[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5936 Enrolled Bill (ENR)]

        H.R.5936

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.