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Title 38 — Veterans' BenefitsRelease 119-73not60

§8303 Restricted Gifts

Title 38 › Part VI— ACQUISITION AND DISPOSITION OF PROPERTY › Chapter 83— ACCEPTANCE OF GIFTS AND BEQUESTS › § 8303

Last updated Apr 5, 2026|Official source

Summary

The Secretary must make payments from the General Post Fund following the rules in section 8523. If a will or donor says the gift must be used for a specific allowed purpose, the Secretary will use the gift (after expenses) that way. A nonbinding wish will be followed only if practical. If the gift is meant to help people in U.S. hospitals, homes, or similar institutions run by another official, the Secretary will transfer or use the funds to benefit those people and follow the donor’s wish as nearly as possible.

Full Legal Text

Title 38, §8303

Veterans' Benefits — Source: USLM XML via OLRC

Disbursements from the General Post Fund shall be made on orders by and within the discretion of the Secretary and in the manner prescribed in section 8523 of this title; except that (1) if the testator or donor has directed or shall direct that the devise, bequest, or gift be devoted to a particular use authorized by this chapter, the same, less expenses incurred, or the net proceeds thereof, shall be used or disbursed as directed, except that a precatory direction shall be fulfilled only insofar as may be proper or practicable; and (2) if the testator or donor shall have indicated the desire that the devise, bequest, or gift shall be for the benefit of persons in hospitals or homes, or other institutions operated by the United States but under the jurisdiction of an official other than the Secretary, the same, less expenses incurred, or the net proceeds thereof which may come into possession of the Secretary, shall be disbursed by transfer to the governing authorities of such institution, or otherwise, in such manner as the Secretary may determine, for the benefit of the persons in the institution indicated by the testator or donor, for proper purposes, as nearly as practicable in conformity with such desire of the testator or donor.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5103 of this title as this section. Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 102–40, § 402(d)(1), substituted “8523” for “5223”. 1986—Pub. L. 99–576 substituted “the” for “his” in three places.

Reference

Citations & Metadata

Citation

38 U.S.C. § 8303

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60