§ 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.
(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.
(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.