109TH CONGRESS

2D SESSION S. 3421

AN ACT

To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs

for fiscal years 2006 and 2007, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR

2 MEDICAL FACILITY PROJECTS.

3 The Secretary of Veterans Affairs may carry out the

4 following major medical facility projects in fiscal year

5 2006, with each project to be carried out in the amount

6 specified for that project:

7 (1) Restoration, new construction or replace8 ment of the medical center facility for the Depart9 ment of Veterans Affairs Medical Center, New Orle10 ans, Louisiana, due to damage from Hurricane

11 Katrina in an amount not to exceed $636,000,000.

12 The Secretary is authorized to carry out the project

13 as a collaborative effort consistent with the New Or14 leans Collaborative Opportunities Study Group Re15 port dated June 12, 2006.

16 (2) Restoration of the Department of Veterans

17 Affairs Medical Center, Biloxi, Mississippi, and con18 solidation of services performed at the Department

19 of Veterans Affairs Medical Center, Gulfport, Mis20 sissippi, in an amount not to exceed $310,000,000.

21 (3) Replacement of the Department of Veterans

22 Affairs Medical Center, Denver, Colorado, in an

23 amount not to exceed $98,000,000.
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1 SEC. 2. EXTENSION OF AUTHORIZATION FOR MAJOR MED2 ICAL FACILITY CONSTRUCTION PROJECTS

3 AUTHORIZED UNDER CAPITAL ASSET RE4 ALIGNMENT INITIATIVE.

5 Notwithstanding subsection (d) of section 221 of the

6 Veterans Health Care, Capital Asset, and Business Im7 provement Act of 2003 (Public Law 108–170; 117 Stat.

8 2050), the Secretary of Veterans Affairs may enter into

9 contracts before September 30, 2009, to carry out each

10 major medical facility project, as originally authorized by

11 such section 221, as follows with each project to be carried

12 out in the amount specified for that project:

13 (1) Construction of an outpatient clinic and re14 gional office at the Department of Veterans Affairs

15 Medical Center, Anchorage, Alaska, in an amount

16 not to exceed $75,270,000.

17 (2) Consolidation of clinical and administrative

18 functions of the Department of Veterans Affairs

19 Medical Center in Cleveland, Ohio, and the Depart20 ment of Veterans Affairs Medical Center in

21 Brecksville, Ohio, in an amount not to exceed

22 $102,300,000.

23 (3) Construction of the Extended Care Building

24 at the Department of Veterans Affairs Medical Cen25 ter in Des Moines, Iowa, in an amount not to exceed

26 $25,000,000.
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1 (4) Renovation of patient wards at the Depart2 ment of Veterans Affairs Medical Center in Durham,

3 North Carolina, in an amount not to exceed

4 $9,100,000.

5 (5) Correction of patient privacy deficiencies at

6 the Department of Veterans Affairs Medical Center,

7 Gainesville, Florida, in an amount not to exceed

8 $85,200,000.

9 (6) 7th and 8th Floor Wards Modernization ad10 dition at the Department of Veterans Affairs Med11 ical Center, Indianapolis, Indiana, in an amount not

12 to exceed $27,400,000.

13 (7) Construction of a new Medical Center Facil14 ity at the Department of Veterans Affairs Medical

15 Center, Las Vegas, Nevada, in an amount not to ex16 ceed $406,000,000.

17 (8) Construction of an Ambulatory Surgery/

18 Outpatient Diagnostic Support Center in the Gulf

19 South Submarket of Veterans Integrated Service

20 Network (VISN) 8 and completion of Phase I land

21 purchase, Lee County, Florida, in an amount not to

22 exceed $65,100,000.

23 (9) Seismic Corrections-Buildings 7 & 126 at

24 the Department of Veterans Affairs Medical Center,
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1 Long Beach, California, in an amount not to exceed

2 $107,845,000.

3 (10) Seismic Corrections-Buildings 500 & 501

4 at the Department of Veterans Affairs Medical Cen5 ter, Los Angeles, California, in an amount not to ex6 ceed $79,900,000.

7 (11) Construction of a New Medical Center fa8 cility in the Orlando, Florida, area in an amount not

9 to exceed $377,700,000.

10 (12) Consolidation of Campuses at the Univer11 sity Drive and H. John Heinz III divisions, Pitts12 burgh, Pennsylvania, in an amount not to exceed

13 $189,205,000.

14 (13) Ward Upgrades and Expansion at the De15 partment of Veterans Affairs Medical Center, San

16 Antonio, Texas, in an amount not to exceed

17 $19,100,000.

18 (14) Seismic Corrections-Building 1, Phase 1

19 Design at the Department of Veterans Affairs Med20 ical Center, San Juan, Puerto Rico, in an amount

21 not to exceed $15,000,000.

22 (15) Construction of a Spinal Cord Injury Cen23 ter at the Department of Veterans Affairs Medical

24 Center, Syracuse, New York, in an amount not to

25 exceed $53,900,000.
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1 (16) Upgrade Essential Electrical Distribution

2 Systems at the Department of Veterans Affairs

3 Medical Center, Tampa, Florida, in an amount not

4 to exceed $49,000,000.

5 (17) Expansion of the Spinal Cord Injury Cen6 ter addition at the Department of Veterans Affairs

7 Medical Center, Tampa, Florida, in an amount not

8 to exceed $7,100,000.

9 (18) Blind Rehabilitation and Psychiatric Bed

10 renovation and new construction project at the De11 partment of Veterans Affairs Medical Center, Tem12 ple, Texas, in an amount not to exceed $56,000,000.

13 SEC. 3. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MED14 ICAL FACILITY PROJECTS.

15 The Secretary of Veterans Affairs may carry out the

16 following major medical facility projects in fiscal year

17 2007 in the amount specified for each project:

18 (1) Seismic Corrections, Nursing Home Care

19 Unit and Dietetics at the Department of Veterans

20 Affairs Medical Center, American Lake, Wash21 ington, in an amount not to exceed $38,220,000.

22 (2) Replacement of Operating Suite at the De23 partment of Veterans Affairs Medical Center, Co24 lumbia, Missouri, in an amount not to exceed

25 $25,830,000.
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1 (3) Construction of a new clinical addition at

2 the Department of Veterans Affairs Medical Center,

3 Fayetteville, Arkansas, in an amount not to exceed

4 $56,163,000.

5 (4) Construction of Spinal Cord Injury Center

6 at the Department of Veterans Affairs Medical Cen7 ter, Milwaukee, Wisconsin, in an amount not to ex8 ceed $32,500,000.

9 (5) Medical facility improvements and cemetery

10 expansion of Jefferson Barracks at the Department

11 of Veterans Affairs Medical Center, St. Louis, Mis12 souri, in an amount not to exceed $69,053,000.

13 SEC. 4. AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MED14 ICAL FACILITY LEASES.

15 The Secretary of Veterans Affairs may carry out the

16 following major medical facility leases in fiscal year 2006

17 at the locations specified, and in an amount for each lease

18 not to exceed the amount shown for such location:

19 (1) For an outpatient clinic, Baltimore, Mary20 land, $10,908,000.

21 (2) For an outpatient clinic, Evansville, Illinois,

22 $8,989,000.

23 (3) For an outpatient clinic, Smith County,

24 Texas, $5,093,000.
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1 SEC. 5. AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MED2 ICAL FACILITY LEASES.

3 The Secretary of Veterans Affairs may carry out the

4 following major medical facility leases in fiscal year 2007

5 at the locations specified, and in an amount for each lease

6 not to exceed the amount shown for such location:

7 (1) For an outpatient and specialty care clinic,

8 Austin, Texas, $6,163,000.

9 (2) For an outpatient clinic, Lowell, Massachu10 setts, $2,520,000.

11 (3) For an outpatient clinic, Grand Rapids,

12 Michigan, $4,409,000.

13 (4) For up to four outpatient clinics, Las

14 Vegas, Nevada, $8,518,000.

15 (5) For an outpatient clinic, Parma, Ohio,

16 $5,032,000.

17 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

18 (a) AUTHORIZATION OF APPROPRIATIONS FOR FIS19 CAL YEAR 2006 MAJOR MEDICAL FACILITY PROJECTS.—

20 There is authorized to be appropriated to the Secretary

21 of Veterans Affairs for fiscal year 2006 for the Construc22 tion, Major Projects, account, $1,044,000,000 for the

23 projects authorized in section 1.

24 (b) AUTHORIZATION OF APPROPRIATIONS FOR

25 MAJOR MEDICAL FACILITY PROJECTS UNDER CAPITAL

26 ASSET REALIGNMENT INITIATIVE.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated for the Sec3 retary of Veterans Affairs for fiscal year 2007 for

4 the Construction, Major Projects, account,

5 $1,750,120,000 for the projects whose authorization

6 is extended by section 2.

7 (2) AVAILABILITY.—Amounts appropriated pur8 suant to the authorization of appropriations in para9 graph (1) shall remain available until September 30,

10 2009.

11 (c) AUTHORIZATION OF APPROPRIATIONS FOR FIS12 CAL YEAR 2007 MAJOR MEDICAL FACILITY PROJECTS.—

13 There is authorized to be appropriated to the Secretary

14 of Veterans Affairs for fiscal year 2007 for the Construc15 tion, Major Projects, account, $221,766,000 for the

16 projects authorized in section 3.

17 (d) AUTHORIZATION OF APPROPRIATIONS FOR

18 MAJOR MEDICAL FACILITY LEASES.—

19 (1) FISCAL YEAR 2006 LEASES.—There is au20 thorized to be appropriated for the Secretary of Vet21 erans Affairs for fiscal year 2006 for the Medical

22 Care account, $24,990,000 for the leases authorized

23 in section 4.

24 (2) FISCAL YEAR 2007 LEASES.—There is au25 thorized to be appropriated for the Secretary of Vet-
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1 erans Affairs for fiscal year 2007 for the Medical

2 Care account, $26,642,000 for the leases authorized

3 in section 5.

4 (e) LIMITATION.—The projects authorized in sections

5 1 and 2 may only be carried out using—

6 (1) funds appropriated for fiscal year 2006 or

7 2007 pursuant to the authorization of appropria8 tions in subsections (a), (b), and (c) of this section;

9 (2) funds available for Construction, Major

10 Projects, for a fiscal year before fiscal year 2006

11 that remain available for obligation;

12 (3) funds available for Construction, Major

13 Projects, for a fiscal year after fiscal year 2006 or

14 2007 that are available for obligation; and

15 (4) funds appropriated for Construction, Major

16 Projects, for fiscal year 2006 or 2007 for a category

17 of activity not specific to a project.

18 SEC. 7. INCREASE IN THRESHOLD FOR MAJOR MEDICAL

19 FACILITY PROJECTS.

20 (a) INCREASE.—Section 8104(a)(3)(A) of title 38,

21 United States Code, is amended by striking ‘‘$7,000,000’’

22 and inserting ‘‘$10,000,000’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall take effect on October 1, 2006, and
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1 shall apply with respect to any fiscal year beginning on

2 or after that date.

3 SEC. 8. EXPANSION OF ELIGIBILITY UNDER SURVIVORS’

4 AND DEPENDENTS EDUCATIONAL ASSIST5 ANCE PROGRAM.

6 (a) ELIGIBILITY FOR DEPENDENTS OF

7 SERVICEMEMBERS.—

8 (1) CHILDREN.—Section 3501(a)(1)(A) of title

9 38, United States Code, is amended—

10 (A) in clause (ii) by striking ‘‘or’’ at the

11 end;

12 (B) by redesignating clause (iii) as clause

13 (iv); and

14 (C) by inserting after clause (ii) the fol15 lowing clause (iii):

16 ‘‘(iii) is hospitalized or receiving outpatient

17 medical care, services, or treatment pending

18 discharge from the active military, naval, or air

19 service for a total disability permanent in na20 ture resulting from a service-connected dis21 ability (as determined by the Secretary), or’’.

22 (2) SPOUSES.—Subparagraph (D) of section

23 3501(a)(1) of such title is amended to read as fol24 lows:
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1 ‘‘(D)(i) the spouse of any veteran who has a

2 total disability permanent in nature resulting from a

3 service-connected disability,

4 ‘‘(ii) the spouse of any person who is hospital5 ized or receiving outpatient medical care, services, or

6 treatment pending discharge from the active mili7 tary, naval, or air service for a total disability per8 manent in nature resulting from a service-connected

9 disability (as determined by the Secretary), or

10 ‘‘(iii) the surviving spouse of a veteran who died

11 while a disability so evaluated was in existence,’’.

12 (b) CONFORMING AMENDMENTS.—

13 (1) DURATION OF ASSISTANCE.—Section 3511

14 of such title is amended—

15 (A) in subsection (a)(1), by striking ‘‘both

16 sections 3501(a)(1)(D)(i) and

17 3501(a)(1)(D)(ii)’’ and inserting ‘‘sections

18 3501(a)(1)(D)(i), 3501(a)(1)(D)(ii), and

19 3501(a)(1)(D)(iii)’’;

20 (B) in subsection (b)(2), by striking

21 ‘‘3501(a)(1)(A)(iii)’’ and inserting

22 ‘‘3501(a)(1)(A)(iv)’’; and

23 (C) in subsection (c), by striking

24 ‘‘3501(a)(1)(A)(iii), 3501(a)(1)(C), or

25 3501(a)(1)(D)(i)’’ and inserting
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1 ‘‘3501(a)(1)(A)(iv), 3501(a)(1)(C),

2 3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii)’’.

3 (2) PERIOD OF ELIGIBILITY.—Section 3512 of

4 such title is amended—

5 (A) in subsection (a)(6), by striking

6 ‘‘3501(a)(1)(A)(iii)’’ and inserting

7 ‘‘3501(a)(1)(A)(iv)’’;

8 (B) in subsection (b)(1)(A), by striking

9 ‘‘3501(a)(1)(D)(i), or 3501(a)(1)(D)(ii) of this

10 title.’’ and all that follows through the end, and

11 inserting the following: ‘‘or 3501(a)(1)(D) of

12 this title. In the case of a surviving spouse

13 made eligible by clause (iii) of section

14 3501(a)(1)(D), the 10-year period may not be

15 reduced by any earlier period during which the

16 person otherwise was eligible for educational as17 sistance under this chapter as a spouse de18 scribed in clause (i) or (ii) of that section.’’;

19 and

20 (C) in subsection (d), by striking ‘‘vet21 eran’’ and inserting ‘‘person’’.

22 (3) EFFECTIVE DATES.—Section 5113(b)(3) of

23 such title is amended by adding at the end the fol24 lowing new subparagraph:
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1 ‘‘(D) The term ‘veteran’ includes a person as

2 described in sections 3501(a)(1)(A)(iii) and

3 3501(a)(1)(D)(ii) of this title.’’.

Passed the Senate September 26, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 3421

AN ACT

To authorize major medical facility projects and

2007, and for other purposes.of Veterans Affairs for fiscal years 2006 andmajor medical facility leases for the Department