US (United States) Code. Title 38. Chapter 83: Acceptance of gifts and bequests

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits. Acquisition and disposition of property

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  • País: Estados Unidos Estados Unidos
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-CITE-

38 USC CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS

-HEAD-

CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS

-MISC1-

Sec.

8301. Authority to accept gifts, devises, and bequests.

8302. Legal proceedings.

8303. Restricted gifts.

8304. Disposition of property.

8305. Savings provision.

AMENDMENTS

1991 - Pub. L. 102-40, title IV, Sec. 402(c)(1), May 7, 1991, 105

Stat. 239, renumbered items 5101 to 5105 as 8301 to 8305,

respectively.

-End-

-CITE-

38 USC Sec. 8301 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS

-HEAD-

Sec. 8301. Authority to accept gifts, devises, and bequests

-STATUTE-

The Secretary may accept devises, bequests, and gifts, made in

any manner, with respect to which the testator or donor shall have

indicated the intention that such property shall be for the benefit

of groups of persons formerly in the active military, naval, or air

service who by virtue of such service alone, or disability suffered

therein or therefrom, are or shall be patients or members of any

one or more hospitals or homes operated by the United States

Government, or has indicated the intention that such property shall

be for the benefit of any such hospital or home, or shall be paid

or delivered to any official, as such, or any agency in

administrative control thereof. The Secretary may also accept, for

use in carrying out all laws administered by the Secretary, gifts,

devises, and bequests which will enhance the Secretary's ability to

provide services or benefits.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1254, Sec. 5101; Pub. L.

99-576, title VII, Sec. 701(89), Oct. 28, 1986, 100 Stat. 3299;

renumbered Sec. 8301, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405; Pub. L. 102-86, title V, Sec. 504,

Aug. 14, 1991, 105 Stat. 426.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5101 of this title as

this section.

Pub. L. 102-86 inserted at end "The Secretary may also accept,

for use in carrying out all laws administered by the Secretary,

gifts, devises, and bequests which will enhance the Secretary's

ability to provide services or benefits."

Pub. L. 102-83 substituted "Secretary" for "Administrator".

1986 - Pub. L. 99-576 substituted "the" for "his" before

"intention" in two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8305 of this title.

-End-

-CITE-

38 USC Sec. 8302 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS

-HEAD-

Sec. 8302. Legal proceedings

-STATUTE-

For the purpose of acquiring title to and possession of any

property which the Secretary is by this chapter authorized to

accept, the Secretary may initiate and appear in any appropriate

legal proceedings, and take such steps therein or in connection

therewith as in the Secretary's discretion may be desirable and

appropriate to reduce said property to possession. The Secretary

may incur such expenses incident to such proceedings as the

Secretary deems necessary or appropriate, which shall be paid as

are other administrative expenses of the Department. All funds

received by devise, bequest, gift, or otherwise, for the purposes

contemplated in this chapter, including net proceeds of sales

authorized by this chapter, shall be deposited with the Treasurer

of the United States to the credit of the General Post Fund.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1254, Sec. 5102; Pub. L.

99-576, title VII, Sec. 701(90), Oct. 28, 1986, 100 Stat. 3299;

renumbered Sec. 8302, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1),

(2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5102 of this title as

this section.

Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for

"Administrator" wherever appearing, "Secretary's" for

"Administrator's", and "Department" for "Veterans' Administration".

1986 - Pub. L. 99-576 substituted "the Administrator" for "he" in

two places, "the Administrator's" for "his", and "The

Administrator" for "He".

-End-

-CITE-

38 USC Sec. 8303 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS

-HEAD-

Sec. 8303. Restricted gifts

-STATUTE-

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.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1255, Sec. 5103; Pub. L.

99-576, title VII, Sec. 701(91), Oct. 28, 1986, 100 Stat. 3299;

renumbered Sec. 8303 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102-83,

Sec. 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 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, Sec. 402(d)(1), substituted "8523" for "5223".

1986 - Pub. L. 99-576 substituted "the" for "his" in three

places.

-End-

-CITE-

38 USC Sec. 8304 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS

-HEAD-

Sec. 8304. Disposition of property

-STATUTE-

If the Secretary receives any property other than moneys as

contemplated by this chapter, the Secretary is authorized in the

Secretary's discretion to sell, assign, transfer, and convey the

same, or any interest therein claimed by virtue of such devise,

bequest, or gift, for such price and upon such terms as the

Secretary deems advantageous (including consent to partition of

realty and compromise of contested claim of title) and the

Secretary's assignment, deed, or other conveyance of any such

property, executed in the name and on behalf of the United States,

shall be valid to pass to the purchaser thereof such title to said

property as the United States, beneficially or as trustee of the

General Post Fund, may have by virtue of any such devise, bequest,

or gift, and the proceedings incident thereto, subject to the

conditions, limitations, and provisions of the instruments so

executed by the Secretary.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1255, Sec. 5104; Pub. L.

99-576, title VII, Sec. 701(92), Oct. 28, 1986, 100 Stat. 3299;

renumbered Sec. 8304, Pub. L. 102-40, title IV, Sec. 402(b)(1), May

7, 1991, 105 Stat. 238; Pub. L. 102-83, Sec. 4(b)(1), (2)(E), Aug.

6, 1991, 105 Stat. 404, 405.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40 renumbered section 5104 of this title as

this section.

Pub. L. 102-83 substituted "Secretary" for "Administrator" and

"Secretary's" for "Administrator's" wherever appearing.

1986 - Pub. L. 99-576 substituted "the Administrator" for "he" in

two places, and "the Administrator's" for "his" in two places.

-End-

-CITE-

38 USC Sec. 8305 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART VI - ACQUISITION AND DISPOSITION OF PROPERTY

CHAPTER 83 - ACCEPTANCE OF GIFTS AND BEQUESTS

-HEAD-

Sec. 8305. Savings provision

-STATUTE-

(a) Nothing contained in this chapter shall be construed to

repeal or modify any law authorizing the acceptance of devises,

bequests, or gifts to the United States for their own use and

benefit or for any particular purpose specified by the donors or

testators.

(b) Whenever the United States receives property and it appears

that it is, or shall have been, the intention of the testator or

donor that such devise, bequest, or gift be for the benefit of

those persons described in section 8301 of this title, or any

particular hospital or other institution operated primarily for

their benefit, such property or the proceeds thereof shall be

credited to the General Post Fund, and shall be used or disbursed

in accordance with the provisions of this chapter.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1255, Sec. 5105;

renumbered Sec. 8305 and amended Pub. L. 102-40, title IV, Sec.

402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 5105 of

this title as this section.

Subsec. (b). Pub. L. 102-40, Sec. 402(d)(1), substituted "8301"

for "5101".

-End-