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38 U.S.C. § 8303 — Restricted gifts
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8523&num=0&edition=prelim); 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.
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Source location: Title 38, Chapter 83, § 8303; chapter-083-acceptance-of-gifts-and-bequests.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8523&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Required Information and Evidence.—**
(1) Except as provided in paragraph (3), the Secretary shall provide to the claimant and the claimant’s representative, if any, by the most effective means available, including electronic communication or notification in writing, notice of any information, and any medical or lay evidence, not previously provided to the Secretary that is necessary to substantiate the claim. As part of that notice, the Secretary shall indicate which portion of that information and evidence, if any, is to be provided by the claimant and which portion, if any, the Secretary, in accordance with [section 5103A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5103a&num=0&edition=prelim) and any other applicable provisions of law, will attempt to obtain on behalf of the claimant.
(2)
(A) The Secretary shall prescribe in regulations requirements relating to the contents of notice to be provided under this subsection.
(B) The regulations required by this paragraph—
(i) shall specify different contents for notice based on whether the claim concerned is an original claim or a supplemental claim;
(ii) shall provide that the contents for such notice be appropriate to the type of benefits or services sought under the claim;
(iii) shall specify for each type of claim for benefits the general information and evidence required to substantiate the basic elements of such type of claim; and
(iv) shall specify the time period limitations required pursuant to subsection (b).
(3) The requirement to provide notice under paragraph (1) shall not apply with respect to a supplemental claim that is filed within the timeframe set forth in subparagraphs (B) and (D) of [section 5110(a)(2) of this title](ht
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Federal law — U.S. Code and appendices · legal_authorities
Disbursements from the Fund shall be made by the Division of Disbursements, Treasury Department, upon the order and within the discretion of the Secretary for the benefit of members and patients while being supplied care or treatment by the Department in any facility or hospital. The authority contained in the preceding sentence is not limited to facilities or hospitals under direct administrative control of the Department. There shall be paid out of the assets of the decedent so far as may be the valid claims of creditors against the decedent’s estate that would be legally payable therefrom in the absence of this subchapter and without the benefit of any exemption statute, and which may be presented to the Department within one year from the date of death, or within the time, to the person, and in the manner required or permitted by the law of the State wherein administration, if any, is had upon the estate of the deceased veteran; and also the proper expenses and costs of administration, if any. If the decedent’s estate is insolvent the distribution to creditors shall be in accordance with the laws of the decedent’s domicile, and the preferences and priorities prescribed thereby shall govern, subject to any applicable law of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1385
TITLE 38—VETERANS’ BENEFITS
§ 8305
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 adminis-
tered 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 ‘‘Adminis-
trator’’.
1986—Pub. L. 99–576 substituted ‘‘the’’ for ‘‘his’’ before
‘‘intention’’ in two places.
§ 8302. Legal proceedings
For the purpose of acquiring title to and pos-
session of any property which the Secretary is
by this chapter authorized to accept, the Sec-
retary may initiate and appear in any appro-
priate legal proceedings, and take such steps
therein or in connection therewith as in the Sec-
retary’s discretion may be desirable and appro-
priate to reduce said property to possession. The
Secretary may incur such expenses incident to
such proceedings as the Secretary deems nec-
essary or appropriate, which shall be paid as are
other administrative expenses of the Depart-
ment. All funds received by devise, bequest, gift,
or otherwise, for the purposes contemplated in
this chapter, including net proceeds of sales au-
thorized by this chapter, shall be deposited with
the Treasurer of the United States to the credit
of the General Post Fund.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1254, § 5102;
Pub. L. 99–576, title VII, § 701(90), Oct. 28, 1986, 100
Stat. 3299; renumbered § 8302, Pub. L. 102–40, title
IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L.
102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105
Stat. 404, 405.)
Editorial Notes
AMENDMENTS
1991—Pub. L. 102–40 renumbered section 5102 of this
title as this section.
P
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