Pub. L. 101-237, tit. VI, sec. 603

COLLOCATION AND LEASE PURCHASE.

EnactedYear: 1989Length: 1,277 wordsOfficial source
SEC. 603. COLLOCATION AND LEASE PURCHASE. (a) Regional Offices and Medical Centers.—Section 230 is amended by adding at the end the following new subsection: “(c)(1) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the collocation of at least three regional offices with medical centers of the Department— “(A) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or “(B) 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 collocation. “(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 at not more than seven locations any of the real property described in paragraph (1)(A) or (B) of this subsection. “(B) Such real property shall be used as the site of a facility— “(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 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 103 STAT. 2096 “(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)(A) Subject to subparagraph (C)(i) of this paragraph, the Secretary shall, within 120 days of the date of the enactment of this subsection, issue an invitation for offers with respect to three col-locations to be carried out under this subsection. Such invitation shall include, with respect to each such collocation, at least— “(i) identification of the site to be developed; “(ii) minimum office space requirements for regional office activities; “(iii) design criteria of the facility to be constructed; “(iv) a plan for meeting the security and parking needs for the facility and its occupants and visitors; “(v) a statement of current and projected rents and other costs for regional office activities; “(vi) 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; “(vii) a plan for securing appropriate licenses, easements, and rights-of-way, and “(viii) a list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned. “(B) Subject to subparagraph (C)(ii) of this paragraph, the Secretary shall— “(i) within one year after the date on which the invitation is issued under subparagraph (A) of this paragraph, enter into an agreement to carry out one collocation under this subsection; and “(ii) within 180 days after entering into the agreement referred to in clause (i) of this subparagraph, enter into agreements to carry out two additional collocations, unless the Secretary determines that it is not economically feasible for the Department of Veterans Affairs to undertake them, taking into consideration all of the tangible and intangible benefits associated with such collocations. “(C) The Secretary shall— “(i) at least 10 days before the issuance or other publication of the invitation referred to in subparagraph (A) of this paragraph, transmit a copy of such invitation to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and “(ii) at least 30 days before entering into an agreement under subparagraph (B) of this paragraph, transmit 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 subparagraph (A) of this paragraph. “(7) 1716 authority to enter into an agreement under this subsection shall expire on October 1, 1992.”. 103 STAT. 2097 (b) Lease-Purchase of Certain Medical Centers.—Section 5003 is amended by adding at the end the following new subsection: “(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 230(c) of this title to carry out at least three collocations; and “(B) shall expire on October 1, 1993.”.