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Pub.L. 108-171 To extend the national flood insurance program. <> ...
VETERANS HEALTH CARE, CAPITAL ASSET, AND BUSINESS IMPROVEMENT ACT OF
[[Page 117 STAT. 2042]]
Public Law 108-170
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.
<<NOTE: Dec. 6, 2003 - [S. 1156]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Veterans Health Care,
Capital Asset, and Business Improvement Act of 2003.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 38 USC 101 note.>> 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
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
Sec. 103. Eligibility for Department of Veterans Affairs health care for
certain Filipino World War II veterans residing in the United
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
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
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.
[[Page 117 STAT. 2043]]
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
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.
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
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
Sec. 402. Enhancement of authorities relating to nonprofit research
Sec. 403. Department of Defense participation in Revolving Supply Fund
Sec. 404. Five-year extension of housing assistance for homeless
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);
(3) by inserting after subparagraph (A) the following new
``(B) to a veteran who is a former prisoner of war; or''.
[[Page 117 STAT. 2044]]
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
``(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
(2) in paragraph (2)(B)--
(A) by striking out ``paragraph (1)(C) or (1)(D)''
and inserting ``subparagraph (C), (D), or (E) of
paragraph (1)''; and
(B) by striking ``service described in that
paragraph'' and inserting ``service or testing described
in such subparagraph''; and
(3) in paragraph (3)--
(A) by striking ``and'' at the end of subparagraph
(B) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(C) by adding at the end the following new
``(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) <<NOTE: Applicability.>> Subsection (a) applies to any
individual who is a Commonwealth Army veteran or new Philippine Scout
``(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)''.
[[Page 117 STAT. 2045]]
(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
``(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
(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.
``(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
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,
[[Page 117 STAT. 2046]]
(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
(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) <<NOTE: Termination date.>> Notwithstanding subsection (f),
the authority of the Secretary to provide services under the pilot
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108th Congressional Public Laws Records and Documents
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