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38 U.S.C. § 8201Coordination with public health programs; administration

submitted 54 years ago by Pub. L. 92-541 to r/title-38-VETERANS-BENEFITS · 640 words · no verdicts yet

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The VA and Department of Health and Human Services must coordinate certain veterans' health training programs with related public health programs, as much as practical. The VA cannot make new agreements under one part of this chapter after September 30, 1979, and must follow rules for grants and leases, including a special 50-year lease limit tied to this chapter. Grant recipients get priority consideration if they promise to favor qualified veterans, and must keep detailed records the Secretary and Comptroller General can audit.

(a) The Secretary and the Secretary of Health and Human Services must coordinate, as much as practically possible, the programs run under this chapter with programs run under titles VII, VIII, and IX of the Public Health Service Act. (b) The Secretary cannot enter into any new agreement under subchapter I of this chapter after September 30, 1979. (c) The Secretary, after talking with the special medical advisory committee set up under section 7312(a), must write regulations covering the terms for entering agreements and making grants under this chapter. (d) Grant payments under this chapter can be made in installments, in advance, or as reimbursement, with adjustments for any overpayment or underpayment, as the Secretary decides. (e) To carry out this chapter's purposes, the Secretary may lease VA-controlled land, buildings, and structures — including equipment inside them — to eligible institutions, on whatever terms the Secretary thinks are appropriate. The usual three-year lease limit under section 8122(a) does not apply here, but leases under this chapter still cannot run longer than 50 years. These leases can skip certain requirements in title 41, section 6101(b) through (d). And despite title 40, section 1302, a lease under this chapter can require the tenant to maintain, protect, or restore the leased property as part of the rent. (f) When making grants, the Secretary must give special consideration to institutions that promise, in the grant agreement, to give admission priority to qualified veterans who got medical military job skills during their service — and among those veterans, to give the highest priority to Vietnam-era veterans and veterans who get disability compensation, or whose discharge was due to a service-related disability. In running this chapter and section 7302 for health-training programs connected to a VA medical facility, the Secretary must encourage institutions to follow these priorities and must tell qualified veterans about the steps taken and the opportunities available to them. (g)(1) Everyone who gets assistance under this chapter must keep records the Secretary requires — including records showing how the money was spent, the total cost of the project, how much other sources contributed, and records that support an effective audit. (2) The Secretary and the Comptroller General, or their authorized representatives, can inspect any books, documents, papers, and records of the recipient that relate to that assistance.
the actual law source: uscode.house.gov ↗public domain
(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 6101(b) to (d) of title 41. 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.

Source credit: (Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1101, § 5070; amended Pub. L. 94–581, title I, § 116(1), (2), title II, § 210(f)(1), Oct. 21, 1976, 90 Stat. 2853, 2854, 2865; Pub. L. 96–151, title I, § 103(a), Dec. 20, 1979, 93 Stat. 1093; Pub. L. 96–330, title IV, § 403(b), Aug. 26, 1980, 94 Stat. 1052; Pub. L. 97–295, § 4(94), Oct. 12, 1982, 96 Stat. 1313; renumbered § 8201 and amended Pub. L. 102–40, title IV, §§ 402(b)(2)(A), (d)(1), 403(b)(6), May 7, 1991, 105 Stat. 239, 240; Pub. L. 102–54, § 14(f)(10), June 13, 1991, 105 Stat. 288; Pub. L. 102–83, § 4(a)(1), (3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 103–446, title XII, § 1201(d)(20), Nov. 2, 1994, 108 Stat. 4685; Pub. L. 106–419, title IV, § 403(b), Nov. 1, 2000, 114 Stat. 1864; Pub. L. 107–217, § 3(j)(7), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 111–350, § 5(j)(9), Jan. 4, 2011, 124 Stat. 3850.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-541 · 86 Stat. 1101
  • 1976Amended · Pub. L. 94-581 · 90 Stat. 2853, 2854, 2865
  • 1979Amended · Pub. L. 96-151 · 93 Stat. 1093
  • 1980Amended · Pub. L. 96-330 · 94 Stat. 1052
  • 1982Amended · Pub. L. 97-295 · 96 Stat. 1313
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 239, 240
  • 1991Amended · Pub. L. 102-54 · 105 Stat. 288
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 403
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4685
  • 2000Amended · Pub. L. 106-419 · 114 Stat. 1864
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1301
  • 2011Amended · Pub. L. 111-350 · 124 Stat. 3850

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-541 on 1972-10-24.

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