[Congressional Record Volume 153, Number 74 (Monday, May 7, 2007)]
[House]
[Pages H4516-H4519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




HOMELESS VETERANS HOUSING AT SEPULVEDA AMBULATORY CARE CENTER PROMOTION 
                                  ACT

  Mr. FILNER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1642) to direct the Secretary of Veterans Affairs to ensure 
that, to the extent possible, an enhanced-use lease for a homeless 
housing project at the Department of Veterans Affairs facility known as 
the Sepulveda Ambulatory Care Center, located in North Hills, 
California, shall provide that such housing project shall be maintained 
as a sober living facility for veterans only, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1642

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Homeless Veterans Housing at 
     Sepulveda Ambulatory Care Center Promotion Act''.

     SEC. 2. ENHANCED USE LEASE FOR SEPULVEDA AMBULATORY CARE 
                   CENTER, DEPARTMENT OF VETERANS AFFAIRS.

       (a) Requirements for Lease.--The Secretary of Veterans 
     Affairs may enter into an enhanced-use lease under section 
     8162 of title 38, United States Code, at the Department 
     facility known as the Sepulveda Ambulatory Care Center (in 
     this Act referred to as the ``Center''), for a homeless 
     housing project, only to the extent, subject to the 
     exceptions provided in subsection (d), that any such lease 
     contains legally enforceable provisions that the tenant under 
     the lease shall comply with the following terms and 
     conditions:
       (1) That the housing project located at the Center shall 
     provide housing exclusively for veterans, as defined in 
     section 101 of title 38, United States Code.
       (2) That such housing project shall be maintained, for the 
     duration of the lease, as a sober living facility.
       (3) That the housing project shall be adequately staffed 
     with health care, counseling, and security personnel, taking 
     into account the ratio of such staff to residents, in order 
     to protect residents of the housing project and of the 
     community, and that the minimum staffing ratios shall be 
     specified in an enforceable provision of the lease.
       (4) That the housing project shall provide housing to not 
     fewer than 150 and not more than 225 residents.
       (b) Consideration of Qualified Organizations.--The 
     Secretary shall consider proposals for the enhanced-use lease 
     under subsection (a) from all organizations determined by the 
     Secretary to be qualified, and which are capable and willing 
     to comply with the terms and conditions described in 
     paragraphs (1), (2), (3), and (4) of subsection (a).
       (c) Selection of Organization.--In the event that there are 
     more than one qualified organizations described in subsection 
     (b) which submit a proposal, the Secretary shall enter into 
     the enhanced-use lease under subsection (a) with the 
     organization that the Secretary determines shall offer the 
     best treatment services, security staffing, and supervision 
     with respect to residents of the housing project. The 
     Secretary shall give preference to entering into such a lease 
     with a qualified organization which has the most experience 
     nationwide in providing housing and treatment for homeless 
     veterans.
       (d) Exceptions.--If the Secretary, after a diligent search, 
     is unable to enter into an enhanced-use lease with a 
     qualified organization containing all of the terms and 
     conditions specified in subsection (a) on or before a date 
     that is 12 months after the date of the enactment of this 
     Act, the Secretary--
       (1) may enter into such a lease with a qualified 
     organization providing that the housing project shall be 
     exclusively for veterans during the duration of the lease, 
     with preference given to an organization which housing 
     project shall provide housing to the highest number of 
     residents not exceeding 225; and
       (2) if, after a diligent search, the Secretary is unable to 
     enter into such a lease with a qualified organization that 
     provides that the housing project shall be exclusively for 
     veterans during the duration of the lease, may enter into 
     such a lease with an organization providing that not less 
     than 80 percent of the residents of the housing project shall 
     be veterans throughout the duration of the lease.

  The SPEAKER pro tempore (Mr. Baird). Pursuant to the rule, the 
gentleman from California (Mr. Filner) and the gentlewoman from Florida 
(Ms. Ginny Brown-Waite) each will control 20 minutes.
  The Chair recognizes the gentleman from California.
  Mr. FILNER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2642. We all know that 
homelessness among veterans is a pervasive problem. Estimates are that 
there are 20,000 to 30,000 homeless veterans in the Los Angeles area 
alone and more than 200,000 probably on the streets of our entire 
Nation. Many of these homeless veterans also have substance abuse 
problems.
  My colleague and friend, Congressman Brad Sherman, has worked with 
veterans in the San Fernando Valley community to mobilize community 
support for veterans-only housing, a project that will use two 
buildings at the VA Sepulveda complex to provide housing and supportive 
services for homeless veterans with substance abuse problems.
  The bill before you will ensure that the Sepulveda veterans 
facilities and resources are used for veterans only. It also provides 
that all qualified housing organizations receive the opportunity to 
compete for the homeless veterans housing project at Sepulveda. Most 
importantly, this bill directs the Secretary of Veterans Affairs to 
ensure that, to the extent possible, an enhanced use lease for a 
homeless housing project at Sepulveda shall be maintained as a sober 
living facility for veterans only with adequate staffing and security.
  Additionally, this bill will ensure that all qualified housing 
organizations receive the opportunity to present competing proposals to 
the VA for a

[[Page H4517]]

homeless veterans project at the Sepulveda Ambulatory Care Center in 
North Hills, California.
  Mr. Speaker, two worthy and good nonprofit organizations, New 
Directions, Incorporated, and their partner, A Community of Friends, 
made a proposal to local VA administrators and local elected officials 
and community representatives to enter into this lease with the VA for 
a veterans-only housing project for recovering substance abusers that 
would in fact be alcohol-free and would have adequate staffing and 
security. All the parties that were brought together by Mr. Sherman 
agreed to these commitments.
  But just last summer, the nonprofits abandoned that proposal and 
sought enhanced-use lease to deliver a project that was substantially 
different than what everyone had agreed to earlier. They took these 
steps after discovering additional funding sources through Housing and 
Urban Development that it believes might be available for this project 
if it opens these facilities to residency by non-veterans and allows 
the use of alcohol.
  Mr. Speaker, how can you begin to help homeless veterans who are 
trying to get their lives together, trying to recover from addictions 
to drugs and alcohol, but putting them in a facility that allows the 
very thing from which they are trying to recover? It does not make any 
sense.
  This bill does not stop the Secretary of the VA from entering into a 
lease, but it does ensure that the Secretary conduct a diligent search 
to find a qualified organization with the experience, efficiency and 
funding sources to deliver a veterans-only, sober living facility and 
to enter into a lease with the organization best suited to deliver the 
projects.
  Mr. Speaker, I urge my colleagues to support passage of H.R. 1642. I 
also ask for their continued support for our Nation's veterans. This 
bill is the least we can do to help ensure our homeless and recovering 
veterans have an environment that allows them to reach their goal, 
clean and sober.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1700

  Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, while I do not oppose H.R. 1642, the Homeless Housing at 
Sepulveda Ambulatory Care Center Promotion Act, I do have some concerns 
about the bill.
  This legislation would require that the enhanced-use lease for a 
homeless veterans housing project at the Sepulveda VA Outpatient Clinic 
provide sober-living housing exclusively for veterans. The bill also 
mandates that the housing project be adequately staffed and provide for 
not fewer than 150, nor more than 250, residents.
  At first glance, this sounds like a reasonable requirement. In fact, 
it is my understanding that the original lease proposal by New 
Directions, which received the support of the local community leaders, 
contained a veterans-only facility with a sober-living campus. However, 
when New Directions sought additional funding through the Housing and 
Urban Development Agency, HUD, due to Federal HUD's governance 
requirements, they could no longer stipulate in the contract that the 
facility would be a veterans-only ``with no alcohol on the premises'' 
facility.
  New Directions is a residential substance abuse and mental health 
treatment program created by a Vietnam veteran and former homeless 
veteran John Keaveney. Since 1991, New Directions has been working in 
conjunction with other service providers and the Department of Veterans 
Affairs to help assist homeless veterans. In 1994, New Directions 
became the first social services agency in the country to provide 
temporary housing and services to homeless female veterans as well as 
family members of veterans.
  To address these issues, Secretary of Veterans Affairs, James 
Nicholson, on March 8, 2007, sent a letter to the New Directions 
administration that would operate the housing under a dry-housing model 
whereby the residents would agree not to use alcohol or intoxicating 
drugs. With more than 20,000 homeless veterans in that area, it was 
anticipated that all of the beds could be filled entirely with 
veterans.
  Mr. Speaker, here is my concern: the Congressional Budget Office in 
their April 30, 2007 cost estimate for this bill stated: ``VA is 
currently in the process of finalizing an enhanced-use lease for the 
Sepulveda facility with a nonprofit organization, New Directions. 
However, New Directions cannot reach the specified conditions in this 
bill. Based on information from VA, CBO expects that under the bill, 
the Department would be required to break off arrangements with New 
Directions and search for qualified organizations, a process that could 
take a few years.''
  New Directions has agreed to operate under a dry-housing model, and 
there is certainly a sufficiently large veterans homeless population in 
the area to virtually guarantee that the facility will be occupied 
entirely with veterans. Yet my colleagues wish to impose this 
legislation which would significantly delay the project.
  Mr. Speaker, I understand why the local community would want this 
legislation. However, H.R. 1642 does not address what happens to the 
hundreds of homeless veterans in the north Los Angeles area who would 
have been helped by this facility while they wait several years for the 
VA to begin this process to enter into a new lease.
  With the passage of this legislation, are these homeless veterans 
still on the street waiting for a lease with better terms? That's the 
question that the American public deserves an answer to.
  I would hope that this body can be offered some assurances that 
temporary provision will be made for the many homeless veterans during 
this hopefully brief period of delay while a new lease is negotiated. 
Then, Mr. Speaker, I would be more comfortable in supporting this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FILNER. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, I appreciate the concerns that the gentlewoman from 
Florida (Ms. Ginny Brown-Waite) raised. I think the concern should be 
directed to the VA Secretary who, if he had asked for a competition on 
proposals, wouldn't be negotiating with just one group.
  I personally have talked to groups that say they would offer 
proposals which would guarantee all veterans and would guarantee sober 
living, and we are convinced it would not take 2 years, but could be 
done rather quickly.
  I think Congressman Sherman can answer with much greater expertise 
and I would yield to him such time as he may consume.
  Mr. SHERMAN. Mr. Speaker, I would like to thank the House for taking 
the time and focusing on an issue that is relevant to just one 
district, namely mine, a facility that is in my district.
  I would like to thank the chairman of the committee for coming out to 
my district and for meeting with veterans and for meeting with those 
who run the VA in our area and for understanding this issue so well; 
and for meeting with the one developer who opposes this bill.
  And I want to thank the gentlelady from Florida for taking her time 
to study an issue that after all just relates to one district and one 
facility.
  Now, let me tell you why we are here. It is a story that I can relate 
briefly.
  A developer came to our community and said they would like to provide 
housing for 150 homeless veterans with substance abuse problems in our 
suburban neighborhood. You can imagine in some communities those who 
believe in NIMBY-ism, ``not in my backyard,'' would have said, oh, take 
care of veterans, but not here. I am proud of my community.
  I had countless meetings. Yes, there were a few naysayers. But 
finally after many meetings, the community was clear, we want to help 
this project. We want to help veterans, particularly those that are 
homeless and suffering from substance abuse problems. We as community 
organizations want to volunteer, our veterans organizations want to 
send people, our employers want to provide jobs, all so homeless 
veterans can get the help they need not only with housing but with 
substance abuse problems.
  What we got in return was a clear statement of three principles: that 
the facility would be for veterans only; that there would be adequate 
staffing ratios set forth in the lease so that as long as the lease 
would run, we would know that it was adequately staffed;

[[Page H4518]]

and, finally, that the facility be clean and sober because it was 
designed for homeless veterans with substance abuse problems. We wanted 
to provide the special environment these veterans need to recover.
  And we assumed that once we as a community urged the VA to go forward 
with a program, they would open it up to a variety of organizations and 
say we've got two empty buildings right here in the City of Los Angeles 
in the North Hills community; come and give us your proposals. Instead, 
something else happened.
  First, for reasons I do not understand, the VA decided to spend a lot 
of time just focused on one developer. Second, that developer, who had 
promised our community, and these promises were reduced to writing, 
that the program would have guaranteed staffing ratios, decided to back 
out of that promise, decided that they would rather not have to provide 
any particular level of funding.
  They had come to us and said the program would be veterans only and 
would be alcohol free. But then they discovered that certain sources of 
funds would be available to them only if it was for general public 
housing; and that in order to get certain sources of funding from HUD, 
they would have to open it up to non-veterans and they would have to 
allow alcohol because in a general housing facility open to all types 
of homeless people, you don't turn to every homeless person and say, We 
will give you a roof, but you can't have a beer.
  So they had to change the proposal from a design to treat homeless 
veterans' abuse problems in the best way possible, to one that was a 
general proposal. And VA headquarters decided they had already had so 
many discussions, it was easier for them, they wanted their statistics 
to look good, they wanted to cut the ribbon on a facility, that they 
would just go down the road and provide a 75-year, rent-free lease on 
valuable land in valuable buildings in the City of Los Angeles to this 
developer, allow non-veterans, allow alcohol use, not require any 
staffing ratios.
  Now, what does my bill provide? It says to the VA: have an open 
process; allow the Salvation Army to submit a proposal; allow U.S. Vets 
to submit a proposal; allow the groups that met with the chairman in my 
district to submit proposals; and do your best to get a facility that 
is veterans only; that has adequate staffing ratios guaranteed; and 
that provides the alcohol-free therapeutic environment these veterans 
need. Do it in less than a year, says the bill. And if for some reason 
you can't find some qualified organization to submit a qualified 
proposal, then go forward. Do your best for veterans, but go forward, 
because we don't want to delay the use of these buildings to provide 
care for veterans for any significant amount of time.
  I am confident that if the VA opens its process that these groups who 
have met with me and who have met with the chairman will come forward.
  Now, I have recently seen a letter that is issued by the one 
organization that does not want an open process. They would rather just 
go ahead and sign a lease. Keep in mind the four issues: staffing; 
alcohol prohibited; veterans only; competitive bidding.
  This comprehensive and long-letter response doesn't deal with the 
staffing issues because there is no reason to sign a 75-year, no-rent 
lease without the VA at least putting in there you will have so much 
staff. This long response does not deal with the issue of alcohol use 
because there is no reason that an organization that wants to help 
homeless veterans with substance abuse problems would allow alcohol 
except for the reason that that opens up funding sources that they 
otherwise don't have.
  Instead, they focus on two other issues. The first is they say legal 
counsel has advised us that restricting the project to veterans only 
would expose us to legal liability. That is their phony argument for 
not having it veterans-only. Why is it phony? I used to be a lawyer. I 
could have advised any client who paid me that they would face legal 
liability if they scratched their nose. The fact is while anybody can 
get sued for anything, any activity, including breathing, can subject 
you to theoretical legal liability, all over this country we have 
veterans-only housing. We have a dozen projects in L.A. County alone.
  And while you can always find a lawyer to say something could subject 
you to possible legal liability, none of these hundreds of veterans-
only housing facilities has been sued.
  What is the real reason? They say we have located funding sources 
that will not allow veterans only. That happens to be true. The 
Salvation Army and U.S. Vets, I am convinced and they are convinced, 
can find the funding sources that will allow for veterans-only 
projects. But this New Directions group has found only the wrong 
funding sources.
  It is true there are many properly funded veterans-only clean and 
sober housing facilities across this country, but it is harder to do 
that kind of project than to do a project that can accept funding from 
those sources dedicated to general public use.
  This may be an issue we in Congress want to look at. We may want to 
make it easier to have veterans housing in this country, to allow 
veterans-only projects that are alcohol-free to compete for the HUD 
money from particular programs, but that is a national issue. The local 
issue is that many organizations can do it right and can get their 
funding from sources that want to fund veterans-only clean and sober 
facilities.
  Now this organization has given me an oral promise that at least 
initially they will only have veterans living there; but it is a 75-
year, rent free, no-competitive bidding contract; and we will have no 
assurance that within years this project will not include both veterans 
and non-veterans.
  This is of such importance to veterans of L.A. County because there 
is valuable land owned by the VA in my district, and even more valuable 
in an adjoining district, and every group with a good cause comes and 
says, Let us use this land for a non-veterans project. Sell this land 
and give us the money and we will help people somewhere.
  But the veterans of L.A. County are very clear.

                              {time}  1715

  Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, will the gentleman 
yield?
  Mr. SHERMAN. I yield to the gentlewoman from Florida.
  Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, first of all, I want 
to commend you for working with the community to establish a homeless 
shelter. Having been a county commissioner, I know how heated those 
public hearings can be when people think that there is going to be a 
homeless shelter anywhere in the county, let alone anywhere near their 
particular residence or business.
  Having a homeless shelter for veterans only is a very, very laudable 
goal, and there is a camaraderie there that I understand where you are 
going with that.
  My question is, do you have any idea how long it would take to go out 
to competitive bid? And also, as you know and when you were practicing 
law you may have participated in this, the unsuccessful bidders very 
often can drag it on ad nauseam because they did not get the bid. Do 
you have any estimate of how long this process would take, because I 
think our goals are mutual of having a facility there for veterans?
  Mr. SHERMAN. I am convinced the goal could be done in months. The 
bill does not provide for a super technical process. It simply says 
invite other groups under this bill to provide competitive bids, and it 
provides an absolute limit of 1 year. So this is a short-term process.
  We already have other groups thinking about making proposals. They 
are reluctant to make proposals until they are asked for it.
  Ms. GINNY BROWN-WAITE of Florida. I thank the gentleman for the 
response.
  Mr. SHERMAN. So what this bill does is it opens the process to 
competitive proposals. It allows other groups like U.S. Vets and the 
Salvation Army to submit proposals. It urges the VA to try to create 
what we always wanted to create--veterans-only, staffing ratios, 
alcohol-free, and it gives them 1 year to do this. I hope they will act 
much, much more quickly, and I will push those other groups to submit 
their proposals very quickly.
  Speaking of quickly, I should end this speech quickly.
  Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I yield back the 
balance of my time.

[[Page H4519]]

  Mr. FILNER. Mr. Speaker, I thank the gentlewoman, and like her, I 
commend the gentleman from California for his tireless work on an issue 
that rarely gets community support, and I am convinced, as he said I 
visited the area, that we will have an up-and-running homeless program 
for veterans with substance abuse in a very short time. It is a place 
where the VA is using its facilities, and it is a great opportunity for 
anybody who wants to help this issue.
  So I thank the gentleman and I thank the gentlewoman.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H.R. 
1642, the ``Homeless Veterans Housing at Sepulveda Ambulatory Care 
Center Promotion Act.''
  America's veterans have risked their lives for their country. They 
deserve the best treatment and support that we can offer them. Despite 
this, homelessness remains a pervasive problem among veterans, with 
many homeless veterans also fighting substance abuse problems. It is 
our responsibility, as our Nation's leaders, to work to ensure they 
receive the assistance they need.
  This bill is an important step toward that goal. The Sepulveda 
Ambulatory Care Center, located in Los Angeles' San Fernando Valley, 
exists to provide care to veterans. It is currently the major 
outpatient facility for the 1.4 million veterans living in northern Los 
Angeles. The Center falls under the purview of the Department of 
Veterans Affairs, and includes education and research facilities, in 
addition to comprehensive ambulatory care. This facility serves a vital 
role for the region's veterans.
  This bill would direct the Secretary of Veterans Affairs to maintain 
a homeless housing project at the Sepulveda Center as a sober living 
facility for veterans only. H.R. 1642 also requires that this housing 
project be provided with adequate staffing and security.
  This legislation is a necessary step in ensuring that our veterans 
receive the support that they need. I strongly support this resolution, 
and I urge my colleagues to do the same.
  Mr. FILNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Baird). The question is on the motion 
offered by the gentleman from California (Mr. Filner) that the House 
suspend the rules and pass the bill, H.R. 1642.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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