§ 7802. — Duties of Secretary with respect to Service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7802]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 78--VETERANS' CANTEEN SERVICE
Sec. 7802. Duties of Secretary with respect to Service
The Secretary shall--
(1) establish, maintain, and operate canteens where deemed
necessary and practicable at hospitals and homes of the Department
and at other Department establishments where similar essential
facilities are not reasonably available from outside commercial
sources;
(2) establish, maintain, and operate such warehouses and storage
depots as may be necessary in operating the canteens;
(3) furnish the Service for its use in connection with the
establishment, maintenance, and operation thereof, such space,
buildings, and structures under control of the Department as the
Secretary may consider necessary, including normal maintenance and
repair service thereon. Reasonable charges, to be determined by the
Secretary, shall be paid annually by the Service for the space,
buildings, and structures so furnished, except that the Secretary
may reduce or waive such charges whenever payment of such charges
would impair the working capital required by the Service;
(4) transfer to the Service without charge, rental, or
reimbursement such necessary equipment as may not be needed for
other purposes, and furnish the Service such services and utilities,
including light, water, and heat, as may be available and necessary
for its use. Reasonable charges, to be determined by the Secretary,
shall be paid annually by the Service for the utilities so
furnished;
(5) employ such persons as are necessary for the establishment,
maintenance, and operation of the Service, and pay the salaries,
wages, and expenses of all such employees from the funds of the
Service. Personnel necessary for the transaction of the business of
the Service at canteens, warehouses, and storage depots shall be
appointed, compensated from funds of the Service, and removed by the
Secretary without regard to the provisions of title 5 governing
appointments in the competitive service and chapter 51 and
subchapter III of chapter 53 of title 5. Those employees are subject
to the provisions of title 5 relating to a preference eligible
described in section 2108(3) of title 5, subchapter I of chapter 81
of title 5, and subchapter III of chapter 83 of title 5;
(6) make all necessary contracts or agreements to purchase or
sell merchandise, fixtures, equipment, supplies, and services,
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5)
and to do all things necessary to carry out such contracts or
agreements, including the making of necessary adjustments and
compromising of claims in connection therewith;
(7) fix the prices of merchandise and services in canteens so as
to carry out the purposes of this chapter;
(8) accept gifts and donations of merchandise, fixtures,
equipment, and supplies for the use and benefit of the Service;
(9) make such rules and regulations, not inconsistent with the
provisions of this chapter, as the Secretary considers necessary or
appropriate to effectuate its purposes;
(10) delegate such duties and powers to employees as the
Secretary considers necessary or appropriate, whose official acts
performed within the scope of the delegated authority shall have the
same force and effect as though performed by the Secretary;
(11) authorize the use of funds of the Service when available,
subject to such regulations as the Secretary may deem appropriate,
for the purpose of cashing checks, money orders, and similar
instruments in nominal amounts for the payment of money presented by
veterans hospitalized or domiciled at hospitals and homes of the
Department, and by other persons authorized by section 7803 of this
title to make purchases at canteens. Such checks, money orders, and
other similar instruments may be cashed outright or may be accepted,
subject to strict administrative controls, in payment for
merchandise or services, and the difference between the amount of
the purchase and the amount of the tendered instrument refunded in
cash.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1248, Sec. 4202; Pub. L. 86-
109, Sec. 1, July 28, 1959, 73 Stat. 258; Pub. L. 94-581, title II,
Sec. 210(d), Oct. 21, 1976, 90 Stat. 2864; Pub. L. 97-295, Sec. 4(88),
Oct. 12, 1982, 96 Stat. 1312; Pub. L. 99-576, title VII, Sec. 702(13),
Oct. 28, 1986, 100 Stat. 3302; renumbered Sec. 7802 and amended Pub. L.
102-40, title IV, Sec. 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat.
238, 239; Pub. L. 102-54, Sec. 14(e)(7), June 13, 1991, 105 Stat. 287;
Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105
Stat. 404, 405.)
References in Text
The provisions of title 5 governing appointments in the competitive
service, referred to in par. (5), are classified generally to section
3301 et seq. of Title 5, Government Organization and Employees.
Amendments
1991--Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in section catchline and in
introductory provisions.
Pub. L. 102-40, Sec. 402(a), (b)(1), renumbered section 4202 of this
title as this section.
Par. (1). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration'' in two places.
Par. (3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Pars. (4), (5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Par. (6). Pub. L. 102-54 amended par. (6) as in effect immediately
before the enactment of Pub. L. 102-40 by substituting ``section 3709 of
the Revised Statutes (41 U.S.C. 5)'' for ``section 5 of title 41''.
Pars. (9), (10). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
Par. (11). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
Pub. L. 102-40, Sec. 402(d)(1), substituted ``7803'' for ``4203''.
1986--Par. (11). Pub. L. 99-576 struck out ``and without regard to
the provisions of section 1 of the Act of January 31, 1925 (7 U.S.C.
2217), and section 1 (1st proviso under heading `OFFICE OF THE
SECRETARY') of the Act of May 11, 1922 (7 U.S.C. 2240),'' after ``as the
Administrator may deem appropriate,''.
1982--Par. (5). Pub. L. 97-295, Sec. 4(88)(A), substituted reference
to provisions of title 5 governing appointments in the competitive
service and chapter 51 and subchapter III of chapter 53 of title 5 for
reference to the civil-service laws and the Classification Act of 1949,
and substituted provision that the relevant employees are subject to the
provisions of title 5 relating to a preference eligible described in
section 2108(3) of title 5, subchapter I of chapter 81 of title 5, and
subchapter III of chapter 83 of title 5 for provision that such
employees were subject to the Veterans' Preference Act of 1944, the
Civil Service Retirement Act, and laws administered by the Bureau of
Employees' Compensation applicable to civilian employees of the United
States.
Par. (11). Pub. L. 97-295, Sec. 4(88)(B), substituted ``section 1 of
the Act of January 31, 1925 (7 U.S.C. 2217), and section 1 (1st proviso
under heading `OFFICE OF THE SECRETARY') of the Act of May 11, 1922 (7
U.S.C. 2240)'' for ``sections 521 and 543 of title 5''.
1976--Pars. (3), (9), (10), (11). Pub. L. 94-581 substituted ``the
Administrator'' for ``he'' in pars. (3), (9), (10), and (11).
1959--Par. (3). Pub. L. 86-109 required the Service to pay
reasonable charges, as determined by the Administrator, for the use of
space, buildings, and structures furnished by the Veterans'
Administration and authorized reduction of waiver of the charges when
payment thereof would impair the working capital required by the
Service.
Effective Date of 1976 Amendment
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.
Effective Date of 1959 Amendment
Section 2 of Pub. L. 86-109 provided that: ``This Act [amending this
section] shall take effect on the first day of July 1959.''
Section Referred to in Other Sections
This section is referred to in title 5 sections 2302, 5102.
