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38 U.S.C. § 8158 (VETERANS’ BENEFITS)
§ 8158. Deposit in escrow
(a) To facilitate the procurement of medical equipment pursuant to section 8157 of this title, the Secretary may enter into escrow agreements with institutions described in section 8153(a) of this title. Any such agreement shall provide that—
(1) the institutions shall pay to the Secretary the funds necessary to make a payment under section 8157(b)(4) of this title;
(2) the Secretary, as escrow agent, shall administer those funds in an escrow account; and
(3) the Secretary shall disburse the escrowed funds to pay for such equipment upon its delivery or in accordance with the contract to procure the equipment and shall disburse all accrued interest or other earnings on the escrowed funds to the institution.
(b) As escrow agent for funds placed in escrow pursuant to an agreement under subsection (a), the Secretary may—
(1) invest the escrowed funds in obligations of the Federal Government or obligations which are insured or guaranteed by the Federal Government;
(2) retain in the escrow account interest or other earnings on such investments;
(3) disburse the funds pursuant to the escrow agreement; and
(4) return undisbursed funds to the institution.
(c)
(1) If the Secretary enters into an escrow agreement under this section, the Secretary may enter into an agreement to procure medical equipment if one-half the purchase price of the equipment is available in an appropriation or fund for the expenditure or obligation.
(2) Funds held in an escrow account under this section shall not be considered to be public funds.
(Added Pub. L. 102–405, title I, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1974.)
38 U.S.C. § 8164 (VETERANS’ BENEFITS)
§ 8164. Authority for disposition of leased property
(a) If, during the term of an enhanced-use lease or within 30 days after the end of the term of the lease, the Secretary determines that the leased property is no longer needed by the Department, the Secretary may initiate action for the transfer to the lessee 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 determines that the disposition under this section rather than under section 8118 or 8122 of this title is in the best interests of the Department.
(b) A disposition under this section may be made in return for cash at fair value 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.
(c) Not less than 45 days before a disposition of property is made under this section, the Secretary shall notify the congressional veterans’ affairs committees of the Secretary’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.
(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.)
heading: Amendments
text: 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”.
38 U.S.C. § 8166 (VETERANS’ BENEFITS)
§ 8166. Construction standards
The construction, alteration, repair, remodeling, or improvement of a property that is the subject of an enhanced-use lease shall be carried out so as to comply with all applicable provisions of Federal, State, and local law relating to land use, building standards, permits, and inspections.
(Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 108–422, title IV, § 417, Nov. 30, 2004, 118 Stat. 2393; Pub. L. 112—154, title II, § 211(g), Aug. 6, 2012, 126 Stat. 1181.)
heading: Amendments
text: 2012—Pub. L. 112–154 amended section generally. Prior to amendment, section read as follows:
“(a) Unless the Secretary provides otherwise, the construction, alteration, repair, remodeling, or improvement of the property that is the subject of the lease shall be carried out so as to comply with all standards applicable to construction of Federal buildings. Any such construction, alteration, repair, remodeling, or improvement shall not be subject to any State or local law relating to land use, building codes, permits, or inspections unless the Secretary provides otherwise.
“(b) Unless the Secretary has provided that Federal construction standards are not applicable to a property, the Secretary shall conduct periodic inspections of any such construction, alteration, repair, remodeling, or improvement for the purpose of ensuring that the standards are met.”
2004—Subsec. (a). Pub. L. 108–422 inserted “land use,” after “relating to” in second sentence.
38 U.S.C. § 8167 (VETERANS’ BENEFITS)
§ 8167. Exemption from State and local taxes
(a) Improvements and Operations Not Exempted.—
The improvements and operations on land leased by a person with an enhanced-use lease from the Secretary shall be subject to all applicable provisions of Federal, State, or local law relating to taxation, fees, and assessments.
(b) Underlying Fee Title Interest Exempted.—
The underlying fee title interest of the United States in any land subject to an enhanced-use lease shall not be subject, directly or indirectly, to any provision of State or local law relating to taxation, fees, or assessments.
(Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 112—154, title II, § 211(h), Aug. 6, 2012, 126 Stat. 1181.)
heading: Amendments
text: 2012—Pub. L. 112–154 amended section generally. Prior to amendment, section read as follows: “The interest of the United States in any property subject to an enhanced-use lease and any use by the United States of such property during such lease shall not be subject, directly or indirectly, to any State or local law relative to taxation, fees, assessments, or special assessments, except sales taxes charged in connection with any construction, alteration, repair, remodeling, or improvement project carried out under the lease.”
38 U.S.C. § 8168 (VETERANS’ BENEFITS)
§ 8168. Annual reports
(a) Report on Administration of Leases.—
Not later than 120 days after the date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 and not less frequently than once each year thereafter, the Secretary shall submit to Congress a report identifying the actions taken by the Secretary to implement and administer enhanced-use leases.
(b) Report on Lease Consideration.—
Each year, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, the Secretary shall submit to Congress a detailed report of the consideration received by the Secretary for each enhanced-use lease under this subchapter, along with an overview of how the Secretary is utilizing such consideration to support veterans.
(Added Pub. L. 112—154, title II, § 211(i)(1), Aug. 6, 2012, 126 Stat. 1181.)
heading: References in Text
text: The date of the enactment of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, referred to in subsec. (a), is the date of enactment of Pub. L. 112–154, which was approved Aug. 6, 2012.
heading: Prior Provisions
text: A prior section 8168, added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 421, limited number of enhanced-use leases that could be entered into under this subchapter, prior to repeal by Pub. L. 105–114, title II, § 205(b)(1), Nov. 21, 1997, 111 Stat. 2288.
heading: Elements of Initial Report
text: Pub. L. 112—154, title II, § 211(i)(2), Aug. 6, 2012, 126 Stat. 1182, provided that:
“The first report submitted by the Secretary under section 8168(a) of title 38, United States Code, as added by paragraph (1), shall include a summary of those measures the Secretary is taking to address the following recommendations from the February 9, 2012, audit report of the Department of Veterans Affairs Office of Inspector General on enhanced-use leases under subchapter V of chapter 81 of title 38, United States Code:
“(A) Improve standards to ensure complete lease agreements are negotiated in line with strategic goals of the Department of Veterans Affairs.
“(B) Institute improved policies and procedures to govern activities such as monitoring enhanced-use lease projects and calculating, classifying, and reporting on enhanced-use lease benefits and expenses.
“(C) Recalculate and update enhanced-use lease expenses and benefits reported in the most recent Enhanced-Use Lease Consideration Report of the Department.
“(D) Establish improved oversight mechanisms to ensure major enhanced-use lease project decisions are documented and maintained in accordance with policy.
“(E) Establish improved criteria to measure timeliness and performance in enhanced-use lease project development and execution.
“(F) Establish improved criteria and guidelines for assessing projects to determine whether they are or remain viable candidates for enhanced-use leases.”
38 U.S.C. § 8169 (VETERANS’ BENEFITS)
§ 8169. Expiration
The authority of the Secretary to enter into enhanced-use leases under this subchapter expires on December 31, 2023.
(Added Pub. L. 102–86, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 103–452, title I, § 103(d), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104–110, title I, § 101(k), Feb. 13, 1996, 110 Stat. 769; Pub. L. 105–114, title II, § 205(a), Nov. 21, 1997, 111 Stat. 2288; Pub. L. 106–117, title II, § 208(e), Nov. 30, 1999, 113 Stat. 1568; Pub. L. 112—154, title II, § 211(j), Aug. 6, 2012, 126 Stat. 1182.)
heading: Amendments
text: 2012—Pub. L. 112–154 substituted “December 31, 2023” for “December 31, 2011”.
1999—Pub. L. 106–117 substituted “December 31, 2011” for “December 31, 2001”.
1997—Pub. L. 105–114 substituted “December 31, 2001” for “December 31, 1997”.
1996—Pub. L. 104–110 substituted “December 31, 1997” for “December 31, 1995”.
1994—Pub. L. 103–452 substituted “December 31, 1995” for “December 31, 1994”.
heading: Ratification of Actions During Period of Expired Authority
text: Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104–110, set out as a note under section 1710 of this title.
38 U.S.C. § 8211 (VETERANS’ BENEFITS)
§ 8211. Declaration of purpose
The purpose of this subchapter is to authorize the Secretary to implement a pilot program under which the Secretary may provide assistance in the establishment of new State medical schools at colleges or universities which are primarily supported by the States in which they are located if such schools are located in proximity to, and operated in conjunction with, Department medical facilities.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1102, § 5071; amended Pub. L. 94–581, title II, § 210(f)(2), Oct. 21, 1976, 90 Stat. 2865; renumbered § 8211, Pub. L. 102–40, title IV, § 402(b)(2)(B), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5071 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places and substituted “Department” for “Veterans’ Administration”.
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. § 8212 (VETERANS’ BENEFITS)
§ 8212. Authorization of appropriations
(a) There is authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1973, and a like sum for each of the six succeeding fiscal years. Sums appropriated pursuant to this section shall be used for making grants pursuant to section 8213 of this title.
(b) Sums appropriated pursuant to subsection (a) of this section shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1102, § 5072; renumbered § 8212 and amended Pub. L. 102–40, title IV, § 402(b)(2)(B), (d)(1), May 7, 1991, 105 Stat. 239.)
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(2)(B), renumbered section 5072 of this title as this section.
Subsec. (a). Pub. L. 102–40, § 402(d)(1), substituted “8213” for “5073”.
38 U.S.C. § 8214 (VETERANS’ BENEFITS)
§ 8214. Limitations
The Secretary may not use the authority under this subchapter to assist in the establishment of more than eight new medical schools. Such schools shall be located in geographically dispersed areas of the United States.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1104, § 5074; renumbered § 8214, Pub. L. 102–40, title IV, § 402(b)(2)(B), May 7, 1991, 105 Stat. 239; amended 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 5074 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
38 U.S.C. § 8221 (VETERANS’ BENEFITS)
§ 8221. Declaration of purpose
The purpose of this subchapter is to authorize the Secretary to carry out a program of grants to medical schools which have maintained affiliations with the Department in order to assist such schools to expand and improve their training capacities and to cooperate with institutions of the types assisted under subchapter III of this chapter in carrying out the purposes of such subchapter.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1104, § 5081; renumbered § 8221, Pub. L. 102–40, title IV, § 402(b)(2)(C), May 7, 1991, 105 Stat. 239; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5081 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department” for “Veterans’ Administration”.
38 U.S.C. § 8222 (VETERANS’ BENEFITS)
§ 8222. Authorization of appropriations
(a) There is authorized to be appropriated for carrying out programs authorized under this chapter $50,000,000 for the fiscal year ending June 30, 1973; a like sum for each of the six succeeding fiscal years; $15,000,000 for the fiscal year ending September 30, 1980; $25,000,000 for the fiscal year ending September 30, 1981; and $30,000,000 for the fiscal year ending September 30, 1982.
(b) Sums appropriated pursuant to subsection (a) of this section shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated.
(c) There is authorized to be appropriated for fiscal year 1979 to carry out the programs authorized under this chapter such sums as may be necessary (1) to make to institutions with which the Secretary has entered into agreements under subchapter I of this chapter supplemental grants for which the Secretary had, before May 1, 1978, approved applications from such institutions, and (2) to meet fully the commitments made by the Secretary before May 1, 1978, for grants and applications approved under authority of this subchapter and subchapters III and IV of this chapter, except that no funds appropriated under this subsection may be used for grants and applications approved under this subchapter and such subchapters III and IV until the full amounts for which applications had been so approved have been obligated under such subchapter I.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1104, § 5082; amended Pub. L. 95–520, § 7, Oct. 26, 1978, 92 Stat. 1822; Pub. L. 96–151, title I, § 103(b)(1), Dec. 20, 1979, 93 Stat. 1093; renumbered § 8222, Pub. L. 102–40, title IV, § 402(b)(2)(C), May 7, 1991, 105 Stat. 239; 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 5082 of this title as this section.
Subsec. (c). Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.
1979—Subsec. (a). Pub. L. 96–151 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1980 through Sept. 30, 1982.
1978—Subsec. (c). Pub. L. 95–520 added subsec. (c).
38 U.S.C. § 8231 (VETERANS’ BENEFITS)
§ 8231. Declaration of purpose
The purpose of this subchapter is to authorize the Secretary to carry out a program of grants to provide assistance in the establishment of cooperative arrangements among universities, colleges, junior colleges, community colleges, schools of allied health professions, State and local systems of education, hospitals, and other nonprofit health manpower institutions affiliated with the Department, designed to coordinate, improve, and expand the training of professional and technical allied health and paramedical personnel, and to assist in developing and evaluating new health careers, interdisciplinary approaches and career advancement opportunities, so as to improve and expand allied and other health manpower utilization.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1105, § 5091; renumbered § 8231, Pub. L. 102–40, title IV, § 402(b)(2)(D), May 7, 1991, 105 Stat. 239; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5091 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department” for “Veterans’ Administration”.
38 U.S.C. § 8232 (VETERANS’ BENEFITS)
§ 8232. Definition
For the purpose of this subchapter, the term “eligible institution” means any nonprofit educational facility or other public or nonprofit institution, including universities, colleges, junior colleges, community colleges, schools of allied health professions, State and local systems of education, hospitals, and other nonprofit health manpower institutions for the training or education of allied health or other health personnel affiliated with the Department for the conduct of or the providing of guidance for education and training programs for health manpower.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1105, § 5092; renumbered § 8232, Pub. L. 102–40, title IV, § 402(b)(2)(D), May 7, 1991, 105 Stat. 239; amended Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5092 of this title as this section.
Pub. L. 102–83 substituted “Department” for “Veterans’ Administration”.
38 U.S.C. § 8241 (VETERANS’ BENEFITS)
§ 8241. Expenditures to remodel and make special allocations to Department hospitals for health manpower education and training
Out of funds appropriated to the Department pursuant to the authorization in section 8222 of this title, the Secretary may expend such sums as the Secretary deems necessary, not to exceed 30 per centum thereof, for (1) the necessary extension, expansion, alteration, improvement, remodeling, or repair of Department buildings and structures (including provision of initial equipment, replacement of obsolete or worn-out equipment, and, where necessary, addition of classrooms, lecture facilities, laboratories, and other teaching facilities) to the extent necessary to make them suitable for use for health manpower education and training in order to carry out the purpose set forth in section 7302, and (2) special allocations to Department hospitals and other medical facilities for the development or initiation of improved methods of education and training which may include the development or initiation of plans which reduce the period of required education and training for health personnel but which do not adversely affect the quality of such education or training.
(Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1106, § 5096; amended Pub. L. 94–581, title II, § 210(f)(6), Oct. 21, 1976, 90 Stat. 2866; renumbered § 8241 and amended Pub. L. 102–40, title IV, §§ 402(b)(2)(E), (d)(1), 403(b)(7), May 7, 1991, 105 Stat. 239, 240; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(2)(E), renumbered section 5096 of this title as this section.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in section catchline and wherever appearing in text.
Pub. L. 102–40, § 403(b)(7), substituted “7302” for “4101(b)”.
Pub. L. 102–40, § 402(d)(1), substituted “8222” for “5082”.
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. § 8301 (VETERANS’ BENEFITS)
§ 8301. Authority to accept gifts, devises, and bequests
The Secretary may accept devises, bequests, and gifts, made in any manner, with respect to which the testator or donor shall have indicated the intention that such property shall be for the benefit of groups of persons formerly in the active military, naval, or air service who by virtue of such service alone, or disability suffered therein or therefrom, are or shall be patients or members of any one or more hospitals or homes operated by the United States Government, or has indicated the intention that such property shall be for the benefit of any such hospital or home, or shall be paid or delivered to any official, as such, or any agency in administrative control thereof. The Secretary may also accept, for use in carrying out all laws administered by the Secretary, gifts, devises, and bequests which will enhance the Secretary’s ability to provide services or benefits.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5101; Pub. L. 99–576, title VII, § 701(89), Oct. 28, 1986, 100 Stat. 3299; renumbered § 8301, 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; Pub. L. 102–86, title V, § 504, Aug. 14, 1991, 105 Stat. 426.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5101 of this title as this section.
Pub. L. 102–86 inserted at end “The Secretary may also accept, for use in carrying out all laws administered by the Secretary, gifts, devises, and bequests which will enhance the Secretary’s ability to provide services or benefits.”
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
1986—Pub. L. 99–576 substituted “the” for “his” before “intention” in two places.