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) of Pub. L. 109–295, set out as a note under section 313 of Title 6. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the National Disaster Medical System, in- cluding the functions of the Secretary of Homeland Se- curity and the Under Secretary for Emergency Pre- paredness and Response relating thereto, to the Sec- retary of Health and Human Services, see title III of Pub. L. 109–295, set out in part as a note under section 300hh–11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109–417, set out as a note under section 300hh–11 of Title 42. For transfer of functions, personnel, assets, and li- abilities of the National Disaster Medical System of the Department of Health and Human Services, includ- ing the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sec- tions 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ENHANCEMENT OF EMERGENCY PREPAREDNESS OF DEPARTMENT OF VETERANS AFFAIRS Pub. L. 107–188, title I, § 154, June 12, 2002, 116 Stat. 631, as amended by Pub. L. 107–287, § 6(b), (c), Nov. 7, 2002, 116 Stat. 2032, provided that: ‘‘[(a) Repealed. Pub. L. 107–287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] ‘‘(b) SECURITY AT DEPARTMENT MEDICAL AND RE- SEARCH FACILITIES.—(1) Not later than 180 days after the date of the enactment of this Act [June 12, 2002], the Secretary [of Veterans Affairs] shall carry out an evaluation of the security needs at Department med- ical centers and research facilities. The evaluation shall address the following needs: ‘‘(A) Needs for the protection of patients and med- ical staff during emergencies, including a chemical or biological attack or other terrorist attack. ‘‘(B) Needs, if any, for screening personnel engaged in research relating to biological pathogens or agents, including work associated with such research. ‘‘(C) Needs for securing laboratories or other facili- ties engaged in research relating to biological patho- gens or agents. ‘‘(D) Any other needs the Secretary considers ap- propriate. ‘‘[(2) Repealed. Pub. L. 107–287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] ‘‘[(c) to (f) Repealed. Pub. L. 107–287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated for the Depart- ment of Veterans Affairs amounts as follows: ‘‘(1) To carry out activities required by subsection (a) of section 8117 of title 38, United States Code— ‘‘(A) $100,000,000 for fiscal year 2002; and ‘‘(B) such sums as may be necessary for each of fiscal years 2003 through 2006. ‘‘(2) To carry out activities required by subsection (b)(1) of this section and subsections (b) through (f) of section 8117 of title 38, United States Code— ‘‘(A) $33,000,000 for fiscal year 2002; and ‘‘(B) such sums as may be necessary for each of fiscal years 2003 through 2006.’’ § 8118. Authority for transfer of real property; Department of Veterans Affairs Capital Asset Fund (a)(1) The Secretary may transfer real prop- erty under the jurisdiction or control of the Sec- retary (including structures and equipment as- sociated therewith) to another department or agency of the United States, to a State (or a po- litical subdivision of a State), or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Sec- retary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensa- tion at less than fair market value may be ac- cepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). 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 trans- ferred is used for any purpose other than a pur- pose 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 sec- tions 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. (3) The authority provided by this section may not be used in a case to which section 8164 of this title 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 struc- tures or properties specified in subsection (b)(3)(D). (5) The authority of the Secretary under para- graph (1) expires on September 30, 2025. (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. Page 1331 TITLE 38—VETERANS’ BENEFITS § 8119 (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 appro- priations Acts, amounts in the Fund may be ex- pended for the following purposes: (A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, main- tenance and repair, improvements to facilitate the transfer, and administrative expenses. (B) Costs, including costs specified in sub- paragraph (A), associated with future transfers of property under this section. (C) Costs associated with enhancing medical care services to veterans by improving, ren- ovating, 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 sub- paragraph (A), associated with the transfer, lease, or adaptive use of a structure or other property under the jurisdiction of the Sec- retary 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 under- taken in accordance with this section during that fiscal year. (2) All transfers completed under this sec- tion during the preceding fiscal year and com- pleted and scheduled to be completed during the fiscal year during which the budget is sub- mitted. (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. (Added Pub. L. 108–422, title IV, § 411(a)(1), Nov. 30, 2004, 118 Stat. 2388; amended Pub. L. 112–37, § 10(g), Oct. 5, 2011, 125 Stat. 397; Pub. L. 115–251, title I, § 105, Sept. 29, 2018, 132 Stat. 3168; Pub. L. 116–159, div. E, title I, § 5103, Oct. 1, 2020, 134 Stat. 748; Pub. L. 117–180, div. E, title IV, § 405, Sept. 30, 2022, 136 Stat. 2139; Pub. L. 118–83, div. B, title III, § 337, Sept. 26, 2024, 138 Stat. 1542.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(5). Pub. L. 118–83 substituted ‘‘Sep- tember 30, 2025’’ for ‘‘September 30, 2024’’. 2022—Subsec. (a)(5). Pub. L. 117–180 substituted ‘‘Sep- tember 30, 2024’’ for ‘‘September 30, 2022’’. 2020—Subsec. (a)(5). Pub. L. 116–159 substituted ‘‘Sep- tember 30, 2022’’ for ‘‘September 30, 2020’’. 2018—Subsec. (a)(5). Pub. L. 115–251 substituted ‘‘Sep- tember 30, 2020’’ for ‘‘December 31, 2018’’. 2011—Subsec. (a)(5). Pub. L. 112–37 substituted ‘‘De- cember 31, 2018’’ for ‘‘the date that is seven years after the date of the enactment of this section’’. Statutory Notes and Related Subsidiaries TRANSFER OF UNOBLIGATED BALANCES TO CAPITAL ASSET FUND Pub. L. 108–422, title IV, § 411(d), Nov. 30, 2004, 118 Stat. 2389, provided that: ‘‘Any unobligated balances in the nursing home revolving fund under section 8116 of title 38, United States Code, as of the date of the enact- ment of this Act [Nov. 30, 2004] shall be deposited in the Department of Veterans Affairs Capital Asset Fund es- tablished under section 8118 of title 38, United States Code (as added by subsection (a)).’’ [Section 411(d) of Pub. L. 108–422, set out above, is ef- fective at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs cer- tifies to Congress that the Secretary is in compliance with section 1710B(b) of this title, see section 411(f) of Pub. L. 108–422, set out as an Effective Date of 2004 Amendment note under section 1710B of this title.] § 8119. Annual report on outpatient clinics (a) ANNUAL REPORT REQUIRED.—The Secretary shall submit to the committees an annual report on community-based outpatient clinics and other outpatient clinics of the Department. The report shall be submitted each year not later than the date on which the budget for the next fiscal year is submitted to the Congress under section 1105 of title 31. (b) CONTENTS OF REPORT.—Each report re- quired under subsection (a) shall include the fol- lowing: (1) A list of each community-based out- patient clinic and other outpatient clinic of the Department, and for each such clinic, the type of clinic, location, size, number of health professionals employed by the clinic, work- load, whether the clinic is leased or con- structed and operated by the Secretary, and the annual cost of operating the clinic. (2) A list of community-based outpatient clinics and other outpatient clinics that the Secretary opened during the fiscal year pre- ceding the fiscal year during which the report is submitted and a list of clinics the Secretary proposes opening during the fiscal year during which the report is submitted and the subse- quent fiscal year, together with the cost of ac- tivating each such clinic and the information required to be provided under paragraph (1) for each such clinic and proposed clinic. (3) A list of proposed community-based out- patient clinics and other outpatient clinics that are, as of the date of the submission of the report, under review by the National Re- view Panel and a list of possible locations for future clinics identified in the Department’s strategic planning process, including any iden- tified locations in rural and underserved areas. (4) A prioritized list of sites of care identi- fied by the Secretary that the Secretary could establish without carrying out construction or entering into a lease, including— (A) any such sites that could be expanded by hiring additional staff or allocating staff to Federal facilities or facilities operating in collaboration with the Federal Government; and (B) any sites established, or able to be es- tablished, under sections 8111 and 8153 of this title. (Added Pub. L. 110–387, title VII, § 708(a), Oct. 10, 2008, 122 Stat. 4139.)