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






                                                       Calendar No. 718
108th CONGRESS
  2d Session
                                S. 2485

                          [Report No. 108-358]

   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

                           September 27, 2004

  Reported by Mr. Specter, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
              CODE.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Department of Veterans Affairs Real Property and Facilities 
Management Improvement Act of 2004''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 2. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR 
              RELOCATE SURFACE PARKING INCIDENTAL TO A CONSTRUCTION OR 
              NON-RECURRING MAINTENANCE PROJECT.</DELETED>

<DELETED>    Section 8109 is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. IMPROVEMENTS OF ENHANCED-USE LEASE 
              AUTHORITIES.</DELETED>

<DELETED>    (a) Business Plan Criteria.--Section 8162 is amended--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (b)(4)(A), by striking ``on the 
        leased property''.</DELETED>
<DELETED>    (b) Consideration of Proposals for Leases.--(1) Section 
8163 is amended--</DELETED>
        <DELETED>    (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.'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (C) in subsection (c)--</DELETED>
                <DELETED>    (i) in paragraph (1)--</DELETED>
                        <DELETED>    (I) by striking ``to designate the 
                        property involved'' and inserting ``to enter 
                        into an enhanced-use lease of the property 
                        involved''; and</DELETED>
                        <DELETED>    (II) by striking ``to so designate 
                        the property'' and inserting ``to enter into 
                        the lease'';</DELETED>
                <DELETED>    (ii) in paragraph (2), by striking ``90-
                day'' and inserting ``45-day''; and</DELETED>
                <DELETED>    (iii) by striking paragraph (4).</DELETED>
<DELETED>    (2)(A) The heading of such section is amended to read as 
follows:</DELETED>
<DELETED>``Sec. 8163. Proposals for property to be leased''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``8163. Proposals for property to be leased.''.
<DELETED>    (c) Disposal Authority.--Section 8164 is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``by requesting the 
                Administrator of General Services to dispose of the 
                property pursuant to subsection (b)''; and</DELETED>
                <DELETED>    (B) by striking the last 
                sentence;</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``and the Administrator of 
                General Services jointly determine'' and inserting 
                ``determines''; and</DELETED>
                <DELETED>    (B) by striking ``and the Administrator 
                consider'' and inserting ``considers''; and</DELETED>
        <DELETED>    (3) in subsection (c), by striking ``90 days'' and 
        inserting ``45 days''.</DELETED>
<DELETED>    (d) Use of Proceeds.--Section 8165 is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``Funds 
                received'' and inserting ``Except as provided in 
                paragraph (2), funds received'';</DELETED>
                <DELETED>    (B) by redesignating paragraph (2) as 
                paragraph (3);</DELETED>
                <DELETED>    (C) by inserting after paragraph (1) the 
                following new paragraph (2):</DELETED>
<DELETED>    ``(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</DELETED>
                <DELETED>    (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'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by inserting ``(1)'' after 
                ``(b)''</DELETED>
                <DELETED>    (B) in paragraph (1), as so designated, by 
                striking ``for that fiscal year''; and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                paragraph:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (3) by striking subsection (c).</DELETED>

<DELETED>SEC. 4. DISPOSAL OF REAL PROPERTY OF THE DEPARTMENT OF 
              VETERANS AFFAIRS.</DELETED>

<DELETED>    (a) In General.--(1) Subchapter II of chapter 81 is 
amended by inserting after section 8122 the following new 
section:</DELETED>
<DELETED>``Sec. 8122A. Disposal of real property</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) transfer to or exchange with another 
        department or agency of the Federal Government;</DELETED>
        <DELETED>    ``(B) conveyance to or exchange with a State or a 
        political subdivision of a State, an Indian tribe, or other 
        public entity; or</DELETED>
        <DELETED>    ``(C) conveyance to or exchange with any private 
        person or entity.</DELETED>
<DELETED>    ``(2) The Secretary may exercise the authority in 
paragraph (1) notwithstanding the following provisions of 
law:</DELETED>
        <DELETED>    ``(A) Sections 521, 522, and 541 through 545 of 
        title 40.</DELETED>
        <DELETED>    ``(B) Section 501 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11411).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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').</DELETED>
<DELETED>    ``(d) Elements of Fund.--The Fund shall consist of the 
following:</DELETED>
        <DELETED>    ``(1) Amounts authorized to be appropriated to the 
        Fund.</DELETED>
        <DELETED>    ``(2) Proceeds from the transfer, exchange, or 
        conveyance of real property under subsection (a) that are 
        deposited in the Fund under subsection (b).</DELETED>
        <DELETED>    ``(3) Funds to be deposited in the Fund under 
        section 8165(a)(3) of this title.</DELETED>
        <DELETED>    ``(4) Any other amounts specified for transfer to 
        or deposit in the Fund by law.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) For costs of the Department associated with 
        proposed disposals of real property of the 
        Department.</DELETED>
        <DELETED>    ``(3) For costs of non-recurring capital projects 
        of the Department.</DELETED>
<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``8122A. Disposal of real property.''.
<DELETED>    (b) Conforming Amendment.--Section 8164(a) is amended in 
the second sentence by inserting ``or 1822A'' after ``section 
8122''.</DELETED>
<DELETED>    (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)).</DELETED>

<DELETED>SEC. 5. MODIFICATION OF OTHER REAL PROPERTY DISPOSAL 
              AUTHORITIES.</DELETED>

<DELETED>    (a) General Limitations on Disposal.--Paragraph (2) of 
subsection (a) of section 8122 is amended to read as follows:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(B) the Department receives consideration for 
        the real property equal to the fair market value of the 
        property, as determined by the Secretary; and</DELETED>
        <DELETED>    ``(C) the net proceeds of the disposal are 
        deposited in the Capital Asset Fund under section 8122A(c) of 
        this title.''.</DELETED>
<DELETED>    (b) Disposal Procedures.--Subsection (d) of such section 
is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' after ``(d)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following new 
        paragraphs:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(i) the Secretary notifies the Administrator of 
        General Services of an intent to dispose of the property; 
        and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) the Secretary complies with subsection 
        (a)(2) with respect to the property;</DELETED>
        <DELETED>    ``(B) the Secretary--</DELETED>
                <DELETED>    ``(i) notifies the Administrator of 
                General Services of an intent to dispose of the 
                property;</DELETED>
                <DELETED>    ``(ii) publishes in the Federal Register 
                notice of an intent to dispose of the property; 
                and</DELETED>
                <DELETED>    ``(iii) notifies the committees of an 
                intent to dispose of the property;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(D) a period of 60 days elapses after notice 
        under subparagraph (B)(iii).''.</DELETED>

<DELETED>SEC. 6. TERMINATION OF NURSING HOME REVOLVING FUND.</DELETED>

<DELETED>    (a) Termination.--(1) Section 8116 is repealed.</DELETED>
<DELETED>    (2) The table of sections at the beginning of chapter 81 
is amended by striking the item relating to section 8116.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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).</DELETED>

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

<DELETED>    Section 8104 is amended by adding at the end the following 
new subsection:</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 8. LEASE OF CERTAIN NATIONAL CEMETERY ADMINISTRATION 
              PROPERTY.</DELETED>

<DELETED>    (a) In General.--Chapter 24 is amended by adding at the 
end the following new section:</DELETED>
<DELETED>``Sec. 2412. Lease of land and buildings</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Term.--The term of a lease under subsection (a) may 
not exceed 10 years.</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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').</DELETED>
<DELETED>    ``(2) The Fund shall consist of the following:</DELETED>
        <DELETED>    ``(A) Amounts authorized to be appropriated to the 
        Fund.</DELETED>
        <DELETED>    ``(B) Proceeds from the lease of land or buildings 
        under this section.</DELETED>
        <DELETED>    ``(C) Proceeds of agricultural licenses of lands 
        of the National Cemetery Administration.</DELETED>
        <DELETED>    ``(D) Any other amounts authorized for deposit in 
        the Fund by law.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(4) Amounts in the Fund shall remain available until 
expended.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the following 
new item:</DELETED>

<DELETED>``2412. Lease of land and buildings.''.

</DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Veterans Affairs Real Property and Facilities Management Improvement 
Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.

             TITLE I--REAL PROPERTY AND FACILITIES MATTERS

        Subtitle A--Real Property and Facilities Administration

Sec. 101. Restatement and enhancement of real property disposal 
                            authorities.
Sec. 102. Improvements of enhanced-use lease authorities.
Sec. 103. Authority to use project funds to construct or relocate 
                            surface parking incidental to a 
                            construction or non-recurring maintenance 
                            project.
Sec. 104. Limitation on implementation of mission changes for Veterans 
                            Health Administration health care 
                            facilities.
Sec. 105. Termination of nursing home revolving fund.
Sec. 106. Inapplicability of limitation on use of advance planning fund 
                            to authorized major medical facility 
                            projects.
Sec. 107. Lease of certain National Cemetery Administration property.

                   Subtitle B--Transfers of Property

Sec. 111. Transfer of jurisdiction, General Services Administration 
                            property, Boise, Idaho.

                 Subtitle C--Designation of Facilities

Sec. 121. Designation of Department of Veterans Affairs Medical Center, 
                            Bronx, New York, as James J. Peters 
                            Department of Veterans Affairs Medical 
                            Center.
Sec. 122. Designation of Prisoner of War/Missing in Action National 
                            Memorial, Riverside National Cemetery, 
                            Riverside, California.

                       Subtitle D--Other Matters

Sec. 131. First option for Commonwealth of Kentucky on Louisville 
                            Department of Veterans Affairs Medical 
                            Center, Kentucky.

                       TITLE II--BENEFITS MATTERS

Sec. 201. Prohibition on collection of copayments for hospice care.
Sec. 202. Expansion and permanent extension of authority for counseling 
                            and treatment for sexual trauma.
Sec. 203. Treatment of Department of Veterans Affairs per diem payments 
                            to State homes for veterans.
Sec. 204. Care for newborn children of women veterans receiving 
                            maternity care.
Sec. 205. Centers for research, education, and clinical activities on 
                            blast injuries of veterans.
Sec. 206. Extension of various authorities relating to veterans 
                            benefits.
Sec. 207. Annual reports on waiting times for appointments for health 
                            care and services.

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--REAL PROPERTY AND FACILITIES MATTERS

        Subtitle A--Real Property and Facilities Administration

SEC. 101. RESTATEMENT AND ENHANCEMENT OF REAL PROPERTY DISPOSAL 
              AUTHORITIES.

    (a) Restatement and Enhancement of General Property Disposal 
Authorities.--Subchapter II of chapter 81 is amended by inserting after 
section 8122 the following new section:
``Sec. 8122A. Disposal of real property
    ``(a) Authority To Dispose of Real Property.--To the extent 
provided in advance in appropriations Acts, the Secretary may 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--
            ``(1) transfer to or exchange with another department or 
        agency of the Federal Government;
            ``(2) conveyance to or exchange with a State or a political 
        subdivision of a State, an Indian tribe, or another public 
        entity; or
            ``(3) conveyance to or exchange with any private person or 
        entity.
    ``(b) Inapplicability of Certain Disposal Requirements.--The 
Secretary may exercise the authority in subsection (a) without regard 
to the following provisions of law:
            ``(1) Sections 521, 522, and 541 through 545 of title 40.
            ``(2) Section 501 of the McKinney-Vento Homeless Assistance 
        Act (42 U.S.C. 11411).
    ``(c) Limitation on Determination of Property To Be Excess.--Real 
property under the jurisdiction of the Secretary may not be declared 
excess by the Secretary and disposed of by the General Services 
Administration or any other entity of the Federal Government unless the 
Secretary determines that the property is no longer needed by the 
Department in carrying out its functions and is not suitable for use 
for the provision of services to homeless veterans by the Department or 
by another entity under an enhanced-use lease of such property under 
section 8162 of this title.
    ``(d) Disposal Procedures.--(1) Except as provided in paragraph 
(3), the Secretary may not during any fiscal year dispose of real 
property (including land and structures and equipment associated with 
such property) owned by the United States and administered by the 
Secretary that has an estimated value in excess of the major medical 
facility project threshold specified in section 8104(a)(3)(A) of this 
title unless--
            ``(A) the disposal is described in the budget justification 
        documents submitted to Congress 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 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).
    ``(2) Except as provided in paragraph (3), the Secretary may 
dispose of real property (including land and structures and equipment 
associated with such property) owned by the United States and 
administered by the Secretary that has an estimated value less than the 
major medical facility project threshold specified in section 
8104(a)(3)(A) of this title if--
            ``(A) the Secretary notifies the committees and the 
        Administrator of General Services of an intent to dispose of 
        the property;
            ``(B) the Secretary publishes 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; and
            ``(C) a period of 30 days elapses after notice under 
        subparagraph (A) 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.
    ``(3)(A) Notwithstanding paragraphs (1) and (2) or any other 
provision of law relating to the disposition of real property by the 
United States and subject to subparagraph (B), the Secretary may 
transfer to a State for use as the site of a State nursing-home or 
domiciliary facility real property owned by the United States and 
administered by the Secretary that the Secretary determines to be 
excess to the needs of the Department.
    ``(B) A transfer of real property may not be made under this 
paragraph unless--
            ``(i) the Secretary has determined that the State has 
        provided sufficient assurance that it has the resources 
        (including any resources which are reasonably likely to be 
        available to the State under subchapter III of chapter 81 of 
        this title and section 1741 of this title) necessary to 
        construct and operate a State home nursing or domiciliary care 
        facility; and
            ``(ii) the transfer is made subject to the conditions 
        that--
                    ``(I) the property be used by the State for a 
                nursing-home or domiciliary care facility in accordance 
                with the conditions and limitations applicable to State 
                home facilities constructed with assistance under 
                subchapter III of chapter 81 of this title; and
                    ``(II) if the property is used at any time for any 
                other purpose, all right, title, and interest in and to 
                the property shall revert to the United States.
    ``(C) A transfer of real property may not be made under this 
paragraph until--
            ``(i) the Secretary submits to the committees, not later 
        than June 1 of the year in which the transfer is proposed to be 
        made (or the year preceding that year), a report providing 
        notice of the proposed transfer; and
            ``(ii) a period of 90 consecutive days elapses after the 
        report is received by the committees.
    ``(D) A transfer under this paragraph shall be made under such 
additional terms and conditions as the Secretary considers appropriate 
to protect the interests of the United States.
    ``(e) Consideration.--In any transfer, exchange, or conveyance 
under the authority in this section (other than a transfer described in 
subsection (d)(3)), the Secretary shall obtain consideration in amount 
equal to the fair market value of the property, as determined by the 
Secretary.
    ``(f) Treatment of Proceeds.--Proceeds from the transfer, exchange, 
or conveyance of real property under this section shall be deposited in 
the Capital Asset Fund under section 8122B of this title.
    ``(g) 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.''.
    (b) Capital Asset Fund.--Subchapter II of chapter 81, as amended by 
subsection (a), is further amended by inserting after section 8122A the 
following new section:
``Sec. 8122B. Capital Asset Fund
    ``(a) 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').
    ``(b) 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) of section 8122A of this 
        title that are deposited in the Fund under subsection (f) of 
        such section.
            ``(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.
    ``(c) 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 under sections 8122A and 8164 of this title, 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 under such 
        sections.
            ``(3) For costs of non-recurring capital projects of the 
        Department.''.
    (c) Repeal of Superseded Authorities.--(1) Section 8122 is 
amended--
            (A) in subsection (a)--
                    (i) by striking ``(1)''; and
                    (ii) by striking paragraphs (2) and (3); and
            (B) by striking subsection (d).
    (2) The heading of such section is amended by striking ``and 
dispose of''.
    (d) Conforming Amendment.--Section 8164(a) is amended by striking 
``section 8122'' and inserting ``section 8122A''.
    (e) Clerical Amendments.--The table of sections at the beginning of 
chapter 81 is amended--
            (1) in the item relating to section 8122, by striking ``and 
        dispose of''; and
            (2) by inserting after the item relating to section 8122 
        the following new items:

``8122A. Disposal of real property.
``8122B. Capital Asset Fund.''.
    (f) 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 
1822B of title 38, United States Code (as added by subsection (b)).

SEC. 102. 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) Inapplicability of Certain Disposal Requirements.--Section 8164 
is amended--
            (1) by redesignating subsections (b) and (c) as subsection 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) The Secretary may dispose of property under this section 
without regard to the following provisions of law:
            ``(1) Sections 521, 522, and 541 through 545 of title 40.
            ``(2) Section 501 of the McKinney-Vento Homeless Assistance 
        Act (42 U.S.C. 11411).''.
    (c) Use of Proceeds.--Section 8165(a) is amended--
            (1) in paragraph (1), by striking ``Funds received'' and 
        inserting ``Except as provided in paragraph (2), funds 
        received'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) 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
            (4) in paragraph (3), as so redesignated, by striking 
        ``nursing home revolving fund'' and inserting ``Capital Asset 
        Fund under section 8122B of this title''.

SEC. 103. 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. 104. LIMITATION ON IMPLEMENTATION OF MISSION CHANGES FOR VETERANS 
              HEALTH ADMINISTRATION HEALTH CARE FACILITIES.

    Section 8110 is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following new 
        subsection (e):
    ``(e)(1) The Secretary may not implement a mission change for a 
medical facility (other than a mission change prescribed by the 
Secretary in the Capital Asset Realignment for Enhanced Services 
(CARES) initiative) until 90 days after the date on which the Secretary 
submits to the committees written notice of the mission change.
    ``(2) For purposes of this subsection, a mission change for a 
medical facility shall consist of any of the following:
            ``(A) Closure of the facility.
            ``(B) Consolidation of the facility.
            ``(C) An administrative reorganization of the facility 
        covered by section 510(b) of this title.
    ``(3) Written notice of a mission change for a medical facility 
under paragraph (1) shall include--
            ``(A) an assessment of the impact of the mission change on 
        the population of veterans served by the facility;
            ``(B) a description of the availability and quality of 
        health care, including long-term care, mental health care, and 
        substance abuse programs, available in the area served by the 
        facility;
            ``(C) an assessment of the impact of the mission change on 
        the economy of the community in which the facility is located; 
        and
            ``(D) an analysis of any alternatives to the mission change 
        proposed by the community in which the facility is located, 
        organizations recognized by the Secretary under section 5902 of 
        this title, organizations that represent Department employees 
        in such community, or the Department.
    ``(4) In the case of a mission change covered by paragraph (1) that 
is also an administrative reorganization covered by section 510(b) of 
this title, both this subsection and such section 510(b) shall apply 
with respect to the implementation of such mission change.''.

SEC. 105. 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) 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 
8122B of title 38, United States Code (as added by section 103(b) of 
this Act).

SEC. 106. 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. 107. 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.''.

                   Subtitle B--Transfers of Property

SEC. 111. TRANSFER OF JURISDICTION, GENERAL SERVICES ADMINISTRATION 
              PROPERTY, BOISE, IDAHO.

    (a) Transfer.--The Administrator of General Services shall 
transfer, without reimbursement, to the administrative jurisdiction of 
the Secretary of Veterans Affairs the parcel of real property, 
including any improvements thereon, consisting of approximately 2.3 
acres located at the General Services Administration facility 
immediately north of the Army Reserve facility in Boise, Idaho.
    (b) Utilization.--The Secretary of Veterans Affairs shall utilize 
the property transferred under subsection (a) for purposes relating to 
the delivery of benefits to veterans.

                 Subtitle C--Designation of Facilities

SEC. 121. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 
              BRONX, NEW YORK, AS JAMES J. PETERS DEPARTMENT OF 
              VETERANS AFFAIRS MEDICAL CENTER.

    The Department of Veterans Affairs medical center in the Bronx, New 
York, shall after the date of the enactment of this Act be known and 
designated as the ``James J. Peters Department of Veterans Affairs 
Medical Center''. Any reference to such medical center in any law, 
regulation, map, document, record, or other paper of the United States 
shall be considered to be a reference to the James J. Peters Department 
of Veterans Affairs Medical Center.

SEC. 122. DESIGNATION OF PRISONER OF WAR/MISSING IN ACTION NATIONAL 
              MEMORIAL, RIVERSIDE NATIONAL CEMETERY, RIVERSIDE, 
              CALIFORNIA.

    (a) Findings.--Congress makes the following findings:
            (1) The most reliable statistics regarding the number of 
        members of the United States Armed Forces who have been held as 
        prisoners of war or listed as missing in action indicate that 
        more than 586,000 members of the Armed Forces have been taken 
        prisoner since the American Revolution and more than 89,000 
        members have been listed as missing.
            (2) The Department of Defense continues to locate and 
        identify the remains of members of the Armed Forces who have 
        been missing in action since the Korean and Vietnam Wars.
            (3) The United States currently lacks a national memorial 
        dedicated to the bravery and sacrifice of those members of the 
        Armed Forces who have been held as prisoners of war and listed 
        as missing in action.
            (4) An appropriate memorial to former prisoners of war and 
        members of the Armed Forces listed as missing in action, 
        including those who remain unaccounted for, is under 
        construction at Riverside National Cemetery in Riverside, 
        California.
            (5) The memorial will honor all those members of the Armed 
        Forces who have been held as prisoners of war or listed as 
        missing in action and is dedicated to the memory of those 
        members who remain missing in action.
    (b) Designation.--The memorial to former prisoners of war and 
members of the Armed Forces listed as missing in action that is under 
construction at Riverside National Cemetery in Riverside, California, 
is hereby designated as the Prisoner of War/Missing in Action National 
Memorial.
    (c) Effect of Designation.--The national memorial designated by 
this section is not a unit of the National Park System, and the 
designation of the national memorial shall not be construed to require 
or permit Federal funds (other than any funds provided for as of the 
date of the enactment of this Act) to be expended for any purpose 
related to the national memorial.

                       Subtitle D--Other Matters

SEC. 131. FIRST OPTION FOR COMMONWEALTH OF KENTUCKY ON LOUISVILLE 
              DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, KENTUCKY.

    (a) Requirement.--Upon determining to convey, lease, or otherwise 
dispose of the Louisville Department of Veterans Affairs Medical 
Center, Kentucky, or any portion thereof, the Secretary of Veterans 
Affairs shall engage in negotiations for the conveyance, lease, or 
other disposal of the Medical Center or portion thereof solely with the 
Commonwealth of Kentucky.
    (b) Duration of Requirement.--The requirement for negotiations 
under subsection (a) shall remain in effect for one year after the date 
of the commencement of the negotiations.
    (c) Scope of Negotiations.--The negotiations under subsection (a) 
shall address the utilization of the Medical Center, or portion 
thereof, by the Commonwealth of Kentucky for the primary purpose of the 
provision of services for veterans and related activities, but may 
address or result in the utilization of the Medical Center, or portion 
thereof, by the Commonwealth of Kentucky for other purposes.

                       TITLE II--BENEFITS MATTERS

SEC. 201. PROHIBITION ON COLLECTION OF COPAYMENTS FOR HOSPICE CARE.

    Section 1710B(c)(2) is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph (B):
            ``(B) to a veteran being furnished hospice care under this 
        section; or''.

SEC. 202. EXPANSION AND PERMANENT EXTENSION OF AUTHORITY FOR COUNSELING 
              AND TREATMENT FOR SEXUAL TRAUMA.

    (a) Permanent Extension.--Subsection (a) of section 1720D is 
amended--
            (1) in paragraph (1), by striking ``During the period 
        through December 31, 2004, the Secretary'' and inserting ``The 
        Secretary''; and
            (2) in paragraph (2), by striking ``, during the period 
        through December 31, 2004,''.
    (b) Counseling for Reserves.--Such section is further amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (2), as amended by 
                subsection (a)(2) of this section, as paragraph (3); 
                and
                    (B) by inserting after paragraph (1) the following 
                new paragraph (2):
    ``(2) In operating the program under paragraph (1), the Secretary 
shall also provide counseling and appropriate care and services to 
former members of the Reserves who the Secretary determines require 
such counseling and care and services to overcome psychological trauma, 
which in the judgment of such a mental health professional, resulted 
from a physical assault of a sexual nature, battery of a sexual nature, 
or sexual harassment which occurred while such individual was a member 
of the Reserves not serving on active duty.'';
            (2) by striking ``a veteran'' each place it appears (other 
        than subsection (b)(1)) and inserting ``an individual'';
            (3) by striking ``that veteran'' each place it appears and 
        inserting ``that individual''; and
            (4) in subsection (c), by inserting ``and other 
        individuals'' after ``veterans'' each place it appears.

SEC. 203. 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 
subsection:
    ``(e) Payments to States pursuant to this section shall not be 
considered a liability of a third party, or otherwise be utilized to 
offset or reduce any other payment made to assist veterans.''.

SEC. 204. CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING 
              MATERNITY CARE.

    (a) Authority To Furnish.--Subchapter VIII of chapter 17 is amended 
by adding at the end the following new section:
``Sec. 1786. Care for newborn children of women veterans receiving 
              maternity care
    ``The Secretary may furnish care to a newborn child of a woman 
veteran who is receiving maternity care furnished by the Department for 
up to 14 days after the birth of the child if the veteran delivered the 
child in a Department facility or in a non-Department facility pursuant 
to a Department contract for the delivery services.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 is amended by adding at the end following new item:

``1786. Care for newborn children of women veterans receiving maternity 
                            care.''.

SEC. 205. CENTERS FOR RESEARCH, EDUCATION, AND CLINICAL ACTIVITIES ON 
              BLAST INJURIES OF VETERANS.

    (a) In General.--(1) Subchapter II of chapter 73 is amended by 
adding at the end the following new section:
``Sec. 7327. Centers for research, education, and clinical activities 
              on blast injuries
    ``(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 multiple traumas associated with a blast injury through--
            ``(1) the conduct of research to support the provision of 
        such services in accordance with the most current evidence on 
        blast injuries;
            ``(2) the education and training of health care personnel 
        of the Department; and
            ``(3) the development of improved models and systems for 
        the furnishing of services by the Department for blast 
        injuries.
    ``(b) Establishment.--(1) The Secretary shall establish and operate 
at least one, but not more than three, centers for research, education, 
and clinical activities on blast injuries.
    ``(2) Each center shall function as a center for--
            ``(A) research on blast injury to support the provision of 
        services in accordance with the most current evidence on blast 
        injuries, with such research to specifically address injury 
        epidemiology and cost, functional outcomes, blast injury 
        taxonomy and measurement system, and longitudinal outcomes;
            ``(B) the development of a rehabilitation program for blast 
        injuries, including referral protocol, post-acute assessment, 
        and coordination of comprehensive treatment services;
            ``(C) the development of protocols to optimize linkages 
        between the Department and the Department of Defense on matters 
        relating to research, education, and clinical activities on 
        blast injuries;
            ``(D) the creation of innovative models for education and 
        outreach on health-care and related rehabilitation and 
        education services on blast injuries, with such education and 
        outreach to target those who have sustained a blast injury and 
        health care providers and researchers in the Veterans Health 
        Administration, the Department of Defense, and the Department 
        of Homeland Security;
            ``(E) the development of educational tools and products on 
        blast injuries, and the maintenance of such tools and products 
        in a resource clearinghouse that can serve as resources for the 
        Veterans Health Administration, the Department of Defense, the 
        Department of Homeland Security, and other departments and 
        agencies of the Federal Government;
            ``(F) the development of interdisciplinary training 
        programs on the provision of health care and rehabilitation 
        care services for blast injuries that provide an integrated 
        understanding of the continuum of care for such injuries to the 
        broad range of providers of such services, including first 
        responders, acute-care providers, and rehabilitation service 
        providers; and
            ``(G) the implementation of strategies for improving the 
        medical diagnostic coding of blast injuries in the Department 
        to reliably identify veterans with blast injuries and track 
        outcomes over time.
    ``(3) The Secretary shall designate a center or centers under this 
section upon the recommendation of the Under Secretary for Health.
    ``(4) The Secretary may designate a center under this section only 
if--
            ``(A) the proposal submitted for the designation of the 
        center meets the requirements of subsection (c);
            ``(B) the Secretary makes the finding described in 
        subsection (d); and
            ``(C) the peer review panel established under subsection 
        (e) makes the determination specified in subsection (e)(3) with 
        respect to that proposal.
    ``(5) The authority of the Secretary to establish and operate 
centers under this section is subject to the appropriation of funds for 
that purpose.
    ``(c) Proposal Requirements.--A proposal submitted for the 
designation of a center under this section shall--
            ``(1) provide for close collaboration in the establishment 
        and operation of the center, and for the provision of care and 
        the conduct of research and education at the center, by a 
        Department facility or facilities (in this subsection referred 
        to as the `collaborating facilities') in the same geographic 
        area that have a mission centered on the care of individuals 
        with blast injuries and a Department facility in that area 
        which has a mission of providing tertiary medical care;
            ``(2) provide that not less than 50 percent of the funds 
        appropriated for the center for support of clinical care, 
        research, and education will be provided to the collaborating 
        facilities with respect to the center; and
            ``(3) provide for a governance arrangement among the 
        facilities described in paragraph (1) with respect to the 
        center that ensures that the center will be established and 
        operated in a manner aimed at improving the quality of care for 
        blast injuries at the collaborating facilities with respect to 
        the center.
    ``(d) Findings Relating to Proposals.--The finding referred to in 
subsection (b)(4)(B) with respect to a proposal for the designation of 
a site as a location of a center under this section is a finding by the 
Secretary, upon the recommendation of the Under Secretary for Health, 
that the facilities submitting the proposal have developed (or may 
reasonably be anticipated to develop) each of the following:
            ``(1) An arrangement with an affiliated accredited medical 
        school or university that provides education and training in 
        disaster preparedness, homeland security, and biodefense.
            ``(2) Comprehensive and effective treatment services for 
        head injury, spinal cord injury, audiology, amputation, gait 
        and balance, and mental health.
            ``(3) The ability to attract scientists who have 
        demonstrated achievement in research--
                    ``(A) into the evaluation of innovative approaches 
                to the rehabilitation of blast injuries; or
                    ``(B) into the treatment of blast injuries.
            ``(4) The capability to evaluate effectively the activities 
        of the center, including activities relating to the evaluation 
        of specific efforts to improve the quality and effectiveness of 
        services on blast injuries that are provided by the Department 
        at or through individual facilities.
    ``(e) Departmental Support on Evaluation of Center Proposals.--(1) 
In order to provide advice to assist the Secretary and the Under 
Secretary for Health to carry out their responsibilities under this 
section, the official within the central office of the Veterans Health 
Administration responsible for blast injury matters shall establish a 
peer review panel to assess the scientific and clinical merit of 
proposals that are submitted to the Secretary for the designation of 
centers under this section.
    ``(2) The panel shall consist of experts in the fields of research, 
education and training, and clinical care on blast injuries. Members of 
the panel shall serve as consultants to the Department.
    ``(3) The panel shall review each proposal submitted to the panel 
by the official referred to in paragraph (1) and shall submit to that 
official its views on the relative scientific and clinical merit of 
each such proposal. The panel shall specifically determine with respect 
to each such proposal whether or not that proposal is among those 
proposals which have met the highest competitive standards of 
scientific and clinical merit.
    ``(4) The panel shall not be subject to the Federal Advisory 
Committee Act (5 U.S.C. App.).
    ``(f) Award of Funding.--Clinical and scientific investigation 
activities at each center established under this section--
            ``(1) may compete for the award of funding from amounts 
        appropriated for the Department for medical and prosthetics 
        research; and
            ``(2) shall receive priority in the award of funding from 
        such amounts insofar as funds are awarded from such amounts to 
        projects and activities relating to blast injuries.
    ``(g) Dissemination of Information.--(1) The Under Secretary for 
Health shall ensure that information produced by the centers 
established under this section that may be useful for other activities 
of the Veterans Health Administration is disseminated throughout the 
Administration.
    ``(2) Information shall be disseminated under this subsection 
through publications, through programs of continuing medical and 
related education provided through regional medical education centers 
under subchapter VI of chapter 74 of this title, and through other 
means. Such programs of continuing medical education shall receive 
priority in the award of funding.
    ``(h) Supervision.--The official within the central office of the 
Veterans Health Administration responsible for blast injury matters 
shall be responsible for supervising the operation of the centers 
established under this section and shall provide for ongoing evaluation 
of the centers and their compliance with the requirements of this 
section.
    ``(i) Authorization of Appropriations.--(1) There are authorized to 
be appropriated to the Department of Veterans Affairs for the centers 
established under this section amounts as follows:
            ``(A) $3,125,000 for fiscal year 2005.
            ``(B) $6,250,000 for each of fiscal years 2006 through 
        2008.
    ``(2) In addition to amounts authorized to be appropriated by 
paragraph (1) for a fiscal year, the Under Secretary for Health shall 
allocate to each center established under this section, from other 
funds authorized to be appropriated for such fiscal year for the 
Department generally for medical and for medical and prosthetics 
research, such additional amounts as the Under Secretary for Health 
determines appropriate to carry out the purpose of this section.''.
    (2) The table of sections at the beginning of chapter 73 is amended 
by inserting after the item relating to section 7326, the following new 
item:

``7327. Centers for research, education, and clinical activities on 
                            blast injuries.''.
    (b) Designation of Centers.--The Secretary of Veterans Affairs 
shall designate at least one center for research, education, and 
clinical activities on blast injuries as required by section 7327 of 
title 38, United States Code (as added by subsection (a)), not later 
than January 1, 2005.
    (c) Annual Reports.--(1) Not later than February 1 of each of 2006, 
2007, and 2008, the Secretary shall submit to the Committees on 
Veterans' Affairs of the Senate and House of Representatives a report 
on the status and activities during the previous fiscal year of the 
center for research, education, and clinical activities on blast 
injuries established under section 7327 of title 38, United States Code 
(as so added). Each such report shall include the following:
            (A) A description of the activities carried out at each 
        center, and the funding provided for such activities.
            (B) A description of the advances made at each of the 
        participating facilities of each center in research, education 
        and training, and clinical activities on blast injuries.
            (C) A description of the actions taken by the Under 
        Secretary for Health pursuant to subsection (g) of that section 
        (as so added) to disseminate information derived from such 
        activities throughout the Veterans Health Administration.
            (D) The assessment of the Secretary of the effectiveness of 
        the centers in fulfilling the purposes of the centers.

SEC. 206. EXTENSION OF VARIOUS AUTHORITIES RELATING TO VETERANS 
              BENEFITS.

    (a) Five-Year Extension of Reports by Special Medical Advisory 
Group.--Section 7312(d) is amended by striking ``December 31, 2004'' 
and inserting ``December 31, 2009''.
    (b) Pilot Programs Relating to Long-Term Care.--Section 102(h) of 
the Veterans Millennium Health Care and Benefits Act (Public Law 106-
117; 38 U.S.C. 1710B note) is amended by striking ``the date that is 
three years after the date of the commencement of that pilot program'' 
and inserting ``December 31, 2005''.

SEC. 207. ANNUAL REPORTS ON WAITING TIMES FOR APPOINTMENTS FOR HEALTH 
              CARE AND SERVICES.

    (a) Annual Reports.--Subchapter III of chapter 17 is amended by 
inserting after section 1730 the following new section:
``Sec. 1730A. Annual reports on waiting times for appointments for care 
              and services
    ``(a) Annual Reports.--Not later than January 31 each year, the 
Secretary shall submit to the Committees on Veterans' Affairs of the 
Senate and the House of Representatives a report on the waiting times 
of veterans for appointments for care and services from the Department 
under this chapter during the preceding year.
    ``(b) Report Elements.--Each report under subsection (a) shall 
specify, for the year covered by the report, the following:
            ``(1) A tabulation of the waiting time of veterans for 
        appointments with the Department for each category of primary 
        or specialty care or services furnished by the Department, 
        broken out by particular Department facility and by Veterans 
        Integrated Service Network.
            ``(2) An identification of the categories of specialty care 
        or services for which there are lengthy delays for appointments 
        at particular Department facilities or throughout particular 
        Veterans Integrated Service Networks, and, for each category so 
        identified, recommendations for the reallocation of personnel, 
        financial, and other resources to address such delays.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 is amended by inserting after the item relating to section 
1730 the following new item:

``1730A. Annual reports on waiting times for appointments for care and 
                            services.''.
            Amend the title so as to read: ``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, to improve and 
        extend other benefits for veterans, and for other purposes.''.




                                                       Calendar No. 718

108th CONGRESS

  2d Session

                                S. 2485

                          [Report No. 108-358]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 27, 2004

        Reported with an amendment and an amendment to the title