38 U.S. Code § 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; 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 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.

(Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 106–117, title II, § 208(d), Nov. 30, 1999, 113 Stat. 1568; Pub. L. 107–217, § 3(j)(6), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 108–7, div. K, title I, § 113(d)(1), Feb. 20, 2003, 117 Stat. 483; Pub. L. 108–170, title II, § 202(c), Dec. 6, 2003, 117 Stat. 2048; Pub. L. 108–178, § 4(i)(2), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 108–422, title IV, § 411(e)(4), Nov. 30, 2004, 118 Stat. 2390; Pub. L. 112—154, title II, § 211(f), Aug. 6, 2012, 126 Stat. 1181; Pub. L. 117–168, title VII, § 705(c), Aug. 10, 2022, 136 Stat. 1800.)

Editorial Notes

Amendments

2022—Subsec. (a)(1). Pub. L. 117–168 substituted “shall, at the discretion of the Secretary, be deposited in—” and subpars. (A) and (B) for “shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title.”

2012—Subsec. (a)(2). Pub. L. 112–154 substituted “into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary considers appropriate” for “in the Department of Veterans Affairs Capital Asset Fund established under section 8118 of this title”.

2004—Subsec. (a)(2). Pub. L. 108–422 substituted “Department of Veterans Affairs Capital Asset Fund established under section 8118 of this title” for “nursing home revolving fund”.

2003—Subsec. (a)(1). Pub. L. 108–7 substituted “Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title” for “Department of Veterans Affairs Health Services Improvement Fund established under section 1729B of this title”.

Subsec. (a)(2). Pub. L. 108–170, § 202(c)(1), struck out “and remaining after any deduction from such funds under the laws referred to in subsection (c)” after “title”.

Subsec. (b). Pub. L. 108–170, § 202(c)(2), inserted at end “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.”

Subsec. (c). Pub. L. 108–178 struck out comma after “of title 40”.

Pub. L. 108–170, § 202(c)(3), struck out subsec. (c) which read as follows: “Subsection (a) does not affect the applicability of subchapter IV of chapter 5 of title 40 with respect to reimbursement of the Administrator of General Services for expenses arising from any disposal of property under section 8164 of this title.”

2002—Subsec. (c). Pub. L. 107–217 substituted “subchapter IV of chapter 5 of title 40” for “section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act of June 8, 1896 (40 U.S.C. 485a)”.

1999—Subsec. (a)(1). Pub. L. 106–117 added par. (1) and struck out former par. (1) which read as follows: “Of the funds received by the Department under an enhanced-use lease and remaining after any deduction from such funds under subsection (b), 75 percent shall be deposited in the nursing home revolving fund established under section 8116 of this title and 25 percent shall be credited to the Medical Care Account of the Department for the use of the Department facility at which the property is located.”

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.