38 U.S.C. § 8304 — Disposition of property

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. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing, ‘‘Sec- retary’s’’ for ‘‘Administrator’s’’, and ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1986—Pub. L. 99–576 substituted ‘‘the Administrator’’ for ‘‘he’’ in two places, ‘‘the Administrator’s’’ for ‘‘his’’, and ‘‘The Administrator’’ for ‘‘He’’. § 8303. Restricted gifts Disbursements from the General Post Fund shall be made on orders by and within the dis- cretion of the Secretary and in the manner pre- scribed in section 8523 of this title; except that (1) if the testator or donor has directed or shall direct that the devise, bequest, or gift be de- voted 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 per- sons in hospitals or homes, or other institutions operated by the United States but under the ju- risdiction of an official other than the Sec- retary, the same, less expenses incurred, or the net proceeds thereof which may come into pos- session of the Secretary, shall be disbursed by transfer to the governing authorities of such in- stitution, or otherwise, in such manner as the Secretary may determine, for the benefit of the persons in the institution indicated by the tes- tator or donor, for proper purposes, as nearly as practicable in conformity with such desire of the testator or donor. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5103; Pub. L. 99–576, title VII, § 701(91), Oct. 28, 1986, 100 Stat. 3299; renumbered § 8303 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 5103 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ wherever appearing. Pub. L. 102–40, § 402(d)(1), substituted ‘‘8523’’ for ‘‘5223’’. 1986—Pub. L. 99–576 substituted ‘‘the’’ for ‘‘his’’ in three places. § 8304. Disposition of property If the Secretary receives any property other than moneys as contemplated by this chapter, the Secretary is authorized in the Secretary’s discretion to sell, assign, transfer, and convey the same, or any interest therein claimed by vir- tue of such devise, bequest, or gift, for such price and upon such terms as the Secretary deems advantageous (including consent to parti- tion of realty and compromise of contested claim of title) and the Secretary’s assignment, deed, or other conveyance of any such property, executed in the name and on behalf of the United States, shall be valid to pass to the pur- chaser thereof such title to said property as the United States, beneficially or as trustee of the General Post Fund, may have by virtue of any such devise, bequest, or gift, and the proceedings incident thereto, subject to the conditions, limi- tations, and provisions of the instruments so ex- ecuted by the Secretary. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1255, § 5104; Pub. L. 99–576, title VII, § 701(92), Oct. 28, 1986, 100 Stat. 3299; renumbered § 8304, 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 5104 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 two places, and ‘‘the Administrator’s’’ for ‘‘his’’ in two places. § 8305. Savings provision (a) Nothing contained in this chapter shall be construed to repeal or modify any law author- izing the acceptance of devises, bequests, or gifts to the United States for their own use and