[Congressional Record (Bound Edition), Volume 150 (2004), Part 17]
[Senate]
[Pages 23042-23052]
[From the U.S. Government Publishing Office, www.gpo.gov]




DEPARTMENT OF VETERANS AFFAIRS REAL PROPERTY AND FACILITIES MANAGEMENT 
                        IMPROVEMENT ACT OF 2004

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 718, S. 2485.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Veterans' Affairs with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:
  (Strike the part shown in black brackets and insert part shown in 
italic.)

                                S. 2485

     [SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED 
                   STATES CODE.

       [(a) Short Title.--This Act may be cited as the 
     ``Department of Veterans Affairs Real Property and Facilities 
     Management Improvement Act of 2004''.
       [(b) References to Title 38 United States Code.--Except as 
     otherwise expressly provided, whenever in this Act an 
     amendment or repeal is expressed in terms of an amendment to, 
     or repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 38, United States Code.

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

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

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

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

     [``Sec. 8163. Proposals for property to be leased''.

       [(B) The table of sections at the beginning of chapter 81 
     is amended by striking the item relating to section 8163 and 
     inserting the following new item:

[``8163. Proposals for property to be leased.''.

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

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

       [(a) In General.--(1) Subchapter II of chapter 81 is 
     amended by inserting after section 8122 the following new 
     section:

     [``Sec. 8122A. Disposal of real property

       [``(a) In General.--(1) To the extent provided in advance 
     in appropriations Acts, the Secretary may, in accordance with 
     this section and sections 8122 and 8164 of this title, 
     dispose of real property of the Department, including land 
     and structures and equipment associated with such property, 
     that is under the jurisdiction or control of the Secretary 
     by--
       [``(A) transfer to or exchange with another department or 
     agency of the Federal Government;
       [``(B) conveyance to or exchange with a State or a 
     political subdivision of a State, an Indian tribe, or other 
     public entity; or
       [``(C) conveyance to or exchange with any private person or 
     entity.
       [``(2) The Secretary may exercise the authority in 
     paragraph (1) notwithstanding the following provisions of 
     law:
       [``(A) Sections 521, 522, and 541 through 545 of title 40.
       [``(B) Section 501 of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11411).

[[Page 23043]]

       [``(3) In any transfer, exchange, or conveyance of real 
     property under this subsection, the Secretary shall obtain 
     consideration in an amount equal to the fair market value of 
     the property, as determined by the Secretary.
       [``(b) Treatment of Proceeds.--Proceeds from the transfer, 
     exchange, or conveyance of real property under subsection (a) 
     shall be deposited in the Capital Asset Fund under subsection 
     (c).
       [``(c) Capital Asset Fund.--There is established on the 
     books of the Treasury of the United States a revolving fund 
     known as the Capital Asset Fund (in this section referred to 
     as the `Fund').
       [``(d) Elements of Fund.--The Fund shall consist of the 
     following:
       [``(1) Amounts authorized to be appropriated to the Fund.
       [``(2) Proceeds from the transfer, exchange, or conveyance 
     of real property under subsection (a) that are deposited in 
     the Fund under subsection (b).
       [``(3) Funds to be deposited in the Fund under section 
     8165(a)(3) of this title.
       [``(4) Any other amounts specified for transfer to or 
     deposit in the Fund by law.
       [``(e) Use of Amounts in Fund.--Subject to the provisions 
     of appropriations Acts, amounts in the Fund shall be 
     available for purposes as follows and in the following order 
     of priority:
       [``(1) For costs of the Department in disposing of real 
     property, including costs associated with demolition, 
     environmental clean-up, maintenance and repair, improvements 
     to facilitate disposal, and associated administrative 
     expenses.
       [``(2) For costs of the Department associated with proposed 
     disposals of real property of the Department.
       [``(3) For costs of non-recurring capital projects of the 
     Department.
       [``(f) Reports.--The Secretary shall include with the 
     budget justification documents submitted to Congress each 
     year with the budget of the President for the fiscal year 
     beginning in such year (as submitted pursuant to section 1105 
     of title 31) a report setting forth the following:
       [``(1) A statement of each disposal of real property to be 
     undertaken in such fiscal year that is valued in excess of 
     the major medical facility project threshold specified in 
     section 8104(a)(3)(A) of this title.
       [``(2) A description of each disposal of real property that 
     was completed in the fiscal year ending in the year before 
     such report is submitted.''.
       [(2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     8122 the following new item:

[``8122A. Disposal of real property.''.

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

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

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

     [SEC. 6. TERMINATION OF NURSING HOME REVOLVING FUND.

       [(a) Termination.--(1) Section 8116 is repealed.
       [(2) The table of sections at the beginning of chapter 81 
     is amended by striking the item relating to section 8116.
       [(b) Conforming Amendment.--Section 8165(a)(3), as 
     redesignated by section 3(d)(1)(D) of this Act, is further 
     amended by striking ``nursing home revolving fund'' and 
     inserting ``Capital Asset Fund under section 1822A of this 
     title''.
       [(c) Transfer of Unobligated Balances to Capital Asset 
     Fund.--Any unobligated balances in the nursing home revolving 
     under section 8116 of title 38, United States Code, as of the 
     date of the enactment of this Act shall be deposited in the 
     Capital Asset Fund under section 8122A of title 38, United 
     States Code (as added by section 4(a) of this Act).

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

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

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

       [(a) In General.--Chapter 24 is amended by adding at the 
     end the following new section:

     [``Sec. 2412. Lease of land and buildings

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

[[Page 23044]]

     amended by adding at the end the following new item:

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

             TITLE I--REAL PROPERTY AND FACILITIES MATTERS

        Subtitle A--Real Property and Facilities Administration

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

                   Subtitle B--Transfers of Property

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

                 Subtitle C--Designation of Facilities

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

                       Subtitle D--Other Matters

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

                       TITLE II--BENEFITS MATTERS

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

     SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of title 38, United States Code.

             TITLE I--REAL PROPERTY AND FACILITIES MATTERS

        Subtitle A--Real Property and Facilities Administration

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

       (a) Restatement and Enhancement of General Property 
     Disposal Authorities.--Subchapter II of chapter 81 is amended 
     by inserting after section 8122 the following new section:

     ``Sec. 8122A. Disposal of real property

       ``(a) Authority To Dispose of Real Property.--To the extent 
     provided in advance in appropriations Acts, the Secretary may 
     dispose of real property of the Department, including land 
     and structures and equipment associated with such property, 
     that is under the jurisdiction or control of the Secretary 
     by--
       ``(1) transfer to or exchange with another department or 
     agency of the Federal Government;
       ``(2) conveyance to or exchange with a State or a political 
     subdivision of a State, an Indian tribe, or another public 
     entity; or
       ``(3) conveyance to or exchange with any private person or 
     entity.
       ``(b) Inapplicability of Certain Disposal Requirements.--
     The Secretary may exercise the authority in subsection (a) 
     without regard to the following provisions of law:
       ``(1) Sections 521, 522, and 541 through 545 of title 40.
       ``(2) Section 501 of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11411).
       ``(c) Limitation on Determination of Property To Be 
     Excess.--Real property under the jurisdiction of the 
     Secretary may not be declared excess by the Secretary and 
     disposed of by the General Services Administration or any 
     other entity of the Federal Government unless the Secretary 
     determines that the property is no longer needed by the 
     Department in carrying out its functions and is not suitable 
     for use for the provision of services to homeless veterans by 
     the Department or by another entity under an enhanced-use 
     lease of such property under section 8162 of this title.
       ``(d) Disposal Procedures.--(1) Except as provided in 
     paragraph (3), the Secretary may not during any fiscal year 
     dispose of real property (including land and structures and 
     equipment associated with such property) owned by the United 
     States and administered by the Secretary that has an 
     estimated value in excess of the major medical facility 
     project threshold specified in section 8104(a)(3)(A) of this 
     title unless--
       ``(A) the disposal is described in the budget justification 
     documents submitted to Congress with the budget of the 
     President for the fiscal year beginning in such year (as 
     submitted pursuant to section 1105 of title 31);
       ``(B) the Secretary--
       ``(i) notifies the Administrator of General Services of an 
     intent to dispose of the property;
       ``(ii) publishes in the Federal Register notice of an 
     intent to dispose of the property; and
       ``(iii) notifies the committees of an intent to dispose of 
     the property;
       ``(C) a period of 30 days elapses after notice under 
     subparagraph (B)(i) during which period no other department 
     or agency of the Federal Government expresses an interest in 
     assuming jurisdiction of the property under the condition of 
     paying the Secretary the fair market value of the property, 
     as determined by the Secretary, of the property; and
       ``(D) a period of 60 days elapses after notice under 
     subparagraph (B)(iii).
       ``(2) Except as provided in paragraph (3), the Secretary 
     may dispose of real property (including land and structures 
     and equipment associated with such property) owned by the 
     United States and administered by the Secretary that has an 
     estimated value less than the major medical facility project 
     threshold specified in section 8104(a)(3)(A) of this title 
     if--
       ``(A) the Secretary notifies the committees and the 
     Administrator of General Services of an intent to dispose of 
     the property;
       ``(B) the Secretary publishes a notice of sale in the real 
     estate section of a local newspaper of general circulation 
     serving the market in which the property is located; and
       ``(C) a period of 30 days elapses after notice under 
     subparagraph (A) during which period no other department or 
     agency of the Federal Government expresses an interest in 
     assuming jurisdiction of the property under the condition of 
     paying the Secretary the fair market value of the property, 
     as determined by the Secretary, of the property.
       ``(3)(A) Notwithstanding paragraphs (1) and (2) or any 
     other provision of law relating to the disposition of real 
     property by the United States and subject to subparagraph 
     (B), the Secretary may transfer to a State for use as the 
     site of a State nursing-home or domiciliary facility real 
     property owned by the United States and administered by the 
     Secretary that the Secretary determines to be excess to the 
     needs of the Department.
       ``(B) A transfer of real property may not be made under 
     this paragraph unless--
       ``(i) the Secretary has determined that the State has 
     provided sufficient assurance that it has the resources 
     (including any resources which are reasonably likely to be 
     available to the State under subchapter III of chapter 81 of 
     this title and section 1741 of this title) necessary to 
     construct and operate a State home nursing or domiciliary 
     care facility; and
       ``(ii) the transfer is made subject to the conditions 
     that--
       ``(I) the property be used by the State for a nursing-home 
     or domiciliary care facility in accordance with the 
     conditions and limitations applicable to State home 
     facilities constructed with assistance under subchapter III 
     of chapter 81 of this title; and
       ``(II) if the property is used at any time for any other 
     purpose, all right, title, and interest in and to the 
     property shall revert to the United States.
       ``(C) A transfer of real property may not be made under 
     this paragraph until--
       ``(i) the Secretary submits to the committees, not later 
     than June 1 of the year in which the transfer is proposed to 
     be made (or the year preceding that year), a report providing 
     notice of the proposed transfer; and
       ``(ii) a period of 90 consecutive days elapses after the 
     report is received by the committees.
       ``(D) A transfer under this paragraph shall be made under 
     such additional terms and conditions as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       ``(e) Consideration.--In any transfer, exchange, or 
     conveyance under the authority in this section (other than a 
     transfer described in subsection (d)(3)), the Secretary shall 
     obtain consideration in amount equal to the fair market value 
     of the property, as determined by the Secretary.
       ``(f) Treatment of Proceeds.--Proceeds from the transfer, 
     exchange, or conveyance of real property under this section 
     shall be deposited in the Capital Asset Fund under section 
     8122B of this title.
       ``(g) Reports.--The Secretary shall include with the budget 
     justification documents submitted to Congress each year with 
     the budget of the President for the fiscal year beginning in 
     such year (as submitted pursuant to section 1105 of title 31) 
     a report setting forth the following:

[[Page 23045]]

       ``(1) A statement of each disposal of real property to be 
     undertaken in such fiscal year that is valued in excess of 
     the major medical facility project threshold specified in 
     section 8104(a)(3)(A) of this title.
       ``(2) A description of each disposal of real property that 
     was completed in the fiscal year ending in the year before 
     such report is submitted.''.
       (b) Capital Asset Fund.--Subchapter II of chapter 81, as 
     amended by subsection (a), is further amended by inserting 
     after section 8122A the following new section:

     ``Sec. 8122B. Capital Asset Fund

       ``(a) Capital Asset Fund.--There is established on the 
     books of the Treasury of the United States a revolving fund 
     known as the Capital Asset Fund (in this section referred to 
     as the `Fund').
       ``(b) Elements of Fund.--The Fund shall consist of the 
     following:
       ``(1) Amounts authorized to be appropriated to the Fund.
       ``(2) Proceeds from the transfer, exchange, or conveyance 
     of real property under subsection (a) of section 8122A of 
     this title that are deposited in the Fund under subsection 
     (f) of such section.
       ``(3) Funds to be deposited in the Fund under section 
     8165(a)(3) of this title.
       ``(4) Any other amounts specified for transfer to or 
     deposit in the Fund by law.
       ``(c) Use of Amounts in Fund.--Subject to the provisions of 
     appropriations Acts, amounts in the Fund shall be available 
     for purposes as follows and in the following order of 
     priority:
       ``(1) For costs of the Department in disposing of real 
     property under sections 8122A and 8164 of this title, 
     including costs associated with demolition, environmental 
     clean-up, maintenance and repair, improvements to facilitate 
     disposal, and associated administrative expenses.
       ``(2) For costs of the Department associated with proposed 
     disposals of real property of the Department under such 
     sections.
       ``(3) For costs of non-recurring capital projects of the 
     Department.''.
       (c) Repeal of Superseded Authorities.--(1) Section 8122 is 
     amended--
       (A) in subsection (a)--
       (i) by striking ``(1)''; and
       (ii) by striking paragraphs (2) and (3); and
       (B) by striking subsection (d).
       (2) The heading of such section is amended by striking 
     ``and dispose of''.
       (d) Conforming Amendment.--Section 8164(a) is amended by 
     striking ``section 8122'' and inserting ``section 8122A''.
       (e) Clerical Amendments.--The table of sections at the 
     beginning of chapter 81 is amended--
       (1) in the item relating to section 8122, by striking ``and 
     dispose of''; and
       (2) by inserting after the item relating to section 8122 
     the following new items:

``8122A. Disposal of real property.
``8122B. Capital Asset Fund.''.

       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Department of Veterans Affairs for 
     fiscal year 2005, $10,000,000 for deposit in the Capital 
     Asset Fund under section 1822B of title 38, United States 
     Code (as added by subsection (b)).

     SEC. 102. IMPROVEMENTS OF ENHANCED-USE LEASE AUTHORITIES.

       (a) Business Plan Criteria.--Section 8162 is amended--
       (1) in subsection (a)(2)(B), by striking ``the Under 
     Secretary for Health for applying the consideration under 
     such a lease to the provision of medical care and services'' 
     and inserting ``one of the Under Secretaries for applying the 
     consideration under such a lease to the programs and 
     activities of the Department''; and
       (2) in subsection (b)(4)(A), by striking ``on the leased 
     property''.
       (b) Inapplicability of Certain Disposal Requirements.--
     Section 8164 is amended--
       (1) by redesignating subsections (b) and (c) as subsection 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The Secretary may dispose of property under this 
     section without regard to the following provisions of law:
       ``(1) Sections 521, 522, and 541 through 545 of title 40.
       ``(2) Section 501 of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11411).''.
       (c) Use of Proceeds.--Section 8165(a) is amended--
       (1) in paragraph (1), by striking ``Funds received'' and 
     inserting ``Except as provided in paragraph (2), funds 
     received'';
       (2) by redesignating paragraph (2) as paragraph (3);
       (3) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2) Funds received by the Department under an enhanced-
     use lease implementing a business plan proposed by the Under 
     Secretary for Benefits or the Under Secretary for Memorial 
     Affairs and remaining after any deduction from such funds 
     under subsection (b) shall be credited to applicable 
     appropriations of the Veterans Benefits Administration or 
     National Cemetery Administration, as the case may be.''; and
       (4) in paragraph (3), as so redesignated, by striking 
     ``nursing home revolving fund'' and inserting ``Capital Asset 
     Fund under section 8122B of this title''.

     SEC. 103. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR 
                   RELOCATE SURFACE PARKING INCIDENTAL TO A 
                   CONSTRUCTION OR NON-RECURRING MAINTENANCE 
                   PROJECT.

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

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

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

     SEC. 105. TERMINATION OF NURSING HOME REVOLVING FUND.

       (a) Termination.--(1) Section 8116 is repealed.
       (2) The table of sections at the beginning of chapter 81 is 
     amended by striking the item relating to section 8116.
       (b) Transfer of Unobligated Balances to Capital Asset 
     Fund.--Any unobligated balances in the nursing home revolving 
     under section 8116 of title 38, United States Code, as of the 
     date of the enactment of this Act shall be deposited in the 
     Capital Asset Fund under section 8122B of title 38, United 
     States Code (as added by section 103(b) of this Act).

     SEC. 106. INAPPLICABILITY OF LIMITATION ON USE OF ADVANCE 
                   PLANNING FUND TO AUTHORIZED MAJOR MEDICAL 
                   FACILITY PROJECTS.

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

     SEC. 107. LEASE OF CERTAIN NATIONAL CEMETERY ADMINISTRATION 
                   PROPERTY.

       (a) In General.--Chapter 24 is amended by adding at the end 
     the following new section:

     ``Sec. 2412. Lease of land and buildings

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

[[Page 23046]]

       ``(D) Any other amounts authorized for deposit in the Fund 
     by law.
       ``(3) Amounts in the Fund shall be available to cover costs 
     incurred by the National Cemetery Administration in the 
     operation and maintenance of property of the Administration.
       ``(4) Amounts in the Fund shall remain available until 
     expended.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

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

                   Subtitle B--Transfers of Property

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

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

                 Subtitle C--Designation of Facilities

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

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

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

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

                       Subtitle D--Other Matters

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

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

                       TITLE II--BENEFITS MATTERS

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

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

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

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

     SEC. 203. TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS PER 
                   DIEM PAYMENTS TO STATE HOMES FOR VETERANS.

       Section 1741 is amended by adding at the end the following 
     new subsection:
       ``(e) Payments to States pursuant to this section shall not 
     be considered a liability of a third party, or otherwise be 
     utilized to offset or reduce any other payment made to assist 
     veterans.''.

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

       (a) Authority To Furnish.--Subchapter VIII of chapter 17 is 
     amended by adding at the end the following new section:

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

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

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

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

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

     ``Sec. 7327. Centers for research, education, and clinical 
       activities on blast injuries

       ``(a) Purpose.--The purpose of this section is to provide 
     for the improvement of the provision of health care services 
     and related rehabilitation and education services to eligible 
     veterans suffering from multiple traumas associated with a 
     blast injury through--
       ``(1) the conduct of research to support the provision of 
     such services in accordance with the most current evidence on 
     blast injuries;
       ``(2) the education and training of health care personnel 
     of the Department; and
       ``(3) the development of improved models and systems for 
     the furnishing of services by the Department for blast 
     injuries.
       ``(b) Establishment.--(1) The Secretary shall establish and 
     operate at least one, but not more than three, centers for 
     research, education, and clinical activities on blast 
     injuries.
       ``(2) Each center shall function as a center for--
       ``(A) research on blast injury to support the provision of 
     services in accordance with the most current evidence on 
     blast injuries, with such research to specifically address 
     injury epidemiology and cost, functional outcomes, blast 
     injury taxonomy and measurement system, and longitudinal 
     outcomes;
       ``(B) the development of a rehabilitation program for blast 
     injuries, including referral protocol, post-acute assessment, 
     and coordination of comprehensive treatment services;
       ``(C) the development of protocols to optimize linkages 
     between the Department and the Department of Defense on 
     matters relating to research, education, and clinical 
     activities on blast injuries;
       ``(D) the creation of innovative models for education and 
     outreach on health-care and related rehabilitation and 
     education services on blast injuries, with such education and 
     outreach to target those who have sustained a blast injury 
     and health care providers and researchers

[[Page 23047]]

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

``7327. Centers for research, education, and clinical activities on 
              blast injuries.''.

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

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

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

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

       (a) Annual Reports.--Subchapter III of chapter 17 is 
     amended by inserting after section 1730 the following new 
     section:

     ``Sec. 1730A. Annual reports on waiting times for 
       appointments for care and services

       ``(a) Annual Reports.--Not later than January 31 each year, 
     the Secretary shall submit to the Committees on Veterans' 
     Affairs of the Senate and the House of Representatives a 
     report on the waiting times of veterans for appointments for 
     care and services from the Department under this chapter 
     during the preceding year.
       ``(b) Report Elements.--Each report under subsection (a) 
     shall specify, for the year covered by the report, the 
     following:
       ``(1) A tabulation of the waiting time of veterans for 
     appointments with the Department for each category of primary 
     or specialty care or services furnished by the Department, 
     broken out by particular Department facility and by Veterans 
     Integrated Service Network.
       ``(2) An identification of the categories of specialty care 
     or services for which there are

[[Page 23048]]

     lengthy delays for appointments at particular Department 
     facilities or throughout particular Veterans Integrated 
     Service Networks, and, for each category so identified, 
     recommendations for the reallocation of personnel, financial, 
     and other resources to address such delays.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 is amended by inserting after the 
     item relating to section 1730 the following new item:

``1730A. Annual reports on waiting times for appointments for care and 
              services.''.

         Amend the title so as to read: ``A bill to amend title 
     38, United States Code, to improve and enhance the 
     authorities of the Secretary of Veterans Affairs relating to 
     the management and disposal of real property and facilities, 
     to improve and extend other benefits for veterans, and for 
     other purposes.''.

  Mr. SPECTER. Mr. President, I have sought recognition to comment on a 
substitute amendment I propose to make to S. 2485, the ``Veterans 
Health Programs Improvements Act of 2004,'' as part of my request that 
the bill, as so amended, be approved by the Senate. The underlying 
bill, S. 2485, was reported by the Senate Committee on Veterans' 
Affairs on July 20, 2004, and is explained in detail in Senate Report 
108-358. My comments at this time are limited to explaining how the 
proposed substitute amendment, which reflects a bipartisan agreement 
between Senate and House Veterans' Affairs Committees on veterans' 
medical benefits-related issues, differs from the provisions of S. 
2485, as reported.
  The House has approved a number of bills--H.R. 1318, H.R. 4231, H.R. 
4248, H.R. 4317, H.R. 4608, H.R. 4768, and H.R. 4836--that overlap with 
provisions drawn from various Senate bills that are contained in S. 
2485, as reported. The language of the substitute amendment, in some 
cases, fine tunes language to harmonize these overlapping provisions 
without significant or substantive modification. Further, the 
substitute amendment adds provisions that are drawn from House-approved 
bills that had not been considered by the Senate. Among those 
provisions are measures which will assist the Department of Veterans 
Affairs--VA--and State veterans homes in procuring needed nursing 
services; provisions which authorize VA major medical facility leases 
and grant programs to assist providers of services to homeless 
veterans; and measures requiring VA reports on historic properties and 
medical waste management activities. Also included are VA facility 
``naming'' provisions which, in addition to a measure already approved 
by the Veterans' Committee, would name VA facilities in Amarillo, TX; 
Peoria, IL; Lufkin, TX; and Sunnyside, Queens, NY. All of these 
additional provisions, and all clarifications and modifications to 
language contained in the reported bill, are outlined in the 
``Explanatory Statement'' which I will append to this statement.
  Each of the additions to S. 2485 that have resulted from negotiations 
with our colleagues in the House are all useful and productive. The 
bill as it would be modified by the managers' amendment, then, merits 
the Senate's approval.
  I yield the floor and ask unanimous consent that the Explanatory 
Statement be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              EXPLANATORY STATEMENT ON S. 2485, AS AMENDED

        S. 2485, as amended, (hereinafter, the ``Compromise 
     Agreement'') reflects a negotiated agreement reached by the 
     House of Representatives and Senate Committees on Veterans' 
     Affairs concerning provisions from a number of bills 
     considered by the House and the Senate during the 108th 
     Congress. Legislative provisions contained in the compromise 
     were derived from: H.R. 1318, H.R. 4231, H.R. 4248, H.R. 
     4317, H.R. 4608, H.R. 4658, H.R. 4768, H.R. 4836, and S. 
     2485, as reported by the Senate Committee on Veterans' 
     Affairs on July 20, 2004 (hereinafter, ``S 2485, as 
     reported'').
       The House and Senate Committees on Veterans' Affairs have 
     prepared the following explanation of the Compromise 
     Agreement. Differences between the provisions of the 
     Compromise Agreement and the related provisions originally 
     contained in House or Senate bills are noted, except for 
     clerical corrections, conforming changes made necessary by 
     the Compromise Agreement, and minor drafting, technical, and 
     clarifying changes.

                TITLE I--ASSISTANCE TO HOMELESS VETERANS


               sec. 101--authorization of appropriations

     Current Law
       Public Law 107-95, the Homeless Veterans Comprehensive 
     Assistance Act of 2001, authorized appropriations of $75 
     million per year for a program to make grants to providers of 
     comprehensive services for homeless veterans. The program 
     expires on September 30, 2005.
     House Bill
       Section 2 of H.R. 4248, as reported on June 9, 2004, would 
     increase the annual authorized appropriation for this program 
     to $100 million and extends the program through September 30, 
     2008.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 101 of the Compromise Agreement increases the 
     authorization level to $99,000,000 and removes the section 
     from the House Bill that would have extended this program 
     through 2008.

               TITLE II--VETERANS LONG-TERM CARE PROGRAMS


   sec. 201--assistance for hiring and retention of nurses at state 
                             veterans homes

     Current Law
       Subchapter V, chapter 17 of title 38, United States Code, 
     authorizes the Department of Veterans Affairs (hereinafter, 
     ``VA'') to make payments to State homes for veterans 
     receiving care in a State home.
     House Bill
       Section 5 of H.R. 4231, as amended, would amend subchapter 
     V, chapter 17 of title 38, United States Code, to add a new 
     section 1744 to authorize the Secretary of Veterans Affairs 
     (hereinafter, ``the Secretary'') to make payments to States 
     for the purpose of assisting State homes in the hiring and 
     retention of registered nurses.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 201 of the Compromise Agreement follows the House 
     language.


sec. 202--treatment of department of veterans affairs per diem payments 
                      to state homes for veterans

     Current Law
       Section 1741 of title 38, United States Code, establishes 
     criteria for VA payments to State homes for veterans 
     receiving care in a State home.
     House Bill
       The House Bill contains no comparable provision.
     Senate Bill
       Section 203 of S. 2485, as reported, would amend section 
     1741 of title 38, United States Code, to add a new subsection 
     (e) to clarify that per diem payments made by VA to State 
     veterans' homes would not be used to offset or reduce other 
     third party payments made to assist veterans.
     Compromise Agreement
       Section 202 of the Compromise Agreement follows the Senate 
     language.


 sec. 203--extension of authority to provide care under long-term care 
                             pilot programs

     Current Law
       Section 102 of Public Law 106-117, The Veterans Millennium 
     Health Care and Benefits Act, directed VA to carry-out three 
     pilot programs over a three-year period to determine the 
     feasibility and practicability of different models for 
     providing long-term care. The authority for the pilot program 
     expires on December 31, 2004.
     House Bill
       Section 107 of H.R. 4768, as amended, would extend VA's 
     authority to provide health care services under the long-term 
     care pilot programs authorized in Public Law 106-117 until 
     December 31, 2005.
     Senate Bill
       Section 206 of S. 2485, as reported, would extend VA's 
     authority to provide health care services under the long-term 
     care pilot programs authorized in Public Law 106-117 until 
     December 31, 2005.
     Compromise Agreement
       Section 203 of the Compromise Agreement follows the 
     language of the House and Senate Bills.


   sec. 204--prohibition on collection of copayments for hospice care

     Current Law
       Section 1710B(c) of title 38, United States Code, requires 
     certain veterans to pay a copayment for extended care 
     services furnished under Section 1710B.
     House Bill
       The House Bills contain no comparable provision.
     Senate Bill
       Section 201 of S. 2485, as reported, would exempt all 
     veterans being furnished hospice care under Section 1710B 
     from copayment obligations that would otherwise apply.
     Compromise Agreement
       Section 204 of the Compromise Agreement follows the Senate 
     language.

[[Page 23049]]



                         TITLE-III MEDICAL CARE


               sec. 301--sexual trauma counseling program

     Current Law
       Public Law 103-452 authorized VA to provide counseling 
     services to servicemembers who were victims of sexual trauma 
     while on active duty in service. This authority expires on 
     December 31, 2004.
     House Bill
       H.R. 4248 would make permanent the program authorized under 
     Public Law 103-452 to provide sexual trauma counseling 
     services to former service-members.
     Senate Bill
       S. 2485, as reported, would make permanent the program 
     authorized under Public Law 103-452, and expand the authority 
     to include the treatment of former Members of the Reserves 
     who were victims of sexual trauma while on active duty for 
     training.
     Compromise Agreement
       Section 301 of the Compromise Agreement makes VA's 
     authority to provide sexual trauma counseling services 
     permanent and extends the authority to include former 
     Reserves and Guard members who were victims of sexual trauma 
     while on active duty for training.


  sec. 302 centers for research, education, and clinical activity on 
          complex multi-trauma associated with combat injuries

     Current Law
       No similar provision exists under current law.
     House Bill
       The House Bills contained no comparable provision.
     Senate Bill
       Section 205 of S. 2485, as reported, would establish at VA, 
     in collaboration with the Department of Defense, at least 
     one, but not more than three, War-Related Blast Injury 
     Centers. These centers would provide comprehensive 
     rehabilitation programs, targeted education and outreach 
     programs, and research initiatives.
     Compromise Agreement
       Section 203 of the Compromise Agreement authorizes centers 
     for research, education, and clinical activities to improve 
     the rehabilitation services available to veterans suffering 
     from complex multi-trauma associated with combat injuries. 
     The Compromise Agreement incorporates successful current VA 
     practices, including cooperation with the Department of 
     Defense, the treatment of traumatic brain injuries, and VA's 
     conception for the future of combat-injury rehabilitation.


      sec. 303--enhancement of medical preparedness of department

     Current Law
       Public Law 107-287, the Department of Veterans Affairs 
     Emergency Preparedness Act of 2002, requires the Secretary to 
     establish four Medical Emergency Preparedness Research 
     Centers. These centers have not been established.
     House Bill
       Section 202 of H.R 4768, as amended, would amend chapter 
     73, of title 38, United States Code to add a new section 
     7327, to direct the Secretary to take a series of specific 
     actions to establish four Medical Emergency Preparedness 
     Research Centers by dates certain.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 303 of the Compromise Agreement follows section 
     202(a) through (c) of the House language, but does not 
     include section 202(d) of the House bill that would have 
     provided a rule of construction.

TITLE IV--MEDICAL FACILITIES MANAGEMENT AND ADMINISTRATION SUBTITLE A--
                     MAJOR MEDICAL FACILITY LEASES


                sec. 401--major medical facility leases

     Current Law
       Section 8104(a)(2) of title 38, United States Code, 
     prohibits VA from obligating or expending more than $600,000 
     per year for a lease unless that lease has been specifically 
     authorized by law.
     House Bill
       Section 101 of H.R. 4768 would authorize major medical 
     facility leases in the following locations and amounts: (1) 
     Greenville, North Carolina, Outpatient Clinic, $1,220,000; 
     (2) Wilmington, North Carolina, Outpatient Clinic, 
     $1,320,000; (3) Oakland, California, Outpatient Clinic, 
     $1,700,000; (4) Toledo, Ohio, Outpatient Clinic, $1,200,000; 
     (5) Crown Point, Indiana, Outpatient Clinic, $850,000; and 
     (6) Denver, Colorado, Health Administration Center, 
     $1,950,000; (7) Norfolk, Virginia, Outpatient Clinic, 
     $1,250,000; (8) Summerfield, Florida, Marion County 
     Outpatient Clinic, $1,230,000; (9) Knoxville, Tennessee, 
     Outpatient Clinic, $850,000; (10) Fort Worth, Texas, Tarrant 
     County Outpatient Clinic, $3,900,000; (11) Plano, Texas, 
     Collin County Outpatient Clinic, $3,300,000; (12) San 
     Antonio, Texas, Northeast Central Bexar County Outpatient 
     Clinic, $1,400,000; (13) Corpus Christi, Texas, Outpatient 
     Clinic, $1,200,000; (14) Harlingen, Texas, Outpatient Clinic, 
     $650,000; (15) San Diego, California, North County Outpatient 
     Clinic, $1,300,000; and (16) San Diego, California, South 
     County Outpatient Clinic, $1,100,000.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 401 of the Compromise Agreement follows the House 
     language.


               SEC. 402--AUTHORIZATION OF APPROPRIATIONS

     Current Law
       Section 8104(a)(2) of title 38, United States Code, 
     prohibits VA from obligating or expending more than $600,000 
     per year for a lease unless that lease has been specifically 
     authorized by law.
     House Bill
       Section 101 of H.R. 4768 authorized $24,420,000 to carry 
     out major medical facility leases.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 402 of the Compromise Agreement follows the House 
     language.


      SEC. 403--AUTHORITY FOR LONG-TERM LEASE IN DENVER, COLORADO

     Current Law
       Section 8104(a)(2) of title 38, United States Code, 
     prohibits VA from obligating or expending more than $600,000 
     per year for a lease unless that lease has been specifically 
     authorized by law.
     House Bill
       Section 101 of H.R. 4768 authorizes VA to enter into a 
     long-term lease of up to 75 years for land to construct a new 
     VA Medical Facility on the Fitzsimons Campus of the 
     University of Colorado, Aurora, Colorado.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 403 of the Compromise Agreement follows the House 
     language. The authority provided in this section is 
     permissive and intended by the Committees to foster good-
     faith negotiations between the partners to this agreement. In 
     the event that the Secretary of Veterans Affairs determines 
     the terms or conditions of the lease not to be in the best 
     interest of the United States, the Secretary should propose 
     an alternative strategy to Congress.

                   Subtitle B--Facilities Management


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

     Current Law
       Under current law, the Secretary is authorized to dispose 
     of property administered by VA and retain the proceeds from 
     such a disposal, but only if: (1) the property is considered 
     excess to the needs of VA; (2) there is no use for it in 
     providing services to homeless veterans; and (3) the property 
     is valued at less than $50,000 or, in cases where it is 
     valued at more than $50,000, the disposal was proposed in the 
     most recent budget submitted to Congress by the President. In 
     the event property is so transferred, all proceeds must be 
     deposited into the Nursing Home Revolving Fund. Funds in the 
     Nursing Home Revolving Fund may only be used for the 
     construction, acquisition, or alteration of nursing home 
     facilities.
     House Bill
       Section 102 of the H.R. 4768 would amend chapter 81 of 
     title 38, United States Code, to add a new section 8118 to 
     provide the Secretary with new authority to transfer by sale, 
     exchange or lease unneeded real property currently in VA's 
     portfolio. It would establish a new ``Capital Asset Fund'' to 
     finance actions taken to facilitate the transferring of real 
     property, including demolition, environmental restoration, 
     maintenance and repair, and historic preservation and 
     administrative expenses. Section 102 would also establish 
     ``fair market value'' as the basis for property transfers. 
     Further, it would require the Secretary to include in each 
     year's budget submission to Congress a report of both the 
     uses of the Capital Asset Fund and descriptive information on 
     each completed, pending and planned property disposal. 
     Finally, Section 102 would repeal the Nursing Home Revolving 
     Fund in section 8116 of title 38, United States Code.
       All of the authorities extended to the Secretary, as 
     outlined above, would be contingent upon the Secretary 
     certifying that VA facilities maintain long-term care 
     capacity as required by section 1710B(b) of title 38, United 
     States Code.
     Senate Bill
       Section 101 of S. 2485, as reported, would authorize VA for 
     5 years to dispose of excess real property by sale, transfer 
     or exchange to a Federal agency, a State or political 
     subdivision of a State, or to any public or private entity. 
     Such transfers would not be subject to restrictions currently 
     in force. Further, the Committee bill would allow VA to 
     retain the proceeds generated by such disposals of property 
     in a new Capital Asset Fund rather than the Nursing Home 
     Revolving Fund. Funds in the new account could be

[[Page 23050]]

     used to perform non-recurring maintenance, develop 
     construction proposals, or dispose of other VA property.
     Compromise Agreement
       The Compromise Agreement follows the House language except 
     that the contingencies upon which the House authorization 
     rested are no longer included. Instead, the Compromise 
     Agreement makes the transfer of funds from, and elimination 
     of, the Nursing Home Revolving Fund contingent on the 
     Secretary certifying that VA facilities maintain long-term 
     care capacity as required by section 1710B(b) of title 38, 
     United States Code. All other authorities would take effect 
     immediately.


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

     CurrentLaw
       No similar provision exists under current law.
     House Bill
       Section 103 of H.R. 4768 would require VA to establish a 
     national inventory of historic VA properties and would 
     require reports to Congress over several years on the status 
     of such properties.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       The Compromise Agreement follows the House language.


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

     Current Law
       Section 8103 of title 38, United States Code, authorizes 
     the Secretary to acquire such land as is necessary for the 
     purpose of providing medical services.
     House Bill
       The House Bills contains no comparable provision.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       The Compromise Agreement permits the Secretary to acquire 
     land, in the District of Columbia, suitable for providing 
     services to homeless veterans if the Secretary has identified 
     a homeless assistance provider that is prepared to acquire 
     the property from the Secretary promptly following the 
     acquisition of the land by the Secretary.


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

     Current Law
       Section 401 of Public Law 108-193, the ``Veterans Health 
     Care Authorities Extension and Improvement Act of 2003,'' 
     requires VA to notify Congress of facility closings proposed 
     under the Capital Asset Realignment for Enhanced Services 
     initiative, and prohibits such closings from occurring until 
     the lapse of 60 days following the notification or 30 days of 
     continuous session of Congress, whichever is longer.
     House Bill
       The House Bills contains no comparable provision.
     Senate Bill
       Section 104 of S. 2485, as reported, would prohibit the 
     Secretary from implementing a mission change for a medical 
     facility (other than a mission change prescribed by the 
     Secretary in his Capital Asset Realignment for Enhanced 
     Services initiative Final Report) until 90 days after the 
     date on which the Secretary submits to the Committees on 
     Veterans' Affairs written notice of the mission change.
     Compromise Agreement
       Section 414 of the Compromise Agreement prohibits the 
     Secretary from implementing a mission change until the lapse 
     of 60 days following notification or 30 days of continuous 
     session of Congress, whichever is longer, at VA Medical 
     Centers in the following locations: Boston, Massachusetts; 
     New York City, New York; Big Springs, Texas; Dublin, Georgia; 
     Montgomery, Alabama; Louisville, Kentucky; Muscogee 
     (including the outpatient clinic in Tulsa), Oklahoma; Poplar 
     Bluff, Missouri; Ft. Wayne, Indiana; Waco, Texas; Walla 
     Walla, Washington.


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

     Current Law
       Under current law, all money spent for the construction of 
     VA parking lots must be derived from the Parking Revolving 
     Fund which receives all of its deposits from fees charged for 
     parking. VA may not spend ``construction'' funds on parking 
     lots because those funds are not drawn from the Parking 
     Revolving Fund.
     House Bill
       Section 104 of H.R. 4768 would authorize the use of funds 
     in a construction or capital account for the relocation of a 
     surface parking facility if the relocation is necessitated by 
     a construction or non-recurring maintenance project.
     Senate Bill
       Section 103 of S. 2485, as reported, would authorize the 
     use of funds in a construction or capital account for the 
     relocation of a surface parking facility if the relocation is 
     necessitated by a construction or non-recurring maintenance 
     project.
     Compromise Agreement
       Section 415 of the Compromise Agreement follows the 
     language of the House and Senate Bills.


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

     Current Law
       Under current law, VA may not spent more than $500,000 from 
     its Advanced Planning Fund for the development of a 
     construction proposal unless it notifies Congress of its 
     intention to do so and waits for a period of 30 days.
     House Bill
       Section 105 of H.R. 4768 would provide more flexibility to 
     VA by eliminating the ``notice and wait'' provision if the 
     project VA is planning has already been authorized by law.
     Senate Bill
       Section 105 of S. 2485, as reported, also would eliminate 
     the ``notice and wait'' provision if the project VA is 
     planning has already been authorized by law.
     Compromise Agreement
       Section 416 of the Compromise Agreement follows the 
     language of the House and Senate Bills.


          SEC. 417--ENHANCEMENT TO ENHANCE-USE LEASE AUTHORITY

     Current Law
       Under current law, VA is authorized to lease real property 
     administered by VA to non-Federal entities in cases where VA 
     determines that such a lease will advance the mission of VA 
     and enhance the use of the property. In making the 
     determination to enter into such an ``enhanced-use lease'', 
     VA may only consider the needs of the Veterans Health 
     Administration as outlined in business plans set forth by the 
     Under Secretary for Health. Further, Section 8166 of title 
     38, United States Code, provides the Secretary permissive 
     authority to disregard State and local laws relating to 
     building codes, permits or inspections that would regulate or 
     restrict construction, alternation, repair, remodeling or 
     improvement of VA property associated with an enhanced-use 
     lease under section 8162 of title 38, United States Code.
     House Bill
       Section 106 of H.R. 4758 would add to existing exemptions 
     from State and local laws for enhanced-use leases any land-
     use laws.
     Senate Bill
       Section 102 of S. 2485, as reported, would allow VA, as 
     part of making a determination to enter into an enhanced-use 
     lease, to consider the needs of the Veterans Benefits 
     Administration or the National Cemetery Administration, as 
     outlined in business plans developed by the respective Under 
     Secretaries of those Administrations.
     Compromise Agreement
       Section 417 of the Compromise Agreement includes the 
     language from the House Bill.


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

     Current Law
       Under current law, VA generally may not transfer any 
     property to a State unless VA receives compensation equal to 
     the fair market value of the property and the transfer, as 
     proposed, is described in the VA budget for the fiscal year 
     within which the proposed transfer will take place. However, 
     VA may transfer property to a State for use as a State 
     nursing home or domiciliary.
     House Bill
       The House Bills contains no comparable provision.
     Senate Bill
       Section 131 of S. 2485, as reported, would require VA for 
     one year, if it determines that it will convey, lease, or 
     otherwise dispose of all or part of the Louisville VA Medical 
     Center, to negotiate for the conveyance, lease, or other 
     disposal of the Medical Center to the Commonwealth of 
     Kentucky for its use to provide services for veterans or for 
     other purposes. The bill would not relieve the Commonwealth 
     from the burden of paying fair market value for the land.
     Compromise Agreement
       Section 418 of the Compromise Agreement follows the Senate 
     language.


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

     Current Law
       No similar provision exists under current law.
     House Bill
       The House Bills contains no comparable provision.

[[Page 23051]]


     Senate Bill
       Section 111 of S. 2485, as reported, would direct the 
     transfer of certain land in Boise, Idaho, administered by the 
     General Services Administration to VA.
     Compromise Agreement
       Section 419 of the Compromise Agreement follows the Senate 
     language.

                 Subtitle C--Designation of Facilities


SEC. 421--THOMAS E. CREEK DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER

     Current Law
       No similar provision exists under current law.
     House Bill
       H.R. 4836 would designate the Department of Veterans 
     Affairs Medical Center in Amarillo, Texas, the ``Thomas E. 
     Creek Department of Veterans Affairs Medical Center''.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 421 of the Compromise Agreement follows the House 
     language.


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

     Current Law
       No similar provision exists under current law.
     House Bill
       The House Bills contain no comparable provision.
     Senate Bill
       Section 121 of S. 2485, as reported, would designate the 
     Department of Veterans Affairs Medical Center in the Bronx, 
     New York, the ``James J. Peters Department of Veterans 
     Affairs Medical Center''
     Compromise Agreement
       Section 422 of the Compromise Agreement follows the Senate 
     language.


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

     Current Law
       No similar provision exists under current law.
     House Bill
       H.R. 4608 would designate the Department of Veterans 
     Affairs outpatient clinic in Peoria, Illinois, the ``Bob 
     Michel Department of Veterans Affairs Outpatient Clinic''.
     Senate Bill
       S. 2596 would designate the Department of Veterans Affairs 
     outpatient clinic in Peoria, Illinois, the ``Bob Michel 
     Department of Veterans Affairs Outpatient Clinic''.
     Compromise Agreement
       Section 423 of the Compromise Agreement follows the 
     language of the House and Senate Bills.


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

     Current Law
       No similar provision exists under current law.
     House Bill
       H.R. 4317 would designate the Department of Veterans 
     Affairs outpatient clinic in Lufkin Texas the ``Charles 
     Wilson Department of Veterans Affairs Outpatient Clinic''.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 424 of the Compromise Agreement follows the House 
     language.


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

     Current Law
       No similar provision exists under current law.
     House Bill
       H.R. 1318 would designate the Department of Veterans 
     Affairs outpatient clinic in Sunnyside, Queens, New York, the 
     ``Thomas P. Noonan, Jr. Department of Veterans Affairs 
     Outpatient Clinic''.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Bill
       Section 425 of the Compromise Agreement follows the House 
     language.

                   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

     Current Law
       No similar provision exists under current law.
     House Bill
       Section 2 of H.R. 4231 would establish a pilot program 
     within VA to study the use of outside recruitment, 
     advertising and communications agencies, and the use of 
     interactive and online technologies, to improve VA's program 
     for recruiting nursing personnel.
     Senate Bill
       The Senate bill contains no comparable provision.
     Compromise Agreement
       Section 501 of the Compromise Agreement follows the House 
     language.


  sec. 502--correction to listing of certain hybrid positions in the 
                     veterans health administration

     Current Law
       Section 7401 of title 38, United States Code, authorizes VA 
     to appoint medical care personnel, under title 5, United 
     States Code, or title 38, United States Code, depending on 
     the duties of such personnel.
     House Bill
       Section 4 of H.R. 4231, as amended, would authorize the 
     appointment under title 38, United State Code, of blind 
     rehabilitation specialists and blind rehabilitation 
     outpatient specialists.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 502 of the Compromise Agreement follows the House 
     language.


                  sec. 503 under secretary for health

     Current Law
       Section 305(A)(2) of title 38, United States Code, requires 
     that the Under Secretary for Health be a ``doctor of 
     medicine.''
     House Bill
       Section 7 of H.R. 4231, as amended, would repeal the 
     requirement that VA's Under Secretary for Health be a medical 
     doctor.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 503 of the Compromise Agreement follows the House 
     language.

                        TITLE VI--OTHER MATTERS


  sec 601--EXTENSION AND CODIFICATION OF AUTHORITY FOR RECOVERY AUDITS

     Current Law
       Public Law 108-199, the ``Fiscal Year 2004 VA-HUD and 
     Independent Agencies Appropriations Act,'' requires VA to 
     conduct a program of recovery audits for fee basis contracts 
     and other medical services contracts for the care of 
     veterans.
     House Bill
       The House Bill contains no comparable provision.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 601 of the Compromise Agreement requires VA to 
     enter into a contract with a private entity or entities to 
     conduct a program of recovery audits for fee basis contracts 
     and other medical services contracts for the care of 
     veterans. The requirement expires on September 30, 2008.
       The Committee is concerned that third-party health insurers 
     are not following the regular process for handling third-
     party claim appeals throughout the Veterans Health 
     Administration. The Committee encourages the Secretary to 
     assist third-party insurers in processing disputed claims. 
     Further, the Committee encourages the Secretary, should he 
     deem it to be in the interest of the United States, to use an 
     automated and electronic system of downloading information in 
     a standardized format to ensure third-party insurer 
     compliance with the rules and regulations of dispute 
     resolution through the appeals process.


     sec. 602--inventory of medical waste management activities at 
         department of veterans affairs health care facilities

     Current Law
       No similar provision exists under current law.
     House Bill
       Section 401 of H.R. 4658 requires the Secretary to 
     establish and maintain an inventory of medical waste 
     management activities in VA medical facilities and submit a 
     report on such activities by April 15, 2005.
     Senate Bill
       The Senate bill contains no comparable provision.
     Compromise Agreement
       Section 602 of the Compromise Agreement follows the House 
     language, except that the required report would be due on 
     June 30, 2005.


sec. 603--inclusion of all enrolled veterans among persons eligible to 
           use canteens operated by veterans' canteen service

     Current Law
       Section 7803 of title 38, United States Code, defines those 
     persons eligible to use the Veterans' Canteen Service.
     House Bill
       Section 201 of H.R 4768, as amended, would expand the 
     definition of persons eligible to use the Veterans' Canteen 
     Service to include all individuals enrolled in VA health care 
     under section 1705 of title 38, United States Code, or such 
     individuals' families, and persons employed at VA facilities.
     Senate Bill
       The Senate bill contains no comparable provision.
     Compromise Agreement
       Section 603 of the Compromise Agreement follows the House 
     language.

[[Page 23052]]




    sec. 604--annual reports on waiting times for appointments for 
                             specialty care

     Current Law
       No similar provision exists under current law.
     House Bill
       The House bills contain no comparable provision.
     Senate Bill
       Section 207 of S. 2485, as reported, would require VA to 
     report annually on patient appointment waiting times, 
     including specialty and primary care services.
     Compromise Agreement
       Section 604 of the Compromise Agreement requires the 
     Secretary to report, not later than January 31 of each year 
     through 2007, on veterans waiting more than 3 months for 
     scheduled appointments in specialty care clinics and on the 
     reasons for such delays. Further, the Compromise Agreement 
     requires the Comptroller General to certify the accuracy of 
     the report submitted under this section.


                   SEC. 605--TECHNICAL CLARIFICATION

     Current Law
       Section 8111 of title 38, United States Code, requires the 
     Secretary and the Secretary of Defense to enter into 
     agreements and contracts for the mutually beneficial sharing 
     of health care resources. Section 8111 also establishes a 
     fund, known as the ``DOD-VA Health Care Sharing Incentive 
     Fund,'' to provide incentives to enter into such sharing 
     initiatives.
     House Bill
       Section 6 of H.R. 4231, as amended, makes the established 
     DOD-VA Health Care Sharing Incentive Fund available for any 
     purpose authorized by section 8111.
     Senate Bill
       The Senate Bill contains no comparable provision.
     Compromise Agreement
       Section 605 of the Compromise Agreement follows the House 
     language.

  Mr. FRIST. Mr. President, I ask unanimous consent that the substitute 
amendment at the desk be agreed to, the committee amendment, as 
amended, be agreed to, the bill, as amended, be read a third time, and 
the Veterans' Affairs Committee then be discharged from further 
consideration of H.R. 3936, and the Senate proceed to its immediate 
consideration. I further ask consent that all after the enacting clause 
be stricken, and the text of S. 2485, as amended, be inserted in lieu 
thereof; the bill, as amended, be read a third timed and passed, the 
amendment to the title, as amended, be agreed to, the motions to 
reconsider be laid upon the table en bloc, and that any statements 
relating to the bill be printed in the Record.
  I ask unanimous consent that S. 2485 be returned to the calendar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4048) was agreed to.
  (The text of the amendment is printed in today's Record under ``Text 
of Amendments.'')
  The committee amendment, as amended, was agreed to.
  The bill (H.R. 3936), as amended, was read the third time and passed.
  The amendment (No. 4049) was agreed to, as follows:


                           amendment no. 4049

       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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