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38 U.S.C. § 8112 — Partial relinquishment of legislative juris-

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

38 U.S.C. § 8112 — Partial relinquishment of legislative juris-

Page 1326 TITLE 38—VETERANS’ BENEFITS § 8111B Storm, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table under section 1701 of Title 50, War and National Defense. § 8111B. Shared medical facilities with Depart- ment of Defense (a) AGREEMENTS.—The Secretary of Veterans Affairs may enter into agreements with the Sec- retary of Defense for the planning, design, and construction, or the leasing, of facilities to be operated as shared medical facilities. (b) TRANSFER OF FUNDS BY SECRETARY OF VET- ERANS AFFAIRS.—(1) The Secretary of Veterans Affairs may transfer to the Department of De- fense amounts appropriated to the Department of Veterans Affairs for ‘‘Construction, minor projects’’ for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the De- partment of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Af- fairs for ‘‘Construction, major projects’’ for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (3) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the ‘‘Medical Facilities’’ ac- count of the Department of Veterans Affairs for the purpose of leasing space for a shared medical facility if the estimated share of the

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Source file: Laws/federal/codes/united-states-code-2024/title-38/section-8112-partial-relinquishment-of-legislative-juris--60533fad91.md
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Page 1326 TITLE 38—VETERANS’ BENEFITS § 8111B Storm, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table under section 1701 of Title 50, War and National Defense. § 8111B. Shared medical facilities with Depart- ment of Defense (a) AGREEMENTS.—The Secretary of Veterans Affairs may enter into agreements with the Sec- retary of Defense for the planning, design, and construction, or the leasing, of facilities to be operated as shared medical facilities. (b) TRANSFER OF FUNDS BY SECRETARY OF VET- ERANS AFFAIRS.—(1) The Secretary of Veterans Affairs may transfer to the Department of De- fense amounts appropriated to the Department of Veterans Affairs for ‘‘Construction, minor projects’’ for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the De- partment of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Af- fairs for ‘‘Construction, major projects’’ for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (3) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the ‘‘Medical Facilities’’ ac- count of the Department of Veterans Affairs for the purpose of leasing space for a shared medical facility if the estimated share of the Depart- ment of Veterans Affairs for the lease costs does not exceed the amount specified in section 8104(a)(3)(B) of this title. (c) TRANSFER OF FUNDS TO SECRETARY OF VET- ERANS AFFAIRS.—(1) Any amount transferred to the Secretary of Veterans Affairs by the Sec- retary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Af- fairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be cred- ited to the ‘‘Construction, minor projects’’ ac- count of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the De- partment of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the ‘‘Construction, major projects’’ account of the Department of Veterans Affairs and used for the necessary ex- penses of constructing such shared medical fa- cility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (3) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for the purpose of leasing space for a shared medical facility may be credited to the ‘‘Medical Facili- ties’’ account of the Department of Veterans Af- fairs and may be used for such purpose. (d) MERGER OF AMOUNTS TRANSFERRED.—Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under sub- section (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) APPROPRIATION IN ADVANCE.—Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) SHARED MEDICAL FACILITY DEFINED.—In this section, the term ‘‘shared medical facil- ity’’— (1) means a building or buildings, or a cam- pus, intended to be used by both the Depart- ment of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and aux- iliary structure, garage, parking facility, me- chanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. (Added Pub. L. 117–81, div. A, title VII, § 714(b)(1), Dec. 27, 2021, 135 Stat. 1786; amended Pub. L. 117–168, title VII, § 706(b), Aug. 10, 2022, 136 Stat. 1800.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–168, § 706(b)(1), inserted ‘‘, or the leasing,’’ after ‘‘design, and construction’’. Subsec. (b)(3). Pub. L. 117–168, § 706(b)(2), added par. (3). Subsec. (c)(3). Pub. L. 117–168, § 706(b)(3), added par. (3). § 8112. Partial relinquishment of legislative juris- diction The Secretary, on behalf of the United States, may relinquish to the State in which any lands or interests therein under the supervision or control of the Secretary are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such par- tial relinquishment of legislative jurisdiction shall be initiated by filing a notice thereof with the Governor of the State concerned, or in such other manner as may be prescribed by the laws of such State, and shall take effect upon accept- ance by such State. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 60, § 5012; renumbered § 8112, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. Page 1327 TITLE 38—VETERANS’ BENEFITS § 8115 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 5007 of this title prior to the general revision of this subchapter by Pub. L. 96–22. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5012 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ in two places. 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. § 8113. Property formerly owned by National Home for Disabled Volunteer Soldiers If by reason of any defeasance or conditional clause or clauses contained in any deed of con- veyance of property to the National Home for Disabled Volunteer Soldiers, which property is owned by the United States, the full and com- plete enjoyment and use of such property is threatened, the Attorney General, upon request of the President, shall institute in the United States district court for the district in which the property is located such proceedings as may be proper to extinguish all outstanding adverse interests. The Attorney General may procure and accept, on behalf of the United States, by gift, purchase, cession, or otherwise, absolute title to, and complete jurisdiction over, all such property. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5013; renumbered § 8113, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 5006 of this title prior to the general revision of this subchapter by Pub. L. 96–22. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5013 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. § 8114. Use of federally owned facilities; use of personnel (a) The Secretary, subject to the approval of the President, may use as medical facilities such suitable buildings, structures, and grounds owned by the United States on March 3, 1925, as may be available for such purposes, and the President may by Executive order transfer any such buildings, structures, and grounds to the control and jurisdiction of the Department upon the request of the Secretary. (b) The President may require the architec- tural, engineering, constructing, or other forces of any of the departments of the Government to do or assist in the construction and alteration of medical facilities, and the President may em- ploy for such purposes individuals and agencies not connected with the Government, if in the opinion of the President such is desirable, at such compensation as the President may con- sider reasonable. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5014; renumbered § 8114, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 5001(e) of this title prior to the general revision of this subchapter by Pub. L. 96–22. AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5014 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 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. § 8115. Acceptance of certain property The President may accept from any State or other political subdivision, or from any person, any building, structure, equipment, or grounds suitable for the care of disabled persons, with due regard to fire or other hazards, state of re- pair, and all other pertinent considerations. The President may designate which agency of the Federal Government shall have the control and management of any property so accepted. (Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5015; renumbered § 8115, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 5005 of this title prior

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

38 U.S.C. § 8112 — Partial relinquishment of legislative jurisdiction

The Secretary, on behalf of the United States, may relinquish to the State in which any lands or interests therein under the supervision or control of the Secretary are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of legislative jurisdiction shall be initiated by filing a notice thereof with the Governor of the State concerned, or in such other manner as may be prescribed by the laws of such State, and shall take effect upon acceptance by such State.

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