Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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Fabio
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---
type: "LegalText"
title: "38 U.S.C. § 8101"
description: "Definitions"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "81"
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
section: "8101"
citation: "38 U.S.C. § 8101"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 38 U.S.C. § 8101 - Definitions
## Text
For the purposes of this subchapter:
(1) The term “alter”, with respect to a medical facility, means to repair, remodel, improve, or extend such medical facility.
(2) The terms “construct” and “alter”, with respect to a medical facility, include such engineering, architectural, legal, fiscal, and economic investigations and studies and such surveys, designs, plans, construction documents, specifications, procedures, and other similar actions as are necessary for the construction or alteration, as the case may be, of such medical facility and as are carried out after the completion of the advanced planning (including the development of project requirements and design development) for such facility.
(3) The term “medical facility” means any facility or part thereof which is, or will be, under the jurisdiction of the Secretary, or as otherwise authorized by law, for the provision of health-care services (including hospital, outpatient clinic, nursing home, or domiciliary care or medical services), including any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, trackage facilities leading thereto, abutting sidewalks, accommodations for attending personnel, and recreation facilities associated therewith.
(4) The term “committee” means the Committee on Veterans Affairs of the House of Representatives or the Committee on Veterans Affairs of the Senate, and the term “committees” means both such committees.
(Added Pub. L. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 55, § 5001; renumbered § 8101, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 104262, title II, § 207(a), Oct. 9, 1996, 110 Stat. 3190; Pub. L. 115182, title V, § 503(a), June 6, 2018, 132 Stat. 1476.)
## Notes
Editorial Notes
Amendments2018—Par. (3). Pub. L. 115182, which directed substitution of “Secretary, or as otherwise authorized by law, for the provision of health-care services (including hospital, outpatient clinic, nursing home,” for “Secretary for the provision of health-care services (including hospital, nursing home,” in section 8101(3), without specifying the Code title to be amended, was executed by making the substitution in par. (3) of this section, to reflect the probable intent of Congress. 1996—Par. (2). Pub. L. 104262 substituted “construction documents” for “working drawings” and “design development” for “preliminary plans”. 1991—Pub. L. 10240 renumbered section 5001 of this title as this section. Par. (3). Pub. L. 10283 substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 9622, title III, § 302, June 13, 1979, 93 Stat. 62, provided that: “(a) Except as provided in subsection (b) of this section, the amendments made by section 301 [enacting this subchapter, redesignating sections 5011 to 5014 of this title as sections 5021 to 5024 [now 8121 to 8124], respectively, and amending section 5022 [now 8122] of this title as so redesignated] shall take effect on October 1, 1979. “(b)(1) The amendments made by section 301 shall not apply with respect to the acquisition, construction, or alteration of any medical facility (as defined in section 5001(3) [now 8101(3)] of title 38, United States Code, as amended by section 301(a) of this Act) if such acquisition, construction, or alteration (not including exchange) was approved before October 1, 1979, by the President. “(2) The provisions of [former] section 5007(a) of title 38, United States Code, as amended by section 301(a) of this Act, shall take effect on the date of the enactment of this Act [June 13, 1979].”
@@ -0,0 +1,55 @@
---
type: "LegalText"
title: "38 U.S.C. § 8102"
description: "Acquisition of medical facilities"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "81"
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
section: "8102"
citation: "38 U.S.C. § 8102"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 38 U.S.C. § 8102 - Acquisition of medical facilities
## Text
(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. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 55, § 5002; amended Pub. L. 99576, title II, § 221(a), Oct. 28, 1986, 100 Stat. 3259; renumbered § 8102 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10254, § 14(f)(2), June 13, 1991, 105 Stat. 287; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10240, § 402(b)(1), renumbered section 5002 of this title as this section. Subsecs. (a), (c). Pub. L. 10283 substituted “Secretary” for “Administrator”. Subsec. (d). Pub. L. 10283 substituted “Secretary” for “Administrator”. Pub. L. 10254 amended subsec. (d) as in effect immediately before the enactment of Pub. L. 10240 by substituting “section 5011” for “section 5001”. Pub. L. 10240, § 402(d)(1), amended subsec. (d), as amended by Pub. L. 10254, by substituting “8111” for “5011”. See above. 1986—Subsec. (d). Pub. L. 99576 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
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---
type: "LegalText"
title: "38 U.S.C. § 8105"
description: "Structural requirements"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "81"
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
section: "8105"
citation: "38 U.S.C. § 8105"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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---
# 38 U.S.C. § 8105 - Structural requirements
## Text
(a) Each medical facility (including each nursing home facility for which the Secretary contracts under section 1720 of this title and each State home facility constructed or altered under subchapter III of this chapter) shall be of fire, earthquake, and other natural disaster resistant construction in accordance with standards which the Secretary shall prescribe on a State or regional basis after surveying appropriate State and local laws, ordinances, and building codes and climatic and seismic conditions pertinent to each such facility. When an existing structure is acquired for use as a medical facility, it shall be altered to comply with such standards.
(b) (1) In order to carry out this section, the Secretary shall appoint an advisory committee to be known as the “Advisory Committee on Structural Safety of Department Facilities”, on which shall serve at least one architect and one structural engineer who are experts in structural resistance to fire, earthquake, and other natural disasters and who are not employees of the Federal Government.
(2) Such advisory committee shall advise the Secretary on all matters of structural safety in the construction and altering of medical facilities in accordance with the requirements of this section and shall review and make recommendations to the Secretary on the regulations prescribed under this section.
(3) The Associate Deputy Secretary, the Under Secretary for Health or the designee of the Under Secretary for Health, and the Department official charged with the responsibility for construction shall be ex officio members of such advisory committee.
(Added Pub. L. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 57, § 5005; amended Pub. L. 96128, title V, § 501(e), Nov. 28, 1979, 93 Stat. 987; renumbered § 8105, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984.)
## Notes
Editorial Notes
Amendments1992—Subsec. (b)(3). Pub. L. 102405 substituted “Under Secretary for Health” for “Chief Medical Director” in two places. 1991—Pub. L. 10240 renumbered section 5005 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1720” for “620”. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing. 1979—Subsec. (a). Pub. L. 96128 substituted “subchapter III of this chapter” for “section 5031 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 96128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96128, set out as a note under section 1114 of this title.
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
Termination of Advisory CommitteesAdvisory 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 for by law. See section 1013 of Title 5, Government Organization and Employees.
@@ -0,0 +1,51 @@
---
type: "LegalText"
title: "38 U.S.C. § 8106"
description: "Construction contracts"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "81"
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
section: "8106"
citation: "38 U.S.C. § 8106"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
source_identifier: "/us/usc/t38/s8106"
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tags: ["legal", "us-code"]
---
# 38 U.S.C. § 8106 - Construction contracts
## Text
(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. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5006; renumbered § 8106, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10240 renumbered section 5006 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "38 U.S.C. § 8107"
description: "Repealed. Pub. L. 111163, title V, § 501(b)(1), May 5, 2010, 124 Stat. 1157]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "81"
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
section: "8107"
citation: "38 U.S.C. § 8107"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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tags: ["legal", "us-code"]
---
# 38 U.S.C. § 8107 - Repealed. Pub. L. 111163, title V, § 501(b)(1), May 5, 2010, 124 Stat. 1157]
## Notes
Section, added Pub. L. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5007; amended Pub. L. 99166, title III, § 302(a)(c)(1), Dec. 3, 1985, 99 Stat. 955; Pub. L. 99576, title II, § 222, Oct. 28, 1986, 100 Stat. 3259; renumbered § 8107 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10254, § 14(f)(3), June 13, 1991, 105 Stat. 287; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104262, title II, § 204, Oct. 9, 1996, 110 Stat. 3188; Pub. L. 105368, title X, § 1005(b)(18), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 108170, title II, § 203, Dec. 6, 2003, 117 Stat. 2048, related to operational and construction plans for medical facilities.
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---
type: "LegalText"
title: "38 U.S.C. § 8108"
description: "Contributions to local authorities"
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corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "81"
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
section: "8108"
citation: "38 U.S.C. § 8108"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 38 U.S.C. § 8108 - Contributions to local authorities
## Text
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. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 58, § 5008; renumbered § 8108, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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. 9622.
Amendments1991—Pub. L. 10240 renumbered section 5008 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
@@ -0,0 +1,109 @@
---
type: "LegalText"
title: "38 U.S.C. § 8109"
description: "Parking facilities"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "81"
chapter_name: "ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY"
section: "8109"
citation: "38 U.S.C. § 8109"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 38 U.S.C. § 8109 - Parking facilities
## Text
(a) For the purpose of this section—
(1) The term “garage” means a structure (or part of a structure) in which vehicles may be parked.
(2) The term “parking facility” includes—
(A) a surface parking lot; and
(B) a garage.
(3) The term “eligible person” means an individual to whom the Secretary is authorized to furnish medical examination or treatment.
(b) In order to accommodate the vehicles of employees of medical facilities, vehicles used to transport veterans and eligible persons to or from such facilities for the purpose of examination or treatment, and the vehicles of visitors and other individuals having business at such facilities, the Secretary—
(1) may construct or alter parking facilities, and may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, such land or interests in land as the Secretary considers necessary for use as the site for any such construction or alteration;
(2) may acquire, by purchase, lease, condemnation, donation, exchange, or otherwise, any facility that the Secretary considers necessary for use as a parking facility;
(3) may operate and maintain parking facilities; and
(4) notwithstanding subsection (a) of section 1344 of title 31, may use a passenger carrier (as such term is defined in subsection (h)(1) of such section) to transport such an employee between a parking facility and the medical facility of the Department at which the employee works.
(c) (1) Except as provided in paragraph (2) of this subsection, each employee, visitor, and other individual having business at a medical facility for which parking fees have been established under subsection (d) or (e) of this section shall be charged the applicable parking fee for the use of a parking facility at such medical facility.
(2) A parking fee shall not be charged under this subsection for the accommodation of any vehicle used to transport to or from a medical facility—
(A) a veteran or eligible person in connection with such veteran or eligible person seeking examination or treatment; or
(B) a volunteer worker (as determined in accordance with regulations which the Secretary shall prescribe) in connection with such worker performing services for the benefit of veterans receiving care at a medical facility.
(3) The Secretary shall collect (or provide for the collection of) parking fees charged under this subsection.
(d) (1) For each medical facility where funds from the revolving fund described in subsection (h) of this section are expended for—
(A) a garage constructed or acquired by the Department at a cost exceeding $500,000 (or, in the case of acquisition by lease, $100,000 per year); or
(B) a project for the alteration of a garage at a cost exceeding $500,000,
the Secretary shall prescribe a schedule of parking fees to be charged at all parking facilities used in connection with such medical facility.
(2) The parking fee schedule prescribed for a medical facility referred to in paragraph (1) of this subsection shall be designed to establish fees which the Secretary determines are reasonable under the circumstances.
(e) The Secretary may prescribe a schedule of parking fees for the parking facilities at any medical facility not referred to in subsection (d) of this section. Any such schedule shall be designed to establish fees which the Secretary determines to be reasonable under the circumstances and shall cover all parking facilities used in connection with such medical facility.
(f) The Secretary may contract (by lease or otherwise) for the operation of parking facilities at medical facilities under such terms and conditions as the Secretary prescribes and may do so without regard to laws requiring full and open competition.
(g) Subject to subsections (h) and (i) of this section, there are authorized to be appropriated such amounts as are necessary to finance (in whole or in part) the construction, alteration, and acquisition (including site acquisition) of parking facilities at medical facilities.
(h) (1) Amounts appropriated pursuant to subsection (g) of this section and parking fees collected under subsection (c) of this section 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.
(3) (A) Except as provided in subparagraph (B) of this paragraph, no funds other than funds from the revolving fund may be expended for the construction, alteration, or acquisition (including site acquisition) of a garage at a medical facility after September 30, 1986.
(B) Subparagraph (A) of this paragraph does not apply to the use of funds for investigations and studies, surveys, designs, plans, construction documents, specifications, and similar actions not directly involved in the physical construction of a structure.
(i) (1) The expenditure of funds from the revolving fund may be made only for the construction, alteration, and acquisition (including site acquisition) of parking facilities at medical 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 (including any funds proposed in such bill, resolution, or amendment to be appropriated to the revolving fund) may be expended for a project involving a total expenditure of more than $4,000,000 for the construction, alteration, or acquisition (including site acquisition) of a parking facility or facilities at a medical facility shall be considered to be a bill, resolution, or amendment making an appropriation which may be expended for a major medical facility project.
(j) Funds in a construction account or capital account that are available for a construction project or a nonrecurring maintenance project may be used for the construction or relocation of a surface parking lot incidental to that project.
(Added Pub. L. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 59, § 5009; amended Pub. L. 99576, title II, § 223(a)(1), Oct. 28, 1986, 100 Stat. 3259; renumbered § 8109 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 10379, § 3(b), Aug. 13, 1993, 107 Stat. 771; Pub. L. 104262, title II, § 207(b), Oct. 9, 1996, 110 Stat. 3190; Pub. L. 105368, title VII, § 705, Nov. 11, 1998, 112 Stat. 3350; Pub. L. 108422, title IV, § 415, Nov. 30, 2004, 118 Stat. 2393; Pub. L. 115141, div. J, title II, § 234, Mar. 23, 2018, 132 Stat. 820.)
## Notes
Editorial Notes
Prior ProvisionsProvisions similar to those comprising this section were contained in former section 5004 of this title prior to the general revision of this subchapter by Pub. L. 9622.
Amendments2018—Subsec. (b)(4). Pub. L. 115141 added par. (4). 2004—Subsec. (j). Pub. L. 108422 added subsec. (j). 1998—Subsec. (i)(2). Pub. L. 105368 substituted “$4,000,000” for “$3,000,000”. 1996—Subsec. (h)(3)(B). Pub. L. 104262 substituted “construction documents” for “working drawings”. 1993—Subsec. (i)(2). Pub. L. 10379 substituted “$3,000,000” for “$2,000,000”. 1991—Pub. L. 10240, § 402(b)(1), renumbered section 5009 of this title as this section. Subsecs. (a) to (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (d)(1). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in concluding provisions. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in subpar. (A). Subsecs. (d)(2), (e), (f). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Subsec. (i)(2). Pub. L. 10240, § 402(d)(1), substituted “8104(a)(2)” for “5004(a)(2)”. 1986—Pub. L. 99576 amended section generally, substituting “Parking facilities” for “Garages and parking facilities” in section catchline and substituting present provisions consisting of subsecs. (a) to (i) for former provisions consisting of subsecs. (a) to (c), and generally revising and expanding section to require VA to establish and collect reasonable parking fees at all facilities where a garage is constructed or acquired or altered at a cost of more than $500,000 (or leased for more than $100,000 per year), and allowing discretionary paid parking at all other facilities.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99576, title II, § 223(b), Oct. 28, 1986, 100 Stat. 3261, provided that: “(1) Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 28, 1986]. “(2)(A) The amendments made by this section shall not abrogate the provisions of a collective bargaining agreement which, on the date of the enactment of this Act, is in effect and includes a provision which specifies a termination date for such agreement. “(B) After the date of the enactment of this Act, if a collective bargaining agreement described in subparagraph (A) is modified, extended, or renewed, such subparagraph shall no longer, as of the date of the modification, extension, or renewal, apply to such agreement. “(C) In the case of a collective bargaining agreement which on such date of enactment is in effect but has no provision which specifies a termination date, the authorities and requirements in section 5009 [now 8109] of title 38, United States Code, as amended by subsection (a)(1) of this section, to establish and collect parking fees shall take effect on January 1, 1988. “(3) Section 5009 [now 8109] of title 38, United States Code, as amended by subsection (a)(1) of this section, shall not apply to the expenditure of funds appropriated for a fiscal year prior to fiscal year 1987 for the construction, alteration, or acquisition (including site acquisition) of a parking facility at a Veterans Administration [now Department of Veterans Affairs] medical facility.”
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
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# 38 U.S.C. § 8111A - Furnishing of health-care services to members of the Armed Forces during a war or national emergency
## Text
(a) (1) During and immediately following a period of war, or a period of national emergency declared by the President or the Congress that involves the use of the Armed Forces in armed conflict, the Secretary may furnish hospital care, nursing home care, and medical services to members of the Armed Forces on active duty.
(2) (A) During and immediately following a disaster or emergency referred to in subparagraph (B), the Secretary may furnish hospital care and medical services to members of the Armed Forces on active duty responding to or involved in that disaster or emergency.
(B) A disaster or emergency referred to in this subparagraph is any disaster or emergency as follows:
(i) A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(ii) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh) 11 See References in Text note below. is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law.
(3) The Secretary may give a higher priority to the furnishing of care and services under this section than to the furnishing of care and services to any other group of persons eligible for care and services in medical facilities of the Department with the exception of veterans with service-connected disabilities.
(4) For the purposes of this section, the terms “hospital care”, “nursing home care”, and “medical services” have the meanings given such terms by sections 1701(5), 101(28), and 1701(6) of this title, respectively, and the term “medical services” includes services under sections 1782 and 1783 of this title.
(b) (1) During a period in which the Secretary is authorized to furnish care and services to members of the Armed Forces under subsection (a) of this section, the Secretary, to the extent authorized by the President and subject to the availability of appropriations or reimbursements under subsection (c) of this section, may enter into contracts with private facilities for the provision during such period by such facilities of hospital care and medical services described in paragraph (2) of this subsection.
(2) Hospital care and medical services referred to in paragraph (1) of this subsection are—
(A) hospital care and medical services authorized under this title for a veteran and necessary for the care or treatment of a condition for which the veteran is receiving medical services at a Department facility under subsection (a) of section 1710 of this title, in a case in which the delay involved in furnishing such care or services at such Department facility or at any other Department facility reasonably accessible to the veteran would, in the judgment of the Under Secretary for Health, be likely to result in a deterioration of such condition; and
(B) hospital care for a veteran who—
(i) is receiving hospital care under section 1710 of this title; or
(ii) is eligible for hospital care under such section and requires such care in a medical emergency that poses a serious threat to the life or health of the veteran;
if Department facilities are not capable of furnishing or continuing to furnish the care required because of the furnishing of care and services to members of the Armed Forces under subsection (a) of this section.
(c) (1) The cost of any care or services provided by the Department under subsection (a) of this section shall be reimbursed to the Department by the Department of Defense at such rates as may be agreed upon by the Secretary and the Secretary of Defense based on the cost of the care or services provided.
(2) Amounts received under this subsection shall be credited to funds allotted to the Department facility that provided the care or services.
(d) (1) The Secretary of Veterans Affairs and the Secretary of Defense shall jointly review plans for the implementation of this section not less often than annually.
(2) Whenever a modification to such plans is agreed to, the Secretaries shall jointly submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report on such modification. Any such report shall be submitted within 30 days after the modification is agreed to.
(e) The Secretary shall prescribe regulations to govern any exercise of the authority of the Secretary under subsections (a) and (b) of this section and of the Under Secretary for Health under subsection (b)(2)(A) of this section.
(Added Pub. L. 97174, § 4(a), May 4, 1982, 96 Stat. 74, § 5011A; renumbered § 8111A, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10254, § 14(f)(4), June 13, 1991, 105 Stat. 287; Pub. L. 10283, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104262, title I, § 101(e)(5), Oct. 9, 1996, 110 Stat. 3181; Pub. L. 106419, title IV, § 403(b), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 107135, title II, § 208(e)(7), Jan. 23, 2002, 115 Stat. 2464; Pub. L. 107287, § 4(b), Nov. 7, 2002, 116 Stat. 2029; Pub. L. 109444, § 8(a)(8), Dec. 21, 2006, 120 Stat. 3313; Pub. L. 109461, title X, §§ 1004(a)(8), 1006(b), Dec. 22, 2006, 120 Stat. 3466, 3468; Pub. L. 111275, title X, § 1001(p)(1), Oct. 13, 2010, 124 Stat. 2897.)
## Notes
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(2)(B)(i), is Pub. L. 93288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. Section 2812 of the Public Health Service Act, referred to in subsec. (a)(2)(B)(ii), is classified to section 300hh11 of Title 42, The Public Health and Welfare.
Amendments2010—Subsec. (a)(2)(B)(ii). Pub. L. 111275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh11(b))” and struck out “paragraph (3)(A) of” before “that section”. 2006—Subsec. (a)(2)(B)(i). Pub. L. 109461, § 1006(b), provided that as of the enactment of Pub. L. 109461, the amendments made by Pub. L. 109444 were deemed for all purposes not to have taken effect and that Pub. L. 109444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109461, set out as a Coordination of Provisions With Pub. L. 109444 note under section 101 of this title. Pub. L. 109461, § 1004(a)(8), substituted “Robert T.” for “Robert B.”. Pub. L. 109444, which substituted “Robert T.” for “Robert B.”, was terminated by Pub. L. 109461, § 1006(b). See Amendment notes above. 2002—Subsec. (a). Pub. L. 107287 redesignated second sentence of par. (1) as par. (3), added par. (2), and redesignated former par. (2) as (4). Subsec. (a)(2). Pub. L. 107135 inserted “, and the term medical services includes services under sections 1782 and 1783 of this title” before period at end. 2000—Subsec. (f). Pub. L. 106419 struck out subsec. (f) which read as follows: “Within thirty days after a declaration of a period of war or national emergency described in subsection (a) of this section (or as soon after the end of such thirty-day period as is reasonably practicable), the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report on the Secretarys allocation of facilities and personnel in order to provide priority hospital care, nursing home care, and medical services under this section to members of the Armed Forces. Thereafter, with respect to any fiscal year in which the authority in subsection (b) of this section to enter into contracts with private facilities has been used, the Secretary shall report within ninety days after the end of such fiscal year to those committees regarding the extent of, and the circumstances under which, such authority was used.” 1996—Subsec. (b)(2)(A). Pub. L. 104262 substituted “subsection (a) of section 1710” for “subsection (f) of section 1712”. 1992—Subsecs. (b)(2)(A), (e). Pub. L. 102405 substituted “Under Secretary for Health” for “Chief Medical Director”. 1991—Pub. L. 10240 renumbered section 5011A of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “1701(5)” for “601(5)” and “1701(6)” for “601(6)” in par. (2). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in par. (1). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in par. (1). Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “1712” for “612” in par. (2)(A) and “1710” for “610” in par. (2)(B)(i). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in par. (1). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing in par. (2). Pub. L. 10254, § 14(f)(4)(A), amended subsec. (b)(2)(A) as in effect immediately before the enactment of Pub. L. 10240 by striking out “or (g)” after “subsection (f)”. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (1). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing. Subsec. (d). Pub. L. 10254, § 14(f)(4)(B), amended section as in effect immediately before the enactment of Pub. L. 10240 by adding subsec. (d) and striking out former subsec. (d) which read as follows: “(1) Not later than six months after the date of the enactment of this section, the Administrator and the Secretary of Defense shall enter into an agreement to plan and establish procedures and guidelines for the implementation of this section. Not later than one year after the date of the enactment of this section, the Administrator and the Secretary shall complete plans for such implementation and shall submit such plans to the Committees on Veterans Affairs and on Armed Services of the Senate and House of Representatives. “(2) The Administrator and the Secretary of Defense shall jointly review such plans not less often than annually thereafter and shall report to such committees any modification in such plans within thirty days after the modification is agreed to.” Subsecs. (e), (f). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretarys” for “Administrators” wherever appearing.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of Pub. L. 109295, set out in part as a note under section 300hh11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109417, set out as a note under section 300hh11 of Title 42. For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Congressional FindingsPub. L. 97174, § 2(b), May 4, 1982, 96 Stat. 70, provided that: “The Congress makes the following further findings: “(1) During and immediately after a period of war or national emergency involving the use of the Armed Forces of the United States in armed conflict, the Department of Defense might not have adequate health-care resources to care for military personnel wounded in combat and other active-duty military personnel. “(2) The Veterans Administration has an extensive, comprehensive health-care system that could be used to assist the Department of Defense in caring for such personnel in such a situation.”
Executive Documents
Executive Order No. 12751 Ex. Ord. No. 12751, Feb. 14, 1991, 56 F.R. 6787, which related to health care services for Operation Desert Storm, was revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055, listed in a table under section 1701 of Title 50, War and National Defense.
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# 38 U.S.C. § 8111B - Shared medical facilities with Department of Defense
## Text
(a) Agreements.— The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction, or the leasing, of facilities to be operated as shared medical facilities.
(b) Transfer of Funds by Secretary of Veterans Affairs.— (1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for “Construction, minor projects” for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title.
(2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for “Construction, major projects” for use for the planning, design, or construction of a shared medical facility if—
(A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and
(B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer.
(3) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the “Medical Facilities” account of the Department of Veterans Affairs for the purpose of leasing space for a shared medical facility if the estimated share of the Department of Veterans Affairs for the lease costs does not exceed the amount specified in section 8104(a)(3)(B) of this title.
(c) Transfer of Funds to Secretary of Veterans Affairs.— (1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the “Construction, minor projects” account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility.
(2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the “Construction, major projects” account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer.
(3) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for the purpose of leasing space for a shared medical facility may be credited to the “Medical Facilities” account of the Department of Veterans Affairs and may be used for such purpose.
(d) Merger of Amounts Transferred.— Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred.
(e) Appropriation in Advance.— Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts.
(f) Shared Medical Facility Defined.— In this section, the term “shared medical facility”—
(1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and
(2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel.
(Added Pub. L. 11781, div. A, title VII, § 714(b)(1), Dec. 27, 2021, 135 Stat. 1786; amended Pub. L. 117168, title VII, § 706(b), Aug. 10, 2022, 136 Stat. 1800.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a). Pub. L. 117168, § 706(b)(1), inserted “, or the leasing,” after “design, and construction”. Subsec. (b)(3). Pub. L. 117168, § 706(b)(2), added par. (3). Subsec. (c)(3). Pub. L. 117168, § 706(b)(3), added par. (3).
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# 38 U.S.C. § 8112 - Partial relinquishment of legislative jurisdiction
## Text
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. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 60, § 5012; renumbered § 8112, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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. 9622.
Amendments1991—Pub. L. 10240 renumbered section 5012 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator” in two places.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
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# 38 U.S.C. § 8113 - Property formerly owned by National Home for Disabled Volunteer Soldiers
## Text
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. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5013; renumbered § 8113, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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. 9622.
Amendments1991—Pub. L. 10240 renumbered section 5013 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
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# 38 U.S.C. § 8114 - Use of federally owned facilities; use of personnel
## Text
(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. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5014; renumbered § 8114, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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. 9622.
Amendments1991—Pub. L. 10240 renumbered section 5014 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
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# 38 U.S.C. § 8115 - Acceptance of certain property
## Text
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. 9622, title III, § 301(a), June 13, 1979, 93 Stat. 61, § 5015; renumbered § 8115, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
## Notes
Editorial Notes
Prior ProvisionsProvisions 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. 9622.
Amendments1991—Pub. L. 10240 renumbered section 5015 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective DateSection 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. 9622, set out as a note under section 8101 of this title.
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# 38 U.S.C. § 8116 - Nursing home revolving fund
## Text
(a) (1) Amounts realized from a transfer pursuant to section 8122(a)(2)(C) 11 See References in Text note below. 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. 100322, title II, § 205(a), May 20, 1988, 102 Stat. 512, § 5016; renumbered § 8116 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
## Notes
Repeal of SectionPub. L. 108422, 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.
Editorial Notes
References in TextSection 8122(a)(2) of this title, referred to in subsec. (a)(1), was amended generally by Pub. L. 108422, title IV, § 411(e)(1), Nov. 30, 2004, 118 Stat. 2389, and, as so amended, no longer contains a subpar. (C).
Amendments1991—Pub. L. 10240, § 402(b)(1), renumbered section 5016 of this title as this section. Pub. L. 10240, § 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).
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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. 108422, set out as an Effective Date of 2004 Amendment note under section 1710B of this title.
Transfer of Nursing Home Revolving Fund Balances and ReceiptsFor 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. 108447, set out as a note under section 1729a of this title.
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# 38 U.S.C. § 8117 - Emergency preparedness
## Text
(a) Readiness of Department Medical Centers.— (1) The Secretary shall take appropriate actions to provide for the readiness of Department medical centers to protect the patients and staff of such centers from a public health emergency (as defined in section 2801 of the Public Health Service Act) or otherwise to respond to such an emergency so as to enable such centers to fulfill their obligations as part of the Federal response to such emergencies.
(2) Actions under paragraph (1) shall include—
(A) the provision of decontamination equipment and personal protection equipment at Department medical centers;
(B) the provision of training in the use of such equipment to staff of such centers;
(C) organizing, training, and equipping the staff of such centers to support the activities carried out by the Secretary of Health and Human Services under section 2801 of the Public Health Service Act in the event of a public health emergency and incidents covered by the National Response Plan developed pursuant to section 502(6) 11 See References in Text note below. of the Homeland Security Act of 2002, or any successor plan; and
(D) providing medical logistical support to the National Disaster Medical System and the Secretary of Health and Human Services as necessary, on a reimbursable basis, and in coordination with other designated Federal agencies.
(b) Security at Department Medical and Research Facilities.— (1) The Secretary shall take appropriate actions to provide for the security of Department medical centers and research facilities, including staff and patients at such centers and facilities.
(2) In taking actions under paragraph (1), the Secretary shall take into account the results of the evaluation of the security needs at Department medical centers and research facilities required by section 154(b)(1) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (Public Law 107188; 116 Stat. 631), including the results of such evaluation relating to the following needs:
(A) Needs for the protection of patients and medical staff during emergencies, including a chemical or biological attack or other terrorist attack.
(B) Needs, if any, for screening personnel engaged in research relating to biological pathogens or agents, including work associated with such research.
(C) Needs for securing laboratories or other facilities engaged in research relating to biological pathogens or agents.
(c) Tracking of Pharmaceuticals and Medical Supplies and Equipment.— The Secretary shall develop and maintain a centralized system for tracking the current location and availability of pharmaceuticals, medical supplies, and medical equipment throughout the Department health care system in order to permit the ready identification and utilization of such pharmaceuticals, supplies, and equipment for a variety of purposes, including response to a public health emergency. The Secretary shall, through existing medical procurement contracts, and on a reimbursable basis, make available as necessary, medical supplies, equipment, and pharmaceuticals in response to a public health emergency in support of the Secretary of Health and Human Services.
(d) Training.— The Secretary shall ensure that the Department medical centers, in consultation with the accredited medical school affiliates of such medical centers, implement curricula to train resident physicians and health care personnel in medical matters relating to public health emergencies or attacks from an incendiary or other explosive weapon consistent with section 319F(a) of the Public Health Service Act.
(e) Participation in National Disaster Medical System.— (1) The Secretary shall establish and maintain a training program to facilitate the participation of the staff of Department medical centers, and of the community partners of such centers, in the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act (42 U.S.C. 300hh11).
(2) The Secretary shall establish and maintain the training program under paragraph (1) in accordance with the recommendations of the working group on the prevention, preparedness, and response to public health emergencies established under section 319F of the Public Health Service Act (42 U.S.C. 247d6).
(3) The Secretary shall establish and maintain the training program under paragraph (1) in consultation with the following:
(A) The Secretary of Defense.
(B) The Secretary of Health and Human Services.
(C) The Administrator of the Federal Emergency Management Agency.
(f) Mental Health Counseling.— (1) With respect to activities conducted by personnel serving at Department medical centers, the Secretary shall develop and maintain various strategies for providing mental health counseling and assistance, including counseling and assistance for post-traumatic stress disorder, following a bioterrorist attack or other public health emergency to the following persons:
(A) Veterans.
(B) Local and community emergency response providers.
(C) Active duty military personnel.
(D) Individuals seeking care at Department medical centers.
(2) The strategies under paragraph (1) shall include the following:
(A) Training and certification of providers of mental health counseling and assistance.
(B) Mechanisms for coordinating the provision of mental health counseling and assistance to emergency response providers referred to in paragraph (1).
(3) The Secretary shall develop and maintain the strategies under paragraph (1) in consultation with the Secretary of Health and Human Services, the American Red Cross, and the working group referred to in subsection (e)(2).
(g) Authorization of Appropriations.— There are authorized to be appropriated, $155,300,000 for each of fiscal years 2019 through 2028 to carry out this section.
(Added Pub. L. 107287, § 6(a)(1), Nov. 7, 2002, 116 Stat. 2030; amended Pub. L. 109295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 109417, title III, § 306, Dec. 19, 2006, 120 Stat. 2863; Pub. L. 110387, title IX, § 901(a)(7), Oct. 10, 2008, 122 Stat. 4142; Pub. L. 111275, title X, § 1001(p)(2), Oct. 13, 2010, 124 Stat. 2897; Pub. L. 1135, title I, § 105, Mar. 13, 2013, 127 Stat. 170; Pub. L. 11622, title VII, § 701(a), June 24, 2019, 133 Stat. 961; Pub. L. 11819, § 3, Oct. 6, 2023, 137 Stat. 106.)
## Notes
Editorial Notes
References in TextSection 2801 of the Public Health Service Act, referred to in subsec. (a)(1), is classified to section 300hh of Title 42, The Public Health and Welfare. Section 502 of the Homeland Security Act of 2002, referred to in subsec. (a)(2)(C), probably means section 502 of Pub. L. 107296 prior to its redesignation as section 504 by Pub. L. 109295, § 611(8), and reclassification as section 314 of Title 6, Domestic Security, and not section 506 of Pub. L. 107296 which was redesignated section 502 by Pub. L. 109295, § 611(9), and is classified to section 312 of Title 6. Provisions relating to the National Response Plan are contained in section 314(a)(6) of Title 6. Section 154(b)(1) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, referred to in subsec. (b)(2), is section 154(b)(1) of Pub. L. 107188, which is set out as a note below.
Amendments2023—Subsec. (g). Pub. L. 11819 substituted “2028” for “2023”. 2019—Subsec. (g). Pub. L. 11622 substituted “2019 through 2023” for “2014 through 2018”. 2013—Subsec. (g). Pub. L. 1135 substituted “$155,300,000 for each of fiscal years 2014 through 2018 to carry out this section” for “such sums as may be necessary to carry out this section for each of fiscal years 2007 through 2011”. 2010—Subsec. (e)(1). Pub. L. 111275, § 1001(p)(2)(A), substituted “(42 U.S.C. 300hh11)” for “(42 U.S.C. 300hh11(b))”. Subsec. (e)(2). Pub. L. 111275, § 1001(p)(2)(B), substituted “(42 U.S.C. 247d6)” for “(42 U.S.C. 247d6(a))”. 2008—Subsec. (a)(1). Pub. L. 110387 substituted “respond to such” for “respond to such such”. 2006—Subsec. (a)(1). Pub. L. 109417, § 306(a)(1)(A), substituted “a public health emergency (as defined in section 2801 of the Public Health Service Act)” for “chemical or biological attack”, “such an emergency” for “an attack”, and “such emergencies” for “public health emergencies”. Subsec. (a)(2)(C), (D). Pub. L. 109417, § 306(a)(1)(B), added subpars. (C) and (D). Subsec. (c). Pub. L. 109417, § 306(a)(2), substituted “a public health emergency. The Secretary shall, through existing medical procurement contracts, and on a reimbursable basis, make available as necessary, medical supplies, equipment, and pharmaceuticals in response to a public health emergency in support of the Secretary of Health and Human Services.” for “a chemical or biological attack or other terrorist attack.” Subsec. (d). Pub. L. 109417, § 306(a)(3), struck out “develop and” before “implement curricula”, substituted “public health emergencies” for “biological, chemical, or radiological attacks”, and inserted “consistent with section 319F(a) of the Public Health Service Act” before period at end. Subsec. (e)(1). Pub. L. 109417, § 306(a)(4)(A), substituted “2812” for “2811(b)”. Subsec. (e)(2). Pub. L. 109417, § 306(a)(4)(B), struck out “bioterrorism and other” after “response to” and substituted “319F” for “319F(a)”. Subsec. (g). Pub. L. 109417, § 306(b), added subsec. (g).
Statutory Notes and Related Subsidiaries
Change of Name “Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (e)(3)(C) on authority of section 612(c) of Pub. L. 109295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109295, set out as a note under section 313 of Title 6.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System, including the functions of the Secretary of Homeland Security and the Under Secretary for Emergency Preparedness and Response relating thereto, to the Secretary of Health and Human Services, see title III of Pub. L. 109295, set out in part as a note under section 300hh11 of Title 42, The Public Health and Welfare, and section 301(b) of Pub. L. 109417, set out as a note under section 300hh11 of Title 42. For transfer of functions, personnel, assets, and liabilities of the National Disaster Medical System of the Department of Health and Human Services, including the functions of the Secretary of Health and Human Services and the Assistant Secretary for Public Health Emergency Preparedness [now Assistant Secretary for Preparedness and Response] relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(5) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Enhancement of Emergency Preparedness of Department of Veterans AffairsPub. L. 107188, title I, § 154, June 12, 2002, 116 Stat. 631, as amended by Pub. L. 107287, § 6(b), (c), Nov. 7, 2002, 116 Stat. 2032, provided that: “[(a) Repealed. Pub. L. 107287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] “(b) Security at Department Medical and Research Facilities.—(1) Not later than 180 days after the date of the enactment of this Act [June 12, 2002], the Secretary [of Veterans Affairs] shall carry out an evaluation of the security needs at Department medical centers and research facilities. The evaluation shall address the following needs:“(A) Needs for the protection of patients and medical staff during emergencies, including a chemical or biological attack or other terrorist attack. “(B) Needs, if any, for screening personnel engaged in research relating to biological pathogens or agents, including work associated with such research. “(C) Needs for securing laboratories or other facilities engaged in research relating to biological pathogens or agents. “(D) Any other needs the Secretary considers appropriate. “[(2) Repealed. Pub. L. 107287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] “[(c) to (f) Repealed. Pub. L. 107287, § 6(b), Nov. 7, 2002, 116 Stat. 2032.] “(g) Authorization of Appropriations.—There is hereby authorized to be appropriated for the Department of Veterans Affairs amounts as follows:“(1) To carry out activities required by subsection (a) of section 8117 of title 38, United States Code—“(A) $100,000,000 for fiscal year 2002; and “(B) such sums as may be necessary for each of fiscal years 2003 through 2006. “(2) To carry out activities required by subsection (b)(1) of this section and subsections (b) through (f) of section 8117 of title 38, United States Code—“(A) $33,000,000 for fiscal year 2002; and “(B) such sums as may be necessary for each of fiscal years 2003 through 2006.”
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# 38 U.S.C. § 8118 - Authority for transfer of real property; Department of Veterans Affairs Capital Asset Fund
## Text
(a) (1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States, to a State (or a political subdivision of a State), or to any public or private entity, including an Indian tribe. Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States.
(2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522, and 541 through 545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title.
(3) The authority provided by this section may not be used in a case to which section 8164 of this title applies.
(4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D).
(5) The authority of the Secretary under paragraph (1) expires on September 30, 2026.
(b) (1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the “Fund”). Amounts in the Fund shall remain available until expended.
(2) Proceeds from the transfer of real property under this section shall be deposited into the Fund.
(3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes:
(A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses.
(B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section.
(C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, or establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project.
(D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease, or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places.
(c) The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the Presidents budget for that fiscal year for the Department specification of the following:
(1) The real property transfers to be undertaken in accordance with this section during that fiscal year.
(2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the fiscal year during which the budget is submitted.
(3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget.
(Added Pub. L. 108422, title IV, § 411(a)(1), Nov. 30, 2004, 118 Stat. 2388; amended Pub. L. 11237, § 10(g), Oct. 5, 2011, 125 Stat. 397; Pub. L. 115251, title I, § 105, Sept. 29, 2018, 132 Stat. 3168; Pub. L. 116159, div. E, title I, § 5103, Oct. 1, 2020, 134 Stat. 748; Pub. L. 117180, div. E, title IV, § 405, Sept. 30, 2022, 136 Stat. 2139; Pub. L. 11883, div. B, title III, § 337, Sept. 26, 2024, 138 Stat. 1542; Pub. L. 11937, div. G, title IV, § 7405, Nov. 12, 2025, 139 Stat. 654.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a)(5). Pub. L. 11937 substituted “September 30, 2026” for “September 30, 2025”. 2024—Subsec. (a)(5). Pub. L. 11883 substituted “September 30, 2025” for “September 30, 2024”. 2022—Subsec. (a)(5). Pub. L. 117180 substituted “September 30, 2024” for “September 30, 2022”. 2020—Subsec. (a)(5). Pub. L. 116159 substituted “September 30, 2022” for “September 30, 2020”. 2018—Subsec. (a)(5). Pub. L. 115251 substituted “September 30, 2020” for “December 31, 2018”. 2011—Subsec. (a)(5). Pub. L. 11237 substituted “December 31, 2018” for “the date that is seven years after the date of the enactment of this section”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 AmendmentAmendment by Pub. L. 11937 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 11937, set out as a note under section 111A of this title.
Transfer of Unobligated Balances to Capital Asset FundPub. L. 108422, title IV, § 411(d), Nov. 30, 2004, 118 Stat. 2389, provided that: “Any unobligated balances in the nursing home revolving fund under section 8116 of title 38, United States Code, as of the date of the enactment of this Act [Nov. 30, 2004] shall be deposited in the Department of Veterans Affairs Capital Asset Fund established under section 8118 of title 38, United States Code (as added by subsection (a)).” [Section 411(d) of Pub. L. 108422, set out above, is 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. 108422, set out as an Effective Date of 2004 Amendment note under section 1710B of this title.]
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# 38 U.S.C. § 8119 - Annual report on outpatient clinics
## Text
(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 Departments 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. 110387, title VII, § 708(a), Oct. 10, 2008, 122 Stat. 4139.)
## Notes
Statutory Notes and Related Subsidiaries
Deadline for First Annual ReportPub. L. 110387, 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].”
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# 38 U.S.C. § 8120 - Quarterly report on super construction projects
## Text
(a) Quarterly Reports Required.— Not later than 30 days after the last day of each fiscal quarter the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives a report on the super construction projects carried out by the appropriate non-Department Federal entity described in section 8103(e)(1) of this title during such quarter. Each such report shall include, for each such project—
(1) the budgetary and scheduling status of the project, as of the last day of the quarter covered by the report; and
(2) the actual cost and schedule variances of the project, as of such day, compared to the planned cost and schedules for the project.
(b) Super Construction Project Defined.— In this section, the term “super construction project” has the meaning given such term in section 8103(e)(3) of this title.
(Added Pub. L. 114315, title VIII, § 801(d)(1), Dec. 16, 2016, 130 Stat. 1591.)
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# 38 U.S.C. § 8121 - Revolving supply fund
## Text
(a) The revolving supply fund established for the operation and maintenance of a supply system for the Department (including procurement of supplies, equipment, and personal services and the repair and reclamation of used, spent, or excess personal property) shall be—
(1) available without fiscal year limitations for all expenses necessary for the operation and maintenance of such supply system;
(2) reimbursed from appropriations for the cost of all services, equipment, and supplies furnished, at rates determined by the Secretary on the basis of estimated or actual direct cost (which may be based on the cost of recent significant purchases of the equipment or supply item involved) and indirect cost; and
(3) credited with advances from appropriations for activities to which services or supplies are to be furnished, and all other receipts resulting from the operation of the fund, including property returned to the supply system when no longer required by activities to which it had been furnished, the proceeds of disposal of scrap, excess or surplus personal property of the fund, and receipts from carriers and others for loss of or damage to personal property.
(b) The Secretary may authorize the Secretary of Defense to make purchases through the fund in the same manner as activities of the Department. When services, equipment, or supplies are furnished to the Secretary of Defense through the fund, the reimbursement required by paragraph (2) of subsection (a) shall be made from appropriations made to the Department of Defense, and when services or supplies are to be furnished to the Department of Defense, the fund may be credited, as provided in paragraph (3) of subsection (a), with advances from appropriations available to the Department of Defense.
(c) At the end of each fiscal year, there shall be covered into the Treasury of the United States as miscellaneous receipts such amounts as the Secretary determines to be in excess of the requirements necessary for the maintenance of adequate inventory levels and for the effective financial management of the revolving supply fund.
(d) An adequate system of accounts for the fund shall be maintained on the accrual method, and financial reports prepared on the basis of such accounts. An annual business type budget shall be prepared for operations under the fund.
(e) The Secretary is authorized to capitalize, at fair and reasonable values as determined by the Secretary, all supplies and materials and depot stocks of equipment on hand or on order.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1253, § 5011; amended Pub. L. 87314, Sept. 26, 1961, 75 Stat. 675; Pub. L. 94581, title II, § 210(e)(6), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5021, Pub. L. 9622, title III, § 301(b)(1), June 13, 1979, 93 Stat. 61; Pub. L. 96330, title IV, § 402(a), Aug. 26, 1980, 94 Stat. 1051; renumbered § 8121, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 108170, title IV, § 403(a), Dec. 6, 2003, 117 Stat. 2062.)
## Notes
Editorial Notes
Amendments2003—Pub. L. 108170 redesignated last sentence of subsec. (a) as subsec. (c), added subsec. (b), and redesignated former subsecs. (b) and (c) as (d) and (e), respectively. 1991—Pub. L. 10240 renumbered section 5021 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (2) and in last sentence. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in introductory provisions. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. 1980—Subsec. (a). Pub. L. 96330 substituted “actual direct cost (which may be based on the cost of recent significant purchases of the equipment or supply item involved)” for “actual direct” in par. (2), and, in provisions following par. (3), substituted “At the end of each fiscal year, there shall be covered into the Treasury of the United States as miscellaneous receipts such amounts as the Administrator determines to be in excess of the requirements necessary for the maintenance of adequate inventory levels and for the effective financial management of the revolving supply fund” for “At the end of each fiscal year, any net income of the fund, after making provision for prior losses, shall be covered into the Treasury of the United States as miscellaneous receipts”. 1976—Subsec. (c). Pub. L. 94581 substituted “the Administrator” for “him”. 1961—Subsec. (a). Pub. L. 87314 included among the purposes for which the supply fund was established, the repair and reclamation of used, spent, or excess personal property, and authorized the crediting of the fund with property returned to the supply system when no longer required by activities to which it had been furnished.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentPub. L. 108170, title IV, § 403(b), Dec. 6, 2003, 117 Stat. 2062, provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to funds appropriated for a fiscal year after fiscal year 2003.”
Effective Date of 1980 AmendmentPub. L. 96330, title IV, § 402(b), Aug. 26, 1980, 94 Stat. 1051, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 1979.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
Department of Veterans Affairs Supply Chain ResiliencyPub. L. 117328, div. U, title IV, § 401, Dec. 29, 2022, 136 Stat. 5482, provided that: “(a) Report on Critical Items and Requirements.—Not later than 90 days after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report containing each of the following:“(1) A description of the items and types of items the Secretary considers critical with respect to—“(A) the ongoing response to the Coronavirus 2019 (COVID19) pandemic; and “(B) future epidemic, pandemic, emergency, national emergency, or natural disaster scenarios. “(2) The quantities of the items described in paragraph (1) that are available, as of the date of the enactment of this Act, in inventories, emergency caches, or other emergency inventories of the Department of Veterans Affairs. “(3) The anticipated quantities of the items described in paragraph (1) that would be necessary under potential epidemic, pandemic, emergency, national emergency, or natural disaster scenarios the Secretary determines to be relevant for planning purposes. “(4) The assumptions and key planning factors used by the Secretary to identify the items, types of items, and necessary quantities of items for types of scenarios, as described in paragraphs (1) and (3). “(b) Participation in Warstopper Program.—“(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs and the Secretary of Defense shall enter into an agreement to provide for the participation of the Department of Veterans Affairs in the program known as the Warstopper Program of the Defense Logistics Agency, or any successor program. “(2) Requirements.—Pursuant to the agreement under paragraph (1), the Defense Logistics Agency shall—“(A) ensure the maintenance and stability of the items that are identified as critical in the report required under subsection (a) and that the Secretary of Defense determines are appropriate for the Warstopper Program; “(B) establish guidance for the participation of the Department of Veterans Affairs in the Warstopper Program that includes an identification of the items and types of items that are critical to the needs of the Department of Veterans Affairs; and “(C) use existing contracts and agreements and enter into new contracts and agreements, as necessary, with manufacturers and distributors to reserve the supply of such critical items rather than rely on holding physical inventories of such items. “(c) Reimbursement.—The Secretary of Veterans Affairs shall reimburse the Secretary of Defense for any expenses or obligations incurred to facilitate the participation of the Department of Veterans Affairs in the Warstopper Program pursuant to subsection (b). “(d) Prohibition on Exclusive Reliance on Regional Inventories.—The Secretary of Veterans Affairs shall ensure that the Department does not exclusively rely on holding regional, physical inventories of critical items in order to respond to greater than expected needs for such items during epidemic, pandemic, emergency, national emergency, or natural disaster situations. “(e) Report on Implementation.—“(1) In general.—Not later than 450 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives a report on the implementation of this section. “(2) Contents.—The report submitted under paragraph (1) shall contain each the following:“(A) An implementation plan for the participation of the Department of Veterans Affairs in the Warstopper Program, including milestones and timelines for related administrative, contracting, and readiness activities. “(B) For each of the items and associated quantities identified in paragraphs (1) and (3) of subsection (a)—“(i) the method by which the Secretary of Veterans Affairs plans to ensure the Department continues to have access to adequate quantities of such items and types of items, including in the Warstopper Program, in regional, physical inventories, or other methods; and “(ii) justifications for the method or methods identified under clause (i). “(3) Updates to report.—The Secretary shall update the report required under paragraph (1) on an annual basis for each of the two years following the submission of the report under such paragraph and submit such updates to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives.”
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# 38 U.S.C. § 8123 - Procurement of prosthetic appliances
## Text
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. 85857, Sept. 2, 1958, 72 Stat. 1254, § 5013; amended Pub. L. 94581, title II, § 210(e)(8), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5023, Pub. L. 9622, title III, § 301(b)(1), June 13, 1979, 93 Stat. 61; renumbered § 8123, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10240 renumbered section 5023 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator” in two places. 1976—Pub. L. 94581 substituted “the Administrator” for “he”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 8124 - Grant of easements in Government-owned lands
## Text
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 Secretarys 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. 85857, Sept. 2, 1958, 72 Stat. 1254, § 5014; amended Pub. L. 94581, title II, § 210(e)(9), Oct. 21, 1976, 90 Stat. 2865; renumbered § 5024, Pub. L. 9622, title III, § 301(b)(1), June 13, 1979, 93 Stat. 61; renumbered § 8124, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10240 renumbered section 5024 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator” wherever appearing and “Secretarys” for “Administrators”. 1976—Pub. L. 94581 substituted “the Administrator” for “he” wherever appearing and “under the Administrators supervision” for “under his supervision”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
@@ -0,0 +1,79 @@
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title: "38 U.S.C. § 8125"
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# 38 U.S.C. § 8125 - Procurement of health-care items
## Text
(a) Except as provided in subsections (b) and (c) of this section, the Secretary may not procure health-care items under local contracts.
(b) (1) A health-care item for use by the Department may be procured under a local contract if—
(A) the procurement is within the limits prescribed in paragraph (3) of this subsection; and
(B) (i) the item is not otherwise available to the Department medical center concerned,
(ii) procurement of the item by a local contract is necessary for the effective furnishing of health-care services or the conduct of a research or education program at a Department medical center, as determined by the director of the center in accordance with regulations which the Under Secretary for Health shall prescribe, or
(iii) procurement under a local contract is demonstrably more cost-effective for the item.
(2) In the case of the need for an emergency procurement of a health-care item, such item may be procured under a local contract, but no greater quantity of such item may be procured by a local contract than is reasonably necessary to meet the emergency need and the reasonably foreseeable need for the item at the medical center concerned until resupply can be achieved through procurement actions other than emergency procurement.
(3) (A) Except as provided in subparagraphs (C) and (D) of this paragraph, not more than 20 percent of the total of all health-care items procured by the Department in any fiscal year (measured as a percent of the total cost of all such health-care items procured by the Department in that fiscal year) may be procured under local contracts.
(B) Local contracts for the procurement of health-care items shall, to the maximum extent feasible, be awarded to regular dealers or manufacturers engaged in the wholesale supply of such items.
(C) The Secretary may increase for a fiscal year the percentage specified in subparagraph (A) of this section to a percentage not greater than 30 percent if the Secretary, based on the experience of the Department during the two fiscal years preceding such fiscal year, determines that the increase and the amount of the increase are necessary in the interest of the effective furnishing of health-care services by the Department. The authority to increase such percentage may not be delegated.
(D) Items procured through an emergency procurement shall not be counted for the purpose of this paragraph.
(c) A provision of law that is inconsistent with subsection (a) or (b) of this section shall not apply, to the extent of the inconsistency, to the procurement of a health-care item for use by the Department.
(d) For the purposes of this section:
(1) The term “health-care item” includes any item listed in, or (as determined by the Secretary) of the same nature as an item listed in, Federal Supply Classification (FSC) Group 65 or 66. Effective December 1, 1992, such term also includes any item listed in, or (as determined by the Secretary) of the same nature as an item listed in, Federal Supply Classification (FSC) Group 73. Such term does not include perishable items.
(2) The term “local contract” means a contract entered into by a Department medical center for procurement of an item for use by that medical center.
(3) The term “emergency procurement” means a procurement necessary to meet an emergency need, affecting the health or safety of a person being furnished health-care services by the Department, for an item.
(Added Pub. L. 100322, title IV, § 403(a)(1), May 20, 1988, 102 Stat. 543, § 5025; amended Pub. L. 100687, div. B, title XV, § 1507(b), (c), Nov. 18, 1988, 102 Stat. 4136, 4137; renumbered § 8125, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 10714, § 8(a)(15), June 5, 2001, 115 Stat. 35; Pub. L. 113188, title XVII, § 1701, Nov. 26, 2014, 128 Stat. 2026.)
## Notes
Editorial Notes
Amendments2014—Subsecs. (d), (e). Pub. L. 113188 redesignated subsec. (e) as (d) and struck out former subsec. (d) which required annual reports from the directors of Department medical centers and from the Secretary. 2001—Subsec. (d)(1). Pub. L. 10714, § 8(a)(15)(A), struck out “(beginning in 1992)” after “each year”. Subsec. (d)(2). Pub. L. 10714, § 8(a)(15)(B), struck out “(beginning in 1993)” after “each year”. Subsec. (d)(3). Pub. L. 10714, § 8(a)(15)(C), struck out par. (3) which read as follows: “Not later than February 1 of each year from 1989 through 1992, the Secretary shall submit to the Committees on Veterans Affairs of the Senate and the House of Representatives a report on the experience in carrying out this section during the preceding fiscal year. The first such report shall contain information showing the percentage (measured by cost) of the total of all health-care items procured by the Department during fiscal year 1988 that were procured through local contracts. The other reports under this paragraph shall contain information showing the percentage (measured by cost) of the total of all health-care items procured by the Department, and by each Department medical center, during the fiscal year covered by the report that were purchased through local contracts and, in the case of each medical center at which the percentage was greater than 20 percent, an explanation of the reasons why that occurred.” 1992—Subsec. (b)(1)(B)(ii). Pub. L. 102405 substituted “Under Secretary for Health” for “Chief Medical Director”. 1991—Pub. L. 10240 renumbered section 5025 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in par. (3)(C). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing. Subsec. (c). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsecs. (d), (e). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing. 1988—Subsec. (d)(1). Pub. L. 100687, § 1507(b)(1), inserted “(beginning in 1992)” after “of each year”. Subsec. (d)(2). Pub. L. 100687, § 1507(b)(2), inserted “(beginning in 1993)” after “of each year”. Subsec. (d)(3). Pub. L. 100687, § 1507(b)(3), added par. (3). Subsec. (e)(1). Pub. L. 100687, § 1507(c), substituted “65 or 66” for “65, 66, or 73” and inserted after first sentence “Effective December 1, 1992, such term also includes any item listed in, or (as determined by the Administrator) of the same nature as an item listed in, Federal Supply Classification (FSC) Group 73.”
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 100322, title IV, § 403(b), May 20, 1988, 102 Stat. 545, as amended by Pub. L. 100687, div. B, title XV, § 1507(a), Nov. 18, 1988, 102 Stat. 4136, provided that: “(1) Subsections (a), (b)(1), and (b)(2) of section 5025 [now 8125] of title 38, United States Code (as added by subsection (a)), shall take effect one year after the date of the enactment of this Act [May 20, 1988]. “(2) Subsection (b)(3) of such section shall apply to health-care items procured for use by the Veterans Administration [now Department of Veterans Affairs] after September 30, 1990.”
Medical Surgical Prime Vendor ProgramPub. L. 115407, title VII, § 703, Dec. 31, 2018, 132 Stat. 5381, provided that: “(a) Vendors.—In procuring certain medical, surgical, and dental supplies or laboratory supplies for medical centers of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall carry out the Medical Surgical Prime Vendor program, or successor program, in a manner that—“(1) requires the Secretary to award contracts to multiple regional prime vendors instead of a single nationwide prime vendor; and “(2) prohibits a prime vendor from solely designing the formulary of such supplies. “(b) Clinically Driven Sourcing.—“(1) Expertise.—In carrying out the formulary of supplies under the Medical Surgical Prime Vendor program, or successor program, the Secretary shall ensure that each employee of the Department of Veterans Affairs who conducts formulary analyses or makes decisions with respect to including items on the formulary has medical expertise relevant to the items for which the employee conducts such analyses or makes such decisions. “(2) Lists.—Not later than 30 days after the date of the enactment of this Act [Dec. 31, 2018], and every six months thereafter with respect to any updates, the Secretary shall submit to the Committees on Veterans Affairs of the House of Representatives and the Senate a list of each employee described in paragraph (1) and the relevant medical expertise of the employee, listed by the categories of items in the formulary described in such paragraph.”
Standardization of Medical and Pharmaceutical ItemsPub. L. 100322, title IV, § 402, May 20, 1988, 102 Stat. 543, as amended by Pub. L. 100687, div. B, title XV, § 1508, Nov. 18, 1988, 102 Stat. 4137, directed Administrator, not later than Oct. 1, 1989, to develop and fully implement an agency-wide plan for cost-effective standardization of health-care items procured by Veterans Administration.
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# 38 U.S.C. § 8126 - Limitation on prices of drugs procured by Department and certain other Federal agencies
## Text
(a) Each manufacturer of covered drugs shall enter into a master agreement with the Secretary under which—
(1) beginning January 1, 1993, the manufacturer shall make available for procurement on the Federal Supply Schedule of the General Services Administration each covered drug of the manufacturer;
(2) with respect to each covered drug of the manufacturer procured by a Federal agency described in subsection (b) on or after January 1, 1993, that is purchased under depot contracting systems or listed on the Federal Supply Schedule, the manufacturer has entered into and has in effect a pharmaceutical pricing agreement with the Secretary (or the Federal agency involved, if the Secretary delegates to the Federal agency the authority to enter into such a pharmaceutical pricing agreement) under which the price charged during the one-year period beginning on the date on which the agreement takes effect may not exceed 76 percent of the non-Federal average manufacturer price (less the amount of any additional discount required under subsection (c)) during the one-year period ending one month before such date (or, in the case of a covered drug for which sufficient data for determining the non-Federal average manufacturer price during such period are not available, during such period as the Secretary considers appropriate), except that such price may nominally exceed such amount if found by the Secretary to be in the best interests of the Department or such Federal agencies;
(3) with respect to each covered drug of the manufacturer procured by a State home receiving funds under section 1741 of this title, the price charged may not exceed the price charged under the Federal Supply Schedule at the time the drug is procured; and
(4) unless the manufacturer meets the requirements of paragraphs (1), (2), and (3), the manufacturer may not receive payment for the purchase of drugs or biologicals from—
(A) a State plan under title XIX of the Social Security Act, except as authorized under section 1927(a)(3) of such Act,
(B) any Federal agency described in subsection (b), or
(C) any entity that receives funds under the Public Health Service Act.
(b) The Federal agencies described in this subsection are as follows:
(1) The Department.
(2) The Department of Defense.
(3) The Public Health Service, including the Indian Health Service.
(4) The Coast Guard.
(c) With respect to any covered drug the price of which is determined in accordance with a pharmaceutical pricing agreement entered into pursuant to subsection (a)(2), beginning on or after January 1, 1993, the manufacturer shall provide a discount in an amount equal to the amount by which the change in non-Federal price exceeds the amount equal to—
(1) the non-Federal average manufacturer price of the drug during the 3-month period that ends one year before the last day of the month preceding the month during which the contract for the covered drug goes into effect (or, in the case of a covered drug for which sufficient data for determining the non-Federal average manufacturer price during such period is not available, during such period as the Secretary considers appropriate); multiplied by
(2) the percentage increase in the Consumer Price Index for all urban consumers (U.S. city average) between the last month of the period described in paragraph (1) and the last month preceding the month during which the contract goes into effect for which Consumer Price Index data is available.
(d) In the case of a covered drug of a manufacturer that has entered into a multi-year contract with the Secretary under subsection (a)(2) for the procurement of the drug—
(1) during any one-year period that follows the first year for which the contract is in effect, the contract price charged for the drug may not exceed the contract price charged during the preceding one-year period, increased by the percentage increase in the Consumer Price Index for all urban consumers (U.S. city average) during the 12-month period ending with the last month of such preceding one-year period for which Consumer Price Index data is available; and
(2) in applying subsection (c) to determine the amount of the discount provided with respect to the drug during a year that follows the first year for which the contract is in effect, any reference in such subsection to “the month during which the contract goes into effect” shall be considered a reference to the first month of such following year.
(e) (1) The manufacturer of any covered drug the price of which is determined in accordance with a pharmaceutical pricing agreement entered into pursuant to subsection (a)(2) shall—
(A) not later than 30 days after the first day of the last quarter that begins before the agreement takes effect (or, in the case of an agreement that takes effect on January 1, 1993, not later than December 4, 1992), report to the Secretary the non-Federal average manufacturer price for the drug during the one-year period that ends on the last day of the previous quarter; and
(B) not later than 30 days after the last day of each quarter for which the agreement is in effect, report to the Secretary the non-Federal average manufacturer price for the drug during such quarter.
(2) The provisions of subparagraphs (B) and (C) of section 1927(b)(3) of the Social Security Act shall apply to drugs described in paragraph (1) and the Secretary in the same manner as such provisions apply to covered outpatient drugs and the Secretary of Health and Human Services under such subparagraphs, except that references in such subparagraphs to prices or information reported or required under “subparagraph (A)” shall be deemed to refer to information reported under paragraph (1).
(3) In order to determine the accuracy of a drug price that is reported to the Secretary under paragraph (1), the Secretary may audit the relevant records of the manufacturer or of any wholesaler that distributes the drug, and may delegate the authority to audit such records to the appropriate Federal agency described in subsection (b).
(4) Any information contained in a report submitted to the Secretary under paragraph (1) or obtained by the Secretary through any audit conducted under paragraph (3) shall remain confidential, except as the Secretary determines necessary to carry out this section and to permit the Comptroller General and the Director of the Congressional Budget Office to review the information provided.
(f) The Secretary shall supply to the Secretary of Health and Human Services—
(1) upon the execution or termination of any master agreement, the name of the manufacturer, and
(2) on a quarterly basis, a list of manufacturers who have entered into master agreements under this section.
(g) (1) Any reference in this section to a provision of the Social Security Act shall be deemed to be a reference to the provision as in effect on November 4, 1992.
(2) A manufacturer is deemed to meet the requirements of subsection (a) if the manufacturer establishes to the satisfaction of the Secretary that the manufacturer would comply (and has offered to comply) with the provisions of this section (as in effect immediately after the enactment of this section), and would have entered into an agreement under this section (as such section was in effect at such time), but for a legislative change in this section after November 4, 1992.
(h) In this section:
(1) The term “change in non-Federal price” means, with respect to a covered drug that is subject to an agreement under this section, an amount equal to—
(A) the non-Federal average manufacturer price of the drug during the 3-month period that ends with the month preceding the month during which a contract goes into effect (or, in the case of a covered drug for which sufficient data for determining the non-Federal average manufacturer price during such period is not available, during such period as the Secretary considers appropriate); minus
(B) the non-Federal average manufacturer price of the drug during the 3-month period that ends one year before the end of the period described in subparagraph (A) (or, in the case of a covered drug for which sufficient data for determining the non-Federal average manufacturer price during such period is not available, during such period preceding the period described in subparagraph (A) as the Secretary considers appropriate).
(2) The term “covered drug” means—
(A) a drug described in section 1927(k)(7)(A)(ii) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act;
(B) a drug described in section 1927(k)(7)(A)(iv) of the Social Security Act, or that would be described in such section but for the application of the first sentence of section 1927(k)(3) of such Act; or
(C) any biological product identified under section 600.3 of title 21, Code of Federal Regulations.
(3) The term “depot” means a centralized commodity management system through which covered drugs procured by an agency of the Federal Government are—
(A) received, stored, and delivered through—
(i) a federally owned and operated warehouse system, or
(ii) a commercial entity operating under contract with such agency; or
(B) delivered directly from the commercial source to the entity using such covered drugs.
(4) The term “manufacturer” means any entity which is engaged in—
(A) the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or
(B) in the packaging, repackaging, labeling, relabeling, or distribution of prescription drug products.
Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law.
(5) The term “non-Federal average manufacturer price” means, with respect to a covered drug and a period of time (as determined by the Secretary), the weighted average price of a single form and dosage unit of the drug that is paid by wholesalers in the United States to the manufacturer, taking into account any cash discounts or similar price reductions during that period, but not taking into account—
(A) any prices paid by the Federal Government; or
(B) any prices found by the Secretary to be merely nominal in amount.
(6) The term “weighted average price” means, with respect to a covered drug and a period of time (as determined by the Secretary) an amount equal to—
(A) the sum of the products of the average price per package unit of each quantity of the drug sold during the period and the number of package units of the drug sold during the period; divided by
(B) the total number of package units of the drug sold during the period.
(i) (1) If the Secretary modifies a multi-year contract described in subsection (d) to include a covered drug of the manufacturer that was not available for inclusion under the contract at the time the contract went into effect, the price of the drug shall be determined as follows:
(A) For the portion of the first contract year during which the drug is so included, the price of the drug shall be determined in accordance with subsection (a)(2), except that the reference in such subsection to “the one-year period beginning on the date the agreement takes effect” shall be considered a reference to such portion of the first contract year.
(B) For any subsequent contract year, the price of the drug shall be determined in accordance with subsection (d), except that each reference in such subsection to “the first year for which the contract is in effect” shall be considered a reference to the portion of the first contract year during which the drug is included under the contract.
(2) In this subsection, the term “contract year” means any one-year period for which a multi-year contract described in subsection (d) is in effect.
(Added Pub. L. 102585, title VI, § 603(a)(1), Nov. 4, 1992, 106 Stat. 4971; amended Pub. L. 10318, § 1(a), Apr. 12, 1993, 107 Stat. 53; Pub. L. 103446, title XII, § 1201(e)(27), (f)(6), Nov. 2, 1994, 108 Stat. 4686, 4687; Pub. L. 104106, div. A, title VII, § 737(a), Feb. 10, 1996, 110 Stat. 383; Pub. L. 105115, title I, § 125(b)(2)(E), Nov. 21, 1997, 111 Stat. 2325.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsecs. (a)(4)(A), (e)(2), (g)(1), and (h)(2)(A), (B), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§ 301 et seq.) of Title 42, The Public Health and Welfare. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42. Section 1927 of the Act is classified to section 1396r8 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The Public Health Service Act, referred to in subsec. (a)(4)(C), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified generally to chapter 6A (§ 201 et seq.) 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. Enactment of this section, referred to in subsec. (g)(2), means enactment of Pub. L. 102585, which enacted this section and was approved Nov. 4, 1992.
Amendments1997—Subsec. (h)(2). Pub. L. 105115 inserted “or” at end of subpar. (B), substituted a period for “; or” at end of subpar. (C), and struck out subpar. (D), which read as follows: “insulin certified under section 506 of the Federal Food, Drug, and Cosmetic Act.” 1996—Subsec. (b)(4). Pub. L. 104106 added par. (4). 1994—Subsec. (e)(1)(A). Pub. L. 103446, § 1201(e)(27)(A), (f)(6)(A), substituted “December 4, 1992” for “30 days after the date of the enactment of this section” and “one-year period” for “1-year period”. Subsec. (f)(2). Pub. L. 103446, § 1201(e)(27)(B), substituted a period for “, and” at end. Subsec. (g)(1), (2). Pub. L. 103446, § 1201(f)(6)(B), substituted “November 4, 1992” for “the date of the enactment of this section”. 1993—Subsec. (a)(2). Pub. L. 10318, § 1(a)(1), struck out “preceding such date” before “as the Secretary considers appropriate”. Subsec. (c). Pub. L. 10318, § 1(a)(2), in introductory provisions, struck out “for calendar quarters” after “subsection (a)(2),”, and in par. (1), struck out “preceding the month during which the contract goes into effect” after “during such period” and substituted “multiplied by” for “increased by”. Subsec. (d)(1). Pub. L. 10318, § 1(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “during any one-year period that follows the first year for which the contract is in effect, the price charged may not exceed the price charged during the preceding one-year period, increased by the percentage increase in the Consumer Price Index for all urban consumers (U.S. city average) between the last months of such one-year periods for which Consumer Price Index data is available; and”. Subsec. (i). Pub. L. 10318, § 1(a)(4), added subsec. (i).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentPub. L. 104106, div. A, title VII, § 737(b), Feb. 10, 1996, 110 Stat. 383, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 603 of the Veterans Health Care Act of 1992 (Public Law 102585; 106 Stat. 4971).”
Effective Date of 1993 AmendmentPub. L. 10318, § 1(b), Apr. 12, 1993, 107 Stat. 54, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if included in the enactment of section 603 of the Veterans Health Care Act of 1992 [Pub. L. 102585].”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 38 U.S.C. § 8128 - Small business concerns owned and controlled by veterans: contracting priority
## Text
(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 Administrator of the Small Business Administration under section 36 of the Small Business Act.
(Added Pub. L. 109461, title V, § 503(a)(1), Dec. 22, 2006, 120 Stat. 3435; amended Pub. L. 116283, div. A, title VIII, § 862(b)(3)(B), Jan. 1, 2021, 134 Stat. 3779.)
## Notes
Editorial Notes
References in TextSection 36 of the Small Business Act, referred to in subsec. (b), is classified to section 657f of Title 15, Commerce and Trade.
Amendments2021—Subsec. (b). Pub. L. 116283 substituted “maintained by the Administrator of the Small Business Administration under section 36 of the Small Business Act” for “maintained by the Secretary under section 8127(f) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116283, div. A, title VIII, § 862(b)(3), Jan. 1, 2021, 134 Stat. 3778, provided that the amendment made by section 862(b)(3)(B) shall take effect on the transfer date, which is 2 years after Jan. 1, 2021, see section 862(a) of Pub. L. 116283, set out as a note under section 657f of Title 15, Commerce and Trade.
Effective DatePub. L. 109461, 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].”
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# 38 U.S.C. § 8129 - Preference for offerors employing veterans
## Text
(a) Preference.— (1) In awarding a contract for the procurement of goods or services, the Secretary may give a preference to offerors that employ veterans on a full-time basis.
(2) The Secretary shall determine such preference based on the percentage of the full-time employees of the offeror who are veterans.
(b) Enforcement Penalties for Misrepresentation.— (1) Any offeror that is determined by the Secretary to have willfully and intentionally misrepresented the veteran status of the employees of the offeror for purposes of subsection (a) may be debarred from contracting with the Department for a period of not less than five years.
(2) If the Secretary carries out a debarment under paragraph (1), the Secretary shall—
(A) commence debarment action against the offeror by not later than 30 days after determining that the offeror willfully and intentionally misrepresented the veteran status of the employees of the offeror as described in paragraph (1); and
(B) complete debarment actions against such offeror by not later than 90 days after such determination.
(3) The debarment of an offeror under paragraph (1) includes the debarment of all principals in the offeror for a period of not less than five years.
(Added Pub. L. 116315, title VII, § 7003(a), Jan. 5, 2021, 134 Stat. 5058.)
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# 38 U.S.C. § 8131 - Definitions
## Text
For the purpose of this subchapter—
(1) The veteran population of each State shall be determined on the basis of the latest figures certified by the Department of Commerce.
(2) The term “State” includes each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) but does not include any possession of the United States.
(3) The term “construction” means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, adult day health, or hospital care in State homes, and the provision of initial equipment for any such buildings.
(4) The term “cost of construction” means the amount found by the Secretary to be necessary for a construction project, including architect fees, but excluding land acquisition costs.
(Added Pub. L. 88450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5031; amended Pub. L. 94581, title II, § 206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 9562, § 3(1), (2), July 5, 1977, 91 Stat. 262; Pub. L. 99576, title II, § 224(d), Oct. 28, 1986, 100 Stat. 3263; renumbered § 8131, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 104262, title III, § 342(b)(1), Oct. 9, 1996, 110 Stat. 3206; Pub. L. 116315, title III, § 3004(c)(1), Jan. 5, 2021, 134 Stat. 4992.)
## Notes
Editorial Notes
Amendments2021—Par. (2). Pub. L. 116315 inserted “includes each Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) but” before “does not”. 1996—Par. (3). Pub. L. 104262 inserted “adult day health,” before “or hospital care”. 1991—Pub. L. 10240 renumbered section 5031 of this title as this section. Par. (4). Pub. L. 10283 substituted “Secretary” for “Administrator”. 1986—Pub. L. 99576 redesignated pars. (a) to (d) as pars. (1) to (4), respectively. 1977—Par. (c). Pub. L. 9562, § 3(1), inserted construction of new domiciliary buildings, expansion, remodeling, or alteration of existing domiciliary and hospital buildings, and provision of initial equipment for any such buildings to definition of “construction”. Par. (d). Pub. L. 9562, § 3(2), struck out provisions which had limited definition of “cost of construction” to the cost of construction of nursing home facilities. 1976—Par. (a). Pub. L. 94581 substituted “veteran” for “war veteran”.
Statutory Notes and Related Subsidiaries
Effective Date of 1986 AmendmentPub. L. 99576, title II, § 224(e), Oct. 28, 1986, 100 Stat. 3263, provided that: “The amendments made by this section [amending this section and sections 5033 and 5035 [now 8133 and 8135] of this title] shall take effect on July 1, 1987.”
Effective Date of 1977 AmendmentPub. L. 9562, § 5, July 5, 1977, 91 Stat. 263, provided that: “(a) Except as provided in subsection (b) of this section, the amendments made by this Act [amending this section and sections 5032 to 5036 [now 8132 to 8136] of this title and repealing section 644 of this title] shall be effective October 1, 1977. “(b)(1) The terms and conditions of any grant made prior to October 1, 1977, under section 644 of title 38, United States Code [former section 644 of this title], and regulations prescribed thereunder, shall remain in full force and effect unless modified, by the mutual agreement of the parties, in accordance with the provisions of subchapter III of chapter 81 of such title, and regulations prescribed thereunder, in effect after September 30, 1977. “(2) With respect to any grant made prior to October 1, 1977, under subchapter III of chapter 81 of such title, the Administrator of Veterans Affairs shall, upon application of a grantee, modify the terms and conditions of such grant to comply with the provisions of such subchapter as amended by this Act, and regulations prescribed thereunder, and shall promptly notify each such grantee of the grantees right to request such modification.”
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
Short Title of 1977 AmendmentFor short title of Pub. L. 9562 as the “State Veterans Home Assistance Improvement Act of 1977”, see section 1 of Pub. L. 9562, set out as a Short Title of 1977 Amendment note under section 101 of this title.
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# 38 U.S.C. § 8132 - Declaration of purpose
## Text
The purpose of this subchapter is to assist the 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. 88450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5032; amended Pub. L. 94581, title II, § 206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 9562, § 3(3), July 5, 1977, 91 Stat. 262; Pub. L. 98528, title I, § 105(1), Oct. 19, 1984, 98 Stat. 2689; renumbered § 8132, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 104262, title III, § 342(b)(2), Oct. 9, 1996, 110 Stat. 3206; Pub. L. 116315, title III, § 3004(c)(2), Jan. 5, 2021, 134 Stat. 4992.)
## Notes
Editorial Notes
Amendments2021—Pub. L. 116315 struck out “several” before “States”. 1996—Pub. L. 104262 inserted “adult day health,” before “or hospital care”. 1991—Pub. L. 10240 renumbered section 5032 of this title as this section. 1984—Pub. L. 98528 inserted “(or to acquire facilities to be used as State home facilities) after “State home facilities”. 1977—Pub. L. 9562 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. 94581 substituted “veterans” for “war veterans”.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentAmendment by Pub. L. 9562 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. 9562, set out as a note under section 8131 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 8133 - Authorization of appropriations
## Text
(a) There are hereby authorized to be appropriated such sums as are necessary to carry out this subchapter. Sums appropriated pursuant to this section shall be used for making grants to States which have submitted, and have had approved by the Secretary, applications for carrying out the purposes and meeting the requirements of this subchapter.
(b) Sums appropriated pursuant to subsection (a) of this section shall remain available until expended.
(Added Pub. L. 88450, § 4(a), Aug. 19, 1964, 78 Stat. 501, § 5033; amended Pub. L. 89311, § 7(a), Oct. 31, 1965, 79 Stat. 1157; Pub. L. 90432, § 2, July 26, 1968, 82 Stat. 448; Pub. L. 9382, title IV, § 403(c), Aug. 2, 1973, 87 Stat. 196; Pub. L. 9562, § 3(4), July 5, 1977, 91 Stat. 262; Pub. L. 96151, title I, § 101(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97251, § 8, Sept. 8, 1982, 96 Stat. 716; Pub. L. 99576, title II, § 224(a), Oct. 28, 1986, 100 Stat. 3262; Pub. L. 101110, § 1(c), Oct. 6, 1989, 103 Stat. 682; Pub. L. 101237, title II, § 201(b), Dec. 18, 1989, 103 Stat. 2066; renumbered § 8133, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102585, title IV, § 402, Nov. 4, 1992, 106 Stat. 4954.)
## Notes
Editorial Notes
Amendments1992—Subsec. (a). Pub. L. 102585 struck out before period at end of first sentence “through September 30, 1992”. 1991—Pub. L. 10240 renumbered section 5033 of this title as this section. Subsec. (a). Pub. L. 10283 substituted “Secretary” for “Administrator”. 1989—Subsec. (a). Pub. L. 101237 substituted “September 30, 1992” for “September 30, 1990”. Pub. L. 101110 substituted “1990” for “1989”. 1986—Subsec. (a). Pub. L. 99576 amended first sentence generally. Prior to amendment, first sentence read as follows: “There is hereby authorized to be appropriated $15,000,000 for fiscal year 1980 and such sums as may be necessary for fiscal year 1981 and for each of the five succeeding fiscal years.” 1982—Subsec. (a). Pub. L. 97251 substituted “for fiscal year 1980 and such sums as may be necessary for fiscal year 1981 and for each of the five succeeding fiscal years” for “for the fiscal year ending September 30, 1978, a like sum for each of the two succeeding fiscal years, and such sums as may be necessary for the fiscal years ending September 30, 1981, and September 30, 1982”. 1979—Subsec. (a). Pub. L. 96151 inserted provisions extending authorization of a like sum from one to two years, and provisions authorizing to be appropriated such sums as necessary for the fiscal years ending Sept. 30, 1981, and Sept. 30, 1982. 1977—Subsec. (a). Pub. L. 9562 substituted “$15,000,000 for the fiscal year ending September 30, 1978, and a like sum for the succeeding fiscal year” for “$5,000,000 for the fiscal year ending June 30, 1965, and a like sum for each of the fourteen succeeding fiscal years” and “applications for carrying out the purposes and meeting the requirements of this subchapter” for “applications for carrying out the purposes of section 5032 of this title”. Subsec. (b). Pub. L. 9562 substituted “shall remain available until expended” for “shall remain available until the end of the second fiscal year following the fiscal year for which they are appropriated”. 1973—Subsec. (a). Pub. L. 9382 substituted “fourteen succeeding fiscal years” for “nine succeeding fiscal years”. 1968—Subsec. (a). Pub. L. 90432 substituted “nine succeeding fiscal years” for “four succeeding fiscal years”. 1965—Subsec. (c). Pub. L. 89311 repealed subsec. (c) which limited to not more than 10 per centum of the funds appropriated pursuant to subsec. (a) of this section the moneys which could be used to assist in the construction of nursing home care facilities in any one State.
Statutory Notes and Related Subsidiaries
Effective Date of 1989 AmendmentPub. L. 101110, § 3(a), Oct. 6, 1989, 103 Stat. 682, provided that: “The provisions of and amendments made by this Act [amending this section and enacting provisions set out as notes under sections 1712, 1720B, and 3729 of this title and under section 6302 of Title 5, Government Organization and Employees] shall take effect as of October 1, 1989.”
Effective Date of 1986 AmendmentAmendment by Pub. L. 99576 effective July 1, 1987, see section 224(e) of Pub. L. 99576, set out as a note under section 8131 of this title.
Effective Date of 1977 AmendmentAmendment by Pub. L. 9562 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. 9562, set out as a note under section 8131 of this title.
Effective Date of 1973 AmendmentAmendment by Pub. L. 9382 effective Sept. 1, 1973, see section 501 of Pub. L. 9382, set out as a note under section 1701 of this title.
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# 38 U.S.C. § 8134 - General regulations
## Text
(a) (1) The Secretary shall prescribe regulations for the purposes of this subchapter.
(2) In those regulations, the Secretary shall prescribe for each State the number of nursing home and domiciliary beds for which assistance under this subchapter may be furnished. Such regulations shall be based on projected demand for such care 10 years after the date of the enactment of the Veterans Millennium Health Care and Benefits Act by veterans who at such time are 65 years of age or older and who reside in that State. In determining such projected demand, the Secretary shall take into account travel distances for veterans and their families.
(3) (A) In those regulations, the Secretary shall establish criteria under which the Secretary shall determine, with respect to an application for assistance under this subchapter for a project described in subparagraph (B) which is from a State that has a need for additional beds as determined under subsections (a)(2) and (d)(1), whether the need for such beds is most aptly characterized as great, significant, or limited. Such criteria shall take into account the availability of beds already operated by the Secretary and other providers which appropriately serve the needs which the State proposes to meet with its application.
(B) This paragraph applies to a project for the construction or acquisition of a new State home facility, a project to increase the number of beds available at a State home facility, and a project to replace beds at a State home facility.
(4) The Secretary shall review and, as necessary, revise regulations prescribed under paragraphs (2) and (3) not less often than every four years.
(b) The Secretary shall prescribe the following by regulation:
(1) General standards of construction, repair, and equipment for facilities constructed or acquired with assistance received under this subchapter.
(2) General standards for the furnishing of care in facilities which are constructed or acquired with assistance received under this subchapter, which standards shall be no less stringent than those standards prescribed by the Secretary pursuant to section 1720(b) of this title.
(c) The Secretary may inspect any State facility constructed or acquired with assistance received under this subchapter at such times as the Secretary deems necessary to insure that such facility meets the standards prescribed under subsection (b)(2).
(d) (1) In prescribing regulations to carry out this subchapter, the Secretary shall provide that in the case of a State that seeks assistance under this subchapter for a project described in subsection (a)(3)(B), the determination of the unmet need for beds for State homes in that State shall be reduced by the number of beds in all previous applications submitted by that State under this subchapter, including beds which have not been recognized by the Secretary under section 1741 of this title.
(2) (A) Financial assistance under this subchapter for a renovation project may only be provided for a project for which the total cost of construction is in excess of $400,000 (as adjusted from time-to-time in such regulations to reflect changes in costs of construction).
(B) For purposes of this paragraph, a renovation project is a project to remodel or alter existing buildings for which financial assistance under this subchapter may be provided and does not include maintenance and repair work which is the responsibility of the State.
(Added Pub. L. 88450, § 4(a), Aug. 19, 1964, 78 Stat. 502, § 5034; amended Pub. L. 89311, § 7(b), Oct. 31, 1965, 79 Stat. 1157; Pub. L. 9382, title IV, § 403(d), Aug. 2, 1973, 87 Stat. 196; Pub. L. 94581, title I, § 107(b), title II, § 206(b), Oct. 21, 1976, 90 Stat. 2847, 2859; Pub. L. 9562, § 3(5), (6), July 5, 1977, 91 Stat. 262; Pub. L. 96330, title IV, § 404, Aug. 26, 1980, 94 Stat. 1052; Pub. L. 98528, title I, § 105(2), Oct. 19, 1984, 98 Stat. 2689; renumbered § 8134, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10254, § 14(f)(6), June 13, 1991, 105 Stat. 288; Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(c)(1), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 106117, title II, § 207(a), Nov. 30, 1999, 113 Stat. 1564.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Veterans Millennium Health Care and Benefits Act, referred to in subsec. (a)(2), is the date of enactment of Pub. L. 106117, which was approved Nov. 30, 1999.
Amendments1999—Subsecs. (a), (b). Pub. L. 106117, § 207(a)(1)(3), added subsec. (a), redesignated former subsec. (a) as (b) and struck out introductory provisions and par. (1) which authorized Secretary to prescribe number of beds needed for adequate nursing home care of veterans, and redesignated former pars. (2) and (3) of subsec. (a) as pars. (1) and (2), respectively, of subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 106117, § 207(a)(1), (4), redesignated subsec. (b) as (c) and substituted “subsection (b)(2)” for “subsection (a)(3)”. Subsec. (d). Pub. L. 106117, § 207(a)(5), added subsec. (d). 1991—Pub. L. 10240 renumbered section 5034 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “1720(b)” for “620(b)” in subsec. (a)(3). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 10254 amended section as in effect immediately before the enactment of Pub. L. 10240 by inserting “(a)” before “Within six months”, substituting “any amendment to this section” for “this section or any amendment to it”, designating sentence at end of par. (3) as subsec. (b), realigning such sentence, and substituting “the standards prescribed under subsection (a)(3)” for “such standards” at end of such sentence. 1984—Pars. (2), (3). Pub. L. 98528 inserted “or acquired” after “constructed” wherever appearing. 1980—Par. (1). Pub. L. 96330 struck out “, which number shall not exceed two and one-half beds per thousand veteran population in the case of any State” after “residing in each State”. 1977—Par. (2). Pub. L. 9562, § 3(5), substituted “repair, and equipment for facilities constructed” for “repairs, modernization, alteration, and equipment for facilities for furnishing nursing home care which are constructed”. Par. (3). Pub. L. 9562, § 3(6), substituted “furnishing of care” for “furnishing of nursing home care”. 1976—Pub. L. 94581 substituted “date of enactment of this section or any amendment to it with respect to such amendment” for “date of enactment of this subchapter” in provisions preceding par. (1), substituted “veterans” and “veteran” for “war veterans” and “war veteran”, respectively, in par. (1), and added par. (3). 1973—Par. (1). Pub. L. 9382 substituted “two and one-half beds” for “one and one-half beds”. 1965—Par. (1). Pub. L. 89311 substituted “one and one-half beds” for “one-half bed”.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentAmendment by Pub. L. 9562 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. 9562, set out as a note under section 8131 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
Effective Date of 1973 AmendmentAmendment by Pub. L. 9382 effective Sept. 1, 1973, see section 501 of Pub. L. 9382, set out as a note under section 1701 of this title.
RegulationsPub. L. 106117, title II, § 207(d), Nov. 30, 1999, 113 Stat. 1567, provided that: “The Secretary [of Veterans Affairs] shall prescribe the initial regulations under subsection (a) of section 8134 of title 38, United States Code, as added by subsection (a), not later than April 30, 2000.”
Transition ProvisionsProvisions of this section in effect on Nov. 10, 1999, to continue in effect after that date with respect to certain applications described in section 8135(b)(2)(A) of this title that are identified in section 207(c)(2) of Pub. L. 106117, see section 207(c) of Pub. L. 106117, set out as a note under section 8135 of this title.
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# 38 U.S.C. § 8136 - Recapture provisions
## Text
(a) If, within the 20-year period beginning on the date of the approval by the Secretary of the final architectural and engineering inspection of any project with respect to which a grant has been made under this subchapter (except that the Secretary, pursuant to regulations which the Secretary shall prescribe, may at the time of such grant provide for a shorter period than 20, but not less than seven, years, based on the magnitude of the project and the grant amount involved, in the case of the acquisition, expansion, remodeling, or alteration of existing facilities), the facilities covered by the project cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing domiciliary, nursing home, or hospital care to veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 65 percent of the then value of such project (but in no event an amount greater than the amount of assistance provided under this subchapter), as determined by agreement of the parties or by action brought in the district court of the United States for the district in which such facilities are situated.
(b) The establishment and operation by the Secretary of an outpatient clinic in facilities described in subsection (a) shall not constitute grounds entitling the United States to any recovery under that subsection.
(Added Pub. L. 88450, § 4(a), Aug. 19, 1964, 78 Stat. 503, § 5036; amended Pub. L. 9382, title IV, § 403(f), Aug. 2, 1973, 87 Stat. 196; Pub. L. 94581, title II, § 206(b), Oct. 21, 1976, 90 Stat. 2859; Pub. L. 9562, § 3(13), July 5, 1977, 91 Stat. 263; Pub. L. 97295, § 4(92), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 98528, title I, § 105(4), Oct. 19, 1984, 98 Stat. 2690; renumbered § 8136, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102585, title IV, § 405, Nov. 4, 1992, 106 Stat. 4954; Pub. L. 106419, title II, § 222, Nov. 1, 2000, 114 Stat. 1845.)
## Notes
Editorial Notes
Amendments2000—Pub. L. 106419 designated existing provisions as subsec. (a) and added subsec. (b). 1992—Pub. L. 102585 substituted “If, within the 20-year period beginning on the date of the approval by the Secretary of the final architectural and engineering inspection of any project” for “If, within 20 years after completion of any project” and “the facilities covered by the project cease” for “such facilities cease”. 1991—Pub. L. 10240 renumbered section 5036 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator” in two places. 1984—Pub. L. 98528 struck out “for construction” after “completion of any project”; inserted “acquisition,” after “in the case of the”; substituted “value of such project” for “value of such construction”; struck out “for such construction” after “assistance provided for”, which amendment was executed by striking out “for such construction” after “assistance provided” as the probable intent of Congress, because “for” appeared only once after “assistance provided”; and substituted “20” for “twenty” in two places. 1982—Pub. L. 97295 substituted “percent” for “per centum”. 1977—Pub. L. 9562 substituted “If, within twenty years after completion of any project for construction with respect to which a grant has been made under this subchapter (except that the Administrator, pursuant to regulations which the Administrator shall prescribe, may at the time of such grant provide for a shorter period than twenty, but not less than seven, years, based on the magnitude of the project and the grant amount involved, in the case of the expansion, remodeling, or alteration of existing facilities), such facilities cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing domiciliary, nursing home, or hospital care to veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 65 per centum of the then value of such construction (but in no event an amount greater than the amount of assistance provided for such construction under this subchapter)” for “If, within twenty years after completion of any project for construction of facilities for furnishing nursing home care with respect to which a grant has been made under this subchapter, such facilities cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing nursing home care to veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 65 per centum of the then value of such facilities”. 1976—Pub. L. 94581 substituted “veterans” for “war veterans”. 1973—Pub. L. 9382 substituted “65 per centum” for “50 per centum”.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentAmendment by Pub. L. 9562 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. 9562, set out as a note under section 8131 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
Effective Date of 1973 AmendmentAmendment by Pub. L. 9382 effective Sept. 1, 1973, see section 501 of Pub. L. 9382, set out as a note under section 1701 of this title.
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# 38 U.S.C. § 8137 - State control of operations
## Text
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. 88450, § 4(a), Aug. 19, 1964, 78 Stat. 503, § 5037; amended Pub. L. 98528, title I, § 105(5), Oct. 19, 1984, 98 Stat. 2690; renumbered § 8137, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10240 renumbered section 5037 of this title as this section. 1984—Pub. L. 98528 inserted “or acquired” after “constructed”.
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# 38 U.S.C. § 8138 - Treatment of certain health facilities as State homes
## Text
(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. 109461, title II, § 211(c)(1), Dec. 22, 2006, 120 Stat. 3420.)
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# 38 U.S.C. § 8151 - Statement of congressional purpose
## Text
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. 89785, title II, § 203, Nov. 7, 1966, 80 Stat. 1373, § 5051; amended Pub. L. 101366, title II, § 202(a), Aug. 15, 1990, 104 Stat. 438; renumbered § 8151, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103210, § 3(a), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 104262, title III, § 301(a), Oct. 9, 1996, 110 Stat. 3191.)
## Notes
Editorial Notes
Amendments1996—Pub. L. 104262 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. 103210 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. 10240 renumbered section 5051 of this title as this section. Pub. L. 10283 substituted “Secretary” for “Administrator” and “Department” for “Veterans Administration”. 1990—Pub. L. 101366 substituted “health-care facilities,” for “hospitals,” in two places.
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# 38 U.S.C. § 8152 - Definitions
## Text
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. 89785, title II, § 203, Nov. 7, 1966, 80 Stat. 1373, § 5052; renumbered § 8152, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 10254, § 14(f)(8), June 13, 1991, 105 Stat. 288; Pub. L. 103210, § 3(b), Dec. 20, 1993, 107 Stat. 2497; Pub. L. 104262, title III, § 301(b), Oct. 9, 1996, 110 Stat. 3191; Pub. L. 107135, title II, § 208(e)(8), Jan. 23, 2002, 115 Stat. 2464.)
## Notes
Editorial Notes
Amendments2002—Par. (1). Pub. L. 107135 inserted “services under sections 1782 and 1783 of this title,” after “of this title),”. 1996—Pub. L. 104262 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. 103210 added par. (3) and redesignated former par. (3) as (4). 1991—Pub. L. 10240 renumbered section 5052 of this title as this section. Pub. L. 10254 amended section as in effect immediately before the enactment of Pub. L. 10240 by redesignating pars. (a), (b), and (c) as pars. (1), (2), and (3), respectively, and by realigning the margins.
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# 38 U.S.C. § 8154 - Exchange of medical information
## Text
(a) The Secretary is authorized to enter into agreements with medical schools, hospitals, research centers, and individual members of the medical profession under which medical information and techniques will be freely exchanged and the medical information services of all parties to the agreement will be available for use by any party to the agreement under conditions specified in the agreement. In carrying out the purposes of this section, the Secretary shall utilize recent developments in electronic equipment to provide a close educational, scientific, and professional link between Department hospitals and major medical centers. Such agreements shall be utilized by the Secretary to the maximum extent practicable to create, at each Department hospital which is a part of any such agreement, an environment of academic medicine which will help such hospital attract and retain highly trained and qualified members of the medical profession.
(b) In order to bring about utilization of all medical information in the surrounding medical community, particularly in remote areas, and to foster and encourage the widest possible cooperation and consultation among all members of the medical profession in such community, the educational facilities and programs established at Department hospitals and the electronic link to medical centers shall be made available for use by the surrounding medical community (including State home facilities furnishing domiciliary, nursing home, or hospital care to veterans). The Secretary may charge a fee for such services (on annual or like basis) at rates which the Secretary determines, after appropriate study, to be fair and equitable. The financial status of any user of such services shall be taken into consideration by the Secretary in establishing the amount of the fee to be paid. Any proceeds to the Government received therefrom shall be credited to the applicable Department medical appropriation.
(c) The Secretary is authorized to enter into agreements with public and nonprofit private institutions, organizations, corporations, and other entities in order to participate in cooperative health-care personnel education programs within the geographical area of any Department health-care facility located in an area remote from major academic health centers.
(Added Pub. L. 89785, title II, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5054; amended Pub. L. 94424, § 1(1), Sept. 28, 1976, 90 Stat. 1332; Pub. L. 94581, title II, §§ 206(d), 210(e)(12), Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96151, title I, § 102(a), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 97251, § 9, Sept. 8, 1982, 96 Stat. 716; renumbered § 8154, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10240 renumbered section 5054 of this title as this section. Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing. 1982—Subsec. (b). Pub. L. 97251 inserted “(including State home facilities furnishing domiciliary, nursing home, or hospital care to veterans)” after “by the surrounding medical community”. 1979—Subsec. (c). Pub. L. 96151 added subsec. (c). 1976—Subsec. (b). Pub. L. 94581 substituted “by the surrounding” for “by surrounding” and “which the Administrator determines” for “which he determines”. Pub. L. 94424 inserted provision that any proceeds to the Government received therefrom shall be credited to the applicable Veterans Administration medical appropriation.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 8155 - Pilot programs; grants to medical schools
## Text
(a) The Secretary may establish an Advisory Subcommittee on Programs for Exchange of Medical Information, of the Special Medical Advisory Group, established under section 7312 of this title, to advise the Secretary on matters regarding the administration of this section and to coordinate these functions with other research and education programs in the Department of Medicine and Surgery. The Assistant Under Secretary for Health charged with administration of the Department of Medicine and Surgery medical research program shall be an ex officio member of this Subcommittee.
(b) The Secretary, upon the recommendation of the Subcommittee, is authorized to make grants to medical schools, hospitals, and research centers to assist such medical schools, hospitals, and research centers in planning and carrying out agreements authorized by section 8154 of this title. Such grants may be used for the employment of personnel, the construction of facilities, the purchasing of equipment when necessary to implement such programs, and for such other purposes as will facilitate the administration of this section.
(c) (1) There is hereby authorized to be appropriated an amount not to exceed $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, and ending September 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979 and for each of the three succeeding fiscal years, for the purpose of developing and carrying out medical information programs under this section on a pilot program basis and for the grants authority in subsection (b) of this section. Pilot programs authorized by this subsection shall be carried out at Department hospitals in geographically dispersed areas of the United States.
(2) Funds authorized under this section shall not be available to pay the cost of hospital, medical, or other care of patients except to the extent that such cost is determined by the Secretary to be incident to research, training, or demonstration activities carried out under this section.
(d) The Secretary, after consultation with the Subcommittee shall prescribe regulations covering the terms and conditions for making grants under this section.
(e) Each recipient of a grant under this section shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and 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.
(f) 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 grant under this section which are pertinent to any such grant.
(Added Pub. L. 89785, title II, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5055; amended Pub. L. 9269, Aug. 6, 1971, 85 Stat. 178; Pub. L. 94424, § 1(2), Sept. 28, 1976, 90 Stat. 1332; Pub. L. 94581, title II, §§ 206(e), 210(e)(13), Oct. 21, 1976, 90 Stat. 2859, 2865; Pub. L. 96151, title I, § 102(b), Dec. 20, 1979, 93 Stat. 1092; renumbered § 8155 and amended Pub. L. 10240, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 103446, title XII, § 1201(d)(19), Nov. 2, 1994, 108 Stat. 4684.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103446 substituted “section 7312” for “section 4112”. 1992—Subsec. (a). Pub. L. 102405 substituted “Under Secretary for Health” for “Chief Medical Director”. 1991—Pub. L. 10240, § 402(b)(1), renumbered section 5055 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Pub. L. 10240, § 402(d)(1), substituted “8154” for “5054”. Subsec. (c)(1). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsecs. (c)(2), (d) to (f). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. 1979—Subsec. (c)(1). Pub. L. 96151 inserted authorization for the three succeeding fiscal years after fiscal year 1979. 1976—Subsec. (a). Pub. L. 94581 substituted “advise the Administrator” for “advise him” and “Assistant Chief Medical Director charged with administration of the Department of Medicine and Surgery medical research program” for “Assistant Chief Medical Director for Research and Education in Medicine”. Subsec. (c)(1). Pub. L. 94424 substituted provisions authorizing appropriations of $3,500,000 for fiscal year 1976; $1,700,000 for the period beginning July 1, 1976, and ending Sept. 30, 1976; $4,000,000 for fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for fiscal year 1979 for provisions authorizing appropriations of $3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975. 1971—Subsec. (c)(1). Pub. L. 9269 substituted provisions authorizing appropriations of amounts up to $3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975, for provisions authorizing appropriations of amounts up to $3,000,000 for each of the first four fiscal years following fiscal year in which this subchapter was enacted.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Veterans Health Services and Research Administration (or to Department of Medicine and Surgery of the Veterans Administration) deemed to refer to Veterans Health Administration pursuant to section 2 of Pub. L. 10240, set out as a Renaming of Veterans Health Services and Research Administration note under section 301 of this title. Reference to Department of Medicine and Surgery deemed to refer to Veterans Health Services and Research Administration of the Department of Veterans Affairs, pursuant to section 10 of Pub. L. 100527, set out as a Department of Veterans Affairs Act note under section 301 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
Termination of Advisory CouncilsAdvisory councils 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 council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. Advisory councils 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 council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
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# 38 U.S.C. § 8156 - Coordination with health services development activities carried out under the National Health Planning and Resources Development Act of 1974
## Text
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. 89785, title II, § 203, Nov. 7, 1966, 80 Stat. 1375, § 5056; amended Pub. L. 94581, title I, § 115(a)(2), Oct. 21, 1976, 90 Stat. 2853; Pub. L. 97295, § 4(93), (95)(A), Oct. 12, 1982, 96 Stat. 1313; renumbered § 8156, Pub. L. 10240, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 10283, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
## Notes
Editorial Notes
References in TextThe National Health Planning and Resources Development Act of 1974, referred to in section catchline, is Pub. L. 93641, Jan. 4, 1975, 88 Stat. 2225, 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. Part F of title XVI of the Public Health Service Act was added by act Jan. 4, 1975, Pub. L. 93641, § 4, 88 Stat. 2273, and was redesignated as Part D by Pub. L. 9679, 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.
Amendments1991—Pub. L. 10240 renumbered section 5056 of this title as this section. Pub. L. 10283 substituted “The Secretary” for “The Administrator”. 1982—Pub. L. 97295, § 4(95)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”. Pub. L. 97295, § 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. 94581 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.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94581 effective Oct. 21, 1976, see section 211 of Pub. L. 94581, set out as a note under section 111 of this title.
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# 38 U.S.C. § 8157 - Joint title to medical equipment
## Text
(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. 102405, title I, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1973.)
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# 38 U.S.C. § 8158 - Deposit in escrow
## Text
(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. 102405, title I, § 103(a)(1), Oct. 9, 1992, 106 Stat. 1974.)
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# 38 U.S.C. § 8159 - Authority to pay for services authorized but not subject to an agreement
## Text
(a) In General.— If, in the course of furnishing hospital care, a medical service, or an extended care service authorized by the Secretary and pursuant to a contract, agreement, or other arrangement with the Secretary, a provider who is not a party to the contract, agreement, or other arrangement furnishes hospital care, a medical service, or an extended care service that the Secretary considers necessary, the Secretary may compensate the provider for the cost of such care or service.
(b) New Contracts and Agreements.— The Secretary shall take reasonable efforts to enter into a contract, agreement, or other arrangement with a provider described in subsection (a) to ensure that future care and services authorized by the Secretary and furnished by the provider are subject to such a contract, agreement, or other arrangement.
(Added Pub. L. 115182, title I, § 112(a), June 6, 2018, 132 Stat. 1421.)
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# 38 U.S.C. § 8161 - Definitions
## Text
For the purposes of this subchapter:
(1) The term “enhanced-use lease” means a written lease entered into by the Secretary under this subchapter.
(2) The term “congressional veterans affairs committees” means the Committees on Veterans Affairs of the Senate and the House of Representatives.
(3) The term “supportive housing” means housing that engages tenants in on-site and community-based support services for veterans or their families that are at risk of homelessness or are homeless. Such term may include the following:
(A) Transitional housing.
(B) Single-room occupancy.
(C) Permanent housing.
(D) Congregate living housing.
(E) Independent living housing.
(F) Assisted living housing.
(G) Other modalities of housing.
(4) The term “lessee” means the party with whom the Secretary has entered into an enhanced-use lease under this subchapter.
(5) The term “major enhanced-use lease” means an enhanced-use lease that includes consideration consisting of an average annual rent of more than $10,000,000.
(Added Pub. L. 10286, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 417; amended Pub. L. 112—154, title II, § 211(a), Aug. 6, 2012, 126 Stat. 1179; Pub. L. 114226, § 3(d), Sept. 29, 2016, 130 Stat. 932.)
## Notes
Editorial Notes
Amendments2016—Pars. (4), (5). Pub. L. 114226 added pars. (4) and (5). 2012—Par. (3). Pub. L. 112154 added par. (3).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentPub. L. 112—154, title II, § 211(k), Aug. 6, 2012, 126 Stat. 1182, provided that “Except as otherwise provided in this section [enacting section 8168 of this title, amending this section and sections 8162, 8164 to 8167, and 8169 of this title, and enacting provisions set out as notes under sections 8162 and 8168 of this title], the amendments made by this section shall take effect on the date of the enactment of this Act [Aug. 6, 2012].
Training and Outreach Regarding AuthorityPub. L. 106117, title II, § 208(f), Nov. 30, 1999, 113 Stat. 1568, provided that: “The Secretary [of Veterans Affairs] shall take appropriate actions to provide training and outreach to personnel at Department [of Veterans Affairs] medical centers regarding the enhanced-use lease authority under subchapter V of chapter 81 of title 38, United States Code. The training and outreach shall address methods of approaching potential lessees in the medical or commercial sectors regarding the possibility of entering into leases under that authority and other appropriate matters.”
Independent Analysis of Opportunities for Use of AuthorityPub. L. 106117, title II, § 208(g), Nov. 30, 1999, 113 Stat. 1568, provided that: “(1) The Secretary [of Veterans Affairs] shall take appropriate actions to secure from an appropriate entity (or entities) independent of the Department [of Veterans Affairs] an analysis (or analyses) of opportunities for the use of the enhanced-use lease authority under subchapter V of chapter 81 of title 38, United States Code. “(2) An analysis under paragraph (1) shall include—“(A) a survey of facilities of the Department for purposes of identifying Department property that presents an opportunity for lease under the enhanced-use lease authority; “(B) an assessment of the feasibility of entering into enhanced-use leases under that authority in the case of any property identified under subparagraph (A) as presenting an opportunity for such lease; and “(C) an assessment of the resources required at the Department facilities concerned, and at the Department Central Office, in order to facilitate the entering into of enhanced-used leases in the case of property so identified. “(3) If as a result of a survey under paragraph (2)(A) an entity carrying out an analysis under this subsection determines that a particular Department property presents no opportunities for lease under the enhanced-use lease authority, the analysis shall include the entitys explanation of that determination. “(4) If as a result of such a survey an entity carrying out an analysis under this subsection determines that certain Department property presents an opportunity for lease under the enhanced-use lease authority, the analysis shall include a single integrated business plan, developed by the entity, that addresses the strategy and resources necessary to implement the plan for all property determined to present an opportunity for such lease.”
Enhanced Use LeasesPub. L. 104110, title II, § 202(c), Feb. 13, 1996, 110 Stat. 771, provided that: “The Secretary shall submit to Congress, not later than March 31, 1997, a report evaluating the operation of the program under subchapter V of chapter 81 of title 38, United States Code.”
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# 38 U.S.C. § 8164 - Authority for disposition of leased property
## Text
(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 Secretarys 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. 10286, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 420; amended Pub. L. 108170, title II, § 202(b), Dec. 6, 2003, 117 Stat. 2047; Pub. L. 108422, 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.)
## Notes
Editorial Notes
Amendments2012—Subsec. (b). Pub. L. 112154 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. 108422 inserted “8118 or” after “rather than under section”. 2003—Subsec. (a). Pub. L. 108170, § 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. 108170, § 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. 108170, § 202(b)(3), substituted “45 days” for “90 days”.
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# 38 U.S.C. § 8165 - Use of proceeds
## Text
(a) (1) Funds received by the Department under an enhanced-use lease and remaining after any deduction from those funds under subsection (b) shall, at the discretion of the Secretary, be deposited in—
(A) the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title; or
(B) the Medical Facilities or Construction, Minor Projects account of the Department to be used to defray the costs of administration, maintenance, repair, and related expenses incurred by the Department with respect to property that is owned by or under the jurisdiction or control of the Department.
(2) Funds received by the Department from a disposal of leased property under section 8164 of this title shall be deposited into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary considers appropriate.
(b) An amount sufficient to pay for any expenses incurred by the Secretary in any fiscal year in connection with an enhanced-use lease shall be deducted from the proceeds of the lease for that fiscal year and may be used by the Secretary to reimburse the account from which the funds were used to pay such expenses. The Secretary may use the proceeds from any enhanced-use lease to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases.
(Added Pub. L. 10286, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 106117, title II, § 208(d), Nov. 30, 1999, 113 Stat. 1568; Pub. L. 107217, § 3(j)(6), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 1087, div. K, title I, § 113(d)(1), Feb. 20, 2003, 117 Stat. 483; Pub. L. 108170, title II, § 202(c), Dec. 6, 2003, 117 Stat. 2048; Pub. L. 108178, § 4(i)(2), Dec. 15, 2003, 117 Stat. 2642; Pub. L. 108422, title IV, § 411(e)(4), Nov. 30, 2004, 118 Stat. 2390; Pub. L. 112—154, title II, § 211(f), Aug. 6, 2012, 126 Stat. 1181; Pub. L. 117168, title VII, § 705(c), Aug. 10, 2022, 136 Stat. 1800.)
## Notes
Editorial Notes
Amendments2022—Subsec. (a)(1). Pub. L. 117168 substituted “shall, at the discretion of the Secretary, be deposited in—” and subpars. (A) and (B) for “shall be deposited in the Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title.” 2012—Subsec. (a)(2). Pub. L. 112154 substituted “into the Department of Veterans Affairs Construction, Major Projects account or Construction, Minor Projects account, as the Secretary considers appropriate” for “in the Department of Veterans Affairs Capital Asset Fund established under section 8118 of this title”. 2004—Subsec. (a)(2). Pub. L. 108422 substituted “Department of Veterans Affairs Capital Asset Fund established under section 8118 of this title” for “nursing home revolving fund”. 2003—Subsec. (a)(1). Pub. L. 1087 substituted “Department of Veterans Affairs Medical Care Collections Fund established under section 1729A of this title” for “Department of Veterans Affairs Health Services Improvement Fund established under section 1729B of this title”. Subsec. (a)(2). Pub. L. 108170, § 202(c)(1), struck out “and remaining after any deduction from such funds under the laws referred to in subsection (c)” after “title”. Subsec. (b). Pub. L. 108170, § 202(c)(2), inserted at end “The Secretary may use the proceeds from any enhanced-use lease to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases.” Subsec. (c). Pub. L. 108178 struck out comma after “of title 40”. Pub. L. 108170, § 202(c)(3), struck out subsec. (c) which read as follows: “Subsection (a) does not affect the applicability of subchapter IV of chapter 5 of title 40 with respect to reimbursement of the Administrator of General Services for expenses arising from any disposal of property under section 8164 of this title.” 2002—Subsec. (c). Pub. L. 107217 substituted “subchapter IV of chapter 5 of title 40” for “section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485) or the Act of June 8, 1896 (40 U.S.C. 485a)”. 1999—Subsec. (a)(1). Pub. L. 106117 added par. (1) and struck out former par. (1) which read as follows: “Of the funds received by the Department under an enhanced-use lease and remaining after any deduction from such funds under subsection (b), 75 percent shall be deposited in the nursing home revolving fund established under section 8116 of this title and 25 percent shall be credited to the Medical Care Account of the Department for the use of the Department facility at which the property is located.”
Statutory Notes and Related Subsidiaries
Effective Date of 2003 AmendmentAmendment by Pub. L. 108178 effective Aug. 21, 2002, see section 5 of Pub. L. 108178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
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# 38 U.S.C. § 8166 - Construction standards
## Text
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. 10286, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 421; amended Pub. L. 108422, title IV, § 417, Nov. 30, 2004, 118 Stat. 2393; Pub. L. 112—154, title II, § 211(g), Aug. 6, 2012, 126 Stat. 1181.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112154 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. 108422 inserted “land use,” after “relating to” in second sentence.
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# 38 U.S.C. § 8167 - Exemption from State and local taxes
## Text
(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. 10286, 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.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112154 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.”
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# 38 U.S.C. § 8168 - Annual reports
## Text
(a) Report on Administration of Leases.— (1) Not later than 120 days after the date of the enactment of the Honoring Americas Veterans and Caring for Camp Lejeune Families Act of 2012 and not less frequently than once each year thereafter, the Secretary shall submit to the congressional veterans affairs committees, the Committees on Appropriations of the House of Representatives and the Senate, and the Committees on the Budget of the House of Representatives and the Senate a report on enhanced-use leases.
(2) Each report under paragraph (1) shall include the following:
(A) Identification of the actions taken by the Secretary to implement and administer enhanced-use leases.
(B) For the most recent fiscal year covered by the report, the amounts deposited into the Medical Care Collection Fund account that were derived from enhanced-use leases.
(C) Identification of the actions taken by the Secretary using the amounts described in subparagraph (B).
(D) Documents of the Department supporting the contents of the report described in subparagraphs (A) through (C).
(b) Report on Lease Consideration.— (1) Each year, as part of the annual budget submission of the President to the congressional veterans affairs committees, the Committees on Appropriations of the House of Representatives and the Senate, and the Committees on the Budget of the House of Representatives and the Senate under section 1105(a) of title 31, the Secretary shall submit to the congressional veterans affairs committees, the Committees on Appropriations of the House of Representatives and the Senate, and the Committees on the Budget of the House of Representatives and the Senate a detailed report of the consideration received by the Secretary for each enhanced-use lease under this subchapter.
(2) Each report under paragraph (1) shall include the following with respect to each enhanced-use lease covered by the report:
(A) An overview of how the Secretary is using consideration received by the Secretary under the lease to support veterans.
(B) The amount of consideration received by the Secretary under the lease.
(C) The amount of any revenues collected by the Secretary relating to the lease not covered by subparagraph (B), including a description of any in-kind assistance or services provided by the lessee to the Secretary or to veterans under an agreement entered into by the Secretary pursuant to any provision of law.
(D) The costs to the Secretary of carrying out the lease.
(E) Documents of the Department supporting the contents of the report described in subparagraphs (A) through (D).
(Added Pub. L. 112—154, title II, § 211(i)(1), Aug. 6, 2012, 126 Stat. 1181; amended Pub. L. 114226, § 3(c)(2), Sept. 29, 2016, 130 Stat. 931.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Honoring Americas Veterans and Caring for Camp Lejeune Families Act of 2012, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 112154, which was approved Aug. 6, 2012.
Prior ProvisionsA prior section 8168, added Pub. L. 10286, 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. 105114, title II, § 205(b)(1), Nov. 21, 1997, 111 Stat. 2288.
Amendments2016—Pub. L. 114226, § 3(c)(2)(A), substituted “to the congressional veterans affairs committees, the Committees on Appropriations of the House of Representatives and the Senate, and the Committees on the Budget of the House of Representatives and the Senate” for “to Congress” wherever appearing. Subsec. (a). Pub. L. 114226, § 3(c)(2)(B), designated existing provisions as par. (1), substituted “a report on enhanced-use leases.” for “a report identifying the actions taken by the Secretary to implement and administer enhanced-use leases.”, and added par. (2). Subsec. (b). Pub. L. 114226, § 3(c)(2)(C), designated existing provisions as par. (1), substituted “this subchapter.” for “this subchapter, along with an overview of how the Secretary is utilizing such consideration to support veterans.”, and added par. (2).
Statutory Notes and Related Subsidiaries
Elements of Initial ReportPub. 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) [and prior to amendment by Pub. L. 114226], 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.”
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# 38 U.S.C. § 8169 - Repealed. Pub. L. 117168, title VII, § 705(d), Aug. 10, 2022, 136 Stat. 1800]
## Notes
Section, added Pub. L. 10286, title IV, § 401(a), Aug. 14, 1991, 105 Stat. 422; amended Pub. L. 103452, title I, § 103(d), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104110, title I, § 101(k), Feb. 13, 1996, 110 Stat. 769; Pub. L. 105114, title II, § 205(a), Nov. 21, 1997, 111 Stat. 2288; Pub. L. 106117, title II, § 208(e), Nov. 30, 1999, 113 Stat. 1568; Pub. L. 112—154, title II, § 211(j), Aug. 6, 2012, 126 Stat. 1182, provided that the authority of the Secretary to enter into enhanced-use leases under this subchapter would expire on Dec. 31, 2023.
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# 38 U.S.C. § 8171 - Definitions
## Text
In this subchapter:
(1) The term “appropriate congressional committees” means—
(A) the Committee on Veterans Affairs and the Committee on Appropriations of the Senate; and
(B) the Committee on Veterans Affairs and the Committee on Appropriations of the House of Representatives.
(2) The term “information technology” has the meaning given that term in section 11101 of title 40.
(3) (A) The term “information technology project” means a project or program of the Department (including a project or program of any element of the Department) for, or including, the acquisition or implementation of information technology.
(B) In cases where the Secretary transmits to the Director of the Office of Management and Budget information regarding information technology investments, which may consist of individual or multiple projects, the term “information technology project” refers to an individual project or program or a grouping of multiple projects or programs resulting in the acquisition or implementation of discrete information technology.
(4) The term “life cycle costs” means all direct and indirect costs to acquire, implement, operate, and maintain information technology, including with respect to costs of any element of the Department.
(5) The term “major information technology project” means an information technology project if—
(A) the project is designated by the Secretary, the Chief Information Officer of the Department, or the Director of the Office of Management and Budget as a major information technology investment, as defined in section 11302 of title 40; or
(B) the dollar value of the project is estimated by the Secretary to exceed—
(i) $1,000,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) for the total life cycle costs of the project; or
(ii) $200,000,000 (as adjusted for inflation pursuant to section 1908 of title 41) annually.
(6) The term “business owner” means, with respect to an information technology project, the program manager, project manager, or other supervisory official of the Department responsible for the project.
(Added Pub. L. 117328, div. U, title IV, § 403(a), Dec. 29, 2022, 136 Stat. 5486.)
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# 38 U.S.C. § 8172 - Management of major information technology projects
## Text
(a) Cost, Schedule, and Performance Information.— (1) The Secretary shall, acting through the Chief Information Officer of the Department, submit to the appropriate congressional committees a report containing information on the cost, schedule, and performance of each major information technology project that begins after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, as generated by the business owner of the project, prior to the commencement of such project.
(2) Each report submitted under paragraph (1) for a project shall include, with respect to such project, the following:
(A) An estimate of acquisition costs, implementation costs, and life cycle costs.
(B) An intended implementation schedule indicating significant milestones, initial operating capability, and full operating capability or completion.
(C) Key business, functional, and performance objectives.
(b) Baseline.— (1) The Secretary shall use the information on the cost, schedule, and performance of a major information technology project included in the report under subsection (a) as the baseline against which changes or variances are measured during the life cycle of such project.
(2) The Secretary shall—
(A) annually update the baseline of a major information technology project pursuant to subsection (c); and
(B) include such updated baseline in the documents providing detailed information on the budget for the Department that the Secretary submits to Congress in conjunction with the Presidents budget submission pursuant to section 1105 of title 31.
(c) Changes and Variances.— (1) Not later than 60 days after the date on which the Secretary identifies a change or variance described in paragraph (2) in the cost, schedule, or performance of a major information technology project, the Secretary, acting through the Chief Information Officer, shall submit to the appropriate congressional committees a notification of such change or variance, including a description and explanation for such change or variance.
(2) A change or variance in the cost, schedule, or performance of a major information technology project described in this paragraph is—
(A) with respect to the acquisition, implementation, or life cycle cost of the project, or development increment therein, a change or variance that is 10 percent or greater compared to the baseline;
(B) with respect to the schedule for a development increment or for achieving a significant milestone, initial operating capability, or full operating capability, or for the final completion of the project, a change or variance that is 180 days or greater compared to the baseline; or
(C) with respect to the performance, an instance where a key business, functional, or performance objective is not attained, or is not anticipated to be attained, in whole or in part.
(d) Management.— The Secretary shall ensure that each major information technology project is managed by an interdisciplinary team consisting of the following:
(1) A project manager who—
(A) (i) is certified in project management at level three by—
(I) the Department;
(II) the Federal Acquisition Institute pursuant to section 1201 of title 41; or
(III) the Department of Defense pursuant to section 1701a of title 10; or
(ii) holds an equivalent certification by a private sector project management certification organization, as determined appropriate by the Secretary; and
(B) is an employee of the Office of Information and Technology of the Department or an employee of an element of the Department at which the project originates.
(2) A functional lead who is an employee of the element of the Department at which the project originates.
(3) A technical lead who is an employee of the Office of Information and Technology of the Department.
(4) A contracting officer.
(5) Sufficient other project management, functional, technical, and procurement personnel as the Secretary determines appropriate.
(Added Pub. L. 117328, div. U, title IV, § 403(a), Dec. 29, 2022, 136 Stat. 5486.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsec. (a)(1), is the date of enactment of div. U of Pub. L. 117328, which was approved Dec. 29, 2022.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 117328, div. U, title IV, § 403(c)(1), (3), Dec. 29, 2022, 136 Stat. 5490, provided that: “(1) Current and new major projects.—Except as specifically provided in subsection (a) of section 8172 of title 38, United States Code, as added by subsection (a) of this section, such section 8172 shall apply with respect to major information technology projects that begin before, on, or after the date of the enactment of this Act [Dec. 29, 2022]. “(3) Definitions.—In this subsection [enacting this note and provisions not set out in the Code], the terms appropriate congressional committees and major information technology project have the meanings given those terms in section 8171 of title 38, United States Code, as added by subsection (a) of this section.”
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# 38 U.S.C. § 8173 - Information technology activities of the Financial Services Center
## Text
(a) Management.— Consistent with sections 11302 and 11319 of title 40—
(1) the Chief Information Officer of the Department shall—
(A) exercise authority over the management, governance, and oversight processes relating to existing or proposed information technology of the Financial Services Center of the Department, or such successor office; and
(B) supervise the information technology employees and contractors of the Financial Services Center; and
(2) the Director of the Financial Services Center of the Department, or the head of such successor office, may not enter into a contract or other agreement for information technology or information technology services unless the contract or other agreement has been reviewed and approved by the Chief Information Officer.
(b) Oversight.— The Chief Information Officer shall have oversight and operational authority over all information security practices of the Financial Services Center of the Department.
(Added Pub. L. 117328, div. U, title IV, § 403(a), Dec. 29, 2022, 136 Stat. 5488.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 117328, div. U, title IV, § 403(d), Dec. 29, 2022, 136 Stat. 5490, provided that: “(1) Effective date.—Section 8173 of such title, as added by subsection (a), shall take effect on the date of the enactment of this Act [Dec. 29, 2022]. “(2) Applicability.—Subsection (a)(2) of such section shall apply with respect to contracts and agreements entered into on or after the date of the enactment of this Act.”
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# 38 U.S.C. § 8174 - Submission of annual reviews of information technology
## Text
(a) In General.— The Secretary, acting through the Chief Information Officer of the Department, shall submit to the appropriate congressional committees each annual review of the information technology portfolio of the Department conducted pursuant to section 11319(d)(3) of title 40.
(b) First Submission.— The first annual review submitted under subsection (a) shall include a copy of each previous annual review conducted under section 11319(d)(3) of title 40.
(Added Pub. L. 117328, div. U, title IV, § 403(a), Dec. 29, 2022, 136 Stat. 5488.)
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# 38 U.S.C. § 8175 - Information technology matters to be included in budget justification materials for the Department
## Text
(a) List of Information Technology Projects in Effect.— The Secretary shall ensure that whenever the budget justification materials are submitted to Congress in support of the Department budget for a fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31), such budget justification materials include a list of every information technology project currently in effect at the Department (including not only congressional projects and subprojects as determined by the Director of the Office of Management and Budget or the Secretary).
(b) Prioritized List of Unfunded Projects.— (1) In addition to the list included in the budget justification materials required by subsection (a), the Secretary shall ensure that the budget justification materials described in such subsection also include summary descriptions and a prioritized list, in rank order, of every information technology project of the Department, proposed or intended to be proposed for the following one, two, or three fiscal years, that is unfunded as of the time of the inclusion of the list under this paragraph.
(2) In producing the list required by paragraph (1), the Secretary shall—
(A) ensure such list represents a ranking of all proposed information technology projects that reflects the needs of all elements of the Department;
(B) produce one unified list for the entire Department demonstrating how the various proposed information technology projects of each of the elements of the Department rank in priority with the information technology projects of the other elements of the Department; and
(C) ensure that the list—
(i) does not disaggregate and rank information technology projects based on element of the Department; and
(ii) does identify the element of the Department requesting the information technology project.
(3) (A) In producing each list under paragraph (1), the Secretary shall prioritize and rank each information technology project based on an assessment of each of the following factors:
(i) Degree of collaboration between business owners and the Chief Information Officer with respect to joint functional-technical planning, requirements, and management.
(ii) Operational or efficiency benefits to employees of the Department created or produced by the information technology project.
(iii) The life cycle cost of the information technology project.
(iv) The cost savings or cost avoidance yielded by the information technology project.
(v) Time to completion of the information technology project.
(vi) The difficulty of the information technology project, the likelihood the information technology project will be completed, or the risks associated with undertaking the information technology project.
(vii) Tangible benefits to veterans created or produced by the information technology project.
(viii) Such other factors as the Secretary considers appropriate.
(B) The Secretary shall ensure that each list produced under paragraph (1) includes, for each information technology project included in the list, a brief description of the findings of the Secretary with respect to each assessment carried out by the Secretary for each factor for the information technology project under subparagraph (A).
(c) Projected Funding Needs.— (1) In addition to the matters included under subsections (a) and (b), the Secretary shall ensure that the budget justification materials described in subsection (a) also include a projection of the one-year, two-year, and three-year funding needs of the Department for information technology, disaggregated by—
(A) portfolio; and
(B) the product line of the Department that requires the funding.
(2) In addition to the projections under paragraph (1), with respect to each of the periods set forth in such paragraph, the Secretary shall include a description of the funding required for each technology business management category used by the Office of Information Technology of the Department (commonly referred to as “cost pools” and “towers”).
(Added Pub. L. 117328, div. U, title IV, § 403(a), Dec. 29, 2022, 136 Stat. 5488.)
## Notes
Statutory Notes and Related Subsidiaries
Effective Date of Subsection (c)Pub. L. 117328, div. U, title IV, § 403(e), Dec. 29, 2022, 136 Stat. 5491, provided that: “Subsection (c) of section 8175 of such title [meaning title 38, United States Code], as added by subsection (a) of this section, shall take effect on the first Monday in the second January beginning after the date of the enactment of this Act [Dec. 29, 2022].”