005 for the Medical Care account,
$24,420,000 for the leases authorized in section 401.
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SEC. 403. AUTHORITY FOR LONG-TERM LEASE OF CERTAIN LANDS
OF UNIVERSITY OF COLORADO.
Notwithstanding section 8103 of title 38, United States Code,
the Secretary of Veterans Affairs may enter into a lease for real
property located at the Fitzsimmons Campus of the University
of Colorado for purposes of a medical facility (as that term is
defined in section 8101 of title 38, United States Code) for a period
of up to 75 years.
Subtitle B—Facilities Management
SEC. 411. DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET FUND.
(a) ESTABLISHMENT OF FUND.—(1) Subchapter I of chapter 81
is amended by adding at the end the following new section:
‘‘§ 8118. Authority for transfer of real property; Department
of Veterans Affairs Capital Asset Fund
‘‘(a)(1) The Secretary may transfer real property under the
jurisdiction or control of the Secretary (including structures and
equipment associated therewith) to another department or agency
of the United States, to a State (or a political subdivision of a
State), or to any public or private entity, including an Indian
tribe. Such a transfer may be made only if the Secretary receives
compensation of not less than the fair market value of the property,
except that no compensation is required, or compensation at less
than fair market value may be accepted, in the case of a transfer
to a grant and per diem provider (as defined in section 2002 of
this title). When a transfer is made to a grant and per diem
provider for less than fair market value, the Secretary shall require
in the terms of the conveyance that if the property transferred
is used for any purpose other than a purpose under chapter 20
of this title, all right, title, and interest to the property shall
revert to the United States.
‘‘(2) The Secretary may exercise the authority provided by this
section notwithstanding sections 521, 522, and 541 through 545
of title 40. Any such transfer shall be in accordance with this
section and section 8122 of this title.
‘‘(3) The authority provided by this section may not be used
in a case to which section 8164 of this title applies.
‘‘(4) The Secretary may enter into partnerships or agreements
with public or private entities dedicated to historic preservation
to facilitate the transfer, leasing, or adaptive use of structures
or properties specified in subsection (b)(3)(D).
‘‘(5) The authority of the Secretary under paragraph (1) expires
on the date that is seven years after the date of the enactment
of this section.
‘‘(b)(1) There is established in the Treasury of the United States
a revolving fund to be known as the Department of Veterans Affairs
Capital Asset Fund (hereinafter in this section referred to as the
‘Fund’). Amounts in the Fund shall remain available until expended.
‘‘(2) Proceeds from the transfer of real property under this
section shall be deposited into the Fund.
‘‘(3) To the extent provided in advance in appropriations Acts,
amounts in the Fund may be expended for the following purposes:
‘‘(A) Costs associated with the transfer of real property
under this section, including costs of demolition, environmental
Expiration date.
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118 STAT. 2389
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remediation, maintenance and repair, improvements to facili-
tate the transfer, and administrative expenses.
‘‘(B) Costs, including costs specified in subparagraph (A),
associated with future transfers of property under this section.
‘‘(C) Costs associated with enhancing medical care services
to veterans by improving, renovating, replacing, updating, or
establishing patient care facilities through construction projects
to be carried out for an amount less than the amount specified
in 8104(a)(3)(A) for a major medical facility project.
‘‘(D) Costs, including costs specified in subparagraph (A),
associated with the transfer, lease, or adaptive use of a struc-
ture or other property under the jurisdiction of the Secretary
that is listed on the National Register of Historic Places.
‘‘(c) The Secretary shall include in the budget justification mate-
rials submitted to Congress for any fiscal year in support of the
President’s budget for that fiscal year for the Department specifica-
tion of the following:
‘‘(1) The real property transfers to be undertaken in accord-
ance with this section during that fiscal year.
‘‘(2) All transfers completed under this section during the
preceding fiscal year and completed and scheduled to be com-
pleted during the fiscal year during which the budget is sub-
mitted.
‘‘(3) The deposits into, and expenditures from, the Fund
that are incurred or projected for each of the preceding fiscal
year, the current fiscal year, and the fiscal year covered by
the budget.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 8117
the following new item:
‘‘8118. Authority for transfer of real property; Department of Veterans Affairs Cap-
ital Asset Fund.’’.
(b) INITIAL
AUTHORIZATION
OF
APPROPRIATIONS.—There is
authorized to be appropriated to the Department of Veterans Affairs
Capital Asset Fund established under section 8118 of title 38,
United States Code (as added by subsection (a)), the amount of
$10,000,000.
(c) TERMINATION OF NURSING HOME REVOLVING FUND.—(1) Sec-
tion 8116 is repealed.
(2) The table of sections at the beginning of chapter 81 is
amended by striking the item relating to section 8116.
(d) TRANSFER OF UNOBLIGATED BALANCES TO CAPITAL ASSET
FUND.—Any unobligated balances in the nursing home revolving
fund under section 8116 of title 38, United States Code, as of
the date of the enactment of this Act shall be deposited in the
Department of Veterans Affairs Capital Asset Fund established
under section 8118 of title 38, United States Code (as added by
subsection (a)).
(e) PROCEDURES APPLICABLE TO TRANSFERS.—(1) Paragraph (2)
of section 8122(a) is amended to read as follows:
‘‘(2) Except as provided in paragraph (3), the Secretary may
not during any fiscal year transfer to any other department or
agency of the United States or to any other entity real property
that is owned by the United States and administered by the Sec-
retary unless the proposed transfer is described in the budget
submitted to Congress pursuant to section 1105 of title 31 for
that fiscal year.’’.
38 USC 8118
note.
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(2) Section 8122(d) is amended—
(A) by inserting ‘‘(1)’’ before ‘‘Real property’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) The Secretary may transfer real property under this sec-
tion, or under section 8118 of this title, if the Secretary—
‘‘(A) places a notice in the real estate section of local news-
papers and in the Federal Register of the Secretary’s intent
to transfer that real property (including land, structures, and
equipment associated with the property);
‘‘(B) holds a public hearing;
‘‘(C) provides notice to the Administrator of General Serv-
ices of the Secretary’s intention to transfer that real property
and waits for 30 days to elapse after providing that notice;
and
‘‘(D) after such 30-day period has elapsed, notifies the
congressional veterans’ affairs committees of the Secretary’s
intention to dispose of the property and waits for 60 days
to elapse from the date of that notice.’’.
(3) Section 8164(a) is amended by inserting ‘‘8118 or’’ after
‘‘rather than under section’’.
(4) Section 8165(a)(2) is amended by striking ‘‘nursing home
revolving fund’’ and inserting ‘‘Department of Veterans Affairs Cap-
ital Asset Fund established under section 8118 of this title’’.
(f) CONTINGENT
EFFECTIVENESS.—Subsection (d) and the
amendments made by subsection (c) shall take effect at the end
of the 30-day period beginning on the date on which the Secretary
of Veterans Affairs certifies to Congress that the Secretary is in
compliance with subsection (b) of section 1710B of title 38, United
States Code.
(g) ANNUAL UPDATE.—Following a certification under sub-
section (f), the Secretary shall submit to Congress an annual update
on that certification.
SEC. 412. ANNUAL REPORT TO CONGRESS ON INVENTORY OF DEPART-
MENT OF VETERANS AFFAIRS HISTORIC PROPERTIES.
(a) IN GENERAL.—Not later than December 15 of 2005, 2006,
and 2007, the Secretary of Veterans Affairs shall submit to the
Committees on Veterans’ Affairs of the Senate and House of Rep-
resentatives a report on the historic properties administered or
controlled by the Secretary.
(b) INITIAL REPORT.—In the initial report under subsection
(a), the Secretary shall set forth a complete inventory of the historic
structures and property under the jurisdiction of the Secretary.
The report shall include a description and classification of each
such property based upon historical nature, current physical condi-
tion, and potential for transfer, leasing, or adaptive use.
(c) SUBSEQUENT REPORTS.—In reports under subsection (a) after
the initial report, the Secretary shall provide an update of the
status of each property identified in the initial report, with the
proposed and actual disposition, if any, of each property. Each
such report shall include any recommendation of the Secretary
for legislation to enhance the transfer, leasing, or adaptive use
of such properties.
SEC. 413. AUTHORITY TO ACQUIRE AND TRANSFER REAL PROPERTY
FOR USE FOR HOMELESS VETERANS.
(a) AUTHORITY.—Upon identification of a parcel of real property
meeting the description in subsection (b), the Secretary of Veterans
38 USC 1710B
note.
Certification.
Effective date.
38 USC 1710B
note.
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Affairs may acquire that property (with the structures and improve-
ments thereon) or, in the case of property owned by the United
States and administered by another Federal department or agency,
may accept administrative jurisdiction over that property, with
the expectation of promptly transferring that property to a homeless
assistance provider identified under paragraph (2) of subsection
(b), subject to the condition that the primary purpose for which
the property shall be used is to provide housing for homeless
veterans.
(b) SPECIFIED PROPERTY.—A parcel of real property referred
to in subsection (a) is a parcel in the District of Columbia—
(1) that the Secretary determines to be suitable for use
for housing for homeless veterans; and
(2) for which there is an identified homeless assistance
provider that is prepared to acquire the property for such
purpose from the Secretary promptly upon the acquisition of
the property by the Secretary.
(c) TRANSFER
OF PROPERTY.—Upon acquiring real property
under subsection (a), the Secretary shall immediately transfer all
right, title, and interest of the United States (other than the rever-
sionary interest retained under subsection (e)) to the homeless
assistance provider identified under subsection (b)(2). Such transfer
shall be for such consideration as the Secretary determines appro-
priate.
(d) TERMS AND CONDITIONS.—The acquisition and transfer of
real property under this section shall be made upon such terms
and conditions as the Secretary may specify not inconsistent with
other applicable provisions of law.
(e) REVERTER.—The terms of the transfer shall provide that
if the property is no longer used for the purpose for which conveyed
by the Secretary, title to the property shall revert to the United
States.
SEC. 414. LIMITATION ON IMPLEMENTATION OF MISSION CHANGES
FOR SPECIFIED VETERANS HEALTH ADMINISTRATION
FACILITIES.
(a) LIMITATION.—The Secretary of Veterans Affairs may not
implement a mission change for a medical facility of the Department
of Veterans Affairs specified in subsection (c) until—
(1) the Secretary submits to the Committees on Veterans’
Affairs of the Senate and House of Representatives a written
notice of the mission change; and
(2) the period prescribed by subsection (b) has elapsed.
(b) CONGRESSIONAL REVIEW PERIOD.—(1) The period referred
to in subsection (a)(2) is the period beginning on the date of the
receipt of the notice under subsection (a)(1) by the committees
specified in that subsection and ending on the later of—
(A) the end of the 60-day period beginning on the date
on which the notice is received by those committees; or
(B) the end of a period of 30 days of continuous session
of Congress beginning on the date on which the notification
is received by those committees or, if either House of Congress
is not in session on such date, the first day after such date
that both Houses of Congress are in session.
(2) For the purposes of paragraph (1)(B)—
(A) the continuity of a session of Congress is broken only
by an adjournment of Congress sine die; and
Notice.
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(B) 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.
(c) SPECIFIED FACILITIES.—A facility referred to in subsection
(a) as being specified in this subsection is any of the following
facilities of the Department of Veterans Affairs:
(1) The Department of Veterans Affairs medical centers
in Boston, Massachusetts.
(2) The Department of Veterans Affairs medical centers
in New York City, New York.
(3) The Department of Veterans Affairs medical center
in Big Spring, Texas.
(4) The Carl Vinson Department of Veterans Affairs Med-
ical Center, Dublin, Georgia.
(5) The Department of Veterans Affairs medical center
in Montgomery, Alabama.
(6) The Department of Veterans Affairs medical center
in Louisville, Kentucky.
(7) The Department of Veterans Affairs medical center
in Muskogee, Oklahoma, and the outpatient clinic in Tulsa,
Oklahoma.
(8) The John J. Pershing Department of Veterans Affairs
Medical Center, Poplar Bluff, Missouri.
(9) The Department of Veterans Affairs medical center
in Ft. Wayne, Indiana.
(10) The Department of Veterans Affairs Medical Center
in Waco, Texas.
(11) The Jonathan M. Wainwright Department of Veterans
Affairs Medical Center, Walla Walla, Washington.
(d) COVERED MISSION CHANGES.—For purposes of this section,
a mission change for a medical facility shall consist of any of
the following:
(1) Closure of the facility.
(2) Consolidation of the facility.
(3) An administrative reorganization of the facility covered
by section 510(b) of title 38, United States Code.
(e) REQUIRED CONTENT OF NOTICE OF MISSION CHANGE.—Writ-
ten notice of a mission change for a medical facility under subsection
(a) shall include the following:
(1) An assessment of the effect of the mission change on
the population of veterans served by the facility.
(2) A description of the availability and quality of health
care, including long-term care, mental health care, and sub-
stance abuse programs, available in the area served by the
facility.
(3) An assessment of the effect of the mission change on
the economy of the community in which the facility is located.
(4) An analysis of any alternatives to the mission change
proposed by—
(A) the community in which the facility is located;
(B) organizations recognized by the Secretary under
section 5902 of title 38, United States Code;
(C) 
organizations 
that 
represent 
Department
employees in such community; or
(D) the Department.
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(f) MEDICAL FACILITY CONSOLIDATION.—For the purposes of
subsection (d)(2), the term ‘‘consolidation’’ means an action that
closes one or more medical facilities within a geographic service
area for the purpose of relocating those activities to another medical
facility or facilities.
(g) COORDINATION OF PROVISIONS.—In the case of a mission
change covered by subsection (a) that is also an administrative
reorganization covered by section 510(b) of title 38, United States
Code, both this section and such section 510(b) shall apply with
respect to the implementation of that mission change.
SEC. 415. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR
RELOCATE 
SURFACE 
PARKING 
INCIDENTAL 
TO 
A
CONSTRUCTION 
OR 
NONRECURRING 
MAINTENANCE
PROJECT.
Section 8109 is amended by adding at the end the following
new subsection:
‘‘(j) Funds in a construction account or capital account that
are available for a construction project or a nonrecurring mainte-
nance project may be used for the construction or relocation of
a surface parking lot incidental to that project.’’.
SEC. 416. INAPPLICABILITY OF LIMITATION ON USE OF ADVANCE
PLANNING FUNDS TO AUTHORIZED MAJOR MEDICAL
FACILITY PROJECTS.
Section 8104 is amended by adding at the end the following
new subsection:
‘‘(g) The limitation in subsection (f) does not apply to a project
for which funds have been authorized by law in accordance with
subsection (a)(2).’’.
SEC. 417. IMPROVEMENTS TO ENHANCED-USE LEASE AUTHORITY.
Section 8166(a) is amended by inserting ‘‘land use,’’ in the
second sentence after ‘‘relating to’’.
SEC. 418. FIRST OPTION FOR COMMONWEALTH OF KENTUCKY ON
DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER,
LOUISVILLE, KENTUCKY.
(a) REQUIREMENT.—Upon determining to convey, lease, or
otherwise dispose of the Department of Veterans Affairs Medical
Center, Louisville, Kentucky, or any portion thereof, the Secretary
of Veterans Affairs shall engage in negotiations for the conveyance,
lease, or other disposal of the Medical Center or portion thereof
solely with the Commonwealth of Kentucky.
(b) DURATION OF REQUIREMENT.—The requirement for negotia-
tions under subsection (a) shall remain in effect for one year after
the date of the determination referred to in that subsection.
(c) SCOPE
OF NEGOTIATIONS.—The negotiations under sub-
section (a) shall address the use of the medical center referred
to in subsection (a), or portion thereof, by the Commonwealth of
Kentucky for the primary purpose of the provision of services for
veterans and related activities, including use for a State veterans’
home.
SEC. 419. TRANSFER OF JURISDICTION, GENERAL SERVICES ADMINIS-
TRATION PROPERTY, BOISE, IDAHO.
(a) TRANSFER.—The Administrator of General Services shall
transfer to the Secretary of Veterans Affairs, under such terms
Applicability.
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118 STAT. 2394
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and conditions as the Administrator and the Secretary agree, juris-
diction, custody, and control over the parcel of real property,
including any improvements thereon, consisting of approximately
2.3 acres located at the General Services Administration facility
immediately north of the Army Reserve facility in Boise, Idaho.
(b) UTILIZATION.—The Secretary of Veterans Affairs shall utilize
the property transferred under subsection (a) for purposes relating
to the delivery of benefits to veterans.
Subtitle C—Designation of Facilities
SEC. 421. THOMAS E. CREEK DEPARTMENT OF VETERANS AFFAIRS
MEDICAL CENTER.
(a) IN GENERAL.—The Department of Veterans Affairs medical
center in Amarillo, Texas, shall after the date of the enactment
of this Act be known and designated as the ‘‘Thomas E. Creek
Department of Veterans Affairs Medical Center’’.
(b) REFERENCES.—Any reference in any law, regulation, map,
document, record, or other paper of the United States to the medical
center referred to in subsection (a) shall be considered to be a
reference to the Thomas E. Creek Department of Veterans Affairs
Medical Center.
SEC. 422. JAMES J. PETERS DEPARTMENT OF VETERANS AFFAIRS MED-
ICAL CENTER.
(a) IN GENERAL.—The Department of Veterans Affairs medical
center in the Bronx, New York, shall after the date of the enactment
of this Act be known and designated as the ‘‘James J. Peters
Department of Veterans Affairs Medical Center’’.
(b) REFERENCES.—Any reference in any law, regulation, map,
document, record, or other paper of the United States to the medical
center referred to in subsection (a) shall be considered to be a
reference to the James J. Peters Department of Veterans Affairs
Medical Center.
SEC. 423. BOB MICHEL DEPARTMENT OF VETERANS AFFAIRS OUT-
PATIENT CLINIC.
(a) IN GENERAL.—The Department of Veterans Affairs out-
patient clinic located in Peoria, Illinois, shall after the date of
the enactment of this Act be known and designated as the ‘‘Bob
Michel Department of Veterans Affairs Outpatient Clinic’’.
(b) REFERENCES.—Any reference in any law, regulation, map,
document, record, or other paper of the United States to the out-
patient clinic referred to in subsection (a) shall be considered to
be a reference to the Bob Michel Department of Veterans Affairs
Outpatient Clinic.
SEC. 424. CHARLES WILSON DEPARTMENT OF VETERANS AFFAIRS OUT-
PATIENT CLINIC.
(a) IN GENERAL.—The Department of Veterans Affairs out-
patient clinic located in Lufkin, Texas, shall after the date of
the enactment of this Act be known and designated as the ‘‘Charles
Wilson Department of Veterans Affairs Outpatient Clinic’’.
(b) REFERENCES.—Any reference in any law, regulation, map,
document, record, or other paper of the United States to the out-
patient clinic referred to in subsection (a) shall be considered to
Texas.
Illinois.
New York.
Texas.
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118 STAT. 2395
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be a reference to the Charles Wilson Department of Veterans Affairs
Outpatient Clinic.
SEC. 425. THOMAS P. NOONAN, JR. DEPARTMENT OF VETERANS
AFFAIRS OUTPATIENT CLINIC.
(a) IN GENERAL.—The Department of Veterans Affairs out-
patient clinic in Sunnyside, Queens, New York, shall after the
date of the enactment of this Act be known and designated as
the ‘‘Thomas P. Noonan, Jr. Department of Veterans Affairs Out-
patient Clinic’’.
(b) REFERENCES.—Any reference in any law, map, regulation,
document, paper, or other record of the United States to the out-
patient clinic referred to in subsection (a) shall be considered to
be a reference to the Thomas P. Noonan, Jr. Department of Veterans
Affairs Outpatient Clinic.
TITLE V—PERSONNEL
ADMINISTRATION
SEC. 501. PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT
TOOLS TO ADDRESS NURSING SHORTAGES AT DEPART-
MENT OF VETERANS AFFAIRS HEALTH CARE FACILITIES.
(a) PILOT PROGRAM.—(1) Not later than 90 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall designate a health care service region, or a section within
such a region, in which health care facilities of the Department
of Veterans Affairs are adversely affected by a shortage of qualified
nurses.
(2) The Secretary shall conduct a pilot program in the region
or section designated under paragraph (1) to determine the effective-
ness of the use of innovative human capital tools and techniques
in the recruitment of qualified nurses for positions at Department
health care facilities in such region or section and for the retention
of nurses at such facilities. In carrying out the pilot program,
the Secretary shall enter into a contract with a private sector
entity for services under the pilot program for recruitment of quali-
fied nurses.
(b) PRIVATE SECTOR RECRUITMENT PRACTICES.—For purposes
of the pilot program under this section, the Secretary shall identify
and use recruitment practices that have proven effective for placing
qualified individuals in positions that are difficult to fill due to
shortages of qualified individuals or other factors. Recruitment prac-
tices to be reviewed by the Secretary for use in the pilot program
shall include—
(1) employer branding and interactive advertising strate-
gies;
(2) Internet technologies and automated staffing systems;
and
(3) the use of recruitment, advertising, and communication
agencies.
(c) STREAMLINED HIRING PROCESS.—In carrying out the pilot
program under this section, the Secretary shall, at health care
facilities of the Department in the region or section in which the
pilot program is conducted, revise procedures and systems for
selecting and hiring qualified nurses to reduce the length of the
hiring process. If the Secretary identifies measures to streamline
Deadline.
38 USC 7451
note.
New York.
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118 STAT. 2396
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and automate the hiring process that can only be implemented
if authorized by law, the Secretary shall submit to the Committees
on Veterans’ Affairs of the Senate and House of Representatives
recommendations for such changes in law as may be necessary
to enable such measures to be implemented.
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Veterans’ Affairs of the Senate and House of Representatives
a report on the extent to which the pilot program achieved the
goal of improving the recruitment and retention of nurses in Depart-
ment of Veterans Affairs health care facilities.
SEC. 502. TECHNICAL CORRECTION TO LISTING OF CERTAIN HYBRID
POSITIONS IN VETERANS HEALTH ADMINISTRATION.
Section 7401(3) is amended—
(1) by striking ‘‘and dental technologists’’ and inserting
‘‘technologists, dental hygienists, dental assistants’’; and
(2) by striking ‘‘technicians, therapeutic radiologic techni-
cians, and social workers’’ and inserting ‘‘technologists, thera-
peutic radiologic technologists, social workers, blind rehabilita-
tion specialists, and blind rehabilitation outpatient specialists’’.
SEC. 503. UNDER SECRETARY FOR HEALTH.
Section 305(a)(2) is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘shall be a doctor of medicine and’’; and
(2) in subparagraph (A), by striking ‘‘and in health-care’’
and inserting ‘‘or in health-care’’.
TITLE VI—OTHER MATTERS
SEC. 601. EXTENSION AND CODIFICATION OF AUTHORITY FOR
RECOVERY AUDITS.
Section 1703 is amended by adding at the end the following
new subsection:
‘‘(d)(1) The Secretary shall conduct a program of recovery audits
for fee basis contracts and other medical services contracts for
the care of veterans under this section, and for beneficiaries under
sections 1781, 1782, and 1783 of this title, with respect to overpay-
ments resulting from processing or billing errors or fraudulent
charges in payments for non-Department care and services. The
program shall be conducted by contract.
‘‘(2) Amounts collected, by setoff or otherwise, as the result
of an audit under the program conducted under this subsection
shall be available for the purposes for which funds are currently
available to the Secretary for medical care and for payment to
a contractor of a percentage of the amount collected as a result
of an audit carried out by the contractor.
‘‘(3) The Secretary shall allocate all amounts collected under
this subsection with respect to a designated geographic service
area of the Veterans Health Administration, net of payments to
the contractor, to that region.
‘‘(4) The authority of the Secretary under this subsection termi-
nates on September 30, 2008.’’.
Termination
date.
Contracts.
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SEC. 602. INVENTORY OF MEDICAL WASTE MANAGEMENT ACTIVITIES
AT DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
FACILITIES.
(a) INVENTORY.—The Secretary of Veterans Affairs shall estab-
lish and maintain a national inventory of medical waste manage-
ment activities in the health care facilities of the Department
of Veterans Affairs. The inventory shall include the following:
(1) A statement of the current national policy of the Depart-
ment on managing and disposing of medical waste, including
regulated medical waste in all its forms.
(2) A description of the program of each geographic service
area of the Department to manage and dispose of medical
waste, including general medical waste and regulated medical
waste, with a description of the primary methods used in those
programs and the associated costs of those programs, with
cost information shown separately for in-house costs (including
full-time equivalent employees) and contract costs.
(b) REPORT.—Not later than June 30, 2005, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans’
Affairs of the Senate and House of Representatives a report on
medical waste management activities in the facilities of the Depart-
ment of Veterans Affairs. The report shall include the following:
(1) The inventory established under subsection (a),
including all the matters specified in that subsection.
(2) A listing of each violation of medical waste management
and disposal regulations reported at any health care facility
of the Department over the preceding five years by any Federal
or State agency, along with an explanation of any remedial
or other action taken by the Secretary in response to each
such reported violation.
(3) A description of any plans to modernize, consolidate,
or otherwise improve the management of medical waste and
disposal programs at health care facilities of the Department,
including the projected costs associated with such plans and
any barriers to achieving goals associated with such plans.
(4) An assessment or evaluation of the available methods
of disposing of medical waste and identification of which of
those methods are more desirable from an environmental
perspective in that they would be least likely to result in
contamination of air or water or otherwise cause future cleanup
problems.
SEC. 603. INCLUSION OF ALL ENROLLED VETERANS AMONG PERSONS
ELIGIBLE TO USE CANTEENS OPERATED BY VETERANS’
CANTEEN SERVICE.
The text of section 7803 is amended to read as follows:
‘‘(a) PRIMARY
BENEFICIARIES.—Canteens operated by the
Service shall be primarily for the use and benefit of—
‘‘(1) veterans hospitalized or domiciled at the facilities at
which canteen services are provided; and
‘‘(2) other veterans who are enrolled under section 1705
of this title.
‘‘(b) OTHER AUTHORIZED USERS.—Service at such canteens may
also be furnished to—
‘‘(1) personnel of the Department and recognized veterans’
organizations who are employed at a facility at which canteen
services are provided and to other persons so employed;
38 USC 8110
note.
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PUBLIC LAW 108–422—NOV. 30, 2004
‘‘(2) the families of persons referred to in paragraph (1)
who reside at the facility; and
‘‘(3) relatives and other persons while visiting a person
specified in this section.’’.
SEC. 604. ANNUAL REPORTS ON WAITING TIMES FOR APPOINTMENTS
FOR SPECIALTY CARE.
(a) ANNUAL REPORTS.—Not later than January 31 each year
through 2007, the Secretary of Veterans Affairs shall submit to
the Committees on Veterans’ Affairs of the Senate and the House
of Representatives a report on waiting times for appointments for
specialty health care from the Department of Veterans Affairs under
chapter 17 of title 38, United States Code, during the preceding
year.
(b) REPORT ELEMENTS.—Each report under subsection (a) shall
specify, for the year covered by the report, the following:
(1) A tabulation of the number of veterans whose appoint-
ment for specialty health care furnished by the Department
was more than three months after the date of the scheduling
of such appointment, and the waiting times of such veterans
for such appointments, for each category of specialty care fur-
nished by the Department, broken out by Veterans Integrated
Service Network.
(2) An identification of the categories of specialty care
furnished by the Department for which there were delays of
more than three months between the scheduling date of
appointments and appointments in each Veterans Integrated
Service Network.
(3) A discussion of the reasons for the delays identified
under paragraph (2) for each category of care for each Veterans
Integrated Service Network so identified, including lack of per-
sonnel, financial resources, or other resources.
(c) CERTIFICATION ON REPORT INFORMATION.—The Comptroller
General of the United States shall certify to the committees of
Congress referred to in subsection (a) whether or not each report
under this section is accurate.
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PUBLIC LAW 108–422—NOV. 30, 2004
LEGISLATIVE HISTORY—H.R. 3936 (S. 2485):
HOUSE REPORTS: No. 108–574, Pt. 1 (Comm. on Veterans’ Affairs).
SENATE REPORTS: No. 108–358 accompanying S. 2485 (Comm. on Veterans’ Af-
fairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 20, considered and passed House.
Oct. 9, considered and passed Senate, amended, in lieu of S. 2485.
Nov. 17, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 1, Presidential statement.
SEC. 605. TECHNICAL CLARIFICATION.
Section 8111(d)(2) is amended by inserting before the period
at the end of the last sentence the following: ‘‘and shall be available
for any purpose authorized by this section’’.
Approved November 30, 2004.
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