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38 U.S.C. § 8301 — Authority to accept gifts, devises, and bequests

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8301 — Authority to accept gifts, devises, and bequests

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, air, or space 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.

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Stable record: federal_law:legal_authorities:record_usc_37c013faa10a937858911b17
Source file: Laws/federal/codes/united-states-code/title-38/section-8301-authority-to-accept-gifts-devises-and-bequests--7ce7d9f82a.md
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Source location: Title 38, Chapter 83, § 8301; chapter-083-acceptance-of-gifts-and-bequests.md

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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, air, or space 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5101 — Claims and forms

**(a)** (1) (A) Except as provided in subparagraph (B), a specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5105&num=0&edition=prelim)) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary. (B) (i) The Secretary may pay benefits under chapters 13 and 15 and sections 2303, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits. (ii) For purposes of this subparagraph and [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim), the earlier of the following dates shall be treated as the date of the receipt of the survivor’s application for benefits described in clause (i): (I) The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors’ benefits identified in clause (i). (II) The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran. (iii) In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim. (2) If an individual has

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8305 — Savings provision

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8301&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 8301 — Authority to accept gifts, devises, and be-

Page 1384 TITLE 38—VETERANS’ BENEFITS § 8241 Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ and ‘‘Secretary’s’’ for ‘‘Administrator’s’’ wherever appearing. 1980—Subsec. (b)(1). Pub. L. 96–330 struck out ‘‘and will result in a substantial increase in the number of students trained at such institution, provided that there is reasonable assurance from a recognized accred- iting body or bodies approved for such purposes by the Commissioner of Education of the Department of Health, Education, and Welfare that the increase in the number of students will not threaten any existing ac- creditation or otherwise compromise the quality of the training at such institution’’ after ‘‘training program of the eligible institution’’. 1976—Subsec. (b). Pub. L. 94–581 substituted ‘‘the Ad- ministrator’s’’ for ‘‘his’’ in provisions preceding par. (1) and in par. (4). Statutory Notes and Related Subsidiaries 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. SUBCHAPTER IV—EXPANSION OF DEPART- MENT HOSPITAL EDUCATION AND TRAIN- ING CAPACITY Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404, substituted ‘‘DEPARTMENT’’ for ‘‘VETERANS’ ADMINISTRATION’’. § 8241. Expenditures to remodel and make spe- cial allocations to Department hospitals for health manpower education and training Out of funds appropriated to the Department pursuant to the authorization in se

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