I 
115TH CONGRESS 
1ST SESSION H. R. 4243 
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 
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, relo-
cation, and retention. 
Sec. 302. Appropriation of amounts. 
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 
duties 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 con-
sent of the Senate. 
(B) TRANSMISSION
OF
NOMINATIONS.— 
The President shall transmit to the Senate the 
nominations 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 con-
sult with— 
(A) the Speaker of the House of Rep-
resentatives; 
(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 nomi-
nating individuals under this subsection, the Presi-
dent shall ensure that— 
(A) veterans, reflecting current demo-
graphics of veterans enrolled in the system of 
annual patient enrollment under section 1705 
of title 38, United States Code, are adequately 
represented in the membership of the Commis-
sion; 
(B) at least one member of the Commis-
sion has experience working for a private inte-
grated health care system that has annual gross 
revenues of more than $50,000,000; 
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(C) at least one member has experience as 
a senior manager for an entity specified in 
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, leas-
ing, 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. 
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(B) OPEN
PARTICIPATION.—All the pro-
ceedings, information, and deliberations of the 
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 re-
ceived 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— 
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(A) has not served as an employee of the 
Department of Veterans Affairs during the one- 
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 
Executive Schedule under section 5315 of title 5, 
United States Code. 
(h) STAFF.— 
(1) PAY
OF
PERSONNEL.—Subject to para-
graphs (2) and (3), the Director, with the approval 
of the Commission, may appoint and fix the pay of 
additional personnel. 
(2) EXEMPTION
FROM
CERTAIN
REQUIRE-
MENTS.—The Director may make such appoint-
ments without regard to the provisions of title 5, 
United States Code, governing appointments in the 
competitive 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 
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pay rates, except that an individual so appointed 
may not receive pay in excess of the annual rate of 
basic pay payable for GS–15 of the General Sched-
ule. 
(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 
Commission staff may be persons detailed from 
the Department of Veterans Affairs to the 
Commission. 
(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 de-
tail is to begin, that person participated person-
ally and substantially in any matter within the 
Department 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 
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Federal department or agency, upon the request of 
the Director, may detail any of the personnel of that 
department 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 
intermittent services of experts or consultants pursu-
ant to section 3109 of title 5, United States Code. 
(2) LEASING
AND
ACQUISITION
OF
PROP-
ERTY.—To the extent funds are available, the Com-
mission may lease real property and acquire personal 
property either of its own accord or in consultation 
with the General Services Administration. 
(j) TERMINATION.—The Commission shall terminate 
on December 31, 2023. 
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(k) PROHIBITION AGAINST RESTRICTING COMMU-
NICATIONS.— 
(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 un-
lawful. 
SEC. 103. PROCEDURE FOR MAKING RECOMMENDATIONS. 
(a) SELECTION CRITERIA.— 
(1) PUBLICATION.—The Secretary shall, not 
later than February 1, 2021, 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 the criteria proposed to be used by 
the Department of Veterans Affairs in assessing and 
making recommendations regarding the moderniza-
tion or realignment of facilities of the Veterans 
Health Administration under this title. Such criteria 
shall include the preferences of veterans regarding 
health care furnished by the Department. 
(2) PUBLIC
COMMENT.—The Secretary shall 
provide an opportunity for public comment on the 
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proposed criteria under paragraph (1) for a period 
of at least 90 days and shall include notice of that 
opportunity in the publication required under such 
paragraph. 
(3) PUBLICATION
OF
FINAL
CRITERIA.—The 
Secretary shall, not later than May 31, 2021, pub-
lish 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 making recommendations regarding the clo-
sure, modernization, 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 organiza-
tions, publish in the Federal Register and transmit 
to the Committees on Veterans’ Affairs of the Sen-
ate and the House of Representatives and to the 
Commission a report detailing the recommendations 
regarding the modernization or realignment of facili-
ties of the Veterans Health Administration on the 
basis of the final criteria referred to in subsection 
(a)(2) that are applicable. 
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(2) FACTORS FOR CONSIDERATION.—In making 
recommendations under this subsection, the Sec-
retary shall consider each of the following factors: 
(A) The degree to which any health care 
delivery or other site for providing services to 
veterans 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. 
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(F) The extent and timing of potential 
costs and savings, including the number of 
years such costs or savings will be incurred, be-
ginning with the date of completion of the pro-
posed recommendation. 
(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 fac-
tors identified through public field hearings. 
(J) The assessments under paragraph (3). 
(K) Any other such factors the Secretary 
determines appropriate. 
(3) CAPACITY AND COMMERCIAL MARKET AS-
SESSMENTS.— 
(A) ASSESSMENTS.—The Secretary shall 
assess 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 
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(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 
Service Network or medical facility and as-
sess how such demand affects the needs to 
use such network providers; 
(iv) include a commercial health care 
market assessment of designated catch-
ment 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 orga-
nizations 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 
Veterans’ Affairs of the House of Representa-
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tives and the Senate with the recommendations 
of the Secretary under this subsection and 
make the assessments publicly available. 
(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 
resulted 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 pre-
ceding 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 Representa-
tives 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, 
modernization, or realignment by the Department of 
Veterans Affairs. 
(6) AVAILABILITY OF INFORMATION TO CON-
GRESS.—In addition to making all information used 
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by the Secretary to prepare the recommendations 
under this subsection available to Congress (includ-
ing any committee or Member of Congress), the Sec-
retary 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. 
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(v) Each person who is in a position 
the duties of which include personal and 
substantial involvement in the preparation 
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 COM-
MISSION.— 
(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 fa-
cility of the Veterans Health Administration. 
To the greatest extent practicable, the Commis-
sion shall conduct public hearings in regions af-
fected by a recommendation of the Secretary to 
modernize or realign such a facility. 
(C) REQUIRED WITNESSES.—Witnesses at 
each public hearing shall include at a min-
imum— 
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(i) a veteran— 
(I) enrolled under section 1705 
of title 38, United States Code; and 
(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 Commis-
sion’s findings and conclusions based on a re-
view and analysis of the recommendations made 
by the Secretary, together with the Commis-
sion’s recommendations, for modernizations and 
realignments of facilities of the Veterans Health 
Administration. 
(B) AUTHORITY
TO
MAKE
CHANGES
TO 
RECOMMENDATIONS.—Subject to subparagraph 
(C), in making its recommendations, the Com-
mission may change any recommendation made 
by the Secretary if the Commission— 
(i) determines that the Secretary devi-
ated substantially from the final criteria 
referred to in subsection (a)(2) in making 
such recommendation; 
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(ii) determines that the change is con-
sistent with the final criteria referred to in 
subsection (a)(2); 
(iii) publishes a notice of the proposed 
change in the Federal Register not less 
than 45 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 
Secretary pursuant to subsection (b). The Commis-
sion shall transmit a copy of such report to the 
Committees on Veterans’ Affairs of the Senate and 
the House of Representatives on the same date on 
which it transmits its recommendations to the Presi-
dent under paragraph (2). 
(4) PROVISION
OF
INFORMATION
TO
CON-
GRESS.—After January 31, 2023, the Commission 
shall promptly provide, upon request, to any Member 
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vised recommendations of the Commission trans-
mitted to the President under paragraph (3), the 
President shall transmit a copy of such revised rec-
ommendations to the Congress, together with a cer-
tification 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.— 
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(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 reso-
lution 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 
transmitted. 
(2) COMPUTATION OF PERIOD.—For purposes 
of paragraph (1) and subsections (a) and (c) of sec-
tion 107, the days on which either House of Con-
gress is not in session because of an adjournment of 
more than three days to a day certain shall be ex-
cluded in the computation of a period. 
(c) SPECIFIC AUTHORIZATION.—Any obligation or 
expenditure 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. 
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SEC. 105. IMPLEMENTATION. 
(a) IN GENERAL.— 
(1) MODERNIZING
AND
REALIGNING
FACILI-
TIES.—In modernizing or realigning any facility of 
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 ad-
vance planning and design as may be required 
to transfer functions from a facility of the Vet-
erans Health Administration to another such 
facility, and may use for such purpose funds in 
the Account or funds appropriated to the De-
partment of Veterans Affairs for such purposes; 
(B) carry out activities for the purposes of 
environmental mitigation, abatement, or res-
toration 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 Vet-
erans Affairs at facilities of the Veterans 
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Health Administration being closed or re-
aligned, and may use for such purpose funds in 
the Account or funds appropriated to the De-
partment of Veterans Affairs for outplacement 
assistance to employees; 
(D) reimburse other Federal agencies for 
actions performed at the request of the Sec-
retary with respect to any such closure or re-
alignment, and may use for such purpose funds 
in the Account or funds appropriated to the De-
partment of Veterans Affairs and available for 
such purpose; 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 re-
gards to any property made excess to the needs of 
the Department of Veterans Affairs as a result of 
such closure or realignment, shall carry out, as soon 
as possible with funds available for such purpose, 
any of the following for which the Secretary is re-
sponsible: 
(A) Environmental mitigation. 
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(B) Environmental abatement. 
(C) Environmental restoration. 
(D) Compliance with historic preservation 
requirements. 
(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 
Administrator 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 Adminis-
tration to be closed or realigned under this title, 
the Secretary of Veterans Affairs shall consult 
with the Governor of the State and the heads 
of the local governments concerned for the pur-
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pose of considering any plan for the use of such 
property by the local community concerned. 
(B) TREATMENT
OF
ROADS.—If infra-
structure or a facility of the Veterans Health 
Administration to be closed or realigned under 
this title includes a road used for public access 
through, into, or around the facility, the Sec-
retary— 
(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 
AUTHORITY
FOR
LEASE.—The Secretary 
may transfer title to a facility of the Vet-
erans Health Administration approved for 
closure or realignment under this title (in-
cluding property at a facility of the Vet-
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erans Health Administration approved for 
realignment which will be retained by the 
Department of Veterans Affairs or another 
Federal agency after realignment) to the 
redevelopment authority for the facility if 
the redevelopment authority agrees to 
lease, directly upon transfer, one or more 
portions of the property transferred under 
this subparagraph to the Secretary or to 
the head of another department or agency 
of the Federal Government. 
(ii) TERM OF LEASE.—A lease under 
clause (i) shall be for a term of not to ex-
ceed 50 years, but may provide for options 
for renewal or extension of the term by the 
department 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, 
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the remainder of the lease term may be 
satisfied by the same or another depart-
ment or agency of the Federal Government 
using the property for a use similar to the 
use under the lease. Exercise of the au-
thority provided by this clause shall be 
made in consultation with the redevelop-
ment 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 
redevelopment authority’s assignee as a 
provision 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 property. Facility services and 
common area maintenance covered by the 
lease shall not include— 
(I) municipal services that a 
State or local government is required 
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by law to provide to all landowners in 
its jurisdiction without direct charge; 
or 
(II) firefighting or security-guard 
functions. 
(B) APPLICATION OF CERCLA.—The provi-
sions of section 120(h) of the Comprehensive 
Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9620(h)) shall 
apply to any transfer of real property under 
this paragraph. 
(C) ADDITIONAL
TERMS
AND
CONDI-
TIONS.—The Secretary may require any addi-
tional terms and conditions in connection with 
a transfer under this paragraph as such Sec-
retary considers appropriate to protect the in-
terests 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. 
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(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969.— 
(1) IN GENERAL.—The provisions of the Na-
tional 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 paragraph (2), the Department of Veterans Af-
fairs in carrying 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-
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srobinson on DSKBC5CHB2PROD with BILLS
paragraph (A), the Secretary shall not have to 
consider— 
(i) the need for closing or realigning 
the facility of the Veterans Health Admin-
istration as recommended by the Commis-
sion; 
(ii) the need for transferring functions 
to any facility of the Veterans Health Ad-
ministration which has been selected as the 
receiving facility; or 
(iii) facilities of the Veterans Health 
Administration alternative to those rec-
ommended or selected. 
(d) WAIVER.— 
(1) RESTRICTIONS
ON
USE
OF
FUNDS.—The 
Secretary may close or realign facilities of the Vet-
erans Health Administration under this title without 
regard to any provision of law restricting the use of 
funds for closing or realigning facilities of the Vet-
erans Health Administration included in any appro-
priation or authorization Act. 
(2) RESTRICTIONS ON AUTHORITIES.—The Sec-
retary may close or realign facilities of the Veterans 
Health Administration under this title without re-
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gard to the restrictions of section 8110 of title 38, 
United States Code. 
(e) TRANSFER AUTHORITY IN CONNECTION WITH 
PAYMENT OF ENVIRONMENTAL REMEDIATION COSTS.— 
(1) IN GENERAL.— 
(A) TRANSFER
BY
DEED.—Subject to 
paragraph (2) of this subsection and section 
120(h) of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9620(h)), the Secretary may 
enter into an agreement to transfer by deed a 
facility of the Veterans Health Administration 
with any person who agrees to perform all envi-
ronmental restoration, waste management, and 
environmental compliance activities that are re-
quired for the property or facilities under Fed-
eral and State laws, administrative decisions, 
agreements (including schedules and mile-
stones), and concurrences. 
(B) 
ADDITIONAL
TERMS
OR
CONDI-
TIONS.—The Secretary may require any addi-
tional terms and conditions in connection with 
an agreement authorized by subparagraph (A) 
as the Secretary considers appropriate to pro-
tect the interests of the United States. 
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