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

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

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

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Stable record: federal_law:legal_authorities:record_usc_7e50f12c67d6abe1635eb593
Source file: Laws/federal/codes/united-states-code/title-38/section-8118-authority-for-transfer-of-real-property-department-of-veterans-affairs-c--b298db3d33.md
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Source location: Title 38, Chapter 81, § 8118; 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 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 facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D). (5) The authority of the Secretary under paragraph (1) expires on September 30, 2026. **(b)** (1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the “Fund”). Amounts in the Fund shall remain available until expended. (2) Proceeds from the transfer of real property under this section shall be deposited into the Fund. (3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes: (A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses. (B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section. (C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, or establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project. (D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease, or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places. **(c)** The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the President’s budget for that fiscal year for the Department specification of the following: (1) The real property transfers to be undertaken in accordance with this section during that fiscal year. (2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the fiscal year during which the budget is submitted. (3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget.

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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. § 2002 — Definitions

**(a) In General.—** In this chapter: (1) The term “homeless veteran” means a veteran who is homeless (as that term is defined in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11302&num=0&edition=prelim))). (2) The term “grant and per diem provider” means an entity in receipt of a grant under section 2011 or 2012 of this title. **(b) Veteran Defined.—** (1) Notwithstanding [section 101(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/2&num=0&edition=prelim) and except as provided in paragraph (2), for purposes of sections 2011, 2012, 2013, 2044, and 2061 of this title, the term “veteran” means a person who served in the active military, naval, air, or space service, regardless of length of service, and who was discharged or released therefrom. (2) For purposes of paragraph (1), the term “veteran” excludes a person who— (A) received a dishonorable discharge from the Armed Forces; or (B) was discharged or dismissed from the Armed Forces by reason of the sentence of a general court-martial.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2002

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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. § 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

38 U.S.C. § 1710B — Extended care services

**(a)** The Secretary (subject to [section 1710(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/4&num=0&edition=prelim) and subsection (c) of this section) shall operate and maintain a program to provide extended care services to eligible veterans in accordance with this section. Such services shall include the following: (1) Geriatric evaluation. (2) Nursing home care (A) in facilities operated by the Secretary, and (B) in community-based facilities through contracts under [section 1720 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720&num=0&edition=prelim). (3) Domiciliary services under [section 1710(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/b&num=0&edition=prelim). (4) Adult day health care under [section 1720(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720/f&num=0&edition=prelim). (5) Such other noninstitutional alternatives to nursing home care as the Secretary may furnish as medical services under section 1701(10) 11 See References in Text note below. of this title. (6) Respite care under [section 1720B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720b&num=0&edition=prelim). **(b)** The Secretary shall ensure that the staffing and level of extended care services provided by the Secretary nationally in facilities of the Department during any fiscal year is not less than the staffing and level of such services provided nationally in facilities of the Department during fiscal year 1998. **(c)** (1) Except as provided in paragraph (2), the Secretary may not furnish extended care services for a non-service-

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1710B

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8165

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

38 U.S.C. § 8118 — Authority for transfer of real property;

Page 1330 TITLE 38—VETERANS’ BENEFITS § 8118 Subsec. (a)(2)(C), (D). Pub. L. 109–417, § 306(a)(1)(B), added subpars. (C) and (D). Subsec. (c). Pub. L. 109–417, § 306(a)(2), substituted ‘‘a public health emergency. The Secretary shall, through existing medical procurement contracts, and on a reim- bursable basis, make available as necessary, medical supplies, equipment, and pharmaceuticals in response to a public health emergency in support of the Sec- retary of Health and Human Services.’’ for ‘‘a chemical or biological attack or other terrorist attack.’’ Subsec. (d). Pub. L. 109–417, § 306(a)(3), struck out ‘‘de- velop and’’ before ‘‘implement curricula’’, substituted ‘‘public health emergencies’’ for ‘‘biological, chemical, or radiological attacks’’, and inserted ‘‘consistent with section 319F(a) of the Public Health Service Act’’ be- fore period at end. Subsec. (e)(1). Pub. L. 109–417, § 306(a)(4)(A), sub- stituted ‘‘2812’’ for ‘‘2811(b)’’. Subsec. (e)(2). Pub. L. 109–417, § 306(a)(4)(B), struck out ‘‘bioterrorism and other’’ after ‘‘response to’’ and sub- stituted ‘‘319F’’ for ‘‘319F(a)’’. Subsec. (g). Pub. L. 109–417, § 306(b), added subsec. (g). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (e)(3)(C) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8118

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