§8201 — Title 38 Veterans' Benefits | U.S. Code

Summary

Require the Secretary and the Secretary of Health and Human Services to work together as much as possible so programs under this chapter line up with programs under titles VII, VIII, and IX of the Public Health Service Act. The Secretary may not make any new agreements under subchapter I after September 30, 1979. After talking with the special medical advisory committee, the Secretary must write rules about how to make agreements and grants under this chapter. Grant payments can be made in pieces, either paid up front or as reimbursement, and can be adjusted for overpayments or underpayments. Allow the Department to lease land, buildings, and equipment to eligible institutions for terms the Secretary decides, for up to 50 years (the usual three-year lease limit does not apply). These leases can include requirements that the lessee keep up or restore the property as part of the deal and may be made without following some usual federal leasing rules. When giving grants, the Secretary should favor institutions that promise to give priority in health training programs to qualified veterans with medical military job skills, especially Vietnam-era vets and those with service-connected disabilities. Recipients must keep records showing how funds were spent and the full project cost, and the Secretary and the Comptroller General may inspect those records for audits.

Title 38, §8201

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(a)The Secretary and the Secretary of Health and Human Services shall, to the maximum extent practicable, coordinate the programs carried out under this chapter and the programs carried out under titles VII, VIII, and IX of the Public Health Service Act (42 U.S.C. 292 et seq.).

(b)The Secretary may not enter into any agreement under subchapter I of this chapter after September 30, 1979.

(c)The Secretary, after consultation with the special medical advisory committee established pursuant to section 7312(a) of this title, shall prescribe regulations covering the terms and conditions for entering into agreements and making grants under this chapter.

(d)Payments made pursuant to grants under this chapter may be made in installments, and either in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine.

(e)In carrying out the purposes of this chapter, the Secretary may lease to any eligible institution for such consideration and under such terms and conditions as the Secretary deems appropriate, such land, buildings, and structures (including equipment therein) under the control and jurisdiction of the Department as may be necessary. The three-year limitation on the term of a lease prescribed in section 8122(a) of this title shall not apply with respect to any lease entered into pursuant to this chapter, but no such lease may be for a period of more than 50 years. Any lease entered into pursuant to this chapter may be entered into without regard to the provisions of section 6101(b) to (d) of title 41. Notwithstanding section 1302 of title 40, or any other provision of law, a lease entered into pursuant to this chapter may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration of the lease.

(f)In making grants under this chapter, the Secretary shall give special consideration to applications from institutions which provide reasonable assurances, which shall be included in the grant agreement, that priority for admission to health manpower and training programs carried out by such institutions will be given to otherwise qualified veterans who during their military service acquired medical military occupation specialties, and that among such qualified veterans those who served during the Vietnam era and those who are entitled to disability compensation under laws administered by the Secretary or whose discharge or release was for a disability incurred or aggravated in line of duty will be given the highest priority. In carrying out this chapter and section 7302 of this title in connection with health manpower and training programs assisted or conducted under this title or in affiliation with a Department medical facility, the Secretary shall take appropriate steps to encourage the institutions involved to afford the priorities described in the first sentence of this subsection and to advise all qualified veterans with such medical military occupation specialties of the steps the Secretary has taken under this subsection and the opportunities available to them as a result of such steps.

(g)(1)Each recipient of assistance under this chapter shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is made or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit.

(2)The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any assistance under this chapter which are pertinent to such assistance.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Public Health Service Act, referred to in subsec. (a), is act

July 1, 1944, ch. 373, 58 Stat. 682. Title VII of the Public Health Service Act was added by act

July 30, 1956, ch. 779, § 2, 70 Stat. 717, and is classified generally to subchapter V (§ 292 et seq.) of chapter 6A of Title 42, The Public Health and Welfare; Title VIII of the Public Health Service Act was added by act Sept. 4, 1964, Pub. L. 88–581, § 2, 78 Stat. 908, and is classified generally to subchapter VI (§ 296 et seq.) of chapter 6A of Title 42; Title IX of the Public Health Service Act, which was added by act Oct. 6, 1965, Pub. L. 89–239, § 2, 79 Stat. 926, was classified generally to subchapter VII (§ 299 et seq.) of chapter 6A of Title 42, and was repealed by Pub. L. 99–117, § 12(d), Oct. 7, 1985, 99 Stat. 495. For complete classification of this Act to the Code, see

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note set out under section 201 of Title 42 and Tables.

Amendments

2011—Subsec. (e). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”. 2002—Subsec. (e). Pub. L. 107–217 substituted “section 1302 of title 40” for “section 321 of the Act of

June 30, 1932 (40 U.S.C. 303b)”. 2000—Subsec. (h). Pub. L. 106–419 struck out subsec. (h) which read as follows: “Not later than ninety days after the end of each fiscal year, the Secretary shall submit to the Congress a report on activities carried out under this chapter, including (1) an appraisal of the effectiveness of the programs authorized herein in carrying out their statutory purposes and the degree of cooperation from other sources, financial and otherwise, (2) an appraisal of the contributions of such programs in improving the quantity and quality of physicians and other health care personnel furnishing hospital care and medical services to veterans under this title, (3) a list of the approved but unfunded projects under this chapter and the funds needed for each such project, and (4) recommendations for the improvement or more effective administration of such programs, including any necessary legislation.” 1994—Subsec. (c). Pub. L. 103–446 substituted “section 7312(a)” for “section 4112(a)”. 1991—Pub. L. 102–40, § 402(b)(2)(A), renumbered section 5070 of this title as this section. Subsecs. (a) to (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (e). 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”. Pub. L. 102–54 amended subsec. (e) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “5022(a)” for “5012(a)”. Pub. L. 102–40, § 402(d)(1), amended subsec. (e) as amended by Pub. L. 102–54 by substituting “8122(a)” for “5022(a)”. See above. Subsec. (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Pub. L. 102–40, § 403(b)(6), substituted “7302” for “4101(b)”. Subsecs. (g), (h). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. 1982—Subsec. (a). Pub. L. 97–295, § 4(94)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”, struck out “section 309 and” after “carried out under”, and inserted “(42 U.S.C. 292 et seq.)” after “the Public Health Service Act”. Subsec. (e). Pub. L. 97–295, § 4(94)(B), substituted “(including equipment therein)” for “including equipment therein)” and substituted “of” for “entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending

June 30, 1933, and for other purposes,’ approved” after “section 321 of the Act”. 1980—Subsec. (e). Pub. L. 96–330 inserted “, but no such lease may be for a period of more than 50 years” after “with respect to any lease entered into pursuant to this chapter”. 1979—Subsec. (b). Pub. L. 96–151 substituted provisions prohibiting the Administrator from entering into any agreement under subchapter I after Sept. 30, 1979, for provisions prohibiting the Administrator from entering into any agreement under subchapter I or to make any grant, etc., under subchapter II or III after end of seventh calendar year after the calendar year in which this chapter takes effect. 1976—Subsec. (e). Pub. L. 94–581, § 116(1), added subsec. (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 94–581, §§ 116(1), 210(f)(1), redesignated former subsec. (e) as (f) and substituted “steps the Administrator has taken” for “steps he has taken”. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 94–581, § 116(1), redesignated former subsec. (f) as (g). Subsec. (h). Pub. L. 94–581, § 116(2), added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment 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.

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For

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of Pub. L. 92–541, Oct. 24, 1972, 86 Stat. 1101, which enacted this chapter, see

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of 1972

Amendments

note set out under section 101 of this title. Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§8201 Coordination with public health programs; administration

Summary

Title 38, §8201

Notes & Related Subsidiaries

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References in Text

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Effective Date

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