§ 114. Multiyear procurement (a) The Secretary may enter into a multiyear contract for the procurement of supplies or services if the Secretary makes each of the following determinations: (1) Appropriations are available for obligations that are necessary for total payments that would be required during the fiscal year in which the contract is entered into, plus the estimated amount of any cancellation charge payable under the contract. (2) The contract is in the best interest of the United States by reason of the effect that use of a multiyear, rather than oneyear, contract would have in (A) reducing costs; (B) achieving economies in contract administration or in any other Department activities; (C) increasing quality of performance by or service from the contractors; or (D) encouraging effective competition. (3) During the proposed contract period (A) there will be a continuing or recurring need for the supplies or services being procured; (B) there is not a substantial likelihood of substantial changes in the need for such supplies or services in terms 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. (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. (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 authorizes 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 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), May 20, 1988, 102 Stat. 545; amended P.L. 101-237, § 601(a), (b)(1), Dec. 18, 1989, 103 Stat. 2094; P.L. 102-83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) $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 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. 16. 17. Chief Financial Officer. Chief Information Officer. General Counsel. Availability of appropriations. Central Office. Regional offices. Colocation of regional offices and medical centers. Center for Minority Veterans. 18. Center for Women Veterans. 301. Department (a) The Department of Veterans Affairs is an executive departnent of the United States. (b) The purpose of the Department is to administer the laws proiding benefits and other services to veterans and the dependents nd 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), Aug. 6, 1991, 105 Stat. 378.) 302. Seal (a) The Secretary of Veterans Affairs shall cause a seal of office o be made for the Department of such device as the President hall approve. Judicial notice shall be taken of the seal. (b) Copies of any public document, record, or paper belonging to r in the files of the Department, when authenticated by the seal nd 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), Aug. 6, 1991, 105 Stat. 379.) § 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 ad vice 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), Aug. 6, 1991, 105 Stat. 379.) § 304. Deputy Secretary of Veterans Affairs There is in the Department a Deputy Secretary of Veterans Af fairs, 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 Presi dent designates another officer of the Government, the Deputy Sec retary 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), Aug. 6, 1991, 105 Stat. 379.) § 305. Under Secretary for Health (a)(1) There is in the Department an 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 ac tivity 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. (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. (c) The Under Secretary for Health shall be appointed for a pe riod 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 Sec retary for Health was appointed, the President shall communicate the reasons for the removal to Congress. (d)(1) Whenever a vacancy in the position of Under Secretary for Health occurs or is anticipated, the Secretary shall establish a com mission to recommend individuals to the President for appointment to the position. (2) A commission established under this subsection shall be com posed of the following members appointed by the Secretary: |