,,ii #aadth ,,congress #b;d ,session ,h4 ,r4 #eicf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ae1 #bjaf,received ,,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 ,angeles1 ,california1 to make certain improvements to the enhanced-use lease authority of the ,department1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,west ,los ,angeles ,leasing ,act of #bjaf4 #b4 ,authority to enter into certain leases at the ,department of ,veterans ,affairs ,west ,los ,angeles ,campus 7a7 ,in general ,the ,secretary of ,veterans ,affairs may carry out leases described in subsection 7b7 at the ,department of ,veterans ,affairs ,west ,los ,angeles ,campus in ,los ,angeles1 ,california 7hereinafter in this section referred to as the ,campus74 7b7 ,leases described ,leases described in this subsection are the following3 7#a7 ,any enhanced-use lease of real property under subchapter ,v of chapter #ha of title #ch1 ,united ,states ,code1 for purposes of providing supportive housing1 as that term is defined in section #hafa7c7 of such title1 that principally benefit veterans and their families4 7#b7 ,any lease of real property for a term not to exceed #ej 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 purposes3 7,a7 ,the promotion of health and wellness1 including nutrition and spiritual wellness4 7,b7 ,education4 7,c7 ,vocational training1 skills building1 or other training related to employment4 7,d7 ,peer activities1 socialization1 or physical recreation4 7,e7 ,assistance with legal issues and ,federal benefits4 7,f7 ,volunteerism4 7,g7 ,family support services1 including child care4 7,h7 ,transportation4 7,i7 ,services in support of one or more of the purposes specified in subparagraphs 7,a7 through 7,h74 7#c7 ,a lease of real property for a term not to exceed #aj years to ,the ,regents of the ,university of ,california1 a corporation organized under the laws of the ,state of ,california1 on behalf of its ,university of ,california1 ,los ,angeles 7,,ucla7 campus 7hereinafter in this section referred to as ,the ,regents71 if-- 7,a7 the lease is consistent with the master plan described in subsection 7g72 7,b7 the provision of services to veterans is the predominant focus of the activities of ,the ,regents at the ,campus during the term of the lease2 7,c7 ,the ,regents expressly agrees to provide1 during the term of the lease and to an extent and in a manner that the ,secretary considers appropriate1 additional services and support 7for which ,the ,regents is not compensated by the ,secretary or through an existing medical affiliation agreement7 that-- 7i7 principally benefit veterans and their families1 including veterans that are severely disabled1 women1 aging1 or homeless2 and 7ii7 may consist of activities relating to the medical1 clinical1 therapeutic1 dietary1 rehabilitative1 legal1 mental1 spiritual1 physical1 recreational1 research1 and counseling needs of veterans and their families or any of the purposes specified in any of subparagraphs 7,a7 through 7,i7 of paragraph 7#b72 and 7,d7 ,the ,regents maintains records documenting the value of the additional services and support that ,the ,regents provides pursuant to subparagraph 7,c7 for the duration of the lease and makes such records available to the ,secretary4 7c7 ,limitation on ,land-,sharing ,agreements ,the ,secretary may not carry out any land-sharing agreement pursuant to section #haec of title #ch1 ,united ,states ,code1 at the ,campus unless such agreement-- 7#a7 provides additional health-care resources to the ,campus2 and 7#b7 benefits veterans and their families other than from the generation of revenue for the ,department of ,veterans ,affairs4 7d7 ,revenues from leases at the ,campus ,any funds received by the ,secretary under a lease described in subsection 7b7 shall be credited to the applicable ,department medical facilities account and shall be available1 without fiscal year limitation and without further appropriation1 exclusively for the renovation and maintenance of the land and facilities at the ,campus4 7e7 ,easements 7#a7 ,in general ,notwithstanding any other provision of law 7other than ,federal laws relating to environmental and historic preservation71 pursuant to section #habd of title #ch1 ,united ,states ,code1 the ,secretary may grant easements or rights-of-way on1 above1 or under lands at the ,campus to-- 7,a7 any local or regional public transportation authority to access1 construct1 use1 operate1 maintain1 repair1 or reconstruct public mass transit facilities1 including1 fixed guideway facilities and transportation centers2 and 7,b7 the ,state of ,california1 ,county of ,los ,angeles1 ,city of ,los ,angeles1 or any agency or political subdivision thereof1 or any public utility company 7including any company providing electricity1 gas1 water1 sewage1 or telecommunication services to the public7 for the purpose of providing such public utilities4 7#b7 ,improvements ,any improvements proposed pursuant to an easement or right-of-way authorized under paragraph 7#a7 shall be subject to such terms and conditions as the ,secretary considers appropriate4 7#c7 ,termination ,any easement or right-of-way authorized under paragraph 7#a7 shall be terminated upon the abandonment or nonuse of the easement or right-of-way and all right1 title1 and interest in the land covered by the easement or right-of-way shall revert to the ,united ,states4 7f7 ,prohibition on sale of property ,notwithstanding section #hafd of title #ch1 ,united ,states ,code1 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 ,campus4 7g7 ,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 #bh1 #bjaf1 or successor master plans4 7h7 ,compliance with certain laws 7#a7 ,laws relating to leases and land use ,if the ,inspector ,general of the ,department of ,veterans ,affairs determines1 as part of an audit report or evaluation conducted by the ,inspector ,general1 that the ,department is not in compliance with all ,federal laws relating to leases and land use at the ,campus1 or that significant mismanagement has occurred with respect to leases or land use at the ,campus1 the ,secretary may not enter into any lease or land-sharing agreement at the ,campus1 or renew any such lease or land-sharing agreement that is not in compliance with such laws1 until the ,secretary certifies to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives1 the ,committees on ,appropriations of the ,senate and ,house of ,representatives1 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 implemented4 7#b7 ,compliance of particular leases ,except as otherwise expressly provided by this section1 no lease may be entered into or renewed under this section unless the lease complies with chapter #cc of title #da1 ,united ,states ,code1 and all ,federal laws relating to environmental and historic preservation4 7i7 ,veterans and community oversight and engagement board 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a ,veterans and ,community ,oversight and ,engagement ,board 7in this subsection referred to as the ,board7 for the ,campus to coordinate locally with the ,department of ,veterans ,affairs to-- 7,a7 identify the goals of the community and veteran partnership2 7,b7 provide advice and recommendations to the ,secretary to improve services and outcomes for veterans1 members of the ,armed ,forces1 and the families of such veterans and members2 and 7,c7 provide advice and recommendations on the implementation of the draft master plan approved by the ,secretary on ,january #bh1 #bjaf1 and on the creation and implementation of any successor master plans4 7#b7 ,members ,the ,board shall be comprised of a number of members that the ,secretary determines appropriate1 of which not less than #ej percent shall be veterans4 ,the nonveteran members shall be family members of veterans1 veteran advocates1 service providers1 real estate professionals familiar with housing development projects1 or stakeholders4 7#c7 ,community input ,in carrying out paragraph 7#a71 the ,board shall-- 7,a7 provide the community opportunities to collaborate and communicate with the ,board1 including by conducting public forums on the ,campus2 and 7,b7 focus on local issues regarding the ,department that are identified by the community1 including with respect to health care1 implementation of the draft master plan and any subsequent plans1 benefits1 and memorial services at the ,campus4 7j7 ,notification and reports 7#a7 ,congressional notification ,with respect to each lease or land-sharing agreement intended to be entered into or renewed at the ,campus1 the ,secretary shall notify the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives1 the ,committees on ,appropriations of the ,senate and ,house of ,representatives1 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 #de days before entering into or renewing the lease or land-sharing agreement4 7#b7 ,annual report ,not later than one year after the date of the enactment of this ,act1 and not less frequently than annually thereafter1 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives1 the ,committees on ,appropriations of the ,senate and ,house of ,representatives1 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 ,campus1 including-- 7,a7 an evaluation of the management of the revenue generated by the leases2 and 7,b7 the records described in subsection 7b77#c77;,d74 7#c7 ,inspector ,general report 7,a7 ,in general ,not later than each of two years and five years after the date of the enactment of this ,act1 and as determined necessary by the ,inspector ,general of the ,department of ,veterans ,affairs thereafter1 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 ,representatives1 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 ,campus1 including an assessment of the efforts of the ,department to implement the master plan described in subsection 7g7 with respect to the ,campus4 7,b7 ,consideration of annual report ,in preparing each report required by subparagraph 7,a71 the ,inspector ,general shall take into account the most recent report submitted to ,congress by the ,secretary under paragraph 7#b74 7k7 ,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 section4 7l7 ,principally benefit veterans and their families defined ,in this section the term principally benefit veterans and their families1 with respect to services provided by a person or entity under a lease of property or land-sharing agreement-- 7#a7 means services-- 7,a7 provided exclusively to veterans and their families2 or 7,b7 that are designed for the particular needs of veterans and their families1 as opposed to the general public1 and any benefit of those services to the general public is distinct from the intended benefit to veterans and their families2 and 7#b7 excludes services in which the only benefit to veterans and their families is the generation of revenue for the ,department of ,veterans ,affairs4 7m7 ,conforming amendments 7#a7 ,prohibition on disposal of property ,section #bbd7;a7 of the ,military ,construction and ,veterans ,affairs and ,related ,agencies ,appropriations ,act1 #bjjh 7,public ,law #aaj-afa2 #aba ,stat4 #bbgb7 is amended by striking ,the ,secretary of ,veterans ,affairs and inserting ,except as authorized under the ,los ,angeles ,homeless ,veterans ,leasing ,act of #bjaf1 the ,secretary of ,veterans ,affairs4 7#b7 ,enhanced-use leases ,section #hafb7;c7 of title #ch1 ,united ,states ,code1 is amended by inserting 1 other than an enhanced-use lease under the ,los ,angeles ,homeless ,veterans ,leasing ,act of #bjaf1 before shall be considered4 #c4 ,improvements to enhanced-use lease authority of ,department of ,veterans ,affairs 7a7 ,prohibition on waiver of obligation of lessee ,paragraph 7#c7 of section #hafb7;b7 of title #ch1 ,united ,states ,code1 is amended by adding at the following new subparagraph3 7,d7 ,the ,secretary may not waive or postpone the obligation of a lessee to pay any consideration under an enhanced-use lease1 including monthly rent4 4 7b7 ,clarification of liability of ,federal ,government to third parties ,section #hafb of such title is amended by adding at the end the following new subsection3 7d7 7#a7 ,nothing in this subchapter authorizes the ,secretary to enter into an enhanced-use lease that provides for1 is contingent upon1 or otherwise authorizes the ,federal ,government to guarantee a loan made by a third party to a lessee for purposes of the enhanced-use lease4 7#b7 ,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 loan1 financing1 or other financial agreement entered into by the lessee and a third party relating to an enhanced-use lease4 4 7c7 ,transparency 7#a7 ,notice ,section #hafc7;c77#a7 of such title is amended-- 7,a7 by inserting 1 the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 and the ,committees on the ,budget of the ,house of ,representatives and the ,senate after congressional veterans' affairs committees2 7,b7 by striking and shall publish and inserting 1 shall publish2 7,c7 by inserting before the period at the end the following3 1 and shall submit to the congressional veterans' affairs committees a copy of the proposed lease2 and 7,d7 by adding at the end the following new sentence3 ,with respect to a major enhanced-use lease1 upon the request of the congressional veterans' affairs committees1 not later than #cj days after the date of such notice1 the ,secretary shall testify before the committees on the major enhanced-use lease1 including with respect to the status of the lease1 the cost1 and the plans to carry out the activities under the lease4 ,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 office44 7#b7 ,annual reports ,section #hafh of such title is amended-- 7,a7 by striking to ,congress each place it appears and inserting to the congressional veterans' affairs committees1 the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 and the ,committees on the ,budget of the ,house of ,representatives and the ,senate2 7,b7 in subsection 7a7-- 7i7 by striking ,not later and inserting 7#a7 ,not later2 7ii7 by striking a report and all that follows through the period at the end and inserting a report on enhanced-use leases42 and 7iii7 by adding at the end the following new paragraph3 7#b7 ,each report under paragraph 7#a7 shall include the following3 7,a7 ,identification of the actions taken by the ,secretary to implement and administer enhanced-use leases4 7,b7 ,for the most recent fiscal year covered by the report1 the amounts deposited into the ,medical ,care ,collection ,fund account that were derived from enhanced-use leases4 7,c7 ,identification of the actions taken by the ,secretary using the amounts described in subparagraph 7,b74 7,d7 ,documents of the ,department supporting the contents of the report described in subparagraphs 7,a7 through 7,c74 2 and 7,c7 in subsection 7b7-- 7i7 by striking ,each year and inserting 7#a7 ,each year2 7ii7 by striking this subchapter1 and all that follows through the period at the end and inserting this subchapter42 and 7iii7 by adding at the end the following new paragraph3 7#b7 ,each report under paragraph 7#a7 shall include the following with respect to each enhanced-use lease covered by the report3 7,a7 ,an overview of how the ,secretary is using consideration received by the ,secretary under the lease to support veterans4 7,b7 ,the amount of consideration received by the ,secretary under the lease4 7,c7 ,the amount of any revenues collected by the ,secretary relating to the lease not covered by subparagraph 7,b71 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 law4 7,d7 ,the costs to the ,secretary of carrying out the lease4 7,e7 ,documents of the ,department supporting the contents of the report described in subparagraphs 7,a7 through 7,d74 4 7d7 ,additional definitions ,section #hafa of such title is amended by adding at the end the following new paragraphs3 7#d7 ,the term lessee means the party with whom the ,secretary has entered into an enhanced-use lease under this subchapter4 7#e7 ,the term major enhanced-use lease means an enhanced-use lease that includes consideration consisting of an average annual rent of more than #aj1jjj1jjj4 4 7e7 ,comptroller ,general audit 7#a7 ,report ,not later than #bgj days after the date of the enactment of this ,act1 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 #ha of title #ch1 ,united ,states ,code4 7#b7 ,matters included ,the report under paragraph 7#a7 shall include the following3 7,a7 ,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 authority4 7,b7 ,the use by the ,secretary of such authority and whether the arrangements made under such authority would have been made without such authority4 7,c7 ,an identification of the controls that are in place to ensure accountability and transparency and to protect the ,federal ,government4 7,d7 ,an overall assessment of the activities of the ,secretary under such authority to ensure procurement cost avoidance1 negotiated cost avoidance1 in-contract cost avoidance1 and rate reductions4 7#c7 ,appropriate congressional committees defined ,in this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate2 7,b7 the ,committees on ,appropriations of the ,house of ,representatives and the ,senate2 and 7,c7 the ,committees on the ,budget of the ,house of ,representatives and the ,senate4 ,passed the ,house of ,representatives ,september #ab1 #bjaf4,karen ,l4 ,haas1,clerk