S.Amdt. 2204Senate108th Congress (2003-2005)
To amend the title.
Sponsored by
Sen. Arlen Specter (R-PA)
Submitted November 19, 2003
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Senate amendment submitted
November 19, 2003
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Senate amendment submitted
November 19, 2003
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Senate amendment agreed to: Amendment SA 2204 agreed to in Senate by Unanimous Consent.
November 19, 2003
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Senate amendment proposed (on the floor): Amendment SA 2204 proposed by Senator Thomas for Senator Specter.(consideration: CR S15132-15133)
November 19, 2003
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Amendment SA 2204 proposed by Senator Thomas for Senator Specter. (consideration: CR S15132-15133) To amend the title.
November 19, 2003
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Amendment SA 2204 agreed to in Senate by Unanimous Consent.
November 19, 2003
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TEXT OF AMENDMENTS SA 2203. Mr. THOMAS (for Mr. Specter (for himself and Mr. Graham of Florida)) proposed an amendment to the bill S. 1156, to amend title 38, United States Code, to improve and enhance the 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 authorities relating to the administration of personnel of the Department of Veterans Affairs, and for other purposes; as follows: Strike all after the enacting clause and insert the following: 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 Department of Defense chemical and biological warfare testing. Sec. 103. Eligibility for Department of Veterans Affairs health care for certain Filipino 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 services 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. 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, Chicago, Illinois, as 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. 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. [[Page S15193]] 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 personnel 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 workers in the Veterans Health Administration. Sec. 304. Coverage of employees of Veterans' Canteen Service under additional employment 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 purchases. 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''. SEC. 102. PROVISION OF HEALTH CARE TO VETERANS WHO PARTICIPATED 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 participated in a test conducted by the Department of Defense Deseret Test Center as part of a program for chemical and biological warfare testing from 1962 through 1973 (including the program designated as `Project Shipboard Hazard and Defense (SHAD)' and related land-based tests) is eligible for hospital care, medical services, and nursing home care under subsection (a)(2)(F) for any illness, notwithstanding that there is insufficient medical evidence to conclude that such illness is attributable to such testing.''; (2) in paragraph (2)(B)-- (i) by striking out ``paragraph (1)(C) or (1)(D)'' and inserting ``subparagraph (C), (D), or (E) of paragraph (1)''; and (ii) by striking ``service described in that paragraph'' and inserting ``service or testing described in such subparagraph''; 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 subparagraph: ``(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 VETERANS 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 conditions, 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 considered 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 Commonwealth 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)''. (b) Expansion of Authorized Rehabilitative Services.--(1) Section 1718 is amended-- (A) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (B) by inserting after subsection (c) the following new subsection (d): ``(d) In providing to a veteran rehabilitative services under this chapter, the Secretary may furnish the veteran with the following: ``(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 participating 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 subparagraph 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 section is amended by inserting ``or agreement'' after ``contract'' each place it appears. SEC. 106. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF NONINSTITUTIONAL 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,''. (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 additional designated health care region of the Department selected by the Secretary for purposes of this section. ``(B) Notwithstanding subsection (f), the authority of the Secretary 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 SPECIALIZED 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 subparagraph: ``(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.''. [[Page S15194]] (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 are not allocated through the Veterans Equitable Resource Allocation 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 designation'' 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 subparagraph (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 ``Secretary determines''; and (B) by striking ``Secretary and the Administrator consider'' 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: ``Sec. 8163. Hearing and notice requirements regarding proposed 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 accessibility, and (B) establishment of a consolidated medical research facility at that facility, in an amount not to exceed $50,000,000. (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, Massachusetts, in an amount not to exceed $2,879,000. SEC. 213. ADVANCE PLANNING AUTHORIZATIONS. The Secretary of Veterans Affairs may carry out advance planning 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 section 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. Subtitle C--Capital Asset Realignment for Enhanced Services Initiative SEC. 221. AUTHORIZATION OF MAJOR CONSTRUCTION PROJECTS IN CONNECTION WITH CAPITAL ASSET REALIGNMENT INITIATIVE. (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 [[Page S15195]] systems and utilities, or enhancement of clinical support 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 subsection (a) after September 30, 2006. SEC. 222. ADVANCE NOTIFICATION OF CAPITAL ASSET REALIGNMENT ACTIONS. (a) Requirement for Advance Notification.--If the Secretary of Veterans Affairs approves a recommendation resulting from the Capital Asset Realignment for Enhanced Services initiative, then before taking any action resulting from that recommendation 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 subsection (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 veterans 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. (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 Washington: 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 Authorities.-- 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 CAROLINA 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 following: (A) Integration with the Medical University of South Carolina of some or all of the services referred to in subsection (a) through contribution to the 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 Carolina. (c) Consultation With Secretary of Defense.--The Secretary of Veterans Affairs shall consult with the Secretary of Defense in carrying out the study under this section. Such consultation 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 recommendations 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 MEDICAL 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, document, record, or other paper of the United States shall be considered 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 [[Page S15196]] 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-- (A) by striking paragraph (2) and inserting the following new paragraph (2): ``(2) Scientific and professional personnel, such as microbiologists, 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, medical records technicians, medical and dental technologists, nuclear medicine technologists, occupational therapists, occupational therapy assistants, kinesiotherapists, orthotist-prosthetists, pharmacists, pharmacy technicians, physical therapy assistants, prosthetic representatives, psychologists, diagnostic radiologic technicians, therapeutic radiologic technicians, and social workers.''. (2) Personnel appointed to the Veterans Health Administration before the date of the enactment of this Act who are in an occupational 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 advancement of an occupational category of employees under paragraph (1), the Secretary shall provide to exclusive employee representatives of such occupational category of employees a written description 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. ``(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 proposed system of promotion and advancement under that paragraph, the Secretary shall determine whether or not to accept the recommendations, either in whole or in part. If the Secretary determines not to accept all or part of the recommendations, the Secretary shall-- ``(A) notify the congressional veterans' affairs committees of the recommendations and of the portion of the recommendations that the Secretary has determined not to accept; ``(B) meet and confer with such exclusive employee representatives, 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 committees 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 implement 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 paragraph, 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 exclusive 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 ``(B) provide exclusive employee representatives appropriate access to information to ensure that the participation of such exclusive employee representative in activities under subparagraph (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 representatives 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 recognition, the Secretary may develop procedures for input from representatives 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 appropriate, 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)-- [[Page S15197]] (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 ``medical'' and inserting ``health''; and (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 paragraph (10): ``(10) Chiropractor.--To be eligible to be appointed to a chiropractor position, a person must-- ``(A) hold the degree of doctor of chiropractic, or its equivalent, 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 Contracting 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 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 paragraphs (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 subsections (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 ``Contracts 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: ``Sec. 7307. Office of Research Oversight ``(a) Requirement for Office.--(1) There is in the Veterans Health Administration an Office of Research Oversight (hereinafter in this section referred to as the `Office'). The Office shall advise the Under Secretary for Health on matters of compliance and assurance in human subjects protections, research safety, and research impropriety and misconduct. The Office shall function independently of entities within the Veterans Health Administration with responsibility for the conduct of medical research programs. ``(2) The Office shall-- ``(A) monitor, review, and investigate matters of medical research compliance and assurance in the Department with respect to human subjects 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 programs. ``(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 programs. ``(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 recommendation is warranted, the Director may recommend to the Under Secretary that a Department research activity be terminated, suspended, 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 suspended or, as appropriate and specified by the Director, be limited. ``(d) General Functions.--(1) The Director shall conduct periodic inspections and reviews, as the Director determines appropriate, of medical research programs of the Department. Such inspections and reviews shall 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. ``(3) The Director shall investigate allegations of research impropriety and misconduct in medical research projects of the Department. ``(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 suspected lapse, from whatever cause or causes, in protecting safety of human subjects and others, including employees, in medical research programs of the Department. [[Page S15198]] ``(5) The Director shall carry out such other duties as the Under Secretary for Health may require. ``(e) Source of Funds.--Amounts for the activities of the Office, including its regional offices, shall be derived from amounts appropriated for the Veterans Health 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: ``Sec. 7364A. Coverage of employees under certain Federal tort claims laws ``(a) An employee of a corporation established under this subchapter 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-- ``(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 Department 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 Certification 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 executive 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 Participation.-- 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 activities 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. 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''. ______ SA 2204. Mr. THOMAS (for Mr. Specter) proposed an amendment to the bill S. 1156, to amend title 38, United States Code, to improve and enhance the 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 authorities relating to the administration of personnel of the Department of Veterans Affairs, and for other purposes; as follows: Amend the title to read as follows: ``A bill 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 authorities relating to the administration of personnel of the Department of Veterans Affairs, and for other purposes.''. ______ SA 2205. Mr. THOMAS (for Mr. Specter (for himself and Mr. Graham of Florida)) proposed an amendment to the bill H.R. 2297, To amend title 38, United Stated Code, to improve benefits under laws administered by the Secretary of Veterans' Affairs, and for other purposes; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans Benefits 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--SURVIVOR BENEFITS Sec. 101. Retention of certain veterans survivor benefits for surviving spouses remarrying after age 57. Sec. 102. Benefits for children with spina bifida of veterans of certain service in Korea. Sec. 103. Alternative beneficiaries for National Service Life Insurance and United States Government Life Insurance. Sec. 104. Payment of benefits accrued and unpaid at time of death. TITLE II--BENEFITS FOR FORMER PRISONERS OF WAR AND FOR FILIPINO VETERANS Subtitle A--Former Prisoners of War Sec. 201. Presumptions of service-connection relating to diseases and disabilities of former prisoners of war. Subtitle B--Filipino Veterans Sec. 211. Rate of payment of benefits for certain Filipino veterans and their survivors residing in the United States. Sec. 212. Burial benefits for new Philippine Scouts residing in the United States. Sec. 213. Extension of authority to maintain regional office in the Republic of the Philippines. TITLE III--EDUCATION BENEFITS, EMPLOYMENT PROVISIONS, AND RELATED MATTERS Sec. 301. Expansion of Montgomery GI Bill education benefits for certain self-employment training. Sec. 302. Increase in rates of survivors' and dependents' educational assistance. Sec. 303. Restoration of survivors' and dependents' education benefits of individuals being ordered to full-time National Guard duty. Sec. 304. Rounding down of certain cost-of-living adjustments on educational assistance. [[Page S15199]] Sec. 305. Authorization for State approving agencies to approve certain entrepreneurship courses. Sec. 306. Repeal of provisions relating to obsolete education loan program. Sec. 307. Six-year extension of the Veterans' Advisory Committee on Education. Sec. 308. Procurement program for small business concerns owned and controlled by service-disabled veterans. Sec. 309. Outstationing of Transition Assistance Program personnel. TITLE IV--HOUSING BENEFITS AND RELATED MATTERS Sec. 401. Authorization to provide adapted housing assistance to certain disabled members of the Armed Forces who remain on active duty. Sec. 402. Increase in amounts for certain adaptive benefits for disabled veterans. Sec. 403. Permanent authority for housing loans for members of the Selected Reserve. Sec. 404. Reinstatement of minimum requirements for sale of vendee loans. Sec. 405. Adjustment to home loan fees. Sec. 406. One-year extension of procedures on liquidation sales of defaulted home loans guaranteed by the Department of Veterans Affairs. TITLE V--BURIAL BENEFITS Sec. 501. Burial plot allowance. Sec. 502. Eligibility of surviving spouses who remarry for burial in national cemeteries. Sec. 503. Permanent authority for State cemetery grants program. TITLE VI--EXPOSURE TO HAZARDOUS SUBSTANCES Sec. 601. Radiation Dose Reconstruction Program of Department of Defense. Sec. 602. Study on disposition of Air Force Health Study. Sec. 603. Funding of Medical Follow-Up Agency of Institute of Medicine of National Academy of Sciences for epidemiological research on members of the Armed Forces and veterans. TITLE VII--OTHER MATTERS Sec. 701. Time limitations on receipt of claim information pursuant to requests of Department of Veterans Affairs. Sec. 702. Clarification of applicability of prohibition on assignment of veterans benefits to agreements requiring payment of future receipt of benefits. Sec. 703. Six-year extension of Advisory Committee on Minority Veterans. Sec. 704. Temporary authority for performance of medical disabilities examinations by contract physicians. Sec. 705. Forfeiture of benefits for subversive activities. Sec. 706. Two-year extension of round-down requirement for compensation cost-of-living adjustments. Sec. 707. Codification of requirement for expeditious treatment of cases on remand. Sec. 708. Technical and clerical amendments. 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--SURVIVOR BENEFITS SEC. 101. RETENTION OF CERTAIN VETERANS SURVIVOR BENEFITS FOR SURVIVING SPOUSES REMARRYING AFTER AGE 57. (a) Exception to Termination of Benefits Upon Remarriage.-- Section 103(d)(2)(B) is amended by striking ``The remarriage after age 55'' and inserting ``The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55''. (b) Coordination of Benefits.--Section 1311 is amended by adding at the end the following new subsection: ``(e) In the case of an individual who is eligible for dependency and indemnity compensation under this section by reason of section 103(d)(2)(B) of this title who is also eligible for benefits under another provision of law by reason of such individual's status as the surviving spouse of a veteran, then, notwithstanding any other provision of law (other than section 5304(b)(3) of this title), no reduction in benefits under such other provision of law shall be made by reason of such individual's eligibility for benefits under this section.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on January 1, 2004. (d) Retroactive Benefits Prohibited.--No benefit may be paid to any person by reason of the amendments made by subsections (a) and (b) for any period before the effective date specified in subsection (c). (e) Application for Benefits.--In the case of an individual who but for having remarried would be eligible for benefits under title 38, United States Code, by reason of the amendment made by subsection (a) and whose remarriage was before the date of the enactment of this Act and after the individual had attained age 57, the individual shall be eligible for such benefits by reason of such amendment only if the individual submits an application for such benefits to the Secretary of Veterans Affairs not later than the end of the one-year period beginning on the date of the enactment of this Act. (f) Technical Correction.--Section 101(b) of the Veterans Benefits Act of 2002 (Public Law 107-330; 116 Stat. 2821; 38 U.S.C. 103 note) is amended by striking ``during the 1-year period'' and all that follows through ``(c)'' and inserting ``before the end of the one-year period beginning on the date of the enactment of the Veterans Benefits Act of 2003''. SEC. 102. BENEFITS FOR CHILDREN WITH SPINA BIFIDA OF VETERANS OF CERTAIN SERVICE IN KOREA. (a) In General.--Chapter 18 is amended-- (1) by redesignating subchapter III, and sections 1821, 1822, 1823, and 1824, as subchapter IV, and sections 1831, 1832, 1833, and 1834, respectively; and (2) by inserting after subchapter II the following new subchapter III: ``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA ``Sec. 1821. Benefits for children of certain Korea service veterans born with spina bifida ``(a) Benefits Authorized.--The Secretary may provide to any child of a veteran of covered service in Korea who is suffering from spina bifida the health care, vocational training and rehabilitation, and monetary allowance required to be paid to a child of a Vietnam veteran who is suffering from spina bifida under subchapter I of this chapter as if such child of a veteran of covered service in Korea were a child of a Vietnam veteran who is suffering from spina bifida under such subchapter. ``(b) Spina Bifida Conditions Covered.--This section applies with respect to all forms and manifestations of spina bifida, except spina bifida occulta. ``(c) Veteran of Covered Service in Korea.--For purposes of this section, a veteran of covered service in Korea is any individual, without regard to the characterization of that individual's service, who-- ``(1) served in the active military, naval, or air service in or near the Korean demilitarized zone (DMZ), as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971; and ``(2) is determined by the Secretary, in consultation with the Secretary of Defense, to have been exposed to a herbicide agent during such service in or near the Korean demilitarized zone. ``(d) Herbicide Agent.--For purposes of this section, the term `herbicide agent' means a chemical in a herbicide used in support of United States and allied military operations in or near the Korean demilitarized zone, as determined by the Secretary in consultation with the Secretary of Defense, during the period beginning on September 1, 1967, and ending on August 31, 1971.''. (b) Child Defined.--Section 1831, as redesignated by subsection (a) of this section, is amended by striking paragraph (1) and inserting the following new paragraph (1): ``(1) The term `child' means the following: ``(A) For purposes of subchapters I and II of this chapter, an individual, regardless of age or marital status, who-- ``(i) is the natural child of a Vietnam veteran; and ``(ii) was conceived after the date on which that veteran first entered the Republic of Vietnam during the Vietnam era. ``(B) For purposes of subchapter III of this chapter, an individual, regardless of age or marital status, who-- ``(i) is the natural child of a veteran of covered service in Korea (as determined for purposes of section 1821 of this title); and ``(ii) was conceived after the date on which that veteran first entered service described in subsection (c) of that section.''. (c) Nonduplication of Benefits.--Subsection (a) of section 1834, as redesignated by subsection (a) of this section, is amended by adding at the end the following new sentence: ``In the case of a child eligible for benefits under subchapter I or II of this chapter who is also eligible for benefits under subchapter III of this chapter, a monetary allowance shall be paid under the subchapter of this chapter elected by the child.''. (d) Conforming Amendments.--(1) Section 1811(1)(A) is amended by striking ``section 1821(1)'' and inserting ``section 1831(1)''. (2) The heading for chapter 18 is amended to read as follows: ``CHAPTER 18--BENEFITS FOR CHILDREN OF VIETNAM VETERANS AND CERTAIN OTHER VETERANS''. (e) Clerical Amendments.--(1) The table of sections at the beginning of chapter 18 is amended by striking the items relating to subchapter III and sections 1821, 1822, 1823, and 1824 and inserting the following new items: [[Page S15200]] ``SUBCHAPTER III--CHILDREN OF CERTAIN KOREA SERVICE VETERANS BORN WITH SPINA BIFIDA ``1821. Benefits for children of certain Korea service veterans born with spina bifida. ``SUBCHAPTER IV--GENERAL PROVISIONS ``1831. Definitions. ``1832. Applicability of certain administrative provisions. ``1833. Treatment of receipt of monetary allowance and other benefits. ``1834. Nonduplication of benefits.''. (2) The table of chapters at the beginning of title 38, United States Code, and at the beginning of part II, are each amended by striking the item relating to chapter 18 and inserting the following new item: ``18. Benefits for Children of Vietnam Veterans and Certain Other Veterans................................................1802''..... SEC. 103. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE AND UNITED STATES GOVERNMENT LIFE INSURANCE. (a) National Service Life Insurance.--Section 1917 is amended by adding at the end the following new subsection: ``(f)(1) Following the death of the insured and in a case not covered by subsection (d)-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (b) United States Government Life Insurance.--Section 1952 is amended by adding at the end the following new subsection: ``(c)(1) Following the death of the insured and in a case not covered by section 1950 of this title-- ``(A) if the first beneficiary otherwise entitled to payment of the insurance does not make a claim for such payment within two years after the death of the insured, payment may be made to another beneficiary designated by the insured, in the order of precedence as designated by the insured, as if the first beneficiary had predeceased the insured; and ``(B) if, within four years after the death of the insured, no claim has been filed by a person designated by the insured as a beneficiary and the Secretary has not received any notice in writing that any such claim will be made, payment may (notwithstanding any other provision of law) be made to such person as may in the judgment of the Secretary be equitably entitled thereto. ``(2) Payment of insurance under paragraph (1) shall be a bar to recovery by any other person.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on October 1, 2004. (d) Transition Provision.--In the case of a person insured under subchapter I or II of chapter 19 of title 38, United States Code, who dies before the effective date of the amendments made by subsections (a) and (b), as specified by subsection (c), the two-year and four-year periods specified in subsection (f)(1) of section 1917 of title 38, United States Code, as added by subsection (a), and subsection (c)(1) of section 1952 of such title, as added by subsection (b), as applicable, shall for purposes of the applicable subsection be treated as being the two-year and four-year periods, respectively, beginning on the effective date of such amendments, as so specified. SEC. 104. PAYMENT OF BENEFITS ACCRUED AND UNPAID AT TIME OF DEATH. (a) Repeal of Two-Year Limitation on Payment.--Section 5121(a) is amended by striking ``for a period not to exceed two years'' in the matter preceding paragraph (1). (b) Payment Recipients for Beneficiaries Under Chapter 18.--Such section is further amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph (5): ``(5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.''. (c) Technical Amendments.--Such section is further amended-- (1) in the matter preceding paragraph (1), by striking the comma after ``or decisions''; (2) by striking the semicolon at the end of paragraphs (1), (2), (3), and (4), and at the end of subparagraphs (A) and (B) of paragraph (2), and inserting a period. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to deaths occurring on or after the date of the enactment of this Act. TITLE II--BENEFITS FOR FORMER PRISONERS OF WAR AND FOR FILIPINO VETERANS Subtitle A--Former Prisoners of War SEC. 201. PRESUMPTIONS OF SERVICE-CONNECTION RELATING TO DISEASES AND DISABILITIES OF FORMER PRISONERS OF WAR. Subsection (b) of section 1112 is amended to read as follows: ``(b)(1) For the purposes of section 1110 of this title and subject to the provisions of section 1113 of this title, in the case of a veteran who is a former prisoner of war-- ``(A) a disease specified in paragraph (2) which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service; and ``(B) if the veteran was detained or interned as a prisoner of war for not less than thirty days, a disease specified in paragraph (3) which became manifest to a degree of 10 percent or more after active military, naval, or air service shall be considered to have been incurred in or aggravated by such service, notwithstanding that there is no record of such disease during the period of service. ``(2) The diseases specified in this paragraph are the following: ``(A) Psychosis. ``(B) Any of the anxiety states. ``(C) Dysthymic disorder (or depressive neurosis). ``(D) Organic residuals of frostbite, if the Secretary determines that the veteran was detained or interned in climatic conditions consistent with the occurrence of frostbite. ``(E) Post-traumatic osteoarthritis. ``(3) The diseases specified in this paragraph are the following: ``(A) Avitaminosis. ``(B) Beriberi (including beriberi heart disease). ``(C) Chronic dysentery. ``(D) Helminthiasis. ``(E) Malnutrition (including optic atrophy associated with malnutrition). ``(F) Pellagra. ``(G) Any other nutritional deficiency. ``(H) Cirrhosis of the liver. ``(I) Peripheral neuropathy except where directly related to infectious causes. ``(J) Irritable bowel syndrome. ``(K) Peptic ulcer disease.''. Subtitle B--Filipino Veterans SEC. 211. RATE OF PAYMENT OF BENEFITS FOR CERTAIN FILIPINO VETERANS AND THEIR SURVIVORS RESIDING IN THE UNITED STATES. (a) Rate of Payment.--Section 107 is amended-- (1) in the second sentence of subsection (b), by striking ``Payments'' and inserting ``Except as provided in subsection (c), payments''; and (2) in subsection (c)-- (A) by inserting ``and subchapter II of chapter 13 (except section 1312(a)) of this title'' after ``chapter 11 of this title''; (B) by striking ``in subsection (a)'' and inserting ``in subsection (a) or (b)''; and (C) by striking ``of subsection (a)'' and inserting ``of the applicable subsection''. (b) Effective Date.--The amendments made by subsection (a) shall apply to benefits paid for months beginning after the date of the enactment of this Act. SEC. 212. BURIAL BENEFITS FOR NEW PHILIPPINE SCOUTS RESIDING IN THE UNITED STATES. (a) Benefit Eligibility.--Section 107, as amended by section 211 of this Act, is amended-- (1) in subsection (b)(2)-- (A) by striking ``and'' and inserting a comma; and (B) by inserting ``, 23, and 24 (to the extent provided for in section 2402(8))'' after ``(except section 1312(a))''; (2) in the second sentence of subsection (b), as so amended, by inserting ``or (d)'' after ``subsection (c)''; (3) in subsection (d)(1), by inserting ``or (b), as otherwise applicable,'' after ``subsection (a)''; and (4) in subsection (d)(2), by inserting ``or whose service is described in subsection (b) and who dies after the date of the enactment of the Veterans Benefits Act of 2003,'' after ``November 1, 2000,''. (b) National Cemetery Interment.--Section 2402(8) is amended by striking ``section 107(a)'' and inserting ``subsection (a) or (b) of section 107''. (c) Effective Date.--The amendments made by this section shall apply with respect to deaths occurring on or after the date of the enactment of this Act. SEC. 213. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN THE REPUBLIC OF THE PHILIPPINES. Section 315(b) is amended by striking ``December 31, 2003'' and inserting ``December 31, 2009''. TITLE III--EDUCATION BENEFITS, EMPLOYMENT PROVISIONS, AND RELATED MATTERS SEC. 301. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS FOR CERTAIN SELF-EMPLOYMENT TRAINING. (a) Definition of Training Establishment.--Section 3452(e) is amended by striking ``means any'' and all that follows and inserting ``means any of the following: ``(1) An establishment providing apprentice or other on-job training, including those under the supervision of a college or university or any State department of education. ``(2) An establishment providing self-employment on-job training consisting of full- [[Page S15201]] time training for a period of less than six months that is needed or accepted for purposes of obtaining licensure to engage in a self-employment occupation or required for ownership and operation of a franchise that is the objective of the training. ``(3) A State board of vocational education. ``(4) A Federal or State apprenticeship registration agency. ``(5) A joint apprenticeship committee established pursuant to the Act of August 16, 1937, popularly known as the `National Apprenticeship Act' (29 U.S.C. 50 et seq.). ``(6) An agency of the Federal Government authorized to supervise such training.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is six months after the date of the enactment of this Act and shall apply to self- employment on-job training approved and pursued on or after that date. SEC. 302. INCREASE IN RATES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE. (a) Survivors' and Dependents' Educational Assistance.-- Section 3532 is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``at the monthly rate of'' and all that follows and inserting ``at the monthly rate of $788 for full-time, $592 for three-quarter-time, or $394 for half-time pursuit.''; and (B) in paragraph (2), by striking ``at the rate of'' and all that follows and inserting ``at the rate of the lesser of-- ``(A) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay; or ``(B) $788 per month for a full-time course.''; (2) in subsection (b), by striking ``$670'' and inserting ``$788''; and (3) in subsection (c)(2), by striking ``shall be'' and all that follows and inserting ``shall be $636 for full-time, $477 for three-quarter-time, or $319 for half-time pursuit.''. (b) Correspondence Courses.--Section 3534(b) is amended by striking ``$670'' and inserting ``$788''. (c) Special Restorative Training.--Section 3542(a) is amended-- (1) by striking ``$670'' and inserting ``$788''; and (2) by striking ``$210'' each place it appears and inserting ``$247''. (d) Apprenticeship Training.--Section 3687(b)(2) is amended by striking ``shall be $488 for the first six months'' and all that follows and inserting ``shall be $574 for the first six months, $429 for the second six months, $285 for the third six months, and $144 for the fourth and any succeeding six-month period of training.''. (e) Effective Date.--The amendments made by this section shall take effect on July 1, 2004, and shall apply with respect to educational assistance allowances payable under chapter 35 and section 3687(b)(2) of title 38, United States Code, for months beginning on or after that date. SEC. 303. RESTORATION OF SURVIVORS' AND DEPENDENTS' EDUCATION BENEFITS OF INDIVIDUALS BEING ORDERED TO FULL- TIME NATIONAL GUARD DUTY. (a) Delimiting Date.--Section 3512(h) is amended by inserting ``or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32,'' after ``title 10,''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as of September 11, 2001. SEC. 304. ROUNDING DOWN OF CERTAIN COST-OF-LIVING ADJUSTMENTS ON EDUCATIONAL ASSISTANCE. (a) Basic Educational Assistance Under Montgomery GI Bill.--Section 3015(h) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(h)''; (3) by striking ``(rounded to the nearest dollar)''; (4) in subparagraph (B), as so redesignated, by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (5) by adding at the end the following new paragraph: ``(2) Any increase under paragraph (1) in a rate with respect to a fiscal year after fiscal year 2004 and before fiscal year 2014 shall be rounded down to the next lower whole dollar amount. Any such increase with respect to a fiscal year after fiscal year 2013 shall be rounded to the nearest whole dollar amount.''. (b) Survivors' and Dependents' Educational Assistance.-- Section 3564 is amended-- (1) by inserting ``(a)'' before ``With''; (2) by striking ``(rounded to the nearest dollar)''; and (3) by adding at the end the following new subsection: ``(b) Any increase under subsection (a) in a rate with respect to a fiscal year after fiscal year 2004 and before fiscal year 2014 shall be rounded down to the next lower whole dollar amount. Any such increase with respect to a fiscal year after fiscal year 2013 shall be rounded to the nearest whole dollar amount.''. SEC. 305. AUTHORIZATION FOR STATE APPROVING AGENCIES TO APPROVE CERTAIN ENTREPRENEURSHIP COURSES. (a) Approval of Entrepreneurship Courses.--Section 3675 is amended by adding at the end the following new subsection: ``(c)(1) A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses. ``(2) For purposes of this subsection, the term `entrepreneurship course' means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a))). ``(3) Subsection (a) and paragraphs (1) and (2) of subsection (b) shall not apply to-- ``(A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and ``(B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.''. (b) Business Owners Not Treated as Already Qualified.-- Section 3471 is amended by inserting before the last sentence the following: ``The Secretary shall not treat a person as already qualified for the objective of a program of education offered by a qualified provider of entrepreneurship courses solely because such person is the owner or operator of a business.''. (c) Inclusion of Entrepreneurship Courses in Definition of Program of Education.--Subsection (b) of section 3452 is amended by adding at the end the following: ``Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses.''. (d) Inclusion of Qualified Provider of Entrepreneurship Courses in Definition of Educational Institution.--Subsection (c) of section 3452 is amended by adding at the end the following: ``Such term also includes any qualified provider of entrepreneurship courses.''. (e) Definition of Qualified Provider of Entrepreneurship Courses.--Section 3452 is further amended by adding at the end the following new subsection: ``(h) The term `qualified provider of entrepreneurship courses' means any of the following entities insofar as such entity offers, sponsors, or cosponsors an entrepreneurship course (as defined in section 3675(c)(2) of this title): ``(1) Any small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). ``(2) The National Veterans Business Development Corporation (established under section 33 of the Small Business Act (15 U.S.C. 657c)).''. (f) Effective Date.--The amendments made by this section shall apply to courses approved by State approving agencies after the date of the enactment of this Act. SEC. 306. REPEAL OF PROVISIONS RELATING TO OBSOLETE EDUCATION LOAN PROGRAM. (a) Termination of Program.--The Secretary of Veterans Affairs may not make a loan under subchapter III of chapter 36 of title 38, United States Code, after the date of the enactment of this Act. (b) Discharge of Liabilities.--Effective as of the date of the transfer of funds under subsection (c)-- (1) any liability on an education loan under subchapter III of chapter 36 of title 38, United States Code, that is outstanding as of such date shall be deemed discharged; and (2) the right of the United States to recover an overpayment declared under section 3698(e)(1) of such title that is outstanding as of such date shall be deemed waived. (c) Termination of Loan Fund.--(1) Effective as of the day before the date of the repeal under this section of subchapter III of chapter 36 of title 38, United States Code, all monies in the revolving fund of the Treasury known as the ``Department of Veterans Affairs Education Loan Fund'' shall be transferred to the Department of Veterans Affairs Readjustment Benefits Account, and the revolving fund shall be closed. (2) Any monies transferred to the Department of Veterans Affairs Readjustment Benefits Account under paragraph (1) shall be merged with amounts in that account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in that account. (d) Use of Entitlement to Veterans Educational Assistance for Education Loan Program.--Section 3462(a) is amended by striking paragraph (2). (e) Repeal of Education Loan Program.--Subchapter III of chapter 36 is repealed. (f) Conforming Amendments.--(1) Section 3485(e)(1) is amended by striking ``(other than an education loan under subchapter III)''. (2) Section 3512 is amended by striking subsection (f). (g) Clerical Amendment.--The table of sections at the beginning of chapter 36 is amended by striking the items relating to subchapter III and sections 3698 and 3699. (h) Effective Dates.--(1) The amendments made by subsection (d) shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (e), (f), and (g) shall take effect 90 days after the date of the enactment of this Act. SEC. 307. SIX-YEAR EXTENSION OF THE VETERANS' ADVISORY COMMITTEE ON EDUCATION. (a) Membership.--Subsection (a) of section 3692 is amended in the second sentence by inserting ``, to the maximum extent practicable,'' after ``The committee shall also''. (b) Extension.--Subsection (c) of that section is amended by striking ``December 31, 2003'' and inserting ``December 31, 2009''. [[Page S15202]] (c) Technical Amendments.--That section is further amended-- (1) in subsections (a) and (b), by striking ``chapter 106'' each place it appears and inserting ``chapter 1606''; and (2) in subsection (b), by striking ``chapter 30'' and inserting ``chapters 30''. SEC. 308. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS. The Small Business Act (15 U.S.C. 631 et seq.) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS. ``(a) Sole Source Contracts.--In accordance with this section, a contracting officer may award a sole source contract to any small business concern owned and controlled by service-disabled veterans if-- ``(1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more small business concerns owned and controlled by service-disabled veterans will submit offers for the contracting opportunity; ``(2) the anticipated award price of the contract (including options) will not exceed-- ``(A) $5,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or ``(B) $3,000,000, in the case of any other contract opportunity; and ``(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. ``(b) Restricted Competition.--In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if the contracting officer has a reasonable expectation that not less than 2 small business concerns owned and controlled by service-disabled veterans will submit offers and that the award can be made at a fair market price. ``(c) Relationship to Other Contracting Preferences.--A procurement may not be made from a source on the basis of a preference provided under subsection (a) or (b) if the procurement would otherwise be made from a different source under section 4124 or 4125 of title 18, United States Code, or the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.). ``(d) Enforcement; Penalties.--Rules similar to the rules of paragraphs (5) and (6) of section 8(m) shall apply for purposes of this section. ``(e) Contracting Officer.--For purposes of this section, the term `contracting officer' has the meaning given such term in section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5)).''. SEC. 309. OUTSTATIONING OF TRANSITION ASSISTANCE PROGRAM PERSONNEL. (a) In General.--(1) Chapter 41 is amended by adding at the end the following new section: ``Sec. 4113. Outstationing of Transition Assistance Program personnel ``(a) Stationing of TAP Personnel at Overseas Military Installations.--(1) The Secretary-- ``(A) shall station employees of the Veterans' Employment and Training Service, or contractors under subsection (c), at each veterans assistance office described in paragraph (2); and ``(B) may station such employees or contractors at such other military installations outside the United States as the Secretary, after consultation with the Secretary of Defense, determines to be appropriate or desirable to carry out the purposes of this chapter. ``(2) Veterans assistance offices referred to in paragraph (1)(A) are those offices that are established by the Secretary of Veterans Affairs on military installations pursuant to the second sentence of section 7723(a) of this title. ``(b) Functions.--Employees (or contractors) stationed at military installations pursuant to subsection (a) shall provide, in person, counseling, assistance in identifying employment and training opportunities, help in obtaining such employment and training, and other related information and services to members of the Armed Forces who are being separated from active duty, and the spouses of such members, under the Transition Assistance Program and Disabled Transition Assistance Program established in section 1144 of title 10. ``(c) Authority to Contract With Private Entities.--The Secretary, consistent with section 1144 of title 10, may enter into contracts with public or private entities to provide, in person, some or all of the counseling, assistance, information and services under the Transition Assistance Program required under subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``4113. Outstationing of Transition Assistance Program personnel.''. (b) Deadline for Implementation.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor shall implement section 4113 of title 38, United States Code, as added by subsection (a), and shall have employees of the Veterans' Employment and Training Service, or contractors, to carry out that section at the military installations involved by such date. (c) Additional Amendment.--(1) The second sentence of section 7723(a) is amended by inserting ``and taking into account recommendations, if any, of the Secretary of Labor'' after ``Secretary of Defense'' (2) The amendment made by paragraph (1) shall apply with respect to offices established after the date of the enactment of this Act. TITLE IV--HOUSING BENEFITS AND RELATED MATTERS SEC. 401. AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSISTANCE TO CERTAIN DISABLED MEMBERS OF THE ARMED FORCES WHO REMAIN ON ACTIVE DUTY. Section 2101 is amended by adding at the end the following new subsection: ``(c)(1) The Secretary may provide assistance under subsection (a) to a member of the Armed Forces serving on active duty who is suffering from a disability described in paragraph (1), (2), or (3) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under that subsection to veterans eligible for assistance under that subsection and subject to the requirements of the second sentence of that subsection. ``(2) The Secretary may provide assistance under subsection (b) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subparagraph (A) or (B) of paragraph (1) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under that subsection to veterans eligible for assistance under that subsection and subject to the requirements of paragraph (2) of that subsection.''. SEC. 402. INCREASE IN AMOUNTS FOR CERTAIN ADAPTIVE BENEFITS FOR DISABLED VETERANS. (a) Increase in Assistance Amount for Specially Adapted Housing.--Section 2102 is amended-- (1) in the matter preceding paragraph (1) of subsection (a), by striking ``$48,000'' and inserting ``$50,000''; and (2) in subsection (b)(2), by striking ``$9,250'' and inserting ``$10,000''. (b) Increase in Amount of Assistance for Automobile and Adaptive Equipment for Certain Disabled Veterans.--Section 3902(a) is amended by striking ``$9,000'' and inserting ``$11,000''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to assistance furnished on or after the date of the enactment of this Act. SEC. 403. PERMANENT AUTHORITY FOR HOUSING LOANS FOR MEMBERS OF THE SELECTED RESERVE. Section 3702(a)(2)(E) is amended by striking ``For the period'' and all that follows through ``each'' and inserting ``Each''. SEC. 404. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE LOANS. (a) Reinstatement.--Subsection (a) of section 3733 is amended by adding at the end the following new paragraph: ``(7) During the period that begins on the date of the enactment of the Veterans' Benefits Act of 2003 and ends on September 30, 2013, the Secretary shall carry out the provisions of this subsection as if-- ``(A) the references in the first sentence of paragraph (1) to `65 percent' and `may be financed' were references to `85 percent' and `shall be financed', respectively; ``(B) the second sentence of paragraph (1) were repealed; and ``(C) the reference in paragraph (2) to `September 30, 1990,' were a reference to `September 30, 2013,'.''. (b) Stylistic Amendments.--Such section is further amended-- (1) by striking ``of this subsection'' after-- (A) ``paragraph (1)'' in subsections (a)(4)(A), (a)(5), (a)(6), and (c)(2); and (B) ``paragraph (5)'' in subsection (a)(4)(B)(i); and (2) by striking ``of this paragraph'' each place it appears in subsection (a)(4). SEC. 405. ADJUSTMENT TO HOME LOAN FEES. Effective January 1, 2004, paragraph (2) of section 3729(b) is amended to read as follows: ``(2) The loan fee table referred to in paragraph (1) is as follows: [[Page S15203]] ``LOAN FEE TABLE ---------------------------------------------------------------------------------------------------------------- Active duty Other Type of loan veteran Reservist obligor ---------------------------------------------------------------------------------------------------------------- (A)(i) Initial loan described in section 3710(a) to purchase or 2.00 2.75 NA construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed before January 1, 2004)..................................................... ---------------------------------------------------------------------------------------------------------------- (A)(ii) Initial loan described in section 3710(a) to purchase or 2.20 2.40 NA construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2004, and before October 1, 2004)................... ---------------------------------------------------------------------------------------------------------------- (A)(iii) Initial loan described in section 3710(a) to purchase or 2.15 2.40 NA construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before October 1, 2011)................... ---------------------------------------------------------------------------------------------------------------- (A)(iv) Initial loan described in section 3710(a) to purchase or 1.40 1.65 NA construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2011)............................................... ---------------------------------------------------------------------------------------------------------------- (B)(i) Subsequent loan described in section 3710(a) to purchase or 3.00 3.00 NA construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed before January 1, 2004)......... ---------------------------------------------------------------------------------------------------------------- (B)(ii) Subsequent loan described in section 3710(a) to purchase or 3.30 3.30 NA construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after January 1, 2004, and before October 1, 2011).............................................. ---------------------------------------------------------------------------------------------------------------- (B)(iii) Subsequent loan described in section 3710(a) to purchase or 2.15 2.15 NA construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2011 and before October 1, 2013).............................................. ---------------------------------------------------------------------------------------------------------------- (B)(iv) Subsequent loan described in section 3710(a) to purchase or 1.25 1.25 NA construct a dwelling with 0-down, or any other subsequent loan described in section 3710(a) (closed on or after October 1, 2013).... ---------------------------------------------------------------------------------------------------------------- (C)(i) Loan described in section 3710(a) to purchase or construct a 1.50 1.75 NA dwelling with 5-down (closed before October 1, 2011)................. ---------------------------------------------------------------------------------------------------------------- (C)(ii) Loan described in section 3710(a) to purchase or construct a 0.75 1.00 NA dwelling with 5-down (closed on or after October 1, 2011)............ ---------------------------------------------------------------------------------------------------------------- (D)(i) Initial loan described in section 3710(a) to purchase or 1.25 1.50 NA construct a dwelling with 10-down (closed before October 1, 2011).... ---------------------------------------------------------------------------------------------------------------- (D)(ii) Initial loan described in section 3710(a) to purchase or 0.50 0.75 NA construct a dwelling with 10-down (closed on or after October 1, 2011)................................................................ ---------------------------------------------------------------------------------------------------------------- (E) Interest rate reduction refinancing loan.......................... 0.50 0.50 NA ---------------------------------------------------------------------------------------------------------------- (F) Direct loan under section 3711.................................... 1.00 1.00 NA ---------------------------------------------------------------------------------------------------------------- (G) Manufactured home loan under section 3712 (other than an interest 1.00 1.00 NA rate reduction refinancing loan)..................................... ---------------------------------------------------------------------------------------------------------------- (H) Loan to Native American veteran under section 3762 (other than an 1.25 1.25 NA interest rate reduction refinancing loan)............................ ---------------------------------------------------------------------------------------------------------------- (I) Loan assumption under section 3714................................ 0.50 0.50 0.50 ---------------------------------------------------------------------------------------------------------------- (J) Loan under section 3733(a)........................................ 2.25 2.25 2.25''. ---------------------------------------------------------------------------------------------------------------- SEC. 406. ONE-YEAR EXTENSION OF PROCEDURES ON LIQUIDATION SALES OF DEFAULTED HOME LOANS GUARANTEED BY THE DEPARTMENT OF VETERANS AFFAIRS. Section 3732(c)(11) is amended by striking ``October 1, 2011'' and inserting ``October 1, 2012''. TITLE V--BURIAL BENEFITS SEC. 501. BURIAL PLOT ALLOWANCE. (a) In General.--Section 2303(b) is amended-- (1) in the matter preceding paragraph (1), by striking ``a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war'' and inserting ``burial in a national cemetery under section 2402 of this title''; and (2) in paragraph (2), by striking ``(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)'' and inserting ``is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran''. (b) Conforming Amendment.--Section 2307 is amended in the last sentence by striking ``and (b)'' and inserting ``and (b)(2)''. SEC. 502. ELIGIBILITY OF SURVIVING SPOUSES WHO REMARRY FOR BURIAL IN NATIONAL CEMETERIES. (a) Eligibility.--Section 2402(5) is amended by striking ``(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)'' and inserting ``(which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage)''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to deaths occurring on or after January 1, 2000. SEC. 503. PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS PROGRAM. (a) Permanent Authority.--Subsection (a) of section 2408 is amended-- (1) by striking ``(1)''; and (2) by striking paragraph (2). (b) Conforming Amendment.--Subsection (e) of such section is amended by striking ``Sums appropriated under subsection (a) of this section'' and inserting ``Amounts appropriated to carry out this section''. (c) Technical Amendment to Repeal Obsolete Provision.-- Subsection (d)(1) of such section is amended by striking ``on or after November 21, 1997,''. TITLE VI--EXPOSURE TO HAZARDOUS SUBSTANCES SEC. 601. RADIATION DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE. (a) Review of Mission, Procedures, and Administration.--(1) The Secretary of Veterans Affairs and the Secretary of Defense shall jointly conduct a review of the mission, procedures, and administration of the Radiation Dose Reconstruction Program of the Department of Defense. (2) In conducting the review under paragraph (1), the Secretaries shall-- (A) determine whether any additional actions are required to ensure that the quality assurance and quality control mechanisms of the Radiation Dose Reconstruction Program are adequate and sufficient for purposes of the program; and (B) determine the actions that are required to ensure that the mechanisms of the Radiation Dose Reconstruction Program for communication and interaction with veterans are adequate and sufficient for purposes of the program, including mechanisms to permit veterans to review the assumptions utilized in their dose reconstructions. (3) Not later than 90 days after the date of the enactment of this Act, the Secretaries shall jointly submit to Congress a report on the review under paragraph (1). The report shall set forth-- (A) the results of the review; (B) a plan for any actions determined to be required under paragraph (2); and (C) such other recommendations for the improvement of the mission, procedures, and administration of the Radiation Dose Reconstruction Program as the Secretaries jointly consider appropriate. (b) On-Going Review and Oversight.--The Secretaries shall jointly take appropriate actions to ensure the on-going independent review and oversight of the Radiation Dose Reconstruction Program, including the establishment of the advisory board required by subsection (c). (c) Advisory Board.--(1) In taking actions under subsection (b), the Secretaries shall jointly appoint an advisory board to provide review and oversight of the Radiation Dose Reconstruction Program. (2) The advisory board under paragraph (1) shall be composed of the following: (A) At least one expert in historical dose reconstruction of the type conducted under the Radiation Dose Reconstruction Program. (B) At least one expert in radiation health matters. (C) At least one expert in risk communications matters. [[Page S15204]] (D) A representative of the Department of Veterans Affairs. (E) A representative of the Defense Threat Reduction Agency. (F) At least three veterans, including at least one veteran who is a member of an atomic veterans group. (3) The advisory board under paragraph (1) shall-- (A) conduct periodic, random audits of dose reconstructions under the Radiation Dose Reconstruction Program and of decisions by the Department of Veterans Affairs on claims for service connection of radiogenic diseases; (B) assist the Department of Veterans Affairs and the Defense Threat Reduction Agency in communicating to veterans information on the mission, procedures, and evidentiary requirements of the Radiation Dose Reconstruction Program; and (C) carry out such other activities with respect to the review and oversight of the Radiation Dose Reconstruction Program as the Secretaries shall jointly specify. (4) The advisory board under paragraph (1) may make such recommendations on modifications in the mission or procedures of the Radiation Dose Reconstruction Program as the advisory board considers appropriate as a result of the audits conducted under paragraph (3)(A). SEC. 602. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY. (a) Study Required.--The Secretary of Veterans Affairs shall, in accordance with this section, carry out a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel who were responsible for conducting aerial spray missions of herbicides during the Vietnam era. (b) Study Through National Academy of Sciences.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academy of Sciences, or another appropriate scientific organization, to carry out the study required by subsection (a). (c) Elements.--Under the study under subsection (a), the National Academy of Sciences, or other appropriate scientific organization, shall address the following: (1) The scientific merit of retaining and maintaining the medical records, other study data, and laboratory specimens collected in the course of the Air Force Health Study after the currently-scheduled termination date of the study in 2006. (2) Whether or not any obstacles exist to retaining and maintaining the medical records, other study data, and laboratory specimens referred to in paragraph (1), including privacy concerns. (3) The advisability of providing independent oversight of the medical records, other study data, and laboratory specimens referred to in paragraph (1), and of any further study of such records, data, and specimens, and, if so, the mechanism for providing such oversight. (4) The advisability of extending the Air Force Health Study, including the potential value and relevance of extending the study, the potential cost of extending the study, and the Federal or non-Federal entity best suited to continue the study if extended. (5) The advisability of making the laboratory specimens of the Air Force Health Study available for independent research, including the potential value and relevance of such research, and the potential cost of such research. (d) Report.--Not later than 120 days after entering into an agreement under subsection (b), the National Academy of Sciences, or other appropriate scientific organization, shall submit to the Secretary and Congress a report on the results of the study under subsection (a). The report shall include the results of the study, including the matters addressed under subsection (c), and such other recommendations as the Academy, or other appropriate scientific organization, considers appropriate as a result of the study. SEC. 603. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH ON MEMBERS OF THE ARMED FORCES AND VETERANS. (a) Funding.--(1) The Secretary of Veterans Affairs and the Secretary of Defense shall each make available to the National Academy of Sciences in each of fiscal years 2004 through 2013 the amount of $250,000 for the Medical Follow-Up Agency of the Institute of Medicine of the Academy for purposes of epidemiological research on members of the Armed Forces and veterans. (2) The Secretary of Veterans Affairs shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Veterans Affairs for that fiscal year. (3) The Secretary of Defense shall make available amounts under paragraph (1) for a fiscal year from amounts available for the Department of Defense for that fiscal year. (b) Use of Funds.--The Medical Follow-Up Agency shall use funds made available under subsection (a) for epidemiological research on members of the Armed Forces and veterans. (c) Supplement Not Supplant.--Amounts made available to the Medical Follow-Up Agency under this section for a fiscal year for the purposes referred to in subsection (b) are in addition to any other amount made available to the Agency for that fiscal year for those purposes. TITLE VII--OTHER MATTERS SEC. 701. TIME LIMITATIONS ON RECEIPT OF CLAIM INFORMATION PURSUANT TO REQUESTS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Information to Complete Claims Applications.--Section 5102 is amended by adding at the end the following new subsection: ``(c) Time Limitation.--(1) If information that a claimant and the claimant's representative, if any, are notified under subsection (b) is necessary to complete an application is not received by the Secretary within one year from the date such notice is sent, no benefit may be paid or furnished by reason of the claimant's application. ``(2) This subsection shall not apply to any application or claim for Government life insurance benefits.''. (b) Construction of Limitation on Information to Substantiate Claims.--Section 5103(b) is amended-- (1) in paragraph (1), by striking ``if such'' and all that follows through ``application'' and inserting ``such information or evidence must be received by the Secretary within one year from the date such notice is sent''; and (2) by adding at the end the following new paragraph: ``(3) Nothing in paragraph (1) shall be construed to prohibit the Secretary from making a decision on a claim before the expiration of the period referred to in that subsection.''. (c) Effective Date.--The amendments made by this section shall take effect as if enacted on November 9, 2000, immediately after the enactment of the Veterans Claims Assistance Act of 2000 (Public Law 106-475; 114 Stat. 2096). (d) Procedures for Readjudication of Certain Claims.--(1) The Secretary of Veterans Affairs shall readjudicate a claim of a qualified claimant if the request for such readjudication is received not later than the end of the one- year period that begins on the date of the enactment of this Act. (2) For purposes of this subsection, a claimant is qualified within the meaning of paragraph (1) if the claimant-- (A) received notice under section 5103(a) of title 38, United States Code, requesting information or evidence to substantiate a claim; (B) did not submit such information or evidence within a year after the date such notice was sent; (C) did not file a timely appeal to the Board of Veterans' Appeals or the United States Court of Appeals for Veterans Claims; and (D) submits such information or evidence during the one- year period referred to in paragraph (1). (3) If the decision of the Secretary on a readjudication under this subsection is in favor of the qualified claimant, the award of the grant shall take effect as if the prior decision by the Secretary on the claim had not been made. (4) Nothing in this subsection shall be construed to establish a duty on the part of the Secretary to identify or readjudicate any claim that-- (A) is not submitted during the one-year period referred to in paragraph (1); or (B) has been the subject of a timely appeal to the Board of Veterans' Appeals or the United States Court of Appeals for Veterans Claims. (e) Construction on Providing Renotification.--Nothing in this section, or the amendments made by this section, shall be construed to require the Secretary of Veterans Affairs-- (1) to provide notice under section 5103(a) of such title with respect to a claim insofar as the Secretary has previously provided such notice; or (2) to provide for a special notice with respect to this section and the amendments made by this section. SEC. 702. CLARIFICATION OF APPLICABILITY OF PROHIBITION ON ASSIGNMENT OF VETERANS BENEFITS TO AGREEMENTS REQUIRING PAYMENT OF FUTURE RECEIPT OF BENEFITS. Section 5301(a) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by designating the last sentence as paragraph (2); and (3) by adding at the end the following new paragraph: ``(3)(A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph (B), and including deposit into a joint account from which such other person may make withdrawals, or otherwise, such agreement shall be deemed to be an assignment and is prohibited. ``(B) Notwithstanding subparagraph (A), nothing in this paragraph is intended to prohibit a loan involving a beneficiary under the terms of which the beneficiary may use the benefit to repay such other person as long as each of the periodic payments made to repay such other person is separately and voluntarily executed by the beneficiary or is made by preauthorized electronic funds transfer pursuant to the Electronic Funds Transfers Act (15 U.S.C. 1693 et seq.). ``(C) Any agreement or arrangement for collateral for security for an agreement that [[Page S15205]] is prohibited under subparagraph (A) is also prohibited and is void from its inception.''. SEC. 703. SIX-YEAR EXTENSION OF ADVISORY COMMITTEE ON MINORITY VETERANS. Section 544(e) is amended by striking ``December 31, 2003'' and inserting ``December 31, 2009''. SEC. 704. TEMPORARY AUTHORITY FOR PERFORMANCE OF MEDICAL DISABILITIES EXAMINATIONS BY CONTRACT PHYSICIANS. (a) Authority.--Using appropriated funds, other than funds available for compensation and pension, the Secretary of Veterans Affairs may provide for the conduct of examinations with respect to the medical disabilities of applicants for benefits under laws administered by the Secretary by persons other than Department of Veterans Affairs employees. The authority under this section is in addition to the authority provided in section 504(b) of the Veterans' Benefits Improvement Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note). (b) Performance by Contract.--Examinations under the authority provided in subsection (a) shall be conducted pursuant to contracts entered into and administered by the Under Secretary for Benefits. (c) Expiration.--The authority in subsection (a) shall expire on December 31, 2009. No examination may be carried out under the authority provided in that subsection after that date. (d) Report.--Not later than four years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the use of the authority provided in subsection (a). The Secretary shall include in the report an assessment of the effect of examinations under that authority on the cost, timeliness, and thoroughness of examinations with respect to the medical disabilities of applicants for benefits under laws administered by the Secretary. SEC. 705. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES. (a) Addition of Certain Offenses.--Paragraph (2) of section 6105(b) is amended-- (1) by inserting ``175, 229,'' after ``sections''; and (2) by inserting ``831, 1091, 2332a, 2332b,'' after ``798,''. (b) Effective Date.--The amendments made by subsection (a) shall apply to claims filed after the date of the enactment of this Act. SEC. 706. TWO-YEAR EXTENSION OF ROUND-DOWN REQUIREMENT FOR COMPENSATION COST-OF-LIVING ADJUSTMENTS. Sections 1104(a) and 1303(a) are each amended by striking ``2011'' and inserting ``2013''. SEC. 707. CODIFICATION OF REQUIREMENT FOR EXPEDITIOUS TREATMENT OF CASES ON REMAND. (a) Cases Remanded by Board of Veterans' Appeals.--(1) Chapter 51 is amended by adding at the end of subchapter I the following new section: ``Sec. 5109B. Expedited treatment of remanded claims ``The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the appropriate regional office of the Veterans Benefits Administration of any claim that is remanded to a regional office of the Veterans Benefits Administration by the Board of Veterans' Appeals.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109A the following new item: ``5109B. Expedited treatment of remanded claims.''. (b) Cases Remanded by Court of Appeals for Veterans Claims.--(1) Chapter 71 is amended by adding at the end the following new section: ``Sec. 7112. Expedited treatment of remanded claims ``The Secretary shall take such actions as may be necessary to provide for the expeditious treatment by the Board of any claim that is remanded to the Secretary by the Court of Appeals for Veterans Claims.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``7112. Expedited treatment of remanded claims.''. (c) Repeal of Source Section.--Section 302 of the Veterans' Benefits Improvement Act of 1994 (Public Law 103-446; 108 Stat. 4658; 38 U.S.C. 5101 note) is repealed. SEC. 708. TECHNICAL AND CLERICAL AMENDMENTS. (a) Miscellaneous Amendments.--(1) Section 103(d) is amended-- (A) in paragraph (4)-- (i) in the matter preceding subparagraph (A), by striking ``this subsection'' and inserting ``paragraph (2)(A) or (3)''; and (ii) in subparagraph (A), by striking ``paragraph (2)'' and inserting ``paragraph (2)(A)''; and (B) in paragraph (5), by striking ``Paragraphs (2)'' and inserting ``Paragraphs (2)(A)''. (2) Section 1729A is amended-- (A) in subsection (b), by striking ``after June 30, 1997,'' in the matter preceding paragraph (1); (B) in subsection (c), by striking paragraph (3); (C) by striking subsection (e); and (D) by redesignating subsection (f) as subsection (e). (3) Section 1804(c)(2) is amended by striking ``subsection'' and inserting ``section''. (4) Section 1974(a)(5) is amended by striking ``Secretary of Transportation'' and inserting ``Secretary of Homeland Security''. (b) Amendments Relating to the Jobs for Veterans Act.-- (1)(A) Subsection (c)(2)(B)(ii) of section 4102A is amended by striking ``October 1, 2002'' and inserting ``October 1, 2003''. (B) The amendment made by subparagraph (A) shall take effect as if included in the enactment of section 4(a) of the Jobs for Veterans Act (Public Law 107-288; 116 Stat. 2038). (2) Subsection (f)(1) of section 4102A is amended by striking ``6 months after the date of the enactment of this section,'' and inserting ``May 7, 2003,''. (c) Amendments Relating to the Establishment of Social Security Administration as an Independent Agency.--(1) Section 1322 is amended-- (A) in subsection (a), by striking ``Secretary of Health and Human Services'' and all that follows through the period and inserting ``Commissioner of Social Security, and shall be certified by the Commissioner to the Secretary upon request of the Secretary.''; and (B) in subsection (b)-- (i) by striking ``Secretary of Health and Human Services'' in the first sentence and inserting ``Commissioner of Social Security''; (ii) by striking ``the two Secretaries'' and inserting ``the Secretary and the Commissioner''; and (iii) by striking ``Secretary of Health and Human Services'' in the second sentence and inserting ``Commissioner''. (2) Section 5101(a) is amended by striking ``Secretary of Health and Human Services'' and inserting ``Commissioner of Social Security''. (3) Section 5317 is amended by striking ``Secretary of Health and Human Services'' in subsections (a), (b), and (g) and inserting ``Commissioner of Social Security''. (4)(A) Section 5318 is amended-- (i) in subsection (a), by striking ``Department of Health and Human Services'' and inserting ``Social Security Administration''; and (ii) in subsection (b)-- (I) by striking ``Department of Health and Human Services'' and inserting ``Social Security Administration''; (II) by striking ``Secretary of Health and Human Services'' the first place it appears and inserting ``Commissioner of Social Security''; (III) by striking ``Secretary of Health and Human Services'' the second place it appears and inserting ``Commissioner''; and (IV) by striking ``such Secretaries'' and inserting ``the Secretary and the Commissioner''. (B)(i) The heading of such section is amended to read as follows: ``Sec. 5318. Review of Social Security Administration death information''. (ii) The item relating to that section in the table of sections at the beginning at chapter 53 is amended to read as follows: ``5318. Review of Social Security Administration death information.''. ______ SA 2206. Mr. SPECTER submitted an amendment intended to be proposed by him to the bill S. 671, to amend the Harmonized Tariff Schedule of the United States to modify temporarily certain rates of duty, to make other technical amendments to the trade laws, and for other purposes; which was ordered to lie on the table; as follows: On page 137, between lines 3 and 4, insert the following: SEC. 1421. TEMPORARY DUTY REDUCTIONS FOR CERTAIN COTTON SHIRTING FABRIC. (a) Certain Cotton Shirting Fabrics.-- (1) In general.--Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: `` 9902.52.08 Woven fabrics of Free No change No change On or before 12/ cotton, all the 31/2005 foregoing certified by the importer as suitable for use in making men's and boys' shirts and as imported by or for the benefit of a manufacturer of men's and boys' shirts, subject to the quantity limitations contained in general note 18 of this subchapter (provided for in section 204(b)(3)(B)(i)(I II) of the Andean Trade Preference Act (19 U.S.C. 3203)). [[Page S15206]] 9902.52.09 Woven fabrics of Free No change No change On or before 12/ cotton, all the 31/2005 '' foregoing . certified by the importer as containing 100 percent pima cotton grown in the United States, as suitable for use in making men's and boys' shirts, and as imported by or for the benefit of a manufacturer of men's and boys' shirts (provided for in section 204(b)(3)(B)(i)(I II) of the Andean Trade Preference Act (19 U.S.C. 3203)). (2) Definitions and limitation on quantity of imports.--The U.S. Notes to chapter 99 are amended by adding at the end the following: ``17. For purposes of subheadings 9902.52.08 and 9902.52.09, the term `making' means cutting and sewing in the United States, and the term `manufacturer' means a person or entity that cuts and sews in the United States. ``18. The aggregate quantity of cotton fabrics entered under subheading 9902.52.08 from January 1 to December 31 of each year, inclusive, by or on behalf of each manufacturer of men's and boys' shirts shall be limited to 85 percent of the total square meter equivalents of all imported cotton woven fabric used by such manufacturer in cutting and sewing men's and boys' cotton shirts in the United States and purchased by such manufacturer during calendar year 2000.''. (b) Determination of Tariff-Rate Quotas.-- (1) Authority to issue licenses and license use.--To implement the limitation on the quantity of imports of cotton woven fabrics under subheading 9902.52.08 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 18 to subchapter II of chapter 99 of such Schedule, for the entry, or withdrawal from warehouse for consumption, the Secretary of Commerce shall issue licenses designating eligible manufacturers and the annual quantity restrictions under each such license. A licensee may assign the authority (in whole or in part) to import fabric under subheading 9902.52.08 of such Schedule. (2) Licenses under u.s. note 18.--For purposes of U.S. Note 18 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, as added by subsection (a)(2), a license shall be issued within 60 days of an application containing a notarized affidavit from an officer of the manufacturer that the manufacturer is eligible to receive a license and stating the quantity of imported cotton woven fabric purchased during calendar year 2000 for use in the cutting and sewing men's and boys' shirts in the United States. (3) Affidavits.--For purposes of an affidavit described in this subsection, the date of purchase shall be-- (A) the invoice date if the manufacturer is not the importer of record; and (B) the date of entry if the manufacturer is the importer of record. On page 263, between lines 11 and 12, insert the following: SEC. 2007. COTTON TRUST FUND. (a) In General.--There is established in the Treasury of the United States a trust fund to be known as the ``Pima Cotton Trust Fund'', consisting of $32,000,000 transferred to the Pima Cotton Trust Fund from funds in the general fund of the Treasury. (b) Grants.-- (1) General purpose.--From amounts in the Pima Cotton Trust Fund, the Secretary of Commerce is authorized to provide grants to spinners of United States grown pima cotton, manufacturers of men's and boys' cotton shirting, and a nationally recognized association that promotes the use of pima cotton grown in the United States, to assist such spinners and manufacturers in maximizing United States employment in the production of textile or apparel products and to increase the promotion of the use of United States grown pima cotton respectively. (2) Timing for grant awards.--The Secretary of the Treasury shall, not later than 90 days after the date of enactment of this section, establish guidelines for the application and awarding of the grants described in paragraph (1), and shall award such grants to qualified applicants not later than 180 days after the date of enactment of this section. Each grant awarded under this section shall be distributed to the qualified applicant in 2 equal annual installments. (3) Distribution of funds.--Of the amounts in the Pima Cotton Trust Fund-- (A) $8,000,000 shall be made available to a nationally recognized association established for the promotion of pima cotton grown in the United States for the use in textile and apparel goods; (B) $8,000,000 shall be made available to yarn spinners of pima cotton grown in the United States, and shall be allocated to each spinner based on the percentage of the spinner's production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), from pima cotton grown in the United States in single and plied form during calendar year 2002 (as evidenced by an affidavit provided by the spinner), compared to the production of such yarns for all spinners who qualify under this subparagraph; and (C) $16,000,000 shall be made available to manufacturers who cut and sew cotton shirts in the United States and that certify that they used imported cotton fabric during the period January 1, 1998, through July 1, 2003, and shall be allocated to each manufacturer on the bases of the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during calendar year 2002 (as evidenced by an affidavit from the manufacturer) used in the manufacturing of men's and boys' cotton shirts, compared to the dollar value (excluding duty, shipping, and related costs) of such fabric for all manufacturers who qualify under this subparagraph. (4) Affidavit of shirting manufacturers.--For purposes of paragraph (3)(D), an officer of the manufacturer of men's and boys' shirts shall provide a notarized affidavit affirming-- (A) that the manufacturer used imported cotton fabric during the period January 1, 1998, through July 1, 2003, to cut and sew men's and boys' woven cotton shirts in the United States; (B) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased during calendar year 2002; (C) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and (D) that the fabric was suitable for use in the manufacturing of men's and boys' cotton shirts. (5) Date of purchase.--For purposes of the affidavit required by paragraph (4), the date of purchase shall be the invoice date, and the dollar value shall be determined excluding duty, shipping, and related costs. (6) Affidavit of yarn spinners.--For purposes of paragraph (3)(B), an officer of a company that produces ringspun yarns shall provide a notarized affidavit affirming-- (A) that the manufacturer used pima cotton grown in the United States during the period January 1, 2002, through December 31, 2002, to produce ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during 2002; (B) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002; and (C) that the manufacturer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002. (7) No appeal.--Any grant awarded by the Secretary under this section shall be final and not subject to appeal or protest. (c) Authorization.--There are authorized to be appropriated, and are appropriated out of the amounts in the general fund of the Treasury not otherwise appropriated, such sums as are necessary to carry out the provisions of this section, including funds necessary for the administration and oversight of the grants provided for in this section. ____________________