[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5815 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5815
To authorize major medical facility projects and major medical facility
leases for the Department of Veterans Affairs for fiscal years 2006 and
2007, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2006
Mr. Brown of South Carolina (for himself and Mr. Michaud) introduced
the following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To authorize major medical facility projects and major medical facility
leases for the Department of Veterans Affairs for fiscal years 2006 and
2007, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Veterans Affairs Medical Facility Authorization Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of major medical facility project, Biloxi and
Gulfport, Mississippi.
Sec. 3. Authorization of design, construction, and operation of major
medical facility project, New Orleans,
Louisiana.
Sec. 4. Authorization of design, construction, and operation of a major
medical facility project, Charleston, South
Carolina.
Sec. 5. Authorization of site purchase for major medical facility
project, replacement site, Denver Colorado.
Sec. 6. Extension of authorization for certain major medical facility
construction projects previously authorized
in connection with Capital Asset
Realignment Initiative.
Sec. 7. Authorization of major medical facility leases.
Sec. 8. Authorization of appropriations.
Sec. 9. Sense of Congress and report on option for medical facility
improvements in San Juan, Puerto Rico.
Sec. 10. Land conveyance, city of Fort Thomas, Kentucky.
Sec. 11. Establishment within the Department of Veterans Affairs of a
career position responsible for Department-
wide construction and facilities
management.
Sec. 12. Business plans for enhanced access to outpatient care in
certain rural areas.
SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT, BILOXI AND
GULFPORT, MISSISSIPPI.
(a) Project Authorization.--The Secretary of Veterans Affairs may
carry out a major medical facility project for restoration of the
Department of Veterans Affairs Medical Center, Biloxi, Mississippi, and
consolidation of services performed at the Department of Veterans
Affairs Medical Center, Gulfport, Mississippi.
(b) Cost Limitation.--The project authorized by subsection (a)
shall be carried out in an amount not to exceed $310,000,000.
(c) Requirement for Joint-Use Facility.--The project authorized by
subsection (a) may only be carried out as part of a joint-use facility
shared by the Department of Veterans Affairs with Keesler Air Force
Base, Biloxi, Mississippi.
SEC. 3. AUTHORIZATION OF DESIGN, CONSTRUCTION, AND OPERATION OF MAJOR
MEDICAL FACILITY PROJECT, NEW ORLEANS, LOUISIANA.
(a) Agreement Authorized.--The Secretary of Veterans Affairs may
enter into an agreement with the Louisiana State University to design,
construct, and operate a co-located, joint-use medical facility in New
Orleans to replace the medical center facility for the Department of
Veterans Affairs Medical Center, New Orleans, Louisiana, damaged by
Hurricane Katrina in August 2005.
(b) Cost Limitation.--Advance planning and design for a co-located,
joint-use medical facility in New Orleans under subsection (a) shall be
carried out in an amount not to exceed $100,000,000.
SEC. 4. AUTHORIZATION OF DESIGN, CONSTRUCTION, AND OPERATION OF A MAJOR
MEDICAL FACILITY PROJECT, CHARLESTON, SOUTH CAROLINA.
(a) Agreement Authorized.--The Secretary of Veterans Affairs may
enter into an agreement with the Medical University of South Carolina
to design, construct, and operate a co-located joint-use medical
facility in Charleston, South Carolina, to replace the Ralph H. Johnson
Department of Veterans Affairs Medical Center, Charleston, South
Carolina.
(b) Cost Limitation.--Advance planning and design for a co-located,
joint-use medical facility in Charleston, South Carolina, under
subsection (a) shall be carried out in an amount not to exceed
$70,000,000.
SEC. 5. AUTHORIZATION OF SITE PURCHASE FOR MAJOR MEDICAL FACILITY
PROJECT, REPLACEMENT SITE, DENVER COLORADO.
(a) Authorization.--The Secretary of Veterans Affairs may enter
into an agreement to purchase a site for the replacement of the
Department of Veterans Affairs Medical Center, Denver, Colorado, in an
amount not to exceed $98,000,000.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report identifying and outlining the various options
available to the Department for replacing the current Department of
Veterans Affairs Medical Center, Denver, Colorado. The report shall
include the following:
(1) The feasibility of entering into a partnership with a
Federal, State, or local governmental agency, or a suitable
non-profit organization, for the construction and operation of
a new facility.
(2) The medical, legal, and financial implications of each
of the options identified, including recommendations regarding
any statutory changes necessary for the Department to carry out
any of the options identified.
(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
SEC. 6. EXTENSION OF AUTHORIZATION FOR CERTAIN MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED IN CONNECTION
WITH CAPITAL ASSET REALIGNMENT INITIATIVE.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects, with each such project to be carried out in
the amount specified for that project:
(1) Construction of an outpatient clinic and regional
office at the Department of Veterans Affairs Medical Center,
Anchorage, Alaska, in an amount not to exceed $75,270,000.
(2) Consolidation of clinical and administrative functions
of the Department of Veterans Affairs Medical Center,
Cleveland, Ohio, and the Department of Veterans Affairs Medical
Center, Brecksville, Ohio, in an amount not to exceed
$102,300,000.
(3) Construction of the extended care building at the
Department of Veterans Affairs Medical Center, Des Moines,
Iowa, in an amount not to exceed $25,000,000.
(4) Renovation of patient wards at the Department of
Veterans Affairs Medical Center, Durham, North Carolina, in an
amount not to exceed $9,100,000.
(5) Correction of patient privacy deficiencies at the
Department of Veterans Affairs Medical Center, Gainesville,
Florida, in an amount not to exceed $85,200,000.
(6) 7th and 8th floor wards modernization addition at the
Department of Veterans Affairs Medical Center, Indianapolis,
Indiana, in an amount not to exceed $27,400,000.
(7) Construction of a new medical center facility at the
Department of Veterans Affairs Medical Center, Las Vegas,
Nevada, in an amount not to exceed $406,000,000.
(8) Construction of an ambulatory surgery/outpatient
diagnostic support center in the Gulf South Submarket of
Veterans Integrated Service Network (VISN) 8 and completion of
Phase I land purchase, Lee County, Florida, in an amount not to
exceed $65,100,000.
(9) Seismic corrections, Buildings 7 and 126, Department of
Veterans Affairs Medical Center, Long Beach, California, in an
amount not to exceed $107,845,000.
(10) Seismic corrections, Buildings 500 and 501, Department
of Veterans Affairs Medical Center, Los Angeles, California, in
an amount not to exceed $79,900,000.
(11) Construction of a new medical center facility,
Orlando, Florida, to be located at the site in Lake Nona known
as site selection C, which is directly south of the interchange
between SR-417 and Lake Nona Boulevard and is part of a science
and research park that is likely to include the proposed campus
of the medical school of the University of Central Florida, in
an amount not to exceed $377,700,000.
(12) Consolidation of campuses at the University Drive and
H. John Heinz III divisions, Pittsburgh, Pennsylvania, in an
amount not to exceed $189,205,000.
(13) Ward upgrades and expansion at the Department of
Veterans Affairs Medical Center, San Antonio, Texas, in an
amount not to exceed $19,100,000.
(14) Construction of a spinal cord injury center,
Department of Veterans Affairs Medical Center, Syracuse, New
York, in an amount not to exceed $77,700,000.
(15) Upgrade essential electrical distribution systems,
Department of Veterans Affairs Medical Center, Tampa, Florida,
in an amount not to exceed $49,000,000.
(16) Expansion of the spinal cord injury center addition,
Department of Veterans Affairs Medical Center, Tampa, Florida,
in an amount not to exceed $7,100,000.
(17) Blind rehabilitation and psychiatric bed renovation
and new construction project, Department of Veterans Affairs
Medical Center, Temple, Texas, in an amount not to exceed
$56,000,000.
SEC. 7. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
(a) Fiscal Year 2006 Leases.--The Secretary of Veterans Affairs may
carry out the following major medical facility leases in fiscal year
2006 at the locations specified, in an amount for each lease not to
exceed the amount specified for that location:
(1) For an outpatient clinic, Baltimore, Maryland,
$10,908,000.
(2) For an outpatient clinic, Evansville, Indiana,
$8,989,000.
(3) For an outpatient clinic, Smith County, Texas,
$5,093,000.
(b) Fiscal Year 2007 Leases.--The Secretary of Veterans Affairs may
carry out the following major medical facility leases in fiscal year
2007 at the locations specified, in an amount for each lease not to
exceed the amount specified for that location:
(1) For an outpatient and specialty care clinic, Austin,
Texas, $6,163,000.
(2) For an outpatient clinic, Lowell, Massachusetts,
$2,520,000.
(3) For an outpatient clinic, Grand Rapids, Michigan,
$4,409,000.
(4) For up to four outpatient clinics, Las Vegas, Nevada,
$8,518,000.
(5) For an outpatient clinic, Parma, Ohio, $5,032,000.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Fiscal Year 2006 Major
Medical Facility Projects.--There is authorized to be appropriated to
the Secretary of Veterans Affairs for fiscal year 2006 for the
Construction, Major Projects, account, a total of $578,000,000, of
which--
(1) $310,000,000 is for the project authorized in section
2;
(2) $100,000,000 is for the advance planning and design
authorized in section 3;
(3) $70,000,000 is for the advanced planning authorized in
section 4; and
(4) $98,000,000 is for the purchase of a site authorized in
section 5.
(b) Authorization of Appropriations for Major Medical Facility
Projects Under Capital Asset Realignment Initiative.--There is
authorized to be appropriated for the Secretary of Veterans Affairs for
fiscal year 2007 for the Construction, Major Projects, account,
$1,758,920,000 for the projects specified in section 6.
(c) Authorization of Appropriations for Major Medical Facility
Leases.--
(1) Fiscal year 2006 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2006 for the Medical Care account, $24,990,000 for the
leases authorized in section 7(a).
(2) Fiscal year 2007 leases.--There is authorized to be
appropriated for the Secretary of Veterans Affairs for fiscal
year 2007 for the Medical Care account, $26,642,000 for the
leases authorized in section 7(b).
(d) Limitation.--The projects authorized in sections 2, 3, 4, 5,
and 6 may only be carried out using--
(1) funds appropriated for fiscal year 2006 or 2007
pursuant to the authorization of appropriations in subsections
(a), (b), and (c);
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2006 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2006 or 2007 that are available
for obligation; and
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2006 or 2007 for a category of activity not
specific to a project.
SEC. 9. SENSE OF CONGRESS AND REPORT ON OPTION FOR MEDICAL FACILITY
IMPROVEMENTS IN SAN JUAN, PUERTO RICO.
(a) Sense of Congress.--Recognizing that concern for the need for
medical facility improvements in San Juan, Puerto Rico, is not being
adequately addressed, it is the sense of Congress that the Secretary of
Veterans Affairs should take steps to explore all options for
addressing that concern, including the option of a public/private
partnership to construct and operate a facility that would replace the
current Department of Veterans Affairs medical center in San Juan,
Puerto Rico.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report identifying and outlining the various options
available to the Department for replacing the current Department of
Veterans Affairs Medical Center, San Juan, Puerto Rico. The report
shall include the following:
(1) The feasibility of entering into a partnership with a
Federal, Commonwealth, or local governmental agency, or a
suitable non-profit organization, for the construction and
operation of a new facility.
(2) The medical, legal, and financial implications of each
of the options identified, including recommendations regarding
any statutory changes necessary for the Department to carry out
any of the options identified.
(3) A detailed cost-benefit analysis of each of the options
identified.
(4) Estimates regarding the length of time and associated
costs needed to complete such a facility under each of the
options identified.
SEC. 10. LAND CONVEYANCE, CITY OF FORT THOMAS, KENTUCKY.
(a) Conveyance Authorized.--The Secretary of Veterans Affairs may
convey to the city of Fort Thomas, Kentucky (in this section referred
to as the ``City''), all right, title, and interest of the United
States in and to a parcel of real property, including the 15 structures
located thereon, consisting of approximately 11.75 acres that is
managed by the Department of Veterans Affairs and located in the
northeastern portion of Tower Park in Fort Thomas, Kentucky. Any such
conveyance shall be subject to valid existing rights, easements, and
rights-of-way.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the City shall pay to the United States an amount equal
to the fair market value of the conveyed real property, as determined
by the Secretary.
(c) Treatment of Consideration.--The consideration received under
subsection (b) shall be deposited, at the discretion of the Secretary,
in the ``Medical facilities'' account or the ``Construction, minor
projects'' account (or a combination of those accounts) and shall be
available to the Secretary, without limitation and until expended--
(1) to cover costs incurred by the Secretary associated
with the environmental remediation of the real property before
conveyance under subsection (a); and
(2) with any funds remaining after the Secretary has
covered costs as required under paragraph (1), for acquisition
of a site for use as a parking facility, or contract (by lease
or otherwise) for the operation of a parking facility, to be
used in connection with the Department of Veterans Affairs
Medical Facility, Cincinnati, Ohio.
(d) Release From Liability.--Effective on the date of the
conveyance under subsection (a), the United States shall not be liable
for damages arising out of any act, omission, or occurrence relating to
the conveyed real property, but shall continue to be liable for damages
caused by acts of negligence committed by the United States or by any
employee or agent of the United States before the date of conveyance,
consistent with chapter 171 of title 28, United States Code.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to reimburse
the Secretary for costs incurred by the Secretary, to carry out
the conveyance under subsection (a), including survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance. If amounts are
collected from the City in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover the costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Secretary considers necessary to protect
the interests of the United States.
SEC. 11. ESTABLISHMENT WITHIN THE DEPARTMENT OF VETERANS AFFAIRS OF A
CAREER POSITION RESPONSIBLE FOR DEPARTMENT-WIDE
CONSTRUCTION AND FACILITIES MANAGEMENT.
(a) Establishment of Position.--Chapter 3 of title 38, United
States Code, is amended by inserting after section 312 the following
new section:
``Sec. 312A. Director, Construction and Facilities Management
``(a) Career Position.--There is in the Department the position of
Director, Construction and Facilities Management. The position of
Director, Construction and Facilities Management, is a career position
with responsibility for construction and facilities management across
the Department, including responsibility for all major and minor
construction projects. The individual appointed as Director shall be
appointed by the Secretary and shall provide direct support to the
Secretary and report to the Deputy Secretary of the Department.
``(b) Qualifications.--The individual appointed to the position of
Director, Construction and Facilities Management, shall be an
individual who--
``(1) holds an undergraduate or master's degree in
architectural design or engineering; and
``(2) has substantive professional experience in the area
of construction project management.
``(c) Responsibilities.--The individual appointed to the position
of Director, Construction and Facilities Management, shall be
responsible for overseeing and managing the planning, design,
construction, and facilities operation, including infrastructure, of
the Department's major and minor construction projects and performing
such other functions as the Secretary prescribes. Such oversight and
management responsibilities shall include each of the following:
``(1) Developing and updating short and long-range
strategic capital investment strategies and plans.
``(2) Planning, designing, and building facilities,
determining architectural and engineering requirements as well
as ensuring compliance with all applicable laws relating to the
Department's construction program.
``(3) Overseeing and managing the construction of
Department facilities.
``(4) Managing the Department's short and long-term leasing
activity.
``(5) Repairing and maintaining the Department's
facilities, including custodial services, building management
and administration, and maintenance of roads, grounds, and
infrastructure.
``(6) Managing the procurement and acquisition processes,
including contract award related to design, construction,
furnishing, and supplies and equipment.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
312 the following new item:
``312A. Director, Construction and Facilities Management.''.
SEC. 12. BUSINESS PLANS FOR ENHANCED ACCESS TO OUTPATIENT CARE IN
CERTAIN RURAL AREAS.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a business plan for enhanced access to outpatient care
(as described in subsection (b)) for primary care, mental health care,
and specialty care in each of the following areas:
(1) The Lewiston-Auburn area of Maine.
(2) The area of Houlton, Maine.
(3) The area of Dover-Foxcroft, Maine.
(4) Whiteside County, Illinois.
(b) Means of Enhanced Access.--The means of enhanced access to
outpatient care to be covered by the business plans under subsection
(a) are, with respect to each area specified in that subsection, one or
more of the following:
(1) New sites of care.
(2) Expansions at existing sites of care.
(3) Use of existing authority and policies to contract for
care where necessary.
(4) Increased use of telemedicine.
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