West Los Angeles Leasing Act of 2016
PL 114-226 (H.R.5936), enacted 09/29/2016

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 DEPART-
MENT 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 sub-
chapter 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 corpora-
tion 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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130 STAT. 927 
PUBLIC LAW 114–226—SEPT. 29, 2016 
behalf of its University of California, Los Angeles (UCLA) cam-
pus (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 predomi-
nant 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 serv-
ices 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 Cam-
pus; 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 com-
pany providing electricity, gas, water, sewage, or tele-
communication 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 Sec-
retary considers appropriate. 
(3) TERMINATION.—Any easement or right-of-way author-
ized under paragraph (1) shall be terminated upon the abandon-
ment 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 sec-
tion 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 deter-
mines, 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 Appropria-
tions 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 other-
wise 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. 
Recommenda- 
tions. 
Establishment. 
Determination. 
Certification. 
Recommenda- 
tions. 
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130 STAT. 929 
PUBLIC LAW 114–226—SEPT. 29, 2016 
(B) provide advice and recommendations to the Sec-
retary to improve services and outcomes for veterans, mem-
bers 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 advo-
cates, 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 Vet-
erans’ 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 imple-
ment 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 author-
ized 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 vet-
erans 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 Depart-
ment 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 Vet-
erans 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.—Para-
graph (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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130 STAT. 931 
PUBLIC LAW 114–226—SEPT. 29, 2016 
‘‘(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 agree-
ment 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 fol-
lowing: ‘‘, 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 Commit-
tees 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 para-
graph: 
‘‘(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 fol-
lows through the period at the end and inserting ‘‘this 
subchapter.’’; and 
(iii) by adding at the end the following new para-
graph: 
‘‘(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 consider-
ation 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 agree-
ment 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 Sec-
retary under such authority to ensure procurement cost 
Assessment. 
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130 STAT. 933 
PUBLIC LAW 114–226—SEPT. 29, 2016 
LEGISLATIVE HISTORY—H.R. 5936: 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Sept. 12, considered and passed House. 
Sept. 19, considered and passed Senate. 
avoidance, negotiated cost avoidance, in-contract cost avoid-
ance, and rate reductions. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ 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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