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38 U.S.C. § 8213Pilot program assistance

submitted 54 years ago by Pub. L. 92-541 to r/title-38-VETERANS-BENEFITS · 587 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Veterans Affairs may help state-supported colleges build new medical schools. It can fix up buildings and pay part of faculty salaries for eight years, at falling rates. If the school breaks its promises, the Secretary can take the facilities back in court.

(a) Assistance the Secretary may give: Subject to subsection (b), the Secretary may agree to help any college or university that is mainly supported by the state it is in (called an "institution" in this subchapter) start a new medical school. The assistance can include: (1) fixing up buildings — extending, altering, remodeling, improving, or repairing buildings and structures, including equipment provided as part of a lease, so they work as medical school facilities; and (2) grants toward faculty salaries during the school's first 12-month period of operation and the next six such periods, capped at 90 percent of the cost in the first period, 90 percent in the second, 90 percent in the third, 80 percent in the fourth, 70 percent in the fifth, 60 percent in the sixth, and 50 percent in the seventh and eighth periods. (b) Requirements before agreeing: (1) The Secretary cannot enter such an agreement unless satisfied, with assurances built into the agreement, that: (A) there is adequate state or other financial support for the proposed school; (B) the school's overall plans meet whatever professional and other standards the Secretary considers appropriate; (C) the school will keep up arrangements with the Department medical facility it is associated with — including arrangements made under subchapter IV of chapter 81 of this title — that benefit both the facility's mission and the school; and (D) after consulting the accreditation body approved for this purpose by the Secretary of Education, there is reasonable assurance the school will meet that body's accreditation standards within a reasonable time with the agreement's help. (2) Every agreement must also include whatever other terms and conditions the Secretary considers necessary and appropriate to protect the interests of the United States, beyond those already required by section 8201(e) and paragraph (b)(1). (c) Recovering the facilities: If the Secretary determines, under regulations the Secretary prescribes, that a school established with assistance under this chapter (1) is not accredited and fails to gain accreditation within a reasonable time, (2) is accredited but substantially fails to carry out the terms of its agreement, or (3) is no longer operated for the purpose the assistance was granted for, then the Secretary is entitled to recover from the recipient the facilities that were built with that assistance. To recover the facilities, the Secretary may bring an action in the U.S. district court for the district where the facilities are located.
the actual law source: uscode.house.gov ↗public domain
(a)

Subject to subsection (b) of this section, the Secretary may enter into an agreement to provide to any college or university which is primarily supported by the State in which it is located (hereinafter in this subchapter referred to as “institution”) the following assistance to enable such institution to establish a new medical school:

(1)

The extension, alteration, remodeling, improvement, or repair of buildings and structures (including, as part of a lease made under paragraph (1), the provision of equipment) provided under paragraph (1) to the extent necessary to make them suitable for use as medical school facilities.

(2)

The making of grants to assist the institution to pay the cost of the salaries of the faculty of such school during the initial 12-month period of operation of the school and the next six such 12-month periods, but payment under this paragraph may not exceed an amount equal to—

(A)

90 percent of the cost of faculty salaries during the first 12-month period of operation,

(B)

90 percent of such cost during the second such period,

(C)

90 percent of such cost during the third such period,

(D)

80 percent of such cost during the fourth such period,

(E)

70 percent of such cost during the fifth such period,

(F)

60 percent of such cost during the sixth such period, and

(G)

50 percent of such cost during the seventh and eighth such periods.

(b)
(1)

The Secretary may not enter into any agreement under subsection (a) of this section unless the Secretary finds, and the agreement includes satisfactory assurances, that—

(A)

there will be adequate State or other financial support for the proposed school;

(B)

the overall plans for the school meet such professional and other standards as the Secretary deems appropriate;

(C)

the school will maintain such arrangements with the Department medical facility with which it is associated (including but not limited to such arrangements as may be made under subchapter IV of chapter 81 of this title) as will be mutually beneficial in the carrying out of the mission of the medical facility and the school; and

(D)

on the basis of consultation with the appropriate accreditation body or bodies approved for such purpose by the Secretary of Education, there is reasonable assurance that, with the aid of an agreement under subsection (a) of this section, such school will meet the accreditation standards of such body or bodies within a reasonable time.

(2)

Any agreement entered into by the Secretary under this subchapter shall contain such terms and conditions (in addition to those imposed pursuant to section 8201(e) of this title and subsection (b)(1) of this section) as the Secretary deems necessary and appropriate to protect the interest of the United States.

(c)

If the Secretary, in accordance with such regulations as the Secretary shall prescribe, determines that any school established with assistance under this chapter—

(1)

is not accredited and fails to gain appropriate accreditation within a reasonable period of time;

(2)

is accredited but fails substantially to carry out the terms of the agreement entered into under this chapter; or

(3)

is no longer operated for the purpose for which such assistance was granted,

the Secretary shall be entitled to recover from the recipient of assistance under this chapter the facilities of such school which were established with assistance under this chapter. In order to recover such facilities the Secretary may bring an action in the district court of the United States for the district in which such facilities are situated.

Source credit: (Added Pub. L. 92–541, § 2(a), Oct. 24, 1972, 86 Stat. 1102, § 5073; amended Pub. L. 94–581, title I, § 116(3), (4), title II, § 210(f)(3), Oct. 21, 1976, 90 Stat. 2854, 2865; Pub. L. 97–15, June 17, 1981, 95 Stat. 99; Pub. L. 97–295, § 4(95)(B), Oct. 12, 1982, 96 Stat. 1313; Pub. L. 99–576, title VII, § 702(16), Oct. 28, 1986, 100 Stat. 3302; renumbered § 8213 and amended Pub. L. 102–40, title IV, § 402(b)(2)(B), (d)(1), May 7, 1991, 105 Stat. 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

history & why it existsrecord from the source credit
  • 1972Enacted · Pub. L. 92-541 · 86 Stat. 1102
  • 1976Amended · Pub. L. 94-581 · 90 Stat. 2854, 2865
  • 1981Amended · Pub. L. 97-15 · 95 Stat. 99
  • 1982Amended · Pub. L. 97-295 · 96 Stat. 1313
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3302
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 239
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405

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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