
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC316]

 
                      TITLE 38--VETERANS' BENEFITS
 
                       PART I--GENERAL PROVISIONS
 
                CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS
 
Sec. 316. Colocation of regional offices and medical centers

    (a) To provide for a more economical, efficient, and effective 
operation of such regional offices, the Secretary shall provide for the 
colocation of at least three regional offices with medical centers of 
the Department--
        (1) on real property under the jurisdiction of the Department of 
    Veterans Affairs at such medical centers; or
        (2) on real property that is adjacent to such a medical center 
    and is under the jurisdiction of the Department as a result of being 
    conveyed to the United States for the purpose of such colocation.

    (b)(1) In carrying out this section and notwithstanding any other 
provision of law, the Secretary may lease, with or without compensation 
and for a period of not to exceed 35 years, to another party at not more 
than seven locations any of the real property described in paragraph (1) 
or (2) of subsection (a).
    (2) Such real property shall be used as the site of a facility--
        (A) constructed and owned by the lessee of such real property; 
    and
        (B) leased under subsection (c)(1) to the Department for such 
    use and such other activities as the Secretary determines are 
    appropriate.

    (c)(1) The Secretary may enter into a lease for the use of any 
facility described in subsection (b)(2) for not more than 35 years under 
such terms and conditions as may be in the best interests of the 
Department.
    (2) Each agreement for such a lease shall provide--
        (A) that the obligation of the United States to make payments 
    under the agreement is subject to the availability of appropriations 
    for that purpose; and
        (B) that the ownership of the facility shall vest in the United 
    States at the end of such lease.

    (d)(1) The Secretary may sublease any space in such a facility to 
another party at a rate not less than--
        (A) the rental rate paid by the Secretary for such space under 
    subsection (c); plus
        (B) the amount the Secretary pays for the costs of administering 
    such facility (including operation, maintenance, utility, and 
    rehabilitation costs) which are attributable to such space.

    (2) In any such sublease, the Secretary shall include such terms 
relating to default and nonperformance as the Secretary considers 
appropriate to protect the interests of the United States.
    (e) The Secretary shall use the receipts of any payment for the 
lease of real property under subsection (b) for the payment of the lease 
of a facility under subsection (c).
    (f)(1) Subject to paragraph (3)(A), the Secretary shall, not later 
than April 18, 1990, issue an invitation for offers with respect to 
three colocations to be carried out under this section. The invitation 
shall include, with respect to each such colocation, at least the 
following:
        (A) Identification of the site to be developed.
        (B) Minimum office space requirements for regional office 
    activities.
        (C) Design criteria of the facility to be constructed.
        (D) A plan for meeting the security and parking needs for the 
    facility and its occupants and visitors.
        (E) A statement of current and projected rents and other costs 
    for regional office activities.
        (F) The estimated cost of construction of the facility 
    concerned, the estimated annual cost of leasing space for regional 
    office activities in the facility, and the estimated total annual 
    cost of leasing all space in such facility.
        (G) A plan for securing appropriate licenses, easements, and 
    rights-of-way.
        (H) A list of terms and conditions the Secretary has approved 
    for inclusion in the lease agreement for the facility concerned.

    (2) Subject to paragraph (3)(B), the Secretary shall--
        (A) not later than one year after the date on which the 
    invitation is issued under paragraph (1), enter into an agreement to 
    carry out one colocation under this subsection; and
        (B) within 180 days after entering into the agreement referred 
    to in subparagraph (A), enter into agreements to carry out two 
    additional colocations,

unless the Secretary determines that it is not economically feasible for 
the Department to undertake them, taking into consideration all of the 
tangible and intangible benefits associated with such colocations.
    (3) The Secretary shall--
        (A) at least 10 days before the issuance or other publication of 
    the invitation referred to in paragraph (1), submit a copy of the 
    invitation to the Committees on Veterans' Affairs of the Senate and 
    House of Representatives; and
        (B) at least 30 days before entering into an agreement under 
    paragraph (2), submit a copy to the Committees on Veterans' Affairs 
    of the Senate and House of Representatives of the proposals selected 
    by the Secretary from those received in response to the invitation 
    issued under paragraph (1).

    (g) The authority to enter into an agreement under this section 
shall expire on September 30, 1992.

(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 384.)


                            Prior Provisions

    Prior section 316 was renumbered section 1116 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 115, 8103 of this title.
