[Congressional Record Volume 150, Number 128 (Saturday, October 9, 2004)]
[Senate]
[Pages S10990-S10997]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4045. Mr. McCONNELL (for himself and Mr. Reid) proposed an 
amendment to amendment SA 3981 proposed by Mr. McConnell (for himself, 
Mr. Reid, Mr. Frist, and Mr. Daschle) to the resolution S. Res. 445, to 
eliminate certain restrictions on service of a Senator on the Senate 
Select Committee on Intelligence; as follows:

       Page 2, line 10, strike ``primarily''
       Page 5, line 20 and 21, strike ``Ranking Member'' and 
     insert ``Vice Chairman''
       Page 4, lines 9 through 13, strike.
       At the end of Section 101(b)(1) insert the following: ``The 
     jurisdiction of the Committee on Homeland Security and 
     Governmental Affairs in this paragraph shall supersede the 
     jurisdiction of any other committee of the Senate provided in 
     the rules of the Senate.''.
                                 ______
                                 
  SA 4046. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2656, to establish a National Commission on the 
Quincentennial of the discovery of Florida by Ponce de Leon; which was 
referred to the Committee on Energy and Natural Resources; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ponce de Leon Discovery of 
     Florida Quincentennial Commission Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the National 
     Commission on the Quincentennial of the discovery of Florida 
     by Ponce de Leon established under section 3(a).
       (2) Governor.--The term ``Governor'' means the Governor of 
     the State of Florida.
       (3) Quincentennial.--The term ``Quincentennial'' means the 
     500th anniversary of the discovery of Florida by Ponce de 
     Leon.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission on the Quincentennial of 
     the discovery of Florida by Ponce de Leon''.
       (b) Duties.--The Commission shall plan, encourage, 
     coordinate, and conduct the commemoration of the 
     Quincentennial.
       (c) Membership.--
       (1) Composition.--The Commission shall be composed of 10 
     members, including--
       (A) 2 members, to be appointed by the President, on the 
     recommendation of the Majority Leader and the Minority Leader 
     of the Senate;
       (B) 2 members, to be appointed by the President, on the 
     recommendation of the Speaker of the House of Representatives 
     and the Minority Leader of the House of Representatives; and
       (C) 4 members, to be appointed by the President, taking 
     into consideration the recommendations of the Governor, the 
     Director of the National Park Service, and the Secretary of 
     the Smithsonian Institution.
       (2) Criteria.--A member of the Commission shall be chosen 
     from among individuals that have demonstrated a strong sense 
     of public service, expertise in the appropriate professions, 
     scholarship, and abilities likely to contribute to the 
     fulfillment of the duties of the Commission.
       (3) Date of appointments.--Not later than 60 days after the 
     date of enactment of this Act, the members of the Commission 
     described in paragraph (1) shall be appointed.
       (d) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Commission.
       (2) Vacancy.--A vacancy on the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner as the original 
     appointment was made.
       (e) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (f) Meetings.--The Commission shall meet annually at the 
     call of the co-chairpersons described under subsection (h).
       (g) Quorum.--A quorum of the Commission for decision making 
     purposes shall be 5 members, except that a lesser number of 
     members, as determined by the Commission, may conduct 
     meetings.
       (h) Co-chairpersons.--The President shall designate 2 of 
     the members of the Commission as co-chairpersons of the 
     Commission.

     SEC. 4. DUTIES.

       (a) In General.--The Commission shall--
       (1) plan and develop activities appropriate to commemorate 
     the Quincentennial including a limited number of proposed 
     projects to be undertaken by the appropriate Federal 
     departments and agencies that commemorate the Quincentennial 
     by seeking to harmonize and balance the important goals of 
     ceremony and celebration with the equally important goals of 
     scholarship and education;
       (2) consult with and encourage appropriate Federal 
     departments and agencies, State and local governments, Indian 
     tribal governments, elementary and secondary schools, 
     colleges and universities, foreign governments, and private 
     organizations to organize and participate in Quincentennial 
     activities commemorating or examining--
       (A) the history of Florida;
       (B) the discovery of Florida;
       (C) the life of Ponce de Leon;
       (D) the myths surrounding Ponce de Leon's search for gold 
     and for the ``fountain of youth'';
       (E) the exploration of Florida; and
       (F) the beginnings of the colonization of North America; 
     and
       (3) coordinate activities throughout the United States and 
     internationally that relate to the history and influence of 
     the discovery of Florida.
       (b) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Resources of the House of 
     Representatives a comprehensive report that includes specific 
     recommendations for--
       (A) the allocation of financial and administrative 
     responsibility among participating entities and persons with 
     respect to commemoration of the Quincentennial; and
       (B) the commemoration of the Quincentennial and related 
     events through programs and activities, including--
       (i) the production, publication, and distribution of books, 
     pamphlets, films, electronic publications, and other 
     educational

[[Page S10991]]

     materials focusing on the history and impact of the discovery 
     of Florida on the United States and the world;
       (ii) bibliographical and documentary projects, 
     publications, and electronic resources;
       (iii) conferences, convocations, lectures, seminars, and 
     other programs;
       (iv) the development of programs by and for libraries, 
     museums, parks and historic sites, including international 
     and national traveling exhibitions;
       (v) ceremonies and celebrations commemorating specific 
     events;
       (vi) the production, distribution, and performance of 
     artistic works, and of programs and activities, focusing on 
     the national and international significance of the discovery 
     of Florida; and
       (vii) the issuance of commemorative coins, medals, 
     certificates of recognition, and stamps.
       (2) Annual report.--The Commission shall submit an annual 
     report that describes the activities, programs, expenditures, 
     and donations of or received by the Commission to--
       (A) the President; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Resources of the House of 
     Representatives.
       (3) Final report.--Not later than December 31, 2013, the 
     Commission shall submit a final report that describes the 
     activities, programs, expenditures, and donations of or 
     received by the Commission to--
       (A) the President; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Resources of the House of 
     Representatives.
       (c) Assistance.--In carrying out this Act, the Commission 
     shall consult, cooperate with, and seek advice and assistance 
     from appropriate Federal departments and agencies, including 
     the Department of the Interior.
       (d) Coordination of Activities.--In carrying out the duties 
     of the Commission, the Commission, in consultation with the 
     Secretary of State, may coordinate with the Government of 
     Spain and political subdivisions in Spain for the purposes of 
     exchanging information and research and otherwise involving 
     the Government of Spain, as appropriate, in the commemoration 
     of the Quincentennial.

     SEC. 5. POWERS OF THE COMMISSION.

       (a) In General.--The Commission may provide for--
       (1) the preparation, distribution, dissemination, 
     exhibition, and sale of historical, commemorative, and 
     informational materials and objects that will contribute to 
     public awareness of, and interest in, the Quincentennial, 
     except that any commemorative coin, medal, or postage stamp 
     recommended to be issued by the United States shall be sold 
     only by a Federal department or agency;
       (2) competitions and awards for historical, scholarly, 
     artistic, literary, musical, and other works, programs, and 
     projects relating to the Quincentennial;
       (3) a Quincentennial calendar or register of programs and 
     projects;
       (4) a central clearinghouse for information and 
     coordination regarding dates, events, places, documents, 
     artifacts, and personalities of Quincentennial historical and 
     commemorative significance; and
       (5) the design and designation of logos, symbols, or marks 
     for use in connection with the commemoration of the 
     Quincentennial and shall establish procedures regarding their 
     use.
       (b) Advisory Committee.--The Commission may appoint such 
     advisory committees as the Commission determines necessary to 
     carry out the purposes of this Act.

     SEC. 6. ADMINISTRATION.

       (a) Location of Office.--
       (1) Principal office.--The principal office of the 
     Commission shall be in St. Augustine, Florida.
       (2) Satellite office.--The Commission may establish a 
     satellite office in Washington, D.C.
       (b) Staff.--
       (1) Appointment of director and deputy director.--
       (A) In general.--The co-chairpersons, with the advice of 
     the Commission, may appoint and terminate a director and 
     deputy director without regard to the civil service laws 
     (including regulations).
       (B) Delegation to director.--The Commission may delegate 
     such powers and duties to the director as may be necessary 
     for the efficient operation and management of the Commission.
       (2) Staff paid from federal funds.--The Commission may use 
     any available Federal funds to appoint and fix the 
     compensation of not more than 4 additional personnel staff 
     members, as the Commission determines necessary.
       (3) Staff paid from non-federal funds.--The Commission may 
     use any available non-Federal funds to appoint and fix the 
     compensation of additional personnel.
       (4) Compensation.--
       (A) Members.--
       (i) In general.--A member of the Commission shall serve 
     without compensation.
       (ii) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (B) Staff.--
       (i) In general.--The co-chairpersons of the Commission may 
     fix the compensation of the director, deputy director, and 
     other personnel without regard to the provisions of chapter 
     51 and subchapter III of chapter 53 of title 5, United States 
     Code, relating to classification of positions and General 
     Schedule pay rates.
       (ii) Maximum rate of pay.--

       (I) Director.--The rate of pay for the director shall not 
     exceed the rate payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       (II) Deputy director.--The rate of pay for the deputy 
     director shall not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (III) Staff members.--The rate of pay for staff members 
     appointed under paragraph (2) shall not exceed the rate 
     payable for grade GS-15 of the General Schedule under section 
     5332 of title 5, United States Code.

       (c) Detail of Federal Government Employees.--
       (1) In general.--On request of the Commission, the head of 
     any Federal agency or department may detail any of the 
     personnel of the agency or department to the Commission to 
     assist the Commission in carrying out this Act.
       (2) Reimbursement.--A detail of personnel under this 
     subsection shall be without reimbursement by the Commission 
     to the agency from which the employee was detailed.
       (3) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (d) Other Revenues and Expenditures.--
       (1) In general.--The Commission may procure supplies, 
     services, and property, enter into contracts, and expend 
     funds appropriated, donated, or received to carry out 
     contracts.
       (2) Donations.--
       (A) In general.--The Commission may solicit, accept, use, 
     and dispose of donations of money, property, or personal 
     services.
       (B) Limitations.--Subject to subparagraph (C), the 
     Commission shall not accept donations--
       (i) the value of which exceeds $50,000 annually, in the 
     case of donations from an individual; or
       (ii) the value of which exceeds $250,000 annually, in the 
     case of donations from a person other than an individual.
       (C) Nonprofit organization.--The limitations in 
     subparagraph (B) shall not apply in the case of an 
     organization that is--
       (i) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986; and
       (ii) exempt from taxation under section 501(a) of the 
     Internal Revenue Code of 1986.
       (3) Acquired items.--Any book, manuscript, miscellaneous 
     printed matter, memorabilia, relic, and other material or 
     property relating to the time period of the discovery of 
     Florida acquired by the Commission may be deposited for 
     preservation in national, State, or local libraries, museums, 
     archives, or other agencies with the consent of the 
     depositary institution.
       (e) Postal Services.--The Commission may use the United 
     States mail to carry out this Act in the same manner and 
     under the same conditions as other agencies of the Federal 
     Government.
       (f) Voluntary Services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Commission may accept and 
     use voluntary and uncompensated services as the Commission 
     determines to be necessary.

     SEC. 7. STUDY.

       The Secretary of the Interior shall--
       (1) in accordance with section 8(c) of Public Law 91-383 
     (16 U.S.C. 1a-5(c)), conduct a study to assess the 
     suitability and feasibility of designating an area in the 
     State of Florida as a unit of the National Park System to 
     commemorate the discovery of Florida by Ponce de Leon; and
       (2) not later than 3 years after the date on which funds 
     are made available to carry out the study, submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that describes--
       (A) the findings of the study; and
       (B) any conclusions and recommendations of the Secretary of 
     the Interior with respect to the study.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there is 
     authorized to be appropriated to carry out the purposes of 
     this Act $250,000 for each of fiscal years 2005 through 2013.
       (b) Availability of Funds.--Amounts appropriated under this 
     section for any fiscal year shall remain available until 
     December 31, 2013.

     SEC. 9. TERMINATION OF AUTHORITY.

       The authority provided by this Act terminates effective 
     December 31, 2013.
                                 ______
                                 
  SA 4047. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 1630, to revise the boundary of the Petrified 
Forest National Park in the State of Arizona, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 2, line 9, strike ``June'' and insert ``July''.
                                 ______
                                 
  SA 4048. Mr. FRIST (for Mr. Specter) proposed an amendment to the

[[Page S10992]]

bill S. 2485, to amend title 38, United States code, to improve and 
enhance the authorities of the Secretary of Veterans Affairs relating 
to the management and disposal of real property and facilities, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--ASSISTANCE TO HOMELESS VETERANS

Sec. 101. Authorization of appropriations.

               TITLE II--VETERANS LONG-TERM CARE PROGRAMS

Sec. 201. Assistance for hiring and retention of nurses at State 
              veterans' homes.
Sec. 202. Treatment of Department of Veterans Affairs per diem payments 
              to State homes for veterans.
Sec. 203. Extension of authority to provide care under long-term care 
              pilot programs.
Sec. 204. Prohibition on collection of copayments for hospice care.

                        TITLE III--MEDICAL CARE

Sec. 301. Sexual trauma counseling program.
Sec. 302. Centers for research, education, and clinical activities on 
              complex multi-trauma associated with combat injuries.
Sec. 303. Enhancement of medical preparedness of Department of Veterans 
              Affairs.

       TITLE IV--MEDICAL FACILITIES MANAGEMENT AND ADMINISTRATION

               Subtitle A--Major Medical Facility Leases

Sec. 401. Major medical facility leases.
Sec. 402. Authorization of appropriations.
Sec. 403. Authority for long-term lease of certain lands of University 
              of Colorado.

                   Subtitle B--Facilities Management

Sec. 411. Department of Veterans Affairs Capital Asset Fund.
Sec. 412. Annual report to Congress on inventory of Department of 
              Veterans Affairs historic properties.
Sec. 413. Authority to acquire and transfer real property for use for 
              homeless veterans.
Sec. 414. Limitation on implementation of mission changes for specified 
              Veterans Health Administration facilities.
Sec. 415. Authority to use project funds to construct or relocate 
              surface parking incidental to a construction or 
              nonrecurring maintenance project.
Sec. 416. Inapplicability of limitation on use of advance planning 
              funds to authorized major medical facility projects.
Sec. 417. Improvements to enhanced-use lease authority.
Sec. 418. First option for Commonwealth of Kentucky on Department of 
              Veterans Affairs Medical Center, Louisville, Kentucky.
Sec. 419. Transfer of jurisdiction, General Services Administration 
              property, Boise, Idaho.

                 Subtitle C--Designation of Facilities

Sec. 421. Thomas E. Creek Department of Veterans Affairs Medical 
              Center.
Sec. 422. James J. Peters Department of Veterans Affairs Medical 
              Center.
Sec. 423. Bob Michel Department of Veterans Affairs Outpatient Clinic.
Sec. 424. Charles Wilson Department of Veterans Affairs Outpatient 
              Clinic.
Sec. 425. Thomas P. Noonan, Jr. Department of Veterans Affairs 
              Outpatient Clinic.

                   TITLE V--PERSONNEL ADMINISTRATION

Sec. 501. Pilot program to study innovative recruitment tools to 
              address nursing shortages at Department of Veterans 
              Affairs health care facilities.
Sec. 502. Technical correction to listing of certain hybrid positions 
              in Veterans Health Administration.
Sec. 503. Under Secretary for Health.

                        TITLE VI--OTHER MATTERS

Sec. 601. Extension and codification of authority for recovery audits.
Sec. 602. Inventory of medical waste management activities at 
              Department of Veterans Affairs health care facilities.
Sec. 603. Inclusion of all enrolled veterans among persons eligible to 
              use canteens operated by Veterans' Canteen Service.
Sec. 604. Annual reports on waiting times for appointments for 
              specialty care.
Sec. 605. Technical clarification.

     SEC. 2. REFERENCE 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--ASSISTANCE TO HOMELESS VETERANS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Section 2013 is amended in paragraph (4) by striking 
     ``$75,000,000'' and inserting ``$99,000,000''.

               TITLE II--VETERANS LONG-TERM CARE PROGRAMS

     SEC. 201. ASSISTANCE FOR HIRING AND RETENTION OF NURSES AT 
                   STATE VETERANS' HOMES.

       (a) In General.--(1) Chapter 17 is amended by inserting 
     after section 1743 the following new section:

     ``Sec. 1744. Hiring and retention of nurses: payments to 
       assist States

       ``(a) Payment Program.--The Secretary shall make payments 
     to States under this section for the purpose of assisting 
     State homes in the hiring and retention of nurses and the 
     reduction of nursing shortages at State homes.
       ``(b) Eligible Recipients.--Payments to a State for a 
     fiscal year under this section shall, subject to submission 
     of an application, be made to any State that during that 
     fiscal year--
       ``(1) receives per diem payments under this subchapter for 
     that fiscal year; and
       ``(2) has in effect an employee incentive scholarship 
     program or other employee incentive program at a State home 
     designed to promote the hiring and retention of nursing staff 
     and to reduce nursing shortages at that home.
       ``(c) Use of Funds Received.--A State may use an amount 
     received under this section only to provide funds for a 
     program described in subsection (b)(2). Any program shall 
     meet such criteria as the Secretary may prescribe. In 
     prescribing such criteria, the Secretary shall take into 
     consideration the need for flexibility and innovation.
       ``(d) Limitations on Amount of Payment.--(1) A payment 
     under this section may not be used to provide more than 50 
     percent of the costs for a fiscal year of the employee 
     incentive scholarship or other employee incentive program for 
     which the payment is made.
       ``(2) The amount of the payment to a State under this 
     section for any fiscal year is, for each State home in that 
     State with a program described in subsection (b)(2), the 
     amount equal to 2 percent of the amount of payments estimated 
     to be made to that State, for that State home, under section 
     1741 of this title for that fiscal year.
       ``(e) Applications.--A payment under this section for any 
     fiscal year with respect to any State home may only be made 
     based upon an application submitted by the State seeking the 
     payment with respect to that State home. Any such application 
     shall describe the nursing shortage at the State home and the 
     employee incentive scholarship program or other employee 
     incentive program described in subsection (c) for which the 
     payment is sought.
       ``(f) Source of Funds.--Payments under this section shall 
     be made from funds available for other payments under this 
     subchapter.
       ``(g) Disbursement.--Payments under this section to a State 
     home shall be made as part of the disbursement of payments 
     under section 1741 of this title with respect to that State 
     home.
       ``(h) Use of Certain Receipts.--The Secretary shall require 
     as a condition of any payment under this section that, in any 
     case in which the State home receives a refund payment made 
     by an employee in breach of the terms of an agreement for 
     employee assistance that used funds provided under this 
     section, the payment shall be returned to the State home's 
     incentive program account and credited as a non-Federal 
     funding source.
       ``(i) Annual Report From Payment Recipients.--Any State 
     home receiving a payment under this section for any fiscal 
     year, shall, as a condition of the payment, be required to 
     agree to provide to the Secretary a report setting forth in 
     detail the use of funds received through the payment, 
     including a descriptive analysis of how effective the 
     incentive program has been on nurse staffing in the State 
     home during that fiscal year. The report for any fiscal year 
     shall be provided to the Secretary within 60 days of the 
     close of the fiscal year and shall be subject to audit by the 
     Secretary. Eligibility for a payment under this section for 
     any later fiscal year is contingent upon the receipt by the 
     Secretary of the annual report under this subsection for the 
     previous fiscal year in accordance with this subsection.
       ``(j) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section. The regulations shall 
     include the establishment of criteria for the award of 
     payments under this section.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after section 1743 the following new 
     item:

``1744. Hiring and retention of nurses: payments to assist States.''.

       (b) Implementation.--The Secretary of Veterans Affairs 
     shall implement section 1744 of title 38, United States Code, 
     as added by subsection (a), as expeditiously as possible. The 
     Secretary shall establish such interim procedures as 
     necessary so as to ensure that payments are made to eligible

[[Page S10993]]

     States under that section commencing not later than June 1, 
     2005, notwithstanding that regulations under subsection (j) 
     of that section may not have become final.

     SEC. 202. 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 
     used to offset or reduce any other payment made to assist 
     veterans.''.

     SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE CARE UNDER LONG-
                   TERM CARE PILOT PROGRAMS.

       Subsection (h) of section 102 of the Veterans Millennium 
     Health Care and Benefits Act (38 U.S.C. 1710B note) is 
     amended--
       (1) by inserting ``(1)'' before ``The authority of''; and
       (2) by adding at the end the following new paragraph:
       ``(2) In the case of a veteran who is participating in a 
     pilot program under this section as of the end of the three-
     year period applicable to that pilot program under paragraph 
     (1), the Secretary may continue to provide to that veteran 
     any of the services that could be provided under the pilot 
     program. The authority to provide services to any veteran 
     under the preceding sentence applies during the period 
     beginning on the date specified in paragraph (1) with respect 
     to that pilot program and ending on December 31, 2005.''.

     SEC. 204. PROHIBITION ON COLLECTION OF COPAYMENTS FOR HOSPICE 
                   CARE.

       Section 1710B(c)(2) is amended--
       (1) by striking ``or'' at the end of subparagraph (A);
       (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''.

                        TITLE III--MEDICAL CARE

     SEC. 301. SEXUAL TRAUMA COUNSELING PROGRAM.

       (a) Permanent Authority for Program.--Section 1720D(a) is 
     amended--
       (1) in paragraph (1), by striking ``During the period 
     through December 31, 2004, the'' and inserting ``The''; and
       (2) in paragraph (2), by striking ``, during the period 
     through December 31, 2004,''.
       (b) Extension To Cover Active Duty for Training.--Such 
     section is further amended by inserting ``or active duty for 
     training'' in paragraph (1) before the period at the end.

     SEC. 302. CENTERS FOR RESEARCH, EDUCATION, AND CLINICAL 
                   ACTIVITIES ON COMPLEX MULTI-TRAUMA ASSOCIATED 
                   WITH COMBAT INJURIES.

       (a) In General.--(1) Subchapter II of chapter 73 of title 
     38, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7327. Centers for research, education, and clinical 
       activities on complex multi-trauma associated with combat 
       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 complex multi-trauma associated with 
     combat injuries through--
       ``(1) the development of improved models and systems for 
     the furnishing by the Department of health care, 
     rehabilitation, and education services to veterans;
       ``(2) the conduct of research to support the provision of 
     such services in accordance with the most current evidence on 
     multi-trauma injuries; and
       ``(3) the education and training of health care personnel 
     of the Department with respect to the provision of such 
     services.
       ``(b) Designation of Centers.--(1) The Secretary shall 
     designate an appropriate number of cooperative centers for 
     clinical care, consultation, research, and education 
     activities on combat injuries.
       ``(2) Each center designated under paragraph (1) shall 
     function as a center for--
       ``(A) research on the long-term effects of injuries 
     sustained as a result of combat in order to support the 
     provision of services for such injuries in accordance with 
     the most current evidence on complex multi-trauma;
       ``(B) the development of rehabilitation methodologies for 
     treating individuals with complex multi-trauma; and
       ``(C) the continuous and consistent coordination of care 
     from the point of referral throughout the rehabilitation 
     process and ongoing follow-up after return to home and 
     community.
       ``(3) The Secretary shall designate one of the centers 
     designated under paragraph (1) as the lead center for 
     activities referred to in that paragraph. As the lead center 
     for such activities, such center shall--
       ``(A) develop and provide periodic review of research 
     priorities, and implement protocols, to ensure that projects 
     contribute to the activities of the centers designated under 
     paragraph (1);
       ``(B) oversee the coordination of the professional and 
     technical activities of such centers to ensure the quality 
     and validity of the methodologies and statistical services 
     for research project leaders;
       ``(C) develop and ensure the deployment of an efficient and 
     cost-effective data management system for such centers;
       ``(D) develop and distribute educational materials and 
     products to enhance the evaluation and care of individuals 
     with combat injuries by medical care providers of the 
     Department who are not specialized in the assessment and care 
     of complex multi-trauma;
       ``(E) develop educational materials for individuals 
     suffering from combat injuries and for their families; and
       ``(F) serve as a resource for the clinical and research 
     infrastructure of such centers by disseminating clinical 
     outcomes and research findings to improve clinical practice.
       ``(4) The Secretary shall designate centers under paragraph 
     (1) upon the recommendation of the Under Secretary for 
     Health.
       ``(5) The Secretary may designate a center under paragraph 
     (1) only if the center meets the requirements of subsection 
     (c).
       ``(c) Requirements for Centers.--To be designated as a 
     center under this section, a facility shall--
       ``(1) be a regional lead center for the care of traumatic 
     brain injury;
       ``(2) be located at a tertiary care medical center and have 
     on-site availability of primary and subspecialty medical 
     services relating to complex multi-trauma;
       ``(3) have, or have the capacity to develop, the capability 
     of managing impairments associated with combat injuries;
       ``(4) be affiliated with a school of medicine;
       ``(5) have, or have experience with, participation in 
     clinical research trials;
       ``(6) provide amputation care and rehabilitation;
       ``(7) have pain management programs;
       ``(8) provide comprehensive brain injury rehabilitation; 
     and
       ``(9) provide comprehensive general rehabilitation.
       ``(d) Additional Resources.--The Secretary shall provide 
     each center designated under this section such resources as 
     the Secretary determines to be required by such center to 
     achieve adequate capability of managing individuals with 
     complex multi-trauma, including--
       ``(1) the upgrading of blind rehabilitation services by 
     employing or securing the services of blind rehabilitation 
     specialists;
       ``(2) employing or securing the services of occupational 
     therapists with blind rehabilitation training;
       ``(3) employing or securing the services of additional 
     mental health services providers; and
       ``(4) employing or securing additional rehabilitation 
     nursing staff to meet care needs.
       ``(e) Cooperation With Department of Defense.--(1) The 
     Secretary of Veterans Affairs may assist the Secretary of 
     Defense in the care of members of the Armed Forces with 
     complex multi-trauma at military treatment facilities by--
       ``(A) making available, in a manner that the Secretary of 
     Veterans Affairs considers appropriate, certified 
     rehabilitation registered nurses of the Department of 
     Veterans Affairs to such facilities to assess and coordinate 
     the care of such members; and
       ``(B) making available, in a manner that the Secretary of 
     Veterans Affairs considers appropriate, blind rehabilitation 
     specialists of the Department of Veterans Affairs to such 
     facilities to consult with the medical staff of such 
     facilities on the special needs of such members who have 
     visual impairment as a consequence of combat injury.
       ``(2) Assistance shall be provided under this subsection 
     through agreements for the sharing of health-care resources 
     under section 8111 of this title.
       ``(f) Award of Funding.--Centers designated under this 
     section may compete for the award of funding from amounts 
     appropriated for the Department for medical and prosthetics 
     research.
       ``(g) Dissemination of Information.--(1) The Under 
     Secretary for Health shall ensure that information produced 
     by the centers designated 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.
       ``(h) National Oversight.--The Under Secretary for Health 
     shall designate an appropriate officer to oversee the 
     operation of the centers designated under this section and 
     provide for periodic evaluation of the centers.
       ``(i) Authorization of Appropriations.--(1) There are 
     authorized to be appropriated to the Department of Veterans 
     Affairs for the centers designated under this section amounts 
     as follows:
       ``(A) $7,000,000 for fiscal year 2005.
       ``(B) $8,000,000 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 may allocate to each center designated under this 
     section, from other funds authorized to be appropriated for 
     such fiscal year for the Department generally for medical and 
     for medical and prosthetic research, such amounts as the 
     Under Secretary for Health determines appropriate to carry 
     out the purposes 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 
              complex multi-trauma associated with combat injuries.''.


[[Page S10994]]


       (b) Designation of Centers.--The Secretary of Veterans 
     Affairs shall designate the centers for research, education, 
     and clinical activities on complex multi-trauma associated 
     with combat injuries required by section 7327 of title 38, 
     United States Code (as added by subsection (a)), not later 
     than 120 days after the date of the enactment of this Act.
       (c) Annual Reports.--(1) Not later than eighteen months 
     after the date of the designation of centers for research, 
     education, and clinical activities on complex multi-trauma 
     associated with combat injuries required by section 7327 of 
     title 38, United States Code (as so added), and annually 
     thereafter through 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 of such 
     centers during the one-year period beginning on the date of 
     such designation, for the first such report, and for 
     successive one-year periods, for subsequent reports.
       (2) Each such report shall include, for the period covered 
     by such report, the following:
       (A) A description of the activities carried out at each 
     center, and the funding provided for such activities.
       (B) A description of any advances made in the participating 
     programs of each center in research, education, training, and 
     clinical activities on complex multi-trauma associated with 
     combat 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 throughout the Veterans 
     Health Administration information derived from such 
     activities.

     SEC. 303. ENHANCEMENT OF MEDICAL PREPAREDNESS OF DEPARTMENT 
                   OF VETERANS AFFAIRS.

       (a) Peer Review Panel.--In order to assist the Secretary of 
     Veterans Affairs in selecting facilities of the Department of 
     Veterans Affairs to serve as sites for centers under section 
     7328 of title 38, United States Code, as added by subsection 
     (c), the Secretary shall establish a peer review panel to 
     assess the scientific and clinical merit of proposals that 
     are submitted to the Secretary for the selection of such 
     facilities. The panel shall be established not later than 90 
     days after the date of the enactment of this Act and shall 
     include experts in the fields of toxicological research, 
     infectious diseases, radiology, clinical care of veterans 
     exposed to such hazards, and other persons as determined 
     appropriate by the Secretary. Members of the panel shall 
     serve as consultants to the Department of Veterans Affairs. 
     Amounts available to the Secretary for Medical Care may be 
     used for purposes of carrying out this subsection. The panel 
     shall not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.).
       (b) Proposals.--The Secretary shall solicit proposals for 
     designation of facilities as described in subsection (a). The 
     announcement of the solicitation of such proposals shall be 
     issued not later than 60 days after the date of the enactment 
     of this Act, and the deadline for the submission of proposals 
     in response to such solicitation shall be not later than 90 
     days after the date of such announcement. The peer review 
     panel established under subsection (a) shall complete its 
     review of the proposals and submit its recommendations to the 
     Secretary not later than 60 days after the date of the 
     deadline for the submission of proposals. The Secretary shall 
     then select the four sites for the location of such centers 
     not later than 45 days after the date on which the peer 
     review panel submits its recommendations to the Secretary.
       (c) Revised Section.--(1) Subchapter II of chapter 73 is 
     amended by inserting after section 7327, as added by section 
     302(a)(1) of this Act, a new section with--
       (A) a heading as follows:

     ``Sec. 7328. Medical preparedness centers''; and

       (B) a text consisting of the text of subsections (a) 
     through (h) of section 7325 of title 38, United States Code, 
     and a subsection (i) at the end as follows:
       ``(i) Funding.--(1) There are authorized to be appropriated 
     for the centers under this section $10,000,000 for each of 
     fiscal years 2005 through 2007.
       ``(2) In addition to any amounts appropriated for a fiscal 
     year specifically for the activities of the centers pursuant 
     to paragraph (1), the Under Secretary for Health shall 
     allocate to the centers from other funds appropriated for 
     that fiscal year generally for the Department medical care 
     account and the Department medical and prosthetic research 
     account such amounts as the Under Secretary determines 
     necessary in order to carry out the purposes of this 
     section.''.
       (2) The table of sections at the beginning of chapter 73 is 
     amended by inserting after the item relating to section 7327, 
     as added by section 302(a)(2) of this Act, the following new 
     item:

``7328. Medical preparedness centers.''.

       TITLE IV--MEDICAL FACILITIES MANAGEMENT AND ADMINISTRATION

               Subtitle A--Major Medical Facility Leases

     SEC. 401. MAJOR MEDICAL FACILITY LEASES.

       The Secretary of Veterans Affairs may enter into contracts 
     for major medical facility leases at the following locations, 
     in an amount for each facility lease not to exceed the amount 
     shown for that location:
       (1) Wilmington, North Carolina, Outpatient Clinic, 
     $1,320,000.
       (2) Greenville, North Carolina, Outpatient Clinic, 
     $1,220,000.
       (3) Norfolk, Virginia, Outpatient Clinic, $1,250,000.
       (4) Summerfield, Florida, Marion County Outpatient Clinic, 
     $1,230,000.
       (5) Knoxville, Tennessee, Outpatient Clinic, $850,000.
       (6) Toledo, Ohio, Outpatient Clinic, $1,200,000.
       (7) Crown Point, Indiana, Outpatient Clinic, $850,000.
       (8) Fort Worth, Texas, Tarrant County Outpatient Clinic, 
     $3,900,000.
       (9) Plano, Texas, Collin County Outpatient Clinic, 
     $3,300,000.
       (10) San Antonio, Texas, Northeast Central Bexar County 
     Outpatient Clinic, $1,400,000.
       (11) Corpus Christi, Texas, Outpatient Clinic, $1,200,000.
       (12) Harlingen, Texas, Outpatient Clinic, $650,000.
       (13) Denver, Colorado, Health Administration Center, 
     $1,950,000.
       (14) Oakland, California, Outpatient Clinic, $1,700,000.
       (15) San Diego, California, North County Outpatient Clinic, 
     $1,300,000.
       (16) San Diego, California, South County Outpatient Clinic, 
     $1,100,000.

     SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary of 
     Veterans Affairs for fiscal year 2005 for the Medical Care 
     account, $24,420,000 for the leases authorized in section 
     401.

     SEC. 403. AUTHORITY FOR LONG-TERM LEASE OF CERTAIN LANDS OF 
                   UNIVERSITY OF COLORADO.

       Notwithstanding section 8103 of title 38, United States 
     Code, the Secretary of Veterans Affairs may enter into a 
     lease for real property located at the Fitzsimmons Campus of 
     the University of Colorado for purposes of a medical facility 
     (as that term is defined in section 8101 of title 38, United 
     States Code) for a period of up to 75 years.

                   Subtitle B--Facilities Management

     SEC. 411. DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET FUND.

       (a) Establishment of Fund.--(1) Subchapter I of chapter 81 
     is amended by adding at the end the following new section:

     ``Sec. 8118. Authority for transfer of real property; 
       Department of Veterans Affairs Capital Asset Fund

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

[[Page S10995]]

       ``(c) The Secretary shall include in the budget 
     justification materials submitted to Congress for any fiscal 
     year in support of the President's budget for that fiscal 
     year for the Department specification of the following:
       ``(1) The real property transfers to be undertaken in 
     accordance with this section during that fiscal year.
       ``(2) All transfers completed under this section during the 
     preceding fiscal year and completed and scheduled to be 
     completed during the fiscal year during which the budget is 
     submitted.
       ``(3) The deposits into, and expenditures from, the Fund 
     that are incurred or projected for each of the preceding 
     fiscal year, the current fiscal year, and the fiscal year 
     covered by the budget.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     8117 the following new item:

``8118. Authority for transfer of real property; Department of Veterans 
              Affairs Capital Asset Fund.''.

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

     SEC. 412. ANNUAL REPORT TO CONGRESS ON INVENTORY OF 
                   DEPARTMENT OF VETERANS AFFAIRS HISTORIC 
                   PROPERTIES.

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

     SEC. 413. AUTHORITY TO ACQUIRE AND TRANSFER REAL PROPERTY FOR 
                   USE FOR HOMELESS VETERANS.

       (a) Authority.--Upon identification of a parcel of real 
     property meeting the description in subsection (b), the 
     Secretary of Veterans Affairs may acquire that property (with 
     the structures and improvements thereon) or, in the case of 
     property owned by the United States and administered by 
     another Federal department or agency, may accept 
     administrative jurisdiction over that property, with the 
     expectation of promptly transferring that property to a 
     homeless assistance provider identified under paragraph (2) 
     of subsection (b), subject to the condition that the primary 
     purpose for which the property shall be used is to provide 
     housing for homeless veterans.
       (b) Specified Property.--A parcel of real property referred 
     to in subsection (a) is a parcel in the District of 
     Columbia--
       (1) that the Secretary determines to be suitable for use 
     for housing for homeless veterans; and
       (2) for which there is an identified homeless assistance 
     provider that is prepared to acquire the property for such 
     purpose from the Secretary promptly upon the acquisition of 
     the property by the Secretary.
       (c) Transfer of Property.--Upon acquiring real property 
     under subsection (a), the Secretary shall immediately 
     transfer all right, title, and interest of the United States 
     (other than the reversionary interest retained under 
     subsection (e)) to the homeless assistance provider 
     identified under subsection (b)(2). Such transfer shall be 
     for such consideration as the Secretary determines 
     appropriate.
       (d) Terms and Conditions.--The acquisition and transfer of 
     real property under this section shall be made upon such 
     terms and conditions as the Secretary may specify not 
     inconsistent with other applicable provisions of law.
       (e) Reverter.--The terms of the transfer shall provide that 
     if the property is no longer used for the purpose for which 
     conveyed by the Secretary, title to the property shall revert 
     to the United States.

     SEC. 414. LIMITATION ON IMPLEMENTATION OF MISSION CHANGES FOR 
                   SPECIFIED VETERANS HEALTH ADMINISTRATION 
                   FACILITIES.

       (a) Limitation.--The Secretary of Veterans Affairs may not 
     implement a mission change for a medical facility of the 
     Department of Veterans Affairs specified in subsection (c) 
     until--
       (1) the Secretary submits to the Committees on Veterans' 
     Affairs of the Senate and House of Representatives a written 
     notice of the mission change; and
       (2) the period prescribed by subsection (b) has elapsed.
       (b) Congressional Review Period.--(1) The period referred 
     to in subsection (a)(2) is the period beginning on the date 
     of the receipt of the notice under subsection (a)(1) by the 
     committees specified in that subsection and ending on the 
     later of--
       (A) the end of the 60-day period beginning on the date on 
     which the notice is received by those committees; or
       (B) the end of a period of 30 days of continuous session of 
     Congress beginning on the date on which the notification is 
     received by those committees or, if either House of Congress 
     is not in session on such date, the first day after such date 
     that both Houses of Congress are in session.
       (2) For the purposes of paragraph (1)(B)--
       (A) the continuity of a session of Congress is broken only 
     by an adjournment of Congress sine die; and
       (B) any day on which either House is not in session because 
     of an adjournment of more than three days to a day certain is 
     excluded in the computation of any period of time in which 
     Congress is in continuous session.
       (c) Specified Facilities.--A facility referred to in 
     subsection (a) as being specified in this subsection is any 
     of the following facilities of the Department of Veterans 
     Affairs:
       (1) The Department of Veterans Affairs medical centers in 
     Boston, Massachusetts.
       (2) The Department of Veterans Affairs medical centers in 
     New York City, New York.
       (3) The Department of Veterans Affairs medical center in 
     Big Spring, Texas.
       (4) The Carl Vinson Department of Veterans Affairs Medical 
     Center, Dublin, Georgia.
       (5) The Department of Veterans Affairs medical center in 
     Montgomery, Alabama.
       (6) The Department of Veterans Affairs medical center in 
     Louisville, Kentucky.
       (7) The Department of Veterans Affairs medical center in 
     Muskogee Oklahoma, and the outpatient clinic in Tulsa, 
     Oklahoma.
       (8) The John J. Pershing Department of Veterans Affairs 
     Medical Center, Poplar Bluff, Missouri.
       (9) The Department of Veterans Affairs medical center in 
     Ft. Wayne, Indiana.
       (10) The Department of Veterans Affairs Medical Center in 
     Waco, Texas.
       (11) The Jonathan M. Wainwright Department of Veterans 
     Affairs Medical Center, Walla Walla, Washington.
       (d) Covered Mission Changes.--For purposes of this section, 
     a mission change for a medical facility shall consist of any 
     of the following:
       (1) Closure of the facility.
       (2) Consolidation of the facility.

[[Page S10996]]

       (3) An administrative reorganization of the facility 
     covered by section 510(b) of title 38, United States Code.
       (e) Required Content of Notice of Mission Change.--Written 
     notice of a mission change for a medical facility under 
     subsection (a) shall include the following:
       (1) An assessment of the effect of the mission change on 
     the population of veterans served by the facility.
       (2) 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.
       (3) An assessment of the effect of the mission change on 
     the economy of the community in which the facility is 
     located.
       (4) An analysis of any alternatives to the mission change 
     proposed by--
       (A) the community in which the facility is located;
       (B) organizations recognized by the Secretary under section 
     5902 of title 38, United States Code;
       (C) organizations that represent Department employees in 
     such community; or
       (D) the Department.
       (f) Medical Facility Consolidation.--For the purposes of 
     subsection (d)(2), the term ``consolidation'' means an action 
     that closes one or more medical facilities within a 
     geographic service area for the purpose of relocating those 
     activities to another medical facility or facilities.
       (g) Coordination of Provisions.--In the case of a mission 
     change covered by subsection (a) that is also an 
     administrative reorganization covered by section 510(b) of 
     title 38, United States Code, both this section and such 
     section 510(b) shall apply with respect to the implementation 
     of that mission change.

     SEC. 415. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR 
                   RELOCATE SURFACE PARKING INCIDENTAL TO A 
                   CONSTRUCTION OR NONRECURRING MAINTENANCE 
                   PROJECT.

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

     SEC. 416. INAPPLICABILITY OF LIMITATION ON USE OF ADVANCE 
                   PLANNING FUNDS TO AUTHORIZED MAJOR MEDICAL 
                   FACILITY PROJECTS.

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

     SEC. 417. IMPROVEMENTS TO ENHANCED-USE LEASE AUTHORITY.

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

     SEC. 418. FIRST OPTION FOR COMMONWEALTH OF KENTUCKY ON 
                   DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, 
                   LOUISVILLE, KENTUCKY.

       (a) Requirement.--Upon determining to convey, lease, or 
     otherwise dispose of the Department of Veterans Affairs 
     Medical Center, Louisville, 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 determination referred to in 
     that subsection.
       (c) Scope of Negotiations.--The negotiations under 
     subsection (a) shall address the use of the medical center 
     referred to in subsection (a), or portion thereof, by the 
     Commonwealth of Kentucky for the primary purpose of the 
     provision of services for veterans and related activities, 
     including use for a State veterans' home.

     SEC. 419. TRANSFER OF JURISDICTION, GENERAL SERVICES 
                   ADMINISTRATION PROPERTY, BOISE, IDAHO.

       (a) Transfer.--The Administrator of General Services shall 
     transfer to the Secretary of Veterans Affairs, under such 
     terms and conditions as the Administrator and the Secretary 
     agree, jurisdiction, custody, and control over 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. 421. THOMAS E. CREEK DEPARTMENT OF VETERANS AFFAIRS 
                   MEDICAL CENTER.

       (a) In General.--The Department of Veterans Affairs medical 
     center in Amarillo, Texas, shall after the date of the 
     enactment of this Act be known and designated as the ``Thomas 
     E. Creek Department of Veterans Affairs Medical Center''.
       (b) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     medical center referred to in subsection (a) shall be 
     considered to be a reference to the Thomas E. Creek 
     Department of Veterans Affairs Medical Center.

     SEC. 422. JAMES J. PETERS DEPARTMENT OF VETERANS AFFAIRS 
                   MEDICAL CENTER.

       (a) In General.--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''.
       (b) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     medical center referred to in subsection (a) shall be 
     considered to be a reference to the James J. Peters 
     Department of Veterans Affairs Medical Center.

     SEC. 423. BOB MICHEL DEPARTMENT OF VETERANS AFFAIRS 
                   OUTPATIENT CLINIC.

       (a) In General.--The Department of Veterans Affairs 
     outpatient clinic located in Peoria, Illinois, shall after 
     the date of the enactment of this Act be known and designated 
     as the ``Bob Michel Department of Veterans Affairs Outpatient 
     Clinic''.
       (b) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     outpatient clinic referred to in subsection (a) shall be 
     considered to be a reference to the Bob Michel Department of 
     Veterans Affairs Outpatient Clinic.

     SEC. 424. CHARLES WILSON DEPARTMENT OF VETERANS AFFAIRS 
                   OUTPATIENT CLINIC.

       (a) In General.--The Department of Veterans Affairs 
     outpatient clinic located in Lufkin, Texas, shall after the 
     date of the enactment of this Act be known and designated as 
     the ``Charles Wilson Department of Veterans Affairs 
     Outpatient Clinic''.
       (b) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     outpatient clinic referred to in subsection (a) shall be 
     considered to be a reference to the Charles Wilson Department 
     of Veterans Affairs Outpatient Clinic.

     SEC. 425. THOMAS P. NOONAN, JR. DEPARTMENT OF VETERANS 
                   AFFAIRS OUTPATIENT CLINIC.

       (a) In General.--The Department of Veterans Affairs 
     outpatient clinic in Sunnyside, Queens, New York, shall after 
     the date of the enactment of this Act be known and designated 
     as the ``Thomas P. Noonan, Jr. Department of Veterans Affairs 
     Outpatient Clinic''.
       (b) References.--Any reference in any law, map, regulation, 
     document, paper, or other record of the United States to the 
     outpatient clinic referred to in subsection (a) shall be 
     considered to be a reference to the Thomas P. Noonan, Jr. 
     Department of Veterans Affairs Outpatient Clinic.

                   TITLE V--PERSONNEL ADMINISTRATION

     SEC. 501. PILOT PROGRAM TO STUDY INNOVATIVE RECRUITMENT TOOLS 
                   TO ADDRESS NURSING SHORTAGES AT DEPARTMENT OF 
                   VETERANS AFFAIRS HEALTH CARE FACILITIES.

       (a) Pilot Program.--(1) Not later than 90 days after the 
     date of the enactment of this Act, the Secretary of Veterans 
     Affairs shall designate a health care service region, or a 
     section within such a region, in which health care facilities 
     of the Department of Veterans Affairs are adversely affected 
     by a shortage of qualified nurses.
       (2) The Secretary shall conduct a pilot program in the 
     region or section designated under paragraph (1) to determine 
     the effectiveness of the use of innovative human capital 
     tools and techniques in the recruitment of qualified nurses 
     for positions at Department health care facilities in such 
     region or section and for the retention of nurses at such 
     facilities. In carrying out the pilot program, the Secretary 
     shall enter into a contract with a private sector entity for 
     services under the pilot program for recruitment of qualified 
     nurses.
       (b) Private Sector Recruitment Practices.--For purposes of 
     the pilot program under this section, the Secretary shall 
     identify and use recruitment practices that have proven 
     effective for placing qualified individuals in positions that 
     are difficult to fill due to shortages of qualified 
     individuals or other factors. Recruitment practices to be 
     reviewed by the Secretary for use in the pilot program shall 
     include--
       (1) employer branding and interactive advertising 
     strategies;
       (2) Internet technologies and automated staffing systems; 
     and
       (3) the use of recruitment, advertising, and communication 
     agencies.
       (c) Streamlined Hiring Process.--In carrying out the pilot 
     program under this section, the Secretary shall, at health 
     care facilities of the Department in the region or section in 
     which the pilot program is conducted, revise procedures and 
     systems for selecting and hiring qualified nurses to reduce 
     the length of the hiring process. If the Secretary identifies 
     measures to streamline and automate the hiring process that 
     can only be implemented if authorized by law, the Secretary 
     shall submit to the Committees on Veterans' Affairs of the 
     Senate and House of Representatives recommendations for such 
     changes in law as may be necessary to enable such measures to 
     be implemented.
       (d) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Veterans' Affairs of the Senate and House of 
     Representatives a report on the extent to which the pilot 
     program achieved the goal of improving the recruitment and 
     retention of nurses in Department of Veterans Affairs health 
     care facilities.

[[Page S10997]]

     SEC. 502. TECHNICAL CORRECTION TO LISTING OF CERTAIN HYBRID 
                   POSITIONS IN VETERANS HEALTH ADMINISTRATION.

       Section 7401(3) is amended--
       (1) by striking ``and dental technologists'' and inserting 
     ``technologists, dental hygienists, dental assistants''; and
       (2) by striking ``technicians, therapeutic radiologic 
     technicians, and social workers'' and inserting 
     ``technologists, therapeutic radiologic technologists, social 
     workers, blind rehabilitation specialists, and blind 
     rehabilitation outpatient specialists''.

     SEC. 503. UNDER SECRETARY FOR HEALTH.

       Section 305(a)(2) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``shall be a doctor of medicine and''; and
       (2) in subparagraph (A), by striking ``and in health-care'' 
     and inserting ``or in health-care''.

                        TITLE VI--OTHER MATTERS

     SEC. 601. EXTENSION AND CODIFICATION OF AUTHORITY FOR 
                   RECOVERY AUDITS.

       Section 1703 is amended by adding at the end the following 
     new subsection:
       ``(d)(1) The Secretary shall conduct a program of recovery 
     audits for fee basis contracts and other medical services 
     contracts for the care of veterans under this section, and 
     for beneficiaries under sections 1781, 1782, and 1783 of this 
     title, with respect to overpayments resulting from processing 
     or billing errors or fraudulent charges in payments for non-
     Department care and services. The program shall be conducted 
     by contract.
       ``(2) Amounts collected, by setoff or otherwise, as the 
     result of an audit under the program conducted under this 
     subsection shall be available for the purposes for which 
     funds are currently available to the Secretary for medical 
     care and for payment to a contractor of a percentage of the 
     amount collected as a result of an audit carried out by the 
     contractor.
       ``(3) The Secretary shall allocate all amounts collected 
     under this subsection with respect to a designated geographic 
     service area of the Veterans Health Administration, net of 
     payments to the contractor, to that region.
       ``(4) The authority of the Secretary under this subsection 
     terminates on September 30, 2008.''.

     SEC. 602. INVENTORY OF MEDICAL WASTE MANAGEMENT ACTIVITIES AT 
                   DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE 
                   FACILITIES.

       (a) Inventory.--The Secretary of Veterans Affairs shall 
     establish and maintain a national inventory of medical waste 
     management activities in the health care facilities of the 
     Department of Veterans Affairs. The inventory shall include 
     the following:
       (1) A statement of the current national policy of the 
     Department on managing and disposing of medical waste, 
     including regulated medical waste in all its forms.
       (2) A description of the program of each geographic service 
     area of the Department to manage and dispose of medical 
     waste, including general medical waste and regulated medical 
     waste, with a description of the primary methods used in 
     those programs and the associated costs of those programs, 
     with cost information shown separately for in-house costs 
     (including full-time equivalent employees) and contract 
     costs.
       (b) Report.--Not later than June 30, 2005, the Secretary of 
     Veterans Affairs shall submit to the Committees on Veterans' 
     Affairs of the Senate and House of Representatives a report 
     on medical waste management activities in the facilities of 
     the Department of Veterans Affairs. The report shall include 
     the following:
       (1) The inventory established under subsection (a), 
     including all the matters specified in that subsection.
       (2) A listing of each violation of medical waste management 
     and disposal regulations reported at any health care facility 
     of the Department over the preceding five years by any 
     Federal or State agency, along with an explanation of any 
     remedial or other action taken by the Secretary in response 
     to each such reported violation.
       (3) A description of any plans to modernize, consolidate, 
     or otherwise improve the management of medical waste and 
     disposal programs at health care facilities of the 
     Department, including the projected costs associated with 
     such plans and any barriers to achieving goals associated 
     with such plans.
       (4) An assessment or evaluation of the available methods of 
     disposing of medical waste and identification of which of 
     those methods are more desirable from an environmental 
     perspective in that they would be least likely to result in 
     contamination of air or water or otherwise cause future 
     cleanup problems.

     SEC. 603. INCLUSION OF ALL ENROLLED VETERANS AMONG PERSONS 
                   ELIGIBLE TO USE CANTEENS OPERATED BY VETERANS' 
                   CANTEEN SERVICE.

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

     SEC. 604. ANNUAL REPORTS ON WAITING TIMES FOR APPOINTMENTS 
                   FOR SPECIALTY CARE.

       (a) Annual Reports.--Not later than January 31 each year 
     through 2007, the Secretary of Veterans Affairs shall submit 
     to the Committees on Veterans' Affairs of the Senate and the 
     House of Representatives a report on waiting times for 
     appointments for specialty health care from the Department of 
     Veterans Affairs under chapter 17 of title 38, United States 
     Code, 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 number of veterans whose 
     appointment for specialty health care furnished by the 
     Department was more than three months after the date of the 
     scheduling of such appointment, and the waiting times of such 
     veterans for such appointments, for each category of 
     specialty care furnished by the Department, broken out by 
     Veterans Integrated Service Network.
       (2) An identification of the categories of specialty care 
     furnished by the Department for which there were delays of 
     more than three months between the scheduling date of 
     appointments and appointments in each Veterans Integrated 
     Service Network.
       (3) A discussion of the reasons for the delays identified 
     under paragraph (2) for each category of care for each 
     Veterans Integrated Service Network so identified, including 
     lack of personnel, financial resources, or other resources.
       (c) Certification on Report Information.--The Comptroller 
     General of the United States shall certify to the committees 
     of Congress referred to in subsection (a) whether or not each 
     report under this section is accurate.

     SEC. 605. TECHNICAL CLARIFICATION.

       Section 8111(d)(2) is amended by inserting before the 
     period at the end of the last sentence the following: ``and 
     shall be available for any purpose authorized by this 
     section''.
                                 ______
                                 
  SA 4049. Mr. FRIST (for Mr. Specter) proposed an amendment to the 
bill H.R. 3936, to amend title 38, United States Code, to increase the 
authorization of appropriations for grants to benefit homeless 
veterans, to improve programs for management and administration of 
veterans' facilities and health care programs, and for other purposes; 
as follows:

       Amend the title so as to read: ``A bill to amend title 38, 
     United States Code, to increase the authorization of 
     appropriations for grants to benefit homeless veterans, to 
     improve programs for management and administration of 
     veterans' facilities and health care programs, and for other 
     purposes.''.

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