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108th CONGRESS
2d Session
S. 2485
To amend title 38, United States Code, to improve and enhance the
authorities of the Secretary of Veterans Affairs relating to the
management and disposal of real property and facilities, and for other
purposes.
_______________________________________________________________________
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
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Department of
Veterans Affairs Real Property and Facilities Management Improvement
Act of 2004''.
(b) References to Title 38 United States Code.--Except as otherwise
expressly provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of title 38, United States Code.
SEC. 2. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR RELOCATE SURFACE
PARKING INCIDENTAL TO A CONSTRUCTION OR NON-RECURRING
MAINTENANCE PROJECT.
Section 8109 is amended by adding at the end the following new
subsection:
``(j) Funds in a construction account or capital account that are
available for a construction project or non-recurring maintenance
project may be used for the construction or relocation of a surface
parking lot incidental to such project.''.
SEC. 3. IMPROVEMENTS OF ENHANCED-USE LEASE AUTHORITIES.
(a) Business Plan Criteria.--Section 8162 is amended--
(1) in subsection (a)(2)(B), by striking ``the Under
Secretary for Health for applying the consideration under such
a lease to the provision of medical care and services'' and
inserting ``one of the Under Secretaries for applying the
consideration under such a lease to the programs and activities
of the Department''; and
(2) in subsection (b)(4)(A), by striking ``on the leased
property''.
(b) Consideration of Proposals for Leases.--(1) Section 8163 is
amended--
(A) in subsection (a), by striking the first sentence and
inserting the following new sentence: ``If the Secretary
proposes to enter into an enhanced-use lease with respect to
certain property, the Secretary shall conduct a public hearing
before entering into the lease.'';
(B) in subsection (b), by striking ``of the proposed
designation and of the hearing'' in the matter preceding
paragraph (1) and inserting ``on the proposed lease and the
hearing to the congressional veterans' affairs committees and
to the public''; and
(C) in subsection (c)--
(i) in paragraph (1)--
(I) by striking ``to designate the property
involved'' and inserting ``to enter into an
enhanced-use lease of the property involved'';
and
(II) by striking ``to so designate the
property'' and inserting ``to enter into the
lease'';
(ii) in paragraph (2), by striking ``90-day'' and
inserting ``45-day''; and
(iii) by striking paragraph (4).
(2)(A) The heading of such section is amended to read as follows:
``Sec. 8163. Proposals for property to be leased''.
(B) The table of sections at the beginning of chapter 81 is amended
by striking the item relating to section 8163 and inserting the
following new item:
``8163. Proposals for property to be leased.''.
(c) Disposal Authority.--Section 8164 is amended--
(1) in subsection (a)--
(A) by striking ``by requesting the Administrator
of General Services to dispose of the property pursuant
to subsection (b)''; and
(B) by striking the last sentence;
(2) in subsection (b)--
(A) by striking ``and the Administrator of General
Services jointly determine'' and inserting
``determines''; and
(B) by striking ``and the Administrator consider''
and inserting ``considers''; and
(3) in subsection (c), by striking ``90 days'' and
inserting ``45 days''.
(d) Use of Proceeds.--Section 8165 is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Funds
received'' and inserting ``Except as provided in
paragraph (2), funds received'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Funds received by the Department under an enhanced-use lease
implementing a business plan proposed by the Under Secretary for
Benefits or the Under Secretary for Memorial Affairs and remaining
after any deduction from such funds under subsection (b) shall be
credited to applicable appropriations of the Veterans Benefits
Administration or National Cemetery Administration, as the case may
be.''; and
(D) in paragraph (3), as so redesignated, by
striking ``nursing home revolving fund'' and inserting
``Capital Asset Fund established under section 8122A of
this title'';
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''
(B) in paragraph (1), as so designated, by striking
``for that fiscal year''; and
(C) by adding at the end the following new
paragraph:
``(2) The Secretary may also deduct from the proceeds of any
enhanced-use lease an amount to reimburse applicable appropriations of
the Department for any expenses incurred by the Secretary in the
development of additional enhanced-use leases. Amounts so deducted
shall be utilized to reimburse such appropriations.''; and
(3) by striking subsection (c).
SEC. 4. DISPOSAL OF REAL PROPERTY OF THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--(1) Subchapter II of chapter 81 is amended by
inserting after section 8122 the following new section:
``Sec. 8122A. Disposal of real property
``(a) In General.--(1) To the extent provided in advance in
appropriations Acts, the Secretary may, in accordance with this section
and sections 8122 and 8164 of this title, dispose of real property of
the Department, including land and structures and equipment associated
with such property, that is under the jurisdiction or control of the
Secretary by--
``(A) transfer to or exchange with another department or
agency of the Federal Government;
``(B) conveyance to or exchange with a State or a political
subdivision of a State, an Indian tribe, or other public
entity; or
``(C) conveyance to or exchange with any private person or
entity.
``(2) The Secretary may exercise the authority in paragraph (1)
notwithstanding the following provisions of law:
``(A) Sections 521, 522, and 541 through 545 of title 40.
``(B) Section 501 of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11411).
``(3) In any transfer, exchange, or conveyance of real property
under this subsection, the Secretary shall obtain consideration in an
amount equal to the fair market value of the property, as determined by
the Secretary.
``(b) Treatment of Proceeds.--Proceeds from the transfer, exchange,
or conveyance of real property under subsection (a) shall be deposited
in the Capital Asset Fund under subsection (c).
``(c) Capital Asset Fund.--There is established on the books of the
Treasury of the United States a revolving fund known as the Capital
Asset Fund (in this section referred to as the `Fund').
``(d) Elements of Fund.--The Fund shall consist of the following:
``(1) Amounts authorized to be appropriated to the Fund.
``(2) Proceeds from the transfer, exchange, or conveyance
of real property under subsection (a) that are deposited in the
Fund under subsection (b).
``(3) Funds to be deposited in the Fund under section
8165(a)(3) of this title.
``(4) Any other amounts specified for transfer to or
deposit in the Fund by law.
``(e) Use of Amounts in Fund.--Subject to the provisions of
appropriations Acts, amounts in the Fund shall be available for
purposes as follows and in the following order of priority:
``(1) For costs of the Department in disposing of real
property, including costs associated with demolition,
environmental clean-up, maintenance and repair, improvements to
facilitate disposal, and associated administrative expenses.
``(2) For costs of the Department associated with proposed
disposals of real property of the Department.
``(3) For costs of non-recurring capital projects of the
Department.
``(f) Reports.--The Secretary shall include with the budget
justification documents submitted to Congress each year with the budget
of the President for the fiscal year beginning in such year (as
submitted pursuant to section 1105 of title 31) a report setting forth
the following:
``(1) A statement of each disposal of real property to be
undertaken in such fiscal year that is valued in excess of the
major medical facility project threshold specified in section
8104(a)(3)(A) of this title.
``(2) A description of each disposal of real property that
was completed in the fiscal year ending in the year before such
report is submitted.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 8122 the
following new item:
``8122A. Disposal of real property.''.
(b) Conforming Amendment.--Section 8164(a) is amended in the second
sentence by inserting ``or 1822A'' after ``section 8122''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Veterans Affairs for fiscal year
2005, $10,000,000 for deposit in the Capital Asset Fund under section
1822A(c) of title 38, United States Code (as added by subsection (a)).
SEC. 5. MODIFICATION OF OTHER REAL PROPERTY DISPOSAL AUTHORITIES.
(a) General Limitations on Disposal.--Paragraph (2) of subsection
(a) of section 8122 is amended to read as follows:
``(2) Except as provided in paragraph (3) of this subsection, the
Secretary may not during any fiscal year dispose of real property owned
by the United States and under the jurisdiction and control of the
Secretary that has an estimated value in excess of the major medical
facility project threshold specified in subsection 8104(a)(3)(A) of
this title unless--
``(A) the disposal is described in the budget justification
documents submitted to Congress each year with the budget of
the President for the fiscal year beginning in such year (as
submitted pursuant to section 1105 of title 31);
``(B) the Department receives consideration for the real
property equal to the fair market value of the property, as
determined by the Secretary; and
``(C) the net proceeds of the disposal are deposited in the
Capital Asset Fund under section 8122A(c) of this title.''.
(b) Disposal Procedures.--Subsection (d) of such section is
amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following new paragraphs:
``(2)(A) In the case of property (including land and structures and
equipment associated with such property) that has an estimated value
less than the major medical facility project threshold specified in
section 8104(a)(3)(A) of this title, the Secretary may dispose of the
property if--
``(i) the Secretary notifies the Administrator of General
Services of an intent to dispose of the property; and
``(ii) a period of 30 days elapses after notice under
clause (i) during which period no other department or agency of
the Federal Government expresses an interest in assuming
jurisdiction of the property under the condition of paying the
Secretary the fair market value of the property, as determined
by the Secretary, of the property.
``(B) In disposing of property under subparagraph (A), the
Secretary shall publish a notice of sale in the real estate section of
a local newspaper of general circulation serving the market in which
the property is located.
``(3) In the case of property (including land and structures and
equipment associated with such property) that has an estimated value in
excess of the major medical facility project threshold specified in
section 8104(a)(3)(A) of this title, the Secretary may dispose of the
property if--
``(A) the Secretary complies with subsection (a)(2) with
respect to the property;
``(B) the Secretary--
``(i) notifies the Administrator of General
Services of an intent to dispose of the property;
``(ii) publishes in the Federal Register notice of
an intent to dispose of the property; and
``(iii) notifies the committees of an intent to
dispose of the property;
``(C) a period of 30 days elapses after notice under
subparagraph (B)(i) during which period no other department or
agency of the Federal Government expresses an interest in
assuming jurisdiction of the property under the condition of
paying the Secretary the fair market value of the property, as
determined by the Secretary, of the property; and
``(D) a period of 60 days elapses after notice under
subparagraph (B)(iii).''.
SEC. 6. TERMINATION OF NURSING HOME REVOLVING FUND.
(a) Termination.--(1) Section 8116 is repealed.
(2) The table of sections at the beginning of chapter 81 is amended
by striking the item relating to section 8116.
(b) Conforming Amendment.--Section 8165(a)(3), as redesignated by
section 3(d)(1)(D) of this Act, is further amended by striking
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