```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1740 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1740

  To authorize Department of Veterans Affairs major medical facility 
                    leases, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2013

 Ms. Landrieu introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To authorize Department of Veterans Affairs major medical facility 
                    leases, and for other purposes.

    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.
            (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 
under section 2, 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 the full term of the lease, 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 the following:
                    ``(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.
                    ``(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 later than 30 days before entering into a major 
medical facility lease, the Secretary shall submit to the Committee on 
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs 
of the House of Representatives--
            ``(A) notice of the intention of the Secretary 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 of the Secretary by law and subject to the same statutory 
penalties for unauthorized disclosure or use to which the Secretary is 
subject.
    ``(3) Not later 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 relieve the 
Department of Veterans Affairs from any statutory or regulatory 
obligations or requirements existing prior to the date of the enactment 
of this Act.
                                 <all>
```