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38 U.S.C. § 8162 — Enhanced-use leases

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

38 U.S.C. § 8162 — Enhanced-use leases

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Source file: Laws/federal/codes/united-states-code/title-38/section-8162-enhanced-use-leases--e9aa5ff1a0.md
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Source location: Title 38, Chapter 81, § 8162; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md

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**(a)** (1) The Secretary may in accordance with this subchapter enter into leases with respect to real property that is under the jurisdiction or control of the Secretary. Any such lease under this subchapter may be referred to as an “enhanced-use lease”. The Secretary may dispose of any such property that is leased to another party under this subchapter in accordance with [section 8164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8164&num=0&edition=prelim). The Secretary may exercise the authority provided by this subchapter notwithstanding [section 8122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8122&num=0&edition=prelim), subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40, or any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section. The applicability of this subchapter to section 421(b) of the Veterans’ Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) is covered by subsection (c). (2) (A) The Secretary may enter into an enhanced-use lease on or after the date of the enactment of this paragraph only if the Secretary determines— (i) that the lease will not be inconsistent with, and will not adversely affect— (I) the mission of the Department; or (II) the operation of facilities, programs, and services of the Department in the area of the leased property; and (ii) that— (I) the lease will enhance the use of the leased property by directly or indirectly benefitting veterans; or (II) the leased property will provide supportive housing. (B) The Secretary shall give priority to enhanced-use leases that, on the leased property— (i) provide supportive housing for veterans; (ii) provide direct services or benefits targeted to veterans; or (iii) provide services or benefits that indirectly support veterans. (3) The provisions of sections 3141–3144, 3146, and 3147 of title 40 shall not, by reason of this section, become inapplicable to property that is leased to another party under an enhanced-use lease. (4) A property that is leased to another party under an enhanced-use lease may not be considered to be unutilized or underutilized for purposes of section 501 of the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11411&num=0&edition=prelim)). **(b)** (1) If the Secretary has determined that a property should be leased to another party through an enhanced-use lease, the Secretary shall, at the Secretary’s discretion, select the party with whom the lease will be entered into using such selection procedures as the Secretary considers appropriate. (2) The term of an enhanced-use lease may not exceed 99 years. (3) (A) For any enhanced-use lease entered into by the Secretary, the lease consideration provided to the Secretary shall consist solely of cash at fair value as determined by the Secretary. (B) The Secretary shall receive no other type of consideration for an enhanced-use lease besides cash. (C) The Secretary may enter into an enhanced-use lease without receiving consideration. (D) The Secretary may not waive or postpone the obligation of a lessee to pay any consideration under an enhanced-use lease, including monthly rent. (4) The terms of an enhanced-use lease may provide for the Secretary to use minor construction funds for capital contribution payments. (5) The terms of an enhanced-use lease may not provide for any acquisition, contract, demonstration, exchange, grant, incentive, procurement, sale, other transaction authority, service agreement, use agreement, lease, or lease-back by the Secretary or Federal Government. (6) The Office of Management and Budget shall review each enhanced-use lease before the lease goes into effect to determine whether the lease is in compliance with paragraph (5). **(c)** The entering into an enhanced-use lease covering any land or improvement described in section 421(b)(2) of the Veterans’ Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) or section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008, other than an enhanced-use lease under the Los Angeles Homeless Veterans Leasing Act of 2016, shall be considered to be prohibited by such sections unless specifically authorized by law. **(d)** (1) Nothing in this subchapter authorizes the Secretary to enter into an enhanced-use lease that provides for, is contingent upon, or otherwise authorizes the Federal Government to guarantee a loan made by a third party to a lessee for purposes of the enhanced-use lease. (2) Nothing in this subchapter shall be construed to abrogate or constitute a waiver of the sovereign immunity of the United States with respect to any loan, financing, or other financial agreement entered into by the lessee and a third party relating to an enhanced-use lease.

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

38 U.S.C. § 8122 — Authority to procure and dispose of property and to negotiate for common services

**(a)** (1) The Secretary may lease for a term not exceeding three years lands or buildings, or parts or parcels thereof, belonging to the United States and under the Secretary’s control. Any lease made pursuant to this subsection to any public or nonprofit organization may be made without regard to the provisions of section 6101(b) to (d) of title 41. Notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim), or any other provision of law, a lease made pursuant to this subsection to any public or nonprofit organization may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease. Prior to the execution of any such lease, the Secretary shall give appropriate public notice of the Secretary’s intention to do so in the newspaper of the community in which the lands or buildings to be leased are located. The proceeds from such leases, less expenses for maintenance, operation, and repair of buildings leased for living quarters, shall be covered into the Treasury of the United States as miscellaneous receipts. (2) Except as provided in paragraph (3), the Secretary may not during any fiscal year transfer to any other department or agency of the United States or to any other entity real property that is owned by the United States and administered by the Secretary unless the proposed transfer is described in the budget submitted to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for that fiscal year. (3) (A) Subject to subparagraph (B) of this paragraph, the Secretary may, without regard to paragr

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8122

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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

42 U.S.C. § 11411 — Use of unutilized and underutilized public buildings and real property to assist the homeless

**(a) Identification of suitable property** The Secretary of Housing and Urban Development shall, on a quarterly basis, request information from each landholding agency regarding Federal public buildings and other Federal real properties (including fixtures) that are excess property or surplus property or that are described as unutilized or underutilized in surveys by the heads of landholding agencies under section 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Secretary, the head of each landholding agency shall transmit such information to the Secretary. No later than 30 days after receiving such information, the Secretary shall identify which of those buildings and other properties are suitable for use to assist the homeless. **(b) Availability of property** (1) The Secretary shall promptly notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a). No later than 45 days after receipt of such a notice, the head of the appropriate landholding agency shall transmit to the Secretary the agency’s response to property identifications contained in such notification, which shall include— (A) in the case of unutilized or underutilized property— (i) a statement of intention to determine the property excess to the agency’s needs; (ii) a statement of intention to make the property available for use to assist the homeless; or (iii) a statement of the reasons (including a full explanation of the need) the property cannot be determined excess to the agency’s needs or made available for use to assist the homeless; and (B) in the case of excess property— (i) a statement that there is no other compelling Federal need for the property and, therefore,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11411

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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. § 8162 — Enhanced-use leases

Page 1369 TITLE 38—VETERANS’ BENEFITS § 8162 property determined to present an opportunity for such lease.’’ ENHANCED USE LEASES Pub. L. 104–110, title II, § 202(c), Feb. 13, 1996, 110 Stat. 771, provided that: ‘‘The Secretary shall submit to Con- gress, not later than March 31, 1997, a report evaluating the operation of the program under subchapter V of chapter 81 of title 38, United States Code.’’ § 8162. Enhanced-use leases (a)(1) The Secretary may in accordance with this subchapter enter into leases with respect to real property that is under the jurisdiction or control of the Secretary. Any such lease under this subchapter may be referred to as an ‘‘en- hanced-use lease’’. The Secretary may dispose of any such property that is leased to another party under this subchapter in accordance with section 8164 of this title. The Secretary may ex- ercise the authority provided by this subchapter notwithstanding section 8122 of this title, sub- chapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40, or any other provi- sion of law (other than Federal laws relating to environmental and historic preservation) incon- sistent with this section. The applicability of this subchapter to section 421(b) of the Veterans’ Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) is covered by subsection (c). (2)(A) The Secretary may enter into an en- hanced-use lease on or after the date of the en- actment of this paragraph only if the Secretary determines— (i) that the lease will not be inconsistent with, and will not adversely affect— (I) the mission of the Department; or (II) the operation of facilities, programs, and services of the Department in the area of the leased property; and (ii) that— (I) the lease will enhance the

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8162

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

42 U.S.C. § 11411 — Use of unutilized and underutilized pub-

Page 8181 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11411 SUBCHAPTER V—IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY § 11411. Use of unutilized and underutilized pub- lic buildings and real property to assist the homeless (a) Identification of suitable property The Secretary of Housing and Urban Develop- ment shall, on a quarterly basis, request infor- mation from each landholding agency regarding Federal public buildings and other Federal real properties (including fixtures) that are excess property or surplus property or that are de- scribed as unutilized or underutilized in surveys by the heads of landholding agencies under sec- tion 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Sec- retary, the head of each landholding agency shall transmit such information to the Sec- retary. No later than 30 days after receiving such information, the Secretary shall identify which of those buildings and other properties are suitable for use to assist the homeless. (b) Availability of property (1) The Secretary shall promptly notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a). No later than 45 days after receipt of such a notice, the head of the appro- priate landholding agency shall transmit to the Secretary the agency’s response to property identifications contained in such notification, which shall include— (A) in the case of unutilized or underutilized property— (i) a statement of intention to determine the property excess to the agency’s needs; (ii) a statement of intention to make the property available for use to assist the homeless; or (iii) a statement of the reasons (including a full explanation of the need) the property c

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11411

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11411. This identifies an authority to review, not proof of applicability.