IB 
Union Calendar No. 867 
115TH CONGRESS 
2D SESSION 
H. R. 4243 
[Report No. 115–1036, Part I] 
To establish a commission for the purpose of making recommendations re-
garding the modernization or realignment of facilities of the Veterans 
Health Administration, to improve construction and management leases 
of the Department of Veterans Affairs, to amend and appropriate funds 
for the Veterans Choice Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2017 
Mr. ROE of Tennessee (for himself, Mr. COFFMAN, Mr. WENSTRUP, Mrs. 
RADEWAGEN, Mr. BOST, Mr. POLIQUIN, Mr. ARRINGTON, Mr. RUTHER-
FORD, Mr. HIGGINS of Louisiana, Mr. BERGMAN, Mr. BANKS of Indiana, 
Miss GONZA´LEZ-COLO´N of Puerto Rico, and Mr. DUNN) introduced the 
following bill; which was referred to the Committee on Veterans’ Affairs, 
and in addition to the Committees on Rules and Appropriations, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
NOVEMBER 16, 2018 
Reported from the Committee on Veterans’ Affairs with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 16, 2018 
Referral to the Committees on Rules and Appropriations extended for a period 
ending not later than December 28, 2018 
[For text of introduced bill, see copy of bill as introduced on November 3, 2017] 
DECEMBER 28, 2018 
Additional sponsors: Mr. BILIRAKIS, Mr. SESSIONS, and Mr. FRANCIS 
ROONEY of Florida 
DECEMBER 28, 2018 
Committees on Rules and Appropriations discharged; committed to the Com-
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mittee of the Whole House on the State of the Union and ordered to be 
printed 
A BILL 
To establish a commission for the purpose of making rec-
ommendations regarding the modernization or realign-
ment of facilities of the Veterans Health Administration, 
to improve construction and management leases of the 
Department of Veterans Affairs, to amend and appro-
priate funds for the Veterans Choice Program, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
TITLE I—ASSET AND INFRASTRUCTURE REVIEW 
Sec. 101. Short title. 
Sec. 102. The Commission. 
Sec. 103. Procedure for making recommendations. 
Sec. 104. Actions regarding infrastructure and facilities of the Veterans Health 
Administration. 
Sec. 105. Implementation. 
Sec. 106. Department of Veterans Affairs Asset and Infrastructure Review Ac-
count. 
Sec. 107. Congressional consideration of Commission report. 
Sec. 108. Other matters. 
Sec. 109. Definitions. 
TITLE II—IMPROVEMENTS TO CONSTRUCTION MANAGEMENT AND 
LEASES 
Sec. 201. Modification of thresholds for major medical facility projects and major 
medical facility leases. 
Sec. 202. Submission of prospectuses of proposed minor medical facility projects. 
Sec. 203. Improvement to training of construction personnel. 
Sec. 204. Authority to plan, design, construct, or lease shared medical facilities. 
Sec. 205. Enhanced use lease authority. 
TITLE III—OTHER MATTERS 
Sec. 301. Exception on limitation on awards and bonuses for recruitment, reloca-
tion, and retention. 
Sec. 302. Appropriation of amounts. 
Sec. 303. Assessment of health care furnished by the Department to veterans who 
live in the territories. 
TITLE I—ASSET AND 
INFRASTRUCTURE REVIEW 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘VA Asset and Infra-
structure Review Act of 2017’’. 
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SEC. 102. THE COMMISSION. 
(a) ESTABLISHMENT.—There is established an inde-
pendent commission to be known as the ‘‘Asset and Infra-
structure Review Commission’’ (in this title referred to as 
the ‘‘Commission’’). 
(b) DUTIES.—The Commission shall carry out the du-
ties specified for it in this title. 
(c) APPOINTMENT.— 
(1) IN GENERAL.— 
(A) APPOINTMENT.—The Commission shall 
be composed of 9 members appointed by the 
President, by and with the advice and consent of 
the Senate. 
(B) TRANSMISSION OF NOMINATIONS.—The 
President shall transmit to the Senate the nomi-
nations for appointment to the Commission not 
later than May 31, 2021. 
(2) CONSULTATION IN SELECTION PROCESS.—In 
selecting individuals for nominations for appoint-
ments to the Commission, the President shall consult 
with— 
(A) the Speaker of the House of Representa-
tives; 
(B) the majority leader of the Senate; 
(C) the minority leader of the House of 
Representatives; 
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(D) the minority leader of the Senate; and 
(E) congressionally chartered, membership 
based veterans service organizations concerning 
the appointment of three members. 
(3) DESIGNATION OF CHAIR.—At the time the 
President nominates individuals for appointment to 
the Commission under paragraph (1)(B), the Presi-
dent shall designate one such individual who shall 
serve as Chair of the Commission and one such indi-
vidual who shall serve as Vice Chair of the Commis-
sion. 
(4) MEMBER REPRESENTATION.—In nominating 
individuals under this subsection, the President shall 
ensure that— 
(A) 
veterans, 
reflecting 
current 
demo-
graphics of veterans enrolled in the system of an-
nual patient enrollment under section 1705 of 
title 38, United States Code, are adequately rep-
resented in the membership of the Commission; 
(B) at least one member of the Commission 
has experience working for a private integrated 
health care system that has annual gross reve-
nues of more than $50,000,000; 
(C) at least one member has experience as 
a senior manager for an entity specified in 
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clause (ii), (iii), or (iv) of section 101(a)(1)(B) 
of the Veterans Access, Choice, and Account-
ability Act of 2014 (Public Law 113–146; 38 
U.S.C. 1701 note); 
(D) at least one member— 
(i) has experience with capital asset 
management for the Federal Government; 
and 
(ii) is familiar with trades related to 
building and real property, including con-
struction, engineering, architecture, leasing, 
and strategic partnerships; and 
(E) at least three members represent con-
gressionally chartered, membership-based, vet-
erans service organizations. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet 
only during calendar years 2022 and 2023. 
(2) PUBLIC
NATURE
OF
MEETINGS
AND
PRO-
CEEDINGS.— 
(A) PUBLIC MEETINGS.—Each meeting of 
the Commission shall be open to the public. 
(B) OPEN
PARTICIPATION.—All the pro-
ceedings, information, and deliberations of the 
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Commission shall be available for review by the 
public. 
(e) VACANCIES.—A vacancy in the Commission shall 
be filled in the same manner as the original appointment, 
but the individual appointed to fill the vacancy shall serve 
only for the unexpired portion of the term for which the 
individual’s predecessor was appointed. 
(f) PAY.— 
(1) IN GENERAL.—Members of the Commission 
shall serve without pay. 
(2) OFFICERS OR EMPLOYEES OF THE UNITED 
STATES.—Each member of the Commission who is an 
officer or employee of the United States shall serve 
without compensation in addition to that received for 
service as an officer or employee of the United States. 
(3) TRAVEL EXPENSES.—Members shall receive 
travel expenses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and 5703 of 
title 5, United States Code. 
(g) DIRECTOR OF STAFF.— 
(1) APPOINTMENT.—The Commission shall ap-
point a Director who— 
(A) has not served as an employee of the 
Department of Veterans Affairs during the one- 
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year period preceding the date of such appoint-
ment; and 
(B) is not otherwise barred or prohibited 
from serving as Director under Federal ethics 
laws and regulations, by reason of post-employ-
ment conflict of interest. 
(2) RATE OF PAY.—The Director shall be paid at 
the rate of basic pay payable for level IV of the Exec-
utive Schedule under section 5315 of title 5, United 
States Code. 
(h) STAFF.— 
(1) PAY OF PERSONNEL.—Subject to paragraphs 
(2) and (3), the Director, with the approval of the 
Commission, may appoint and fix the pay of addi-
tional personnel. 
(2) 
EXEMPTION
FROM
CERTAIN
REQUIRE-
MENTS.—The Director may make such appointments 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive service, and any personnel so appointed may be 
paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title relating 
to classification and General Schedule pay rates, ex-
cept that an individual so appointed may not receive 
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pay in excess of the annual rate of basic pay payable 
for GS–15 of the General Schedule. 
(3) DETAILEES.— 
(A) LIMITATION
ON
NUMBER.—Not more 
than two-thirds of the personnel employed by or 
detailed to the Commission may be on detail 
from the Department of Veterans Affairs. 
(B) PROFESSIONAL
ANALYSTS.—Not more 
than half of the professional analysts of the Com-
mission staff may be persons detailed from the 
Department of Veterans Affairs to the Commis-
sion. 
(C) PROHIBITION ON DETAIL OF CERTAIN 
PERSONNEL.—A person may not be detailed 
from the Department of Veterans Affairs to the 
Commission if, within 6 months before the detail 
is to begin, that person participated personally 
and substantially in any matter within the De-
partment of Veterans Affairs concerning the 
preparation of recommendations regarding fa-
cilities of the Veterans Health Administration. 
(4) AUTHORITY
TO
REQUEST
DETAILED
PER-
SONNEL.—Subject to paragraph (3), the head of any 
Federal department or agency, upon the request of the 
Director, may detail any of the personnel of that de-
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partment or agency to the Commission to assist the 
Commission in carrying out its duties under this 
title. 
(5) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission may secure directly from any Fed-
eral agency such information the Commission con-
siders necessary to carry out this title. Upon request 
of the Chair, the head of such agency shall furnish 
such information to the Commission. 
(i) OTHER AUTHORITY.— 
(1) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—The Commission may procure by contract, to 
the extent funds are available, the temporary or inter-
mittent services of experts or consultants pursuant to 
section 3109 of title 5, United States Code. 
(2) LEASING AND ACQUISITION OF PROPERTY.— 
To the extent funds are available, the Commission 
may lease real property and acquire personal prop-
erty either of its own accord or in consultation with 
the General Services Administration. 
(j) TERMINATION.—The Commission shall terminate 
on December 31, 2023. 
(k) PROHIBITION AGAINST RESTRICTING COMMUNICA-
TIONS.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), no person may restrict an employee of the 
Department of Veterans Affairs in communicating 
with the Commission. 
(2) UNLAWFUL
COMMUNICATIONS.—Paragraph 
(1) does not apply to a communication that is unlaw-
ful. 
SEC. 103. PROCEDURE FOR MAKING RECOMMENDATIONS. 
(a) SELECTION CRITERIA.— 
(1) PUBLICATION.—The Secretary shall, not later 
than February 1, 2021, and after consulting with vet-
erans service organizations, publish in the Federal 
Register and transmit to the Committees on Veterans’ 
Affairs of the Senate and the House of Representatives 
the criteria proposed to be used by the Department of 
Veterans Affairs in assessing and making rec-
ommendations regarding the modernization or re-
alignment of facilities of the Veterans Health Admin-
istration under this title. Such criteria shall include 
the preferences of veterans regarding health care fur-
nished by the Department. 
(2) PUBLIC COMMENT.—The Secretary shall pro-
vide an opportunity for public comment on the pro-
posed criteria under paragraph (1) for a period of at 
least 90 days and shall include notice of that oppor-
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tunity in the publication required under such para-
graph. 
(3) PUBLICATION OF FINAL CRITERIA.—The Sec-
retary shall, not later than May 31, 2021, publish in 
the Federal Register and transmit to the Committees 
on Veterans’ Affairs of the Senate and the House of 
Representatives the final criteria to be used in mak-
ing recommendations regarding the closure, mod-
ernization, or realignment of facilities of the Veterans 
Health Administration under this title. 
(b) RECOMMENDATIONS OF THE SECRETARY.— 
(1) PUBLICATION IN FEDERAL REGISTER.—The 
Secretary shall, not later than January 31, 2022, and 
after consulting with veterans service organizations, 
publish in the Federal Register and transmit to the 
Committees on Veterans’ Affairs of the Senate and the 
House of Representatives and to the Commission a re-
port detailing the recommendations regarding the 
modernization or realignment of facilities of the Vet-
erans Health Administration on the basis of the final 
criteria referred to in subsection (a)(2) that are ap-
plicable. 
(2) FACTORS FOR CONSIDERATION.—In making 
recommendations under this subsection, the Secretary 
shall consider each of the following factors: 
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(A) The degree to which any health care de-
livery or other site for providing services to vet-
erans reflect the metrics of the Department of 
Veterans Affairs regarding market area health 
system planning. 
(B) The provision of effective and efficient 
access to high-quality health care and services for 
veterans. 
(C) The extent to which the real property 
that no longer meets the needs of the Federal 
Government could be reconfigured, repurposed, 
consolidated, realigned, exchanged, outleased, 
repurposed, replaced, sold, or disposed. 
(D) The need of the Veterans Health Ad-
ministration to acquire infrastructure or facili-
ties that will be used for the provision of health 
care and services to veterans. 
(E) The extent to which the operating and 
maintenance costs are reduced through consoli-
dating, colocating, and reconfiguring space, and 
through realizing other operational efficiencies. 
(F) The extent and timing of potential costs 
and savings, including the number of years such 
costs or savings will be incurred, beginning with 
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the date of completion of the proposed rec-
ommendation. 
(G) The extent to which the real property 
aligns with the mission of the Department of 
Veterans Affairs. 
(H) The extent to which any action would 
impact other missions of the Department (in-
cluding education, research, or emergency pre-
paredness). 
(I) Local stakeholder inputs and any factors 
identified through public field hearings. 
(J) The assessments under paragraph (3). 
(K) Any other such factors the Secretary de-
termines appropriate. 
(3) CAPACITY
AND
COMMERCIAL
MARKET
AS-
SESSMENTS.— 
(A) ASSESSMENTS.—The Secretary shall as-
sess the capacity of each Veterans Integrated 
Service Network and medical facility of the De-
partment to furnish hospital care or medical 
services to veterans under chapter 17 of title 38, 
United States Code. Each such assessment 
shall— 
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(i) identify gaps in furnishing such 
care or services at such Veterans Integrated 
Service Network or medical facility; 
(ii) identify how such gaps can be 
filled by— 
(I) entering into contracts or 
agreements with network providers 
under this section or with entities 
under other provisions of law; 
(II) making changes in the way 
such care and services are furnished at 
such Veterans Integrated Service Net-
work or medical facility, including— 
(aa) extending hours of oper-
ation; 
(bb) adding personnel; or 
(cc) expanding space through 
the construction, leasing, or shar-
ing of health care facilities; 
(III) the building or realignment 
of Department resources or personnel; 
(iii) forecast, based on future projec-
tions and historical trends, both the short- 
and long-term demand in furnishing care 
or services at such Veterans Integrated Serv-
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ice Network or medical facility and assess 
how such demand affects the needs to use 
such network providers; 
(iv) include a commercial health care 
market assessment of designated catchment 
areas in the United States conducted by a 
non-governmental entity; and 
(v) consider the unique ability of the 
Federal Government to retain a presence in 
an area otherwise devoid of commercial 
health care providers or from which such 
providers are at risk of leaving. 
(B) CONSULTATION.—In carrying out the 
assessments under subparagraph (A), the Sec-
retary shall consult with veterans service organi-
zations and veterans served by each such Vet-
erans Integrated Service Network and medical 
facility. 
(C) SUBMITTAL.—The Secretary shall sub-
mit such assessments to the Committees on Vet-
erans’ Affairs of the House of Representatives 
and the Senate with the recommendations of the 
Secretary under this subsection and make the as-
sessments publicly available. 
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(4) SUMMARY
OF
SELECTION
PROCESS.—The 
Secretary shall include, with the list of recommenda-
tions published and transmitted pursuant to para-
graph (1), a summary of the selection process that re-
sulted in the recommendation for each facility of the 
Veterans Health Administration, including a jus-
tification for each recommendation. The Secretary 
shall transmit the matters referred to in the preceding 
sentence not later than 7 days after the date of the 
transmittal to the Committees on Veterans’ Affairs of 
the Senate and the House of Representatives and the 
Commission of the report referred to in paragraph 
(1). 
(5) TREATMENT
OF
FACILITIES.—In assessing 
facilities of the Veterans Health Administration, the 
Secretary shall consider all such facilities equally 
without regard to whether the facility has been pre-
viously considered or proposed for reuse, closure, mod-
ernization, or realignment by the Department of Vet-
erans Affairs. 
(6) AVAILABILITY
OF
INFORMATION
TO
CON-
GRESS.—In addition to making all information used 
by the Secretary to prepare the recommendations 
under this subsection available to Congress (including 
any committee or Member of Congress), the Secretary 
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shall also make such information available to the 
Commission and the Comptroller General of the 
United States. 
(7) CERTIFICATION OF ACCURACY.— 
(A) IN GENERAL.—Each person referred to 
in subparagraph (B), when submitting informa-
tion to the Secretary or the Commission con-
cerning the modernization or realignment of a 
facility of the Veterans Health Administration, 
shall certify that such information is accurate 
and complete to the best of that person’s knowl-
edge and belief. 
(B) 
COVERED
PERSONS.—Subparagraph 
(A) applies to the following persons: 
(i) Each Under Secretary of the De-
partment of Veterans Affairs. 
(ii) Each director of a Veterans Inte-
grated Service Network. 
(iii) Each director of a medical center 
of the Department of Veterans Affairs. 
(iv) Each director of a program office 
of the Department of Veterans Affairs. 
(v) Each person who is in a position 
the duties of which include personal and 
substantial involvement in the preparation 
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and submission of information and rec-
ommendations concerning the moderniza-
tion or realignment of facilities of the Vet-
erans Health Administration. 
(c) REVIEW AND RECOMMENDATIONS BY THE COMMIS-
SION.— 
(1) PUBLIC HEARINGS.— 
(A) IN GENERAL.—After receiving the rec-
ommendations from the Secretary pursuant to 
subsection (b), the Commission shall conduct 
public hearings on the recommendations. 
(B) LOCATIONS.—The Commission shall 
conduct public hearings in regions affected by a 
recommendation of the Secretary to close a facil-
ity of the Veterans Health Administration. To 
the greatest extent practicable, the Commission 
shall conduct public hearings in regions affected 
by a recommendation of the Secretary to mod-
ernize or realign such a facility. 
(C) REQUIRED
WITNESSES.—Witnesses at 
each public hearing shall include at a min-
imum— 
(i) a veteran— 
(I) enrolled under section 1705 of 
title 38, United States Code; and 
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(II) identified by a local veterans 
service organization; and 
(ii) a local elected official. 
(2) TRANSMITTAL TO PRESIDENT.— 
(A) IN GENERAL.—The Commission shall, 
not later than January 31, 2023, transmit to the 
President a report containing the Commission’s 
findings and conclusions based on a review and 
analysis of the recommendations made by the 
Secretary, together with the Commission’s rec-
ommendations, for modernizations and realign-
ments of facilities of the Veterans Health Admin-
istration. 
(B) AUTHORITY TO MAKE CHANGES TO REC-
OMMENDATIONS.—Subject to subparagraph (C), 
in making its recommendations, the Commission 
may change any recommendation made by the 
Secretary if the Commission— 
(i) determines that the Secretary devi-
ated substantially from the final criteria re-
ferred to in subsection (a)(2) in making 
such recommendation; 
(ii) determines that the change is con-
sistent with the final criteria referred to in 
subsection (a)(2); 
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(iii) publishes a notice of the proposed 
change in the Federal Register not less than 
days 
before 
transmitting 
its 
rec-
ommendations to the President pursuant to 
subparagraph (A); and 
(iv) conducts public hearings on the 
proposed change. 
(3) JUSTIFICATION
FOR
CHANGES.—The Com-
mission shall explain and justify in its report sub-
mitted to the President pursuant to paragraph (2) 
any recommendation made by the Commission that is 
different from the recommendations made by the Sec-
retary pursuant to subsection (b). The Commission 
shall transmit a copy of such report to the Commit-
tees on Veterans’ Affairs of the Senate and the House 
of Representatives on the same date on which it 
transmits its recommendations to the President under 
paragraph (2). 
(4) PROVISION
OF
INFORMATION
TO
CON-
GRESS.—After January 31, 2023, the Commission 
shall promptly provide, upon request, to any Member 
of Congress information used by the Commission in 
making its recommendations. 
(d) REVIEW BY THE PRESIDENT.— 
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(1) REPORT.—The President shall, not later 
than February 15, 2023, transmit to the Commission 
and to the Congress a report containing the Presi-
dent’s approval or disapproval of the Commission’s 
recommendations. 
(2) PRESIDENTIAL APPROVAL.—If the President 
approves all the recommendations of the Commission, 
the President shall transmit a copy of such rec-
ommendations to the Congress, together with a certifi-
cation of such approval. 
(3) PRESIDENTIAL DISAPPROVAL.—If the Presi-
dent disapproves the recommendations of the Commis-
sion, in whole or in part, the President shall transmit 
to the Commission and the Congress, not later than 
March 1, 2023, the reasons for that disapproval. The 
Commission shall then transmit to the President, not 
later than March 15, 2023, a revised list of rec-
ommendations for closures, modernizations, and re-
alignments of facilities of the Veterans Health Admin-
istration. 
(4) TRANSMITTAL
OF
RECOMMENDATIONS
TO 
CONGRESS.—If the President approves all of the re-
vised recommendations of the Commission trans-
mitted to the President under paragraph (3), the 
President shall transmit a copy of such revised rec-
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ommendations to the Congress, together with a certifi-
cation of such approval. 
(5) FAILURE
TO
TRANSMIT.—If the President 
does not transmit to the Congress an approval and 
certification described in paragraph (2) or (4) by 
March 30, 2023, the process by which facilities of the 
Veterans Health Administration may be selected for 
modernization or realignment under this title shall be 
terminated. 
SEC. 104. ACTIONS REGARDING INFRASTRUCTURE AND FA-
CILITIES OF THE VETERANS HEALTH ADMIN-
ISTRATION. 
(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall begin to implement the recommended mod-
ernizations and realignments in the report under section 
103(d) not later than three years after the date on which 
the President transmits such report to Congress. Such im-
plementation includes the planning of modernizations and 
realignments of facilities of the Veterans Health Adminis-
tration as recommended in such report. 
(b) CONGRESSIONAL DISAPPROVAL.— 
(1) IN GENERAL.—The Secretary may not carry 
out any modernization or realignment recommended 
by the Commission in a report transmitted from the 
President pursuant to section 103(d) if a joint resolu-
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tion is enacted, in accordance with the provisions of 
section 107, disapproving such recommendations of 
the Commission before the earlier of— 
(A) the end of the 45-day period beginning 
on the date on which the President transmits 
such report; or 
(B) the adjournment of Congress sine die 
for the session during which such report is trans-
mitted. 
(2) COMPUTATION OF PERIOD.—For purposes of 
paragraph (1) and subsections (a) and (c) of section 
107, the days on which either House of Congress is 
not in session because of an adjournment of more 
than three days to a day certain shall be excluded in 
the computation of a period. 
(c) SPECIFIC AUTHORIZATION.—Any obligation or ex-
penditure of funds for any major medical facility project 
or any major medical facility lease under subsection (a) 
shall be treated as if specifically authorized by law for pur-
poses of section 8104 of title 38, United States Code, as 
amended by sections 201 and 202 of this Act. 
SEC. 105. IMPLEMENTATION. 
(a) IN GENERAL.— 
(1) MODERNIZING
AND
REALIGNING
FACILI-
TIES.—In modernizing or realigning any facility of 
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the Veterans Health Administration under this title, 
the Secretary may— 
(A) take such actions as may be necessary 
to modernize or realign any such facility, in-
cluding the alteration of such facilities, the ac-
quisition of such land, the leasing or construc-
tion of such replacement facilities, the disposi-
tion of such land or facilities, the performance of 
such activities, and the conduct of such advance 
planning and design as may be required to 
transfer functions from a facility of the Veterans 
Health Administration to another such facility, 
and may use for such purpose funds in the Ac-
count or funds appropriated to the Department 
of Veterans Affairs for such purposes; 
(B) carry out activities for the purposes of 
environmental mitigation, abatement, or restora-
tion at any such facility, and shall use for such 
purposes funds in the Account; 
(C) provide outplacement assistance to em-
ployees employed by the Department of Veterans 
Affairs at facilities of the Veterans Health Ad-
ministration being closed or realigned, and may 
use for such purpose funds in the Account or 
funds appropriated to the Department of Vet-
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erans Affairs for outplacement assistance to em-
ployees; 
(D) reimburse other Federal agencies for ac-
tions performed at the request of the Secretary 
with respect to any such closure or realignment, 
and may use for such purpose funds in the Ac-
count or funds appropriated to the Department 
of Veterans Affairs and available for such pur-
pose; and 
(E) exercise the authority of the Secretary 
under subchapter V of chapter 81 of title 38, 
United States Code. 
(2) ENVIRONMENTAL
RESTORATION; HISTORIC 
PRESERVATION.—In carrying out any closure or re-
alignment under this title, the Secretary, with regards 
to any property made excess to the needs of the De-
partment of Veterans Affairs as a result of such clo-
sure or realignment, shall carry out, as soon as pos-
sible with funds available for such purpose, any of the 
following for which the Secretary is responsible: 
(A) Environmental mitigation. 
(B) Environmental abatement. 
(C) Environmental restoration. 
(D) Compliance with historic preservation 
requirements. 
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(b) MANAGEMENT AND DISPOSAL OF PROPERTY.— 
(1) 
EXISTING
DISPOSAL
AUTHORITIES.—To 
transfer or dispose of surplus real property or infra-
structure located at any facility of the Veterans 
Health Administration that is modernized or re-
aligned under this Act, the Secretary may exercise the 
authorities of the Secretary under subchapters I and 
II of chapter 81 of title 38, United States Code, or 
the authorities delegated to the Secretary by the Ad-
ministrator of General Services under subchapter III 
of chapter 5 of title 40, United States Code. 
(2) EFFECTS ON LOCAL COMMUNITIES.— 
(A) CONSULTATION WITH STATE AND LOCAL 
GOVERNMENT.—Before any action may be taken 
with respect to the disposal of any surplus real 
property or infrastructure located at any facility 
of the Veterans Health Administration to be 
closed or realigned under this title, the Secretary 
of Veterans Affairs shall consult with the Gov-
ernor of the State and the heads of the local gov-
ernments concerned for the purpose of consid-
ering any plan for the use of such property by 
the local community concerned. 
(B) TREATMENT OF ROADS.—If infrastruc-
ture or a facility of the Veterans Health Admin-
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istration to be closed or realigned under this title 
includes a road used for public access through, 
into, or around the facility, the Secretary— 
(i) shall consult with the Government 
of the State and the heads of the local gov-
ernments concerned for the purpose of con-
sidering the continued availability of the 
road for public use after the recommended 
action is complete; and 
(ii) may exercise the authority of the 
Secretary under section 8108 of title 38, 
United States Code. 
(3) LEASES; CERCLA.— 
(A) LEASE AUTHORITY.— 
(i) TRANSFER TO REDEVELOPMENT AU-
THORITY FOR LEASE.—The Secretary may 
transfer title to a facility of the Veterans 
Health Administration approved for closure 
or realignment under this title (including 
property at a facility of the Veterans Health 
Administration approved for realignment 
which will be retained by the Department of 
Veterans Affairs or another Federal agency 
after realignment) to the redevelopment au-
thority for the facility if the redevelopment 
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authority agrees to lease, directly upon 
transfer, one or more portions of the prop-
erty transferred under this subparagraph to 
the Secretary or to the head of another de-
partment or agency of the Federal Govern-
ment. 
(ii) TERM OF LEASE.—A lease under 
clause (i) shall be for a term of not to exceed 
50 years, but may provide for options for 
renewal or extension of the term by the de-
partment or agency concerned. 
(iii) 
LIMITATION.—A 
lease 
under 
clause (i) may not require rental payments 
by the United States. 
(iv) TREATMENT
OF
REMAINDERED 
LEASE
TERMS.—A lease under clause (i) 
shall include a provision specifying that if 
the department or agency concerned ceases 
requiring the use of the leased property be-
fore the expiration of the term of the lease, 
the remainder of the lease term may be sat-
isfied by the same or another department or 
agency of the Federal Government using the 
property for a use similar to the use under 
the lease. Exercise of the authority provided 
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by this clause shall be made in consultation 
with the redevelopment authority concerned. 
(v) 
FACILITY
SERVICES.—Notwith-
standing clause (iii), if a lease under clause 
(i) involves a substantial portion of the fa-
cility, the department or agency concerned 
may obtain facility services for the leased 
property and common area maintenance 
from the redevelopment authority or the re-
development authority’s assignee as a provi-
sion of the lease. The facility services and 
common area maintenance shall be provided 
at a rate no higher than the rate charged to 
non-Federal tenants of the transferred prop-
erty. Facility services and common area 
maintenance covered by the lease shall not 
include— 
(I) municipal services that a 
State or local government is required 
by law to provide to all landowners in 
its jurisdiction without direct charge; 
or 
(II) firefighting or security-guard 
functions. 
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(B) APPLICATION OF CERCLA.—The provi-
sions of section 120(h) of the Comprehensive En-
vironmental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9620(h)) shall 
apply to any transfer of real property under this 
paragraph. 
(C) ADDITIONAL TERMS AND CONDITIONS.— 
The Secretary may require any additional terms 
and conditions in connection with a transfer 
under this paragraph as such Secretary con-
siders appropriate to protect the interests of the 
United States. 
(4) APPLICATION
OF
MCKINNEY-VENTO
HOME-
LESS ASSISTANCE ACT.—Nothing in this title shall 
limit or otherwise affect the application of the provi-
sions of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11301 et seq.) to facilities of the Veterans 
Health Administration closed under this title. 
(c) APPLICABILITY
OF NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969.— 
(1) IN GENERAL.—The provisions of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) shall not apply to the actions of the President, 
the Commission, and, except as provided in para-
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pamtmann on DSKBFK8HB2PROD with BILLS
graph (2), the Department of Veterans Affairs in car-
rying out this title. 
(2) DEPARTMENT OF VETERANS AFFAIRS.— 
(A) COVERED ACTIVITIES.—The provisions 
of the National Environmental Policy Act of 
1969 shall apply to actions of the Department of 
Veterans Affairs under this title— 
(i) during the process of property dis-
posal; and 
(ii) during the process of relocating 
functions from a facility of the Veterans 
Health Administration being closed or re-
aligned to another facility after the receiv-
ing facility has been selected but before the 
functions are relocated. 
(B) OTHER ACTIVITIES.—In applying the 
provisions of the National Environmental Policy 
Act of 1969 to the processes referred to in sub-
paragraph (A), the Secretary shall not have to 
consider— 
(i) the need for closing or realigning 
the facility of the Veterans Health Adminis-
tration as recommended by the Commission; 
(ii) the need for transferring functions 
to any facility of the Veterans Health Ad-
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