dreamproit/uscode huggingface dataset:
38 U.S.C. § 8119 (VETERANS’ BENEFITS)
§ 8119. Annual report on outpatient clinics
(a) Annual Report Required.—
The Secretary shall submit to the committees an annual report on community-based outpatient clinics and other outpatient clinics of the Department. The report shall be submitted each year not later than the date on which the budget for the next fiscal year is submitted to the Congress under section 1105 of title 31.
(b) Contents of Report.—
Each report required under subsection (a) shall include the following:
(1) A list of each community-based outpatient clinic and other outpatient clinic of the Department, and for each such clinic, the type of clinic, location, size, number of health professionals employed by the clinic, workload, whether the clinic is leased or constructed and operated by the Secretary, and the annual cost of operating the clinic.
(2) A list of community-based outpatient clinics and other outpatient clinics that the Secretary opened during the fiscal year preceding the fiscal year during which the report is submitted and a list of clinics the Secretary proposes opening during the fiscal year during which the report is submitted and the subsequent fiscal year, together with the cost of activating each such clinic and the information required to be provided under paragraph (1) for each such clinic and proposed clinic.
(3) A list of proposed community-based outpatient clinics and other outpatient clinics that are, as of the date of the submission of the report, under review by the National Review Panel and a list of possible locations for future clinics identified in the Department’s strategic planning process, including any identified locations in rural and underserved areas.
(4) A prioritized list of sites of care identified by the Secretary that the Secretary could establish without carrying out construction or entering into a lease, including—
(A) any such sites that could be expanded by hiring additional staff or allocating staff to Federal facilities or facilities operating in collaboration with the Federal Government; and
(B) any sites established, or able to be established, under sections 8111 and 8153 of this title.
(Added Pub. L. 110–387, title VII, § 708(a), Oct. 10, 2008, 122 Stat. 4139.)
heading: Deadline for First Annual Report
text: Pub. L. 110–387, title VII, § 708(b), Oct. 10, 2008, 122 Stat. 4140, provided that: “The Secretary of Veterans Affairs shall submit the first report required under section 8119(a) of title 38, United States Code, as added by subsection (a), by not later than 90 days after the date of the enactment of this Act [Oct. 10, 2008].”
38 U.S.C. § 8123 (VETERANS’ BENEFITS)
§ 8123. Procurement of prosthetic appliances
The Secretary may procure prosthetic appliances and necessary services required in the fitting, supplying, and training and use of prosthetic appliances by purchase, manufacture, contract, or in such other manner as the Secretary may determine to be proper, without regard to any other provision of law.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5013; amended Pub. L. 94–581, title II, § 210(e)(8), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5023, Pub. L. 96–22, title III, § 301(b)(1), June 13, 1979, 93 Stat. 61; renumbered § 8123, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5023 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places.
1976—Pub. L. 94–581 substituted “the Administrator” for “he”.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 8124 (VETERANS’ BENEFITS)
§ 8124. Grant of easements in Government-owned lands
The Secretary, whenever the Secretary deems it advantageous to the Government and upon such terms and conditions as the Secretary deems advisable, may grant on behalf of the United States to any State, or any agency or political subdivision thereof, or to any public-service company, easements in and rights-of-way over lands belonging to the United States which are under the Secretary’s supervision and control. Such grant may include the use of such easements or rights-of-way by public utilities to the extent authorized and under the conditions imposed by the laws of such State relating to use of public highways. Such partial, concurrent, or exclusive jurisdiction over the areas covered by such easements or rights-of-way, as the Secretary deems necessary or desirable, is hereby ceded to the State in which the land is located. The Secretary may accept or secure on behalf of the United States from the State in which is situated any land conveyed in exchange for any such easement or right-of-way, such jurisdiction as the Secretary may deem necessary or desirable over the land so acquired. Any such easement or right-of-way shall be terminated upon abandonment or nonuse of the same and all right, title, and interest in the land covered thereby shall thereupon revert to the United States or its assignee.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5014; amended Pub. L. 94–581, title II, § 210(e)(9), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5024, Pub. L. 96–22, title III, § 301(b)(1), June 13, 1979, 93 Stat. 61; renumbered § 8124, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5024 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing and “Secretary’s” for “Administrator’s”.
1976—Pub. L. 94–581 substituted “the Administrator” for “he” wherever appearing and “under the Administrator’s supervision” for “under his supervision”.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 8128 (VETERANS’ BENEFITS)
§ 8128. Small business concerns owned and controlled by veterans: contracting priority
(a) Contracting Priority.—
In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.
(b) Definition.—
For purposes of this section, the term “small business concern owned and controlled by veterans” means a small business concern that is included in the small business database maintained by the Secretary under section 8127(f) of this title.
(Added Pub. L. 109–461, title V, § 503(a)(1), Dec. 22, 2006, 120 Stat. 3435.)
heading: Effective Date
text: Pub. L. 109–461, title V, § 503(b), Dec. 22, 2006, 120 Stat. 3436, provided that: “This section [enacting this section] and the amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act [Dec. 22, 2006].”
38 U.S.C. § 8132 (VETERANS’ BENEFITS)
§ 8132. Declaration of purpose
The purpose of this subchapter is to assist the several States to construct State home facilities (or to acquire facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans, and to expand, remodel, or alter existing buildings for furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes.
(Added Pub. L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5032; amended Pub. L. 94–581, title II, § 206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 95–62, § 3(3), July 5, 1977, 91 Stat. 262; Pub. L. 98–528, title I, § 105(1), Oct. 19, 1984, 98 Stat. 2689; renumbered § 8132, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 104–262, title III, § 342(b)(2), Oct. 9, 1996, 110 Stat. 3206.)
heading: Amendments
text: 1996—Pub. L. 104–262 inserted “adult day health,” before “or hospital care”.
1991—Pub. L. 102–40 renumbered section 5032 of this title as this section.
1984—Pub. L. 98–528 inserted “(or to acquire facilities to be used as State home facilities) after “State home facilities”.
1977—Pub. L. 95–62 inserted references to the construction of State home facilities for furnishing of domiciliary care and to the expansion, remodeling, and alteration of existing buildings for furnishing domiciliary, nursing home, or hospital care to veterans in State homes.
1976—Pub. L. 94–581 substituted “veterans” for “war veterans”.
heading: Effective Date of 1977 Amendment
text: Amendment by Pub. L. 95–62 effective Oct. 1, 1977, with provision for the continuing force and effect of the terms and conditions of grants made prior to Oct. 1, 1977, under former section 644 of this title and with additional provision for the modification of the terms and conditions of both grants made under former section 644 of this title prior to Oct. 1, 1977, and of grants made under this subchapter prior to Oct. 1, 1977, see section 5 of Pub. L. 95–62, set out as a note under section 8131 of this title.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 8137 (VETERANS’ BENEFITS)
§ 8137. State control of operations
Except as otherwise specifically provided, nothing in this subchapter shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any State home for which facilities are constructed or acquired with assistance received under this subchapter.
(Added Pub. L. 88–450, § 4(a), Aug. 19, 1964, 78 Stat. 503, § 5037; amended Pub. L. 98–528, title I, § 105(5), Oct. 19, 1984, 98 Stat. 2690; renumbered § 8137, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5037 of this title as this section.
1984—Pub. L. 98–528 inserted “or acquired” after “constructed”.
38 U.S.C. § 8138 (VETERANS’ BENEFITS)
§ 8138. Treatment of certain health facilities as State homes
(a) The Secretary may treat a health facility (or certain beds in a health facility) as a State home for purposes of subchapter V of chapter 17 of this title if the following requirements are met:
(1) The facility (or certain beds in such facility) meets the standards for the provision of nursing home care that are applicable to State homes, as prescribed by the Secretary under section 8134(b) of this title, and such other standards relating to the facility (or certain beds in such facility) as the Secretary may require.
(2) The facility (or certain beds in such facility) is licensed or certified by the appropriate State and local agencies charged with the responsibility of licensing or otherwise regulating or inspecting State home facilities.
(3) The State demonstrates in an application to the Secretary that, but for the treatment of a facility (or certain beds in such facility), as a State home under this subsection, a substantial number of veterans residing in the geographic area in which the facility is located who require nursing home care will not have access to such care.
(4) The Secretary determines that the treatment of the facility (or certain beds in such facility) as a State home best meets the needs of veterans for nursing home care in the geographic area in which the facility is located.
(5) The Secretary approves the application submitted by the State with respect to the facility (or certain beds in such facility).
(b) The Secretary may not treat a health facility (or certain beds in a health facility) as a State home under subsection (a) if the Secretary determines that such treatment would increase the number of beds allocated to the State in excess of the limit on the number of beds provided for by regulations prescribed under section 8134(a) of this title.
(c) The number of beds occupied by veterans in a health facility for which payment may be made under subchapter V of chapter 17 of this title by reason of subsection (a) shall not exceed—
(1) 100 beds in the aggregate for all States; and
(2) in the case of any State, the difference between—
(A) the number of veterans authorized to be in beds in State homes in such State under regulations prescribed under section 8134(a) of this title; and
(B) the number of veterans actually in beds in State homes (other than facilities or certain beds treated as State homes under subsection (a)) in such State under regulations prescribed under such section.
(d) The number of beds in a health facility in a State that has been treated as a State home under subsection (a) shall be taken into account in determining the unmet need for beds for State homes for the State under section 8134(d)(1) of this title.
(e) The Secretary may not treat any new health facilities (or any new certain beds in a health facility) as a State home under subsection (a) after September 30, 2009.
(Added Pub. L. 109–461, title II, § 211(c)(1), Dec. 22, 2006, 120 Stat. 3420.)
38 U.S.C. § 8151 (VETERANS’ BENEFITS)
§ 8151. Statement of congressional purpose
It is the purpose of this subchapter to strengthen the medical programs at Department facilities and improve the quality of health care provided veterans under this title by authorizing the Secretary to enter into agreements with health-care providers in order to share health-care resources with, and receive health-care resources from, such providers while ensuring no diminution of services to veterans.
(Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1373, § 5051; amended Pub. L. 101–366, title II, § 202(a), Aug. 15, 1990, 104 Stat. 438; renumbered § 8151, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–210, § 3(a), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 104–262, title III, § 301(a), Oct. 9, 1996, 110 Stat. 3191.)
heading: Amendments
text: 1996—Pub. L. 104–262 amended section generally. Prior to amendment, section read as follows: “It is the purpose of this subchapter to improve the quality of hospital care and other medical service provided veterans under this title, by authorizing the Secretary to enter into agreements with medical schools, health-care facilities, and research centers throughout the country in order to receive from and share with such medical schools, health-care facilities, and research centers the most advanced medical techniques and information, as well as certain specialized medical resources which otherwise might not be feasibly available or to effectively utilize other medical resources with the surrounding medical community, without diminution of services to veterans. Among other things, it is intended, by these means, to strengthen the medical programs at those Department hospitals which are located in small cities or rural areas and thus are remote from major medical centers. It is further the purpose of this subchapter to improve the provision of care to veterans under this title by authorizing the Secretary to enter into agreements with State veterans facilities for the sharing of health-care resources.”
1993—Pub. L. 103–210 inserted at end “It is further the purpose of this subchapter to improve the provision of care to veterans under this title by authorizing the Secretary to enter into agreements with State veterans facilities for the sharing of health-care resources.”
1991—Pub. L. 102–40 renumbered section 5051 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department” for “Veterans’ Administration”.
1990—Pub. L. 101–366 substituted “health-care facilities,” for “hospitals,” in two places.
38 U.S.C. § 8152 (VETERANS’ BENEFITS)
§ 8152. Definitions
For the purposes of this subchapter—
(1) The term “health-care resource” includes hospital care and medical services (as those terms are defined in section 1701 of this title), services under sections 1782 and 1783 of this title, any other health-care service, and any health-care support or administrative resource.
(2) The term “health-care providers” includes health-care plans and insurers and any organizations, institutions, or other entities or individuals who furnish health-care resources.
(3) The term “hospital”, unless otherwise specified, includes any Federal, State, local, or other public or private hospital.
(Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1373, § 5052; renumbered § 8152, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–54, § 14(f)(8), June 13, 1991, 105 Stat. 288; Pub. L. 103–210, § 3(b), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 104–262, title III, § 301(b), Oct. 9, 1996, 110 Stat. 3191; Pub. L. 107–135, title II, § 208(e)(8), Jan. 23, 2002, 115 Stat. 2464.)
heading: Amendments
text: 2002—Par. (1). Pub. L. 107–135 inserted “services under sections 1782 and 1783 of this title,” after “of this title),”.
1996—Pub. L. 104–262 added pars. (1) and (2), redesignated par. (4) as (3), and struck out former pars. (1) to (3) which read as follows:
“(1) The term ‘research center’ means an institution (or part of an institution), the primary function of which is research, training of specialists, and demonstrations and which, in connection therewith, provides specialized, high quality diagnostic and treatment services for inpatients and outpatients.
“(2) The term ‘specialized medical resources’ means medical resources (whether equipment, space, or personnel) which, because of cost, limited availability, or unusual nature, are either unique in the medical community or are subject to maximum utilization only through mutual use.
“(3) The term ‘health-care resource’ includes hospital care, medical services, and rehabilitative services, as those terms are defined in paragraphs (5), (6), and (8), respectively, of section 1701 of this title, any other health-care service, and any health-care support or administrative resource.”
1993—Pars. (3), (4). Pub. L. 103–210 added par. (3) and redesignated former par. (3) as (4).
1991—Pub. L. 102–40 renumbered section 5052 of this title as this section.
Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by redesignating pars. (a), (b), and (c) as pars. (1), (2), and (3), respectively, and by realigning the margins.
38 U.S.C. § 8156 (VETERANS’ BENEFITS)
§ 8156. Coordination with health services development activities carried out under the National Health Planning and Resources Development Act of 1974
The Secretary and the Secretary of Health and Human Services shall, to the maximum extent practicable, coordinate programs carried out under this subchapter and programs carried out under part F of title XVI of the Public Health Service Act (42 U.S.C. 300t et seq.).
(Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5056; amended Pub. L. 94–581, title I, § 115(a)(2), Oct. 21, 1976, 90 Stat. 2853; Pub. L. 97–295, § 4(93), (95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered § 8156, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: References in Text
text: The National Health Planning and Resources Development Act of 1974, referred to in section catchline, is Pub. L. 93–641, Jan. 4, 1975, 88 Stat. 2225, as amended, which is classified generally to subchapters XIII (§ 300k et seq.) and XIV (§ 300o et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title of 1975 Amendment note set out under section 201 of Title 42 and Tables.
The Public Health Service Act, referred to in text, is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part F of title XVI of the Public Health Service Act was added by act Jan. 4, 1975, Pub. L. 93–641, § 4, 88 Stat. 2273, and was redesignated as Part D by Pub. L. 96–79, title II, § 202(a), Oct. 4, 1979, 93 Stat. 632. Part D of that Act is classified generally to Part D (§ 300t) of subchapter XIV of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5056 of this title as this section.
Pub. L. 102–83 substituted “The Secretary” for “The Administrator”.
1982—Pub. L. 97–295, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”.
Pub. L. 97–295, § 4(93), inserted “(42 U.S.C. 300t et seq.)” after “part F of title XVI of the Public Health Service Act”.
1976—Pub. L. 94–581 substituted “health services development activities carried out under the National Health Planning and Resources Development Act of 1974” for “programs carried out under the Heart Disease, Cancer, and Stroke Amendments of 1965” in section catchline and “part F of title XVI” for “title IX” in text.
heading: Effective Date of 1976 Amendment
text: Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
38 U.S.C. § 8157 (VETERANS’ BENEFITS)
§ 8157. Joint title to medical equipment
(a) Subject to subsection (b), the Secretary may enter into agreements with institutions described in section 8153(a) of this title for the joint acquisition of medical equipment.
(b)
(1) The Secretary may not pay more than one-half of the purchase price of equipment acquired through an agreement under subsection (a).
(2) Any equipment to be procured under such an agreement shall be procured by the Secretary. Title to such equipment shall be held jointly by the United States and the institution.
(3) Before equipment acquired under such an agreement may be used, the parties to the agreement shall arrange by contract under section 8153 of this title for the exchange or use of the equipment.
(4) The Secretary may not contract for the acquisition of medical equipment to be purchased jointly under an agreement under subsection (a) until the institution which enters into the agreement provides to the Secretary its share of the purchase price of the medical equipment.
(c)
(1) Notwithstanding any other provision of law, the Secretary may transfer the interest of the Department in equipment acquired through an agreement under subsection (a) to the institution which holds joint title to the equipment if the Secretary determines that the transfer would be justified by compelling clinical considerations or the economic interest of the Department. Any such transfer may only be made upon agreement by the institution to pay to the Department the amount equal to one-half of the depreciated purchase price of the equipment. Any such payment when received shall be credited to the applicable Department medical appropriation.
(2) Notwithstanding any other provision of law, the Secretary may acquire the interest of an institution in equipment acquired under subsection (a) if the Secretary determines that the acquisition would be justified by compelling clinical considerations or the economic interests of the Department. The Secretary may not pay more than one-half the depreciated purchase price of that equipment.
(Added Pub. L. 102–405, title I, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1973.)