Title 38 — Veterans’ Benefits
Part VI · Chapter 85 — Disposition of Deceased Veterans’ Personal Property
§ 8502. Disposition of unclaimed personal property
Statutory text
Notwithstanding the provisions of section 8501 of this title, the Secretary may dispose of the personal property of such decedent left or found upon such premises as hereafter provided in this subchapter.
If any veteran (admitted as a veteran), or a dependent or survivor of a veteran receiving care under the penultimate sentence of section 1781(b) of this title, upon such person’s last admission to, or during such person’s last period of maintenance in, a Department facility, has personal property situated on such facility and shall have designated in writing a person (natural or corporate) to receive such property when such veteran, dependent or survivor dies, the Secretary or employee of the Department authorized by the Secretary so to act, may transfer possession of such personal property to the person so designated. If there exists no person so designated by such veteran, dependent, or survivor or if the one so designated declines to receive such property, or failed to request such property within ninety days after the Department mails to such designate a notice of death and of the fact of such designation, a description of the property, and an estimate of transportation cost, which shall be paid by such designate if required under the regulations hereinafter mentioned, or if the Secretary declines to transfer possession to such designate, possession of such property may in the discretion of the Secretary or the Secretary’s designated subordinate, be transferred to the following persons in the order and manner herein specified unless the parties otherwise agree in writing delivered to the Department, namely, executor or administrator, or if no notice of appointment received, to the spouse, children, grandchildren, parents, grandparents, siblings of the veteran. If claim is made by two or more such relatives having equal priorities, as hereinabove prescribed, or if there are conflicting claims the Secretary or the Secretary’s designee may in such case deliver the property either jointly or separately in equal values, to those equally entitled thereto or may make delivery as may be agreed upon by those entitled, or may in the discretion of the Secretary or the Secretary’s designee withhold delivery from them and require the qualification of an administrator or executor of the veterans’ estate and thereupon make delivery to such.
If the property of any decedent is not so delivered or claimed and accepted the Secretary or the Secretary’s designee may dispose of such property by public or private sale in accordance with the provisions of this subchapter and regulations prescribed by the Secretary.
All sales authorized by this subchapter shall be for cash upon delivery at the premises where sold and without warranty, express or implied. The proceeds of such sales after payment of any expenses incident thereto as may be prescribed by regulations, together with any other moneys left or found on a facility, not disposed of in accordance with this subchapter, shall be credited to the General Post Fund, National Homes, Department of Veterans Affairs, a trust fund provided for in section 1321(a)(45) of title 31. In addition to the purposes for which such fund may be used under the existing law, disbursements may be made therefrom as authorized by the Secretary by regulation or otherwise for the purpose of satisfying any legal liability incurred by any employee in administering the provisions of this subchapter, including any expense incurred in connection therewith. Legal liability shall not exist when delivery or sale shall have been made in accordance with this subchapter.
If, notwithstanding such sale, a claim is filed with the Secretary within five years after notice of sale as herein required, by or on behalf of any person or persons who if known would have been entitled to the property under section 8501 of this title or to possession thereof under this section, the Secretary shall determine the person or persons entitled under the provisions of this subchapter and may pay to such person or persons so entitled the proceeds of sale of such property, less expenses. Such payment shall be made out of the said trust fund, and in accord with the provisions of this section or section 8501 of this title. Persons under legal disability to sue in their own name may make claim for the proceeds of sale of such property at any time within five years after termination of such legal disability.
Any such property, the sale of which is authorized under this subchapter and which remains unsold, may be used, destroyed, or otherwise disposed of in accordance with regulations promulgated by the Secretary.
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.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 8502
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1257, § 5202
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1257, § 5202Veterans Medical Technical and Conforming Amendments of 1976
Pub. L. 94–581 title II § 208(a) · 90 Stat. 2842
Inserted · 38 U.S.C. § 8502(b)
Pub. L. 94–581 inserted “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran),”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–581 inserted “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran),”.Enacted provision · exact public law section
(a) The first, sentence of subsection (b) of section 5202 is amended by inserting “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran),” in the first sentence.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.Pub. L. 97–258 § 3(k)(9) · 96 Stat. 1066
Substituted · 38 U.S.C. § 8502(d)
Pub. L. 97–258 substituted “section 1321(a)(45) of title 31” for “section 725s(a)(45) of title 31”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–258 substituted “section 1321(a)(45) of title 31” for “section 725s(a)(45) of title 31”.Pub. L. 99–576 § 701(94)(A) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(A), in first sentence substituted “such person’s last” for “his last” in two places
Inserted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(A), in first sentence inserted “has personal property situated on such facility and” before “shall have designated”
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(A), in first sentence substituted “to receive such property when such veteran, dependent or survivor dies,” for “to whom he desires his personal property situated upon such facility to be delivered, upon the death of such veteran”
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(A), in first sentence substituted “the Administrator” for “him” after “authorized by”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–576, § 701(94)(A), in first sentence substituted “such person’s last” for “his last” in two places, inserted “has personal property situated on such facility and” before “shall have designated”, substituted “to receive such property when such veteran, dependent or survivor dies,” for “to whom he desires his personal property situated upon such facility to be delivered, upon the death of such veteran”, and substituted “the Administrator” for “him” after “authorized by”.Enacted provision · exact public law section
(A) in the first sentence of subsection (b)— (i) by striking out “his last” each place it appears and inserting in lieu thereof “such person’s last”; (ii) by inserting “has personal property situated on such facility and” before “shall have designated”; (iii) by striking out “to whom he desires his personal property situated upon such facility to be delivered, upon the death of such veteran” and inserting in lieu thereof “to receive such property when such veteran, dependent or survivor dies,”; and (iv) by striking out “him” and inserting in lieu thereof “the Administrator”;Pub. L. 99–576 § 701(94)(B)(i) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(B)(i)–(iv), in second sentence substituted “by such veteran, dependent, or survivor” for “by the veteran”
Struck · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(B)(i)–(iv), in second sentence struck out “if he has” before “failed to request”
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(B)(i)–(iv), in second sentence substituted “the Administrator’s” for “his”
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(B)(i)–(iv), in second sentence substituted “in writing delivered to the Veterans’ Administration” for “as provided in this subchapter,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–576, § 701(94)(B)(i)–(iv), in second sentence substituted “by such veteran, dependent, or survivor” for “by the veteran”, struck out “if he has” before “failed to request”, and substituted “the Administrator’s” for “his” and “in writing delivered to the Veterans’ Administration” for “as provided in this subchapter,”.Enacted provision · exact public law section
(i) by striking out “by the veteran” and inserting in lieu thereof “by such veteran, dependent, or survivor”;Pub. L. 99–576 § 701(94)(B)(v) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(B)(v), which directed that second sentence of subsec. (b) be amended by substituting “children, grandchildren, parents, grandparents, siblings” for “child, grandchild, mother, father, grandmother, grandfather, brother or sister”, was executed by substituting the new provisions for “child, grandchild, mother, father, grandmother, grandfather, brother, or sister”, to reflect the probable intent of Congress and the fact that a comma appears after “brother” in the former provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–576, § 701(94)(B)(v), which directed that second sentence of subsec. (b) be amended by substituting “children, grandchildren, parents, grandparents, siblings” for “child, grandchild, mother, father, grandmother, grandfather, brother or sister”, was executed by substituting the new provisions for “child, grandchild, mother, father, grandmother, grandfather, brother, or sister”, to reflect the probable intent of Congress and the fact that a comma appears after “brother” in the former provisions.Enacted provision · exact public law section
(v) by striking out “child, grandchild, mother, father, grandmother, grandfather, brother or sister” and inserting in lieu thereof “children, grandchildren, parents, grandparents, siblings”;Pub. L. 99–576 § 701(94)(C) · 100 Stat. 3248
Struck · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(C), struck out third sentence which read as follows: “In case two or more of those named above request the property, only one shall be entitled to possession thereof and in the order hereinbefore set forth, unless they otherwise agree in writing delivered to the Veterans’ Administration.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–576, § 701(94)(C), struck out third sentence which read as follows: “In case two or more of those named above request the property, only one shall be entitled to possession thereof and in the order hereinbefore set forth, unless they otherwise agree in writing delivered to the Veterans’ Administration.”Enacted provision · exact public law section
(C) by striking out the third sentence of subsection (b);Pub. L. 99–576 § 701(94)(D) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(D), in fourth sentence substituted “the Administrator’s designee may in such case deliver the property either jointly or separately in equal values, to those equally entitled thereto” for “his designee may in such case select the one to receive such possession,”
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 99–576, § 701(94)(D), in fourth sentence substituted “in the discretion of the Administrator or the Administrator’s designee” for “in his discretion”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 99–576, § 701(94)(D), in fourth sentence substituted “the Administrator’s designee may in such case deliver the property either jointly or separately in equal values, to those equally entitled thereto” for “his designee may in such case select the one to receive such possession,” and “in the discretion of the Administrator or the Administrator’s designee” for “in his discretion”.Enacted provision · exact public law section
(D) in the fourth sentence of subsection (b)— (i) by striking out “his designee may in such case select the one to receive such possession,” and inserting in lieu thereof “the Administrator’s designee may in such case deliver the property either jointly or separately in equal values, to those equally entitled thereto”; and (ii) by striking out “in his discretion” and inserting in lieu thereof “in the discretion of the Administrator or the Administrator’s designee”; andPub. L. 99–576 § 701(94)(E) · 100 Stat. 3248
Substituted · 38 U.S.C. § 8502(c)
Pub. L. 99–576, § 701(94)(E), substituted “the Administrator’s” for “his”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–576, § 701(94)(E), substituted “the Administrator’s” for “his”.Enacted provision · exact public law section
(E) in subsection (c), by striking out “his” and inserting in lieu thereof “the Administrator’s”.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. § 8502
Pub. L. 102–40, § 402(b)(1), renumbered section 5202 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–40, § 402(b)(1), renumbered section 5202 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.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. § 8502(a)
Pub. L. 102–40, § 402(d)(1), substituted “8501” for “5201”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–40, § 402(d)(1), substituted “8501” for “5201”.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.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. § 8502(e)
Pub. L. 102–40, § 402(d)(1), substituted “8501” for “5201” in two places
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–40, § 402(d)(1), substituted “8501” for “5201” in two places.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.Pub. L. 102–54 § 14(f)(11) · 105 Stat. 267
Inserted · 38 U.S.C. § 8502(b)
Pub. L. 102–54 amended subsec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting a comma in second sentence before “namely,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–54 amended subsec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting a comma in second sentence before “namely,”.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:Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(a)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (a). 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.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 102–83, § 5(c)(1), substituted “1713(b)” for “613(b)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1713(b)” for “613(b)”.Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” 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.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing
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” wherever appearing.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”.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(c)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing
Substituted · 38 U.S.C. § 8502(c)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary’s” for “Administrator’s” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” 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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(d)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (d). 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.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(d)
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”.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(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.Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 8502(f)
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (f). 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.Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 title XII § 1201(i)(11) · 108 Stat. 4645
Substituted · 38 U.S.C. § 8502(d)
Pub. L. 103–446 substituted “Department of Veterans Affairs,” for “Department,”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 103–446 substituted “Department of Veterans Affairs,” for “Department,”.Enacted provision · exact public law section
(11) Section 8502(d) is amended by striking out “General 38 USC 8502. Post Fund, National Homes, Department,” and inserting in lieu thereof “General Post Fund, National Homes, Department of Veterans Affairs,”.Department of Veterans Affairs Health Care Programs Enhancement Act of 2001
Pub. L. 107–135 title II § 208(e)(9) · 115 Stat. 2446
Substituted · 38 U.S.C. § 8502(b)
Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”.Enacted provision · exact public law section
(9) Sections 8502(b), 8520(a), and 8521 are amended by striking “the last sentence of section 1713(b)” and inserting “the penultimate sentence of section 1781(b)”.
31 of 33 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1976–2002 · 6 rounds
2002
Subsec. (b). Pub. L. 107–135 substituted “the penultimate sentence of section 1781(b)” for “the last sentence of section 1713(b)”.
1994
Subsec. (d). Pub. L. 103–446 substituted “Department of Veterans Affairs,” for “Department,”.
1991
Pub. L. 102–40, § 402(b)(1), renumbered section 5202 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–40, § 402(d)(1), substituted “8501” for “5201”.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1713(b)” for “613(b)”.
Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” wherever appearing.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.
Pub. L. 102–54 amended subsec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting a comma in second sentence before “namely,”.
Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” wherever appearing.
Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
Subsec. (e). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.
Pub. L. 102–40, § 402(d)(1), substituted “8501” for “5201” in two places.
Subsec. (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1986
Subsec. (b). Pub. L. 99–576, § 701(94)(A), in first sentence substituted “such person’s last” for “his last” in two places, inserted “has personal property situated on such facility and” before “shall have designated”, substituted “to receive such property when such veteran, dependent or survivor dies,” for “to whom he desires his personal property situated upon such facility to be delivered, upon the death of such veteran”, and substituted “the Administrator” for “him” after “authorized by”.
Pub. L. 99–576, § 701(94)(B)(i)–(iv), in second sentence substituted “by such veteran, dependent, or survivor” for “by the veteran”, struck out “if he has” before “failed to request”, and substituted “the Administrator’s” for “his” and “in writing delivered to the Veterans’ Administration” for “as provided in this subchapter,”.
Pub. L. 99–576, § 701(94)(B)(v), which directed that second sentence of subsec. (b) be amended by substituting “children, grandchildren, parents, grandparents, siblings” for “child, grandchild, mother, father, grandmother, grandfather, brother or sister”, was executed by substituting the new provisions for “child, grandchild, mother, father, grandmother, grandfather, brother, or sister”, to reflect the probable intent of Congress and the fact that a comma appears after “brother” in the former provisions.
Pub. L. 99–576, § 701(94)(C), struck out third sentence which read as follows: “In case two or more of those named above request the property, only one shall be entitled to possession thereof and in the order hereinbefore set forth, unless they otherwise agree in writing delivered to the Veterans’ Administration.”
Pub. L. 99–576, § 701(94)(D), in fourth sentence substituted “the Administrator’s designee may in such case deliver the property either jointly or separately in equal values, to those equally entitled thereto” for “his designee may in such case select the one to receive such possession,” and “in the discretion of the Administrator or the Administrator’s designee” for “in his discretion”.
Subsec. (c). Pub. L. 99–576, § 701(94)(E), substituted “the Administrator’s” for “his”.
1982
Subsec. (d). Pub. L. 97–258 substituted “section 1321(a)(45) of title 31” for “section 725s(a)(45) of title 31”.
1976
Subsec. (b). Pub. L. 94–581 inserted “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran),”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Amendment by Pub. L. 94–581 effective , see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title.
Credits
1958–2002 · 9 acts
- 1958Pub. L. 85–857, , 72 Stat. 1257, § 5202
- 1976Pub. L. 94–581, title II, § 208(a), , 90 Stat. 2860
- 1982Pub. L. 97–258, § 3(k)(9), , 96 Stat. 1066
- 1986Pub. L. 99–576, title VII, § 701(94), , 100 Stat. 3299
- 1991renumbered § 8502 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239
- 1991Pub. L. 102–54, § 14(f)(11), , 105 Stat. 288
- 1991Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), , 105 Stat. 404–406
- 1994Pub. L. 103–446, title XII, § 1201(i)(11), , 108 Stat. 4689
- 2002Pub. L. 107–135, title II, § 208(e)(9), , 115 Stat. 2464.
Show as published
(Pub. L. 85–857, , 72 Stat. 1257, § 5202; Pub. L. 94–581, title II, § 208(a), , 90 Stat. 2860; Pub. L. 97–258, § 3(k)(9), , 96 Stat. 1066; Pub. L. 99–576, title VII, § 701(94), , 100 Stat. 3299; renumbered § 8502 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239; Pub. L. 102–54, § 14(f)(11), , 105 Stat. 288; Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(c)(1), , 105 Stat. 404–406; Pub. L. 103–446, title XII, § 1201(i)(11), , 108 Stat. 4689; Pub. L. 107–135, title II, § 208(e)(9), , 115 Stat. 2464.)