Related Links Letters on MACV US Dept. of Veterans Affairs

-CITE-


38 USC             Sec. 8163                                           01/22/02

-EXPCITE-


    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

-HEAD-


    Sec. 8163. Designation of property to be leased

-STATUTE-


      (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 the 90-day period beginning on the date of the


    submission of notice under paragraph (1).


      (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.

-SOURCE-


    (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; Pub. L. 106-419, title II, Sec. 241, title


    IV, Sec. 404(b)(1), Nov. 1, 2000, 114 Stat. 1847, 1865.)

-MISC1-


                                 AMENDMENTS


      2000 - Subsec. (c)(2). Pub. L. 106-419, Sec. 241, amended par.


    (2) generally.  Prior to amendment, par. (2) read as follows: ''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.''


      Subsec. (c)(3)(E). Pub. L. 106-419, Sec. 404(b)(1), amended


    directory language of Pub. L. 106-117, Sec. 208(c)(2). See 1999


    Amendment note below.


      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), as amended by


    Pub. L. 106-419, Sec. 404(b)(1), substituted cls. (i) and (ii) for


    former cls. (i) to (iii) which 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.''


                      EFFECTIVE DATE OF 2000 AMENDMENT


      Pub. L. 106-419, title IV, Sec. 404(b)(1), Nov. 1, 2000, 114


    Stat. 1865, provided that the amendment made by section 404(b)(1)


    is effective Nov. 30, 1999, and as if included in Pub. L. 106-117


    as originally enacted.

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