38 U.S. Code § 8103 - Authority to construct and alter, and to acquire sites for, medical facilities

§ 8103.
Authority to construct and alter, and to acquire sites for, medical facilities
(a) Subject to section 8104 of this title, the Secretary—
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;
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
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.
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.
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.
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.
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—
constructed and owned by the lessee of such real property; and
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.
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—
the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and
the ownership of such facility shall vest in the United States at the end of such lease.
(A) The Secretary may sublease any space in such a facility to another party at a rate not less than—
the rental rate paid by the Secretary for such space under paragraph (3) of this subsection; plus
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.
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.
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—
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
shall expire on October 1, 1993.
In the case of any super construction project, the Secretary shall enter into an agreement with an appropriate non-Department Federal entity to provide full project management services for the super construction project, including management over the project design, acquisition, construction, and contract changes.
An agreement entered into under paragraph (1) with a Federal entity shall provide that the Secretary shall reimburse the Federal entity for all costs associated with the provision of project management services under the agreement.
In this subsection, the term “super construction project” means a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100,000,000.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 56, § 5003; amended Pub. L. 101–237, title VI, § 603(b), Dec. 18, 1989, 103 Stat. 2097; renumbered § 8103 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title XII, § 1201(d)(16), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 114–58, title V, § 502(a), Sept. 30, 2015, 129 Stat. 537.)

2015—Subsec. (e). Pub. L. 114–58 added subsec. (e).

1994—Subsec. (d)(6)(A). Pub. L. 103–446 substituted “section 316” for “section 230(c)”.

1991—Pub. L. 102–40, § 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, § 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).

Effective Date of 2015 Amendment

Pub. L. 114–58, title V, § 502(b), Sept. 30, 2015, 129 Stat. 538, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to the following:
The medical facility construction project in Denver, Colorado, specified in section 2 of the Construction Authorization and Choice Improvement Act (Public Law 114–19; 129 Stat. 215).
Any super construction project (as defined in section 8103(e)(3) of title 38, United States Code, as added by subsection (a)) that is authorized on or after the date of the enactment of this Act [Sept. 30, 2015].”

Designation of Construction Agent for Certain Construction Projects by Department of Veterans Affairs

Pub. L. 114–92, div. A, title X, § 1096, Nov. 25, 2015, 129 Stat. 1020, provided that:

“(a)In General.—
The Secretary of Veterans Affairs shall seek to enter into an agreement subject to subsections (b), (c), and (e) of section 1535 of title 31, United States Code, with the Army Corps of Engineers or another entity of the Federal Government to serve, on a reimbursable basis, as the construction agent for the construction, alteration, or acquisition of any medical facility of the Department of Veterans Affairs specifically authorized by Congress after the date of the enactment of this Act [Nov. 25, 2015] that involves a total expenditure of more than $100,000,000, excluding any acquisition by exchange.
Under the agreement entered into under subsection (a), the construction agent shall provide design, procurement, and construction management services for the construction, alteration, and acquisition of medical facilities of the Department.”

Development of Medical-Facility Modular Components

Pub. L. 99–166, title III, § 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.


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