38 U.S.C. § 313

Availability of appropriations

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(a) Funds appropriated to the Department may remain available until expended.(b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless—(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and(2) the settlement is provided for specifically in an appropriation law.(Added Pub. L. 102–83, § 2(a), Aug. 6, 1991, 105 Stat. 383.)Editorial NotesPrior Provisions

Prior section 313 was renumbered section 1113 of this title.

Provisions similar to those in this section were contained in section 203 of this title prior to repeal by Pub. L. 102–83, § 2(a).

Statutory Notes and Related SubsidiariesRecurring Expenses Transformational Fund

Pub. L. 114–113, div. J, title II, § 243, Dec. 18, 2015, 129 Stat. 2701, provided that: “There is hereby established in the Treasury of the United States a fund to be known as the ‘Recurring Expenses Transformational Fund’ (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated in this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Veterans Affairs by this or any other Act may be transferred (at the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for facilities infrastructure improvements, including nonrecurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems improvements and sustainment, subject to approval by the Office of Management and Budget: Provided further, That prior to obligation of any amounts in the Fund, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of Congress the authority to make such obligation and such Committees issue an approval, or absent a response, a period of 30 days has elapsed.”

Notes of Decisions

Cited in 7 cases, 1981–1993 · leading case: Colvin v. Derwinski, 1 Vet. App. 171 (Vet. App. 1991).

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Colvin v. Derwinski, 1 Vet. App. 171 (Vet. App. 1991). “38 U.S.C. § 313 (1988). The veteran served from March 21, 1966, through February 2, 1968.”

Godwin v. Derwinski, 1 Vet. App. 419 (Vet. App. 1991). “38 U.S.C. § 313 (1988). The BVA decision contains no such analysis.”

Combee v. Brown, 5 Vet. App. 248 (Vet. App. 1993). · cites it 2× “38 U.S.C. § 313 (b) (1982) (redesignated § 1113(b) (West 1991)).”

Nehmer v. United States Vets.' Admin., 712 F. Supp. 1404 (N.D. Cal. 1989). “” 38 U.S.C. § 313 (b). In contrast, under the Act, the VA has been explicitly charged with determining service connection for Agent Orange related diseases, and the standard to be used is not “sound judgment”, but “sound scientific or medical evidence” indicating a “connection”…”

Lichtenfels v. Derwinski, 1 Vet. App. 484 (Vet. App. 1991). “) While 38 U.S.C. § 313 (a) (1988) does permit this presumption to be rebutted by affirmative evidence, the BVA simply asserted that residuals of the right foot fracture pre-existed service and the presumption was rebutted.”

Jaffee v. United States, 663 F.2d 1226 (3rd Cir. 1981). “, 38 U.S.C. §§ 313 , 333 (presumptions in favor of service-relatedness of disabilities).”

Emperador v. Derwinski, 2 Vet. App. 343 (Vet. App. 1991). “Title 38 U.S.C. § 313 (a) (1988) states that the presumption created by § 312 is rebuttable.”

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