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

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.

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Source location: Title 38, Chapter 81, § 8116; 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. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101

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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. § 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. § 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. § 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. § 8116 — Nursing home revolving fund

Page 1328 TITLE 38—VETERANS’ BENEFITS § 8116 1 See References in Text note below. 1 See References in Text note below. to the general revision of this subchapter by Pub. L. 96–22. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5015 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construc- tion, or alteration (not including exchange) was ap- proved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title. § 8116. Nursing home revolving fund (a)(1) Amounts realized from a transfer pursu- ant to section 8122(a)(2)(C) 1 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 re- volving fund may be made only for the construc- tion, 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, a bill, resolution, or amendment which provides that funds in the revolving fund may be expended for a project involving a total expendi- ture of more than $2,000,000 for the construction, alteration, or acquisition (including site acqui- sition) of a nursing home facility shall be con- sidered to be a bill, resolution, or amendment making an appropriation which may be ex- pended for a major medical facility project. (Added Pub. L. 100–322, title II, § 205(a), M

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8116

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