[Congressional Record Volume 159, Number 174 (Tuesday, December 10, 2013)]
[House]
[Pages H7612-H7614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITY LEASE
AUTHORIZATION ACT OF 2013
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 3521) to authorize Department of Veterans Affairs
major medical facility leases, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3521
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 ``Department of Veterans
Affairs Major Medical Facility Lease Authorization Act of
2013''.
SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES.
The Secretary of Veterans Affairs may carry out the
following major medical facility leases at the locations
specified, and in an amount for each lease not to exceed the
amount shown for such location (not including any estimated
cancellation costs):
(1) For a clinical research and pharmacy coordinating
center, Albuquerque, New Mexico, an amount not to exceed
$9,560,000.
(2) For a community-based outpatient clinic, Brick, New
Jersey, an amount not to exceed $7,280,000.
(3) For a new primary care and dental clinic annex,
Charleston, South Carolina, an amount not to exceed
$7,070,250.
(4) For the Cobb County community-based Outpatient Clinic,
Cobb County, Georgia, an amount not to exceed $6,409,000.
(5) For the Leeward Outpatient Healthcare Access Center,
Honolulu, Hawaii, including a co-located clinic with the
Department of Defense and the co-location of the Honolulu
Regional Office of the Veterans Benefits Administration and
the Kapolei Vet Center of the Department of Veterans Affairs,
an amount not to exceed $15,887,370.
(6) For a community-based outpatient clinic, Johnson
County, Kansas, an amount not to exceed $2,263,000.
(7) For a replacement community-based outpatient clinic,
Lafayette, Louisiana, an amount not to exceed $2,996,000.
(8) For a community-based outpatient clinic, Lake Charles,
Louisiana, an amount not to exceed $2,626,000.
(9) For outpatient clinic consolidation, New Port Richey,
Florida, an amount not to exceed $11,927,000.
(10) For an outpatient clinic, Ponce, Puerto Rico, an
amount not to exceed $11,535,000.
(11) For lease consolidation, San Antonio, Texas, an amount
not to exceed $19,426,000.
(12) For a community-based outpatient clinic, San Diego,
California, an amount not to exceed $11,946,100.
(13) For an outpatient clinic, Tyler, Texas, an amount not
to exceed $4,327,000.
(14) For the Errera Community Care Center, West Haven,
Connecticut, an amount not to exceed $4,883,000.
(15) For the Worcester community-based Outpatient Clinic,
Worcester, Massachusetts, an amount not to exceed $4,855,000.
(16) For the expansion of a community-based outpatient
clinic, Cape Girardeau, Missouri, an amount not to exceed
$4,232,060.
(17) For a multispecialty clinic, Chattanooga, Tennessee,
an amount not to exceed $7,069,000.
(18) For the expansion of a community-based outpatient
clinic, Chico, California, an amount not to exceed
$4,534,000.
(19) For a community-based outpatient clinic, Chula Vista,
California, an amount not to exceed $3,714,000.
(20) For a new research lease, Hines, Illinois, an amount
not to exceed $22,032,000.
(21) For a replacement research lease, Houston, Texas, an
amount not to exceed $6,142,000.
(22) For a community-based outpatient clinic, Lincoln,
Nebraska, an amount not to exceed $7,178,400.
(23) For a community-based outpatient clinic, Lubbock,
Texas, an amount not to exceed $8,554,000.
(24) For a community-based outpatient clinic consolidation,
Myrtle Beach, South Carolina, an amount not to exceed
$8,022,000.
(25) For a community-based outpatient clinic, Phoenix,
Arizona, an amount not to exceed $20,757,000.
[[Page H7613]]
(26) For the expansion of a community-based outpatient
clinic, Redding, California, an amount not to exceed
$8,154,000.
(27) For the expansion of a community-based outpatient
clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200.
SEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS
MAJOR MEDICAL FACILITIES LEASES.
(a) Findings.--Congress finds the following:
(1) Title 31, United States Code, requires the Department
of Veterans Affairs to record the full cost of its
contractual obligation against funds available at the time a
contract is executed.
(2) Office of Management and Budget Circular A-11 provides
guidance to agencies in meeting the statutory requirements
under title 31, United States Code, with respect to leases.
(3) For operating leases, Office of Management and Budget
Circular A-11 requires the Department of Veterans Affairs to
record up-front budget authority in an ``amount equal to
total payments under the full term of the lease or [an]
amount sufficient to cover first year lease payments plus
cancellation costs''.
(b) Requirement for Obligation of Full Cost.--Subject to
the availability of appropriations provided in advance, in
exercising the authority of the Secretary of Veterans Affairs
to enter into leases provided in this Act, the Secretary
shall record, pursuant to section 1501 of title 31, United
States Code, as the full cost of the contractual obligation
at the time a contract is executed either--
(1) an amount equal to total payments under the full term
of the lease; or
(2) if the lease specifies payments to be made in the event
the lease is terminated before its full term, an amount
sufficient to cover the first year lease payments plus the
specified cancellation costs.
(c) Transparency.--
(1) Compliance.--Subsection (b) of section 8104 of title
38, United States Code, is amended by adding at the end the
following new paragraph:
``(7) In the case of a prospectus proposing funding for a
major medical facility lease, a detailed analysis of how the
lease is expected to comply with Office of Management and
Budget Circular A-11 and section 1341 of title 31 (commonly
referred to as the `Anti-Deficiency Act'). Any such analysis
shall include--
``(A) an analysis of the classification of the lease as a
`lease-purchase', `capital lease', or `operating lease' as
those terms are defined in Office of Management and Budget
Circular A-11;
``(B) an analysis of the obligation of budgetary resources
associated with the lease; and
``(C) an analysis of the methodology used in determining
the asset cost, fair market value, and cancellation costs of
the lease.''.
(2) Submittal to congress.--Such section 8104 is further
amended by adding at the end the following new subsection:
``(h)(1) Not less than 30 days before entering into a major
medical facility lease, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and the House
of Representatives--
``(A) notice of the Secretary's intention to enter into the
lease;
``(B) a copy of the proposed lease;
``(C) a description and analysis of any differences between
the prospectus submitted pursuant to subsection (b) and the
proposed lease; and
``(D) a scoring analysis demonstrating that the proposed
lease fully complies with Office of Management and Budget
Circular A-11.
``(2) Each committee described in paragraph (1) shall
ensure that any information submitted to the committee under
such paragraph is treated by the committee with the same
level of confidentiality as is required by law of the
Secretary and subject to the same statutory penalties for
unauthorized disclosure or use as the Secretary.
``(3) Not more than 30 days after entering into a major
medical facility lease, the Secretary shall submit to each
committee described in paragraph (1) a report on any material
differences between the lease that was entered into and the
proposed lease described under such paragraph, including how
the lease that was entered into changes the previously
submitted scoring analysis described in subparagraph (D) of
such paragraph.''.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to in any
way relieve the Department of Veterans Affairs from any
statutory or regulatory obligations or requirements existing
prior to the enactment of this section and such amendments.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Committee on the Budget of the House of
Representatives, as long as such statement has been submitted
prior to the vote on passage of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in which to revise and extend their
remarks on H.R. 3521, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3521, the Department of Veterans Affairs Major
Medical Facility Lease Authorization Act of 2013, as amended, would
authorize 27 major medical facility leases requested by VA in the
fiscal year 2013 and 2014 budget submissions.
It would also make a number of congressional findings and establish
certain requirements for the budgetary treatment of such leases to
ensure that the legislation itself meets both the spirit and the intent
of the House CutGo rule.
As we all know, when the committee was considering legislation to
authorize VA's major medical facility leases last year, the
Congressional Budget Office raised concerns about how to properly
account for VA's lease authorizations.
In response to CBO concerns, section 3 of the bill would require VA
to record an obligation at the time a contract is signed in an amount
equal to either the total payment that would be made under its full
term or an amount equal to the sum of the first annual lease payment
and any specified cancelation costs.
For the last year, I have remained committed to working closely with
VA, CBO, and our colleagues from both sides of the aisle and both sides
of the Capitol to find a way forward for VA's major medical facility
lease program on behalf of the veterans of this country, especially
those in the 27 communities that will be impacted by the leases
included in this piece of legislation.
To that end, I am grateful for the hard work and the leadership of
our ranking member, Mike Michaud of Maine, and the other committee
members in advancing this piece of legislation to the floor.
At this time, I urge all my colleagues to join me in supporting H.R.
3521, as amended, and I reserve the balance of my time.
Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 3521, the Department of Veterans Affairs
Major Medical Facility Lease Authorization Act of 2013.
Mr. Speaker, this bill would authorize a number of major medical
facility leases that will ensure veterans continue to receive care in
safe, efficient, and modern clinics closer to home.
Last year, much to our disappointment, we were unable to pass a lease
authorization bill. As a result, H.R. 3521 contains lease requests for
fiscal years 2013 and 2014. Twenty-seven leases are included in this
bill. From New Jersey to Hawaii, veterans can expect long awaited
expansions to cramped community-based outpatient clinics, new clinical
research space, and sorely needed replacement facilities.
This bill is a bipartisan bill and in the best interest of America's
veterans. I appreciate the efforts of my colleagues across the aisle,
especially Chairman Miller, for the collaborative effort that permitted
this important legislation to move forward.
Mr. Speaker, I know you will agree with me that it is our obligation
to ensure that our veterans are provided the best care possible in a
timely and safe manner. I believe H.R. 3521, as amended, will do just
that.
I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, at this time, I yield 2 minutes
to the gentleman from Florida (Mr. Bilirakis), vice chairman of the
full Committee on Veterans' Affairs, somebody who has been a very
strong supporter of veterans issue since the day he became a Member of
this Congress.
Mr. BILIRAKIS. Mr. Speaker, I rise in support of H.R. 3521, and I
urge all my colleagues to support this important piece of legislation
that will allow the VA to move forward with these 27 leases in order to
better serve the veterans, our true American heroes, across the
country.
[[Page H7614]]
The veterans in and around the Tampa Bay area will be particularly
served by this legislation. The VA recently approved a plan that would
take the currently strained five existing clinics that are spread out
over a large area and consolidate them into a convenient one-stop
facility. This would allow the VA to better meet the growing needs of
the veterans community with diverse health status. However, because of
the technical issues we are solving today, this project had not been
able to move forward.
By passing this bill, the House will allow for not only the
consolidation of our five medical clinics in my congressional district
into one property, but for 26 other equally important projects to move
forward across the country improving access for our heroes. This would
not have been done, Mr. Speaker, without our great chairman here, Mr.
Miller, and our ranking member, Mr. Michaud, so thank you so very much.
I know that our true American heroes, our veterans, appreciate it very
much.
I urge passage of this bill.
{time} 1415
Mr. MICHAUD. Mr. Speaker, I reserve the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from Louisiana (Mr. Boustany), who has been an advocate for
this issue for quite some time and who has two of these facilities in
his district.
Mr. BOUSTANY. I thank the chairman for yielding me this time.
Mr. Speaker, I rise in support of H.R. 3521. I want to applaud
Chairman Jeff Miller and the chairman of the Budget Committee, Paul
Ryan, and their respective staffs on the House Veterans' Affairs
Committee and the Budget Committee for advancing this important bill
and improving veterans' access to medical care.
I also appreciate the work that the two Senators from my home State,
Senators Landrieu and Vitter, have been doing. They have pledged their
support in the Senate, and we hope to get this done before the end of
the year.
This last year, more than 66 Members of Congress signed our
bipartisan, bicameral letter calling for progress on the 27 major
medical facility leases proposed by the Department of Veterans Affairs
during the past 2 years.
Among these leases are two clinics promised by VA Secretary Eric
Shinseki to Lake Charles and Lafayette in my congressional district.
Without congressional authorization of these clinics, more than 3,000
south Louisiana veterans must travel in excess of 3 hours to receive
medical care. A recent CBS Evening News story featured one of these
wounded warriors in south Louisiana who goes without care because his
family must miss work to drive him 3 hours. It is unacceptable.
The American people expect Congress to demonstrate that it can govern
effectively in a bipartisan manner, and this is one way we can do it,
by keeping our promise to our veterans.
The passage of this bill will improve medical access for more than
340,000 veterans in 22 States, and that's why I urge our House and
Senate colleagues to send this bill to the President before the end of
year.
Again, I thank the committee and Chairman Miller for his fine work on
this and for giving me the opportunity to speak.
Mr. MICHAUD. Mr. Speaker, once again I would urge my colleagues to
support H.R. 3521, as amended.
I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, once again I encourage all
Members to support this legislation.
I yield back the balance of my time.
Mr. RYAN of Wisconsin. Mr. Speaker, today, the House will consider
H.R. 3521, the Department of Veterans Affairs Major Medical Facility
Lease Authorization Act of 2013, as Amended. H.R. 3521 authorizes the
Secretary of Veterans Affairs to carry out major medical facility
leases at twenty-seven facilities requested by the Department of
Veterans Affairs in their fiscal year 2013 and 2014 budget requests.
Since 1990, CBO has scored VA's major medical facility leases as
operating leases and estimated the costs as being subject to
appropriation (discretionary). In 2012, after receiving additional
information from the Department of Veterans Affairs, CBO concluded that
VA has been entering into capital leases, or binding obligations for
the full period of the lease. In accordance with OMB Circular A-11 and
the Anti-Deficiency Act, VA is required to obligate the budget
authority upfront for the full amount of these obligations. This
includes budgeting for both the estimated total payments expected to
arise under the full term of the contract or, if the contract includes
a cancellation clause, an amount sufficient to cover the lease payments
for the first year plus an amount sufficient to cover the costs
associated with termination of the contract. Up until this point, VA
has not been properly budgeting for its leases according to the law.
CBO estimates that enacting this bill would provide contract
authority of about $1.4 billion over the ten-year period.
HBC has worked closely with both HVAC and CBO on this issue and has
produced lease authorization language, in addition to report language,
that we believe adequately addresses the legitimate issues CBO raised
with respect to how VA was budgeting for leases.
HBC believes this language forces VA to comply with budgeting laws,
specifically that VA may only enter into binding commitments on behalf
of the U.S. Government once funds have been appropriated for the
purpose of that proposed commitment and that VA must then obligate the
full cost of that commitment at the time it executes the lease. In
addition, the language requires VA to submit to Congress a detailed
analysis on how its leasing practices comply with these laws.
If the VA fails to faithfully execute the requirements in the bill
and to comply with the longstanding laws governing obligations, we will
revisit this issue in the context of future requests for leasing
authority.
With these fiscal protections in place, I fully support H.R. 3521
moving forward to ensure continued access for our veterans to the
highest quality medical care.
Mr. GINGREY of Georgia. Mr. Speaker, I rise today in support of H.R.
3521, the Department of Veterans Affairs Major Medical Facility Lease
Authorization Act, introduced by my good friend and Chairman of the
Veterans Affairs Committee, Mr. Miller. This legislation authorizes the
Secretary of Veterans Affairs to carry out major medical facility
leases at twenty seven facilities--including a facility in Cobb County,
Georgia--that were requested by the Department of Veterans Affairs in
their 2013 and 2014 budget submissions.
A change in Congressional Budget Office (CBO) accounting methods made
the reauthorization of these leases very difficult, but this important
legislation will allow authorization while increasing transparency.
This legislation, however, is about so much more than leases and
definitional changes. This legislation is about ensuring the care of
our veterans, and paying them the debt of gratitude we owe them.
The VA facility in Cobb County served 6,634 unique patients
outpatients in Fiscal Year 2013, providing services in outpatient
treatment, mental health, and lab work. These services are critical,
provide convenience, and reduce driving time for veterans, many of whom
would otherwise be forced to travel 70 miles or more round-trip to
visit the overcrowded Atlanta VA Medical Center. With passage of the
legislation before us today, the VA could authorize a lease for an
expanded facility in Cobb County, one that would serve an estimated
64,000 veterans and provide more access to a greater variety of care.
While mental health services, lab work, and outpatient treatment would
still be provided, the expanded facility is intended to have the
capability to provide eye care, physical and occupational therapy,
radiology, and more.
Mr. Speaker, this legislation is a way forward for that facility and
several more like it across the country. It seeks to expand access to
care for veterans, not bureaucratic federal policies.
Our men and women in uniform--who put their lives on the line to
protect our freedoms--deserve the best care that we can give them. They
deserve quality care that is convenient and accessible. This
legislation provides us with an opportunity today to show our veterans
that we are committed to those goals. I urge my colleagues to join me
in supporting H.R. 3521.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 3521, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MILLER of Florida. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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