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Pub.L. 108-423 To require the Secretary of Energy to carry out a program of research and development to advance high-end computing. <> ...
[[Page 118 STAT. 2379]]
Public Law 108-422
To amend title 38, United States Code, to increase the authorization of
appropriations for grants to benefit homeless veterans, to improve
programs for management and administration of veterans' facilities and
health care programs, and for other purposes. <<NOTE: Nov. 30,
2004 - [H.R. 3936]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Veterans Health
Programs Improvement Act of 2004.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 38 USC 101 note.>> Short Title.--This Act may be cited
as the ``Veterans Health Programs Improvement Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
Sec. 1. Short title; table of contents.
Sec. 2. Reference to title 38, United States Code.
TITLE I--ASSISTANCE TO HOMELESS VETERANS
Sec. 101. Authorization of appropriations.
TITLE II--VETERANS LONG-TERM CARE PROGRAMS
Sec. 201. Assistance for hiring and retention of nurses at State
Sec. 202. Treatment of Department of Veterans Affairs per diem payments
to state homes for veterans.
Sec. 203. Extension of authority to provide care under long-term care
Sec. 204. Prohibition on collection of copayments for hospice care.
TITLE III--MEDICAL CARE
Sec. 301. Sexual trauma counseling program.
Sec. 302. Centers for research, education, and clinical activities on
complex multi-trauma associated with combat injuries.
Sec. 303. Enhancement of medical preparedness of Department of Veterans
TITLE IV--MEDICAL FACILITIES MANAGEMENT AND ADMINISTRATION
Subtitle A--Major Medical Facility Leases
Sec. 401. Major medical facility leases.
Sec. 402. Authorization of appropriations.
Sec. 403. Authority for long-term lease of certain lands of University
Subtitle B--Facilities Management
Sec. 411. Department of Veterans Affairs Capital Asset Fund.
Sec. 412. Annual report to Congress on inventory of Department of
Veterans Affairs historic properties.
Sec. 413. Authority to acquire and transfer real property for use for
Sec. 414. Limitation on implementation of mission changes for specified
Veterans Health Administration facilities.
Sec. 415. Authority to use project funds to construct or relocate
surface parking incidental to a construction or nonrecurring
Sec. 416. Inapplicability of limitation on use of advance planning funds
to authorized major medical facility projects.
[[Page 118 STAT. 2380]]
Sec. 417. Improvements to enhanced-use lease authority.
Sec. 418. First option for Commonwealth of Kentucky on Department of
Veterans Affairs Medical Center, Louisville, Kentucky.
Sec. 419. Transfer of jurisdiction, General Services Administration
property, Boise, Idaho.
Subtitle C--Designation of Facilities
Sec. 421. Thomas E. Creek Department of Veterans Affairs Medical Center.
Sec. 422. James J. Peters Department of Veterans Affairs Medical Center.
Sec. 423. Bob Michel Department of Veterans Affairs Outpatient Clinic.
Sec. 424. Charles Wilson Department of Veterans Affairs Outpatient
Sec. 425. Thomas P. Noonan, Jr. Department of Veterans Affairs
TITLE V--PERSONNEL ADMINISTRATION
Sec. 501. Pilot program to study innovative recruitment tools to address
nursing shortages at Department of Veterans Affairs health
Sec. 502. Technical correction to listing of certain hybrid positions in
Veterans Health Administration.
Sec. 503. Under Secretary for Health.
TITLE VI--OTHER MATTERS
Sec. 601. Extension and codification of authority for recovery audits.
Sec. 602. Inventory of medical waste management activities at Department
of Veterans Affairs health care facilities.
Sec. 603. Inclusion of all enrolled veterans among persons eligible to
use canteens operated by Veterans' Canteen Service.
Sec. 604. Annual reports on waiting times for appointments for specialty
Sec. 605. Technical clarification.
SEC. 2. REFERENCE TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States Code.
TITLE I--ASSISTANCE TO HOMELESS VETERANS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Section 2013 is amended in paragraph (4) by striking ``$75,000,000''
and inserting ``$99,000,000''.
TITLE II--VETERANS LONG-TERM CARE PROGRAMS
SEC. 201. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT STATE
(a) In General.--(1) Chapter 17 is amended by inserting after
section 1743 the following new section:
``Sec. 1744. Hiring and retention of nurses: payments to assist States
``(a) Payment Program.--The Secretary shall make payments to States
under this section for the purpose of assisting State homes in the
hiring and retention of nurses and the reduction of nursing shortages at
``(b) Eligible Recipients.--Payments to a State for a fiscal year
under this section shall, subject to submission of an application, be
made to any State that during that fiscal year--
[[Page 118 STAT. 2381]]
``(1) receives per diem payments under this subchapter for
that fiscal year; and
``(2) has in effect an employee incentive scholarship
program or other employee incentive program at a State home
designed to promote the hiring and retention of nursing staff
and to reduce nursing shortages at that home.
``(c) Use of Funds Received.--A State may use an amount received
under this section only to provide funds for a program described in
subsection (b)(2). Any program shall meet such criteria as the Secretary
may prescribe. In prescribing such criteria, the Secretary shall take
into consideration the need for flexibility and innovation.
``(d) Limitations on Amount of Payment.--(1) A payment under this
section may not be used to provide more than 50 percent of the costs for
a fiscal year of the employee incentive scholarship or other employee
incentive program for which the payment is made.
``(2) The amount of the payment to a State under this section for
any fiscal year is, for each State home in that State with a program
described in subsection (b)(2), the amount equal to 2 percent of the
amount of payments estimated to be made to that State, for that State
home, under section 1741 of this title for that fiscal year.
``(e) Applications.--A payment under this section for any fiscal
year with respect to any State home may only be made based upon an
application submitted by the State seeking the payment with respect to
that State home. Any such application shall describe the nursing
shortage at the State home and the employee incentive scholarship
program or other employee incentive program described in subsection (c)
for which the payment is sought.
``(f) Source of Funds.--Payments under this section shall be made
from funds available for other payments under this subchapter.
``(g) Disbursement.--Payments under this section to a State home
shall be made as part of the disbursement of payments under section 1741
of this title with respect to that State home.
``(h) Use of Certain Receipts.--The Secretary shall require as a
condition of any payment under this section that, in any case in which
the State home receives a refund payment made by an employee in breach
of the terms of an agreement for employee assistance that used funds
provided under this section, the payment shall be returned to the State
home's incentive program account and credited as a non-Federal funding
``(i) Annual Report From Payment Recipients.--Any State home
receiving a payment under this section for any fiscal year, shall, as a
condition of the payment, be required to agree to provide to the
Secretary a report setting forth in detail the use of funds received
through the payment, including a descriptive analysis of how effective
the incentive program has been on nurse staffing in the State home
during that fiscal year. The report for any fiscal year shall be
provided to the Secretary within 60 days of the close of the fiscal year
and shall be subject to audit by the Secretary. Eligibility for a
payment under this section for any later fiscal year is contingent upon
the receipt by the Secretary of the annual report under this subsection
for the previous fiscal year in accordance with this subsection.
[[Page 118 STAT. 2382]]
``(j) Regulations.--The Secretary shall prescribe regulations to
carry out this section. The regulations shall include the establishment
of criteria for the award of payments under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after section 1743 the following new item:
``1744. Hiring and retention of nurses: payments to assist States.''.
(b) <<NOTE: 38 USC 1744 note.>> Implementation.--The Secretary of
Veterans Affairs shall implement section 1744 of title 38, United States
Code, as added by subsection (a), as expeditiously as
possible. <<NOTE: Procedures. Deadline.>> The Secretary shall establish
such interim procedures as necessary so as to ensure that payments are
made to eligible States under that section commencing not later than
June 1, 2005, notwithstanding that regulations under subsection (j) of
that section may not have become final.
SEC. 202. TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS PER DIEM PAYMENTS
TO STATE HOMES FOR VETERANS.
Section 1741 is amended by adding at the end the following new
``(e) Payments to States pursuant to this section shall not be
considered a liability of a third party, or otherwise be used to offset
or reduce any other payment made to assist veterans.''.
SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE CARE UNDER LONG-TERM CARE
Subsection (h) of section 102 of the Veterans Millennium Health Care
and Benefits Act (38 U.S.C. 1710B note) is amended--
(1) by inserting ``(1)'' before ``The authority of''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of a veteran who is participating in a pilot
program under this section as of the end of the three-year period
applicable to that pilot program under paragraph (1), the Secretary may
continue to provide to that veteran any of the services that could be
provided under the pilot program. <<NOTE: Applicability.>> The authority
to provide services to any veteran under the preceding sentence applies
during the period beginning on the date specified in paragraph (1) with
respect to that pilot program and ending on December 31, 2005.''.
SEC. 204. PROHIBITION ON COLLECTION OF COPAYMENTS FOR HOSPICE CARE.
Section 1710B(c)(2) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
``(B) to a veteran being furnished hospice care under this
TITLE III--MEDICAL CARE
SEC. 301. SEXUAL TRAUMA COUNSELING PROGRAM.
(a) Permanent Authority for Program.--Section 1720D(a) is amended--
(1) in paragraph (1), by striking ``During the period
through December 31, 2004, the'' and inserting ``The''; and
[[Page 118 STAT. 2383]]
(2) in paragraph (2), by striking ``, during the period
through December 31, 2004,''.
(b) Extension to Cover Active Duty for Training.--Such section is
further amended by inserting ``or active duty for training'' in
paragraph (1) before the period at the end.
SEC. 302. CENTERS FOR RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES ON
COMPLEX MULTI-TRAUMA ASSOCIATED WITH COMBAT INJURIES.
(a) In General.--(1) Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7327. Centers for research, education, and clinical activities on
complex multi-trauma associated with combat
``(a) Purpose.--The purpose of this section is to provide for the
improvement of the provision of health care services and related
rehabilitation and education services to eligible veterans suffering
from complex multi-trauma associated with combat injuries through--
``(1) the development of improved models and systems for the
furnishing by the Department of health care, rehabilitation, and
education services to veterans;
``(2) the conduct of research to support the provision of
such services in accordance with the most current evidence on
multi-trauma injuries; and
``(3) the education and training of health care personnel of
the Department with respect to the provision of such services.
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108th Congressional Public Laws Records and Documents
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