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Union Calendar No. 204 

113TH CONGRESS 

1ST SESSION H. R. 3521 

[Report No. 113–284] 

To authorize Department of Veterans Affairs major medical facility leases, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2013 

Mr. MILLER of Florida introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs 

DECEMBER 9, 2013 

Additional sponsors: Mr. BILIRAKIS, Mr. RUNYAN, Mr. MICHAUD, Ms. BROWN

of Florida, Ms. BROWNLEY of California, Mrs. KIRKPATRICK, Mr. 

O’ROURKE, and Mr. BOUSTANY

DECEMBER 9, 2013 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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A BILL 

To authorize Department of Veterans Affairs major medical 

facility leases, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Vet5 erans Affairs Major Medical Facility Lease Authorization 

6 Act of 2013’’. 

7 SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY 

8 LEASES. 

9 The Secretary of Veterans Affairs may carry out the 

10 following major medical facility leases at the locations 

11 specified, and in an amount for each lease not to exceed 

12 the amount shown for such location (not including any es13 timated cancellation costs): 

14 (1) For a clinical research and pharmacy co15 ordinating center, Albuquerque, New Mexico, an 

16 amount not to exceed $9,560,000. 

17 (2) For a community-based outpatient clinic, 

18 Brick, New Jersey, an amount not to exceed 

19 $7,280,000. 

20 (3) For a new primary care and dental clinic 

21 annex, Charleston, South Carolina, an amount not 

22 to exceed $7,070,250. 

23 (4) For the Cobb County community-based 

24 Outpatient Clinic, Cobb County, Georgia, an amount 

25 not to exceed $6,409,000. 


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1 (5) For the Leeward Outpatient Healthcare Ac2 cess Center, Honolulu, Hawaii, including a co-lo3 cated clinic with the Department of Defense and the 

4 co-location of the Honolulu Regional Office of the 

5 Veterans Benefits Administration and the Kapolei 

6 Vet Center of the Department of Veterans Affairs, 

7 an amount not to exceed $15,887,370. 

8 (6) For a community-based outpatient clinic, 

9 Johnson County, Kansas, an amount not to exceed 

10 $2,263,000. 

11 (7) For a replacement community-based out12 patient clinic, Lafayette, Louisiana, an amount not 

13 to exceed $2,996,000. 

14 (8) For a community-based outpatient clinic, 

15 Lake Charles, Louisiana, an amount not to exceed 

16 $2,626,000. 

17 (9) For outpatient clinic consolidation, New 

18 Port Richey, Florida, an amount not to exceed 

19 $11,927,000. 

20 (10) For an outpatient clinic, Ponce, Puerto 

21 Rico, an amount not to exceed $11,535,000. 

22 (11) For lease consolidation, San Antonio, 

23 Texas, an amount not to exceed $19,426,000. 


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1 (12) For a community-based outpatient clinic, 

2 San Diego, California, an amount not to exceed 

3 $11,946,100. 

4 (13) For an outpatient clinic, Tyler, Texas, an 

5 amount not to exceed $4,327,000. 

6 (14) For the Errera Community Care Center, 

7 West Haven, Connecticut, an amount not to exceed 

8 $4,883,000. 

9 (15) For the Worcester community-based Out10 patient Clinic, Worcester, Massachusetts, an amount 

11 not to exceed $4,855,000. 

12 (16) For the expansion of a community-based 

13 outpatient clinic, Cape Girardeau, Missouri, an 

14 amount not to exceed $4,232,060. 

15 (17) For a multispecialty clinic, Chattanooga, 

16 Tennessee, an amount not to exceed $7,069,000. 

17 (18) For the expansion of a community-based 

18 outpatient clinic, Chico, California, an amount not to 

19 exceed $4,534,000. 

20 (19) For a community-based outpatient clinic, 

21 Chula Vista, California, an amount not to exceed 

22 $3,714,000. 

23 (20) For a new research lease, Hines, Illinois, 

24 an amount not to exceed $22,032,000. 


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1 (21) For a replacement research lease, Hous2 ton, Texas, an amount not to exceed $6,142,000. 

3 (22) For a community-based outpatient clinic, 

4 Lincoln, Nebraska, an amount not to exceed 

5 $7,178,400. 

6 (23) For a community-based outpatient clinic, 

7 Lubbock, Texas, an amount not to exceed 

8 $8,554,000. 

9 (24) For a community-based outpatient clinic 

10 consolidation, Myrtle Beach, South Carolina, an 

11 amount not to exceed $8,022,000. 

12 (25) For a community-based outpatient clinic, 

13 Phoenix, Arizona, an amount not to exceed 

14 $20,757,000. 

15 (26) For the expansion of a community-based 

16 outpatient clinic, Redding, California, an amount not 

17 to exceed $8,154,000. 

18 (27) For the expansion of a community-based 

19 outpatient clinic, Tulsa, Oklahoma, an amount not 

20 to exceed $13,269,200. 

21 SEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VET22 ERANS AFFAIRS MAJOR MEDICAL FACILITIES 

23 LEASES. 

24 (a) FINDINGS.—Congress finds the following: 


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1 (1) Title 31, United States Code, requires the 

2 Department of Veterans Affairs to record the full 

3 cost of its contractual obligation against funds avail4 able at the time a contract is executed. 

5 (2) Office of Management and Budget Circular 

6 A–11 provides guidance to agencies in meeting the 

7 statutory requirements under title 31, United States 

8 Code, with respect to leases. 

9 (3) For operating leases, Office of Management 

10 and Budget Circular A–11 requires the Department 

11 of Veterans Affairs to record up-front budget au12 thority in an ‘‘amount equal to total payments under 

13 the full term of the lease or [an] amount sufficient 

14 to cover first year lease payments plus cancellation 

15 costs’’. 

16 (b) REQUIREMENT FOR OBLIGATION OF FULL

17 COST.—Subject to the availability of appropriations pro18 vided in advance, in exercising the authority of the Sec19 retary of Veterans Affairs to enter into leases provided 

20 in this Act, the Secretary shall record, pursuant to section 

21 1501 of title 31, United States Code, as the full cost of 

22 the contractual obligation at the time a contract is exe23 cuted either— 

24 (1) an amount equal to total payments under 

25 the full term of the lease; or 


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1 (2) if the lease specifies payments to be made 

2 in the event the lease is terminated before its full 

3 term, an amount sufficient to cover the first year 

4 lease payments plus the specified cancellation costs. 

5 (c) TRANSPARENCY.— 

6 (1) COMPLIANCE.—Subsection (b) of section 

7 8104 of title 38, United States Code, is amended by 

8 adding at the end the following new paragraph: 

9 ‘‘(7) In the case of a prospectus proposing 

10 funding for a major medical facility lease, a detailed 

11 analysis of how the lease is expected to comply with 

12 Office of Management and Budget Circular A–11 

13 and section 1341 of title 31 (commonly referred to 

14 as the ‘Anti-Deficiency Act’). Any such analysis shall 

15 include— 

16 ‘‘(A) an analysis of the classification of the 

17 lease as a ‘lease-purchase’, ‘capital lease’, or 

18 ‘operating lease’ as those terms are defined in 

19 Office of Management and Budget Circular A– 

20 11; 

21 ‘‘(B) an analysis of the obligation of budg22 etary resources associated with the lease; and 

23 ‘‘(C) an analysis of the methodology used 

24 in determining the asset cost, fair market value, 

25 and cancellation costs of the lease.’’. 


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1 (2) SUBMITTAL TO CONGRESS.—Such section 

2 8104 is further amended by adding at the end the 

3 following new subsection: 

4 ‘‘(h)(1) Not less than 30 days before entering into 

5 a major medical facility lease, the Secretary shall submit 

6 to the Committees on Veterans’ Affairs of the Senate and 

7 the House of Representatives— 

8 ‘‘(A) notice of the Secretary’s intention to enter 

9 into the lease; 

10 ‘‘(B) a copy of the proposed lease; 

11 ‘‘(C) a description and analysis of any dif12 ferences between the prospectus submitted pursuant 

13 to subsection (b) and the proposed lease; and 

14 ‘‘(D) a scoring analysis demonstrating that the 

15 proposed lease fully complies with Office of Manage16 ment and Budget Circular A–11. 

17 ‘‘(2) Each committee described in paragraph (1) shall 

18 ensure that any information submitted to the committee 

19 under such paragraph is treated by the committee with 

20 the same level of confidentiality as is required by law of 

21 the Secretary and subject to the same statutory penalties 

22 for unauthorized disclosure or use as the Secretary. 

23 ‘‘(3) Not more than 30 days after entering into a 

24 major medical facility lease, the Secretary shall submit to 

25 each committee described in paragraph (1) a report on 


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1 any material differences between the lease that was en2 tered into and the proposed lease described under such 

3 paragraph, including how the lease that was entered into 

4 changes the previously submitted scoring analysis de5 scribed in subparagraph (D) of such paragraph.’’. 

6 (d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion, or the amendments made by this section, shall be 

8 construed to in any way relieve the Department of Vet9 erans Affairs from any statutory or regulatory obligations 

10 or requirements existing prior to the enactment of this 

11 section and such amendments. 


emcdonald on DSK67QTVN1PROD with BILLS

emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 204 

113TH CONGRESS 

1ST SESSION H. R. 3521 

[Report No. 113–284] 

A BILL 

To authorize Department of Veterans Affairs major 

medical facility leases, and for other purposes. 

DECEMBER 9, 2013 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS