Page images
PDF
EPUB

and Surgery. To the extent that facilities are available, other medical and health personnel shall, on a fully reimbursable basis, be eligible for in-residence training in the Centers. (Added Pub. L. 92-541, § 3 (a), Oct. 24, 1972, 86 Stat. 1107.)

§ 4124. Consultation.

The Chief Medical Director shall carry out the provisions of this subchapter after consultation with the special medical advisory group established pursuant to section 4112(a) of this title. (Added Pub. L. 92-541, § 3(a), Oct. 24, 1972, 86 Stat. 1108.)

Chapter 75.-VETERANS' CANTEEN SERVICE § 4204. Financing of Service.

To finance the establishment, maintenance, and operation of the Service there is hereby authorized to be appropriated, from time to time, such amounts as are necessary to provide for (1) the acquisition of necessary furniture, furnishings, fixtures, and equipment for the establishment, maintenance, and operation of canteens, warehouses, and storage depots; (2) stocks of merchandise and supplies for canteens and reserve stocks of same in warehouses and storage depots; (3) salaries, wages, and expenses of all employees; (4) administrative and operation expenses; and (5) adequate working capital for each canteen and for the Service as a whole. Amounts appropriated under the authority contained in this chapter, amounts heretofore appropriated to carry out Public Law 636, Seventy-ninth Congress, and all income from canteen operations become and will be administered as a revolving fund to effectuate the provisions of this chapter. (As amended Pub. L. 92-310, title II, § 209, June 6, 1972, 86 Stat. 204.) AMENDMENTS

1972-Pub. L. 92-310 eliminated words "and premiums on fidelity bonds of employees" from cl. (4).

[blocks in formation]

(2) The Administrator, subject to the approval of the President, is authorized to establish and operate not less than one hundred and twenty-five thousand hospital beds in facilities over which the Administrator has direct and exclusive jurisdiction for the care and treatment of eligible veterans who are tuberculosis, neuropsychiatric, medical, and surgical cases, and the Administrator shall staff and maintain, in such a manner as to insure the immediate acceptance and timely and complete care of patients, sufficient beds and other treatment capacities to accommodate, and provide such care to, eligible veterans applying for admission and found to be in need of hospital care or medical services. The Administrator shall maintain the bed and treatment capacities of all Veterans' Administration medical facilities so as to insure the accessibility and availability of such beds and treatment capacities to eligible veterans in all States and to minimize delays in admissions and in the provision of such care and of services pursuant to section 612 of this title. The Chief Medical Director shall periodically analyze agencywide admission policies and the records of those eligible veterans who apply for hospital care and medical services but are rejected or not immediately admitted or provided such care or services, and the Administrator shall annually advise the House and Senate Committees on Veterans' Affairs of the results of such analysis and the number of any additional beds and treatment capacities and the appropriate staffing and funds therefor found necessary to meet the needs of such veterans for such necessary care and services.

(3) The Administrator, subject to the approval of the President, shall establish and operate not less than eight thousands beds in the fiscal year ending June 30, 1974, and in each fiscal year thereafter for the furnishing of nursing home care to eligible veterans in facilities over which the Administrator has direct and exclusive jurisdiction. The nursing beds authorized by this paragraph shall be in addition to the hospital beds provided for in paragraph (2) of this subsection.

(b) Hospitals, domiciliaries, and other medical facilities provided by the Administrator (including nursing home facilities for which the Administrator contracts under section 620 of this title) shall be of fire, earthquake, and other natural disaster resistant construction in accordance with standards which the Administrator shall prescribe on a State or regional basis after surveying appropriate State and local laws, ordinances, and building codes and climatic and seismic conditions pertinent to each such facility. When an existing plant is purchased, it shall be remodeled to comply with the requirements stated in the first sentence of this subsection. In order to carry out this subsection, the Administrator shall appoint an Advisory Committee on Structural Safety of Veterans' Administration Facilities, on which shall serve at least one architect and one structural engineer expert in fire, earthquake, and other natural disaster resistance who shall not be employees of the Federal Government, to advise him on all mat

ters of structural safety in the construction and remodeling of Veterans' Administration facilities in accordance with the requirement of this subsection, and which shall approve regulations prescribed thereunder. The Associate Deputy Administrator, the Chief Medical Director, or his designee, and the Veterans' Administration official charged with the responsibility for construction shall be ex officio members of such committee.

(g) The Administrator may make contributions tc local authorities toward, or for, the construction of traffic controls, road improvements, or other devices adjacent to Veterans' Administration medical facilities when deemed necessary for safe ingress or egress. (As amended Pub. L. 93-82, title III, § 301, Aug. 2, 1973, 87 Stat. 195.)

AMENDMENTS

1973 Subsec. (a) (2). Pub. L. 93-82, § 301(a)(1), added provisions that the Administrator shall staff and maintain sufficient beds to insure immediate acceptance and timely and complete cure of eligible patients and that the Administrator maintain adequate bed and treatment capacities of all Veterans' Administration medical facilities so as to insure the accessibility and availability of such beds and treatment capacities to eligible veterans in all states and that the Chief Medical Director periodically analyze agencywide admission policies and records and that the Administrator advise annually the House and Senate Committees on Veterans' Affairs of the results of such analysis and future requirements.

Subsec. (a) (3). Pub. L. 93-82, § 301 (a) (2), made it mandatory for the Administrator to establish and operate not less than eight thousand beds in the fiscal year ending June 30, 1974, and in each fiscal year thereafter.

Subsec. (b). Pub. L. 93-82, § 301 (b), added requirements that the Administrator make fire, earthquake, and other disaster resistance studies, to ensure that all new construction and new acquisitions meet new safety standards he is directed to prescribe and provide for the appointment of an intra-agency Advisory Committee on Structural Safety in Veterans' Administration facilities. Subsec. (g). Pub. L. 93-82, § 301 (c), added subsec. (g).

EFFECTIVE DATE OF 1973 AMENDMENT

Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

§ 5007. Partial relinquishment of legislative jurisdiction.

The Administrator, on behalf of the United States, may relinquish to the State in which any lands or interests therein under his supervision or control are situated, such measure of legislative jurisdiction over such lands or interests as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of legislative jurisdiction shall be initiated by filing a notice thereof with the Governor of the State concerned, or in such other manner as may be prescribed by the laws of such State, and shall take effect upon acceptance by such State. (Added Pub. L. 93-82, title III, § 302(1), Aug. 2, 1973, 87 Stat. 195.)

EFFECTIVE DATE

Section effective Sept. 1, 1973, see section 501 of Pub. L 93-82, set out as a note under section 601 of this title.

SUBCHAPTER II.-PROCUREMENT AND

SUPPLY

§ 5011. Revolving supply fund.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 632 of this title.

§ 5012. Authority to procure and dispose of property and to negotiate for common services.

(a) The Administrator may lease for a term not exceeding three years lands or buildings, or parts or parcels thereof, belonging to the United States and under his control. Any lease made pursuant to this subsection to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section 321 of the Act entitled "An Act making appropriations for the legislative branch of the Government for the fiscal year ending June 30, 1933, and for other purposes," approved June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a lease made pursuant to this subsection to any public or nonprofit organization may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease. Prior to the execution of any such lease, the Administrator shall give appropriate public notice of his intention to do so in the newspaper of the community in which the lands or buildings to be leased are located. The proceeds from such leases, less expenses for maintenance, operation, and repair of buildings leased for living quarters, shall be covered into the Treasury of the United States as miscellaneous receipts.

*

(As amended Pub. L. 93-82, title III, § 302 (2), Aug. 2. 1973, 87 Stat. 195.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-82 added provisions that leases under this subsection may be made without regard to section 5 of Title 41, that notwithstanding section 303b of Title 40 or any other provision of law, such leases may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease and that prior to the execution of the leases, the Administrator shall notify his intention in the local newspaper.

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 5073 of this title.

§ 5014. Grant of easements in Government-owned lands.

SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 43 section 421c.

SUBCHAPTER II.-STATE HOME FACILITIES
FOR FURNISHING NURSING HOME CARE
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 5073, 5083 of
this title.

§ 5033. Authorization of appropriations.

(a) There is hereby authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1965, and a like sum for each of the fourteen succeeding

fiscal years. Sums appropriated pursuant to this section shall be used for making grants to States which have submitted and have had approved by the Administrator, applications for carrying out the purposes of section 5032 of this title.

*

(As amended Pub. L. 93-82, title IV, § 403 (c), Aug. 2, 1973, 87 Stat. 196.)

AMENDMENTS

1973-Subsec. (a). Pub. L. 93-82 substituted "fourteen succeeding fiscal years" for "nine succeeding fiscal years".

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

§ 5034. General regulations.

Within six months after the date of enactment of this subchapter, the Administrator shall prescribe the following by regulation:

(1) The number of beds required to provide adequate nursing home care to war veterans residing in each State, which number shall not exceed two and one-half beds per thousand war veteran population in the case of any State.

(As amended Pub. L. 93-82, title IV, § 403 (d), Aug. 2, 1973, 87 Stat. 196.)

AMENDMENTS

1973-Par. (1). Pub. L. 93–82 substituted "two and onehalf beds" for "one and one-half beds".

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

§ 5035. Applications with respect to projects; pay

ments.

(a) After regulations have been prescribed by the Administrator under section 5034 of this title, any State desiring to receive assistance for a project for construction of State home facilities for furnishing nursing home care must submit to the Administrator an application. Such application shall set forth

(1) the amount of the grant requested with respect to such project which may not exceed 65 per centum of the estimated cost of construction of such project,

(b) The Administrator shall approve any such application if he finds that

(2) such grant does not exceed 65 per centum of the estimated cost of construction of such project,

(d) Upon approving an application under this section, the Administrator shall certify to the Secretary of the Treasury the amount of the grant requested with respect to such project in such application, but in no event an amount greater than 65 per centum of the estimated cost of construction of the

project, and shall designate the appropriation from which it shall be paid. Such certification shall provide for payment to the applicant or, if designated by the applicant, the State home for which such project is being constructed or any other agency or instrumentality of the applicant. Such amount shall be paid, in advance or by way of reimbursement, and in such installments consistent with the progress of construction as the Administrator may determine and certify for payment to the Secretary of the Treasury. Funds paid under this section for the construction of an approved project shall be used solely for carrying out such project as so approved.

(As amended Pub. L. 93-82, title IV, § 403 (e), Aug. 2, 1973, 87 Stat. 196.)

AMENDMENTS

1973-Subsec. (a) (1). Pub. L. 93-82 substituted "65 per centum" for "50 per centum".

Subsec. (b) (2). Pub. L. 93-82 substituted "65 per centum" for "50 per centum".

Subsec. (d). Pub. L. 93-82 substituted "65 per centum" for "50 per centum".

EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-82 effective Sept. 1, 1973, see section 501 of Pub. L. 93-82, set out as a note under section 601 of this title.

§ 5036. Recapture provisions.

If, within twenty years after completion of any project, for construction of facilities for furnishing nursing home care with respect to which a grant has been made under this subchapter, such facilities cease to be operated by a State, a State home, or an agency or instrumentality of a State principally for furnishing nursing home care to war veterans, the United States shall be entitled to recover from the State which was the recipient of the grant under this subchapter, or from the then owner of such facilities, 65 per centum of the then value of such facilities, as determined by agreement of the parties or by action brought in the district court of the United States for the district in which such facilities are situated. (As amended Pub. L. 93-82, title IV, § 403 (f), Aug. 2, 1973, 87 Stat. 196.)

[blocks in formation]
[blocks in formation]

(c) (1) There is hereby authorized to be appropriated an amount not to exceed $3,000,000 for each fiscal year 1968 through 1971, and such sums as may be necessary for each fiscal year 1972 through 1975, for the purpose of developing and carrying out medical information programs under this section on a pilot program basis and for the grants authority in subsection (b) of this section. Pilot programs authorized by this subsection shall be carried out at Veterans' Administration hospitals in geographically dispersed areas of the United States.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

SUBCHAPTER III-ASSISTANCE TO PUBLIC AND NONPROFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED WITH THE VETERANS' ADMINISTRATION TO INCREASE THE PRODUCTION OF PROFESSIONAL AND OTHER HEALTH PERSONNEL

Sec.

5091. Declaration of purpose.

5092. Definition.

5093. Grants.

SUBCHAPTER IV-EXPANSION OF VETERANS' ADMINISTRATION HOSPITAL EDUCATION AND TRAINING CAPACITY

5096. Expenditures to remodel and make special allocations to Veterans' Administration hospitals for health manpower education and training.

§ 5070. Coordination with public health programs; administration.

(a) The Administrator and the Secretary of Health, Education, and Welfare shall, to the maximum extent practicable, coordinate the programs carried out under this chapter and the programs carried out under section 309 and titles VII, VIII, and IX of the Public Health Service Act.

(b) The Administrator may not enter into any agreement under subchapter I of this chapter or make any grant or provide other assistance under subchapter II or III of this chapter after the end of the seventh calendar year after the calendar year in which this chapter takes effect.

(c) The Administrator, after consultation with the special medical advisory committee established pursuant to section 4112(a) of this title, shall prescribe regulations covering the terms and conditions for entering into agreements and making grants under this chapter.

(d) Payments made pursuant to grants under this chapter may be made in installments, and either in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Administrator may determine.

(e) In making grants under this chapter, the Administrator shall give special consideration to applications from institutions which provide reasonable assurances, which shall be included in the grant agreement, that priority for admission to health manpower and training programs carried out by such institutions will be given to otherwise qualified veterans who during their military service acquired medical military occupation specialties, and that among such qualified veterans those who served during the Vietnam era and those who are entitled to disability compensation under laws administered by the Veterans' Administration or whose discharge or release was for a disability incurred or aggravated in line of duty will be given the highest priority. In carrying out this chapter and section 4101 (b) of this title in connection with health manpower and training programs assisted or conducted under this title or in affiliation with a Veterans' Administration medical facility, the Administrator shall take appropriate steps to encourage the institutions involved to afford the priorities described in the first sentence of this subsection and to advise all qualified veterans with such medical military occupation specialties of the steps he has taken under this subsection and the opportunities available to them as a result of such steps.

(f) (1) Each recipient of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is made or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit.

(2) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any assistance under this chapter which are pertinent to such assistance. (Added Pub. L. 92-541, § 2(a), Oct. 24, 1972, 86 Stat. 1101.)

REFERENCES IN TEXT.

Section 309 and title VII, VIII, and IX of the Public Health Service Act referred to in subsec. (a) are classified respectively to sections 242g, section 292 et seq., section 296 et seq., and section 299 et seq., of Title 42, The Public Health and Welfare.

SHORT TITLE.

Section 1 of Pub. L. 92-541 provided: "That this Act [enacting this chapter and subchapter II of chapter 73 of this title] may be cited as the 'Veterans' Administration Medical School Assistance and Health Manpower Training Act of 1972'."

SUBCHAPTER I.-PILOT PROGRAM FOR ASSISTANCE IN THE ESTABLISHMENT OF NEW STATE MEDICAL SCHOOLS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 5070 of this title.

§ 5071. Declaration of purpose.

The purpose of this subchapter is to authorize the Administrator to implement a pilot program under which he may provide assistance in the establishment of new State medical schools at colleges or universities which are primarily supported by the States in which they are located if such schools are located in proximity to, and operated in conjunction with, Veterans' Administration medical facilities. (Added Pub. L. 92-541, § 2(a), Oct. 24, 1972, 86 Stat. 1102.)

§ 5072. Authorization of appropriations.

(a) There is authorized to be appropriated $25,000,000 for the fiscal year ending June 30, 1973, and a like sum for each of the six succeeding fiscal years. Sums appropriated pursuant to this section shall be used for making grants pursuant to section 5073 of this title.

(b) Sums appropriated pursuant to subsection (a) of this section shall remain available until the end of the sixth fiscal year following the fiscal year for which they are appropriated. (Added Pub. L. 92-541, § 2(a), Oct. 24, 1972, 86 Stat. 1102.)

§ 5073. Pilot program assistance.

(a) Subject to subsection (b) of this section, the Administrator may enter into an agreement to provide to any college or university which is primarily supported by the State in which it is located (hereinafter in this subchapter referred to as "institu

tion") the following assistance to enable such institution to establish a new medical school:

(1) The leasing to the institution, for such consideration and under such terms and conditions as the Administrator deems appropriate, of such land, buildings, and structures (including equipment therein) under the control and jurisdiction of the Veterans' Administration as may be necessary for such school. The three-year limitation on the term of a lease in section 5012(a) of this title shall not apply with respect to any lease entered into pursuant to this paragraph. Any lease made pursuant to this subchapter may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). Notwithstanding section 321 of the Act entitled "An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes", approved June 30, 1932 (40 U.S.C. 303b), or any other provision of law, a lease made pursuant to this subchapter may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease. (2) The extension, alteration, remodeling, improvement, or repair of buildings and structures (including, as part of a lease made under paragraph (1), the provision of equipment) provided under paragraph (1) to the extent necessary to make them suitable for use as medical school facilities.

(3) The making of grants to assist the institution to pay the cost of the salaries of the faculty of such school during the initial twelve-month period of operation of the school and the next six such twelve-month periods, but payment under this paragraph may not exceed an amount equal to

(A) 90 per centum of the cost of faculty salaries during the first twelve-month period of operation,

(B) 90 per centum of such cost during the second such period,

(C) 90 per centum of such cost during the third such period,

(D) 80 per centum of such cost during the fourth such period,

(E) 70 per centum of such cost during the fifth such period,

(F) 60 per centum of such cost during the sixth such period, and

(G) 50 per centum of such cost during the seventh such period.

(b) (1) The Administrator may not enter into any agreement under subsection (a) of this section unless he finds, and the agreement includes satisfactory assurances, that

(A) there will be adequate State or other financial support for the proposed school;

(B) the overall plans for the school meet such professional and other standards as the Administrator deems appropriate;

(C) the school will maintain such arrangements with the Veterans' Administration medical facility with which it is associated (including but not limited to such arrangements as may be made un

« PreviousContinue »