[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4768 Reported in House (RH)]






                                                 Union Calendar No. 403
108th CONGRESS
  2d Session
                                H.R. 4768

                          [Report No. 108-663]

 To amend title 38, United States Code, to authorize the Secretary of 
 Veterans Affairs to enter into certain major medical facility leases, 
   to authorize that Secretary to transfer real property subject to 
              certain limitations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 7, 2004

 Mr. Simmons (for himself, Mr. Rodriguez, Mr. Smith of New Jersey, Mr. 
   Evans, Mr. Stearns, Mr. Miller of Florida, Mr. Beauprez, and Mr. 
   Filner) introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

                           September 8, 2004

                 Additional sponsor: Mr. Turner of Ohio

                           September 8, 2004

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on July 7, 
                                 2004]

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to authorize the Secretary of 
 Veterans Affairs to enter into certain major medical facility leases, 
   to authorize that Secretary to transfer real property subject to 
              certain limitations, 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; REFERENCES TO TITLE 38, UNITED STATES CODE; 
              TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Veterans Health 
Programs and Facilities Enhancement Act of 2004''.
    (b) 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.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; references to title 38, United States Code; table 
                            of contents.

                 TITLE I--MEDICAL FACILITIES MANAGEMENT

Sec. 101. Major medical facility leases.
Sec. 102. Department of Veterans Affairs Capital Asset Fund.
Sec. 103. Annual report to Congress on inventory of Department of 
                            Veterans Affairs historic properties.
Sec. 104. Authority to use project funds to construct or relocate 
                            surface parking incidental to a 
                            construction or nonrecurring maintenance 
                            project.
Sec. 105. Inapplicability of limitation on use of advance planning 
                            funds to authorized major medical facility 
                            projects.
Sec. 106. Improvement in enhanced-use lease authorities.
Sec. 107. Extension of authority to provide care under long-term care 
                            pilot programs.

                        TITLE II--OTHER MATTERS

Sec. 201. Inclusion of all enrolled veterans among persons eligible to 
                            use canteens operated by Veterans' Canteen 
                            Service.
Sec. 202. Enhancement of medical preparedness of Department.

                 TITLE I--MEDICAL FACILITIES MANAGEMENT

SEC. 101. MAJOR MEDICAL FACILITY LEASES.

    (a) Authorized Leases.--The Secretary of Veterans Affairs may enter 
into contracts for major medical facility leases at the following 
locations, in an amount for each facility lease not to exceed the 
amount shown for that location:
            (1) Wilmington, North Carolina, Outpatient Clinic, 
        $1,320,000.
            (2) Greenville, North Carolina, Outpatient Clinic, 
        $1,220,000.
            (3) Norfolk, Virginia, Outpatient Clinic, $1,250,000.
            (4) Summerfield, Florida, Marion County Outpatient Clinic, 
        $1,230,000.
            (5) Knoxville, Tennessee, Outpatient Clinic, $850,000.
            (6) Toledo, Ohio, Outpatient Clinic, $1,200,000.
            (7) Crown Point, Indiana, Outpatient Clinic, $850,000.
            (8) Fort Worth, Texas, Tarrant County Outpatient Clinic, 
        $3,900,000.
            (9) Plano, Texas, Collin County Outpatient Clinic, 
        $3,300,000.
            (10) San Antonio, Texas, Northeast Central Bexar County 
        Outpatient Clinic, $1,400,000.
            (11) Corpus Christi, Texas, Outpatient Clinic, $1,200,000.
            (12) Harlingen, Texas, Outpatient Clinic, $650,000.
            (13) Denver, Colorado, Health Administration Center, 
        $1,950,000.
            (14) Oakland, California, Outpatient Clinic, $1,700,000.
            (15) San Diego, California, North County Outpatient Clinic, 
        $1,300,000.
            (16) San Diego, California, South County, Outpatient 
        Clinic, $1,100,000.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Veterans Affairs for fiscal year 2005 
for the Medical Care account, $24,420,000 for the leases authorized in 
subsection (a).
    (c) Authority for Lease of Certain Lands of University of 
Colorado.--Notwithstanding section 8103 of title 38, United States 
Code, the Secretary of Veterans Affairs may enter into a lease for real 
property located at the Fitzsimons Campus of the University of Colorado 
for a period up to 75 years.

SEC. 102. DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET FUND.

    (a) Establishment of Fund.--(1) Subchapter I of chapter 81 is 
amended by adding at the end the following new section:
``Sec. 8118. Authority for transfer of real property; Capital Asset 
              Fund
    ``(a)(1) The Secretary may transfer real property under the 
jurisdiction or control of the Secretary (including structures and 
equipment associated therewith) to another department or agency of the 
United States or to a State (or a political subdivision of a State) or 
to any public or private entity, including an Indian tribe. Such a 
transfer may be made only if the Secretary receives compensation of not 
less than the fair market value of the property, except that no 
compensation is required, or compensation at less than fair market 
value may be accepted, in the case of a transfer to a grant and per 
diem provider (as defined in section 2002 of this title). When a 
transfer is made to a grant and per diem provider for less than fair 
market value, the Secretary shall require in the terms of the 
conveyance that if the property transferred is used for any purpose 
other than a purpose under chapter 20 of this title, all right, title, 
and interest to the property shall revert to the United States.
    ``(2) The Secretary may exercise the authority provided by this 
section notwithstanding sections 521, 522 and 541-545 of title 40. Any 
such transfer shall be in accordance with this section and section 8122 
of this title.
    ``(3) The authority provided by this section may not be used in a 
case to which section 8164 of this title applies.
    ``(4) The Secretary may enter into partnerships or agreements with 
public or private entities dedicated to historic preservation to 
facilitate the transfer, leasing, or adaptive use of structures or 
properties specified in subsection (b)(3)(D).
    ``(5) The authority of the Secretary under paragraph (1) expires on 
the date that is seven years after the date of the enactment of this 
section.
    ``(b)(1) There is established in the Treasury of the United States 
a revolving fund to be known as the Department of Veterans Affairs 
Capital Asset Fund (hereinafter in this section referred to as the 
`Fund'). Amounts in the Fund shall remain available until expended.
    ``(2) Proceeds from the transfer of real property under this 
section shall be deposited into the Fund.
    ``(3) To the extent provided in advance in appropriations Acts, 
amounts in the Fund may be expended for the following purposes:
            ``(A) Costs associated with the transfer of real property 
        under this section, including costs of demolition, 
        environmental remediation, maintenance and repair, improvements 
        to facilitate the transfer, and administrative expenses.
            ``(B) Costs, including costs specified in subparagraph (A), 
        associated with future transfers of property under this 
        section.
            ``(C) Costs associated with enhancing medical care services 
        to veterans by improving, renovating, replacing, updating, and 
        establishing patient care facilities through construction 
        projects to be carried out for an amount less than the amount 
        specified in 8104(a)(3)(A) for a major medical facility 
        project.
            ``(D) Costs, including costs specified in subparagraph (A), 
        associated with the transfer, lease or adaptive use of a 
        structure or other property under the jurisdiction of the 
        Secretary that is listed on the National Register of Historic 
        Places.
    ``(c) The Secretary shall include in the budget justification 
materials submitted to Congress for any fiscal year in support of the 
President's budget for that year for the Department specification of 
the following:
            ``(1) The real property transfers to be undertaken in 
        accordance with this section during that fiscal year.
            ``(2) All transfers completed under this section during the 
        preceding fiscal year and completed and scheduled to be 
        completed during the year during which the budget is submitted.
            ``(3) The deposits into, and expenditures from, the Fund 
        that are incurred or projected for each of the preceding fiscal 
        year, the current fiscal year, and the fiscal year covered by 
        the budget.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 8117 the 
following new item:

``8118. Authority for transfer of real property; Capital Asset Fund.''.
    (b) Initial Authorization of Appropriations.--There is authorized 
to be appropriated to the Department of Veterans Affairs Capital Asset 
Fund established under section 8118 of title 38, United States Code (as 
added by subsection (a)), the amount of $10,000,000.
    (c) Termination of Nursing Home Revolving Fund.--(1) Section 8116 
is repealed.
    (2) The table of sections at the beginning of chapter 81 is amended 
by striking the item relating to section 8116.
    (d) Transfer of Unobligated Balances to Capital Asset Fund.--Any 
unobligated balances in the nursing home revolving fund under section 
8116 of title 38, United States Code, as of the date of the enactment 
of this Act shall be deposited in the Department of Veterans Affairs 
Capital Asset Fund established under section 8118 of title 38, United 
States Code (as added by subsection (a)).
    (e) Procedures Applicable to Transfers.--(1) Paragraph (2) of 
section 8122(a) is amended to read as follows:
    ``(2) Except as provided in paragraph (3), the Secretary may not 
during any fiscal year transfer to any other department or agency of 
the United States or to any other entity real property that is owned by 
the United States and administered by the Secretary unless the proposed 
transfer is described in the budget submitted to Congress pursuant to 
section 1105 of title 31 for that fiscal year.''.
    (2) Section 8122(d) is amended--
            (A) by inserting ``(1)'' before ``Real property''; and
            (B) by adding at the end the following new paragraph:
    ``(2) The Secretary may transfer real property under this section, 
or under section 8118 of this title if the Secretary--
            ``(A) places a notice in the real estate section of local 
        newspapers and in the Federal Register of the Secretary's 
intent to transfer that real property (including land, structures, and 
equipment associated with the property);
            ``(B) holds a public hearing;
            ``(C) provides notice to the Administrator of General 
        Services of the Secretary's intention to transfer that real 
        property and waits for 30 days to elapse after providing that 
        notice; and
            ``(D) after such 30-day period has elapsed, notifies the 
        congressional veterans' affairs committees of the Secretary's 
        intention to dispose of the property and waits for 60 days to 
        elapse from the date of that notice.''.
    (3) Section 8164(a) is amended by inserting ``8118 or'' after 
``rather than under section''.
    (4) Section 8165(a)(2) is amended by striking ``nursing home 
revolving fund'' and inserting ``Capital Asset Fund established under 
section 8118 of this title''.
    (f) Contingent Effectiveness.--The amendments made by this section 
shall take effect at the end of the 30-day period beginning on the date 
on which the Secretary of Veterans Affairs certifies to Congress that 
the Secretary is in compliance with subsection (b) of section 1710B of 
title 38, United States Code. Such certification shall demonstrate a 
plan for, and commitment to, ongoing compliance with the requirements 
of that subsection.
    (g) Continuing Reports.--Following a certification under subsection 
(f), the Secretary shall submit to Congress an update on that 
certification every six months until the certification is included in 
the Department's annual budget submission.

SEC. 103. ANNUAL REPORT TO CONGRESS ON INVENTORY OF DEPARTMENT OF 
              VETERANS AFFAIRS HISTORIC PROPERTIES.

    (a) In General.--Not later than December 15 of 2005, 2006, and 
2007, the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and House of Representatives a 
report on the historic properties administered or controlled by the 
Secretary.
    (b) Initial Report.--In the initial report under subsection (a), 
the Secretary shall set forth a complete inventory of the historic 
structures and property under the jurisdiction of the Secretary. The 
report shall include a description and classification of each such 
property based upon historical nature, current physical condition, and 
potential for transfer, leasing, or adaptive use.
    (c) Subsequent Reports.--In reports under subsection (a) after the 
initial report, the Secretary shall provide an update of the status of 
each property identified in the initial report, with the proposed and 
actual disposition of each property. Each such report shall include any 
recommendation of the Secretary for legislation to enhance the 
transfer, leasing or adaptive use of such properties.

SEC. 104. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR RELOCATE 
              SURFACE PARKING INCIDENTAL TO A CONSTRUCTION OR 
              NONRECURRING MAINTENANCE PROJECT.

    Section 8109 is amended by adding at the end the following new 
subsection:
    ``(j) Funds in a construction account or capital account that are 
available for a construction project or a nonrecurring maintenance 
project may be used for the construction or relocation of a surface 
parking lot incidental to that project.''.

SEC. 105. INAPPLICABILITY OF LIMITATION ON USE OF ADVANCE PLANNING 
              FUNDS TO AUTHORIZED MAJOR MEDICAL FACILITY PROJECTS.

    Section 8104 is amended by adding at the end the following new 
subsection:
    ``(g) The limitation in subsection (f) does not apply to a project 
for which funds have been authorized by law in accordance with 
subsection (a)(2).''.

SEC. 106. IMPROVEMENT IN ENHANCED-USE LEASE AUTHORITIES.

    Section 8166(a) is amended by inserting ``land use,'' in the second 
sentence after ``relating to''.

SEC. 107. EXTENSION OF AUTHORITY TO PROVIDE CARE UNDER LONG-TERM CARE 
              PILOT PROGRAMS.

    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. 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.''.

                        TITLE II--OTHER MATTERS

SEC. 201. INCLUSION OF ALL ENROLLED VETERANS AMONG PERSONS ELIGIBLE TO 
              USE CANTEENS OPERATED BY VETERANS' CANTEEN SERVICE.

    The text of section 7803 is amended to read as follows:
    ``(a) Primary Beneficiaries.--Canteens operated by the Service 
shall be primarily for the use and benefit of--
            ``(1) veterans hospitalized or domiciled at the facilities 
        at which canteen services are provided; and
            ``(2) other veterans who are enrolled under section 1705 of 
        this title.
    ``(b) Other Authorized Users.--Service at such canteens may also be 
furnished to--
            ``(1) personnel of the Department and recognized veterans' 
        organizations who are employed at a facility at which canteen 
        services are provided and to other persons so employed;
            ``(2) the families of persons referred to in paragraph (1) 
        who reside at the facility; and
            ``(3) relatives and other persons while visiting a person 
        specified in this section.''.

SEC. 202. ENHANCEMENT OF MEDICAL PREPAREDNESS OF DEPARTMENT.

    (a) Peer Review Panel.--In order to assist the Secretary of 
Veterans Affairs in selecting facilities of the Department of Veterans 
Affairs to serve as sites for centers under section 7327 of title 38, 
United States Code, as added by subsection (c), the Secretary shall 
establish a peer review panel to assess the scientific and clinical 
merit of proposals that are submitted to the Secretary for the 
selection of such facilities. The panel shall be established not later 
than 90 days after the date of the enactment of this Act and shall 
include experts in the fields of toxicological research, infectious 
diseases, radiology, clinical care of veterans exposed to such hazards, 
and other persons as determined appropriate by the Secretary. Members 
of the panel shall serve as consultants to the Department of Veterans 
Affairs. Amounts available to the Secretary for Medical Care may be 
used for purposes of carrying out this subsection. The panel shall not 
be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
    (b) Proposals.--The Secretary shall solicit proposals for 
designation of facilities as described in subsection (a). The 
announcement of the solicitation of such proposals shall be issued not 
later than 60 days after the date of the enactment of this Act, and the 
deadline for the submission of proposals in response to such 
solicitation shall be not later than 90 days after the date of such 
announcement. The peer review panel established under subsection (a) 
shall complete its review of the proposals and submit its 
recommendations to the Secretary not later than 60 days after the date 
of the deadline for the submission of proposals. The Secretary shall 
then select the four sites for the location of such centers not later 
than 45 days after the date on which the peer review panel submits its 
recommendations to the Secretary.
    (c) Revised Section.--Subchapter II of chapter 73 is amended by 
adding at the end a new section with--
            (1) a heading as follows:
``Sec. 7327. Medical preparedness centers'';
        and
            (2) a text consisting of the text of subsections (a) 
        through (h) of section 7325 of title 38, United States Code, 
        and a subsection (i) at the end as follows:
    ``(i) Funding.--(1) There are authorized to be appropriated for the 
centers under this section $10,000,000 for each of fiscal years 2005 
through 2007.
    ``(2) In addition to any amounts appropriated for a fiscal year 
specifically for the activities of the centers pursuant to paragraph 
(1), the Under Secretary for Health shall allocate to the centers from 
other funds appropriated for that fiscal year generally for the 
Department medical care account and the Department medical and 
prosthetics research account such amounts as the Under Secretary 
determines necessary in order to carry out the purposes of this 
section.''.
    (d) Rule of Construction.--No provision of law may be construed to 
supersede or nullify this section, or an amendment made by this 
section, unless it specifically refers to this subsection and 
specifically states that it is enacted to supersede or nullify this 
section or a provision of this section.
            Amend the title so as to read: ``A bill to authorize the 
        Secretary of Veterans Affairs to enter into certain major 
        medical facility leases, to authorize that Secretary to 
        transfer real property subject to certain limitations, 
        otherwise to improve management of medical facilities of the 
        Department of Veterans Affairs, and for other purposes.''.




                                                 Union Calendar No. 403

108th CONGRESS

  2d Session

                               H.R. 4768

                          [Report No. 108-663]

_______________________________________________________________________

                                 A BILL

 To amend title 38, United States Code, to authorize the Secretary of 
 Veterans Affairs to enter into certain major medical facility leases, 
   to authorize that Secretary to transfer real property subject to 
              certain limitations, and for other purposes.

_______________________________________________________________________

                           September 8, 2004

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed