Sec. 3. IMPROVEMENTS TO ENHANCED-USE LEASE AUTHORITY OF DEPARTMENT OF VETERANS AFFAIRS
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## 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: > > ### “(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 **[**[38 U.S.C. 8163](/us/usc/t38/s8163)**]** 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). > > > ##### “(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 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.
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Sec. 3
IMPROVEMENTS TO ENHANCED-USE LEASE AUTHORITY OF DEPARTMENT OF VETERANS AFFAIRS
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