[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3260 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 3260
To amend title 38, United States Code, to extend certain authorities
for health care services and reporting dates and to augment certain
health care business practices or programs administered by the
Secretary of Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2003
Mr. Smith of New Jersey (for himself and Mr. Evans) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to extend certain authorities
for health care services and reporting dates and to augment certain
health care business practices or programs administered by the
Secretary of Veterans Affairs.
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' Extended
Health Care Services and Business Enhancements 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. Five-year extension of period for provision of noninstitutional
extended-care services and required nursing
home care.
Sec. 3. Improved benefits for former prisoners of war.
Sec. 4. Enhancements to enhanced-use lease authority.
Sec. 5. Department of Defense participation in revolving supply fund
purchases.
Sec. 6. Enhancement of authorities relating to nonprofit research
corporations.
Sec. 7. Report date changes.
Sec. 8. Designation of Department of Veterans Affairs Medical Center,
Prescott, Arizona, as the Bob Stump
Department of Veterans Affairs Medical
Center.
SEC. 2. 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)
of title 38, United States Code, 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) of such title is
amended by striking ``December 31, 2003'' and inserting ``December 31,
2008''.
(c) Extension of Report Date.--Section 101(i) of the Veterans
Millennium Health Care and Benefits Act (38 U.S.C. 1710A note) is
amended by striking ``January 1, 2003,'' and inserting ``January 1,
2008,''.
SEC. 3. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR.
(a) Outpatient Dental Care for All Former Prisoners of War.--
Section 1712(a)(1)(F) of title 38, United States Code, 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) of such title 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. 4. ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY.
(a) Increased Flexibility Under Enhanced-Use Leases.--Section
8162(a)(2)(B) of title 38, United States Code, is amended--
(1) by striking ``proposed by the Under Secretary for
Health'' and inserting ``proposed by one of the Under
Secretaries''; and
(2) by striking ``to the provision of medical care and
services'' and inserting ``to the programs and activities of
the Department''.
(b) Notification of Property to Be Leased.--Section 8163 of such
title 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).
(c) Disposition of Leased Property.--Section 8164 of such title 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''.
(d) Use of Proceeds.--Section 8165 of such title is amended--
(1) in subsection (a)--
(A) by inserting after ``of this title'' the
following: ``, except that any funds received by the
Department under an enhanced-use lease in support of
the Veterans Benefits Administration or the National
Cemetery Administration and remaining after any
deduction from such funds under subsection (b) shall be
credited to applicable appropriations of that
Administration''; and
(B) in paragraph (2), by striking ``and remaining
after'' and all that follows through ``nursing home
revolving fund'' and inserting ``shall be deposited in
applicable appropriations of the Administration of the
Department that had functional control of the leased
property before the Secretary entered into the
enhanced-use lease'';
(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).
(e) Clerical Amendments.--(1) The heading of section 8163 of such
title 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 of such title is amended to read as
follows:
``8163. Hearing and notice requirements regarding proposed leases.''.
SEC. 5. DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING SUPPLY FUND
PURCHASES.
(a) Enhancement of Department of Defense Participation.--Section
8121 of title 38, United States Code, 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) 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. 6. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH
CORPORATIONS.
(a) Coverage of Personnel Under Tort Claims Laws.--(1) Subchapter
IV of chapter 73 of title 38, United States Code, is amended by
inserting after section 7364 the following new section:
``Sec. 7364A. Coverage of employees under certain Federal tort claims
``(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.''.
(b) Clarification of Executive Director's Ethics Certification
Duties.--Section 7366(c) of such title 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.''.
(c) Five-Year Extension of Authority to Establish Research
Corporations.--Section 7368 of such title is amended by striking
``December 31, 2003'' and inserting ``December 31, 2008''.
SEC. 7. REPORT DATE CHANGES.
(a) Senior Managers Quarterly Report.--Section 516(e)(1)(A) of
title 38, United States Code, is amended by striking ``30 days'' and
inserting ``45 days''.
(b) Annual Report on Assistance to Homeless Veterans.--Section
2065(a) of such title 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) of such 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 2004''.
(d) Annual Reports on Long-Range Health Planning.--Section 8107 of
such title is amended--
(1) in subsection (a), by striking ``each year'' in the
second sentence and all that follows through ``title 31'' and
inserting ``June 1 of each year''; and
(2) in subsection (c), by striking ``January 31'' and
inserting ``June 1''.
(e) Annual Report on Sharing of Health Care Resources.--Section
8153(g) of such title is amended by striking ``not more than 60 days
after the end of each fiscal year'' and inserting ``not later than
February 1 of each year''.
(f) 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 2004''.
SEC. 8. 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.
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