38 U.S.C. § 8523 — Disbursements from the Fund

Page 1391 TITLE 38—VETERANS’ BENEFITS § 8524 § 8522. Sale of assets accruing to the Fund Any assets heretofore or hereafter accruing to the benefit of the Fund, other than money, but including jewelry and other personal effects, may be sold at the times and places and in the manner prescribed by regulations issued by the Secretary. Upon receipt of the purchase price the Secretary is authorized to deliver at the place of sale, said property sold, and upon re- quest to execute and deliver appropriate assign- ments or other conveyances thereof in the name of the United States, which shall pass to the purchaser such title as decedent had at date of death. The net proceeds after paying any proper sales expense as determined by the Secretary shall forthwith be paid to the Treasurer of the United States to the credit of the Fund; and may be disbursed as are other moneys in the Fund by the Division of Disbursements, Treas- ury Department, upon order of said Secretary. Articles of personal adornment which are obvi- ously of sentimental value, shall be retained and not sold or otherwise disposed of until the expi- ration of five years from the date of death of the veteran, without a claim therefor, unless for sanitary or other proper reasons it is deemed un- safe to retain same, in which event they may be destroyed forthwith. Any other articles coming into possession of the Secretary or the Sec- retary’s representative by virtue of this sub- chapter which, under regulations promulgated by the Secretary, are determined to be unsalable may be destroyed forthwith or at the time pre- scribed by regulations, or may be used for the purposes for which disbursements might prop- erly be made from the Fund, or if not usable, otherwise disposed of in accordance with regula- tions. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5222; Pub. L. 99–576, title VII, § 701(101), Oct. 28, 1986, 100 Stat. 3300; renumbered § 8522, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 5222 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ and ‘‘Secretary’s’’ for ‘‘Administrator’s’’ wher- ever appearing. 1986—Pub. L. 99–576 substituted ‘‘the Administrator’’ for ‘‘he’’ in second sentence, and ‘‘the Administrator’s’’ for ‘‘his’’ in last sentence. Executive Documents TRANSFER OF FUNCTIONS Division of Disbursements of Treasury Department consolidated into Fiscal Service of Treasury Depart- ment by section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Em- ployees. See section 306 of Title 31, Money and Finance. § 8523. Disbursements from the Fund Disbursements from the Fund shall be made by the Division of Disbursements, Treasury De- partment, upon the order and within the discre- tion of the Secretary for the benefit of members and patients while being supplied care or treat- ment by the Department in any facility or hos- pital. The authority contained in the preceding sentence is not limited to facilities or hospitals under direct administrative control of the De- partment. 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 ab- sence 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 per- mitted by the law of the State wherein adminis- tration, if any, is had upon the estate of the de- ceased 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 dece- dent’s domicile, and the preferences and prior- ities prescribed thereby shall govern, subject to any applicable law of the United States. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1260, § 5223; Pub. L. 99–576, title VII, § 701(102), Oct. 28, 1986, 100 Stat. 3300; renumbered § 8523, 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 5223 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ and ‘‘Department’’ for ‘‘Veterans’ Administra- tion’’ wherever appearing. 1986—Pub. L. 99–576 substituted ‘‘the decedent’s’’ for ‘‘his’’ in two places. Executive Documents TRANSFER OF FUNCTIONS Division of Disbursements of Treasury Department consolidated into Fiscal Service of Treasury Depart- ment by section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Em- ployees. See section 306 of Title 31, Money and Finance. § 8524. Disposal of remaining assets The remainder of such assets or their proceeds shall become assets of the United States as trustee for the Fund and disposed of in accord- ance with this subchapter. If there is adminis- tration upon the decedent’s estate such assets, other than money, upon claim therefor within the time required by law, shall be delivered by the administrator of the estate to the Secretary or the Secretary’s authorized representative, as upon final distribution; and upon the same claim there shall be paid to the Treasurer of the United States for credit to the Fund any such money, available for final distribution. In the absence of administration, any money, chose in action, or other property of the deceased vet- eran held by any person shall be paid or trans- ferred to the Secretary upon demand by the Sec- retary or the Secretary’s duly authorized rep- resentative, who shall deliver itemized receipt