38 U.S.C. § 316

Colocation of regional offices and medical centers

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(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation 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 conveyed to the United States for the purpose of such colocation.(b)(1) In carrying out this section 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 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 Department for such use and such other activities as the Secretary determines are appropriate.(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 interests of the Department.(2) Each agreement for such a lease shall provide—(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 rehabilitation costs) which are attributable to such space.(2) 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.(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 Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations 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 constructed.(D) A plan for meeting the security and parking needs for the facility and its occupants and visitors.(E) A statement of current and projected rents and other costs for regional office activities.(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 Secretary 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 additional colocations,unless the Secretary determines that it is not economically feasible for the Department to undertake 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 invitation 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 NotesPrior Provisions

Prior section 316 was renumbered section 1116 of this title.

Notes of Decisions

Cited in 12 cases (4 in the last 5 years), 2002–2024 · leading case: Nehmer v. United States Dep't of Vets. Affairs, 494 F.3d 846 (9th Cir. 2007).

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Nehmer v. United States Dep't of Vets. Affairs, 494 F.3d 846 (9th Cir. 2007). · cites it 11× “The Agent Orange Act was originally codified at 38 U.S.C. § 316 , but six months later Congress renumbered § 316 of title 38 as § 1116.”

Larry A. Pelegrini v. Anthony J. Principi, 18 Vet. App. 112 (Vet. App. 2004). · cites it 2× “11 , 11 (codified at 38 U.S.C. § 316 , renumbered at 38 U.S.C.”

Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008). · cites it 2× “§ 354 , which the Dioxin Act amended, at 38 U.S.C. § 316 (a)(3), which provided: For the purposes of this subsection, a veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the Vietnam era and has a disease referred to in paragraph…”

Jonathan L. Haas v. R. James Nicholson, 20 Vet. App. 257 (Vet. App. 2006). · cites it 3× “1961, the precursor of Public Law 98-542, the Veterans’ Dioxin and Radiation Compensation Standards Act). In March 1983, H.”

Shirley D. Williams, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 310 F.3d 1374 (Fed. Cir. 2002). · cites it 2× “11 (1991) (codified in part at 38 U.S.C. § 316 (2000)) (“Agent Orange Act”).”

Taylor v. McDonald, 27 Vet. App. 158 (Vet. App. 2014). “The Act established 38 U.S.C. § 316 (now section 1116), providing that veterans with qualifying service in Vietnam are entitled to a presumption of exposure to herbicides and a presumption of service connection for specified diseases, including diseases subsequently identified…”

Nehmer v. US Dep't of Vets. (9th Cir. 2007). · cites it 12× “The Agent Orange Act was originally codified at 38 U.S.C. § 316 , but six months later Congress renumbered § 316 of title 38 as § 1116.”

Douglas A. Constantine v. Denis McDonough (Vet. App. 2022). “6, 1991) ("Agent Orange Act"), then-codified at 38 U.S.C. § 316 , which established presumptive service connection for a list of diseases resulting from herbicide exposure.”

Victor Manuel Aviles-Rivera v. Denis McDonough (Vet. App. 2022). “6, 1991) (originally codified at 38 U.S.C. § 316 but later renumbered as 38 U.”

Robert E. Crews v. Denis McDonough (Vet. App. 2023). “5 This presumption of service connection was initially codified at 38 U.S.C. § 316 and was later renumbered section 1116.”

Constantine v. McDonough (Fed. Cir. 2024). “Then-codified 38 U.S.C. § 316 required VA to “prescribe regulations providing that a presumption of service connec- tion is warranted” for a disease whenever the VA Secretary determines that a “positive association exists between” that disease and herbicide exposure.”

Larry A. Pelegrini v. Anthony J. Principi (Vet. App. 2004). “11 , 11 (codified at 38 U.S.C. § 316 , renumbered at 38 U.S.C.”

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