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38 U.S.C. § 8305 — Savings provision

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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Source location: Title 38, Chapter 83, § 8305; chapter-083-acceptance-of-gifts-and-bequests.md

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

38 U.S.C. § 5105 — Joint applications for social security and dependency and indemnity compensation

**(a)** The Secretary and the Commissioner of Social Security may jointly prescribe forms for use by survivors of members and former members of the uniformed services in filing application for benefits under chapter 13 of this title and title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.). Such forms shall request information sufficient to constitute an application for benefits under both chapter 13 of this title and title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.). **(b)** When an application on any document indicating an intent to apply for survivor benefits is filed with either the Secretary or the Commissioner of Social Security, it shall be deemed to be an application for benefits under both chapter 13 of this title and title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.). A copy of each such application filed with either the Secretary or the Commissioner, together with any additional information and supporting documents (or certifications thereof) which may have been received by the Secretary or the Commissioner with such application, and which may be needed by the other official in connection therewith, shall be transmitted by the Secretary or the Commissioner receiving the application to the other official. The preceding sentence shall not prevent the Secretary and the Commissioner of Social Security from requesting the applicant, or any other individual, to furnish such additional information as may be necessary for purposes of c

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

38 U.S.C. § 8305 — Savings provision

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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