§ 8303. Restricted gifts

Statutory text

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

Legislative history

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.

1958
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 8303
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5103
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5103
1986
Pub. L. 99–576 title VII § 701(91) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8303
Pub. L. 99–576 substituted “the” for “his” in three places
Source evidence
Code amendment note
Pub. L. 99–576 substituted “the” for “his” in three places.
Enacted provision · exact public law section
(91) Section 5103 is amended by striking out “his” each place it appears and inserting in lieu thereof “the”.
1991
Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187
Changed · 38 U.S.C. § 8303
Pub. L. 102–40, § 402(b)(1), renumbered section 5103 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–40, § 402(b)(1), renumbered section 5103 of this title as this section.
Enacted provision · exact public law section
(1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.
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. § 8303
Pub. L. 102–40, § 402(d)(1), substituted “8523” for “5223”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–40, § 402(d)(1), substituted “8523” for “5223”.
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.
1991
Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8303
Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83 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.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1986–1991 · 2 rounds

1991

Pub. L. 102–40, § 402(b)(1), renumbered section 5103 of this title as this section.

Pub. L. 102–83 substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 102–40, § 402(d)(1), substituted “8523” for “5223”.

1986

Pub. L. 99–576 substituted “the” for “his” in three places.

Credits

1958–1991 · 4 acts

1958Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5103
1986Pub. L. 99–576, title VII, § 701(91), Oct. 28, 1986, 100 Stat. 3299
1991renumbered § 8303 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239
1991Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.

Show as published

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5103; Pub. L. 99–576, title VII, § 701(91), Oct. 28, 1986, 100 Stat. 3299; renumbered § 8303 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)