Amendments
2016—Pars. (4), (5). [Pub. L. 114–226] added pars. (4) and (5).
2012—Par. (3). [Pub. L. 112–154] added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Pub. L. 112—154, title II, § 211(k), Aug. 6, 2012, [126 Stat. 1182], provided that “Except as otherwise provided in this section [enacting section 8168 of this title, amending this section and sections 8162, 8164 to 8167, and 8169 of this title, and enacting provisions set out as notes under sections 8162 and 8168 of this title], the amendments made by this section shall take effect on the date of the enactment of this Act [Aug. 6, 2012].
Training and Outreach Regarding Authority
[Pub. L. 106–117, title II, § 208(f)], Nov. 30, 1999, [113 Stat. 1568], provided that: “The Secretary [of Veterans Affairs] shall take appropriate actions to provide training and outreach to personnel at Department [of Veterans Affairs] 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.”
Independent Analysis of Opportunities for Use of Authority
[Pub. L. 106–117, title II, § 208(g)], Nov. 30, 1999, [113 Stat. 1568], provided that:“(1)
The Secretary [of Veterans Affairs] shall take appropriate actions to secure from an appropriate entity (or entities) independent of the Department [of Veterans Affairs] 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 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.”
Enhanced Use Leases
[Pub. L. 104–110, title II, § 202(c)], Feb. 13, 1996, [110 Stat. 771], provided that: “The Secretary shall submit to Congress, not later than March 31, 1997, a report evaluating the operation of the program under subchapter V of chapter 81 of title 38, United States Code.”