Page:United States Statutes at Large Volume 103 Part 2.djvu/1087

 PUBLIC LAW 101-237—DEC. 18, 1989 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 appropria- tions 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 admin- istering 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 sub- section— "(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. ". SEC. 604. RATIFICATION. 38 USC 620B Any actions of the Secretary of Veterans Affairs in carrying out the provisions of section 620B of title 38, United States Code, section

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