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38 U.S.C. § 7805 (VETERANS’ BENEFITS)
§ 7805. Revolving fund
The revolving fund shall be deposited in a checking account with the Treasury of the United States. Such amounts thereof as the Secretary may determine to be necessary to establish and maintain operating accounts for the various canteens may be deposited in checking accounts or other interest-bearing accounts in other depositaries selected by the Secretary.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4205; Pub. L. 100–322, title IV, § 414(a)(1), May 20, 1988, 102 Stat. 549; renumbered § 7805 and amended Pub. L. 102–40, title IV, § 402(a), (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: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4205 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places.
1988—Pub. L. 100–322 inserted “or other interest-bearing accounts” after “checking accounts”.
38 U.S.C. § 7806 (VETERANS’ BENEFITS)
§ 7806. Budget of Service
The Service shall prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31, which shall contain an estimate of the needs of the Service for the ensuing fiscal year including an estimate of the amount required to restore any impairment of the revolving fund resulting from operations of the current fiscal year.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4206; Pub. L. 97–258, § 3(k)(8), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 100–322, title IV, § 414(a)(2), May 20, 1988, 102 Stat. 549; renumbered § 7806 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4206 of this title as this section.
1988—Pub. L. 100–322 struck out at end “Any balance in the revolving fund at the close of the fiscal year in excess of the estimated requirements for the ensuing fiscal year shall be covered into the Treasury as miscellaneous receipts.”
1982—Pub. L. 97–258 substituted “corporations by chapter 91 of title 31,” for “corporations by sections 841–869 of title 31,”.
38 U.S.C. § 7807 (VETERANS’ BENEFITS)
§ 7807. Audit of accounts
The Service shall maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of chapter 35 of title 31.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4207; Pub. L. 93–604, title VII, § 704, Jan. 2, 1975, 88 Stat. 1964; Pub. L. 97–295, § 4(89), Oct. 12, 1982, 96 Stat. 1312; Pub. L. 97–452, § 2(e)(3), Jan. 12, 1983, 96 Stat. 2479; renumbered § 7807 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4207 of this title as this section.
1983—Pub. L. 97–452 substituted “chapter 35 of title 31” for “section 3523 of title 31”.
1982—Pub. L. 97–295 substituted “section 3523 of title 31” for “the Accounting and Auditing Act of 1950”.
1975—Pub. L. 93–604 substituted provisions that the Service maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of the Accounting and Auditing Act of 1950 for provisions that the Service maintain an integral set of accounts which shall be audited annually by the General Accounting Office in accordance with the principles and procedures applicable to commercial transactions as provided by sections 841–869 of Title 31 and that no other audit shall be required.
38 U.S.C. § 7808 (VETERANS’ BENEFITS)
§ 7808. Service to be independent unit
It is the purpose of this chapter that, under control and supervision of the Secretary, the Service shall function as an independent unit in the Department and shall have exclusive control over all its activities including sales, procurement and supply, finance, including disbursements, and personnel management, except as otherwise provided in this chapter.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4208; Pub. L. 97–295, § 4(90), Oct. 12, 1982, 96 Stat. 1312; renumbered § 7808 and amended Pub. L. 102–40, title IV, § 402(a), (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.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4208 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” and “Department” for “Veterans’ Administration”.
1982—Pub. L. 97–295 substituted “provided in this chapter” for “herein provided”.
38 U.S.C. § 7810 (VETERANS’ BENEFITS)
§ 7810. Exemption from personnel ceilings
Persons who are employed by the Service and compensated from the revolving fund established by section 7804 of this title may not be considered to be employees of the Department for the purposes of any personnel ceiling which may otherwise be applied to employees of the Department by the President or an official of the executive branch.
(Added Pub. L. 100–322, title IV, § 414(b)(1), May 20, 1988, 102 Stat. 549, § 4210; renumbered § 7810 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(a), (b)(1), renumbered section 4210 of this title as this section.
Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in two places.
Pub. L. 102–40, § 402(d)(1), substituted “7804” for “4204”.
38 U.S.C. § 7904 (VETERANS’ BENEFITS)
§ 7904. Preferences in awarding financial assistance
In awarding financial assistance under this chapter, the Secretary shall give a preference to qualified individuals who are otherwise eligible to receive the financial assistance in the following order of priority:
(1) Veterans with service-connected disabilities.
(2) Veterans.
(3) Persons described in section 4215(a)(1)(B) of this title.
(4) Individuals who received or are pursuing degrees at institutions designated by the National Security Agency as Centers of Academic Excellence in Cyber Education.
(5) Citizens of the United States.
(Added Pub. L. 109–461, title IX, § 903(a)(1), Dec. 22, 2006, 120 Stat. 3463; amended Pub. L. 115–91, div. A, title XVI, § 1649(d)(4), Dec. 12, 2017, 131 Stat. 1753.)
heading: Editorial Notes
heading: Amendments
text: 2017—Par. (4). Pub. L. 115–91 substituted “Cyber” for “Information Assurance”.
38 U.S.C. § 8102 (VETERANS’ BENEFITS)
§ 8102. Acquisition of medical facilities
(a) The Secretary shall provide medical facilities for veterans entitled to hospital, nursing home, or domiciliary care or medical services under this title.
(b) No medical facility may be constructed or otherwise acquired or altered except in accordance with the provisions of this subchapter.
(c) In carrying out this subchapter, the Secretary—
(1) shall provide for the construction and acquisition of medical facilities in a manner that results in the equitable distribution of such facilities throughout the United States, taking into consideration the comparative urgency of the need for the services to be provided in the case of each particular facility; and
(2) shall give due consideration to excellence of architecture and design.
(d) In considering the need for any project for the construction, alteration, or acquisition (other than by exchange) of a medical facility which is expected to involve a total expenditure of more than $2,000,000, the Secretary shall give consideration to the sharing of health-care resources with the Department of Defense under section 8111 of this title as an alternative to all or part of such project.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 55, § 5002; amended Pub. L. 99–576, title II, § 221(a), Oct. 28, 1986, 100 Stat. 3259; renumbered § 8102 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(f)(2), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5002 of this title as this section.
Subsecs. (a), (c). Pub. L. 102–83 substituted “Secretary” for “Administrator”.
Subsec. (d). Pub. L. 102–83 substituted “Secretary” for “Administrator”.
Pub. L. 102–54 amended subsec. (d) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “section 5011” for “section 5001”.
Pub. L. 102–40, § 402(d)(1), amended subsec. (d), as amended by Pub. L. 102–54, by substituting “8111” for “5011”. See above.
1986—Subsec. (d). Pub. L. 99–576 added subsec. (d).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8106 (VETERANS’ BENEFITS)
§ 8106. Construction contracts
(a) The Secretary may carry out any construction or alteration authorized under this subchapter by contract if the Secretary considers it to be advantageous to the United States to do so.
(b)
(1) The Secretary may obtain, by contract or otherwise, the services of individuals who are architects or engineers and of architectural and engineering corporations and firms, to the extent that the Secretary may require such services for any medical facility authorized to be constructed or altered under this subchapter.
(2) No corporation, firm, or individual may be employed under the authority of paragraph (1) of this subsection on a permanent basis.
(c) Notwithstanding any other provision of this section, the Secretary shall be responsible for all construction authorized under this subchapter, including the interpretation of construction contracts, the approval of materials and workmanship supplied pursuant to a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5006; renumbered § 8106, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5006 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8108 (VETERANS’ BENEFITS)
§ 8108. Contributions to local authorities
The Secretary may make contributions to local authorities toward, or for, the construction of traffic controls, road improvements, or other devices adjacent to a medical facility if considered necessary for safe ingress or egress.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5008; renumbered § 8108, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those comprising this section were contained in former section 5001(g) of this title prior to the general revision of this subchapter by Pub. L. 96–22.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5008 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8112 (VETERANS’ BENEFITS)
§ 8112. Partial relinquishment of legislative jurisdiction
The Secretary, on behalf of the United States, may relinquish to the State in which any lands or interests therein under the supervision or control of the Secretary are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of legislative jurisdiction shall be initiated by filing a notice thereof with the Governor of the State concerned, or in such other manner as may be prescribed by the laws of such State, and shall take effect upon acceptance by such State.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 60, § 5012; renumbered § 8112, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those comprising this section were contained in former section 5007 of this title prior to the general revision of this subchapter by Pub. L. 96–22.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5012 of this title as this section.
Pub. L. 102–83 substituted “Secretary” for “Administrator” in two places.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8113 (VETERANS’ BENEFITS)
§ 8113. Property formerly owned by National Home for Disabled Volunteer Soldiers
If by reason of any defeasance or conditional clause or clauses contained in any deed of conveyance of property to the National Home for Disabled Volunteer Soldiers, which property is owned by the United States, the full and complete enjoyment and use of such property is threatened, the Attorney General, upon request of the President, shall institute in the United States district court for the district in which the property is located such proceedings as may be proper to extinguish all outstanding adverse interests. The Attorney General may procure and accept, on behalf of the United States, by gift, purchase, cession, or otherwise, absolute title to, and complete jurisdiction over, all such property.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5013; renumbered § 8113, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those comprising this section were contained in former section 5006 of this title prior to the general revision of this subchapter by Pub. L. 96–22.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5013 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8114 (VETERANS’ BENEFITS)
§ 8114. Use of federally owned facilities; use of personnel
(a) The Secretary, subject to the approval of the President, may use as medical facilities such suitable buildings, structures, and grounds owned by the United States on March 3, 1925, as may be available for such purposes, and the President may by Executive order transfer any such buildings, structures, and grounds to the control and jurisdiction of the Department upon the request of the Secretary.
(b) The President may require the architectural, engineering, constructing, or other forces of any of the departments of the Government to do or assist in the construction and alteration of medical facilities, and the President may employ for such purposes individuals and agencies not connected with the Government, if in the opinion of the President such is desirable, at such compensation as the President may consider reasonable.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5014; renumbered § 8114, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those comprising this section were contained in section 5001(e) of this title prior to the general revision of this subchapter by Pub. L. 96–22.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5014 of this title as this section.
Subsec. (a). 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8115 (VETERANS’ BENEFITS)
§ 8115. Acceptance of certain property
The President may accept from any State or other political subdivision, or from any person, any building, structure, equipment, or grounds suitable for the care of disabled persons, with due regard to fire or other hazards, state of repair, and all other pertinent considerations. The President may designate which agency of the Federal Government shall have the control and management of any property so accepted.
(Added Pub. L. 96–22, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5015; renumbered § 8115, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
heading: Editorial Notes
heading: Prior Provisions
text: Provisions similar to those comprising this section were contained in former section 5005 of this title prior to the general revision of this subchapter by Pub. L. 96–22.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 5015 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Oct. 1, 1979, but not applicable with respect to the acquisition, construction, or alteration of any medical facilities if the acquisition, construction, or alteration (not including exchange) was approved by the President before Oct. 1, 1979, see section 302 of Pub. L. 96–22, set out as a note under section 8101 of this title.
38 U.S.C. § 8116 (VETERANS’ BENEFITS)
§ 8116. Nursing home revolving fund
(a)
(1) Amounts realized from a transfer pursuant to section 8122(a)(2)(C) 1 of this title shall be administered as a revolving fund and shall be available without fiscal year limitation.
(2) The revolving fund shall be deposited in a checking account with the Treasurer of the United States.
(b)
(1) The expenditure of funds from the revolving fund may be made only for the construction, alteration, and acquisition (including site acquisition) of nursing home facilities and may be made only as provided for in appropriation Acts.
(2) For the purpose of section 8104(a)(2) of this title, a bill, resolution, or amendment which provides that funds in the revolving fund may be expended for a project involving a total expenditure of more than $2,000,000 for the construction, alteration, or acquisition (including site acquisition) of a nursing home facility shall be considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical facility project.
(Added Pub. L. 100–322, title II, § 205(a), May 20, 1988, 102 Stat. 512, § 5016; renumbered § 8116 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
heading: Repeal of Section
text: Pub. L. 108–422, title IV, § 411(c)(1),(f), Nov. 30, 2004, 118 Stat. 2389, 2390, provided that this section is repealed effective at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with section 1710B(b) of this title.
heading: Editorial Notes
heading: References in Text
text: Section 8122(a)(2) of this title, referred to in subsec. (a)(1), was amended generally by Pub. L. 108–422, title IV, § 411(e)(1), Nov. 30, 2004, 118 Stat. 2389, and, as so amended, no longer contains a subpar. (C).
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5016 of this title as this section.
Pub. L. 102–40, § 402(d)(1), substituted “8122(a)(2)(C)” for “5022(a)(2)(C)” in subsec. (a)(1) and “8104(a)(2)” for “5004(a)(2)” in subsec. (b)(2).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with section 1710B(b) of this title, see section 411(f) of Pub. L. 108–422, set out as an Effective Date of 2004 Amendment note under section 1710B of this title.
heading: Transfer of Nursing Home Revolving Fund Balances and Receipts
text: For provisions relating to the transfer of balances and receipts from the Nursing Home Revolving Fund to the “Medical services” account, see section 115 of Pub. L. 108–447, set out as a note under section 1729a of this title.