§ 8201. Coordination with public health programs; administration

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. 1972

   Veterans’ Administration Medical School Assistance and Health Manpower Training Act of 1972

   Pub. L. 92–541 § 2(a) · 86 Stat. 1100

   Enacted · 38 U.S.C. § 8201

   Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1101, § 5070

   Source evidence

   Code source credit
   Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1101, § 5070

   Enacted provision · exact public law section
   (a) Part VI of title 38, United States Code, is amended by inserting immediately after chapter 81 the following new chapter— “Chapter 82— ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS TO AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING INSTITUTIONS “Sec. “5070. Coordination with public health programs; administration. “SUBCHAPTER I— PILOT PROGRAM FOR ASSISTANCE IN THE ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS “5071. Declaration of purpose. “5072. Authorization of appropriations. “5073. Pilot program assistance. “5074. Limitations. “SUBCHAPTER II— GRANTS TO AFFILIATED MEDICAL SCHOOLS “5081. Declaration of purpose. “5082. Authorization of appropriations. “5083. Grants. “SUBCHAPTER III— ASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED WITH THE VETERANS’ ADMINISTRATION TO INCREASE THE PRODUCTION OF PROFESSIONAL AND OTHER HEALTH PERSONNEL “5091. Declaration of purpose. “5092. Definition. “5093. Grants. “SUBCHAPTER IV— EXPANSION OF VETERANS’ ADMINISTRATION HOSPITAL EDUCATION AND TRAINING CAPACITY “5090. Expenditures to remodel and make special allocations to Veterans’ Administration hospitals for health manpower education and training. “§5070. Coordination with public health programs; administration “(a) The Administrator and the Secretary of Health, Education, and Welfare shall, to the maximum extent practicable, coordinate the programs carried out under this chapter and the programs carried out under section 309 and titles VII, VIII, and IX of the Public Health Service Act. 42 USC 242g, 292, 296, 299. “(b) The Administrator may not enter into any agreement under subchapter I of this chapter or make any grant or provide other assistance under subchapter II or III of this chapter after the end of the 72 Stat. 1253; 78 Stat. 501. 38 USC 5011, 5031. Regulations. seventh calendar year after the calendar year in which this chapter takes effect. “(c) The Administrator, after consultation with the special medical advisory committee established pursuant to section 4112(a) of this title, shall prescribe regulations covering the terms and conditions for 72 Stat. 1247; 80 Stat. 1370. 38 USC 4112. Payments. entering into agreements and making grants under this chapter. “(d) Payments made pursuant to grants under this chapter may be made in installments, and either in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Administrator may determine. “(e) in making grants under this chapter, the Administrator shall give special consideration to applications from institutions which provide reasonable assurances, which shall be included in the grant agreement, that priority for admission to health manpower and training programs carried out by such institutions will be given to otherwise qualified veterans who during their military service acquired medical military occupation specialties, and that among such qualified veterans those who served during the Vietnam era and those who are entitled to disability compensation under laws administered by the Veterans’ Administration or whose discharge or release was for a disability incurred or aggravated in line of duty will be given the highest 80 Stat. 1368. 38 USC 4101. priority. In carrying out this chapter and section 4101(b) of this title in connection with health manpower and training programs assisted or conducted under this title or in affiliation with a Veterans’ Administration medical facility, the Administrator shall take appropriate steps to encourage the institutions involved to afford the priorities described in the first sentence of this subsection and to advise all qualified veterans with such medical military occupation specialties of the steps he lias taken under this subsection and the opportunities available to them as a result of such steps. “(f) (1) Each recipient, of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose, the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is made or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit. “(2) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents. papers, and records of the recipient of any assistance under this chapter which are pertinent to such assistance. “SUBCHAPTER I— PILOT PROGRAM FOR ASSISTANCE IN THE ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS “§ 5071. Declaration of purpose “The purpose of this subchapter is to authorize the Administrator to implement a pilot program under which he may provide assistance in the establishment of new State medical schools at colleges or universities which are primarily supported by the States in which they are located if such schools are located in proximity to, and operated in conjunction with, Veterans’ Administration medical facilities. “§ 5072. Authorization of appropriations “(a) There is authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1973, and a like sum for each of the six succeeding fiscal years. Sums appropriated pursuant to this section shall be used for making grants pursuant to section 5073 of this title. “(b) Sums appropriated pursuant to subsection (a) of this section shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated. “§ 5073. Pilot program assistance “(a) Subject to subsection (b) of this section, the Administrator may enter into an agreement to provide to any college or university which is primarily supported by the State in which it is located (hereinafter in this subchapter referred to as ‘institution’) the following assistance to enable such institution to establish a new medical school: “(1) The leasing to the institution, for such consideration and under such terms and conditions as the Administrator deems appropriate, of such land, buildings, and structures (including equipment therein) under the control and jurisdiction of the Vet- erans’ Administration as may be necessary for such school. The three-year limitation on the term of a lease in section 5012(a) of this title shall not apply with respect to any lease entered into 72 Stat. 1253 38 USC 5012. pursuant to this paragraph. Any lease made pursuant to this subchapter may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section 321 of the Act entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes’, approved June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a 47 Stat. 412. lease made pursuant to this subchapter may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease. “(2) The extension, alteration, remodeling, improvement, or repair of buildings and structures (including, as part of a lease made under paragraph (1), the provision of equipment) provided under paragraph (1) to the extent necessary to make them suitable for use as medical school facilities. “(3) The making of grants to assist the institution to pay the cost of the salaries of the faculty of such school during the initial twelve-month period of operation of the school and the next six such twelve-month periods, but payment under this paragraph may not exceed an amount equal to— “(A) 90 per centum of the cost of faculty salaries during the first twelve-month period of operation, “(B) 90 per centum of such cost during the second such period, “(C) 90 per centum of such cost during the third such period, “(D) 80 per centum of such cost during the fourth such period, “(E) 70 per centum of such cost during the fifth such period, “(F) 60 per centum of such cost during the sixth such period, and “(G) 50 per centum of such cost during the seventh such period. “(b) (1) The Administrator may not enter into any agreement under subsection (a) of this section unless he finds, and the agreement includes satisfactory assurances, that— “(A) there will be adequate State or other financial support for the proposed school; “(B) the overall plans for the school meet such professional and other standards as the. Administrator deems appropriate; “(C) the school will maintain such arrangements with the Veterans’ Administration medical facility with which it is associated (including but not limited to such arrangements as may be made under subchapter IV of chapter 81 of this title) as will be mutually 80 Stat. 1373; 85 Stat. 178. 38 USC 5051. beneficial in the carrying out of the mission of the medical facility and the school: and “(D) on the basis of consultation with the appropriate accreditation body or bodies approved for such purpose by the Commissioner of Education of the Department of Health, education, and Welfare, there is reasonable assurance, that, with the aid of an agreement under subsection (a) of this section, such school will meet the accreditation standards of such body or bodies within a reasonable time. “(2) Any agreement entered into by the Administrator under this subchapter shall contain such terms and conditions (in addition to those imposed pursuant to subsections (a) (1) and (b)(1) of this section) as he deems necessary and appropriate to protect the interest of the United States. “(c) If the Administrator, in accordance with such regulations as he shall prescribe, determines that any school established with assistance under this chapter— “(1) is not accredited and fails to gain appropriate accreditation within a reasonable period of time; “(2) is accredited but fails substantially to carry out the terms of the agreement entered into under this chapter; or “(3) is no longer operated for the purpose for which such assistance was granted, he shall be entitled to recover from the recipient of assistance under this chapter the facilities of such school which were established with assistance under this chapter. In order to recover such facilities the Administrator may bring an action in the district court of the United States for the district in which such facilities are situated. “§ 5074. Limitations “The Administrator may not use the authority under this subchapter to assist in the establishment of more than eight new medical schools. Such schools shall be located in geographically dispersed areas of the United States. “SUBCHAPTER II— GRANTS TO AFFILIATED MEDICAL SCHOOLS “§ 5081. Declaration of purpose “The purpose of this subchapter is to authorize the Administrator to carry out a program of grants to medical schools which have maintained affiliations with the Veterans’ Administration in order to assist such schools to expand and improve their training capacities and to cooperate with institutions of the types assisted under sub-chapter HI of this chapter in carrying out the purposes of such subchapter. “§ 5082. Authorization of appropriations “(a) There is further authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1973, and a like sum for each of the six succeeding fiscal years, for carrying out programs authorized under this chapter. “(b) Sums appropriated pursuant to subsection (a) of this section shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated. “§ 5083. Grants “(a) Any medical school which is affiliated with the Veterans’ Administration under an agreement entered into pursuant to subchapter 80 Stat. 1373; 85 Stat. 178. 38 USC 5051. IV of chapter 81 of this title may apply to the Administrator for a grant under this subchapter to assist such school, in part, to carry out, through the Veterans’ Administration medical facility with which it is affiliated, projects and programs in furtherance of the purposes of this subchapter, except that no grant shall be made for the construction of any building which will not be located on land under the jurisdiction of the Administrator. Any such application shall contain such information in such detail as the Administrator deems necessary and appropriate. “(b) An application for a grant, under this section may be approved by the Administrator only upon his determination that— “(1) the proposed projects and programs for which the grant will be made will make a significant contribution to improving the medical education (including continuing education) program of the school and will result in a substantial increase in the number of medical students attending such school, provided there is reasonable assurance from a recognized accrediting body or bodies approved for such purposes by the Commissioner of Education of the Department of Health, Education, and Welfare that the increase in the number of students will not threaten any existing accreditation or otherwise compromise the quality of the training at such school; “(2) the application contains or is supported by adequate assurance that any Federal funds made available under this subchapter will be supplemented by funds or other resources available from other sources, whether public or private; “(3) the application sets forth such fiscal control and accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds expended under this subchapter; and “(4) the application provides for making such reports, in such form and containing such information, as the Administrator may require, to carry out his functions under this subchapter, and for keeping such records and for affording such access thereto as the Administrator may find necessary to assure tire correctness and verification of such, reports. “SUBCHAPTER III— ASSISTANCE TO PUBLIC AND NON-PROFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED WITH THE VETERANS’ ADMINISTRATION TO INCREASE THE PRODUCTION OF PROFESSIONAL AND OTHER HEALTH PERSONNEL “§ 5091. Declaration of purpose “The purpose of this subchapter is to authorize the Administrator to carry out a program of grants to provide assistance in the establishment of cooperative arrangements among universities, colleges, junior colleges, community colleges, schools of allied health professions, State and local systems of education, hospitals, and other nonprofit health manpower institutions affiliated with the Veterans’ Administration. designed to coordinate, improve, and expand the training of professional and technical allied health and paramedical personnel, and to assist in developing and evaluating new health careers, inter-disciplinary approaches and career advancement opportunities, so as to improve and expand allied and other health manpower utilization. “§ 5092. Definition “For the purpose of this subchapter, the term ‘eligible institution’ means any nonprofit educational facility or other public or nonprofit institution, including universities, colleges, junior colleges, community colleges, schools of allied health professions, State and local systems of education, hospitals, and other nonprofit health manpower institutions for the training or education of allied health or other health personnel affiliated with the Veterans’ Administration for the conduct of or the providing of guidance for education and training programs for health manpower. “§5093. Grants “(a) Any eligible institution may apply to the Administrator for a grant under this subchapter to assist such institution to carry out, through the Veterans’ Administration medical facility with which it is, or will become affiliated, educational and clinical projects and programs, matching the clinical requirements of the facility to the health manpower training potential of the eligible institution, for the expansion and improvement of such institution’s capacity to train health manpower, including physicians’ assistants, nurse practitioners, and other new types of health personnel in furtherance of the purposes of this subchapter. Any such application shall contain a plan to carry out such projects and programs and such other information in such detail as the Administrator deems necessary and appropriate. “(b) An application for a grant under this section may be approved by the Administrator only upon his determination that— “(1) the proposed projects and programs for which the grant will be made will make a significant contribution to improving the education (including continuing education) or training program of the eligible institution and will result in a substantial increase in the number of students trained at such institution, provided there is reasonable assurance from a recognized accrediting body or bodies approved for such purposes by the Commissioner of Education of the Department of Health, Education, and Welfare that the increase in the number of students will not threaten any existing accreditation or otherwise compromise the quality of the training at such institution; “(2) the application contains or is supported by adequate assurance that any Federal funds made available under this subehapter will lie supplemented by funds or other resources available from other sources, whether public or private; “(3) the application sets forth such fiscal control and accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds expended under this sub-chapter; and “(4) the application provides for making such reports, in such form and containing such information, as the Administrator may require to carry out his functions under this subchapter, and for keeping such records and for affording such access thereto as the Administrator may find necessary to assure the correctness and verification of such reports. “SUBCHAPTER IV— EXPANSION OF VETERANS’ ADMINISTRATION HOSPITAL EDUCATION AND TRAINING CAPACITY “§ 5096. Expenditures to remodel and make special allocations to Veterans’ Administration hospitals for health manpower education and training “Out of funds appropriated to the Veterans’ Administration pursuant to the authorization in section 5082 of this title, the Administrator may expend such sums as he deems necessary, not to exceed 30 per centum thereof, for (1) the necessary extension, expansion, alteration, improvement, remodeling, or repair of Veterans’ Administration buildings and structures (including provision of initial equipment, replacement of obsolete or worn-out equipment, and, where necessary, addition of classrooms, lecture facilities, laboratories, and other teaching facilities) to the extent necessary to make them suitable for use for health manpower education and training in order 80 Stat. 1368. 38 USC 4101. to carry out the purpose set forth in section 4101(b), and (2) special allocations to Veterans’ Administration hospitals and other medical facilities for the development or initiation of improved methods of education and training which may include the development or initiation of plans which reduce the period of required education and training for health personnel but which do not adversely affect the quality of such education or training.”

2. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 116(1) · 90 Stat. 2842

   Redesignated · 38 U.S.C. § 8201(e)

   Pub. L. 94–581, § 116(1), added subsec. (e). Former subsec. (e) redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 94–581, § 116(1), added subsec. (e). Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (1) redesignating subsections (e) and (f) of section 5070 as subsections (f) and (g), respectively, and inserting the following new subsection (e): “(e) In carrying out the purposes of this chapter, the Administrator may lease to any eligible institution for such consideration and under such terms and conditions as the Administrator deems appropriate, such land, buildings, and structures including equipment therein) under the control and jurisdiction of the Veterans’ Administration as may be necessary. The three-year limitation on the term Limitation, exception. of a lease prescribed in section 5012(a) of this title shall not apply with respect to any lease entered into pursuant to this chapter. Any lease entered into pursuant to this chapter may be entered into without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section 321 of the Act entitled ‘An Act making appropriations for the Legislative Branch of the Gov-eminent for the fiscal year ending June 30, 1933, mid for other purposes, approved June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a lease entered into pursuant to this chapter may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration of the lease.”;

   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.

3. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 title I § 116(1) · 90 Stat. 2842

   1. Redesignated · 38 U.S.C. § 8201(f)

      Pub. L. 94–581, §§ 116(1), 210(f)(1), redesignated former subsec. (e) as (f)

   2. Redesignated · 38 U.S.C. § 8201(f)

      Pub. L. 94–581, §§ 116(1), 210(f)(1), substituted “steps the Administrator has taken” for “steps he has taken”. Former subsec. (f) redesignated (g)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 94–581, §§ 116(1), 210(f)(1), redesignated former subsec. (e) as (f) and substituted “steps the Administrator has taken” for “steps he has taken”. Former subsec. (f) redesignated (g).

   Enacted provision · exact public law section
   (1) redesignating subsections (e) and (f) of section 5070 as subsections (f) and (g), respectively, and inserting the following new subsection (e): “(e) In carrying out the purposes of this chapter, the Administrator may lease to any eligible institution for such consideration and under such terms and conditions as the Administrator deems appropriate, such land, buildings, and structures including equipment therein) under the control and jurisdiction of the Veterans’ Administration as may be necessary. The three-year limitation on the term Limitation, exception. of a lease prescribed in section 5012(a) of this title shall not apply with respect to any lease entered into pursuant to this chapter. Any lease entered into pursuant to this chapter may be entered into without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section 321 of the Act entitled ‘An Act making appropriations for the Legislative Branch of the Gov-eminent for the fiscal year ending June 30, 1933, mid for other purposes, approved June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a lease entered into pursuant to this chapter may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration of the lease.”;

   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. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 116(1) · 90 Stat. 2842

   Redesignated · 38 U.S.C. § 8201(g)

   Pub. L. 94–581, § 116(1), redesignated former subsec. (f) as (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 94–581, § 116(1), redesignated former subsec. (f) as (g).

   Enacted provision · exact public law section
   (1) redesignating subsections (e) and (f) of section 5070 as subsections (f) and (g), respectively, and inserting the following new subsection (e): “(e) In carrying out the purposes of this chapter, the Administrator may lease to any eligible institution for such consideration and under such terms and conditions as the Administrator deems appropriate, such land, buildings, and structures including equipment therein) under the control and jurisdiction of the Veterans’ Administration as may be necessary. The three-year limitation on the term Limitation, exception. of a lease prescribed in section 5012(a) of this title shall not apply with respect to any lease entered into pursuant to this chapter. Any lease entered into pursuant to this chapter may be entered into without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section 321 of the Act entitled ‘An Act making appropriations for the Legislative Branch of the Gov-eminent for the fiscal year ending June 30, 1933, mid for other purposes, approved June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a lease entered into pursuant to this chapter may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration of the lease.”;

   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.

5. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 116(2) · 90 Stat. 2842

   Added · 38 U.S.C. § 8201(h)

   Pub. L. 94–581, § 116(2), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 94–581, § 116(2), added subsec. (h).

   Enacted provision · exact public law section
   (2) inserting at the end of section 5070 the following new subsection: “(h) Not later than ninety days after the end of each fiscal year, the Administrator shall submit to the Congress a report on activities carried out under this chapter, including (1) an appraisal of the effectiveness of the programs authorized herein in carrying out their statutory purposes and the degree of cooperation from other sources, financial and otherwise, (2) an appraisal of the contributions of such programs in improving the quantity and quality of physicians and other health care personnel furnishing hospital care and medical services to veterans under this title, (3) a list of the approved but unfunded projects under this chapter and the funds needed for each such project, and (4) recommendations for the improvement or more effective administration of such programs, including any necessary legislation.”;

   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.

6. 1979

   Veterans Health Programs Extension and Improvement Act of 1979

   Pub. L. 96–151 title I § 103(a) · 93 Stat. 1092

   Substituted · 38 U.S.C. § 8201(b)

   Pub. L. 96–151 substituted provisions prohibiting the Administrator from entering into any agreement under subchapter I after Sept. 30, 1979, for provisions prohibiting the Administrator from entering into any agreement under subchapter I or to make any grant, etc., under subchapter II or III after end of seventh calendar year after the calendar year in which this chapter takes effect

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–151 substituted provisions prohibiting the Administrator from entering into any agreement under subchapter I after Sept. 30, 1979, for provisions prohibiting the Administrator from entering into any agreement under subchapter I or to make any grant, etc., under subchapter II or III after end of seventh calendar year after the calendar year in which this chapter takes effect.

   Enacted provision · exact public law section
   (a) Subsection (b) of section 5070 is amended to read as 38 USC 5070. follows: “(b) The Administrator may not enter into any agreement under subchapter I of this chapter after September 30, 1979. 38 USC 5071.

7. 1980

   Veterans’ Administration Health-Care Amendments of 1980

   Pub. L. 96–330 title IV § 403(b) · 94 Stat. 1030

   Inserted · 38 U.S.C. § 8201(e)

   Pub. L. 96–330 inserted “, but no such lease may be for a period of more than 50 years” after “with respect to any lease entered into pursuant to this chapter”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 96–330 inserted “, but no such lease may be for a period of more than 50 years” after “with respect to any lease entered into pursuant to this chapter”.

   Enacted provision · exact public law section
   (b) Section 5070(e) is amended by inserting a comma and “but no such lease may be for a period of more than 50 years” before the period at the end of the second sentence of such section.

8. 1982

   Pub. L. 97–295 § 4(94)(A) · 96 Stat. 1287

   1. Substituted · 38 U.S.C. § 8201(a)

      Pub. L. 97–295, § 4(94)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”

   2. Struck · 38 U.S.C. § 8201(a)

      Pub. L. 97–295, § 4(94)(A), struck out “section 309 and” after “carried out under”

   3. Inserted · 38 U.S.C. § 8201(a)

      Pub. L. 97–295, § 4(94)(A), inserted “(42 U.S.C. 292 et seq.)” after “the Public Health Service Act”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–295, § 4(94)(A), substituted “Health and Human Services” for “Health, Education, and Welfare”, struck out “section 309 and” after “carried out under”, and inserted “(42 U.S.C. 292 et seq.)” after “the Public Health Service Act”.

   Enacted provision · exact public law section
   (A) Section 5070(a) is amended— 38 USC 5070. (i) by striking out “Health, Education, and Welfare” and substituting “Health and Human Services”; and (ii) by striking out “section 309 and” and inserting “(42 U.S.C. 292 et seq.)” after “the Public Health Service Act”.

9. 1982

   Pub. L. 97–295 § 4(94)(B) · 96 Stat. 1287

   1. Substituted · 38 U.S.C. § 8201(e)

      Pub. L. 97–295, § 4(94)(B), substituted “(including equipment therein)” for “including equipment therein)”

   2. Substituted · 38 U.S.C. § 8201(e)

      Pub. L. 97–295, § 4(94)(B), substituted “of” for “entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes,’ approved” after “section 321 of the Act”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–295, § 4(94)(B), substituted “(including equipment therein)” for “including equipment therein)” and substituted “of” for “entitled ‘An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes,’ approved” after “section 321 of the Act”.

   Enacted provision · exact public law section
   (B) Section 5070(e) is amended— (i) in the first sentence, by striking out “including equipment therein)” and substituting “(including equipment therein)”; and (ii) in the last sentence, by striking out “section 321” and all that follows through “(40 U.S.C. 303b)” and substituting “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)”

10. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(b)(2)(A) · 105 Stat. 187

    Changed · 38 U.S.C. § 8201

    Pub. L. 102–40, § 402(b)(2)(A), renumbered section 5070 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(b)(2)(A), renumbered section 5070 of this title as this section.

    Enacted provision · exact public law section
    (A) by redesignating section 5070 as section 8201;

11. 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. § 8201(e)

    Pub. L. 102–40, § 402(d)(1), amended subsec. (e) as amended by Pub. L. 102–54 by substituting “8122(a)” for “5022(a)”. See above

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), amended subsec. (e) as amended by Pub. L. 102–54 by substituting “8122(a)” for “5022(a)”. See above.

    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.

12. 1991

    Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 403(b)(6) · 105 Stat. 187

    Substituted · 38 U.S.C. § 8201(f)

    Pub. L. 102–40, § 403(b)(6), substituted “7302” for “4101(b)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 403(b)(6), substituted “7302” for “4101(b)”.

    Enacted provision · exact public law section
    (6) Section 8201(f) (as redesignated by section 402(b)) is amended by striking out “section 4101(b)” and inserting in lieu thereof “section 7302”.

13. 1991

    Pub. L. 102–54 § 14(f)(10) · 105 Stat. 267

    Substituted · 38 U.S.C. § 8201(e)

    Pub. L. 102–54 amended subsec. (e) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “5022(a)” for “5012(a)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54 amended subsec. (e) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “5022(a)” for “5012(a)”.

    Enacted provision · exact public law section
    SEC. 14. TECHNICAL AMENDMENTS TO TITLE 38, UNITED STATES CODE. (a) CHAPTERS 1 AND 3 OF TITLE 38.—Part I of title 38, United States Code, is amended as follows: (1) Section 101(21)(C) is amended by redesignating subclauses (a), (b), and (c) of clause (ii) as subclauses (I), (II), and (III), respectively. (2) Section 102 is amended by striking out “(C)” before “For the purposes of” and inserting in lieu thereof “(c)”. (b) Chapters 11 Through 24 of Title 38.— Part II of such title is amended as follows: (1) Section 354 is amended— (A) by inserting a comma in the section heading after “place”; and (B) by inserting “(Public Law 98–542; 98 Stat. 2727)” in subsection (a) before the period at the end. (2) Section 402(d) is amended by striking out “Secretary of the Department” and inserting in lieu thereof “Secretary of the department”. (3) Section 412(a) is amended by striking out “201” and inserting in lieu thereof “401”. (4) Section 423 is amended— (A) by striking out “or section 321(b) of title 32,” in the first sentence; and (B) by striking out “1476(a) or 321(b)” in the second sentence. (5) Section 503(a) is amended— (A) in paragraph (8), by striking out “per centum” and inserting in lieu thereof “percent”; and (B) in paragraph (10)(A)— (i) by striking out “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and inserting in lieu thereof “Internal Revenue Code of 1986”; and (ii) by striking out “section 143” and inserting in lieu thereof “section 7703”. (6) Section 508(b) is amended by striking out “per centum” and inserting in lieu thereof “percent”. (7) Sections 532(a) and 534(a) are amended— (A) by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof a period; and (B) by striking out the matter following paragraph (2). (8) Section 601 is amended— (A) in paragraph (2), by striking out “any veteran of the Indian Wars, or”; (B) by striking out paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); (D) in paragraph (6)— (i) by striking out “section 612(f)(l)(A)(i)” in subparagraph (A)(i) and inserting in lieu thereof “section 612(a)(5)(A)”; and (ii) by striking out “section 612(f)(1)(A)(ii)” in subparagraph (B)(i)(II) and inserting in lieu thereof “section 612(a)(5)(B)”; and (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4). (9) Section 603 is amended— (A) by striking out “section” before “paragraph” in subsection (a)(2)(B); (B) by striking out “section 612(b)(1)(G)” in subsection (a)(7) and inserting in lieu thereof “section 612(b)(1)(F)”; and (C) by inserting “(Public Law 100–322; 102 Stat. 501)” in subsection (c) before the period at the end. (10) Section 610(a)(1)(H) is amended by striking out “the Spanish-American War, the Mexican border period,” and inserting in lieu thereof “the Mexican border period”. (11) Section 612A(b)(l) is amended by striking out “paragraph (1)(A)(ii) of section 612(f)” and inserting in lieu thereof “section 612(a)(5)(B)”. (12) Section 618(c)(3) is amended by inserting “and” after “productivity”. (13) Section 620A(f)(l) is amended by striking out “during the period” before “beginning on”. (14) Section 628(a)(2)(D) is amended by striking out “is (i)” and inserting in lieu thereof “(i) is”. (15) Section 630(a) is amended— (A) by striking out “(1)” after “(a)”; and (B) by redesignating subparagraph (A), clause (i), clause (ii), and subparagraph (B) as paragraph (1), subparagraph (A), subparagraph (B), and paragraph (2), respectively. (16) Section 765 is amended— (A) in paragraph (4), by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively; and (B) in each of paragraphs (8) and (9), by redesignating clauses (a), (b), (c), (d), and (e) as clauses (A), (B), (C), (D), and (E), respectively. (17) Section 770(g) is amended by striking out “the Internal Revenue Code of 1954” in clause (2) of the second sentence and inserting in lieu thereof “the Internal Revenue Code of 1986”. (18) The text of section 774 is amended to read as follows: “(a) There is an Advisory Council on Servicemen’s Group Life Insurance. The council consists of— “(1) the Secretary of the Treasury, who is the chairman of the council; “(2) the Secretary of Defense; “(3) the Secretary of Commerce; “(4) the Secretary of Health and Human Services; “(5) the Secretary of Transportation; and “(6) the Director of the Office of Management and Budget. Members of the council shall serve without additional compensation. “(b) The council shall meet at least once a year, or more often at the call of the Secretary of Veterans Affairs. The council shall review the operations of the Department under this subchapter and shall advise the Secretary on matters of policy relating to the Secretary’s activities under this subchapter.”. (19) Section 783 is amended by striking out “section 14 of title 25,” and inserting in lieu thereof “the Act of February 25, 1933 (25 U.S.C. 14),”. (20) Section 901(d) is amended— (A) by striking out “deems” and inserting in lieu thereof “considers”; (B) by striking out the comma after “this section”; and (C) by striking out “, United States Code”. (21) Section 1004(c)(2)(B) is amended by striking out “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986” and inserting in lieu thereof “October 28, 1986”. (22) Section 1010(b) is amended by striking out “the military departments” and inserting in lieu thereof “each military department”. (c) Chapters 30 Through 43 of Title 38.— Part III of such title is amended as follows: (1) Section 1415(c) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991,” and inserting in lieu thereof “November 29, 1989,”. (2) The item relating to section 1423 in the table of sections at the beginning of chapter 30 is amended by striking out “chapter” and inserting in lieu thereof “subchapter”. (3) Section 1504(b) is amended by striking out “(29 U.S.C. 796)” and inserting in lieu thereof “(29 U.S.C. 796a)”. (4) Section 1517(a) is amended— (A) by inserting “(29 U.S.C. 701 et seq.)” in paragraph (1) after “the Rehabilitation Act of 1973”; and (B) by striking out the second period at the end of paragraph (2)(C). (5) Section 1521(a)(3) is amended by inserting “and Training” after “Veterans’ Employment”. (6) Section 1602(1)(A) is amended by inserting a comma after “January 1, 1977” the last place it appears. (7) Section 1792(a) is amended by inserting “and Training” after “Veterans’ Employment”. (8) Section 1812 is amended— (A) in subsection (c)(5), by striking out “under this section” and inserting in lieu thereof “for purposes specified in this section”; and (B) in subsection (1), by striking out “, beginning 12 months following October 23, 1970,”. (9) Section 2011(2)(B) is amended by inserting a comma before “except for”. (10) Section 2013 is amended by striking out “the Comprehensive Employment and Training Act” and inserting in lieu thereof “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)”. (d) Chapters 51 Through 61 of Title 38.— Part IV of such title (as in effect immediately before the enactment of the Department of Veterans Affairs Health-Care Personnel Act of 1991) is amended as follows: (1) Section 3004 is amended— (A) by striking out “(1)” after “(a)”; (B) by striking out “(2)” and inserting in lieu thereof “(b)”; (C) by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (a)”; and (D) by striking out “(A)” and “(B)” and inserting in lieu thereof “(1)” and “(2)”, respectively. (2) Section 3101(d) is amended by striking out “the Internal 38 USC 5301. Revenue Code of 1954” and inserting in lieu thereof “the Internal Revenue Code of 1986”. (3) Section 3116 is amended— (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (4) Section 3305 is amended— (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and (B) in subsection (d)— (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”; (ii) in the second sentence of paragraph (1), by striking out “such enactment date” and inserting in lieu thereof “October 7, 1980,”; (iii) in the third sentence of paragraph (1)— (I) by striking out “existing”; and (II) by inserting “in existence on October 7, 1980” after “such programs”; and (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”. (5) (A) Section 3311 is amended to read as follows: 38 USC 5711. “§ 3311. Authority to issue subpoenas “(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to— “(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing; “(2) require the production of books, papers, documents, and other evidence; “(3) take affidavits and administer oaths and affirmations; “(4) aid claimants in the preparation and presentation of claims; and “(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department. “(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”. (B) The item relating to such section in the table of sections at the beginning of chapter 57 is amended to read as follows: “ 3311. Authority to issue subpoenas.”. (6) (A) Section 3313 is amended by striking out “subpena” both 38 USC 5713. places it appears in the text and inserting in lieu “subpoena”. (B) The heading of such section is amended to read as follows:

14. 1991

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

    Substituted · 38 U.S.C. § 8201(a)(d)

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

    Source evidence

    Code amendment note
    Subsecs. (a) to (d). 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.

15. 1991

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

    Substituted · 38 U.S.C. § 8201(e)

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

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    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(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8201(e)

    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”.

17. 1991

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

    Substituted · 38 U.S.C. § 8201(f)

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

    Source evidence

    Code amendment note
    Subsec. (f). 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.

18. 1991

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

    Substituted · 38 U.S.C. § 8201(f)

    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”.

19. 1991

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

    Substituted · 38 U.S.C. § 8201(f)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

20. 1991

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

    Substituted · 38 U.S.C. § 8201(g); 38 U.S.C. § 8201(h)

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

    Source evidence

    Code amendment note
    Subsecs. (g), (h). 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.

21. 1994

    Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(d)(20) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 8201(c)

    Pub. L. 103–446 substituted “section 7312(a)” for “section 4112(a)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–446 substituted “section 7312(a)” for “section 4112(a)”.

    Enacted provision · exact public law section
    (20) Section 8201(c) is amended by striking out “section 38 USC 8201. 4112(a)” and inserting in lieu thereof “section 7312(a)”.

22. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title IV § 403(b) · 114 Stat. 1822

    Struck · 38 U.S.C. § 8201(h)

    Pub. L. 106–419 struck out subsec. (h) which read as follows: “Not later than ninety days after the end of each fiscal year, the Secretary shall submit to the Congress a report on activities carried out under this chapter, including (1) an appraisal of the effectiveness of the programs authorized herein in carrying out their statutory purposes and the degree of cooperation from other sources, financial and otherwise, (2) an appraisal of the contributions of such programs in improving the quantity and quality of physicians and other health care personnel furnishing hospital care and medical services to veterans under this title, (3) a list of the approved but unfunded projects under this chapter and the funds needed for each such project, and (4) recommendations for the improvement or more effective administration of such programs, including any necessary legislation.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 106–419 struck out subsec. (h) which read as follows: “Not later than ninety days after the end of each fiscal year, the Secretary shall submit to the Congress a report on activities carried out under this chapter, including (1) an appraisal of the effectiveness of the programs authorized herein in carrying out their statutory purposes and the degree of cooperation from other sources, financial and otherwise, (2) an appraisal of the contributions of such programs in improving the quantity and quality of physicians and other health care personnel furnishing hospital care and medical services to veterans under this title, (3) a list of the approved but unfunded projects under this chapter and the funds needed for each such project, and (4) recommendations for the improvement or more effective administration of such programs, including any necessary legislation.”

    Enacted provision · exact public law section
    (b) Repeal of Reporting Requirements Terminated by Prior Law.— Sections 8111A(f) and 8201(h) are repealed.

23. 2002

    Pub. L. 107–217 § 3(j)(7) · 116 Stat. 1062

    Substituted · 38 U.S.C. § 8201(e)

    Pub. L. 107–217 substituted “section 1302 of title 40” for “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 107–217 substituted “section 1302 of title 40” for “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)”.

    Enacted provision · exact public law section
    (7) In section 8201(e), strike “section 321 of the Act of June 30, 1932 (40 U.S.C. 303b)” and substitute “section 1302 of title 40”.

24. 2011

    Pub. L. 111–350 § 5(j)(9) · 124 Stat. 3677

    Substituted · 38 U.S.C. § 8201(e)

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

    Source evidence

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

    Enacted provision · exact public law section
    (9) In section 8201(e), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”.

28 of 28 references resolved to an enrolled provision