PUBLIC LAW 114–226—SEPT. 29, 2016 

WEST LOS ANGELES LEASING ACT OF 2016 


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130 STAT. 926 PUBLIC LAW 114–226—SEPT. 29, 2016 

Public Law 114–226 

114th Congress 

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 

Regents of the 

University of 

California. 

Real property. 

38 USC 101 note. 

West Los Angeles 

Leasing Act of 

2016. 

Sept. 29, 2016 

[H.R. 5936] 


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PUBLIC LAW 114–226—SEPT. 29, 2016 130 STAT. 927 

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 

Records. 


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130 STAT. 928 PUBLIC LAW 114–226—SEPT. 29, 2016 

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; 

Deadline. 

Recommendations. 

Establishment. 

Determination. 

Certification. 

Recommendations. 


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PUBLIC LAW 114–226—SEPT. 29, 2016 130 STAT. 929 

(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 

Determination. 

Assessment. 

Records. 

Evaluation. 

Determination. 


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130 STAT. 930 PUBLIC LAW 114–226—SEPT. 29, 2016 

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: 


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PUBLIC LAW 114–226—SEPT. 29, 2016 130 STAT. 931 

‘‘(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). 

Deadline. 

Testimony. 

38 USC 8163. 


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130 STAT. 932 PUBLIC LAW 114–226—SEPT. 29, 2016 

‘‘(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 

Assessment. 


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PUBLIC LAW 114–226—SEPT. 29, 2016 130 STAT. 933 

LEGISLATIVE HISTORY—H.R. 5936: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Sept. 12, considered and passed House. 

Sept. 19, considered and passed Senate. 

Æ 

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. 

Approved September 29, 2016. 


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