Pub. L. 106-117, tit. II, sec. 208

EXPANSION OF ENHANCED-USE LEASE AUTHORITY.

EnactedYear: 1999Length: 850 wordsOfficial source
SEC. 208. EXPANSION OF ENHANCED-USE LEASE AUTHORITY. (a) Authority.—Section 8162(a)(2) is amended— (1) by striking “only if the Secretary” and inserting “only if— “(A) the Secretary”; (2) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and realigning those clauses so as to be four ems from the left margin; (3) by striking the period at the end of clause (iii), as so redesignated, and inserting ““; or”; and (4) by adding at the end the following: “(B) the Secretary determines that the implementation of a business plan proposed by the Under Secretary for Health for applying the consideration under such a lease to the provision of medical care and services would result in a demonstrable improvement of services to eligible veterans in the geographic service-delivery area within which the property is located.”. (b) Term of Enhanced-Use Lease.—Section 8162(b) is amended— (1) in paragraph (2), by striking “may not exceed—” and all that follows and inserting “may not exceed 75 years.”; and (2) by striking paragraph (4) and inserting the following: “(4) The terms of an enhanced-use lease may provide for the Secretary to— “(A) obtain facilities, space, or services on the leased property; and “(B) use minor construction funds for capital contribution payments.”. (c) Designation of Property Proposed To Be Leased.—(1)Subsection (b) of section 8163 is amended— (A) by striking “include—” and inserting “include the following:”; (B) by capitalizing the first letter of the first word of each of paragraphs (1), (2), (3), (4), and (5); (C) by striking the semicolon at the end of paragraphs (1), (2), and (3) and inserting a period; and 113 STAT. 1568 (D) by striking subparagraphs (A), (B), and (C) of paragraph (4) and inserting the following: “(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.”. (2) Subparagraph (E) of subsection (c)(1) of that section is amended by striking clauses (i), (ii), and (iii) and inserting the following: “(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.”. (d) Use of Proceeds.—Section 8165(a) is amended by striking paragraph (1) and inserting the following: “(a) (1)Funds received by the Department under an enhanced-use lease and remaining after any deduction from those funds under subsection (b) shall be deposited in the Department of Veterans Affairs Health Services Improvement Fund established under section 1729B of this title.”. (e) Extension of Authority.—Section 8169 is amended by striking “December 31, 2001” and inserting “December 31, 2011”. (f) Training and Outreach Regarding Authority.—The Secretary shall take appropriate actions to provide training and outreach to personnel at Department medical centers regarding the enhanced-use lease authority under subchapter V of chapter 81 of title 38, United States Code. The training and outreach shall address methods of approaching potential lessees in the medical or commercial sectors regarding the possibility of entering into leases under that authority and other appropriate matters. (g) Independent Analysis of Opportunities for Use of Authority.—(1)The Secretary shall take appropriate actions to secure from an appropriate entity (or entities) independent of the Department an analysis (or analyses) of opportunities for the use of the enhanced-use lease authority under subchapter V of chapter 81 of title 38, United States Code. (2) An analysis under paragraph (1) shall include— (A) a survey of facilities of the Department for purposes of identifying Department property that presents an opportunity for lease under the enhanced-use lease authority; (B) an assessment of the feasibility of entering into enhanced-use leases under that authority in the case of any 113 STAT. 1569 property identified under subparagraph (A) as presenting an opportunity for such lease; and (C) an assessment of the resources required at the Department facilities concerned, and at the Department Central Office, in order to facilitate the entering into of enhanced-used leases in the case of property so identified. (3) If as a result of a survey under paragraph (2)(A) an entity carrying out an analysis under this subsection determines that a particular Department property presents no opportunities for lease under the enhanced-use lease authority, the analysis shall include the entity’s explanation of that determination. (4) If as a result of such a survey an entity carrying out an analysis under this subsection determines that certain Department property presents an opportunity for lease under the enhanced-use lease authority, the analysis shall include a single integrated business plan, developed by the entity, that addresses the strategy and resources necessary to implement the plan for all property determined to present an opportunity for such lease.
Pub. L. 106-117, tit. II, sec. 208: EXPANSION OF ENHANCED-USE LEASE AUTHORITY. | Justis AI