Sec. 703. TREATMENT OF MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT OF VETERANS AFFAIRS
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## SEC. 703 TREATMENT OF MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT OF VETERANS AFFAIRS ###
(a)Congressional Approval of Major Medical Facility Leases Paragraph
(2)of subsection
(a)of section 8104 of title 38, United States Code, is amended— ####
(1)by striking “No funds” and inserting “(A) No funds”; ####
(2)by striking “or any major medical facility lease”; ####
(3)by striking “or lease”; and ####
(4)by adding at the end the following new subparagraph: > > ##### “(B) > > No funds may be appropriated for any fiscal year, and the Secretary may not obligate or expend funds (other than for advance planning and design), for any major medical facility lease unless the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives each adopt a resolution approving the lease.” > . ###
(b)Modification of Definition of Major Medical Facility Lease Subparagraph
(B)of paragraph
(3)of such subsection is amended to read as follows: > > ##### “(B) > > The term ‘major medical facility lease’— > > > ###### “(i) > > means a lease for space for use as a new medical facility approved through the General Services Administration under section 3307(a) of title 40 at an average annual rent equal to or greater than the appropriate dollar threshold described in such section, which shall be subject to annual adjustment in accordance with section 3307(h) of such title; and > > > ###### “(ii) > > does not include a lease for space for use as a shared Federal medical facility for which the Department’s estimated share of the lease costs does not exceed such dollar threshold.” > . ###
(c)Separate Prospectus Requirement for Major Medical Facility Leases Subsection
(b)of such section is amended— ####
(1)by striking paragraph (7); ####
(2)in paragraph (1), by redesignating subparagraphs
(A)through
(E)as clauses
(i)through (v), respectively; ####
(3)in paragraph (6), by redesignating subparagraphs
(A)through
(C)as clauses
(i)through (iii), respectively; ####
(4)by redesignating paragraphs
(1)through
(6)as subparagraphs
(A)through (F), respectively; ####
(5)in the matter preceding subparagraph (A), as redesignated by paragraph (4)— #####
(A)by striking “Whenever the President” and inserting “(1) Whenever the President”; #####
(B)by striking “the Congress” and inserting “Congress”; and #####
(C)by striking “or a major medical facility lease (as defined in subsection (a)(3)(B))”; ####
(6)in subparagraph (A), as redesignated by paragraph (4), by striking “leased,”; ####
(7)in subparagraph (E), as redesignated by paragraph (4)— #####
(A)by striking “or lease” each place it appears; and #####
(B)by striking “or leases”; and ####
(8)by adding at the end the following new paragraph: > > #### “(2) > > Whenever the President or the Secretary submit to Congress a request for the funding of a major medical facility lease (as defined in subsection (a)(3)(B)), the Secretary shall submit to each committee, on the same day, a prospectus of the proposed medical facility. Any such prospectus shall include the following: > > > ##### “(A) > > A description of the facility to be leased. > > > ##### “(B) > > An estimate of the cost to the Federal Government of the facility to be leased. > > > ##### “(C) > > An estimate of the energy performance of the proposed lease space, to include a description of anticipated utilization of renewable energy, energy efficient and climate resilient elements, and related matters. > > > ##### “(D) > > Current and projected workload and utilization data regarding the facility to be leased, including information on projected changes in workload and utilization over a five-year period, a ten-year period, and a twenty-year period. > > > ##### “(E) > > A detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A-11 and section 1341 of title 31 (commonly referred to as the ‘Anti-Deficiency Act’). Any such analysis shall include— > > > ###### “(i) > > an analysis of the classification of the lease as a ‘lease purchase’, a ‘capital lease’, or an ‘operating lease’ as those terms are defined in Office of Management and Budget Circular A-11; > > > ###### “(ii) > > an analysis of the obligation of budgetary resources associated with the lease; and > > > ###### “(iii) > > an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.” > . ###
(d)Interim Leasing Actions Such section is further amended by adding at the end the following new subsection: > > ### “(i) > > > ####
(1)> > Notwithstanding subsection (a)(2)(B), the Secretary may carry out interim leasing actions as the Secretary considers necessary for the following leases: > > > ##### “(A) > > Major medical facility leases (as defined in subsection (a)(3)(B)) approved pursuant to this section and for which a prospectus for a replacement lease has been submitted to Congress pursuant to subsection (b)(2). > > > ##### “(B) > > Replacement leases that do not require approval under this section and for which a prospectus has been submitted to Congress pursuant to subsection (b)(2). > > > #### “(2) > > In this subsection, the term ‘interim leasing actions’ has the meaning given that term by the Administrator of the General Services Administration.” > . ###
(e)Purchase Options Such section is further amended by adding at the end the following new subsection: > > ### “(j) > > The Secretary may obligate and expend funds to exercise a purchase option included in any major medical facility lease (as defined in subsection (a)(3)(B)).” > . ###
(f)Applicability **[**[38 U.S.C. 8104 note](/us/usc/t38/s8104)**]** The amendments made by this section shall apply with respect to any lease that has not been specifically authorized by law on or before the date of the enactment of this Act.
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Sec. 703
TREATMENT OF MAJOR MEDICAL FACILITY LEASES OF THE DEPARTMENT OF VETERANS AFFAIRS
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