
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: 38USC8103]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
   CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
 
      SUBCHAPTER I--ACQUISITION AND OPERATION OF MEDICAL FACILITIES
 
Sec. 8103. Authority to construct and alter, and to acquire 
        sites for, medical facilities
        
    (a) Subject to section 8104 of this title, the Secretary--
        (1) may construct or alter any medical facility and may acquire, 
    by purchase, lease, condemnation, donation, exchange, or otherwise, 
    such land or interests in land as the Secretary considers necessary 
    for use as the site for such construction or alteration;
        (2) may acquire, by purchase, lease, condemnation, donation, 
    exchange, or otherwise, any facility (including the site of such 
    facility) that the Secretary considers necessary for use as a 
    medical facility; and
        (3) in order to assure compliance with section 8110(a)(2) of 
    this title, in the case of any outpatient medical facility for which 
    it is proposed to lease space and for which a qualified lessor and 
    an appropriate leasing arrangement are available, shall execute a 
    lease for such facility within 12 months after funds are made 
    available for such purpose.

    (b) Whenever the Secretary considers it to be in the interest of the 
United States to construct a new medical facility to replace an existing 
medical facility, the Secretary (1) may demolish the existing facility 
and use the site on which it is located for the site of the new medical 
facility, or (2) if in the judgment of the Secretary it is more 
advantageous to construct such medical facility on a different site in 
the same locality, may exchange such existing facility and the site of 
such existing facility for the different site.
    (c) Whenever the Secretary determines that any site acquired for the 
construction of a medical facility is not suitable for that purpose, the 
Secretary may exchange such site for another site to be used for that 
purpose or may sell such site.
    (d)(1) The Secretary may provide for the acquisition of not more 
than three facilities for the provision of outpatient services or 
nursing home care through lease-purchase arrangements on real property 
under the jurisdiction of the Department of Veterans Affairs.
    (2)(A) In carrying out this subsection 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 any of the 
real property described in paragraph (1) of this subsection.
    (B) Such real property shall be used as the site of a facility 
referred to in paragraph (1) of this subsection--
        (i) constructed and owned by the lessee of such real property; 
    and
        (ii) leased under paragraph (3)(A) of this subsection to the 
    Department for such use and for such other activities as the 
    Secretary determines are appropriate.

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

    (4)(A) The Secretary may sublease any space in such a facility to 
another party at a rate not less than--
        (i) the rental rate paid by the Secretary for such space under 
    paragraph (3) of this subsection; plus
        (ii) 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.

    (B) 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.
    (5) The Secretary shall use the receipts of any payment for the 
lease of real property under paragraph (2) for the payment of the lease 
of a facility under paragraph (3).
    (6) The authority to enter into an agreement under this subsection--
        (A) shall not take effect until the Secretary has entered into 
    agreements under section 316 of this title to carry out at least 
    three collocations; and
        (B) shall expire on October 1, 1993.

(Added Pub. L. 96-22, title III, Sec. 301(a), June 13, 1979, 93 Stat. 
56, Sec. 5003; amended Pub. L. 101-237, title VI, Sec. 603(b), Dec. 18, 
1989, 103 Stat. 2097; renumbered Sec. 8103 and amended Pub. L. 102-40, 
title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. 
L. 102-83, Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. 
L. 103-446, title XII, Sec. 1201(d)(16), Nov. 2, 1994, 108 Stat. 4684.)


                               Amendments

    1994--Subsec. (d)(6)(A). Pub. L. 103-446 substituted ``section 316'' 
for ``section 230(c)''.
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5003 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83 substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``8104'' for ``5004'' in 
introductory provisions and ``8110(a)(2)'' for ``5010(a)(2)'' in par. 
(3).
    Subsecs. (b), (c). Pub. L. 102-83 substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    1989--Subsec. (d). Pub. L. 101-237 added subsec. (d).


           Development of Medical-Facility Modular Components

    Pub. L. 99-166, title III, Sec. 304, Dec. 3, 1985, 99 Stat. 956, 
directed Administrator of Veterans' Affairs, not later than one year 
after Dec. 3, 1985, to develop a modular approach to planning and design 
of an appropriate Veterans' Administration medical facility for 
furnishing of hospital care.
