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: Establishment. "§ 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 pro grams. (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 Depart ment. "(4) The Director shall submit to the Under Secretary for Reports. 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. "(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, Deadline. 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 (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: "§ 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 Applicability. 38 USC 8121 note. "(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 (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". ough 200NUAL REPORT (d) 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". Approved December 6, 2003. LEGISLATIVE HISTORY-S. 1156: SENATE REPORTS: No. 108-193 (Comm. on Veterans' Affairs). Nov. 19, considered and passed Senate. |