38 U.S.C. § 317 — Center for Minority Veterans

Page 69 TITLE 38—VETERANS’ BENEFITS § 317 Affairs in maintaining a Department of Veterans Af- fairs Regional Office in the Republic of the Philippines under section 315(b) of title 38, United States Code, dur- ing the period beginning on October 1, 1991, and ending on the date of the enactment of this Act [May 20, 1992] is hereby ratified with respect to that period.’’ § 316. Colocation of regional offices and medical centers (a) To provide for a more economical, effi- cient, and effective operation of such regional offices, the Secretary shall provide for the co- location of at least three regional offices with medical centers of the Department— (1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or (2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being con- veyed to the United States for the purpose of such colocation. (b)(1) In carrying out this section and notwith- standing any other provision of law, the Sec- retary may lease, with or without compensation and for a period of not to exceed 35 years, to an- other party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a). (2) Such real property shall be used as the site of a facility— (A) constructed and owned by the lessee of such real property; and (B) leased under subsection (c)(1) to the De- partment for such use and such other activi- ties as the Secretary determines are appro- priate. (c)(1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best in- terests of the Department. (2) Each agreement for such a lease shall pro- vide— (A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and (B) that the ownership of the facility shall vest in the United States at the end of such lease. (d)(1) The Secretary may sublease any space in such a facility to another party at a rate not less than— (A) the rental rate paid by the Secretary for such space under subsection (c); plus (B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabili- tation costs) which are attributable to such space. (2) In any such sublease, the Secretary shall include such terms relating to default and non- performance as the Secretary considers appro- priate to protect the interests of the United States. (e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c). (f)(1) Subject to paragraph (3)(A), the Sec- retary shall, not later than April 18, 1990, issue an invitation for offers with respect to three co- locations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following: (A) Identification of the site to be developed. (B) Minimum office space requirements for regional office activities. (C) Design criteria of the facility to be con- structed. (D) A plan for meeting the security and parking needs for the facility and its occu- pants and visitors. (E) A statement of current and projected rents and other costs for regional office activi- ties. (F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility. (G) A plan for securing appropriate licenses, easements, and rights-of-way. (H) A list of terms and conditions the Sec- retary has approved for inclusion in the lease agreement for the facility concerned. (2) Subject to paragraph (3)(B), the Secretary shall— (A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and (B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two addi- tional colocations, unless the Secretary determines that it is not economically feasible for the Department to un- dertake them, taking into consideration all of the tangible and intangible benefits associated with such colocations. (3) The Secretary shall— (A) at least 10 days before the issuance or other publication of the invitation referred to in paragraph (1), submit a copy of the invita- tion to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and (B) at least 30 days before entering into an agreement under paragraph (2), submit a copy to the Committees on Veterans’ Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1). (g) The authority to enter into an agreement under this section shall expire on September 30, 1992. (Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 384.) Editorial Notes PRIOR PROVISIONS Prior section 316 was renumbered section 1116 of this title. § 317. Center for Minority Veterans (a) There is in the Department a Center for Minority Veterans. There is at the head of the Center a Director. Page 70 TITLE 38—VETERANS’ BENEFITS § 318 (b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years. (c) The Director reports directly to the Sec- retary or the Deputy Secretary concerning the activities of the Center. (d) The Director shall perform the following functions with respect to veterans who are mi- norities: (1) Serve as principal adviser to the Sec- retary on the adoption and implementation of policies and programs affecting veterans who are minorities. (2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which vet- erans who are minorities are eligible. (3) Promote the use of benefits authorized by this title by veterans who are minorities and the conduct of outreach activities to veterans who are minorities, in conjunction with out- reach activities carried out under chapter 77 of this title. (4) Disseminate information and serve as a resource center for the exchange of informa- tion regarding innovative and successful pro- grams which improve the services available to veterans who are minorities. (5) Conduct and sponsor appropriate social and demographic research on the needs of vet- erans who are minorities and the extent to which programs authorized under this title meet the needs of those veterans, without re- gard to any law concerning the collection of information from the public. (6) Analyze and evaluate complaints made by or on behalf of veterans who are minorities about the adequacy and timeliness of services provided by the Department and advise the ap- propriate official of the Department of the re- sults of such analysis or evaluation. (7) Consult with, and provide assistance and information to, officials responsible for ad- ministering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are minorities. (8) Advise the Secretary when laws or poli- cies have the effect of discouraging the use of benefits by veterans who are minorities. (9) Publicize the results of medical research which are of particular significance to vet- erans who are minorities. (10) Advise the Secretary and other appro- priate officials on the effectiveness of the De- partment’s efforts to accomplish the goals of section 492B of the Public Health Service Act (42 U.S.C. 289a–2) with respect to the inclusion of minorities in clinical research and on par- ticular health conditions affecting the health of members of minority groups which should be studied as part of the Department’s medical research program and promote cooperation be- tween the Department and other sponsors of medical research of potential benefit to vet- erans who are minorities. (11) Provide support and administrative services to the Advisory Committee on Minor- ity Veterans provided for under section 544 of this title. (12) Perform such other duties consistent with this section as the Secretary shall pre- scribe. (e) The Secretary shall ensure that the Direc- tor is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner. (f) The Secretary shall include in documents submitted to Congress by the Secretary in sup- port of the President’s budget for each fiscal year— (1) detailed information on the budget for the Center; (2) the Secretary’s opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and (3) a report on the activities and significant accomplishments of the Center during the pre- ceding fiscal year. (g) In this section— (1) The term ‘‘veterans who are minorities’’ means veterans who are minority group mem- bers. (2) The term ‘‘minority group member’’ has the meaning given such term in section 544(d) of this title. (Added Pub. L. 103–446, title V, § 509(a), Nov. 2, 1994, 108 Stat. 4665; amended Pub. L. 104–275, title V, § 501(a)–(c), Oct. 9, 1996, 110 Stat. 3340.) Editorial Notes PRIOR PROVISIONS Prior section 317, added Pub. L. 102–218, § 1(a), Dec. 11, 1991, 105 Stat. 1671; amended Pub. L. 103–446, title XII, § 1201(e)(4), Nov. 2, 1994, 108 Stat. 4685, related to Chief Minority Affairs Officer, prior to repeal by Pub. L. 103–446, § 509(a). AMENDMENTS 1996—Subsec. (b). Pub. L. 104–275, § 501(a), inserted ‘‘career or’’ before ‘‘noncareer’’. Subsec. (d)(10) to (12). Pub. L. 104–275, § 501(b), added pars. (10) and (11) and redesignated former par. (10) as (12). Subsec. (g). Pub. L. 104–275, § 501(c), added subsec. (g). § 318. Center for Women Veterans (a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director. (b) The Director shall be a career or noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years. (c) The Director reports directly to the Sec- retary or the Deputy Secretary concerning the activities of the Center. (d) The Director shall perform the following functions with respect to veterans who are women: (1) Serve as principal adviser to the Sec- retary on the adoption and implementation of policies and programs affecting veterans who are women. (2) Make recommendations to the Secretary, the Under Secretary for Health, the Under