---
kind: "section"
citation: "38 U.S.C. § 8164"
title: "38"
title_heading: "Veterans’ Benefits"
number: "8164"
heading: "Authority for disposition of leased property"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/8164"
units:
  - "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 V — Enhanced-Use Leases of Real Property"
---

# §8164. Authority for disposition of leased property

- (a) If, during the term of an [enhanced-use lease](/usc/38/8161.md?p=1) or within 30 days after the end of the term of the lease, the [Secretary](/usc/38/101.md?p=1) determines that the leased property is no longer needed by the [Department](/usc/38/101.md?p=1), the [Secretary](/usc/38/101.md?p=1) may initiate action for the transfer to the [lessee](/usc/38/8161.md?p=4) of all right, title, and interest of the United States in the property. A disposition of property may not be made under this section unless the [Secretary](/usc/38/101.md?p=1) determines that the disposition under this section rather than under section [8118](/usc/38/8118.md) or [8122](/usc/38/8122.md) of this title is in the best interests of the [Department](/usc/38/101.md?p=1).
- (b) A disposition under this section may be made in return for cash at fair value as the [Secretary](/usc/38/101.md?p=1) determines is in the best interest of the United States and upon such other terms and conditions as the [Secretary](/usc/38/101.md?p=1) considers appropriate.
- (c) Not less than 45 days before a disposition of property is made under this section, the [Secretary](/usc/38/101.md?p=1) shall notify the [congressional veterans](/usc/38/8161.md?p=2)’ affairs committees of the [Secretary](/usc/38/101.md?p=1)’s intent to dispose of the property and shall publish notice of the proposed disposition in the Federal Register. The notice shall describe the background of, rationale for, and economic factors in support of, the proposed disposition (including a cost-benefit analysis summary) and the method, terms, and conditions of the proposed disposition.

## Source credit

(Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 420; amended Pub. L. 108–170, title II, § 202(b), Dec. 6, 2003, 117 Stat. 2047; Pub. L. 108–422, title IV, § 411(e)(3), Nov. 30, 2004, 118 Stat. 2390; Pub. L. 112—154, title II, § 211(e), Aug. 6, 2012, 126 Stat. 1181.)

## Notes

### Editorial Notes

### Amendments

2012—Subsec. (b). Pub. L. 112–154 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “A disposition under this section may be made for such consideration as the Secretary determines is in the best interest of the United States and upon such other terms and conditions as the Secretary considers appropriate.”

2004—Subsec. (a). Pub. L. 108–422 inserted “8118 or” after “rather than under section”.

2003—Subsec. (a). Pub. L. 108–170, § 202(b)(1), struck out “by requesting the Administrator of General Services to dispose of the property pursuant to subsection (b)” after “in the property” in first sentence and struck out at end “The Administrator, upon request of the Secretary, shall take appropriate action under this section to dispose of property of the Department that is or has been subject to an enhanced-use lease.”

Subsec. (b). Pub. L. 108–170, § 202(b)(2), substituted “Secretary determines” for “Secretary and the Administrator of General Services jointly determine” and “Secretary considers” for “Secretary and the Administrator consider”.

Subsec. (c). Pub. L. 108–170, § 202(b)(3), substituted “45 days” for “90 days”.