
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 403(b)]
[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 321 of the Act 
of June 30, 1932 (40 U.S.C. 303b), 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.
    (h) 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.

(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.)

                       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

    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), added subsec. (h).


                    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.


                               Short Title

    For short title of Pub. L. 92-541, Oct. 24, 1972, 86 Stat. 1101, 
which enacted this chapter, see Short Title of 1972 Amendments note set 
out under section 101 of this title.


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. Advisory committees established after Jan. 5, 
1973, to terminate not later than the expiration of the 2-year period 
beginning on the date of their establishment, unless, in the case of a 
committee established by the President or an officer of the Federal 
Government, such committee is renewed by appropriate action prior to the 
expiration of such 2-year period, or in the case of a committee 
established by the Congress, its duration is otherwise provided by law. 
See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in 
the Appendix to Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 8213 of this title.
