[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2485 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2485

   To amend title 38, United States Code, to improve and enhance the 
   authorities of the Secretary of Veterans Affairs relating to the 
management and disposal of real property and facilities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2004

Mr. Specter (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to improve and enhance the 
   authorities of the Secretary of Veterans Affairs relating to the 
management and disposal of real property and facilities, 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.

    (a) Short Title.--This Act may be cited as the ``Department of 
Veterans Affairs Real Property and Facilities Management Improvement 
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.

SEC. 2. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR RELOCATE SURFACE 
              PARKING INCIDENTAL TO A CONSTRUCTION OR NON-RECURRING 
              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 non-recurring maintenance 
project may be used for the construction or relocation of a surface 
parking lot incidental to such project.''.

SEC. 3. IMPROVEMENTS OF ENHANCED-USE LEASE AUTHORITIES.

    (a) Business Plan Criteria.--Section 8162 is amended--
            (1) in subsection (a)(2)(B), by striking ``the Under 
        Secretary for Health for applying the consideration under such 
        a lease to the provision of medical care and services'' and 
        inserting ``one of the Under Secretaries for applying the 
        consideration under such a lease to the programs and activities 
        of the Department''; and
            (2) in subsection (b)(4)(A), by striking ``on the leased 
        property''.
    (b) Consideration of Proposals for Leases.--(1) Section 8163 is 
amended--
            (A) in subsection (a), by striking the first sentence and 
        inserting the following new sentence: ``If the Secretary 
        proposes to enter into an enhanced-use lease with respect to 
        certain property, the Secretary shall conduct a public hearing 
        before entering into the lease.'';
            (B) in subsection (b), by striking ``of the proposed 
        designation and of the hearing'' in the matter preceding 
        paragraph (1) and inserting ``on the proposed lease and the 
        hearing to the congressional veterans' affairs committees and 
        to the public''; and
            (C) in subsection (c)--
                    (i) in paragraph (1)--
                            (I) by striking ``to designate the property 
                        involved'' and inserting ``to enter into an 
                        enhanced-use lease of the property involved''; 
                        and
                            (II) by striking ``to so designate the 
                        property'' and inserting ``to enter into the 
                        lease'';
                    (ii) in paragraph (2), by striking ``90-day'' and 
                inserting ``45-day''; and
                    (iii) by striking paragraph (4).
    (2)(A) The heading of such section is amended to read as follows:
``Sec. 8163. Proposals for property to be leased''.
    (B) The table of sections at the beginning of chapter 81 is amended 
by striking the item relating to section 8163 and inserting the 
following new item:

``8163. Proposals for property to be leased.''.
    (c) Disposal Authority.--Section 8164 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)''; and
                    (B) by striking the last sentence;
            (2) in subsection (b)--
                    (A) by striking ``and the Administrator of General 
                Services jointly determine'' and inserting 
                ``determines''; and
                    (B) by striking ``and the Administrator consider'' 
                and inserting ``considers''; and
            (3) in subsection (c), by striking ``90 days'' and 
        inserting ``45 days''.
    (d) Use of Proceeds.--Section 8165 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``Funds 
                received'' and inserting ``Except as provided in 
                paragraph (2), funds received'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following 
                new paragraph (2):
    ``(2) Funds received by the Department under an enhanced-use lease 
implementing a business plan proposed by the Under Secretary for 
Benefits or the Under Secretary for Memorial Affairs and remaining 
after any deduction from such funds under subsection (b) shall be 
credited to applicable appropriations of the Veterans Benefits 
Administration or National Cemetery Administration, as the case may 
be.''; and
                    (D) in paragraph (3), as so redesignated, by 
                striking ``nursing home revolving fund'' and inserting 
                ``Capital Asset Fund established under section 8122A of 
                this title'';
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)''
                    (B) in paragraph (1), as so designated, by striking 
                ``for that fiscal year''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(2) The Secretary may also deduct from the proceeds of any 
enhanced-use lease an amount to reimburse applicable appropriations of 
the Department for any expenses incurred by the Secretary in the 
development of additional enhanced-use leases. Amounts so deducted 
shall be utilized to reimburse such appropriations.''; and
            (3) by striking subsection (c).

SEC. 4. DISPOSAL OF REAL PROPERTY OF THE DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--(1) Subchapter II of chapter 81 is amended by 
inserting after section 8122 the following new section:
``Sec. 8122A. Disposal of real property
    ``(a) In General.--(1) To the extent provided in advance in 
appropriations Acts, the Secretary may, in accordance with this section 
and sections 8122 and 8164 of this title, dispose of real property of 
the Department, including land and structures and equipment associated 
with such property, that is under the jurisdiction or control of the 
Secretary by--
            ``(A) transfer to or exchange with another department or 
        agency of the Federal Government;
            ``(B) conveyance to or exchange with a State or a political 
        subdivision of a State, an Indian tribe, or other public 
        entity; or
            ``(C) conveyance to or exchange with any private person or 
        entity.
    ``(2) The Secretary may exercise the authority in paragraph (1) 
notwithstanding the following provisions of law:
            ``(A) Sections 521, 522, and 541 through 545 of title 40.
            ``(B) Section 501 of the McKinney-Vento Homeless Assistance 
        Act (42 U.S.C. 11411).
    ``(3) In any transfer, exchange, or conveyance of real property 
under this subsection, the Secretary shall obtain consideration in an 
amount equal to the fair market value of the property, as determined by 
the Secretary.
    ``(b) Treatment of Proceeds.--Proceeds from the transfer, exchange, 
or conveyance of real property under subsection (a) shall be deposited 
in the Capital Asset Fund under subsection (c).
    ``(c) Capital Asset Fund.--There is established on the books of the 
Treasury of the United States a revolving fund known as the Capital 
Asset Fund (in this section referred to as the `Fund').
    ``(d) Elements of Fund.--The Fund shall consist of the following:
            ``(1) Amounts authorized to be appropriated to the Fund.
            ``(2) Proceeds from the transfer, exchange, or conveyance 
        of real property under subsection (a) that are deposited in the 
        Fund under subsection (b).
            ``(3) Funds to be deposited in the Fund under section 
        8165(a)(3) of this title.
            ``(4) Any other amounts specified for transfer to or 
        deposit in the Fund by law.
    ``(e) Use of Amounts in Fund.--Subject to the provisions of 
appropriations Acts, amounts in the Fund shall be available for 
purposes as follows and in the following order of priority:
            ``(1) For costs of the Department in disposing of real 
        property, including costs associated with demolition, 
        environmental clean-up, maintenance and repair, improvements to 
        facilitate disposal, and associated administrative expenses.
            ``(2) For costs of the Department associated with proposed 
        disposals of real property of the Department.
            ``(3) For costs of non-recurring capital projects of the 
        Department.
    ``(f) Reports.--The Secretary shall include with the budget 
justification documents submitted to Congress each year with the budget 
of the President for the fiscal year beginning in such year (as 
submitted pursuant to section 1105 of title 31) a report setting forth 
the following:
            ``(1) A statement of each disposal of real property to be 
        undertaken in such fiscal year that is valued in excess of the 
        major medical facility project threshold specified in section 
        8104(a)(3)(A) of this title.
            ``(2) A description of each disposal of real property that 
        was completed in the fiscal year ending in the year before such 
        report is submitted.''.
    (2) The table of sections at the beginning of such chapter is 
amended by inserting after the item relating to section 8122 the 
following new item:

``8122A. Disposal of real property.''.
    (b) Conforming Amendment.--Section 8164(a) is amended in the second 
sentence by inserting ``or 1822A'' after ``section 8122''.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Veterans Affairs for fiscal year 
2005, $10,000,000 for deposit in the Capital Asset Fund under section 
1822A(c) of title 38, United States Code (as added by subsection (a)).

SEC. 5. MODIFICATION OF OTHER REAL PROPERTY DISPOSAL AUTHORITIES.

    (a) General Limitations on Disposal.--Paragraph (2) of subsection 
(a) of section 8122 is amended to read as follows:
    ``(2) Except as provided in paragraph (3) of this subsection, the 
Secretary may not during any fiscal year dispose of real property owned 
by the United States and under the jurisdiction and control of the 
Secretary that has an estimated value in excess of the major medical 
facility project threshold specified in subsection 8104(a)(3)(A) of 
this title unless--
            ``(A) the disposal is described in the budget justification 
        documents submitted to Congress each year with the budget of 
        the President for the fiscal year beginning in such year (as 
        submitted pursuant to section 1105 of title 31);
            ``(B) the Department receives consideration for the real 
        property equal to the fair market value of the property, as 
        determined by the Secretary; and
            ``(C) the net proceeds of the disposal are deposited in the 
        Capital Asset Fund under section 8122A(c) of this title.''.
    (b) Disposal Procedures.--Subsection (d) of such section is 
amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following new paragraphs:
    ``(2)(A) In the case of property (including land and structures and 
equipment associated with such property) that has an estimated value 
less than the major medical facility project threshold specified in 
section 8104(a)(3)(A) of this title, the Secretary may dispose of the 
property if--
            ``(i) the Secretary notifies the Administrator of General 
        Services of an intent to dispose of the property; and
            ``(ii) a period of 30 days elapses after notice under 
        clause (i) during which period no other department or agency of 
        the Federal Government expresses an interest in assuming 
        jurisdiction of the property under the condition of paying the 
        Secretary the fair market value of the property, as determined 
        by the Secretary, of the property.
    ``(B) In disposing of property under subparagraph (A), the 
Secretary shall publish a notice of sale in the real estate section of 
a local newspaper of general circulation serving the market in which 
the property is located.
    ``(3) In the case of property (including land and structures and 
equipment associated with such property) that has an estimated value in 
excess of the major medical facility project threshold specified in 
section 8104(a)(3)(A) of this title, the Secretary may dispose of the 
property if--
            ``(A) the Secretary complies with subsection (a)(2) with 
        respect to the property;
            ``(B) the Secretary--
                    ``(i) notifies the Administrator of General 
                Services of an intent to dispose of the property;
                    ``(ii) publishes in the Federal Register notice of 
                an intent to dispose of the property; and
                    ``(iii) notifies the committees of an intent to 
                dispose of the property;
            ``(C) a period of 30 days elapses after notice under 
        subparagraph (B)(i) during which period no other department or 
        agency of the Federal Government expresses an interest in 
        assuming jurisdiction of the property under the condition of 
        paying the Secretary the fair market value of the property, as 
        determined by the Secretary, of the property; and
            ``(D) a period of 60 days elapses after notice under 
        subparagraph (B)(iii).''.

SEC. 6. TERMINATION OF NURSING HOME REVOLVING FUND.

    (a) Termination.--(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.
    (b) Conforming Amendment.--Section 8165(a)(3), as redesignated by 
section 3(d)(1)(D) of this Act, is further amended by striking 
``nursing home revolving fund'' and inserting ``Capital Asset Fund 
under section 1822A of this title''.
    (c) Transfer of Unobligated Balances to Capital Asset Fund.--Any 
unobligated balances in the nursing home revolving under section 8116 
of title 38, United States Code, as of the date of the enactment of 
this Act shall be deposited in the Capital Asset Fund under section 
8122A of title 38, United States Code (as added by section 4(a) of this 
Act).

SEC. 7. INAPPLICABILITY OF LIMITATION ON USE OF ADVANCE PLANNING FUND 
              TO AUTHORIZED MAJOR MEDICAL FACILITY PROJECTS.

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

SEC. 8. LEASE OF CERTAIN NATIONAL CEMETERY ADMINISTRATION PROPERTY.

    (a) In General.--Chapter 24 is amended by adding at the end the 
following new section:
``Sec. 2412. Lease of land and buildings
    ``(a) Lease Authorized.--The Secretary may lease any undeveloped 
land and unused or underutilized buildings, or parts or parcels 
thereof, belonging to the United States and part of the National 
Cemetery Administration.
    ``(b) Term.--The term of a lease under subsection (a) may not 
exceed 10 years.
    ``(c) Lease to Public or Nonprofit Organizations.--(1) A lease 
under subsection (a) to any public or nonprofit organization may be 
made without regard to the provisions of section 3709 of the Revised 
Statutes (41 U.S.C. 5).
    ``(2) Notwithstanding section 1302 of title 40 or any other 
provision of law, a lease under subsection (a) to any public or 
nonprofit organization may provide for the maintenance, protection, or 
restoration of the leased property by the lessee, as a part or all of 
the consideration for the lease.
    ``(d) Notice.--Before entering into a lease under subsection (a), 
the Secretary shall give appropriate public notice of the intention of 
the Secretary to enter into the lease in a newspaper of general 
circulation in the community in which the lands or buildings concerned 
are located.
    ``(e) National Cemetery Administration Facilities Operation Fund.--
(1) There is established on the book of the Treasury an account to be 
known as the `National Cemetery Administration Facilities Operation 
Fund' (in this section referred to as the `Fund').
    ``(2) The Fund shall consist of the following:
            ``(A) Amounts authorized to be appropriated to the Fund.
            ``(B) Proceeds from the lease of land or buildings under 
        this section.
            ``(C) Proceeds of agricultural licenses of lands of the 
        National Cemetery Administration.
            ``(D) Any other amounts authorized for deposit in the Fund 
        by law.
    ``(3) Amounts in the Fund shall be available to cover costs 
incurred by the National Cemetery Administration in the operation and 
maintenance of property of the Administration.
    ``(4) Amounts in the Fund shall remain available until expended.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``2412. Lease of land and buildings.''.
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