[Congressional Record (Bound Edition), Volume 158 (2012), Part 10]
[House]
[Pages 14333-14336]
[From the U.S. Government Publishing Office, www.gpo.gov]




VA MAJOR CONSTRUCTION AUTHORIZATION AND EXPIRING AUTHORITIES EXTENSION 
                              ACT OF 2012

  Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 6375) to authorize certain Department of Veterans 
Affairs major medical facility projects and leases, to amend title 38, 
United States Code, to extend certain authorities of the Secretary of 
Veterans Affairs, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6375

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

[[Page 14334]]



     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``VA Major 
     Construction Authorization and Expiring Authorities Extension 
     Act of 2012''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Scoring of budgetary effects.

                  TITLE I--CONSTRUCTION AUTHORIZATIONS

Sec. 101. Authorization of fiscal year 2013 major medical facility 
              projects.
Sec. 102. Authorization of major medical facility project in Miami, 
              Florida.
Sec. 103. Authorization of appropriations.

          TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES

Sec. 201. Extension of authority to calculate the net value of real 
              property securing a defaulted loan for purposes of 
              liquidation.
Sec. 202. Extension of authority for operation of the Department of 
              Veterans Affairs regional office in Manila, the Republic 
              of the Philippines.
Sec. 203. Extension of authority to provide treatment, rehabilitation, 
              and certain other services for seriously mentally ill and 
              homeless veterans.
Sec. 204. Extension of authority to provide expanded services to 
              homeless veterans.
Sec. 205. Extension of authority to provide housing assistance for 
              homeless veterans.
Sec. 206. Extension of authority for the Advisory Committee on Homeless 
              Veterans.
Sec. 207. Extension of authority for the performance of medical 
              disability examinations by contract physicians.

     SEC. 2. 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. 3. SCORING OF BUDGETARY EFFECTS.

       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 House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

                  TITLE I--CONSTRUCTION AUTHORIZATIONS

     SEC. 101. AUTHORIZATION OF FISCAL YEAR 2013 MAJOR MEDICAL 
                   FACILITY PROJECTS.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects in fiscal year 2013 
     in the amount specified for each project:
       (1) Construction of a mental health building at the 
     Department of Veterans Affairs Medical Center, Seattle, 
     Washington, in an amount not to exceed $222,000,000.
       (2) Construction of a spinal cord injury center at the 
     Department of Veterans Affairs Medical Center, Dallas, Texas, 
     in an amount not to exceed $155,200,000.

     SEC. 102. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT IN 
                   MIAMI, FLORIDA.

       (a) In General.--The Secretary of Veterans Affairs may 
     carry out the major medical facility project described in 
     subsection (b) in an amount not to exceed a total of 
     $41,000,000.
       (b) Project Described.--The major medical facility project 
     described in this subsection is the renovation of the 
     surgical suite and operating rooms at the Department of 
     Veterans Affairs Medical Center, Miami, Florida.

     SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations for Construction.--
     There is authorized to be appropriated to the Secretary of 
     Veterans Affairs for fiscal year 2013 or the year in which 
     funds are appropriated for the Construction, Major Projects, 
     account $377,200,000 for the projects authorized in section 
     101.
       (b) Limitation.--In addition to any limitations under 
     section 8104 of title 38, United States Code, or other 
     provision of law that apply to the projects authorized in 
     section 101 and 102, such projects may only be carried out 
     using--
       (1) funds appropriated for fiscal year 2013 pursuant to the 
     authorization of appropriations in subsection (a) of this 
     section;
       (2) funds available for Construction, Major Projects, for a 
     fiscal year before fiscal year 2013 that remain available for 
     obligation;
       (3) funds available for Construction, Major Projects, for a 
     fiscal year after fiscal year 2013 that remain available for 
     obligation;
       (4) funds appropriated for Construction, Major Projects, 
     for fiscal year 2013 for a category of activity not specific 
     to a project;
       (5) funds appropriated for Construction, Major Projects, 
     for a fiscal year before 2013 for a category of activity not 
     specific to a project; and
       (6) funds appropriated for Construction, Major Projects, 
     for a fiscal year after 2013 for a category of activity not 
     specific to a project.

          TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES

     SEC. 201. EXTENSION OF AUTHORITY TO CALCULATE THE NET VALUE 
                   OF REAL PROPERTY SECURING A DEFAULTED LOAN FOR 
                   PURPOSES OF LIQUIDATION.

       Section 3732(c)(11) is amended by striking ``October 1, 
     2012'' and inserting ``October 1, 2013''.

     SEC. 202. EXTENSION OF AUTHORITY FOR OPERATION OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS REGIONAL OFFICE 
                   IN MANILA, THE REPUBLIC OF THE PHILIPPINES.

       Section 315(b) is amended by striking ``December 31, 2012'' 
     and inserting ``December 31, 2013''. Such section 315 shall 
     be carried out as amended by this section notwithstanding the 
     date described in section 151 of the Continuing 
     Appropriations Resolution, 2013.

     SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE TREATMENT, 
                   REHABILITATION, AND CERTAIN OTHER SERVICES FOR 
                   SERIOUSLY MENTALLY ILL AND HOMELESS VETERANS.

       Section 2031(b) is amended by striking ``December 31, 
     2012'' and inserting ``December 31, 2013''.

     SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE EXPANDED SERVICES 
                   TO HOMELESS VETERANS.

       Section 2033(d) is amended by striking ``December 31, 
     2012'' and inserting ``December 31, 2013''.

     SEC. 205. EXTENSION OF AUTHORITY TO PROVIDE HOUSING 
                   ASSISTANCE FOR HOMELESS VETERANS.

       Section 2041(c) is amended by striking ``December 31, 
     2012'' and inserting ``December 31, 2013''.

     SEC. 206. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE 
                   ON HOMELESS VETERANS.

       Section 2066(d) is amended by striking ``December 31, 
     2012'' and inserting ``December 31, 2013''.

     SEC. 207. EXTENSION OF AUTHORITY FOR THE PERFORMANCE OF 
                   MEDICAL DISABILITY EXAMINATIONS BY CONTRACT 
                   PHYSICIANS.

       Section 704(c) of the Veterans Benefits Act of 2003 (38 
     U.S.C. 5101 note) is amended by striking ``December 31, 
     2012'' and inserting ``December 31, 2013''.

  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.
  Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I 
might consume.
  This bill, as amended, would authorize certain Department of Veterans 
Affairs major medical facility projects, and it would also extend 
certain expiring authorities.
  It encompasses VA's fiscal year for 2013, for major medical facility 
projects, and already tracks with the resources we have already 
provided to the Department for health care matters in the 
appropriations bill that was passed by the House with bipartisan 
support. It would aid in the delivery of health care to services and to 
servicemembers, veterans, and their families in communities all across 
this country.
  It authorizes two major medical facility projects, the construction 
of a mental health building at the VA Medical Center in Seattle, 
Washington, in an amount not to exceed $222 million, and the 
construction of a spinal cord injury center at the VA Medical Center in 
Dallas, Texas, in an amount not to exceed $155.2 million.
  Section 102 of the bill would authorize the renovation of the 
surgical suite and operating rooms at the Medical Center in Miami, in 
an amount not to exceed $41 million. I would note that this project was 
originally undertaken by the Department in 2007 as two separate minor 
construction projects.
  However, in 2008, the two separate projects were combined into a 
single initiative without the knowledge of VA's central office, or the 
approval, in direct violation of established procedures. The VA 
officials first became aware of this issue in February of this year, 
and in April of this year they determined that the combined project 
constituted a major construction project that had moved forward without 
congressional authorization as required by law.
  Work on the project is currently suspended, at a cost of 
approximately

[[Page 14335]]

$6,000 a day. As soon as our committee became aware of the issue, we 
requested an in-depth briefing from VA officials to get to the bottom 
of the issue and to ensure that the leaders of the VA responsible for 
this egregious oversight were, in fact, held accountable.
  It's really nothing short of unacceptable to this committee and, I 
would hope, to this Congress that this facility had been openly 
flouting VA policy and, more importantly, breaking Federal law for 4 
years without consequence before somebody at VA took notice.
  How many other VA projects have moved forward without regard for 
proper procedure, legal requirements, or congressional authorization; 
and how long has the central office not been paying attention?
  The committee will continue to be vigorous in our oversight. But in 
the meantime, we cannot allow the American taxpayer or the veterans of 
south Florida to suffer because of a bureaucratic failing or lack of 
leadership.
  The Department has proposed using approximately $12.1 million in 
prior-year major construction advance planning funds to complete the 
remainder of the Miami project; and I've been assured repeatedly by VA 
officials that the use of this money will in no way negatively impact 
the planning or design of any other project.
  I've also been assured by the Department that once congressional 
authorization is received, the project can be completed in 120 days. 
I'm hopeful that the Department is correct in its assessment of the 
work that remains and that this provision will allow for the completion 
of this project to better serve the veterans in the Miami area.
  Section 103 of this bill would authorize the appropriation of $377.2 
million for VA major construction projects. Title II of this bill would 
extend expiring authorities for several programs within VA, including 
programs designed to help veterans keep their homes, gain greater 
access to compensation and pension examinations, better serve veterans 
living in the Philippines, and provide supportive services to those who 
are homeless.
  This legislation represents a bipartisan effort; and I'd like to 
express my thanks to the ranking member, Mr. Filner, and Mr. Michaud 
for his hard work and leadership in quickly advancing this important 
legislation to the floor.
  And before I yield, I'd like to point out that the bill before us 
today does not include major medical facility lease authorizations, as 
it normally would, due to concerns raised late last week by the 
Congressional Budget Office about how to properly account for the total 
cost of VA's lease authorization.
  Mr. Speaker, I want to assure our veterans and stakeholders that I am 
committed to working closely with my colleagues in the Senate, the 
administration's Office of Management and Budget, and the Congressional 
Budget Office to find a way forward on those important authorizations 
in the very near future.
  I urge all of my colleagues to join me in support of H.R. 6375, as 
amended.
  I reserve the balance of my time.
  Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
  I'd like to thank my colleagues for the hard work and effort on this 
very important bill as well.
  Each year, as we assess the construction needs of the Department of 
Veterans Affairs, we do so with the safety and health of our veterans 
in mind, as well as fulfilling our statutory requirements to authorize 
major medical facility projects. This is a responsibility that we do 
not take lightly.

                              {time}  1600

  H.R. 6375, the VA Major Construction Authorization and Expiring 
Authorities Extension Act of 2012, would authorize approximately over 
$377 million for major medical facility projects. Specifically included 
is the authorization for a mental health building at the VA Medical 
Center in Seattle, Washington, and for a spinal cord injury facility at 
the VA Medical Center in Dallas, Texas. Mr. Speaker, these 
authorizations provide the Department of Veterans Affairs the ability 
to provide state-of-the-art health care and services to our Nation's 
veterans wherever they choose to live.
  I would like to take a few moments to comment on section 102, which 
provides the authority for the renovation of the surgical suite and the 
operating rooms at the VA Medical Center in Miami, Florida.
  Earlier this year, it was brought to the committee's attention that 
VA was going to need additional authorization to finish the renovation 
of the operating suites in Miami. It is my understanding that, during 
the design phase of the original projects, an assessment was conducted, 
and the recommendation was to completely close down the surgical suite 
because of infection control and safety issues related to construction. 
Because of these, two smaller Miami projects were combined, and the 
cost exceeded the monetary threshold of $10 million that governs the 
need to seek congressional authority. Working in a bipartisan manner, 
with the concerns for the safe continuation of surgery in the Miami VA 
Medical Center always first and foremost in our minds, we have included 
this project so that VA can move forward without delay.
  In addition to major facility projects, H.R. 6375 provides for the 
extension of certain expiring authorities. I am pleased to strongly 
support the extensions of the programs that directly affect some of our 
most vulnerable veterans--the serious mentally ill and homeless. 
Finally, Mr. Speaker, we have also included an extension of VA's 
contract authority with private providers of compensation and pension 
exams.
  I support these provisions, but I also want to ensure that we remain 
vigilant in our oversight of this authority. As such, I am pleased to 
see 1-year extensions of these authorities, and I urge my colleagues to 
support H.R. 6375.
  I reserve the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, we have no more speakers on this 
particular piece of legislation.
  Mr. MICHAUD. Mr. Speaker, in closing, I would encourage my colleagues 
on both sides of the aisle to support this particular piece of 
legislation, which is very important for our veterans.
  I would be remiss, though, if I didn't say that, like my colleague 
from New York earlier, I am disappointed that we are leaving Washington 
when we have a lot of work to do, such as the middle class tax cuts, 
the farm bill, the Violence Against Women Act, and responsible deficit 
reduction, as well as my bill that addresses the issue of our military, 
members of which are supposed to be clothed from head to toe with 
American-made clothing. The fact that the administration is not 
complying with the Berry amendment is very disappointing. Hopefully, we 
will be able to address these issues before the end of the year so that 
we can take care of a lot of the concerns that my constituents have 
brought forth.
  With that, I yield back the balance of my time.


                             General Leave

  Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks on H.R. 6375, 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 appreciate my colleague for 
helping to point out the fact that the Senate, itself, has not acted on 
many of the pieces of legislation that, in fact, this House has passed 
and sent over to it. It is a shame that, for the last 3 years, they 
have not taken up such good legislation.
  With that, I thank my colleagues once again for their support, and I 
yield back the balance of my time.
  Ms. BROWN of Florida. Mr. Speaker, I rise today in support of this 
long overdue legislation. Among many worthy projects included in this 
legislation, this bill authorizes the uncompleted construction on the 
operating rooms at the Miami VA Medical Center.
  Every month this construction is delayed, the VA has to pay an 
additional $500,000 for a portable operating room. Since this was first

[[Page 14336]]

brought to our attention in May, that will be over $2.5 million as of 
the end of this month. That is $2,500,000 that could better be spent on 
the veterans of Florida for their care and comfort.
  This project is over 95 percent completed. This bill needs to be 
passed now.
  I want to thank the Chairman of the Veterans' Committee, Mr. Miller 
for his help in getting the issue included in a vehicle that could pass 
both the House and the Senate. There is a dire need for this Medical 
Center to be whole, with veterans from all over the State of Florida 
traveling there for treatment.
  The original plan for this project was to divide the operating room 
in half and renovate it in stages. When I visited the Medical Center in 
June, I heard directly from the administrators of the facility about 
the project. The planners on the ground realized soon after the 
construction began that patients could have been put at risk due to 
contamination of the operating room by the construction on the other 
side of the room.
  Veterans health was being put at risk, and rather than let that 
happen, it was decided, by those who know veterans health the best, 
those at the health facilities, to combine the projects into one and 
rent the portable operating rooms.
  It is time for Congress to pass this bill and finish the construction 
in Miami that our veterans deserve through their service protecting the 
freedoms this nation hold so dear.
  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. 6375, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to authorize certain 
Department of Veterans Affairs major medical facility projects, to 
amend title 38, United States Code, to extend certain authorities of 
the Secretary of Veterans Affairs, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________