[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5936 Engrossed in House (EH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5936
_______________________________________________________________________
AN ACT
To authorize the Secretary of Veterans Affairs to enter into certain
leases at the Department of Veterans Affairs West Los Angeles Campus in
Los Angeles, California, to make certain improvements to the enhanced-
use lease authority of the Department, 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 ``West Los Angeles Leasing Act of
2016''.
SEC. 2. AUTHORITY TO ENTER INTO CERTAIN LEASES AT THE DEPARTMENT OF
VETERANS AFFAIRS WEST LOS ANGELES CAMPUS.
(a) In General.--The Secretary of Veterans Affairs may carry out
leases described in subsection (b) at the Department of Veterans
Affairs West Los Angeles Campus in Los Angeles, California (hereinafter
in this section referred to as the ``Campus'').
(b) Leases Described.--Leases described in this subsection are the
following:
(1) Any enhanced-use lease of real property under
subchapter V of chapter 81 of title 38, United States Code, for
purposes of providing supportive housing, as that term is
defined in section 8161(3) of such title, that principally
benefit veterans and their families.
(2) Any lease of real property for a term not to exceed 50
years to a third party to provide services that principally
benefit veterans and their families and that are limited to one
or more of the following purposes:
(A) The promotion of health and wellness, including
nutrition and spiritual wellness.
(B) Education.
(C) Vocational training, skills building, or other
training related to employment.
(D) Peer activities, socialization, or physical
recreation.
(E) Assistance with legal issues and Federal
benefits.
(F) Volunteerism.
(G) Family support services, including child care.
(H) Transportation.
(I) Services in support of one or more of the
purposes specified in subparagraphs (A) through (H).
(3) A lease of real property for a term not to exceed 10
years to The Regents of the University of California, a
corporation organized under the laws of the State of
California, on behalf of its University of California, Los
Angeles (UCLA) campus (hereinafter in this section referred to
as ``The Regents''), if--
(A) the lease is consistent with the master plan
described in subsection (g);
(B) the provision of services to veterans is the
predominant focus of the activities of The Regents at
the Campus during the term of the lease;
(C) The Regents expressly agrees to provide, during
the term of the lease and to an extent and in a manner
that the Secretary considers appropriate, additional
services and support (for which The Regents is not
compensated by the Secretary or through an existing
medical affiliation agreement) that--
(i) principally benefit veterans and their
families, including veterans that are severely
disabled, women, aging, or homeless; and
(ii) may consist of activities relating to
the medical, clinical, therapeutic, dietary,
rehabilitative, legal, mental, spiritual,
physical, recreational, research, and
counseling needs of veterans and their families
or any of the purposes specified in any of
subparagraphs (A) through (I) of paragraph (2);
and
(D) The Regents maintains records documenting the
value of the additional services and support that The
Regents provides pursuant to subparagraph (C) for the
duration of the lease and makes such records available
to the Secretary.
(c) Limitation on Land-Sharing Agreements.--The Secretary may not
carry out any land-sharing agreement pursuant to section 8153 of title
38, United States Code, at the Campus unless such agreement--
(1) provides additional health-care resources to the
Campus; and
(2) benefits veterans and their families other than from
the generation of revenue for the Department of Veterans
Affairs.
(d) Revenues From Leases at the Campus.--Any funds received by the
Secretary under a lease described in subsection (b) shall be credited
to the applicable Department medical facilities account and shall be
available, without fiscal year limitation and without further
appropriation, exclusively for the renovation and maintenance of the
land and facilities at the Campus.
(e) Easements.--
(1) In general.--Notwithstanding any other provision of law
(other than Federal laws relating to environmental and historic
preservation), pursuant to section 8124 of title 38, United
States Code, the Secretary may grant easements or rights-of-way
on, above, or under lands at the Campus to--
(A) any local or regional public transportation
authority to access, construct, use, operate, maintain,
repair, or reconstruct public mass transit facilities,
including, fixed guideway facilities and transportation
centers; and
(B) the State of California, County of Los Angeles,
City of Los Angeles, or any agency or political
subdivision thereof, or any public utility company
(including any company providing electricity, gas,
water, sewage, or telecommunication services to the
public) for the purpose of providing such public
utilities.
(2) Improvements.--Any improvements proposed pursuant to an
easement or right-of-way authorized under paragraph (1) shall
be subject to such terms and conditions as the Secretary
considers appropriate.
(3) Termination.--Any easement or right-of-way authorized
under paragraph (1) shall be terminated upon the abandonment or
nonuse of the easement or right-of-way and all right, title,
and interest in the land covered by the easement or right-of-
way shall revert to the United States.
(f) Prohibition on Sale of Property.--Notwithstanding section 8164
of title 38, United States Code, the Secretary may not sell or
otherwise convey to a third party fee simple title to any real property
or improvements to real property made at the Campus.
(g) Consistency With Master Plan.--The Secretary shall ensure that
each lease carried out under this section is consistent with the draft
master plan approved by the Secretary on January 28, 2016, or successor
master plans.
(h) Compliance With Certain Laws.--
(1) Laws relating to leases and land use.--If the Inspector
General of the Department of Veterans Affairs determines, as
part of an audit report or evaluation conducted by the
Inspector General, that the Department is not in compliance
with all Federal laws relating to leases and land use at the
Campus, or that significant mismanagement has occurred with
respect to leases or land use at the Campus, the Secretary may
not enter into any lease or land-sharing agreement at the
Campus, or renew any such lease or land-sharing agreement that
is not in compliance with such laws, until the Secretary
certifies to the Committees on Veterans' Affairs of the Senate
and House of Representatives, the Committees on Appropriations
of the Senate and House of Representatives, and each Member of
the Senate and the House of Representatives who represents the
area in which the Campus is located that all recommendations
included in the audit report or evaluation have been
implemented.
(2) Compliance of particular leases.--Except as otherwise
expressly provided by this section, no lease may be entered
into or renewed under this section unless the lease complies
with chapter 33 of title 41, United States Code, and all
Federal laws relating to environmental and historic
preservation.
(i) Veterans and Community Oversight and Engagement Board.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
Veterans and Community Oversight and Engagement Board (in this
subsection referred to as the ``Board'') for the Campus to
coordinate locally with the Department of Veterans Affairs to--
(A) identify the goals of the community and veteran
partnership;
(B) provide advice and recommendations to the
Secretary to improve services and outcomes for
veterans, members of the Armed Forces, and the families
of such veterans and members; and
(C) provide advice and recommendations on the
implementation of the draft master plan approved by the
Secretary on January 28, 2016, and on the creation and
implementation of any successor master plans.
(2) Members.--The Board shall be comprised of a number of
members that the Secretary determines appropriate, of which not
less than 50 percent shall be veterans. The nonveteran members
shall be family members of veterans, veteran advocates, service
providers, real estate professionals familiar with housing
development projects, or stakeholders.
(3) Community input.-- In carrying out paragraph (1), the
Board shall--
(A) provide the community opportunities to
collaborate and communicate with the Board, including
by conducting public forums on the Campus; and
(B) focus on local issues regarding the Department
that are identified by the community, including with
respect to health care, implementation of the draft
master plan and any subsequent plans, benefits, and
memorial services at the Campus.
(j) Notification and Reports.--
(1) Congressional notification.--With respect to each lease
or land-sharing agreement intended to be entered into or
renewed at the Campus, the Secretary shall notify the
Committees on Veterans' Affairs of the Senate and House of
Representatives, the Committees on Appropriations of the Senate
and House of Representatives, and each Member of the Senate and
the House of Representatives who represents the area in which
the Campus is located of the intent of the Secretary to enter
into or renew the lease or land-sharing agreement not later
than 45 days before entering into or renewing the lease or
land-sharing agreement.
(2) Annual report.--Not later than one year after the date
of the enactment of this Act, and not less frequently than
annually thereafter, the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives, the Committees on Appropriations of the Senate
and House of Representatives, and each Member of the Senate and
the House of Representatives who represents the area in which
the Campus is located an annual report evaluating all leases
and land-sharing agreements carried out at the Campus,
including--
(A) an evaluation of the management of the revenue
generated by the leases; and
(B) the records described in subsection (b)(3)(D).
(3) Inspector general report.--
(A) In general.--Not later than each of two years
and five years after the date of the enactment of this
Act, and as determined necessary by the Inspector
General of the Department of Veterans Affairs
thereafter, the Inspector General shall submit to the
Committees on Veterans' Affairs of the Senate and House
of Representatives and the Committees on Appropriations
of the Senate and House of Representatives, and each
Member of the Senate and the House of Representatives
who represents the area in which the Campus is located
a report on all leases carried out at the Campus and
the management by the Department of the use of land at
the Campus, including an assessment of the efforts of
the Department to implement the master plan described
in subsection (g) with respect to the Campus.
(B) Consideration of annual report.--In preparing
each report required by subparagraph (A), the Inspector
General shall take into account the most recent report
submitted to Congress by the Secretary under paragraph
(2).
(k) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the authority of the Secretary to enter
into other agreements regarding the Campus that are authorized by law
and not inconsistent with this section.
(l) Principally Benefit Veterans and Their Families Defined.--In
this section the term ``principally benefit veterans and their
families'', with respect to services provided by a person or entity
under a lease of property or land-sharing agreement--
(1) means services--
(A) provided exclusively to veterans and their
families; or
(B) that are designed for the particular needs of
veterans and their families, as opposed to the general
public, and any benefit of those services to the
general public is distinct from the intended benefit to
veterans and their families; and
(2) excludes services in which the only benefit to veterans
and their families is the generation of revenue for the
Department of Veterans Affairs.
(m) Conforming Amendments.--
(1) Prohibition on disposal of property.--Section 224(a) of
the Military Construction and Veterans Affairs and Related
Agencies Appropriations Act, 2008 (Public Law 110-161; 121
Stat. 2272) is amended by striking ``The Secretary of Veterans
Affairs'' and inserting ``Except as authorized under the Los
Angeles Homeless Veterans Leasing Act of 2016, the Secretary of
Veterans Affairs''.
(2) Enhanced-use leases.--Section 8162(c) of title 38,
United States Code, is amended by inserting ``, other than an
enhanced-use lease under the Los Angeles Homeless Veterans
Leasing Act of 2016,'' before ``shall be considered''.
SEC. 3. IMPROVEMENTS TO ENHANCED-USE LEASE AUTHORITY OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Prohibition on Waiver of Obligation of Lessee.--Paragraph (3)
of section 8162(b) of title 38, United States Code, is amended by
adding at the following new subparagraph:
``(D) The Secretary may not waive or postpone the obligation of a
lessee to pay any consideration under an enhanced-use lease, including
monthly rent.''.
(b) Clarification of Liability of Federal Government to Third
Parties.--Section 8162 of such title is amended by adding at the end
the following new subsection:
``(d)(1) Nothing in this subchapter authorizes the Secretary to
enter into an enhanced-use lease that provides for, is contingent upon,
or otherwise authorizes the Federal Government to guarantee a loan made
by a third party to a lessee for purposes of the enhanced-use lease.
``(2) Nothing in this subchapter shall be construed to abrogate or
constitute a waiver of the sovereign immunity of the United States with
respect to any loan, financing, or other financial agreement entered
into by the lessee and a third party relating to an enhanced-use
lease.''.
(c) Transparency.--
(1) Notice.--Section 8163(c)(1) of such title is amended--
(A) by inserting ``, the Committees on
Appropriations of the House of Representatives and the
Senate, and the Committees on the Budget of the House
of Representatives and the Senate'' after
``congressional veterans' affairs committees'';
(B) by striking ``and shall publish'' and inserting
``, shall publish'';
(C) by inserting before the period at the end the
following: ``, and shall submit to the congressional
veterans' affairs committees a copy of the proposed
lease''; and
(D) by adding at the end the following new
sentence: ``With respect to a major enhanced-use lease,
upon the request of the congressional veterans' affairs
committees, not later than 30 days after the date of
such notice, the Secretary shall testify before the
committees on the major enhanced-use lease, including
with respect to the status of the lease, the cost, and
the plans to carry out the activities under the lease.
The Secretary may not delegate such testifying below
the level of the head of the Office of Asset Enterprise
Management of the Department or any successor to such
office.''.
(2) Annual reports.--Section 8168 of such title is
amended--
(A) by striking ``to Congress'' each place it
appears and inserting ``to the congressional veterans'
affairs committees, the Committees on Appropriations of
the House of Representatives and the Senate, and the
Committees on the Budget of the House of
Representatives and the Senate'';
(B) in subsection (a)--
(i) by striking ``Not later'' and inserting
``(1) Not later'';
(ii) by striking ``a report'' and all that
follows through the period at the end and
inserting ``a report on enhanced-use leases.'';
and
(iii) by adding at the end the following
new paragraph:
``(2) Each report under paragraph (1) shall include the following:
``(A) Identification of the actions taken by the Secretary
to implement and administer enhanced-use leases.
``(B) For the most recent fiscal year covered by the
report, the amounts deposited into the Medical Care Collection
Fund account that were derived from enhanced-use leases.
``(C) Identification of the actions taken by the Secretary
using the amounts described in subparagraph (B).
``(D) Documents of the Department supporting the contents
of the report described in subparagraphs (A) through (C).'';
and
(C) in subsection (b)--
(i) by striking ``Each year'' and inserting
``(1) Each year'';
(ii) by striking ``this subchapter,'' and
all that follows through the period at the end
and inserting ``this subchapter.''; and
(iii) by adding at the end the following
new paragraph:
``(2) Each report under paragraph (1) shall include the following
with respect to each enhanced-use lease covered by the report:
``(A) An overview of how the Secretary is using
consideration received by the Secretary under the lease to
support veterans.
``(B) The amount of consideration received by the Secretary
under the lease.
``(C) The amount of any revenues collected by the Secretary
relating to the lease not covered by subparagraph (B),
including a description of any in-kind assistance or services
provided by the lessee to the Secretary or to veterans under an
agreement entered into by the Secretary pursuant to any
provision of law.
``(D) The costs to the Secretary of carrying out the lease.
``(E) Documents of the Department supporting the contents
of the report described in subparagraphs (A) through (D).''.
(d) Additional Definitions.--Section 8161 of such title is amended
by adding at the end the following new paragraphs:
``(4) The term `lessee' means the party with whom the
Secretary has entered into an enhanced-use lease under this
subchapter.
``(5) The term `major enhanced-use lease' means an
enhanced-use lease that includes consideration consisting of an
average annual rent of more than $10,000,000.''.
(e) Comptroller General Audit.--
(1) Report.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees
a report containing an audit of the enhanced-use lease program
of the Department of Veterans Affairs under subchapter V of
chapter 81 of title 38, United States Code.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The financial impact of the enhanced-use lease
authority on the Department of Veterans Affairs and
whether the revenue realized from such authority and
other financial benefits would have been realized
without such authority.
(B) The use by the Secretary of such authority and
whether the arrangements made under such authority
would have been made without such authority.
(C) An identification of the controls that are in
place to ensure accountability and transparency and to
protect the Federal Government.
(D) An overall assessment of the activities of the
Secretary under such authority to ensure procurement
cost avoidance, negotiated cost avoidance, in-contract
cost avoidance, and rate reductions.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committees on Veterans' Affairs of the
House of Representatives and the Senate;
(B) the Committees on Appropriations of the House
of Representatives and the Senate; and
(C) the Committees on the Budget of the House of
Representatives and the Senate.
Passed the House of Representatives September 12, 2016.
Attest:
Clerk.
114th CONGRESS
2d Session
H. R. 5936
_______________________________________________________________________
AN ACT
To authorize the Secretary of Veterans Affairs to enter into certain
leases at the Department of Veterans Affairs West Los Angeles Campus in
Los Angeles, California, to make certain improvements to the enhanced-
use lease authority of the Department, and for other purposes.