II 

Calendar No. 718 

108TH CONGRESS 

2D SESSION S. 2485 

[Report No. 108–358] 

To amend title 38, United States Code, to improve and enhance the authorities of the Secretary of Veterans Affairs relating to the management 

and disposal of real property and facilities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 1, 2004 

Mr. SPECTER (by request) introduced the following bill; which was read twice 

and referred to the Committee on Veterans’ Affairs 

SEPTEMBER 27, 2004 

Reported by Mr. SPECTER, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend title 38, United States Code, to improve and 

enhance the authorities of the Secretary of Veterans 

Affairs relating to the management and disposal of real 

property and facilities, and for other purposes. 

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. SHORT TITLE; REFERENCES TO TITLE 38, 

2 UNITED STATES CODE. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Department of Veterans Affairs Real Property and Fa5 cilities Management Improvement Act of 2004’’. 

6 (b) REFERENCES TO TITLE 38 UNITED STATES

7 CODE.—Except as otherwise expressly provided, whenever 

8 in this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 

11 section or other provision of title 38, United States Code. 

12 SEC. 2. AUTHORITY TO USE PROJECT FUNDS TO CON13 STRUCT OR RELOCATE SURFACE PARKING 

14 INCIDENTAL TO A CONSTRUCTION OR NON15 RECURRING MAINTENANCE PROJECT. 

16 Section 8109 is amended by adding at the end the 

17 following new subsection: 

18 ‘‘(j) Funds in a construction account or capital ac19 count that are available for a construction project or non20 recurring maintenance project may be used for the con21 struction or relocation of a surface parking lot incidental 

22 to such project.’’. 

23 SEC. 3. IMPROVEMENTS OF ENHANCED-USE LEASE AU24 THORITIES. 

25 (a) BUSINESS PLAN CRITERIA.—Section 8162 is 

26 amended— 
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1 (1) in subsection (a)(2)(B), by striking ‘‘the 

2 Under Secretary for Health for applying the consid3 eration under such a lease to the provision of med4 ical care and services’’ and inserting ‘‘one of the 

5 Under Secretaries for applying the consideration 

6 under such a lease to the programs and activities of 

7 the Department’’; and 

8 (2) in subsection (b)(4)(A), by striking ‘‘on the 

9 leased property’’. 

10 (b) CONSIDERATION OF PROPOSALS FOR LEASES.— 

11 (1) Section 8163 is amended— 

12 (A) in subsection (a), by striking the first sen13 tence and inserting the following new sentence: ‘‘If 

14 the Secretary proposes to enter into an enhanced-use 

15 lease with respect to certain property, the Secretary 

16 shall conduct a public hearing before entering into 

17 the lease.’’; 

18 (B) in subsection (b), by striking ‘‘of the pro19 posed designation and of the hearing’’ in the matter 

20 preceding paragraph (1) and inserting ‘‘on the pro21 posed lease and the hearing to the congressional vet22 erans’ affairs committees and to the public’’; and 

23 (C) in subsection (c)— 

24 (i) in paragraph (1)— 
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1 (I) by striking ‘‘to designate the prop2 erty involved’’ and inserting ‘‘to enter into 

3 an enhanced-use lease of the property in4 volved’’; and 

5 (II) by striking ‘‘to so designate the 

6 property’’ and inserting ‘‘to enter into the 

7 lease’’; 

8 (ii) in paragraph (2), by striking ‘‘90-day’’ 

9 and inserting ‘‘45-day’’; and 

10 (iii) by striking paragraph (4). 

11 (2)(A) The heading of such section is amended to 

12 read as follows: 

13 ‘‘§ 8163. Proposals for property to be leased’’. 

14 (B) The table of sections at the beginning of chapter 

15 81 is amended by striking the item relating to section 

16 8163 and inserting the following new item: 

‘‘8163. Proposals for property to be leased.’’. 

17 (c) DISPOSAL AUTHORITY.—Section 8164 is amend18 ed— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘by requesting the Admin21 istrator of General Services to dispose of the 

22 property pursuant to subsection (b)’’; and 

23 (B) by striking the last sentence; 

24 (2) in subsection (b)— 
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1 (A) by striking ‘‘and the Administrator of 

2 General Services jointly determine’’ and insert3 ing ‘‘determines’’; and 

4 (B) by striking ‘‘and the Administrator 

5 consider’’ and inserting ‘‘considers’’; and 

6 (3) in subsection (c), by striking ‘‘90 days’’ and 

7 inserting ‘‘45 days’’. 

8 (d) USE OF PROCEEDS.—Section 8165 is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1), by striking ‘‘Funds 

11 received’’ and inserting ‘‘Except as provided in 

12 paragraph (2), funds received’’; 

13 (B) by redesignating paragraph (2) as 

14 paragraph (3); 

15 (C) by inserting after paragraph (1) the 

16 following new paragraph (2): 

17 ‘‘(2) Funds received by the Department under an en18 hanced-use lease implementing a business plan proposed 

19 by the Under Secretary for Benefits or the Under Sec20 retary for Memorial Affairs and remaining after any de21 duction from such funds under subsection (b) shall be 

22 credited to applicable appropriations of the Veterans Ben23 efits Administration or National Cemetery Administra24 tion, as the case may be.’’; and 
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1 (D) in paragraph (3), as so redesignated, 

2 by striking ‘‘nursing home revolving fund’’ and 

3 inserting ‘‘Capital Asset Fund established 

4 under section 8122A of this title’’; 

5 (2) in subsection (b)— 

6 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’ 

7 (B) in paragraph (1), as so designated, by 

8 striking ‘‘for that fiscal year’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(2) The Secretary may also deduct from the pro12 ceeds of any enhanced-use lease an amount to reimburse 

13 applicable appropriations of the Department for any ex14 penses incurred by the Secretary in the development of 

15 additional enhanced-use leases. Amounts so deducted shall 

16 be utilized to reimburse such appropriations.’’; and 

17 (3) by striking subsection (c). 

18 SEC. 4. DISPOSAL OF REAL PROPERTY OF THE DEPART19 MENT OF VETERANS AFFAIRS. 

20 (a) IN GENERAL.—(1) Subchapter II of chapter 81 

21 is amended by inserting after section 8122 the following 

22 new section: 

23 ‘‘§ 8122A. Disposal of real property 

24 ‘‘(a) IN GENERAL.—(1) To the extent provided in ad25 vance in appropriations Acts, the Secretary may, in ac-
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1 cordance with this section and sections 8122 and 8164 

2 of this title, dispose of real property of the Department, 

3 including land and structures and equipment associated 

4 with such property, that is under the jurisdiction or con5 trol of the Secretary by— 

6 ‘‘(A) transfer to or exchange with another de7 partment or agency of the Federal Government; 

8 ‘‘(B) conveyance to or exchange with a State or 

9 a political subdivision of a State, an Indian tribe, or 

10 other public entity; or 

11 ‘‘(C) conveyance to or exchange with any pri12 vate person or entity. 

13 ‘‘(2) The Secretary may exercise the authority in 

14 paragraph (1) notwithstanding the following provisions of 

15 law: 

16 ‘‘(A) Sections 521, 522, and 541 through 545 

17 of title 40. 

18 ‘‘(B) Section 501 of the McKinney-Vento 

19 Homeless Assistance Act (42 U.S.C. 11411). 

20 ‘‘(3) In any transfer, exchange, or conveyance of real 

21 property under this subsection, the Secretary shall obtain 

22 consideration in an amount equal to the fair market value 

23 of the property, as determined by the Secretary. 

24 ‘‘(b) TREATMENT OF PROCEEDS.—Proceeds from the 

25 transfer, exchange, or conveyance of real property under 
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1 subsection (a) shall be deposited in the Capital Asset Fund 

2 under subsection (c). 

3 ‘‘(c) CAPITAL ASSET FUND.—There is established on 

4 the books of the Treasury of the United States a revolving 

5 fund known as the Capital Asset Fund (in this section 

6 referred to as the ‘Fund’). 

7 ‘‘(d) ELEMENTS OF FUND.—The Fund shall consist 

8 of the following: 

9 ‘‘(1) Amounts authorized to be appropriated to 

10 the Fund. 

11 ‘‘(2) Proceeds from the transfer, exchange, or 

12 conveyance of real property under subsection (a) 

13 that are deposited in the Fund under subsection (b). 

14 ‘‘(3) Funds to be deposited in the Fund under 

15 section 8165(a)(3) of this title. 

16 ‘‘(4) Any other amounts specified for transfer 

17 to or deposit in the Fund by law. 

18 ‘‘(e) USE OF AMOUNTS IN FUND.—Subject to the 

19 provisions of appropriations Acts, amounts in the Fund 

20 shall be available for purposes as follows and in the fol21 lowing order of priority: 

22 ‘‘(1) For costs of the Department in disposing 

23 of real property, including costs associated with 

24 demolition, environmental clean-up, maintenance 
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1 and repair, improvements to facilitate disposal, and 

2 associated administrative expenses. 

3 ‘‘(2) For costs of the Department associated 

4 with proposed disposals of real property of the De5 partment. 

6 ‘‘(3) For costs of non-recurring capital projects 

7 of the Department. 

8 ‘‘(f) REPORTS.—The Secretary shall include with the 

9 budget justification documents submitted to Congress 

10 each year with the budget of the President for the fiscal 

11 year beginning in such year (as submitted pursuant to sec12 tion 1105 of title 31) a report setting forth the following: 

13 ‘‘(1) A statement of each disposal of real prop14 erty to be undertaken in such fiscal year that is val15 ued in excess of the major medical facility project 

16 threshold specified in section 8104(a)(3)(A) of this 

17 title. 

18 ‘‘(2) A description of each disposal of real prop19 erty that was completed in the fiscal year ending in 

20 the year before such report is submitted.’’. 

21 (2) The table of sections at the beginning of such 

22 chapter is amended by inserting after the item relating 

23 to section 8122 the following new item: 

‘‘8122A. Disposal of real property.’’. 
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1 (b) CONFORMING AMENDMENT.—Section 8164(a) is 

2 amended in the second sentence by inserting ‘‘or 1822A’’ 

3 after ‘‘section 8122’’. 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated for the Department of Vet6 erans Affairs for fiscal year 2005, $10,000,000 for deposit 

7 in the Capital Asset Fund under section 1822A(c) of title 

8 38, United States Code (as added by subsection (a)). 

9 SEC. 5. MODIFICATION OF OTHER REAL PROPERTY DIS10 POSAL AUTHORITIES. 

11 (a) GENERAL LIMITATIONS ON DISPOSAL.—Para12 graph (2) of subsection (a) of section 8122 is amended 

13 to read as follows: 

14 ‘‘(2) Except as provided in paragraph (3) of this sub15 section, the Secretary may not during any fiscal year dis16 pose of real property owned by the United States and 

17 under the jurisdiction and control of the Secretary that 

18 has an estimated value in excess of the major medical fa19 cility project threshold specified in subsection 

20 8104(a)(3)(A) of this title unless— 

21 ‘‘(A) the disposal is described in the budget jus22 tification documents submitted to Congress each 

23 year with the budget of the President for the fiscal 

24 year beginning in such year (as submitted pursuant 

25 to section 1105 of title 31); 
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1 ‘‘(B) the Department receives consideration for 

2 the real property equal to the fair market value of 

3 the property, as determined by the Secretary; and 

4 ‘‘(C) the net proceeds of the disposal are depos5 ited in the Capital Asset Fund under section 

6 8122A(c) of this title.’’. 

7 (b) DISPOSAL PROCEDURES.—Subsection (d) of such 

8 section is amended— 

9 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

10 (2) by adding at the end the following new 

11 paragraphs: 

12 ‘‘(2)(A) In the case of property (including land and 

13 structures and equipment associated with such property) 

14 that has an estimated value less than the major medical 

15 facility project threshold specified in section 

16 8104(a)(3)(A) of this title, the Secretary may dispose of 

17 the property if— 

18 ‘‘(i) the Secretary notifies the Administrator of 

19 General Services of an intent to dispose of the prop20 erty; and 

21 ‘‘(ii) a period of 30 days elapses after notice 

22 under clause (i) during which period no other de23 partment or agency of the Federal Government ex24 presses an interest in assuming jurisdiction of the 

25 property under the condition of paying the Secretary 
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1 the fair market value of the property, as determined 

2 by the Secretary, of the property. 

3 ‘‘(B) In disposing of property under subparagraph 

4 (A), the Secretary shall publish a notice of sale in the real 

5 estate section of a local newspaper of general circulation 

6 serving the market in which the property is located. 

7 ‘‘(3) In the case of property (including land and 

8 structures and equipment associated with such property) 

9 that has an estimated value in excess of the major medical 

10 facility project threshold specified in section 

11 8104(a)(3)(A) of this title, the Secretary may dispose of 

12 the property if— 

13 ‘‘(A) the Secretary complies with subsection 

14 (a)(2) with respect to the property; 

15 ‘‘(B) the Secretary— 

16 ‘‘(i) notifies the Administrator of General 

17 Services of an intent to dispose of the property; 

18 ‘‘(ii) publishes in the Federal Register no19 tice of an intent to dispose of the property; and 

20 ‘‘(iii) notifies the committees of an intent 

21 to dispose of the property; 

22 ‘‘(C) a period of 30 days elapses after notice 

23 under subparagraph (B)(i) during which period no 

24 other department or agency of the Federal Govern25 ment expresses an interest in assuming jurisdiction 
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1 of the property under the condition of paying the 

2 Secretary the fair market value of the property, as 

3 determined by the Secretary, of the property; and 

4 ‘‘(D) a period of 60 days elapses after notice 

5 under subparagraph (B)(iii).’’. 

6 SEC. 6. TERMINATION OF NURSING HOME REVOLVING 

7 FUND. 

8 (a) TERMINATION.—(1) Section 8116 is repealed. 

9 (2) The table of sections at the beginning of chapter 

10 81 is amended by striking the item relating to section 

11 8116. 

12 (b) CONFORMING AMENDMENT.—Section 

13 8165(a)(3), as redesignated by section 3(d)(1)(D) of this 

14 Act, is further amended by striking ‘‘nursing home revolv15 ing fund’’ and inserting ‘‘Capital Asset Fund under sec16 tion 1822A of this title’’. 

17 (c) TRANSFER OF UNOBLIGATED BALANCES TO CAP18 ITAL ASSET FUND.—Any unobligated balances in the 

19 nursing home revolving under section 8116 of title 38, 

20 United States Code, as of the date of the enactment of 

21 this Act shall be deposited in the Capital Asset Fund 

22 under section 8122A of title 38, United States Code (as 

23 added by section 4(a) of this Act). 
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1 SEC. 7. INAPPLICABILITY OF LIMITATION ON USE OF AD2 VANCE PLANNING FUND TO AUTHORIZED 

3 MAJOR MEDICAL FACILITY PROJECTS. 

4 Section 8104 is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(g) The limitation specified in subsection (f) shall 

7 not apply to projects for which funds have already been 

8 authorized by law in accordance with subsection (a)(2).’’. 

9 SEC. 8. LEASE OF CERTAIN NATIONAL CEMETERY ADMINIS10 TRATION PROPERTY. 

11 (a) IN GENERAL.—Chapter 24 is amended by adding 

12 at the end the following new section: 

13 ‘‘§ 2412. Lease of land and buildings 

14 ‘‘(a) LEASE AUTHORIZED.—The Secretary may lease 

15 any undeveloped land and unused or underutilized build16 ings, or parts or parcels thereof, belonging to the United 

17 States and part of the National Cemetery Administration. 

18 ‘‘(b) TERM.—The term of a lease under subsection 

19 (a) may not exceed 10 years. 

20 ‘‘(c) LEASE TO PUBLIC OR NONPROFIT ORGANIZA21 TIONS.—(1) A lease under subsection (a) to any public 

22 or nonprofit organization may be made without regard to 

23 the provisions of section 3709 of the Revised Statutes (41 

24 U.S.C. 5). 

25 ‘‘(2) Notwithstanding section 1302 of title 40 or any 

26 other provision of law, a lease under subsection (a) to any 
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1 public or nonprofit organization may provide for the main2 tenance, protection, or restoration of the leased property 

3 by the lessee, as a part or all of the consideration for the 

4 lease. 

5 ‘‘(d) NOTICE.—Before entering into a lease under 

6 subsection (a), the Secretary shall give appropriate public 

7 notice of the intention of the Secretary to enter into the 

8 lease in a newspaper of general circulation in the commu9 nity in which the lands or buildings concerned are located. 

10 ‘‘(e) NATIONAL CEMETERY ADMINISTRATION FA11 CILITIES OPERATION FUND.—(1) There is established on 

12 the book of the Treasury an account to be known as the 

13 ‘National Cemetery Administration Facilities Operation 

14 Fund’ (in this section referred to as the ‘Fund’). 

15 ‘‘(2) The Fund shall consist of the following: 

16 ‘‘(A) Amounts authorized to be appropriated to 

17 the Fund. 

18 ‘‘(B) Proceeds from the lease of land or build19 ings under this section. 

20 ‘‘(C) Proceeds of agricultural licenses of lands 

21 of the National Cemetery Administration. 

22 ‘‘(D) Any other amounts authorized for deposit 

23 in the Fund by law. 

24 ‘‘(3) Amounts in the Fund shall be available to cover 

25 costs incurred by the National Cemetery Administration 
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1 in the operation and maintenance of property of the Ad2 ministration. 

3 ‘‘(4) Amounts in the Fund shall remain available 

4 until expended.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of such chapter is amended by adding 

7 at the end the following new item: 

‘‘2412. Lease of land and buildings.’’. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

9 (a) SHORT TITLE.—This Act may be cited as the ‘‘De10 partment of Veterans Affairs Real Property and Facilities 

11 Management Improvement Act of 2004’’. 

12 (b) TABLE OF CONTENTS.—The table of contents for 

13 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. 
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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. 

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

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of title 38, United States Code. 

7 TITLE I—REAL PROPERTY AND 

8 FACILITIES MATTERS 

9 Subtitle A—Real Property and 

10 Facilities Administration 

11 SEC. 101. RESTATEMENT AND ENHANCEMENT OF REAL 

12 PROPERTY DISPOSAL AUTHORITIES. 

13 (a) RESTATEMENT AND ENHANCEMENT OF GENERAL

14 PROPERTY DISPOSAL AUTHORITIES.—Subchapter II of 
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1 chapter 81 is amended by inserting after section 8122 the 

2 following new section: 

3 ‘‘§ 8122A. Disposal of real property 

4 ‘‘(a) AUTHORITY TO DISPOSE OF REAL PROPERTY.— 

5 To the extent provided in advance in appropriations Acts, 

6 the Secretary may dispose of real property of the Depart7 ment, including land and structures and equipment associ8 ated with such property, that is under the jurisdiction or 

9 control of the Secretary by— 

10 ‘‘(1) transfer to or exchange with another depart11 ment or agency of the Federal Government; 

12 ‘‘(2) conveyance to or exchange with a State or 

13 a political subdivision of a State, an Indian tribe, or 

14 another public entity; or 

15 ‘‘(3) conveyance to or exchange with any private 

16 person or entity. 

17 ‘‘(b) INAPPLICABILITY OF CERTAIN DISPOSAL RE18 QUIREMENTS.—The Secretary may exercise the authority in 

19 subsection (a) without regard to the following provisions of 

20 law: 

21 ‘‘(1) Sections 521, 522, and 541 through 545 of 

22 title 40. 

23 ‘‘(2) Section 501 of the McKinney-Vento Home24 less Assistance Act (42 U.S.C. 11411). 
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1 ‘‘(c) LIMITATION ON DETERMINATION OF PROPERTY

2 TO BE EXCESS.—Real property under the jurisdiction of 

3 the Secretary may not be declared excess by the Secretary 

4 and disposed of by the General Services Administration or 

5 any other entity of the Federal Government unless the Sec6 retary determines that the property is no longer needed by 

7 the Department in carrying out its functions and is not 

8 suitable for use for the provision of services to homeless vet9 erans by the Department or by another entity under an 

10 enhanced-use lease of such property under section 8162 of 

11 this title. 

12 ‘‘(d) DISPOSAL PROCEDURES.—(1) Except as provided 

13 in paragraph (3), the Secretary may not during any fiscal 

14 year dispose of real property (including land and structures 

15 and equipment associated with such property) owned by the 

16 United States and administered by the Secretary that has 

17 an estimated value in excess of the major medical facility 

18 project threshold specified in section 8104(a)(3)(A) of this 

19 title unless— 

20 ‘‘(A) the disposal is described in the budget jus21 tification documents submitted to Congress with the 

22 budget of the President for the fiscal year beginning 

23 in such year (as submitted pursuant to section 1105 

24 of title 31); 

25 ‘‘(B) the Secretary— 
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1 ‘‘(i) notifies the Administrator of General 

2 Services of an intent to dispose of the property; 

3 ‘‘(ii) publishes in the Federal Register no4 tice of an intent to dispose of the property; and 

5 ‘‘(iii) notifies the committees of an intent to 

6 dispose of the property; 

7 ‘‘(C) a period of 30 days elapses after notice 

8 under subparagraph (B)(i) during which period no 

9 other department or agency of the Federal Govern10 ment expresses an interest in assuming jurisdiction of 

11 the property under the condition of paying the Sec12 retary the fair market value of the property, as deter13 mined by the Secretary, of the property; and 

14 ‘‘(D) a period of 60 days elapses after notice 

15 under subparagraph (B)(iii). 

16 ‘‘(2) Except as provided in paragraph (3), the Sec17 retary may dispose of real property (including land and 

18 structures and equipment associated with such property) 

19 owned by the United States and administered by the Sec20 retary that has an estimated value less than the major med21 ical facility project threshold specified in section 

22 8104(a)(3)(A) of this title if— 

23 ‘‘(A) the Secretary notifies the committees and 

24 the Administrator of General Services of an intent to 

25 dispose of the property; 
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1 ‘‘(B) the Secretary publishes a notice of sale in 

2 the real estate section of a local newspaper of general 

3 circulation serving the market in which the property 

4 is located; and 

5 ‘‘(C) a period of 30 days elapses after notice 

6 under subparagraph (A) during which period no 

7 other department or agency of the Federal Govern8 ment expresses an interest in assuming jurisdiction of 

9 the property under the condition of paying the Sec10 retary the fair market value of the property, as deter11 mined by the Secretary, of the property. 

12 ‘‘(3)(A) Notwithstanding paragraphs (1) and (2) or 

13 any other provision of law relating to the disposition of 

14 real property by the United States and subject to subpara15 graph (B), the Secretary may transfer to a State for use 

16 as the site of a State nursing-home or domiciliary facility 

17 real property owned by the United States and administered 

18 by the Secretary that the Secretary determines to be excess 

19 to the needs of the Department. 

20 ‘‘(B) A transfer of real property may not be made 

21 under this paragraph unless— 

22 ‘‘(i) the Secretary has determined that the State 

23 has provided sufficient assurance that it has the re24 sources (including any resources which are reasonably 

25 likely to be available to the State under subchapter 
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1 III of chapter 81 of this title and section 1741 of this 

2 title) necessary to construct and operate a State home 

3 nursing or domiciliary care facility; and 

4 ‘‘(ii) the transfer is made subject to the condi5 tions that— 

6 ‘‘(I) the property be used by the State for a 

7 nursing-home or domiciliary care facility in ac8 cordance with the conditions and limitations ap9 plicable to State home facilities constructed with 

10 assistance under subchapter III of chapter 81 of 

11 this title; and 

12 ‘‘(II) if the property is used at any time for 

13 any other purpose, all right, title, and interest in 

14 and to the property shall revert to the United 

15 States. 

16 ‘‘(C) A transfer of real property may not be made 

17 under this paragraph until— 

18 ‘‘(i) the Secretary submits to the committees, not 

19 later than June 1 of the year in which the transfer 

20 is proposed to be made (or the year preceding that 

21 year), a report providing notice of the proposed trans22 fer; and 

23 ‘‘(ii) a period of 90 consecutive days elapses after 

24 the report is received by the committees. 
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1 ‘‘(D) A transfer under this paragraph shall be made 

2 under such additional terms and conditions as the Sec3 retary considers appropriate to protect the interests of the 

4 United States. 

5 ‘‘(e) CONSIDERATION.—In any transfer, exchange, or 

6 conveyance under the authority in this section (other than 

7 a transfer described in subsection (d)(3)), the Secretary 

8 shall obtain consideration in amount equal to the fair mar9 ket value of the property, as determined by the Secretary. 

10 ‘‘(f) TREATMENT OF PROCEEDS.—Proceeds from the 

11 transfer, exchange, or conveyance of real property under 

12 this section shall be deposited in the Capital Asset Fund 

13 under section 8122B of this title. 

14 ‘‘(g) REPORTS.—The Secretary shall include with the 

15 budget justification documents submitted to Congress each 

16 year with the budget of the President for the fiscal year 

17 beginning in such year (as submitted pursuant to section 

18 1105 of title 31) a report setting forth the following: 

19 ‘‘(1) A statement of each disposal of real prop20 erty to be undertaken in such fiscal year that is val21 ued in excess of the major medical facility project 

22 threshold specified in section 8104(a)(3)(A) of this 

23 title. 
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1 ‘‘(2) A description of each disposal of real prop2 erty that was completed in the fiscal year ending in 

3 the year before such report is submitted.’’. 

4 (b) CAPITAL ASSET FUND.—Subchapter II of chapter 

5 81, as amended by subsection (a), is further amended by 

6 inserting after section 8122A the following new section: 

7 ‘‘§ 8122B. Capital Asset Fund 

8 ‘‘(a) CAPITAL ASSET FUND.—There is established on 

9 the books of the Treasury of the United States a revolving 

10 fund known as the Capital Asset Fund (in this section re11 ferred to as the ‘Fund’). 

12 ‘‘(b) ELEMENTS OF FUND.—The Fund shall consist of 

13 the following: 

14 ‘‘(1) Amounts authorized to be appropriated to 

15 the Fund. 

16 ‘‘(2) Proceeds from the transfer, exchange, or 

17 conveyance of real property under subsection (a) of 

18 section 8122A of this title that are deposited in the 

19 Fund under subsection (f) of such section. 

20 ‘‘(3) Funds to be deposited in the Fund under 

21 section 8165(a)(3) of this title. 

22 ‘‘(4) Any other amounts specified for transfer to 

23 or deposit in the Fund by law. 

24 ‘‘(c) USE OF AMOUNTS IN FUND.—Subject to the pro25 visions of appropriations Acts, amounts in the Fund shall 
25 

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1 be available for purposes as follows and in the following 

2 order of priority: 

3 ‘‘(1) For costs of the Department in disposing of 

4 real property under sections 8122A and 8164 of this 

5 title, including costs associated with demolition, envi6 ronmental clean-up, maintenance and repair, im7 provements to facilitate disposal, and associated ad8 ministrative expenses. 

9 ‘‘(2) For costs of the Department associated with 

10 proposed disposals of real property of the Department 

11 under such sections. 

12 ‘‘(3) For costs of non-recurring capital projects 

13 of the Department.’’. 

14 (c) REPEAL OF SUPERSEDED AUTHORITIES.—(1) Sec15 tion 8122 is amended— 

16 (A) in subsection (a)— 

17 (i) by striking ‘‘(1)’’; and 

18 (ii) by striking paragraphs (2) and (3); and 

19 (B) by striking subsection (d). 

20 (2) The heading of such section is amended by striking 

21 ‘‘and dispose of’’. 

22 (d) CONFORMING AMENDMENT.—Section 8164(a) is 

23 amended by striking ‘‘section 8122’’ and inserting ‘‘section 

24 8122A’’. 
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1 (e) CLERICAL AMENDMENTS.—The table of sections at 

2 the beginning of chapter 81 is amended— 

3 (1) in the item relating to section 8122, by strik4 ing ‘‘and dispose of’’; and 

5 (2) by inserting after the item relating to section 

6 8122 the following new items: 

‘‘8122A. Disposal of real property. 

‘‘8122B. Capital Asset Fund.’’. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated for the Department of Vet9 erans Affairs for fiscal year 2005, $10,000,000 for deposit 

10 in the Capital Asset Fund under section 1822B of title 38, 

11 United States Code (as added by subsection (b)). 

12 SEC. 102. IMPROVEMENTS OF ENHANCED-USE LEASE AU13 THORITIES. 

14 (a) BUSINESS PLAN CRITERIA.—Section 8162 is 

15 amended— 

16 (1) in subsection (a)(2)(B), by striking ‘‘the 

17 Under Secretary for Health for applying the consider18 ation under such a lease to the provision of medical 

19 care and services’’ and inserting ‘‘one of the Under 

20 Secretaries for applying the consideration under such 

21 a lease to the programs and activities of the Depart22 ment’’; and 

23 (2) in subsection (b)(4)(A), by striking ‘‘on the 

24 leased property’’. 
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1 (b) INAPPLICABILITY OF CERTAIN DISPOSAL REQUIRE2 MENTS.—Section 8164 is amended— 

3 (1) by redesignating subsections (b) and (c) as 

4 subsection (c) and (d), respectively; and 

5 (2) by inserting after subsection (a) the following 

6 new subsection (b): 

7 ‘‘(b) The Secretary may dispose of property under this 

8 section without regard to the following provisions of law: 

9 ‘‘(1) Sections 521, 522, and 541 through 545 of 

10 title 40. 

11 ‘‘(2) Section 501 of the McKinney-Vento Home12 less Assistance Act (42 U.S.C. 11411).’’. 

13 (c) USE OF PROCEEDS.—Section 8165(a) is amend14 ed— 

15 (1) in paragraph (1), by striking ‘‘Funds re16 ceived’’ and inserting ‘‘Except as provided in para17 graph (2), funds received’’; 

18 (2) by redesignating paragraph (2) as para19 graph (3); 

20 (3) by inserting after paragraph (1) the fol21 lowing new paragraph (2): 

22 ‘‘(2) Funds received by the Department under an en23 hanced-use lease implementing a business plan proposed by 

24 the Under Secretary for Benefits or the Under Secretary 

25 for Memorial Affairs and remaining after any deduction 
28 

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1 from such funds under subsection (b) shall be credited to 

2 applicable appropriations of the Veterans Benefits Admin3 istration or National Cemetery Administration, as the case 

4 may be.’’; and 

5 (4) in paragraph (3), as so redesignated, by 

6 striking ‘‘nursing home revolving fund’’ and inserting 

7 ‘‘Capital Asset Fund under section 8122B of this 

8 title’’. 

9 SEC. 103. AUTHORITY TO USE PROJECT FUNDS TO CON10 STRUCT OR RELOCATE SURFACE PARKING IN11 CIDENTAL TO A CONSTRUCTION OR NON-RE12 CURRING MAINTENANCE PROJECT. 

13 Section 8109 is amended by adding at the end the fol14 lowing new subsection: 

15 ‘‘(j) Funds in a construction account or capital ac16 count that are available for a construction project or non17 recurring maintenance project may be used for the construc18 tion or relocation of a surface parking lot incidental to such 

19 project.’’. 

20 SEC. 104. LIMITATION ON IMPLEMENTATION OF MISSION 

21 CHANGES FOR VETERANS HEALTH ADMINIS22 TRATION HEALTH CARE FACILITIES. 

23 Section 8110 is amended— 

24 (1) by redesignating subsections (e) and (f) as 

25 subsections (f) and (g), respectively; and 
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1 (2) by inserting after subsection (d) the following 

2 new subsection (e): 

3 ‘‘(e)(1) The Secretary may not implement a mission 

4 change for a medical facility (other than a mission change 

5 prescribed by the Secretary in the Capital Asset Realign6 ment for Enhanced Services (CARES) initiative) until 90 

7 days after the date on which the Secretary submits to the 

8 committees written notice of the mission change. 

9 ‘‘(2) For purposes of this subsection, a mission change 

10 for a medical facility shall consist of any of the following: 

11 ‘‘(A) Closure of the facility. 

12 ‘‘(B) Consolidation of the facility. 

13 ‘‘(C) An administrative reorganization of the fa14 cility covered by section 510(b) of this title. 

15 ‘‘(3) Written notice of a mission change for a medical 

16 facility under paragraph (1) shall include— 

17 ‘‘(A) an assessment of the impact of the mission 

18 change on the population of veterans served by the fa19 cility; 

20 ‘‘(B) a description of the availability and qual21 ity of health care, including long-term care, mental 

22 health care, and substance abuse programs, available 

23 in the area served by the facility; 
30 

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1 ‘‘(C) an assessment of the impact of the mission 

2 change on the economy of the community in which the 

3 facility is located; and 

4 ‘‘(D) an analysis of any alternatives to the mis5 sion change proposed by the community in which the 

6 facility is located, organizations recognized by the 

7 Secretary under section 5902 of this title, organiza8 tions that represent Department employees in such 

9 community, or the Department. 

10 ‘‘(4) In the case of a mission change covered by para11 graph (1) that is also an administrative reorganization cov12 ered by section 510(b) of this title, both this subsection and 

13 such section 510(b) shall apply with respect to the imple14 mentation of such mission change.’’. 

15 SEC. 105. TERMINATION OF NURSING HOME REVOLVING 

16 FUND. 

17 (a) TERMINATION.—(1) Section 8116 is repealed. 

18 (2) The table of sections at the beginning of chapter 

19 81 is amended by striking the item relating to section 8116. 

20 (b) TRANSFER OF UNOBLIGATED BALANCES TO CAP21 ITAL ASSET FUND.—Any unobligated balances in the nurs22 ing home revolving under section 8116 of title 38, United 

23 States Code, as of the date of the enactment of this Act shall 

24 be deposited in the Capital Asset Fund under section 8122B 
31 

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1 of title 38, United States Code (as added by section 103(b) 

2 of this Act). 

3 SEC. 106. INAPPLICABILITY OF LIMITATION ON USE OF AD4 VANCE PLANNING FUND TO AUTHORIZED 

5 MAJOR MEDICAL FACILITY PROJECTS. 

6 Section 8104 is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(g) The limitation specified in subsection (f) shall not 

9 apply to projects for which funds have already been author10 ized by law in accordance with subsection (a)(2).’’. 

11 SEC. 107. LEASE OF CERTAIN NATIONAL CEMETERY ADMIN12 ISTRATION PROPERTY. 

13 (a) IN GENERAL.—Chapter 24 is amended by adding 

14 at the end the following new section: 

15 ‘‘§ 2412. Lease of land and buildings 

16 ‘‘(a) LEASE AUTHORIZED.—The Secretary may lease 

17 any undeveloped land and unused or underutilized build18 ings, or parts or parcels thereof, belonging to the United 

19 States and part of the National Cemetery Administration. 

20 ‘‘(b) TERM.—The term of a lease under subsection (a) 

21 may not exceed 10 years. 

22 ‘‘(c) LEASE TO PUBLIC OR NONPROFIT ORGANIZA23 TIONS.—(1) A lease under subsection (a) to any public or 

24 nonprofit organization may be made without regard to the 
32 

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1 provisions of section 3709 of the Revised Statutes (41 

2 U.S.C. 5). 

3 ‘‘(2) Notwithstanding section 1302 of title 40 or any 

4 other provision of law, a lease under subsection (a) to any 

5 public or nonprofit organization may provide for the main6 tenance, protection, or restoration of the leased property by 

7 the lessee, as a part or all of the consideration for the lease. 

8 ‘‘(d) NOTICE.—Before entering into a lease under sub9 section (a), the Secretary shall give appropriate public no10 tice of the intention of the Secretary to enter into the lease 

11 in a newspaper of general circulation in the community 

12 in which the lands or buildings concerned are located. 

13 ‘‘(e) NATIONAL CEMETERY ADMINISTRATION FACILI14 TIES OPERATION FUND.—(1) There is established on the 

15 book of the Treasury an account to be known as the ‘Na16 tional Cemetery Administration Facilities Operation Fund’ 

17 (in this section referred to as the ‘Fund’). 

18 ‘‘(2) The Fund shall consist of the following: 

19 ‘‘(A) Amounts authorized to be appropriated to 

20 the Fund. 

21 ‘‘(B) Proceeds from the lease of land or buildings 

22 under this section. 

23 ‘‘(C) Proceeds of agricultural licenses of lands of 

24 the National Cemetery Administration. 
33 

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1 ‘‘(D) Any other amounts authorized for deposit 

2 in the Fund by law. 

3 ‘‘(3) Amounts in the Fund shall be available to cover 

4 costs incurred by the National Cemetery Administration in 

5 the operation and maintenance of property of the Adminis6 tration. 

7 ‘‘(4) Amounts in the Fund shall remain available until 

8 expended.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections at 

10 the beginning of such chapter is amended by adding at the 

11 end the following new item: 

‘‘2412. Lease of land and buildings.’’. 

12 Subtitle B—Transfers of Property 

13 SEC. 111. TRANSFER OF JURISDICTION, GENERAL SERV14 ICES ADMINISTRATION PROPERTY, BOISE, 

15 IDAHO. 

16 (a) TRANSFER.—The Administrator of General Serv17 ices shall transfer, without reimbursement, to the adminis18 trative jurisdiction of the Secretary of Veterans Affairs the 

19 parcel of real property, including any improvements there20 on, consisting of approximately 2.3 acres located at the 

21 General Services Administration facility immediately north 

22 of the Army Reserve facility in Boise, Idaho. 

23 (b) UTILIZATION.—The Secretary of Veterans Affairs 

24 shall utilize the property transferred under subsection (a) 

25 for purposes relating to the delivery of benefits to veterans. 
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1 Subtitle C—Designation of 

2 Facilities 

3 SEC. 121. DESIGNATION OF DEPARTMENT OF VETERANS AF4 FAIRS MEDICAL CENTER, BRONX, NEW YORK, 

5 AS JAMES J. PETERS DEPARTMENT OF VET6 ERANS AFFAIRS MEDICAL CENTER. 

7 The Department of Veterans Affairs medical center in 

8 the Bronx, New York, shall after the date of the enactment 

9 of this Act be known and designated as the ‘‘James J. Peters 

10 Department of Veterans Affairs Medical Center’’. Any ref11 erence to such medical center in any law, regulation, map, 

12 document, record, or other paper of the United States shall 

13 be considered to be a reference to the James J. Peters De14 partment of Veterans Affairs Medical Center. 

15 SEC. 122. DESIGNATION OF PRISONER OF WAR/MISSING IN 

16 ACTION NATIONAL MEMORIAL, RIVERSIDE 

17 NATIONAL CEMETERY, RIVERSIDE, CALI18 FORNIA. 

19 (a) FINDINGS.—Congress makes the following findings: 

20 (1) The most reliable statistics regarding the 

21 number of members of the United States Armed 

22 Forces who have been held as prisoners of war or list23 ed as missing in action indicate that more than 

24 586,000 members of the Armed Forces have been taken 
35 

•S 2485 RS 

1 prisoner since the American Revolution and more 

2 than 89,000 members have been listed as missing. 

3 (2) The Department of Defense continues to lo4 cate and identify the remains of members of the 

5 Armed Forces who have been missing in action since 

6 the Korean and Vietnam Wars. 

7 (3) The United States currently lacks a national 

8 memorial dedicated to the bravery and sacrifice of 

9 those members of the Armed Forces who have been 

10 held as prisoners of war and listed as missing in ac11 tion. 

12 (4) An appropriate memorial to former prisoners 

13 of war and members of the Armed Forces listed as 

14 missing in action, including those who remain unac15 counted for, is under construction at Riverside Na16 tional Cemetery in Riverside, California. 

17 (5) The memorial will honor all those members 

18 of the Armed Forces who have been held as prisoners 

19 of war or listed as missing in action and is dedicated 

20 to the memory of those members who remain missing 

21 in action. 

22 (b) DESIGNATION.—The memorial to former prisoners 

23 of war and members of the Armed Forces listed as missing 

24 in action that is under construction at Riverside National 
36 

•S 2485 RS 

1 Cemetery in Riverside, California, is hereby designated as 

2 the Prisoner of War/Missing in Action National Memorial. 

3 (c) EFFECT OF DESIGNATION.—The national memo4 rial designated by this section is not a unit of the National 

5 Park System, and the designation of the national memorial 

6 shall not be construed to require or permit Federal funds 

7 (other than any funds provided for as of the date of the 

8 enactment of this Act) to be expended for any purpose re9 lated to the national memorial. 

10 Subtitle D—Other Matters 

11 SEC. 131. FIRST OPTION FOR COMMONWEALTH OF KEN12 TUCKY ON LOUISVILLE DEPARTMENT OF VET13 ERANS AFFAIRS MEDICAL CENTER, KEN14 TUCKY. 

15 (a) REQUIREMENT.—Upon determining to convey, 

16 lease, or otherwise dispose of the Louisville Department of 

17 Veterans Affairs Medical Center, Kentucky, or any portion 

18 thereof, the Secretary of Veterans Affairs shall engage in 

19 negotiations for the conveyance, lease, or other disposal of 

20 the Medical Center or portion thereof solely with the Com21 monwealth of Kentucky. 

22 (b) DURATION OF REQUIREMENT.—The requirement 

23 for negotiations under subsection (a) shall remain in effect 

24 for one year after the date of the commencement of the nego25 tiations. 
37 

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1 (c) SCOPE OF NEGOTIATIONS.—The negotiations under 

2 subsection (a) shall address the utilization of the Medical 

3 Center, or portion thereof, by the Commonwealth of Ken4 tucky for the primary purpose of the provision of services 

5 for veterans and related activities, but may address or re6 sult in the utilization of the Medical Center, or portion 

7 thereof, by the Commonwealth of Kentucky for other pur8 poses. 

9 TITLE II—BENEFITS MATTERS 

10 SEC. 201. PROHIBITION ON COLLECTION OF COPAYMENTS 

11 FOR HOSPICE CARE. 

12 Section 1710B(c)(2) is amended— 

13 (1) in subparagraph (A), by striking ‘‘or’’ at the 

14 end; 

15 (2) by redesignating subparagraph (B) as sub16 paragraph (C); and 

17 (3) by inserting after subparagraph (A) the fol18 lowing new subparagraph (B): 

19 ‘‘(B) to a veteran being furnished hospice care 

20 under this section; or’’. 

21 SEC. 202. EXPANSION AND PERMANENT EXTENSION OF AU22 THORITY FOR COUNSELING AND TREATMENT 

23 FOR SEXUAL TRAUMA. 

24 (a) PERMANENT EXTENSION.—Subsection (a) of sec25 tion 1720D is amended— 
38 

•S 2485 RS 

1 (1) in paragraph (1), by striking ‘‘During the 

2 period through December 31, 2004, the Secretary’’ 

3 and inserting ‘‘The Secretary’’; and 

4 (2) in paragraph (2), by striking ‘‘, during the 

5 period through December 31, 2004,’’. 

6 (b) COUNSELING FOR RESERVES.—Such section is fur7 ther amended— 

8 (1) in subsection (a)— 

9 (A) by redesignating paragraph (2), as 

10 amended by subsection (a)(2) of this section, as 

11 paragraph (3); and 

12 (B) by inserting after paragraph (1) the fol13 lowing new paragraph (2): 

14 ‘‘(2) In operating the program under paragraph (1), 

15 the Secretary shall also provide counseling and appropriate 

16 care and services to former members of the Reserves who 

17 the Secretary determines require such counseling and care 

18 and services to overcome psychological trauma, which in the 

19 judgment of such a mental health professional, resulted from 

20 a physical assault of a sexual nature, battery of a sexual 

21 nature, or sexual harassment which occurred while such in22 dividual was a member of the Reserves not serving on active 

23 duty.’’; 
39 

•S 2485 RS 

1 (2) by striking ‘‘a veteran’’ each place it appears 

2 (other than subsection (b)(1)) and inserting ‘‘an indi3 vidual’’; 

4 (3) by striking ‘‘that veteran’’ each place it ap5 pears and inserting ‘‘that individual’’; and 

6 (4) in subsection (c), by inserting ‘‘and other in7 dividuals’’ after ‘‘veterans’’ each place it appears. 

8 SEC. 203. TREATMENT OF DEPARTMENT OF VETERANS AF9 FAIRS PER DIEM PAYMENTS TO STATE HOMES 

10 FOR VETERANS. 

11 Section 1741 is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(e) Payments to States pursuant to this section shall 

14 not be considered a liability of a third party, or otherwise 

15 be utilized to offset or reduce any other payment made to 

16 assist veterans.’’. 

17 SEC. 204. CARE FOR NEWBORN CHILDREN OF WOMEN VET18 ERANS RECEIVING MATERNITY CARE. 

19 (a) AUTHORITY TO FURNISH.—Subchapter VIII of 

20 chapter 17 is amended by adding at the end the following 

21 new section: 

22 ‘‘§ 1786. Care for newborn children of women veterans 

23 receiving maternity care 

24 ‘‘The Secretary may furnish care to a newborn child 

25 of a woman veteran who is receiving maternity care fur-
40 

•S 2485 RS 

1 nished by the Department for up to 14 days after the birth 

2 of the child if the veteran delivered the child in a Depart3 ment facility or in a non-Department facility pursuant to 

4 a Department contract for the delivery services.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 17 is amended by adding at the 

7 end following new item: 

‘‘1786. Care for newborn children of women veterans receiving maternity care.’’. 

8 SEC. 205. CENTERS FOR RESEARCH, EDUCATION, AND CLIN9 ICAL ACTIVITIES ON BLAST INJURIES OF VET10 ERANS. 

11 (a) IN GENERAL.—(1) Subchapter II of chapter 73 is 

12 amended by adding at the end the following new section: 

13 ‘‘§ 7327. Centers for research, education, and clinical 

14 activities on blast injuries 

15 ‘‘(a) PURPOSE.—The purpose of this section is to pro16 vide for the improvement of the provision of health care 

17 services and related rehabilitation and education services 

18 to eligible veterans suffering from multiple traumas associ19 ated with a blast injury through— 

20 ‘‘(1) the conduct of research to support the provi21 sion of such services in accordance with the most cur22 rent evidence on blast injuries; 

23 ‘‘(2) the education and training of health care 

24 personnel of the Department; and 
41 

•S 2485 RS 

1 ‘‘(3) the development of improved models and 

2 systems for the furnishing of services by the Depart3 ment for blast injuries. 

4 ‘‘(b) ESTABLISHMENT.—(1) The Secretary shall estab5 lish and operate at least one, but not more than three, cen6 ters for research, education, and clinical activities on blast 

7 injuries. 

8 ‘‘(2) Each center shall function as a center for— 

9 ‘‘(A) research on blast injury to support the pro10 vision of services in accordance with the most current 

11 evidence on blast injuries, with such research to spe12 cifically address injury epidemiology and cost, func13 tional outcomes, blast injury taxonomy and measure14 ment system, and longitudinal outcomes; 

15 ‘‘(B) the development of a rehabilitation pro16 gram for blast injuries, including referral protocol, 

17 post-acute assessment, and coordination of com18 prehensive treatment services; 

19 ‘‘(C) the development of protocols to optimize 

20 linkages between the Department and the Department 

21 of Defense on matters relating to research, education, 

22 and clinical activities on blast injuries; 

23 ‘‘(D) the creation of innovative models for edu24 cation and outreach on health-care and related reha25 bilitation and education services on blast injuries, 
42 

•S 2485 RS 

1 with such education and outreach to target those who 

2 have sustained a blast injury and health care pro3 viders and researchers in the Veterans Health Admin4 istration, the Department of Defense, and the Depart5 ment of Homeland Security; 

6 ‘‘(E) the development of educational tools and 

7 products on blast injuries, and the maintenance of 

8 such tools and products in a resource clearinghouse 

9 that can serve as resources for the Veterans Health 

10 Administration, the Department of Defense, the De11 partment of Homeland Security, and other depart12 ments and agencies of the Federal Government; 

13 ‘‘(F) the development of interdisciplinary train14 ing programs on the provision of health care and re15 habilitation care services for blast injuries that pro16 vide an integrated understanding of the continuum of 

17 care for such injuries to the broad range of providers 

18 of such services, including first responders, acute-care 

19 providers, and rehabilitation service providers; and 

20 ‘‘(G) the implementation of strategies for im21 proving the medical diagnostic coding of blast inju22 ries in the Department to reliably identify veterans 

23 with blast injuries and track outcomes over time. 
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•S 2485 RS 

1 ‘‘(3) The Secretary shall designate a center or centers 

2 under this section upon the recommendation of the Under 

3 Secretary for Health. 

4 ‘‘(4) The Secretary may designate a center under this 

5 section only if— 

6 ‘‘(A) the proposal submitted for the designation 

7 of the center meets the requirements of subsection (c); 

8 ‘‘(B) the Secretary makes the finding described 

9 in subsection (d); and 

10 ‘‘(C) the peer review panel established under sub11 section (e) makes the determination specified in sub12 section (e)(3) with respect to that proposal. 

13 ‘‘(5) The authority of the Secretary to establish and 

14 operate centers under this section is subject to the appro15 priation of funds for that purpose. 

16 ‘‘(c) PROPOSAL REQUIREMENTS.—A proposal sub17 mitted for the designation of a center under this section 

18 shall— 

19 ‘‘(1) provide for close collaboration in the estab20 lishment and operation of the center, and for the pro21 vision of care and the conduct of research and edu22 cation at the center, by a Department facility or fa23 cilities (in this subsection referred to as the ‘collabo24 rating facilities’) in the same geographic area that 

25 have a mission centered on the care of individuals 
44 

•S 2485 RS 

1 with blast injuries and a Department facility in that 

2 area which has a mission of providing tertiary med3 ical care; 

4 ‘‘(2) provide that not less than 50 percent of the 

5 funds appropriated for the center for support of clin6 ical care, research, and education will be provided to 

7 the collaborating facilities with respect to the center; 

8 and 

9 ‘‘(3) provide for a governance arrangement 

10 among the facilities described in paragraph (1) with 

11 respect to the center that ensures that the center will 

12 be established and operated in a manner aimed at 

13 improving the quality of care for blast injuries at the 

14 collaborating facilities with respect to the center. 

15 ‘‘(d) FINDINGS RELATING TO PROPOSALS.—The find16 ing referred to in subsection (b)(4)(B) with respect to a pro17 posal for the designation of a site as a location of a center 

18 under this section is a finding by the Secretary, upon the 

19 recommendation of the Under Secretary for Health, that the 

20 facilities submitting the proposal have developed (or may 

21 reasonably be anticipated to develop) each of the following: 

22 ‘‘(1) An arrangement with an affiliated accred23 ited medical school or university that provides edu24 cation and training in disaster preparedness, home25 land security, and biodefense. 
45 

•S 2485 RS 

1 ‘‘(2) Comprehensive and effective treatment serv2 ices for head injury, spinal cord injury, audiology, 

3 amputation, gait and balance, and mental health. 

4 ‘‘(3) The ability to attract scientists who have 

5 demonstrated achievement in research— 

6 ‘‘(A) into the evaluation of innovative ap7 proaches to the rehabilitation of blast injuries; or 

8 ‘‘(B) into the treatment of blast injuries. 

9 ‘‘(4) The capability to evaluate effectively the ac10 tivities of the center, including activities relating to 

11 the evaluation of specific efforts to improve the qual12 ity and effectiveness of services on blast injuries that 

13 are provided by the Department at or through indi14 vidual facilities. 

15 ‘‘(e) DEPARTMENTAL SUPPORT ON EVALUATION OF

16 CENTER PROPOSALS.—(1) In order to provide advice to as17 sist the Secretary and the Under Secretary for Health to 

18 carry out their responsibilities under this section, the offi19 cial within the central office of the Veterans Health Admin20 istration responsible for blast injury matters shall establish 

21 a peer review panel to assess the scientific and clinical 

22 merit of proposals that are submitted to the Secretary for 

23 the designation of centers under this section. 

24 ‘‘(2) The panel shall consist of experts in the fields of 

25 research, education and training, and clinical care on blast 
46 

•S 2485 RS 

1 injuries. Members of the panel shall serve as consultants to 

2 the Department. 

3 ‘‘(3) The panel shall review each proposal submitted 

4 to the panel by the official referred to in paragraph (1) 

5 and shall submit to that official its views on the relative 

6 scientific and clinical merit of each such proposal. The 

7 panel shall specifically determine with respect to each such 

8 proposal whether or not that proposal is among those pro9 posals which have met the highest competitive standards of 

10 scientific and clinical merit. 

11 ‘‘(4) The panel shall not be subject to the Federal Advi12 sory Committee Act (5 U.S.C. App.). 

13 ‘‘(f) AWARD OF FUNDING.—Clinical and scientific in14 vestigation activities at each center established under this 

15 section— 

16 ‘‘(1) may compete for the award of funding from 

17 amounts appropriated for the Department for medical 

18 and prosthetics research; and 

19 ‘‘(2) shall receive priority in the award of fund20 ing from such amounts insofar as funds are awarded 

21 from such amounts to projects and activities relating 

22 to blast injuries. 

23 ‘‘(g) DISSEMINATION OF INFORMATION.—(1) The 

24 Under Secretary for Health shall ensure that information 

25 produced by the centers established under this section that 
47 

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1 may be useful for other activities of the Veterans Health 

2 Administration is disseminated throughout the Administra3 tion. 

4 ‘‘(2) Information shall be disseminated under this sub5 section through publications, through programs of con6 tinuing medical and related education provided through re7 gional medical education centers under subchapter VI of 

8 chapter 74 of this title, and through other means. Such pro9 grams of continuing medical education shall receive pri10 ority in the award of funding. 

11 ‘‘(h) SUPERVISION.—The official within the central of12 fice of the Veterans Health Administration responsible for 

13 blast injury matters shall be responsible for supervising the 

14 operation of the centers established under this section and 

15 shall provide for ongoing evaluation of the centers and their 

16 compliance with the requirements of this section. 

17 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—(1) There 

18 are authorized to be appropriated to the Department of Vet19 erans Affairs for the centers established under this section 

20 amounts as follows: 

21 ‘‘(A) $3,125,000 for fiscal year 2005. 

22 ‘‘(B) $6,250,000 for each of fiscal years 2006 

23 through 2008. 

24 ‘‘(2) In addition to amounts authorized to be appro25 priated by paragraph (1) for a fiscal year, the Under Sec-
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1 retary for Health shall allocate to each center established 

2 under this section, from other funds authorized to be appro3 priated for such fiscal year for the Department generally 

4 for medical and for medical and prosthetics research, such 

5 additional amounts as the Under Secretary for Health de6 termines appropriate to carry out the purpose of this sec7 tion.’’. 

8 (2) The table of sections at the beginning of chapter 

9 73 is amended by inserting after the item relating to section 

10 7326, the following new item: 

‘‘7327. Centers for research, education, and clinical activities on blast injuries.’’. 

11 (b) DESIGNATION OF CENTERS.—The Secretary of Vet12 erans Affairs shall designate at least one center for research, 

13 education, and clinical activities on blast injuries as re14 quired by section 7327 of title 38, United States Code (as 

15 added by subsection (a)), not later than January 1, 2005. 

16 (c) ANNUAL REPORTS.—(1) Not later than February 

17 1 of each of 2006, 2007, and 2008, the Secretary shall sub18 mit to the Committees on Veterans’ Affairs of the Senate 

19 and House of Representatives a report on the status and 

20 activities during the previous fiscal year of the center for 

21 research, education, and clinical activities on blast injuries 

22 established under section 7327 of title 38, United States 

23 Code (as so added). Each such report shall include the fol24 lowing: 
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1 (A) A description of the activities carried out at 

2 each center, and the funding provided for such activi3 ties. 

4 (B) A description of the advances made at each 

5 of the participating facilities of each center in re6 search, education and training, and clinical activities 

7 on blast injuries. 

8 (C) A description of the actions taken by the 

9 Under Secretary for Health pursuant to subsection 

10 (g) of that section (as so added) to disseminate infor11 mation derived from such activities throughout the 

12 Veterans Health Administration. 

13 (D) The assessment of the Secretary of the effec14 tiveness of the centers in fulfilling the purposes of the 

15 centers. 

16 SEC. 206. EXTENSION OF VARIOUS AUTHORITIES RELATING 

17 TO VETERANS BENEFITS. 

18 (a) FIVE-YEAR EXTENSION OF REPORTS BY SPECIAL

19 MEDICAL ADVISORY GROUP.—Section 7312(d) is amended 

20 by striking ‘‘December 31, 2004’’ and inserting ‘‘December 

21 31, 2009’’. 

22 (b) PILOT PROGRAMS RELATING TO LONG-TERM

23 CARE.—Section 102(h) of the Veterans Millennium Health 

24 Care and Benefits Act (Public Law 106–117; 38 U.S.C. 

25 1710B note) is amended by striking ‘‘the date that is three 
50 

•S 2485 RS 

1 years after the date of the commencement of that pilot pro2 gram’’ and inserting ‘‘December 31, 2005’’. 

3 SEC. 207. ANNUAL REPORTS ON WAITING TIMES FOR AP4 POINTMENTS FOR HEALTH CARE AND SERV5 ICES. 

6 (a) ANNUAL REPORTS.—Subchapter III of chapter 17 

7 is amended by inserting after section 1730 the following 

8 new section: 

9 ‘‘§ 1730A. Annual reports on waiting times for ap10 pointments for care and services 

11 ‘‘(a) ANNUAL REPORTS.—Not later than January 31 

12 each year, the Secretary shall submit to the Committees on 

13 Veterans’ Affairs of the Senate and the House of Representa14 tives a report on the waiting times of veterans for appoint15 ments for care and services from the Department under this 

16 chapter during the preceding year. 

17 ‘‘(b) REPORT ELEMENTS.—Each report under sub18 section (a) shall specify, for the year covered by the report, 

19 the following: 

20 ‘‘(1) A tabulation of the waiting time of veterans 

21 for appointments with the Department for each cat22 egory of primary or specialty care or services fur23 nished by the Department, broken out by particular 

24 Department facility and by Veterans Integrated Serv25 ice Network. 
51 

•S 2485 RS 

1 ‘‘(2) An identification of the categories of spe2 cialty care or services for which there are lengthy 

3 delays for appointments at particular Department fa4 cilities or throughout particular Veterans Integrated 

5 Service Networks, and, for each category so identified, 

6 recommendations for the reallocation of personnel, fi7 nancial, and other resources to address such delays.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of chapter 17 is amended by inserting after 

10 the item relating to section 1730 the following new item: 

‘‘1730A. Annual reports on waiting times for appointments for care and services.’’. 

Amend the title so as to read: ‘‘A bill to amend title 

38, United States Code, to improve and enhance the authorities of the Secretary of Veterans Affairs relating to 

the management and disposal of real property and facilities, to improve and extend other benefits for veterans, 

and for other purposes.’’. 
Calendar No. 718 

108TH CONGRESS 

2D SESSION S. 2485 

[Report No. 108–358] 

A BILL 

To amend title 38, United States Code, to improve 

other purposes. disposal of real property and facilities, and for Veterans Affairs relating to the management and and enhance the authorities of the Secretary of 

SEPTEMBER 27, 2004 

Reported with an amendment and an amendment to the 

title