38 U.S.C. § 115 — Acquisition of real property

Page 50 TITLE 38—VETERANS’ BENEFITS § 115 (2)(A) If, during a fiscal year after the fiscal year during which a multiyear contract is en- tered into under this section, the Secretary de- termines that, in light of other funding needs in- volved in the operation of Department pro- grams, the amount of funds appropriated for such subsequent fiscal year is not sufficient for such contract, the Secretary shall cancel such contract pursuant to the provisions required by paragraph (1)(A) of this subsection. (B) Cancellation charges under a multiyear contract shall be paid from the appropriated funds which were originally available for per- formance of the contract or the payment of can- cellation costs unless such funds are not avail- able in an amount sufficient to pay the entire amount of the cancellation charges payable under the contract. In a case in which such funds are not available in such amount, funds available for the procurement of supplies and services for use for the same purposes as the supplies or services procured through such con- tract shall be used to the extent necessary to pay such cost. (c) Nothing in this section shall be construed so as to restrict the Secretary’s exercise of the right to terminate for convenience a contract under any other provision of law which author- izes multiyear contracting. (d) The Secretary shall prescribe regulations for the implementation of this section. (e) For the purposes of this section: (1) The term ‘‘appropriations’’ has the mean- ing given that term in section 1511 of title 31. (2) The term ‘‘multiyear contract’’ means a contract which by its terms is to remain in ef- fect for a period which extends beyond the end of the fiscal year during which the contract is entered into but not beyond the end of the fourth fiscal year following such fiscal year. Such term does not include a contract for con- struction or for a lease of real property. (3) The term ‘‘nonrecurring, unrecovered costs’’ means those costs reasonably incurred by the contractor in performing a multiyear contract which (as determined under regula- tions prescribed under subsection (d) of this section) are generally incurred on a one-time basis. (Added Pub. L. 100–322, title IV, § 404(a), May 20, 1988, 102 Stat. 545; amended Pub. L. 101–237, title VI, § 601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places in introductory provisions. Subsec. (a)(2)(B). Pub. L. 102–83, § 4(a)(3), (4), sub- stituted ‘‘Department’’ for ‘‘Veterans’ Administra- tion’’. Subsec. (b)(1)(A). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (b)(2)(A). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’s’’ for ‘‘Administrator’s’’. Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. 1989—Pub. L. 101–237, § 601(b)(1), struck out ‘‘for cer- tain medical items’’ after ‘‘Multiyear procurement’’ in section catchline. Subsec. (a). Pub. L. 101–237, § 601(a)(1), struck out ‘‘for use in Veterans’ Administration health-care facilities’’ after ‘‘supplies or services’’. Subsec. (b)(2)(A). Pub. L. 101–237, § 601(a)(2), struck out ‘‘health-care’’ before ‘‘programs, the amount’’. Subsec. (e)(2) to (4). Pub. L. 101–237, § 601(a)(3), redes- ignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: ‘‘The term ‘cancel’ or ‘cancellation’ refers to the termination of a contract by the Administrator as required under paragraph (2)(B)(i) of this subsection.’’ § 115. Acquisition of real property For the purposes of sections 314, 315, 316, and 2406 of this title and subchapter I of chapter 81 of this title, the Secretary may acquire and use real property— (1) before title to the property is approved under section 3111 of title 40; and (2) even though the property will be held in other than a fee simple interest in a case in which the Secretary determines that the in- terest to be acquired is sufficient for the pur- poses of the intended use. (Added Pub. L. 102–86, title IV, § 402(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 102–83, § 5(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title XII, § 1201(d)(1), Nov. 2, 1994, 108 Stat. 4684; Pub. L. 107–217, § 3(j)(1), Aug. 21, 2002, 116 Stat. 1300.) Editorial Notes AMENDMENTS 2002—Par. (1). Pub. L. 107–217 substituted ‘‘section 3111 of title 40’’ for ‘‘section 355 of the Revised Statutes (40 U.S.C. 255)’’. 1994—Pub. L. 103–446 substituted ‘‘sections 314, 315, 316,’’ for ‘‘sections 230’’ in introductory provisions. 1991—Pub. L. 102–83 substituted ‘‘2406’’ for ‘‘1006’’ in introductory provisions. § 116. Reports to Congress: cost information Whenever the Secretary submits to Congress, or any committee of Congress, a report that is required by law or by a joint explanatory state- ment of a committee of conference of the Con- gress, the Secretary shall include with the re- port— (1) a statement of the cost of preparing the report; and (2) a brief explanation of the methodology used in preparing that cost statement. (Added Pub. L. 106–419, title IV, § 403(d)(1)(A), Nov. 1, 2000, 114 Stat. 1864.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–419, title IV, § 403(d)(2), Nov. 1, 2000, 114 Stat. 1864, provided that: ‘‘Section 116 of title 38, United States Code, as added by paragraph (1) of this sub- section, shall apply with respect to any report sub- mitted by the Secretary of Veterans Affairs after the end of the 90-day period beginning on the date of the enactment of this Act [Nov. 1, 2000].’’