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H.R. 3484 — what changed

Los Angeles Homeless Veterans Leasing Act of 2016

From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Los Angeles Homeless Veterans Leasing Act of 2015”.2016”.

Sec. 2 Authority to enter into certain leases at the Department of Veterans Affairs West Los Angeles Campus

(a)
changed 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.California (hereinafter in this section referred to as the “Campus”).
(b)
Leases described— Leases described in this subsection are the following:
(1)
changed An 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.title, that principally benefit veterans and their families.
(2)
changed A 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)
changed A lease of real property for a term not to exceed 10 years to an institution The Regents of the State University of California that has partnered with California, a corporation organized under the Department at laws of the State of California, on behalf of its University of California, Los Angeles (UCLA) campus specified (hereinafter in subsection (a) for more than 20 years, this section referred to as “The Regents”), if—
(A)
changed the lease is consistent with the master plan described in subsection (e);(g);
(B)
changed the provision of services to veterans is the predominant focus of the activities of the institution The Regents at the campus Campus during the term of the lease; andlease;
(C)
changed the institution 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 either not compensated by the Secretary or is compensated through an existing medical affiliation agreement) that—
(i)
changed principally benefit veterans and their families in the Greater Los Angeles area, families, including veterans that are severely disabled, women, aging, or homeless; and
(ii)
changed 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 (1).(1); and
(D)
added 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)
changed 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 specified in subsection (a) Campus unless such agreement—
(1)
changed provides additional health-care resources to the campus; Campus; and
(2)
benefits veterans and their families other than from the generation of revenue for the Department of Veterans Affairs.
(d)
changed Prohibition on sale of property—Revenues from leases at the Campus— Notwithstanding section 8164 of title 38, United States Code, Any funds received by the Secretary may not sell or otherwise convey to under a third party fee simple title to any real property or improvements lease described in subsection (b) shall be credited to real property made 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 specified in subsection (a).Campus.
(e)
added Easements—
(1)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added 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)
added Compliance with certain laws—
(1)
added 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)
added 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)
added Community veterans engagement board—
(1)
added 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)
added identify the goals of the community; and
(B)
added 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)
added 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)
added Community input— In carrying out subparagraphs (A) and (B) of paragraph (1), the Board shall—
(A)
added provide the community opportunities to collaborate and communicate with the Board, including by conducting public forums on the Campus; and
(B)
added 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)
added Notification and reports—
(1)
added 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)
added 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)
added an evaluation of the management of the revenue generated by the leases; and
(B)
added the records described in subsection (b)(3)(D).
(3)
added Inspector General report—
(A)
added 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.
(e)
removed Consistency with master plan— The Secretary shall ensure that each lease carried out under this section is consistent with the new master plan under development as of the date of the enactment of this Act that will detail how the campus specified in subsection (a) will be used to benefit all veterans.
(f)
removed Compliance with certain laws—
(1)
removed 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 specified in subsection (a), 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)
removed Compliance of particular leases— 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.
(g)
removed Notification and reports—
(1)
removed Congressional notification— With respect to each lease or land-sharing agreement intended to be entered into or renewed at the campus specified in subsection (a), 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)
removed 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 specified in subsection (a) is located an annual report evaluating all leases and land-sharing agreements carried out at the campus.
(3)
removed Inspector General report—
(A)
removed 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 specified in subsection (a) 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 (e) with respect to the campus.
(B)
renumbered was (8)(4)(3) 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)
added 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)
added 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—
(h)
removed 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 specified in subsection (a) that are authorized by law and not inconsistent with this section.
(i)
removed 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 under a lease of property, land-sharing agreement, or revocable license agreement—
(1)
renumbered was (10)(3) means services—
(A)
renumbered was (10)(3)(2) provided exclusively to veterans and their families; or
(B)
renumbered was (10)(3)(3) 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 ancillary to the intended benefit to veterans and their families; and
(2)
renumbered was (10)(4) excludes services in which the only benefit to veterans and their families is the generation of revenue for the Department of Veterans Affairs.
(m)
added Conforming amendments—
(1)
added 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)
added 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”.
(j)
removed Conforming amendments—
(1)
removed 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 2 of the Los Angeles Homeless Veterans Leasing Act of 2015, the Secretary of Veterans Affairs”.
(2)
removed Enhanced-use leases— Section 8162(c) of title 38, United States Code, is amended by inserting “, other than an enhanced-use lease under section 2 of the Los Angeles Homeless Veterans Leasing Act of 2015,” before “shall be considered”.