
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-95 Section 10(a)]
[CITE: 38USC8122]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
   CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
 
                  SUBCHAPTER II--PROCUREMENT AND SUPPLY
 
Sec. 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 3709 of the Revised Statutes 
(41 U.S.C. 5). Notwithstanding section 321 of the Act of June 30, 1932 
(40 U.S.C. 303b), 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, ore 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)(A) Except as provided in paragraph (3) of this subsection, the 
Secretary may not during any fiscal year transfer to another Federal 
agency or to a State (or any political subdivision of a State) any 
interest in real property described in subparagraph (B) of this 
paragraph unless (i) the transfer (as proposed) was described in the 
budget for that fiscal year submitted to Congress pursuant to section 
1105 of title 31, and (ii) the Department receives compensation equal to 
the fair market value of the property.
    (B) An interest in real property described in this subparagraph is 
an interest in real property that is owned by the United States and 
administered by the Secretary and that has an estimated value in excess 
of $50,000.
    (C) Amounts realized from the transfer of any interest in real 
property described in subparagraph (B) of this paragraph shall be 
deposited in the nursing home revolving fund established under section 
8116 of this title.
    (3)(A) Subject to subparagraph (B) of this paragraph, the Secretary 
may, without regard to paragraph (2) of this subsection or any other 
provision of law relating to the disposition of real property by the 
United States, transfer to a State for use as the site of a State 
nursing-home or domiciliary facility real property described in 
subparagraph (E) of this paragraph which the Secretary determines to be 
excess to the needs of the Department.
    (B) A transfer of real property may not be made under this paragraph 
unless--
        (i) the Secretary has determined that the State has provided 
    sufficient assurance that it has the resources (including any 
    resources which are reasonably likely to be available to the State 
    under subchapter III of chapter 81 of this title and section 1741 of 
    this title) necessary to construct and operate a State home nursing 
    or domiciliary care facility; and
        (ii) the transfer is made subject to the conditions (I) that the 
    property be used by the State for a nursing-home or domiciliary care 
    facility in accordance with the conditions and limitations 
    applicable to State home facilities constructed with assistance 
    under subchapter III of chapter 81 of this title, and (II) that, if 
    the property is used at any time for any other purpose, all right, 
    title, and interest in and to the property shall revert to the 
    United States.

    (C) A transfer of real property may not be made under this paragraph 
until--
        (i) the Secretary submits to the Committees on Veterans' Affairs 
    of the Senate and House of Representatives, not later than June 1 of 
    the year in which the transfer is proposed to be made (or the year 
    preceding that year), a report providing notice of the proposed 
    transfer; and
        (ii) a period of 90 consecutive days elapses after the report is 
    received by those committees.

    (D) A transfer under this paragraph shall be made under such 
additional terms and conditions as the Secretary considers appropriate 
to protect the interests of the United States.
    (E) Real property described in this subparagraph is real property 
that is owned by the United States and administered by the Secretary.
    (b) The Secretary may, for the purpose of extending benefits to 
veterans and dependents, and to the extent the Secretary deems 
necessary, procure the necessary space for administrative purposes by 
lease, purchase, or construction of buildings, or by condemnation or 
declaration of taking, pursuant to law.
    (c) The Secretary may procure laundry services, and other common 
services as specifically approved by the Secretary from nonprofit, tax-
exempt educational, medical or community institutions, without regard to 
the requirements of section 302(c) \1\ of the Federal Property and 
Administrative Services Act of 1949, as amended (41 U.S.C. 252(c)), 
whenever such services are not reasonably available from private 
commercial sources. Notwithstanding this exclusion, the provisions of 
section 304 of that Act (41 U.S.C. 254) shall apply to procurement 
authorized by this subsection.
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    \1\ See References in Text note below.
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    (d) Real property under the jurisdiction of the Secretary may not be 
declared excess by the Secretary and disposed of by the General Services 
Administration or any other entity of the Federal Government unless the 
Secretary determines that the property is no longer needed by the 
Department in carrying out its functions.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1253, Sec. 5012; amended Pub. 
L. 89-785, title II, Sec. 202(a), (b), Nov. 7, 1966, 80 Stat. 1373; Pub. 
L. 93-82, title III, Sec. 302(2), Aug. 2, 1973, 87 Stat. 195; Pub. L. 
94-581, title II, Sec. 210(e)(7), Oct. 21, 1976, 90 Stat. 2865; 
renumbered Sec. 5022 and amended Pub. L. 96-22, title III, Sec. 301(b), 
June 13, 1979, 93 Stat. 61; Pub. L. 96-330, title IV, Sec. 403(a), Aug. 
26, 1980, 94 Stat. 1052; Pub. L. 97-295, Sec. 4(91), Oct. 12, 1982, 96 
Stat. 1313; Pub. L. 98-160, title IV, Sec. 401, Nov. 21, 1983, 97 Stat. 
1004; Pub. L. 100-322, title IV, Sec. 421(a)(1), May 20, 1988, 102 Stat. 
552; Pub. L. 100-687, div. B, title XV, Sec. 1505, Nov. 18, 1988, 102 
Stat. 4135; renumbered Sec. 8122 and amended Pub. L. 102-40, title IV, 
Sec. 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-54, 
Sec. 14(f)(5), June 13, 1991, 105 Stat. 288; Pub. L. 102-83, 
Secs. 4(a)(1), (3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 
Stat. 403-406.)

                       References in Text

    Subsection (c) of section 302 of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 252(c)), referred to in 
subsec. (c), was struck out by section 2714(a)(1)(B) of Pub. L. 98-369 
and the provisions formerly contained in subsec. (e) were restated in 
subsec. (c)(1) of section 302 of the 1949 Act.


                               Amendments

    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5022 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1741'' for 
``641'' in par. (3)(B)(i).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' and ``Secretary's'' for ``Administrator's'' wherever 
appearing.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in pars. (2)(A) and (3)(A).
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration'' in 
pars. (2)(B) and (3)(E).
    Pub. L. 102-54 amended subsec. (a)(3)(A) as in effect immediately 
before the enactment of Pub. L. 102-40 by substituting ``State'' for 
``State home'' before ``nursing-home'' and ``this paragraph'' for ``the 
paragraph'' before ``which''.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``8116'' for ``5016'' in 
par. (2)(C).
    Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration''.
    1988--Subsec. (a)(2). Pub. L. 100-687, Sec. 1505(1), substituted 
``Except as provided in paragraph (3) of this subsection, the'' for 
``The'' at beginning.
    Pub. L. 100-322 amended par. (2) generally. Prior to amendment, par. 
(2) read as follows:
    ``(A) Before entering into a transaction described in subparagraph 
(B) of this paragraph with respect to any real property owned by the 
United States and administered by the Veterans' Administration which has 
an estimated value in excess of $50,000, the Administrator shall submit 
a report of the facts concerning the proposed transaction to the 
Committees on Veterans' Affairs of the Senate and House of 
Representatives, and such transaction may not then be entered into until 
after the expiration of 180 days from the date upon which the report is 
submitted.
    ``(B) Subparagraph (A) of this paragraph applies to (i) any transfer 
of an interest in real property to another Federal agency or to a State 
(or any political subdivision of a State), and (ii) any report to a 
Federal disposal agency of excess real property.
    ``(C) A statement in an instrument of conveyance, including a lease, 
that the requirements of this paragraph have been met, or that the 
conveyance is not subject to this paragraph, is conclusive for the 
purposes of all matters pertaining to the ownership of any right or 
interest in the property conveyed by such instrument.''
    Subsec. (a)(3). Pub. L. 100-687, Sec. 1505(2), added par. (3).
    1983--Subsec. (a)(2)(A). Pub. L. 98-160, Sec. 401(1), substituted 
``180 days'' for ``30 days''.
    Subsec. (d). Pub. L. 98-160, Sec. 401(2), added subsec. (d).
    1982--Subsec. (a). Pub. L. 97-295, Sec. 4(91)(A), substituted ``of'' 
for ``entitled `An Act making appropriations for the legislative branch 
of the Government for the fiscal year ending June 30, 1933, and for 
other purposes,' approved'' after ``section 321 of the Act''.
    Subsec. (c). Pub. L. 97-295, Sec. 4(91)(B), inserted ``(41 U.S.C. 
254)'' after ``section 304 of that Act''.
    1980--Subsec. (a). Pub. L. 96-330 designated existing provisions as 
par. (1) and added par. (2).
    1979--Subsec. (b). Pub. L. 96-22 substituted ``necessary space for 
administrative purposes by lease'' for ``necessary space for 
administrative, clinical, medical, and outpatient treatment purposes by 
lease''.
    1976--Subsec. (a). Pub. L. 94-581, Sec. 210(e)(7)(A), substituted 
``under the Administrator's control'' for ``under his control'' and 
``notice of the Administrator's intention'' for ``notice of his 
intention''.
    Subsec. (b). Pub. L. 94-581, Sec. 210(e)(7)(B), substituted ``the 
Administrator'' for ``he''.
    Subsec. (c). Pub. L. 94-581, Sec. 210(e)(7)(C), substituted ``the 
Administrator'' for ``him''.
    1973--Subsec. (a). Pub. L. 93-82 inserted provisions that leases 
under this subsection may be made without regard to section 5 of title 
41, that notwithstanding section 303b of title 40 or any other provision 
of law, such leases 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 and that prior to the execution of the 
leases, the Administrator shall give notice of his intention in the 
local newspaper.
    1966--Pub. L. 89-785 inserted ``and to negotiate for common 
services'' in section catchline and added subsec. (c).


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-22 effective Oct. 1, 1979, except that the 
amendment shall not apply with respect to the acquisition, construction, 
or alteration of any medical facilities if the acquisition, 
construction, or alteration (not including exchange) was approved by the 
President before Oct. 1, 1979, see section 302 of Pub. L. 96-22, set out 
as an Effective Date note under section 8101 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211 
of Pub. L. 94-581, set out as a note under section 111 of this title.


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 
of Pub. L. 93-82, set out as a note under section 1701 of this title.


  Transfer of Real Property Deemed Described in Budget for Fiscal Year 
                                  1989

    Section 421(a)(2) of Pub. L. 100-322 provided that any proposed 
transfer of real property described in subsec. (a)(2)(B) of this section 
that was described in a report submitted to Committees on Veterans' 
Affairs of Senate and House of Representatives by Administrator not 
later than 30 days after May 20, 1988, was to be deemed for purposes of 
subsec. (a)(2)(A) of this section to have been described in the 
President's budget for fiscal year 1989.

                  Section Referred to in Other Sections

    This section is referred to in sections 8116, 8162, 8164, 8201 of 
this title.
