[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC8201]
TITLE 38--VETERANS' BENEFITS
PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER 82--ASSISTANCE IN ESTABLISHING NEW STATE MEDICAL SCHOOLS; GRANTS
TO AFFILIATED MEDICAL SCHOOLS; ASSISTANCE TO HEALTH MANPOWER TRAINING
INSTITUTIONS
Sec. 8201. Coordination with public health programs;
administration
(a) The Secretary and the Secretary of Health and Human Services
shall, to the maximum extent practicable, coordinate the programs
carried out under this chapter and the programs carried out under titles
VII, VIII, and IX of the Public Health Service Act (42 U.S.C. 292 et
seq.).
(b) The Secretary may not enter into any agreement under subchapter
I of this chapter after September 30, 1979.
(c) The Secretary, after consultation with the special medical
advisory committee established pursuant to section 7312(a) of this
title, shall prescribe regulations covering the terms and conditions for
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 Secretary may determine.
(e) In carrying out the purposes of this chapter, the Secretary may
lease to any eligible institution for such consideration and under such
terms and conditions as the Secretary deems appropriate, such land,
buildings, and structures (including equipment therein) under the
control and jurisdiction of the Department as may be necessary. The
three-year limitation on the term of a lease prescribed in section
8122(a) of this title shall not apply with respect to any lease entered
into pursuant to this chapter, but no such lease may be for a period of
more than 50 years. 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 1302 of title
40, 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.
(f) In making grants under this chapter, the Secretary 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 Secretary or whose discharge
or release was for a disability incurred or aggravated in line of duty
will be given the highest priority. In carrying out this chapter and
section 7302 of this title in connection with health manpower and
training programs assisted or conducted under this title or in
affiliation with a Department medical facility, the Secretary 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 the Secretary has taken under this subsection
and the opportunities available to them as a result of such steps.
(g)(1) Each recipient of assistance under this chapter shall keep
such records as the Secretary 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 Secretary 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.
(Added Pub. L. 92-541, Sec. 2(a), Oct. 24, 1972, 86 Stat. 1101,
Sec. 5070; amended Pub. L. 94-581, title I, Sec. 116(1), (2), title II,
Sec. 210(f)(1), Oct. 21, 1976, 90 Stat. 2853, 2854, 2865; Pub. L. 96-
151, title I, Sec. 103(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 96-330,
title IV, Sec. 403(b), Aug. 26, 1980, 94 Stat. 1052; Pub. L. 97-295,
Sec. 4(94), Oct. 12, 1982, 96 Stat. 1313; renumbered Sec. 8201 and
amended Pub. L. 102-40, title IV, Secs. 402(b)(2)(A), (d)(1), 403(b)(6),
May 7, 1991, 105 Stat. 239, 240; Pub. L. 102-54, Sec. 14(f)(10), June
13, 1991, 105 Stat. 288; Pub. L. 102-83, Sec. 4(a)(1), (3), (4), (b)(1),
(2)(E), Aug. 6, 1991, 105 Stat. 403-405; Pub. L. 103-446, title XII,
Sec. 1201(d)(20), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 106-419, title
IV, Sec. 403(b), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 107-217,
Sec. 3(j)(7), Aug. 21, 2002, 116 Stat. 1301.)
References in Text
The Public Health Service Act, referred to in subsec. (a), is act
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title VII of the Public
Health Service Act was added by act July 30, 1956, ch. 779, Sec. 2, 70
Stat. 717, and is classified generally to subchapter V (Sec. 292 et
seq.) of chapter 6A of Title 42, The Public Health and Welfare; Title
VIII of the Public Health Service Act was added by act Sept. 4, 1964,
Pub. L. 88-581, Sec. 2, 78 Stat. 908, and is classified generally to
subchapter VI (Sec. 296 et seq.) of chapter 6A of Title 42; Title IX of
the Public Health Service Act, which was added by act Oct. 6, 1965, Pub.
L. 89-239, Sec. 2, 79 Stat. 926, was classified generally to subchapter
VII (Sec. 299 et seq.) of chapter 6A of Title 42, and was repealed by
Pub. L. 99-117, Sec. 12(d), Oct. 7, 1985, 99 Stat. 495. For complete
classification of this Act to the Code, see Short Title note set out
under section 201 of Title 42 and Tables.
Amendments
2002--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)''.
2000--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.''
1994--Subsec. (c). Pub. L. 103-446 substituted ``section 7312(a)''
for ``section 4112(a)''.
1991--Pub. L. 102-40, Sec. 402(b)(2)(A), renumbered section 5070 of
this title as this section.
Subsecs. (a) to (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted ``Secretary'' for ``Administrator'' wherever appearing.
Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration''.
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)''.
Pub. L. 102-40, Sec. 402(d)(1), amended subsec. (e) as amended by
Pub. L. 102-54 by substituting ``8122(a)'' for ``5022(a)''. See above.
Subsec. (f). 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''.
Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration''.
Pub. L. 102-40, Sec. 403(b)(6), substituted ``7302'' for
``4101(b)''.
Subsecs. (g), (h). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' wherever appearing.
1982--Subsec. (a). Pub. L. 97-295, Sec. 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''.
Subsec. (e). Pub. L. 97-295, Sec. 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''.
1980--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''.
1979--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.
1976--Subsec. (e). Pub. L. 94-581, Sec. 116(1), added subsec. (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 94-581, Secs. 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).
Subsec. (g). Pub. L. 94-581, Sec. 116(1), redesignated former
subsec. (f) as (g).
Subsec. (h). Pub. L. 94-581, Sec. 116(2), add
