[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3302-S3303]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4246. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 2943, to authorize appropriations for
fiscal year 2017 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle I of title X, add the following:
SEC. 1097. 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 (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 (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 who 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
[[Page S3303]]
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 Committee on Veterans' Affairs of the
Senate, the Committee on Veterans' Affairs of the 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) Community Veterans Engagement Board.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a
Community Veterans 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
(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.
(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, or stakeholders.
(3) Community input.--In carrying out subparagraphs (A) and
(B) of 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, 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
Committee on Veterans' Affairs of the Senate, the Committee
on Veterans' Affairs of the 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
Committee on Veterans' Affairs of the Senate, the Committee
on Veterans' Affairs of the 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 Committee on Veterans' Affairs of
the Senate, the Committee on Veterans' Affairs of the 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
section 1097 of the National Defense Authorization Act for
Fiscal Year 2017, 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 section 1097 of the National Defense
Authorization Act for Fiscal Year 2017,'' before ``shall be
considered''.
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