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38 U.S.C. § 8165 — Use of proceeds

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8165 — Use of proceeds

**(a)** (1) Funds received by the Department under an enhanced-use lease and remaining after any deduction from those funds under subsection (b) shall, at the discretion of the Secretary, be deposited in— (A) the Department of Veterans Affairs Medical Care Collections Fund established under [section 1729A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1729a&num=0&edition=prelim); or (B) the Medical Facilities or Construction, Minor Projects account of the Department to be used to defray the costs of administration, maintenance, repair, and related expenses incurred by the Department with respect to property that is owned by or under the jurisdiction or control of the Department. (2) Funds received by the Department from a disposal of leased property under [section 8164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8164&num=0&edition=prelim) shall be deposited into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary considers appropriate. **(b)** An amount sufficient to pay for any expenses incurred by the Secretary in any fiscal year in connection with an enhanced-use lease shall be deducted from the proceeds of the lease for that fiscal year and may be used by the Secretary to reimburse the account from which the funds were used to pay such expenses. The Secretary may use the proceeds from any enhanced-use lease to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases.

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Source location: Title 38, Chapter 81, § 8165; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8164 — Authority for disposition of leased property

**(a)** If, during the term of an enhanced-use lease or within 30 days after the end of the term of the lease, the Secretary determines that the leased property is no longer needed by the Department, the Secretary may initiate action for the transfer to the lessee of all right, title, and interest of the United States in the property. A disposition of property may not be made under this section unless the Secretary determines that the disposition under this section rather than under section 8118 or 8122 of this title is in the best interests of the Department. **(b)** A disposition under this section may be made in return for cash at fair value as the Secretary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appropriate. **(c)** Not less than 45 days before a disposition of property is made under this section, the Secretary shall notify the congressional veterans’ affairs committees of the Secretary’s intent to dispose of the property and shall publish notice of the proposed disposition in the Federal Register. The notice shall describe the background of, rationale for, and economic factors in support of, the proposed disposition (including a cost-benefit analysis summary) and the method, terms, and conditions of the proposed disposition.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8164

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8118 — Authority for transfer of real property; Department of Veterans Affairs Capital Asset Fund

**(a)** (1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States, to a State (or a political subdivision of a State), or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in [section 2002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2002&num=0&edition=prelim)). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. (2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522, and 541 through 545 of title 40. Any such transfer shall be in accordance with this section and [section 8122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8122&num=0&edition=prelim). (3) The authority provided by this section may not be used in a case to which [section 8164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8164&num=0&edition=prelim) applies. (4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8118

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8116 — Nursing home revolving fund

**(a)** (1) Amounts realized from a transfer pursuant to section 8122(a)(2)(C) 11 See References in Text note below. of this title shall be administered as a revolving fund and shall be available without fiscal year limitation. (2) The revolving fund shall be deposited in a checking account with the Treasurer of the United States. **(b)** (1) The expenditure of funds from the revolving fund may be made only for the construction, alteration, and acquisition (including site acquisition) of nursing home facilities and may be made only as provided for in appropriation Acts. (2) For the purpose of [section 8104(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8104/a/2&num=0&edition=prelim), a bill, resolution, or amendment which provides that funds in the revolving fund may be expended for a project involving a total expenditure of more than $2,000,000 for the construction, alteration, or acquisition (including site acquisition) of a nursing home facility shall be considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical facility project.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8116

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5334 — Rate on change of position or type of appointment; regulations

**(a)** The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and chapter 51 of this title when— (1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he is demoted to a position in a lower grade; (4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his type of appointment is changed; (6) his employment status is otherwise changed; or (7) his position is changed from one grade to another grade. For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under [section 14306(a)(2) of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section14306/a/2&num=0&edition=prelim), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply. **(b)** An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5334

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8165 — Use of proceeds

Page 1373 TITLE 38—VETERANS’ BENEFITS § 8165 (b) A disposition under this section may be made in return for cash at fair value as the Sec- retary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appro- priate. (c) Not less than 45 days before a disposition of property is made under this section, the Sec- retary shall notify the congressional veterans’ affairs committees of the Secretary’s intent to dispose of the property and shall publish notice of the proposed disposition in the Federal Reg- ister. The notice shall describe the background of, rationale for, and economic factors in sup- port of, the proposed disposition (including a cost-benefit analysis summary) and the method, terms, and conditions of the proposed disposi- tion. (Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 420; amended Pub. L. 108–170, title II, § 202(b), Dec. 6, 2003, 117 Stat. 2047; Pub. L. 108–422, title IV, § 411(e)(3), Nov. 30, 2004, 118 Stat. 2390; Pub. L. 112—154, title II, § 211(e), Aug. 6, 2012, 126 Stat. 1181.) Editorial Notes AMENDMENTS 2012—Subsec. (b). Pub. L. 112–154 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘A disposition under this section may be made for such consideration as the Secretary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appropriate.’’ 2004—Subsec. (a). Pub. L. 108–422 inserted ‘‘8118 or’’ after ‘‘rather than under section’’. 2003—Subsec. (a). Pub. L. 108–170, § 202(b)(1), struck out ‘‘by requesting the Administrator of General Serv- ices to dispose of the property pursuant to subsection (b)’’ after ‘‘in the property’’ in first s

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8165

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