[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5815 Referred in Senate (RFS)]


109th CONGRESS
  2d Session
                                H. R. 5815


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2006

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
To authorize major medical facility projects and major medical facility 
leases for the Department of Veterans Affairs for fiscal years 2006 and 
                     2007, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Veterans Affairs Medical Facility Authorization Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of major medical facility project, Biloxi and 
                            Gulfport, Mississippi.
Sec. 3. Authorization of design, construction, and operation of major 
                            medical facility project, New Orleans, 
                            Louisiana.
Sec. 4. Authorization of design, construction, and operation of a major 
                            medical facility project, Charleston, South 
                            Carolina.
Sec. 5. Authorization of site purchase for major medical facility 
                            project, replacement site, Denver Colorado.
Sec. 6. Extension of authorization for certain major medical facility 
                            construction projects previously authorized 
                            in connection with Capital Asset 
                            Realignment Initiative.
Sec. 7. Authorization of major medical facility leases.
Sec. 8.  Authorization of appropriations.
Sec. 9. Sense of Congress and report on option for medical facility 
                            improvements in San Juan, Puerto Rico.
Sec. 10. Land conveyance, city of Fort Thomas, Kentucky.
Sec. 11. Establishment within the Department of Veterans Affairs of a 
                            career position responsible for Department-
                            wide construction and facilities 
                            management.
Sec. 12. Business plans for enhanced access to outpatient care in 
                            certain rural areas.
Sec. 13. Report on option for construction of a Department of Veterans 
                            Affairs medical center in Okaloosa County, 
                            Florida.

SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT, BILOXI AND 
              GULFPORT, MISSISSIPPI.

    (a) Project Authorization.--The Secretary of Veterans Affairs may 
carry out a major medical facility project for restoration of the 
Department of Veterans Affairs Medical Center, Biloxi, Mississippi, and 
consolidation of services performed at the Department of Veterans 
Affairs Medical Center, Gulfport, Mississippi.
    (b) Cost Limitation.--The project authorized by subsection (a) 
shall be carried out in an amount not to exceed $310,000,000.
    (c) Requirement for Joint-Use Facility.--The project authorized by 
subsection (a) may only be carried out as part of a joint-use facility 
shared by the Department of Veterans Affairs with Keesler Air Force 
Base, Biloxi, Mississippi.

SEC. 3. AUTHORIZATION OF DESIGN, CONSTRUCTION, AND OPERATION OF MAJOR 
              MEDICAL FACILITY PROJECT, NEW ORLEANS, LOUISIANA.

    (a) Agreement Authorized.--The Secretary of Veterans Affairs may 
enter into an agreement with the Louisiana State University to design, 
construct, and operate a co-located, joint-use medical facility in or 
near New Orleans to replace the medical center facility for the 
Department of Veterans Affairs Medical Center, New Orleans, Louisiana, 
damaged by Hurricane Katrina in August 2005.
    (b) Cost Limitation.--Advance planning and design for a co-located, 
joint-use medical facility in or near New Orleans under subsection (a) 
shall be carried out in an amount not to exceed $100,000,000.

SEC. 4. AUTHORIZATION OF DESIGN, CONSTRUCTION, AND OPERATION OF A MAJOR 
              MEDICAL FACILITY PROJECT, CHARLESTON, SOUTH CAROLINA.

    (a) Agreement Authorized.--The Secretary of Veterans Affairs may 
enter into an agreement with the Medical University of South Carolina 
to design, construct, and operate a co-located joint-use medical 
facility in Charleston, South Carolina, to replace the Ralph H. Johnson 
Department of Veterans Affairs Medical Center, Charleston, South 
Carolina.
    (b) Cost Limitation.--Advance planning and design for a co-located, 
joint-use medical facility in Charleston, South Carolina, under 
subsection (a) shall be carried out in an amount not to exceed 
$70,000,000.

SEC. 5. AUTHORIZATION OF SITE PURCHASE FOR MAJOR MEDICAL FACILITY 
              PROJECT, REPLACEMENT SITE, DENVER COLORADO.

    (a) Authorization.--The Secretary of Veterans Affairs may enter 
into an agreement to purchase a site for the replacement of the 
Department of Veterans Affairs Medical Center, Denver, Colorado, in an 
amount not to exceed $98,000,000.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report identifying and outlining the various options 
available to the Department for replacing the current Department of 
Veterans Affairs Medical Center, Denver, Colorado. The report shall 
include the following:
            (1) The feasibility of entering into a partnership with a 
        Federal, State, or local governmental agency, or a suitable 
        non-profit organization, for the construction and operation of 
        a new facility.
            (2) The medical, legal, and financial implications of each 
        of the options identified, including recommendations regarding 
        any statutory changes necessary for the Department to carry out 
        any of the options identified.
            (3) A detailed cost-benefit analysis of each of the options 
        identified.
            (4) Estimates regarding the length of time and associated 
        costs needed to complete such a facility under each of the 
        options identified.

SEC. 6. EXTENSION OF AUTHORIZATION FOR CERTAIN MAJOR MEDICAL FACILITY 
              CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED IN CONNECTION 
              WITH CAPITAL ASSET REALIGNMENT INITIATIVE.

    The Secretary of Veterans Affairs may carry out the following major 
medical facility projects, with each such project to be carried out in 
the amount specified for that project:
            (1) Construction of an outpatient clinic and regional 
        office at the Department of Veterans Affairs Medical Center, 
        Anchorage, Alaska, in an amount not to exceed $75,270,000.
            (2) Consolidation of clinical and administrative functions 
        of the Department of Veterans Affairs Medical Center, 
        Cleveland, Ohio, and the Department of Veterans Affairs Medical 
        Center, Brecksville, Ohio, in an amount not to exceed 
        $102,300,000.
            (3) Construction of the extended care building at the 
        Department of Veterans Affairs Medical Center, Des Moines, 
        Iowa, in an amount not to exceed $25,000,000.
            (4) Renovation of patient wards at the Department of 
        Veterans Affairs Medical Center, Durham, North Carolina, in an 
        amount not to exceed $9,100,000.
            (5) Correction of patient privacy deficiencies at the 
        Department of Veterans Affairs Medical Center, Gainesville, 
        Florida, in an amount not to exceed $85,200,000.
            (6) 7th and 8th floor wards modernization addition at the 
        Department of Veterans Affairs Medical Center, Indianapolis, 
        Indiana, in an amount not to exceed $27,400,000.
            (7) Construction of a new medical center facility at the 
        Department of Veterans Affairs Medical Center, Las Vegas, 
        Nevada, in an amount not to exceed $406,000,000.
            (8) Construction of an ambulatory surgery/outpatient 
        diagnostic support center in the Gulf South Submarket of 
        Veterans Integrated Service Network (VISN) 8 and completion of 
        Phase I land purchase, Lee County, Florida, in an amount not to 
        exceed $65,100,000.
            (9) Seismic corrections, Buildings 7 and 126, Department of 
        Veterans Affairs Medical Center, Long Beach, California, in an 
        amount not to exceed $107,845,000.
            (10) Seismic corrections, Buildings 500 and 501, Department 
        of Veterans Affairs Medical Center, Los Angeles, California, in 
        an amount not to exceed $79,900,000.
            (11) Construction of a new medical center facility, 
        Orlando, Florida, to be located at the site in Lake Nona known 
        as site selection C, which is directly south of the interchange 
        between SR-417 and Lake Nona Boulevard and is part of a science 
        and research park that is likely to include the proposed campus 
        of the medical school of the University of Central Florida, in 
        an amount not to exceed $377,700,000.
            (12) Consolidation of campuses at the University Drive and 
        H. John Heinz III divisions, Pittsburgh, Pennsylvania, in an 
        amount not to exceed $189,205,000.
            (13) Ward upgrades and expansion at the Department of 
        Veterans Affairs Medical Center, San Antonio, Texas, in an 
        amount not to exceed $19,100,000.
            (14) Construction of a spinal cord injury center, 
        Department of Veterans Affairs Medical Center, Syracuse, New 
        York, in an amount not to exceed $77,700,000.
            (15) Upgrade essential electrical distribution systems, 
        Department of Veterans Affairs Medical Center, Tampa, Florida, 
        in an amount not to exceed $49,000,000.
            (16) Expansion of the spinal cord injury center addition, 
        Department of Veterans Affairs Medical Center, Tampa, Florida, 
        in an amount not to exceed $7,100,000.
            (17) Blind rehabilitation and psychiatric bed renovation 
        and new construction project, Department of Veterans Affairs 
        Medical Center, Temple, Texas, in an amount not to exceed 
        $56,000,000.

SEC. 7. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.

    (a) Fiscal Year 2006 Leases.--The Secretary of Veterans Affairs may 
carry out the following major medical facility leases in fiscal year 
2006 at the locations specified, in an amount for each lease not to 
exceed the amount specified for that location:
            (1) For an outpatient clinic, Baltimore, Maryland, 
        $10,908,000.
            (2) For an outpatient clinic, Evansville, Indiana, 
        $8,989,000.
            (3) For an outpatient clinic, Smith County, Texas, 
        $5,093,000.
    (b) Fiscal Year 2007 Leases.--The Secretary of Veterans Affairs may 
carry out the following major medical facility leases in fiscal year 
2007 at the locations specified, in an amount for each lease not to 
exceed the amount specified for that location:
            (1) For an outpatient and specialty care clinic, Austin, 
        Texas, $6,163,000.
            (2) For an outpatient clinic, Lowell, Massachusetts, 
        $2,520,000.
            (3) For an outpatient clinic, Grand Rapids, Michigan, 
        $4,409,000.
            (4) For up to four outpatient clinics, Las Vegas, Nevada, 
        $8,518,000.
            (5) For an outpatient clinic, Parma, Ohio, $5,032,000.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations for Fiscal Year 2006 Major 
Medical Facility Projects.--There is authorized to be appropriated to 
the Secretary of Veterans Affairs for fiscal year 2006 for the 
Construction, Major Projects, account, a total of $578,000,000, of 
which--
            (1) $310,000,000 is for the project authorized in section 
        2;
            (2) $100,000,000 is for the advance planning and design 
        authorized in section 3;
            (3) $70,000,000 is for the advanced planning authorized in 
        section 4; and
            (4) $98,000,000 is for the purchase of a site authorized in 
        section 5.
    (b) Authorization of Appropriations for Major Medical Facility 
Projects Under Capital Asset Realignment Initiative.--There is 
authorized to be appropriated for the Secretary of Veterans Affairs for 
fiscal year 2007 for the Construction, Major Projects, account, 
$1,758,920,000 for the projects specified in section 6.
    (c) Authorization of Appropriations for Major Medical Facility 
Leases.--
            (1) Fiscal year 2006 leases.--There is authorized to be 
        appropriated for the Secretary of Veterans Affairs for fiscal 
        year 2006 for the Medical Care account, $24,990,000 for the 
        leases authorized in section 7(a).
            (2) Fiscal year 2007 leases.--There is authorized to be 
        appropriated for the Secretary of Veterans Affairs for fiscal 
        year 2007 for the Medical Care account, $26,642,000 for the 
        leases authorized in section 7(b).
    (d) Limitation.--The projects authorized in sections 2, 3, 4, 5, 
and 6 may only be carried out using--
            (1) funds appropriated for fiscal year 2006 or 2007 
        pursuant to the authorization of appropriations in subsections 
        (a), (b), and (c);
            (2) funds available for Construction, Major Projects, for a 
        fiscal year before fiscal year 2006 that remain available for 
        obligation;
            (3) funds available for Construction, Major Projects, for a 
        fiscal year after fiscal year 2006 or 2007 that are available 
        for obligation; and
            (4) funds appropriated for Construction, Major Projects, 
        for fiscal year 2006 or 2007 for a category of activity not 
        specific to a project.

SEC. 9. SENSE OF CONGRESS AND REPORT ON OPTION FOR MEDICAL FACILITY 
              IMPROVEMENTS IN SAN JUAN, PUERTO RICO.

    (a) Sense of Congress.--Recognizing that concern for the need for 
medical facility improvements in San Juan, Puerto Rico, is not being 
adequately addressed, it is the sense of Congress that the Secretary of 
Veterans Affairs should take steps to explore all options for 
addressing that concern, including the option of a public/private 
partnership to construct and operate a facility that would replace the 
current Department of Veterans Affairs medical center in San Juan, 
Puerto Rico.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report identifying and outlining the various options 
available to the Department for replacing the current Department of 
Veterans Affairs Medical Center, San Juan, Puerto Rico. The report 
shall include the following:
            (1) The feasibility of entering into a partnership with a 
        Federal, Commonwealth, or local governmental agency, or a 
        suitable non-profit organization, for the construction and 
        operation of a new facility.
            (2) The medical, legal, and financial implications of each 
        of the options identified, including recommendations regarding 
        any statutory changes necessary for the Department to carry out 
        any of the options identified.
            (3) A detailed cost-benefit analysis of each of the options 
        identified.
            (4) Estimates regarding the length of time and associated 
        costs needed to complete such a facility under each of the 
        options identified.

SEC. 10. LAND CONVEYANCE, CITY OF FORT THOMAS, KENTUCKY.

    (a) Conveyance Authorized.--The Secretary of Veterans Affairs may 
convey to the city of Fort Thomas, Kentucky (in this section referred 
to as the ``City''), all right, title, and interest of the United 
States in and to a parcel of real property, including the 15 structures 
located thereon, consisting of approximately 11.75 acres that is 
managed by the Department of Veterans Affairs and located in the 
northeastern portion of Tower Park in Fort Thomas, Kentucky. Any such 
conveyance shall be subject to valid existing rights, easements, and 
rights-of-way.
    (b) Consideration.--As consideration for the conveyance under 
subsection (a), the City shall pay to the United States an amount equal 
to the fair market value of the conveyed real property, as determined 
by the Secretary.
    (c) Treatment of Consideration.--The consideration received under 
subsection (b) shall be deposited, at the discretion of the Secretary, 
in the ``Medical facilities'' account or the ``Construction, minor 
projects'' account (or a combination of those accounts) and shall be 
available to the Secretary, without limitation and until expended--
            (1) to cover costs incurred by the Secretary associated 
        with the environmental remediation of the real property before 
        conveyance under subsection (a); and
            (2) with any funds remaining after the Secretary has 
        covered costs as required under paragraph (1), for acquisition 
        of a site for use as a parking facility, or contract (by lease 
        or otherwise) for the operation of a parking facility, to be 
        used in connection with the Department of Veterans Affairs 
        Medical Facility, Cincinnati, Ohio.
    (d) Release From Liability.--Effective on the date of the 
conveyance under subsection (a), the United States shall not be liable 
for damages arising out of any act, omission, or occurrence relating to 
the conveyed real property, but shall continue to be liable for damages 
caused by acts of negligence committed by the United States or by any 
employee or agent of the United States before the date of conveyance, 
consistent with chapter 171 of title 28, United States Code.
    (e) Payment of Costs of Conveyance.--
            (1) Payment required.--The Secretary shall require the City 
        to cover costs to be incurred by the Secretary, or to reimburse 
        the Secretary for costs incurred by the Secretary, to carry out 
        the conveyance under subsection (a), including survey costs, 
        costs related to environmental documentation, and other 
        administrative costs related to the conveyance. If amounts are 
        collected from the City in advance of the Secretary incurring 
        the actual costs, and the amount collected exceeds the costs 
        actually incurred by the Secretary to carry out the conveyance, 
        the Secretary shall refund the excess amount to the City.
            (2) Treatment of amounts received.--Amounts received as 
        reimbursement under paragraph (1) shall be credited to the fund 
        or account that was used to cover the costs incurred by the 
        Secretary in carrying out the conveyance. Amounts so credited 
        shall be merged with amounts in such fund or account and shall 
        be available for the same purposes, and subject to the same 
        conditions and limitations, as amounts in such fund or account.
    (f) Description of Property.--The exact acreage and legal 
description of the real property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Secretary.
    (g) Additional Terms and Conditions.--The Secretary may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Secretary considers necessary to protect 
the interests of the United States.

SEC. 11. ESTABLISHMENT WITHIN THE DEPARTMENT OF VETERANS AFFAIRS OF A 
              CAREER POSITION RESPONSIBLE FOR DEPARTMENT-WIDE 
              CONSTRUCTION AND FACILITIES MANAGEMENT.

    (a) Establishment of Position.--Chapter 3 of title 38, United 
States Code, is amended by inserting after section 312 the following 
new section:
``Sec. 312A. Director, Construction and Facilities Management
    ``(a) Career Position.--There is in the Department the position of 
Director, Construction and Facilities Management. The position of 
Director, Construction and Facilities Management, is a career position 
with responsibility for construction and facilities management across 
the Department, including responsibility for all major and minor 
construction projects. The individual appointed as Director shall be 
appointed by the Secretary and shall provide direct support to the 
Secretary and report to the Deputy Secretary of the Department.
    ``(b) Qualifications.--The individual appointed to the position of 
Director, Construction and Facilities Management, shall be an 
individual who--
            ``(1) holds an undergraduate or master's degree in 
        architectural design or engineering; and
            ``(2) has substantive professional experience in the area 
        of construction project management.
    ``(c) Responsibilities.--The individual appointed to the position 
of Director, Construction and Facilities Management, shall be 
responsible for overseeing and managing the planning, design, 
construction, and facilities operation, including infrastructure, of 
the Department's major and minor construction projects and performing 
such other functions as the Secretary prescribes. Such oversight and 
management responsibilities shall include each of the following:
            ``(1) Developing and updating short and long-range 
        strategic capital investment strategies and plans.
            ``(2) Planning, designing, and building facilities, 
        determining architectural and engineering requirements as well 
        as ensuring compliance with all applicable laws relating to the 
        Department's construction program.
            ``(3) Overseeing and managing the construction of 
        Department facilities.
            ``(4) Managing the Department's short and long-term leasing 
        activity.
            ``(5) Repairing and maintaining the Department's 
        facilities, including custodial services, building management 
        and administration, and maintenance of roads, grounds, and 
        infrastructure.
            ``(6) Managing the procurement and acquisition processes, 
        including contract award related to design, construction, 
        furnishing, and supplies and equipment.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
312 the following new item:

``312A. Director, Construction and Facilities Management.''.

SEC. 12. BUSINESS PLANS FOR ENHANCED ACCESS TO OUTPATIENT CARE IN 
              CERTAIN RURAL AREAS.

    (a) Requirement.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a business plan for enhanced access to outpatient care 
(as described in subsection (b)) for primary care, mental health care, 
and specialty care in each of the following areas:
            (1) The Lewiston-Auburn area of Maine.
            (2) The area of Houlton, Maine.
            (3) The area of Dover-Foxcroft, Maine.
            (4) Whiteside County, Illinois.
    (b) Means of Enhanced Access.--The means of enhanced access to 
outpatient care to be covered by the business plans under subsection 
(a) are, with respect to each area specified in that subsection, one or 
more of the following:
            (1) New sites of care.
            (2) Expansions at existing sites of care.
            (3) Use of existing authority and policies to contract for 
        care where necessary.
            (4) Increased use of telemedicine.

SEC. 13. REPORT ON OPTION FOR CONSTRUCTION OF A DEPARTMENT OF VETERANS 
              AFFAIRS MEDICAL CENTER IN OKALOOSA COUNTY, FLORIDA.

     Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Veterans Affairs shall submit to the Committees 
on Veterans' Affairs of the Senate and House of Representatives a 
report identifying and outlining the various options available to the 
Department for the placement of a Department of Veterans Affairs 
Medical Center in Okaloosa County, Florida. The report shall include 
the following:
            (1) The feasibility of entering into a partnership with 
        Eglin Air Force Base for the construction and operation of a 
        new, joint Department of Veterans Affairs-Department of Defense 
        facility.
            (2) The medical, legal, and financial implications of each 
        of the options identified, including recommendations regarding 
        any statutory changes necessary for the Department to carry out 
        any of the options identified.
            (3) A detailed cost-benefit analysis of each of the options 
        identified.
            (4) Estimates regarding the length of time and associated 
        costs needed to complete such a facility under each of the 
        options identified.

            Passed the House of Representatives September 13, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.