§ 8118. Authority for transfer of real property; Department of Veterans Affairs Capital Asset Fund

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2004

   Veterans Health Programs Improvement Act of 2004

   Pub. L. 108–422 title IV § 411(a)(1) · 118 Stat. 2379

   Enacted · 38 U.S.C. § 8118

   Added Pub. L. 108–422, title IV, § 411(a)(1), Nov. 30, 2004, 118 Stat. 2388

   Source evidence

   Code source credit
   Added Pub. L. 108–422, title IV, § 411(a)(1), Nov. 30, 2004, 118 Stat. 2388

   Enacted provision · exact public law section
   (1) Subchapter I of chapter 81 is amended by adding at the end the following new section: “§ 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). 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. “(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 structures or properties specified in subsection (b)(3)(D). “(5) Expiration date. The authority of the Secretary under paragraph (1) expires on the date that is seven years after the date of the enactment of this section. “(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.” .

2. 2011

   Veterans Health Care Facilities Capital Improvement Act of 2011

   Pub. L. 112–37 § 10(g) · 125 Stat. 397

   Substituted · 38 U.S.C. § 8118(a)(5)

   Pub. L. 112–37 substituted “December 31, 2018” for “the date that is seven years after the date of the enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 112–37 substituted “December 31, 2018” for “the date that is seven years after the date of the enactment of this section”.

   Enacted provision · exact public law section
   (g) Authority To Transfer Real Property.— Section 8118(a)(5) of such title is amended by striking “the date that is seven years after the date of the enactment of this section” and inserting “December 31, 2018”.

3. 2018

   Department of Veterans Affairs Expiring Authorities Act of 2018

   Pub. L. 115–251 title I § 105 · 132 Stat. 3166

   Substituted · 38 U.S.C. § 8118(a)(5)

   Pub. L. 115–251 substituted “September 30, 2020” for “December 31, 2018”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 115–251 substituted “September 30, 2020” for “December 31, 2018”.

   Enacted provision · exact public law section
   SEC. 105. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY.   Section 8118(a)(5) is amended by striking “December 31, 2018” and inserting “September 30, 2020”.

4. 2020

   Department of Veterans Affairs Expiring Authorities Act of 2020

   Pub. L. 116–159 div. E title I § 5103 · 134 Stat. 709

   Substituted · 38 U.S.C. § 8118(a)(5)

   Pub. L. 116–159 substituted “September 30, 2022” for “September 30, 2020”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 116–159 substituted “September 30, 2022” for “September 30, 2020”.

   Enacted provision · exact public law section
   SEC. 5103. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY.   Section 8118(a)(5) of title 38, United States Code, is amended by striking “September 30, 2020” and inserting “September 30, 2022”.

5. 2022

   Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023

   Pub. L. 117–180 div. E title IV § 405 · 136 Stat. 2114

   Substituted · 38 U.S.C. § 8118(a)(5)

   Pub. L. 117–180 substituted “September 30, 2024” for “September 30, 2022”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 117–180 substituted “September 30, 2024” for “September 30, 2022”.

   Enacted provision · exact public law section
   SEC. 405. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY.   Section 8118(a)(5) of title 38, United States Code, is amended by striking “September 30, 2022” and inserting “September 30, 2024”.

6. 2024

   Pub. L. 118–83 div. B title III § 337 · 138 Stat. 1542

   Substituted · 38 U.S.C. § 8118(a)(5)

   Pub. L. 118–83 substituted “September 30, 2025” for “September 30, 2024”

   Unresolved: Pub. L. 118–83 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 118–83 substituted “September 30, 2025” for “September 30, 2024”.

7. 2025

   Pub. L. 119–37 div. G title IV § 7405 · 139 Stat. 654

   Substituted · 38 U.S.C. § 8118(a)(5)

   Pub. L. 119–37 substituted “September 30, 2026” for “September 30, 2025”

   Unresolved: Pub. L. 119–37 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 119–37 substituted “September 30, 2026” for “September 30, 2025”.

   Effective date note
   Amendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.

8. 2026

   Pub. L. 119–103 div. D title IV § 4407 · 140 Stat. 1010

   Substituted · 38 U.S.C. § 8118(a)(5)

   Pub. L. 119–103 substituted “December 11, 2026” for “September 30, 2026”

   Unresolved: Pub. L. 119–103 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 119–103 substituted “December 11, 2026” for “September 30, 2026”.

5 of 8 references resolved to an enrolled provision · 3 unresolved