of the total quantity of such supplies or services or of the rate of delivery of such supplies or services; and (C) the specifications for the supplies or services are expected to be reasonably stable. (4) The risks relating to the prospective contractor's ability to perform in accordance with the specifications and other terms of the contract are not excessive. (5) The use of a multiyear contract will not inhibit small business concerns in competing for the contract. (6) In the case of the procurement of a pharmaceutical item for which a patent has expired less than four years before the date on which the solicitation of offers is issued, there is no substantial likelihood that increased competition among potential contractors would occur during the term of the contract as the result of the availability of generic equivalents increasing during the term of the contract. (Amended P.L. 101–237, § 601(a); P.L. 102–83, § 4(a), (b).) (b)(1) A multiyear contract authorized by this section shall contain (A) a provision that the obligation of the United States under the contract during any fiscal year which is included in the contract period and is subsequent to the fiscal year during which the contract is entered into is contingent on the availability of sufficient appropriations (as determined by the Secretary pursuant to paragraph (2)(A) of this subsection) if, at the time the contract is entered into, appropriations are not available to cover the total estimated payments that will be required during the full term of the contract; and (B) notwithstanding section 1502(a) of title 31, a provision for the payment of reasonable cancellation charges to compensate the contractor for nonrecurring, unrecovered costs, if any, if the performance is cancelled pursuant to the provision required by subparagraph (A) of this paragraph. (2)(A) If, during a fiscal year after the fiscal year during which a multiyear contract is entered into under this section, the Secretary determines that, in light of other funding needs involved in the operation of Department programs, 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 performance of the contract or the payment of cancellation costs unless such funds are not available 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 contract shall be used to the extent necessary to pay such cost. (Amended P.L. 101-237, § 601(a); P.L. 102–83, § 4(a), (b).) (c) Nothing in this section shall be construed so as to restrict the Secretary's exercise of the right to terminate for convenience a con tract under any other provision of law which authorizes multiyear contracting. (Amended P.L. 102-83, § 4(b).) (d) The Secretary shall prescribe regulations for the implementation of this section. (Amended P.L. 102-83, § 4(b).) (e) For the purposes of this section: (1) The term "appropriations" has the meaning given that term in section 1511 of title 31. (2) The term "multiyear contract" means a contract which by its term is to remain in effect 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 construction 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 regulations prescribed under subsection (d) of this section) are generally incurred on a one-time basis. (Added P.L. 100–322, § 404(a); amended P.L. 101–237, § 601(a).) §115. Acquisition of real property For the purposes of sections 2301 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 355 of the Revised Statutes (40 U.S.C. 255); 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 interest to be acquired is sufficient for the purposes of the intended use. (Added P.L. 102–86, § 402(a); amended P.L. 102–83, § 5(c)(1).) 1 So in original. Reference should be to sections 314, 315, and 316. 316. 317. Chief Financial Officer. Chief Information Resources Officer. General Counsel. Inspector General. Availability of appropriations. Central Office. Regional offices. Colocation of regional offices and medical centers. §301. Department (a) The Department of Veterans Affairs is an executive department of the United States. (b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans. (c) The Department is composed of the following: (1) The Office of the Secretary. (2) The Veterans Health Administration. (3) The Veterans Benefits Administration. (8) Such other offices and agencies as are established or designated by law or by the President or the Secretary. (9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8). (Added P.L. 102–83, § 2(a).) §302. Seal (a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal. (b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof. (Added P.L. 102-83, § 2(a).) §303. Secretary of Veterans Affairs There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department. (Added P.L. 102-83, § 2(a).) $304. Deputy Secretary of Veterans Affairs There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. (Added P.L. 102-83, § 2(a).) §305. Under Secretary for Health (a)(1) There is in the Department a Under Secretary for Health, who is appointed by the President, by and with the advice and consent of the Senate. (2) The Under Secretary for Health shall be a doctor of medicine and shall be appointed without regard to political affiliation or activity and solely (A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, and in health-care fiscal management; and (B) on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope. (Amended P.L. 102-405, § 302(c)(1).) (b) The Under Secretary for Health is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration. (Amended P.L. 102-405, § 302(c)(1).) (c) The Under Secretary for Health shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Health before the completion of the term for which the Under Secretary for Health was appointed, the President shall communicate the reasons for the removal to Congress. (Amended P.L. 102-405, §302(c)(1).) (d)(1) Whenever a vacancy in the position of Under Secretary for Health occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: (A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration. (B) Two persons representing veterans served by the Veterans Health Administration. (C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope. (D) The Deputy Secretary of Veterans Affairs. (E) The Chairman of the Special Medical Advisory Group established under section 7312 of this title. (F) One person who has held the position of Under Secretary for Health (including service as Under Secretary for Health of the Department), if the Secretary determines that it is desirable for such person to be a member of the Commission. (3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Health. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. (4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection. (Added P.L. 102-83, §2(a); amended P.L. 102-83, §4(a)(3); P.L. 102-405, §302(c)(1).) § 306. Under Secretary for Benefits (a) There is in the Department a Under Secretary for Benefits, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Benefits shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in (1) fiscal management; and (2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope. (Amended P.L. 102-405, § 302(c)(1).) (b) The Under Secretary for Benefits is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration. (Amended P.L. 102-405, § 302(c)(1).) (c) The Under Secretary for Benefits shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Under Secretary for Benefits before the completion of the term for which the Under Secretary for Benefits was appointed, the President shall communicate the reasons for the removal to Congress. |