§ 7802. Duties of Secretary with respect to Service

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 7802

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1248, § 4202

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1248, § 4202

2. 1959

   Pub. L. 86–109 § 1 · 73 Stat. 258

   Changed · 38 U.S.C. § 7802(3)

   Pub. L. 86–109 required the Service to pay reasonable charges, as determined by the Administrator, for the use of space, buildings, and structures furnished by the Veterans’ Administration and authorized reduction of waiver of the charges when payment thereof would impair the working capital required by the Service

   Source evidence

   Code amendment note
   Par. (3). Pub. L. 86–109 required the Service to pay reasonable charges, as determined by the Administrator, for the use of space, buildings, and structures furnished by the Veterans’ Administration and authorized reduction of waiver of the charges when payment thereof would impair the working capital required by the Service.

3. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 title II § 210(d) · 90 Stat. 2842

   Substituted · 38 U.S.C. § 7802(3); 38 U.S.C. § 7802(9); 38 U.S.C. § 7802(10); 38 U.S.C. § 7802(11)

   Pub. L. 94–581 substituted “the Administrator” for “he” in pars. (3), (9), (10), and (11)

   Source evidence

   Code amendment note
   Pars. (3), (9), (10), (11). Pub. L. 94–581 substituted “the Administrator” for “he” in pars. (3), (9), (10), and (11).

   Enacted provision · exact public law section
   (d) Chapter 75 of title 38, United States Code is amended by striking out “he” each place it appears in clauses (3), (9), (10), and (11) of section 4202 and inserting in lieu thereof “the Administrator”.

   Effective date note
   Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.

4. 1982

   Pub. L. 97–295 § 4(88)(A) · 96 Stat. 1287

   1. Substituted · 38 U.S.C. § 7802(5)

      Pub. L. 97–295, § 4(88)(A), substituted reference to provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5 for reference to the civil-service laws and the Classification Act of 1949

   2. Substituted · 38 U.S.C. § 7802(5)

      Pub. L. 97–295, § 4(88)(A), substituted provision that the relevant employees are subject to the provisions of title 5 relating to a preference eligible described in section 2108(3) of title 5, subchapter I of chapter 81 of title 5, and subchapter III of chapter 83 of title 5 for provision that such employees were subject to the Veterans’ Preference Act of 1944, the Civil Service Retirement Act, and laws administered by the Bureau of Employees’ Compensation applicable to civilian employees of the United States

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 97–295, § 4(88)(A), substituted reference to provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5 for reference to the civil-service laws and the Classification Act of 1949, and substituted provision that the relevant employees are subject to the provisions of title 5 relating to a preference eligible described in section 2108(3) of title 5, subchapter I of chapter 81 of title 5, and subchapter III of chapter 83 of title 5 for provision that such employees were subject to the Veterans’ Preference Act of 1944, the Civil Service Retirement Act, and laws administered by the Bureau of Employees’ Compensation applicable to civilian employees of the United States.

   Enacted provision · exact public law section
   (A) in clause (5), by striking out “without regard to” and all that follows through the semicolon and substituting “without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and 5 USC 5101 et seq., 5331. subchapter III of chapter 53 of title 5. Those employees are subject to the provisions of title 5 relating to a preference eligible described in section 2108(3) of title 5, subchapter I of 5 USC 8101, 8331. chapter 81 of title 5, and subchapter III of chapter 83 of title 5;”; and

5. 1982

   Pub. L. 97–295 § 4(88)(B) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 7802(11)

   Pub. L. 97–295, § 4(88)(B), substituted “section 1 of the Act of January 31, 1925 (7 U.S.C. 2217), and section 1 (1st proviso under heading ‘OFFICE OF THE SECRETARY’) of the Act of May 11, 1922 (7 U.S.C. 2240)” for “sections 521 and 543 of title 5”

   Source evidence

   Code amendment note
   Par. (11). Pub. L. 97–295, § 4(88)(B), substituted “section 1 of the Act of January 31, 1925 (7 U.S.C. 2217), and section 1 (1st proviso under heading ‘OFFICE OF THE SECRETARY’) of the Act of May 11, 1922 (7 U.S.C. 2240)” for “sections 521 and 543 of title 5”.

   Enacted provision · exact public law section
   (B) in clause (11), by striking out “sections 521 and 543 of title 5” and substituting “section 1 of the Act of January 31, 1925 (7 U.S.C. 2217), and section 1 (1st proviso under heading ‘OFFICE OF THE SECRETARY’) of the Act of May 11, 1922 (7 U.S.C. 2240)”.

6. 1986

   Pub. L. 99–576 title VII § 702(13) · 100 Stat. 3248

   Struck · 38 U.S.C. § 7802(11)

   Pub. L. 99–576 struck out “and without regard to the provisions of section 1 of the Act of January 31, 1925 (7 U.S.C. 2217), and section 1 (1st proviso under heading ‘OFFICE OF THE SECRETARY’) of the Act of May 11, 1922 (7 U.S.C. 2240),” after “as the Administrator may deem appropriate,”

   Source evidence

   Code amendment note
   Par. (11). Pub. L. 99–576 struck out “and without regard to the provisions of section 1 of the Act of January 31, 1925 (7 U.S.C. 2217), and section 1 (1st proviso under heading ‘OFFICE OF THE SECRETARY’) of the Act of May 11, 1922 (7 U.S.C. 2240),” after “as the Administrator may deem appropriate,”.

   Enacted provision · exact public law section
   (13) Section 4202(11) is amended by striking out “and without regard” and all that follows through “(7 U.S.C. 2240),”.

7. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(a) · 105 Stat. 187

   Changed · 38 U.S.C. § 7802

   Pub. L. 102–40, § 402(a), (b)(1), renumbered section 4202 of this title as this section

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(a), (b)(1), renumbered section 4202 of this title as this section.

   Enacted provision · exact public law section
   (a) Transfer of Chapter 75.— Chapter 75 is transferred to the end of part V and is redesignated as chapter 78.

8. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7802(11)

   Pub. L. 102–40, § 402(d)(1), substituted “7803” for “4203”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(d)(1), substituted “7803” for “4203”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

9. 1991

   Pub. L. 102–54 § 14(e)(7) · 105 Stat. 267

   Substituted · 38 U.S.C. § 7802(6)

   Pub. L. 102–54 amended par. (6) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “section 3709 of the Revised Statutes (41 U.S.C. 5)” for “section 5 of title 41”

   Source evidence

   Code amendment note
   Par. (6). Pub. L. 102–54 amended par. (6) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “section 3709 of the Revised Statutes (41 U.S.C. 5)” for “section 5 of title 41”.

   Enacted provision · exact public law section
   (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4).

10. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in section catchline and in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in section catchline and in introductory provisions.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

11. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802(1)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

12. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802(3)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

13. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802(3)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

14. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802(4); 38 U.S.C. § 7802(5)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Pars. (4), (5). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

15. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802(9); 38 U.S.C. § 7802(10)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Pars. (9), (10). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

16. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802(11)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Par. (11). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

17. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7802(11)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

18. 2003

    Pub. L. 108–170 title III § 304 · 117 Stat. 2042

    1. Struck · 38 U.S.C. § 7802

       Pub. L. 108–170 struck out introductory provisions which read “The Secretary shall—”

    2. Substituted · 38 U.S.C. § 7802

       Pub. L. 108–170 substituted period for semicolon at end of pars. (1) to (10)

    3. Inserted · 38 U.S.C. § 7802

       Pub. L. 108–170 inserted last two sentences in par. (5)

    4. Redesignated · 38 U.S.C. § 7802

       Pub. L. 108–170 redesignated pars. (1) to (11) as subsecs. (a) to (k), respectively, and realigned margins

    5. Inserted · 38 U.S.C. § 7802

       Pub. L. 108–170 inserted headings in subsecs. (a) to (k)

    6. Inserted · 38 U.S.C. § 7802

       Pub. L. 108–170 inserted “The Secretary shall” after heading in subsecs. (a) to (g) and (i) and “The Secretary may” after heading in subsecs. (h), (j), and (k)

    Source evidence

    Code amendment note
    Pub. L. 108–170 struck out introductory provisions which read “The Secretary shall—”, substituted period for semicolon at end of pars. (1) to (10), inserted last two sentences in par. (5), redesignated pars. (1) to (11) as subsecs. (a) to (k), respectively, and realigned margins, inserted headings in subsecs. (a) to (k), and inserted “The Secretary shall” after heading in subsecs. (a) to (g) and (i) and “The Secretary may” after heading in subsecs. (h), (j), and (k).

    Enacted provision · exact public law section
    SEC. 304. COVERAGE OF EMPLOYEES OF VETERANS’ CANTEEN SERVICE UNDER ADDITIONAL EMPLOYMENT LAWS. (a) Coverage.— Paragraph (5) of section 7802 is amended by inserting before the semicolon a period and the following: “An employee appointed under this section may be considered for appointment to a Department position in the competitive service in the same manner that a Department employee in the competitive service is considered for transfer to such position. An employee of the Service who is appointed to a Department position in the competitive service under the authority of the preceding sentence may count toward the time-in-service requirement for a career appointment in such position any previous period of employment in the Service”. (b) Technical Amendments.— Such section is further amended— (1) by striking the semicolon at the end of each of paragraphs (1) through (10) and inserting a period; (2) by striking “The Secretary” and all that follows through “(1) establish,” and inserting “(a) Locations for Canteens.—The Secretary shall establish,”; (3) by redesignating paragraphs (2) through (11) as subsections (b) through (k), respectively, and by realigning those subsections (as so redesignated) so as to be flush to the left margin; (4) in subsection (b) (as so redesignated), by inserting “Warehouses and Storage Depots.—The Secretary shall” before “establish”; (5) in subsection (c) (as so redesignated), by inserting “Space, Buildings, and Structures.—The Secretary shall” before “furnish”; (6) in subsection (d) (as so redesignated), by inserting “Equipment, Services, and Utilities.—The Secretary shall” before “transfer”; (7) in subsection (e) (as so redesignated and as amended by subsection (a)), by inserting “Personnel.—The Secretary shall” before “employ”; (8) in subsection (f) (as so redesignated), by inserting “Contracts and Agreements.—The Secretary shall” before “make all”; (9) in subsection (g) (as so redesignated), by inserting “Prices.—The Secretary shall” before “fix the”; (10) in subsection (h) (as so redesignated), by inserting “Gifts and Donations.—The Secretary may” before “accept”; (11) in subsection (i) (as so redesignated), by inserting “Rules and Regulations.—The Secretary shall” before “make such”; (12) in subsection (j) (as so redesignated), by inserting “Delegation.—The Secretary may” before “delegate such”; and (13) in subsection (k) (as so redesignated), by inserting “Authority To Cash Checks, Etc.—The Secretary may” before “authorize”.

19. 2011

    Pub. L. 111–350 § 5(j)(5) · 124 Stat. 3677

    Substituted · 38 U.S.C. § 7802(f)

    Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.

    Enacted provision · exact public law section
    (5) In section 7802(f), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”.

23 of 25 references resolved to an enrolled provision · 2 partial