[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1720 Referred in Senate (RFS)]
1st Session
H. R. 1720
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 30, 2003
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
To authorize the Secretary of Veterans Affairs to carry out
construction projects for the purpose of improving, renovating,
establishing, and updating patient care facilities at Department of
Veterans Affairs medical centers, to provide by law for the
establishment and functions of the Office of Research Oversight in the
Veterans Health Administration of the Department of Veterans Affairs,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Health
Care Facilities Capital Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Authorization of major medical facility projects for patient
care improvements.
Sec. 3. Authorization of major medical facility projects and leases.
Sec. 4. Authorization of major medical facility projects, former
Fitzsimons Army Medical Center, Aurora,
Colorado.
Sec. 5. Limitation on disposal of Lakeside Division, Department of
Veterans Affairs medical facilities,
Chicago, Illinois.
Sec. 6. Plans for facilities in southern New Jersey and far South
Texas.
Sec. 7. Increase in major medical facility construction cost
threshold.
Sec. 8. Study and report on feasibility of coordination of veterans
health care services in South Carolina with
new university medical center.
Sec. 9. Name of Department of Veterans Affairs health care facility,
Chicago, Illinois.
Sec. 10. Name of Department of Veterans Affairs outpatient clinic, New
London, Connecticut.
Sec. 11. Office of Research Oversight in Veterans Health
Administration.
SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS FOR PATIENT
CARE IMPROVEMENTS.
(a) In General.--(1) Subject to paragraph (3), the Secretary of
Veterans Affairs is authorized to carry out major medical facility
projects in accordance with this section, using funds appropriated for
fiscal year 2004 or 2005 pursuant to subsection (e). The cost of any
such project may not exceed--
(A) $100,000,000 in fiscal year 2004; and
(B) $125,000,000 in fiscal year 2005.
(2) Projects carried out under this section are not subject to
section 8104(a)(2) of title 38, United States Code.
(3) The Secretary may not award a contract by reason of the
authorization provided by paragraph (1) until after the Secretary has
awarded a contract for each construction project authorized by section
3(a) and a contract for each lease authorized by section 3(d).
(b) Type of Projects.--A project carried out under subsection (a)
may be carried out only at a Department of Veterans Affairs medical
center and only for the purpose of one or more of the following:
(1) Improving a patient care facility.
(2) Replacing a patient care facility.
(3) Renovating a patient care facility.
(4) Updating a patient care facility to contemporary
standards.
(5) Establishing a new patient care facility at a location
where no Department patient care facility exists.
(6) Improving, replacing, or renovating a research facility
or updating such a facility to contemporary standards.
(c) Purpose of Projects.--In selecting medical centers for projects
under subsection (a), the Secretary shall select projects to improve,
replace, renovate, update, or establish facilities to achieve one or
more of the following:
(1) Seismic protection improvements related to patient
safety (or, in the case of a research facility, patient or
employee safety).
(2) Fire safety improvements.
(3) Improvements to utility systems and ancillary patient
care facilities (including such systems and facilities that may
be exclusively associated with research facilities).
(4) Improved accommodation for persons with disabilities,
including barrier-free access.
(5) Improvements at patient care facilities to specialized
programs of the Department, including the following:
(A) Blind rehabilitation centers.
(B) Inpatient and residential programs for
seriously mentally ill veterans, including mental
illness research, education, and clinical centers.
(C) Residential and rehabilitation programs for
veterans with substance-use disorders.
(D) Physical medicine and rehabilitation
activities.
(E) Long-term care, including geriatric research,
education, and clinical centers, adult day care
centers, and nursing home care facilities.
(F) Amputation care, including facilities for
prosthetics, orthotics programs, and sensory aids.
(G) Spinal cord injury centers.
(H) Traumatic brain injury programs.
(I) Women veterans' health programs (including
particularly programs involving privacy and
accommodation for female patients).
(J) Facilities for hospice and palliative care
programs.
(d) Review Process.--(1) The Secretary shall provide that, before a
project is submitted to the Secretary with a recommendation that it be
approved as a project to be carried out under the authority of this
section, the project shall be reviewed by a board within the Department
of Veterans Affairs that is independent of the Veterans Health
Administration and that is constituted by the Secretary to evaluate
capital investment projects. The board shall review such project to
determine the project's relevance to the medical care mission of the
Department and whether the project improves, renovates, repairs,
establishes, or updates facilities of the Department in accordance with
this section.
(2) In selecting projects to be carried out under the authority
provided by this section, the Secretary shall consider the
recommendations of the board under paragraph (1). In any case in which
the Secretary approves a project to be carried out under this section
that was not recommended for such approval by the board under paragraph
(1), the Secretary shall include in the report of the Secretary under
subsection (g)(2) notice of such approval and the Secretary's reasons
for not following the recommendation of the board with respect to that
project.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs for the Construction,
Major Projects, account for projects under this section--
(1) $167,900,000 for fiscal year 2004; and
(2) $600,000,000 for fiscal year 2005.
(f) Limitation.--Projects may be carried out under this section
only using funds appropriated pursuant to the authorization of
appropriations in subsection (e), except that funds appropriated for
advance planning may be used for the purposes for which appropriated in
connection with such projects.
(g) Reports.--(1) Not later than April 1, 2005, the Comptroller
General shall submit to the Committees on Veterans' Affairs and on
Appropriations of the Senate and House of Representatives a report
evaluating the advantages and disadvantages of congressional
authorization for projects of the type described in subsection (b)
through general authorization as provided by subsection (a), rather
than through specific authorization as would otherwise be applicable
under section 8104(a)(2) of title 38, United States Code. Such report
shall include a description of the actions of the Secretary of Veterans
Affairs during fiscal year 2004 to select and carry out projects under
this section.
(2) Not later than 120 days after the date on which the site for
the final project under this section for each such fiscal year is
selected, the Secretary shall submit to the committees referred to in
paragraph (1) a report on the authorization process under this section.
The Secretary shall include in each such report the following:
(A) A listing by project of each such project selected by
the Secretary under that section, together with a prospectus
description of the purposes of the project, the estimated cost
of the project, and a statement attesting to the review of the
project under subsection (c), and, if that project was not
recommended by the board, the Secretary's justification under
subsection (d) for not following the recommendation of the
board.
(B) An assessment of the utility to the Department of
Veterans Affairs of that authorization process.
(C) Such recommendations as the Secretary considers
appropriate for future congressional policy for authorizations
of major and minor medical facility construction projects for
the Department of Veterans Affairs.
(D) Any other matter that the Secretary considers to be
appropriate with respect to oversight by Congress of capital
facilities projects of the Department of Veterans Affairs.
SEC. 3. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS AND LEASES.
(a) Project Authorizations.--The Secretary of Veterans Affairs may
carry out the following major medical facility projects, with each
project to be carried out in the amount specified for that project:
(1) Construction of a new bed tower to consolidate two
inpatient sites of care in inner city 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.
(2) 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.
(3) 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.
(4) Construction of a medical facility on available Federal
land at the Defense Supply Center, Columbus, Ohio, in an amount
not to exceed $90,000,000.
(5) Construction of a Department of Veterans Affairs-
Department of 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.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2004
for the Construction, Major Projects, account $332,100,000 for the
projects authorized in subsection (a).
(c) Limitation.--The projects authorized in subsection (a) may only
be carried out using--
(1) funds appropriated for fiscal year 2004 pursuant to the
authorization of appropriations in subsection (b);
(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.
(d) Authorization of Major Medical Facility Leases.--The Secretary
of Veterans Affairs may enter into leases as follows:
(1) For an outpatient clinic in Charlotte, North Carolina,
in an amount not to exceed $3,000,000.
(2) For facilities for a multi-specialty outpatient clinic
for the Veterans Health Administration and a satellite office
for the Veterans Benefits Administration in Clark County,
Nevada, at an annual lease amount not to exceed $6,500,000.
(3) For facilities authorized in section 4 at the site of
the former Fitzsimons Army Medical Center, Aurora, Colorado, in
an amount not to exceed $30,000,000.
SEC. 4. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS, FORMER
FITZSIMONS ARMY MEDICAL CENTER, AURORA, COLORADO.
(a) Authorization.--The Secretary of Veterans Affairs may carry out
major medical facility projects under section 8104 of title 38, United
States Code, at the site of the former Fitzsimons Army Medical Center,
Aurora, Colorado. Projects to be carried out at such site shall be
selected by the Secretary and may include inpatient and outpatient
facilities providing acute, sub-acute, primary, and long-term care
services. The cost of projects under this section shall be limited to--
(1) an amount not to exceed a total of $300,000,000 if
either direct construction or a combination of direct
construction and leasing is selected by the Secretary under
subsection (b); and
(2) no more than $30,000,000 per year in leasing costs if a
leasing option is selected by the Secretary as the sole option
under subsection (b).
(b) Selection of Option.--The Secretary of Veterans shall select
the option to carry out the authority provided in subsection (a) of
either--
(1) direct construction by the Department of Veterans
Affairs or a combination of direct construction and leasing; or
(2) leasing alone.
(c) Consultation With Secretary of Defense.--The Secretary of
Veterans Affairs shall consult with the Secretary of Defense in
carrying out this section. Such consultation shall include
consideration of establishing a Department of Veterans Affairs-
Department of Defense joint health-care venture at the site of the
project or projects under subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal years
2004, 2005, and 2006 for ``Construction, Major Projects'' for the
purposes authorized in subsection (a).
(e) Limitation.--The projects authorized in subsection (a) may only
be carried out using--
(1) funds appropriated for fiscal year 2004, 2005, or 2006
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, 2005, or 2006 for a category of activity
not specific to a project.
(f) Report to Congressional Committees.--After complying with
applicable provisions of the National Environmental Policy Act of 1969,
but not later than one year after the date of the enactment of this
Act, the Secretary shall submit to the Committees on Appropriations and
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on this section. The report shall include the
following:
(1) Notice of the option selected by the Secretary pursuant
to subsection (b) to carry out the authority provided by
subsection (a).
(2) Information on any further planning required to carry
out the authority provided in subsection (a).
(3) Other information of assistance to the committees with
respect to such authority.
SEC. 5. LIMITATION ON DISPOSAL OF LAKESIDE DIVISION, DEPARTMENT OF
VETERANS AFFAIRS MEDICAL FACILITIES, CHICAGO, ILLINOIS.
(a) Limitation.--The Secretary of Veterans Affairs may not make a
final disposal under section 8162 of title 38, United States Code, of
the Lakeside Division facility of the Department of Veterans Affairs
medical facilities in Chicago, Illinois, until the Secretary has
entered into a contract for the construction project authorized by
section 3(a)(1).
(b) Definition.--For purposes of this section, the term
``disposal'', with respect to the Lakeside Division facility, includes
entering into a long-term lease or sharing agreement under which a
party other than the Secretary has operational control of the facility.
SEC. 6. PLANS FOR FACILITIES IN SOUTHERN NEW JERSEY AND FAR SOUTH
TEXAS.
(a) Plan.--(1) The Secretary of Veterans Affairs shall develop--
(A) a plan to establish an inpatient facility to meet
hospital care needs of veterans who reside in southern New
Jersey; and
(B) a plan for hospital care needs of veterans who reside
in far south Texas.
(2) In developing the plans under paragraph (1), the Secretary
shall, at a minimum, consider options using the existing authorities of
section 8111 and 8153 of title 38, United States Code--
(A) to establish a hospital staffed and managed by
employees of the Department, either in private or public
facilities, including Federal facilities; or
(B) to enter into contracts with existing private
facilities and private providers for that care.
(b) Reports.--The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on each plan under subsection (a) not later than January 31, 2004.
(c) Definitions.--In this section:
(1) The term ``far south Texas'' means the 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.
(2) The term ``southern New Jersey'' means the following
counties of the State of New Jersey: Ocean, Burlington, Camden,
Gloucester, Salem, Cumberland, Atlantic, and Cape May.
SEC. 7. INCREASE IN MAJOR MEDICAL FACILITY CONSTRUCTION COST THRESHOLD.
Section 8104(a)(3)(A) of title 38, United States Code, is amended
by striking ``$4,000,000'' and inserting ``$6,000,000''.
SEC. 8. STUDY AND REPORT ON FEASIBILITY OF 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 of Veterans Affairs 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 relationship 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 March 31, 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).
SEC. 9. NAME OF DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE FACILITY,
CHICAGO, ILLINOIS.
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, map, regulation, document, paper, or other record
of the United States shall be considered to be a reference to the Jesse
Brown Department of Veterans Affairs Medical Center.
SEC. 10. NAME 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. 11. OFFICE OF RESEARCH OVERSIGHT IN VETERANS HEALTH
ADMINISTRATION.
(a) Statutory Charter.--(1) Chapter 73 of title 38, United States
Code, is amended by inserting after 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, animal welfare, research safety, and research
impropriety and misconduct. The Office shall function independently of
entities within the Veterans Health Administration with responsibility
for the conduct of medical research programs.
``(2) The Office shall--
``(A) monitor, review, and investigate matters of medical
research compliance and assurance in the Department with
respect to human subjects protections and animal welfare; and
``(B) monitor, review, and investigate matters relating to
the protection and safety of human subjects, research animals,
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 and laboratory animals 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 management and conduct of Department medical research
programs.
``(2) The matters to be reported by the Director to the Under
Secretary under paragraph (1) include the following:
``(A) Lack of required integrity of content, validity of
approach, and ethical conduct of employees in Department
medical research programs.
``(B) 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.
``(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 of the Office shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives a report on the
activities of the Office during the preceding calendar year. Each such
report shall include, with respect to that year, the following:
``(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' has the meaning given such term 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 of title 38, United States
Code, is amended by striking subsection (e).
(c) Comptroller General Report.--(1) The Comptroller General shall
conduct a study to assess--
(A) the effects of the establishment by law of the Office
of Research Oversight in section 7307 of title 38, United
States Code, as added by subsection (a);
(B) the effects of the specification by law of the
functions of that Office; and
(C) improvements in the conduct of ethical medical research
in the Veterans Health Administration.
(2) Not later than January 1, 2006, the Comptroller General shall
submit to the Committees on Veterans' Affairs of the House and Senate a
report on the study conducted under paragraph (1). The Comptroller
General shall include in the report such recommendations for
legislation and administrative action as the Comptroller General
considers appropriate.
(d) Report by Secretary of Veterans Affairs.--Not later than 180
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 setting forth the
results of the implementation of section 7307 of title 38, United
States Code, as added by subsection (a).
Passed the House of Representatives October 29, 2003.
Attest:
JEFF TRANDAHL,
Clerk.