
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 241]
[Document affected by Public Law 106-419 Section 404(b)(1)]
[Document affected by Public Law 106-419 Section 404(b)(1)]
[CITE: 38USC8163]

 
                      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 V--ENHANCED-USE LEASES OF REAL PROPERTY
 
Sec. 8163. Designation of property to be leased

    (a) If the Secretary proposes to designate a property to be leased 
under an enhanced-use lease, the Secretary shall conduct a public 
hearing before making the designation. The hearing shall be conducted in 
the community in which the property is located. At the hearing, the 
Secretary shall receive the views of veterans service organizations and 
other interested parties regarding the proposed lease of the property 
and the possible effects of the uses to be made of the property under a 
lease of the general character then contemplated. The possible effects 
to be addressed at the hearing shall include effects on--
        (1) local commerce and other aspects of the local community;
        (2) programs administered by the Department; and
        (3) services to veterans in the community.

    (b) Before conducting such a hearing, the Secretary shall provide 
reasonable notice of the proposed designation and of the hearing. The 
notice shall include the following:
        (1) The time and place of the hearing.
        (2) Identification of the property proposed to be leased.
        (3) A description of the proposed uses of the property under the 
    lease.
        (4) A description of how the uses to be made of the property 
    under a lease of the general character then contemplated--
            (A) would--
                (i) contribute in a cost-effective manner to the mission 
            of the Department;
                (ii) not be inconsistent with the mission of the 
            Department;
                (iii) not adversely affect the mission of the 
            Department; and
                (iv) affect services to veterans; or

            (B) would result in a demonstrable improvement of services 
        to eligible veterans in the geographic service-delivery area 
        within which the property is located.

        (5) A description of how those uses would affect services to 
    veterans.

    (c)(1) If after a hearing under subsection (a) the Secretary intends 
to designate the property involved, the Secretary shall notify the 
congressional veterans' affairs committees of the Secretary's intention 
to so designate the property and shall publish a notice of such 
intention in the Federal Register.
    (2) The Secretary may not enter into an enhanced-use lease until the 
end of a 60-day period of continuous session of Congress following the 
date of the submission of notice under paragraph (1). For purposes of 
the preceding sentence, continuity of a session of Congress is broken 
only by an adjournment sine die, and there shall be excluded from the 
computation of such 60-day period any day during which either House of 
Congress is not in session during an adjournment of more than three days 
to a day certain.
    (3) Each notice under paragraph (1) shall include the following:
        (A) An identification of the property involved.
        (B) An explanation of the background of, rationale for, and 
    economic factors in support of, the proposed lease.
        (C) A summary of the views expressed by interested parties at 
    the public hearing conducted in connection with the proposed 
    designation, together with a summary of the Secretary's evaluation 
    of those views.
        (D) A general description of the proposed lease.
        (E) A description of how the proposed lease--
            (i) would--
                (I) contribute in a cost-effective manner to the mission 
            of the Department;
                (II) not be inconsistent with the mission of the 
            Department;
                (III) not adversely affect the mission of the 
            Department; and
                (IV) affect services to veterans; or

            (ii) would result in a demonstrable improvement of services 
        to eligible veterans in the geographic service-delivery area 
        within which the property is located.

        (F) A description of how the proposed lease would affect 
    services to veterans.

    (4) Not less than 30 days before entering into an enhanced-use 
lease, the Secretary shall submit to the congressional veterans' affairs 
committees a report on the proposed lease. The report shall include--
        (A) updated information with respect to the matters described in 
    paragraph (3);
        (B) a summary of a cost-benefit analysis of the proposed lease;
        (C) a description of the provisions of the proposed lease; and
        (D) a notice of designation with respect to the property.

(Added Pub. L. 102-86, title IV, Sec. 401(a), Aug. 14, 1991, 105 Stat. 
419; amended Pub. L. 106-117, title II, Sec. 208(c), Nov. 30, 1999, 113 
Stat. 1567.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-117, Sec. 208(c)(1)(A), substituted 
``include the following:'' for ``include--'' in introductory provisions.
    Subsec. (b)(1) to (3). Pub. L. 106-117, Sec. 208(c)(1)(B), (C), 
capitalized the first letter of the first word and substituted a period 
for the semicolon at end.
    Subsec. (b)(4). Pub. L. 106-117, Sec. 208(c)(1)(B), (D), in 
introductory provisions, capitalized the first letter of the first word, 
added subpars. (A) and (B), and struck out former subpars. (A) to (C) 
which read as follows:
    ``(A) would contribute in a cost-effective manner to the mission of 
the Department;
    ``(B) would not be inconsistent with the mission of the Department; 
and
    ``(C) would not adversely affect the mission of the Department; 
and''.
    Subsec. (b)(5). Pub. L. 106-117, Sec. 208(c)(1)(B), capitalized the 
first letter of the first word.
    Subsec. (c)(3)(E). Pub. L. 106-117, Sec. 208(c)(2), which directed 
the substitution of cls. (i) and (ii) for cls. (i) to (iii) in subsec. 
(c)(1)(E), was executed by amending subsec. (c)(3)(E) to reflect the 
probable intent of Congress. Prior to amendment, cls. (i) to (iii) read 
as follows:
    ``(i) would contribute in a cost-effective manner to the mission of 
the Department;
    ``(ii) would not be inconsistent with the mission of the Department; 
and
    ``(iii) would not adversely affect the mission of the Department.''
