[Congressional Record Volume 142, Number 116 (Thursday, August 1, 1996)]
[Senate]
[Pages S9432-S9433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SIMPSON (by request):
  S. 2011. A bill to ensure that appropriated funds are not used for 
operation of golf courses on real property controlled by the Department 
of Veterans Affairs; to the Committee on Veterans' Affairs.


                      veterans affairs legislation

  Mr. SIMPSON. Mr. President, as chairman of the Veterans' Affairs 
Committee, I have today introduced, at the request of the Secretary of 
Veterans Affairs, S. 2011, a bill relating to the use of appropriated 
funds for the operation and maintenance of golf courses on real 
property controlled by the Department of Veterans Affairs. The 
Secretary of Veterans Affairs submitted this legislation to the 
President of the Senate by letter dated June 20, 1996.
  My introduction of this measure is in keeping with the policy which I 
have adopted of generally introducing--so that there will be specific 
bills to which my colleagues and others may direct their attention and 
comments--all administration-proposed draft legislation referred to the 
Veterans' Affairs Committee. Thus, I reserve the right to support or 
oppose the provisions of, as well as any amendment to, this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record, together with the transmittal letter and the 
enclosed analysis of the draft legislation.
  There being no objection, the materials were ordered to be printed in 
the Record, as follows:

                                S. 2011

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, That
       Sec. 2. (a) The Secretary of Veterans Affairs shall ensure 
     that no funds appropriated by Congress are used for the 
     maintenance and operation of golf courses on real property 
     within the control of the Department of Veterans Affairs.
       (b) Notwithstanding any other provision of law, the 
     Secretary may provide for the maintenance and operation of 
     golf courses on real property within the control of the 
     Department by--
       (1) entering into leases or other arrangements for a period 
     not to exceed 20 years with (i) Department of Veterans 
     Affairs employee associations; (ii) other nonFederal 
     nonprofit organizations; or (iii) private entities; or

[[Page S9433]]

       (2) entering into enhanced use leases under section 8162 of 
     the title 38, United States Code, without regard to sections 
     8163 and 8168 of title 38, United States Code.
       (c) In making any arrangement under subsection (b), the 
     Secretary shall, to the extent the Secretary considers 
     appropriate, seek to provide for therapeutic work 
     opportunities for VA patients and members participating in 
     programs authorized by section 1718 of title 38, United 
     States Code.
       (d) Notwithstanding any other provision of law, funds 
     generated in connection with the use of real property within 
     the control of the Department of Veterans Affairs that is 
     used for a golf course shall be retained by the Department 
     for such uses as the Secretary deems appropriate.
       (e) The Secretary of Veterans Affairs shall, before leasing 
     a golf course on real property within the control of the 
     Department, consider the option of excessing the golf course 
     to the General Services Administration so that the property 
     can be screened for redeployment by another Executive Agency.
                                                                    ____


                                Analysis

       The draft bill contains the enactment section, which is 
     section one, and a section two which contains five 
     subsections.
       Subsection (a) prohibits the Secretary of Veterans Affairs 
     from using funds appropriated by the Congress for the 
     maintenance and operation of golf courses at VA health care 
     facilities.
       Subsection (b) would authorize the Secretary to provide for 
     the maintenance and operation of golf courses at VA health 
     care facilities by leasing the property to VA employee 
     associations or other non-Federal nonprofit organizations. 
     Examples of other nonprofit organizations are a local 
     government, or a veterans service organization. Subsection 
     (b) would also authorize the Secretary to enter into enhanced 
     use leases of golf course properties without regard to 
     limitations set forth in section 8163 and 8168 of title 38, 
     United States Code. Section 8168 limits the number of 
     enhanced use leases the Secretary may enter into, and could 
     be a barrier to the leasing of the golf courses. Section 8163 
     establishes a process by which properties are designated for 
     enhanced use leasing. It is unnecessary to follow that 
     process for the golf courses as the bill itself designates 
     the properties subject to such leasing.
       Subsection (c) would provide that in exercising the 
     authority in subsection (b) to make arrangements for the 
     operation of golf courses, the Secretary may, if appropriate, 
     seek to provide for therapeutic work opportunities for 
     patients. Thus, for example, the Secretary might include in a 
     lease, a provision calling for the lessor to enter into an 
     arrangement with a VA compensated work therapy program to 
     have patients perform golf course maintenance.
       Subsection (d) would permit VA to retain any funds 
     generated by VA real property used as a golf course.
       Subsection (e) would require the Secretary, before leasing 
     the property, to consider excessing the property for use by 
     another Executive Agency.
                                                                    ____



                            The Secretary of Veterans Affairs,

                                    Washington, DC, June 20, 1996.
     Hon. Al Gore,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: There is transmitted herewith a draft 
     bill, ``To ensure that no appropriated funds are used for the 
     operation and maintenance of golf courses on real property 
     controlled by the Department of Veterans Affairs.'' We 
     request that it be referred to the appropriate committee for 
     prompt consideration and enactment.
       For many years VA has operated golf courses at a number of 
     its medical facilities to provide patient therapy and 
     recreation. Generally, these golf courses were in existence 
     at the hospital facilities at the time the Department 
     acquired the facilities. The courses are often quite small 
     with only 9-holes, and are located at facilities with large 
     psychiatric patient populations. Currently 22 VA golf courses 
     exist.
       VA can no longer justify the expenditure of medical care 
     appropriations for the operation of golf courses. Scarce 
     resources used for maintenance and operation of the courses 
     can be more appropriately used for the direct provision of 
     medical care to veterans. In some instances opportunities may 
     exist to use the property more appropriately. In other 
     instances, continued operation of a golf course may be 
     warranted, but a better mechanism may exist for maintaining 
     and operating the course. Accordingly, the Department has 
     determined that it will no longer directly operate golf 
     courses using appropriated funds.
       In the last several months, the Department has looked at 
     various mechanisms for divesting itself of golf course 
     operations. However, legal impediments exist to pursuing some 
     options. The enclosed draft bill would statutorily authorize 
     the Secretary to provide for the maintenance and operation of 
     golf courses in various ways without using any appropriated 
     funds.
       The draft bill would prohibit the use of appropriated funds 
     to operate golf courses, and would provide specific 
     mechanisms for continuing golf course operations. The bill 
     would permit the Secretary to lease or make other 
     arrangements with VA employee associations or other non-
     federal nonprofit entities to have them operate the 
     courses. Such a nonprofit entity might include the local 
     community where the VA facility is located. The bill would 
     also allow the Secretary to arrange for operation of a 
     course by a private organization. Finally, it would also 
     authorize VA to enter into enhanced use leases of golf 
     course properties.
       Another provision in the bill would provide that in making 
     arrangements for operation of golf courses, the Secretary 
     should, if appropriate, seek to provide for therapeutic work 
     opportunities for VA patients. VA compensated work therapy 
     programs are always searching for ways to provide certain 
     patients with therapeutic work. In the lease of a golf 
     course, it might be possible to require the lessee to make an 
     arrangement with a VA work therapy program to use patient 
     workers. Finally, the bill would require the Secretary to 
     consider divesting golf courses altogether before entering 
     into lease arrangements.
       This bill would affect direct spending and receipts; 
     therefore, it is subject to the pay-as-you-go requirement of 
     the Omnibus Budget Reconciliation Act of 1990. OMB estimates 
     that the pay-as-you-go effect of this proposal is zero.
       The Office of Management and Budget advises that there is 
     no objection to the submission of this draft bill from the 
     standpoint of the Administration's program.
           Sincerely yours,
                                                      Jesse Brown.
                                 ______