I 
113TH CONGRESS 
1ST SESSION H. R. 3521 
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 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Vet-
erans 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 
VerDate Mar 15 2010 
18:32 Nov 20, 2013
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3521.IH
H3521
tkelley on DSK3SPTVN1PROD with BILLS
specified, and in an amount for each lease not to exceed 
the amount shown for such location (not including any es-
timated cancellation costs): 
(1) For a clinical research and pharmacy co-
ordinating 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 Ac-
cess Center, Honolulu, Hawaii, including a co-lo-
cated 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. 
VerDate Mar 15 2010 
18:32 Nov 20, 2013
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3521.IH
H3521
tkelley on DSK3SPTVN1PROD with BILLS
(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 VET-
ERANS 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 avail-
able 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 au-
thority in an ‘‘amount equal to total payments under 
VerDate Mar 15 2010 
18:32 Nov 20, 2013
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3521.IH
H3521
tkelley on DSK3SPTVN1PROD with BILLS
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 pro-
vided in advance, in exercising the authority of the Sec-
retary 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 exe-
cuted 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 
VerDate Mar 15 2010 
18:32 Nov 20, 2013
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3521.IH
H3521
tkelley on DSK3SPTVN1PROD with BILLS
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 budg-
etary 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; 
VerDate Mar 15 2010 
18:32 Nov 20, 2013
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3521.IH
H3521
tkelley on DSK3SPTVN1PROD with BILLS
‘‘(C) a description and analysis of any dif-
ferences 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 Manage-
ment 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 en-
tered into and the proposed lease described under such 
paragraph, including how the lease that was entered into 
changes the previously submitted scoring analysis de-
scribed in subparagraph (D) of such paragraph.’’. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, or the amendments made by this section, shall be 
construed to in any way relieve the Department of Vet-
erans Affairs from any statutory or regulatory obligations 
VerDate Mar 15 2010 
18:32 Nov 20, 2013
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3521.IH
H3521
tkelley on DSK3SPTVN1PROD with BILLS
or requirements existing prior to the enactment of this 
section and such amendments. 
Æ 
VerDate Mar 15 2010 
18:32 Nov 20, 2013
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H3521.IH
H3521
tkelley on DSK3SPTVN1PROD with BILLS