38 U.S.C. § 8162

Section 8162 · Enhanced-use leases

Current version, with additions and removals from the August 6, 2012 version.

Current — August 10, 2022

As of August 6, 2012

(a)(1) The Secretary may in accordance with this subchapter enter into leases with respect to real property that is under the jurisdiction or control of the Secretary. Any such lease under this subchapter may be referred to as an “enhanced-use lease”. The Secretary may dispose of any such property that is leased to another party under this subchapter in accordance with section 8164 of this title. The Secretary may exercise the authority provided by this subchapter notwithstanding section 8122 of this title, subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40, or any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section. The applicability of this subchapter to section 421(b) of the Veterans’ Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) is covered by subsection (c).

(a)(1) The Secretary may in accordance with this subchapter enter into leases with respect to real property that is under the jurisdiction or control of the Secretary. Any such lease under this subchapter may be referred to as an "enhanced-use lease". The Secretary may dispose of any such property that is leased to another party under this subchapter in accordance with section 8164 of this title. The Secretary may exercise the authority provided by this subchapter notwithstanding section 8122 of this title, subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40, or any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section. The applicability of this subchapter to section 421(b) of the Veterans' Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) is covered by subsection (c).

(2) The Secretary may enter into an enhanced-use lease only for the provision of supportive housing and the 1 lease is not inconsistent with and will not adversely affect the mission of the Department.

(2)(A) The Secretary may enter into an enhanced-use lease on or after the date of the enactment of this paragraph only if the Secretary determines—

(i) that the lease will not be inconsistent with, and will not adversely affect—

(I) the mission of the Department; or

(II) the operation of facilities, programs, and services of the Department in the area of the leased property; and

(ii) that—

(I) the lease will enhance the use of the leased property by directly or indirectly benefitting veterans; or

(II) the leased property will provide supportive housing.

(B) The Secretary shall give priority to enhanced-use leases that, on the leased property—

(i) provide supportive housing for veterans;

(ii) provide direct services or benefits targeted to veterans; or

(iii) provide services or benefits that indirectly support veterans.

(3) The provisions of sections 3141–3144, 3146, and 3147 of title 40 shall not, by reason of this section, become inapplicable to property that is leased to another party under an enhanced-use lease.

(4) A property that is leased to another party under an enhanced-use lease may not be considered to be unutilized or underutilized for purposes of section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).

(b)(1) If the Secretary has determined that a property should be leased to another party through an enhanced-use lease, the Secretary shall, at the Secretary's discretion, select the party with whom the lease will be entered into using such selection procedures as the Secretary considers appropriate.

(2) The term of an enhanced-use lease may not exceed 75 years.

(2) The term of an enhanced-use lease may not exceed 99 years.

(3)(A) For any enhanced-use lease entered into by the Secretary, the lease consideration provided to the Secretary shall consist solely of cash at fair value as determined by the Secretary.

(B) The Secretary shall receive no other type of consideration for an enhanced-use lease besides cash.

(D) The Secretary may not waive or postpone the obligation of a lessee to pay any consideration under an enhanced-use lease, including monthly rent.

(4) The terms of an enhanced-use lease may provide for the Secretary to use minor construction funds for capital contribution payments.

(5) The terms of an enhanced-use lease may not provide for any acquisition, contract, demonstration, exchange, grant, incentive, procurement, sale, other transaction authority, service agreement, use agreement, lease, or lease-back by the Secretary or Federal Government.

(6) The ~~Secretary may not enter into an enhanced-use lease without certification in advance in writing by the Director of the~~ Office of Management and Budget ~~that such~~ lease ~~complies with~~ the ~~requirements of this subchapter.~~

(6) The Office of Management and Budget shall review each enhanced-use lease before the lease goes into effect to determine whether the lease is in compliance with paragraph (5).

(c) The entering into an enhanced-use lease covering any land or improvement described in section 421(b)(2) of the Veterans' Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) or section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, ~~2008~~ shall be considered to be prohibited by such sections unless specifically authorized by law.

(c) The entering into an enhanced-use lease covering any land or improvement described in section 421(b)(2) of the Veterans' Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553) or section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008, other than an enhanced-use lease under the Los Angeles Homeless Veterans Leasing Act of 2016, shall be considered to be prohibited by such sections unless specifically authorized by law.

(d)(1) Nothing in this subchapter authorizes the Secretary to enter into an enhanced-use lease that provides for, is contingent upon, or otherwise authorizes the Federal Government to guarantee a loan made by a third party to a lessee for purposes of the enhanced-use lease.

(2) Nothing in this subchapter shall be construed to abrogate or constitute a waiver of the sovereign immunity of the United States with respect to any loan, financing, or other financial agreement entered into by the lessee and a third party relating to an enhanced-use lease.

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →

Versions

Aug 10, 2022 – presentcurrentviewing
Annual edition
Subsec. (a)(2). Pub. L. 117–168, §705(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Secretary may enter into an enhanced-use lease only for the provision of supportive housing and if the lease is not inconsistent with and will not adversely affect the mission of the Department."
▸ what changed
Source credit
Pub. L. 117–168, title VII, §705(a), (b), Aug. 10, 2022, 136 Stat. 1799, 1800.
Jun 6, 2018 – Aug 10, 2022
OLRC release point
Subsec. (b)(6). Pub. L. 115–182, which directed the general amendment of "section 8162(b)(6)" without specifying the Code title to be amended, was executed by generally amending par. (6) of subsec. (b) of this section, to reflect the probable intent of Congress. Prior to amendment, par. (6) read as follows: "The Secretary may not enter into an enhanced-use lease without certification in advance in writing by the Director of the Office of Management and Budget that such lease complies with the requirements of this subchapter."
▸ what changed changes vs current →
Source credit
Pub. L. 115–182, title II, §212, June 6, 2018, 132 Stat. 1461
Sep 29, 2016 – Jun 6, 2018
OLRC release point
Subsec. (b)(3)(D). Pub. L. 114–226, §3(a), added subpar. (D).
▸ what changed changes vs current →
Source credit
Pub. L. 114–226, §§2(m)(2)—3(b), Sept. 29, 2016, 130 Stat. 930
Sep 30, 2015 – Sep 29, 2016
OLRC release point
Subsec. (a)(2). Pub. L. 114–58 inserted "if" after "housing and".
▸ what changed changes vs current →
Source credit
Pub. L. 114–58, title VI, §601(25), Sept. 30, 2015, 129 Stat. 539
Aug 6, 2012 – Sep 30, 2015
Annual edition
Subsec. (a)(2). Pub. L. 112–154, §211(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "The Secretary may enter into an enhanced-use lease only if—
▸ what changed changes vs current →
Source credit
Pub. L. 112—154, title II, §211(b)(1), (c)(1), (d), Aug. 6, 2012, 126 Stat. 1180, 1181
Dec 26, 2007 – Aug 6, 2012
Annual edition
Subsec. (c)(1). Pub. L. 110–161 inserted "or section 224(a) of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2008" after "section 421(b)(2) of the Veterans' Benefits and Services Act of 1988 (Public Law 100–322; 102 Stat. 553)" and substituted "such sections" for "that section".
▸ what changed changes vs current →
Source credit
Pub. L. 110–161, div. I, title II, §224(c), Dec. 26, 2007, 121 Stat. 2272
Dec 15, 2003 – Dec 26, 2007
Annual edition
Subsec. (a)(3). Pub. L. 108–178 struck out comma after "of title 40".
▸ what changed changes vs current →
Source credit
Pub. L. 108–178, §4(i)(1), Dec. 15, 2003, 117 Stat. 2642
Aug 21, 2002 – Dec 15, 2003
Annual edition
Subsec. (a)(1). Pub. L. 107–217, §3(j)(5)(A), substituted "subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40" for "section 321 of the Act of June 30, 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484)".
▸ what changed changes vs current →
Source credit
Pub. L. 107–217, §3(j)(5), Aug. 21, 2002, 116 Stat. 1300
Dec 21, 2001 – Aug 21, 2002
Annual edition
Subsec. (b)(1). Pub. L. 107–95 designated existing provisions as subpar. (A) and added subpar. (B).
▸ what changed changes vs current →
Source credit
Pub. L. 107–95, §10(b), Dec. 21, 2001, 115 Stat. 920
Oct 30, 2000 – Dec 21, 2001
Annual edition
Subsec. (a)(4). Pub. L. 106–400 substituted "McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney Homeless Assistance Act".
▸ what changed changes vs current →
Source credit
Pub. L. 106–400, §2, Oct. 30, 2000, 114 Stat. 1675
Nov 30, 1999 – Oct 30, 2000
Annual edition
Subsec. (a)(2). Pub. L. 106–117, §208(a), inserted subpar. (A) designation before "the Secretary", redesignated subpars. (A) to (C) as cls. (i) to (iii), respectively, and realigned the margins, substituted "; or" for period at end of cl. (iii), and added subpar. (B).
▸ what changed changes vs current →
Source credit
amended Pub. L. 106–117, title II, §208(a), (b), Nov. 30, 1999, 113 Stat. 1567
Aug 14, 1991 – Nov 30, 1999
Annual edition
changes vs current →
Source credit
Added Pub. L. 102–86, title IV, §401(a), Aug. 14, 1991, 105 Stat. 417

See all changes since 1991 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1991; earlier amendments are recorded by date and act, without pre-1994 full text.

Practice areas using this title

Veterans Benefits Law