Department of Veterans Affairs Real Property and Facilities Management Improvement Act of 2004

Bill: 108-s-2485
Sponsor: Sen. Specter, Arlen [R-PA]
Introduced: 2004-06-01 in the Senate
Policy area: Armed Forces and National Security
Subjects: Administrative procedure
Building construction
Cemeteries and funerals
Congress
Congressional reporting requirements
Construction costs
Department of Veterans Affairs
Economics and Public Finance
Government Operations and Politics
Government paperwork
Government publicity
Government trust funds
Health
Land transfers
Law
Leases
Maintenance and repair
Nursing homes
Parking facilities
Public Lands and Natural Resources
Public meetings
Real property
Relocation
Revolving funds
Surplus government property
Transportation and Public Works
Veterans' hospitals

Summary:
action_date: 2004-06-01
text: 
Department of Veterans Affairs Real Property and Facilities Management Improvement Act of 2004 - Authorizes the use of certain construction and maintenance project funds available to the Secretary of Veterans Affairs for the construction or relocation of surface parking lots incidental to such projects.
 
Modifies business plan-based determinations relating to the Secretary's enhanced-use lease authority.
 
Credits to applicable appropriations of the Veterans Benefits Administration or National Cemetery Association certain funds received under enhanced-use leases implementing business plans proposed by the Under Secretary for Benefits and the Under Secretary for Memorial Affairs.
 
Requires funds received by the Department of Veterans Affairs from disposals of leased property to be deposited into the Capital Asset Fund established by this Act.
 
Authorizes reimbursement from the proceeds of enhanced-used leases of the expenses incurred to develop additional enhanced-use leases.
 
Authorizes the disposal of the Department's real property by specified means. Establishes the Capital Asset Fund to cover the costs of disposal, proposed disposal, or non-recurring capital projects (in order of priority).
 
Limits the Secretary's disposal of real property that has an estimated value in excess of the major medical facility project threshold.
 
Sets forth disposal procedures.
 
Terminates the Nursing Home Revolving Fund.
 
Removes limits on the use of Advanced Planning Fund amounts for major medical facility projects where funds for such projects have been authorized.
 
Authorizes the lease of certain National Cemetery Administration property. Establishes the National Cemetery Administration Facilities Operation Fund to cover costs incurred by the Administration in operating and maintaining its property.

action_date: 2004-09-27
text: 
Department of Veterans Affairs Real Property and Facilities Management Improvement Act of 2004 - 
Title I: Real Property and Facilities Matters - Subtitle A: Real Property and Facilities Administration - 
(Sec. 101) Amends Federal veterans' provisions to authorize the Secretary of Veterans Affairs to dispose of excess real property of the Department of Veterans Affairs by: (1) transfer to or exchange with another Federal department or agency; or (2) conveyance to or exchange with a State or political subdivision, Indian tribe, public entity, or private person or entity (thereby eliminating certain other transfer requirements). Sets forth disposal procedures. Requires: (1) disposal proceeds to be deposited into the Capital Asset Fund (established in this section); and (2) the Secretary to include in annual budget justification documents a report on each such disposal. Provides authorized Fund uses. Authorizes FY 2005 appropriations to the Fund.
 
(Sec. 102) Modifies business plan-based determinations relating to the Secretary's enhanced-use lease authority by: (1) requiring consideration of the needs of the Veterans Benefits Administration or the National Cemetery Administration; and (2) allowing the Department to receive facilities, space, or services in consideration for such a lease regardless of whether the facilities, space, or services are on the leased property.
 
(Sec. 103) Authorizes funds in a Department construction or capital account that are available for a construction or non-recurring maintenance project to be used for the construction or relocation of a surface parking lot incidental to such project.
 
(Sec. 104) Prohibits the Secretary from implementing a mission change for a medical facility (with an exception) until 90 days after the Secretary submits to the congressional veterans' committees written notice of the mission change.
 
(Sec. 105) Terminates the Nursing Home Revolving Fund. Transfers unobligated balances to the Capital Asset Fund.
 
(Sec. 106) Removes congressional notice-and-wait limits on the use of Advanced Planning Fund amounts for major medical facility projects when funds for such projects have already been authorized by law.
 
(Sec. 107) Authorizes the Secretary to lease any undeveloped land or unused or underutilized buildings or lots of the National Cemetery Administration. Allows a lease term of up to ten years. Establishes in the Treasury the National Cemetery Administration Facilities Operation Fund to cover costs incurred by such Administration in operating and maintaining its property.
 

Subtitle B: Transfers of Property - 
(Sec. 111) Directs the Administrator of General Services to transfer to the Secretary specified General Services Administration property north of the Army Reserve facility in Boise, Idaho, for purposes relating to the delivery of benefits to veterans.
 

Subtitle C: Designation of Facilities - 
(Sec. 121) Designates the Department medical center in the Bronx, New York, as the James J. Peters Department of Veterans Affairs Medical Center.
 
(Sec. 122) Designates the memorial to former prisoners of war and members of the Armed Forces missing in action that is under construction at Riverside National Cemetery, California, as the Prisoner of War/Missing in Action National Memorial.
 

Subtitle D: Other Matters - 
(Sec. 131) Requires the Secretary, upon determining to convey, lease, or dispose of all or part of the Louisville Department of Veterans Affairs Medical Center, Kentucky, to engage in negotiations for such conveyance, lease, or disposal solely with the Commonwealth of Kentucky. Limits the duration of such requirement to one year after the commencement of such negotiations. Requires such negotiations to address the utilization of such Center for the primary purpose of the provision of services for veterans and related activities.
 

Title II: Benefits Matters - 
(Sec. 201) Exempts veterans receiving hospice care from certain Department copayment requirements.
 
(Sec. 202) Makes permanent (currently terminates at the end of 2004) the Department's authority to provide counseling and treatment to veterans suffering from an incident of sexual trauma that occurred during service. Expands such authority to include members of the reserves suffering from an incident that occurred during training.
 
(Sec. 203) States that Department per diem payments to States for the care of veterans in State nursing homes shall not be considered a liability of a third party or otherwise utilized to offset or reduce any other payment made to assist veterans.
 
(Sec. 204) Authorizes the Secretary to provide up to 14 days of care following birth for the newborn child of a woman veteran receiving maternity care furnished by the Department if the child was delivered in a Department facility or a Department-contracted facility.
 
(Sec. 205) Directs the Secretary, subject to the appropriation of funds, to establish and operate at least one and up to three centers for research, education, and clinical activities on blast injuries. Outlines requirements for proposals submitted for the designation of a center. Authorizes appropriations. Requires reports during 2006 through 2008 from the Secretary to the veterans' committees on center status and activities.
 
(Sec. 206) Extends through: (1) 2009 required reports from the Special Medical Advisory Group on care and treatment provided to disabled veterans; and (2) 2005 a pilot program to evaluate three different models of providing long-term care to veterans.
 
(Sec. 207) Requires an annual report from the Secretary to the veterans' committees on the waiting times of veterans for appointments for care and services from the Department.


Legislative actions:
action_date: 2004-10-09
text: See also H.R. 3936.
action_date: 2004-10-09
text: Returned to the Calendar. Calendar No. 718.
action_date: 2004-10-09
text: Senate passed companion measure H.R. 3936 in lieu of this measure by Unanimous Consent.
action_date: 2004-10-09
text: Senate incorporated this measure in H.R. 3936 as an amendment.
action_date: 2004-10-09
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2004-10-09
text: Measure laid before Senate by unanimous consent. (consideration: CR S10997-11007; text of measure as reported in Senate: CR S10997-11003)
action_date: 2004-09-27
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 718.
action_date: 2004-09-27
text: Committee on Veterans' Affairs. Reported by Senator Specter with an amendment in the nature of a substitute and an amendment to the title. With written report No. 108-358.
action_date: 2004-09-27
text: Committee on Veterans' Affairs. Reported by Senator Specter with an amendment in the nature of a substitute and an amendment to the title. With written report No. 108-358.
action_date: 2004-07-20
text: Committee on Veterans' Affairs. Ordered to be reported with amendments favorably.
action_date: 2004-06-22
text: Committee on Veterans' Affairs. Hearings held.
action_date: 2004-06-01
text: Referred to the Committee on Veterans' Affairs. (text of measure as introduced: CR S6286-6288)
action_date: 2004-06-01
text: Sponsor introductory remarks on measure. (CR S6286)
action_date: 2004-06-01
text: Introduced in Senate