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Republican FL 1

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  • Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013

    by Representative Jeff Miller

    Posted on 2013-12-10

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    Read More about Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013

    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.

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