Summary: H.R.3936 — 108th Congress (2003-2004)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Public Law No: 108-422 (11/30/2004)

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.