§ 1711. Care during examinations and in emergencies

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 1711

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1142, § 611

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1142, § 611

2. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 § 202(e)(1) · 90 Stat. 2842

   Substituted · 38 U.S.C. § 1711

   Pub. L. 94–581, § 202(e)(1), substituted “Care” for “Hospitalization” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 94–581, § 202(e)(1), substituted “Care” for “Hospitalization” in section catchline.

   Enacted provision · exact public law section
   (1) The catchline of section 611 is amended by striking out “Hospitalization” and inserting in lieu thereof “Care”.

3. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 § 210(a)(2)(A) · 90 Stat. 2842

   Substituted · 38 U.S.C. § 1711(a)

   Pub. L. 94–581, § 210(a)(2)(A), substituted “administered by the Administrator” for “administered by him”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–581, § 210(a)(2)(A), substituted “administered by the Administrator” for “administered by him”.

   Enacted provision · exact public law section
   (A) striking out “him” and inserting in lieu thereof “the Administrator” in subsection (a); and

4. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 title II · 90 Stat. 2842

   1. Substituted · 38 U.S.C. § 1711(b)

      Pub. L. 94–581, §§ 202(e)(2), 210(a)(2)(B), substituted “hospital care or medical services” for “hospital care”

   2. Substituted · 38 U.S.C. § 1711(b)

      Pub. L. 94–581, §§ 202(e)(2), 210(a)(2)(B), substituted “the Administrator shall charge” for “he shall charge”

   3. Substituted · 38 U.S.C. § 1711(b)

      Pub. L. 94–581, §§ 202(e)(2), 210(a)(2)(B), substituted “prescribed by the Administrator” for “prescribed by him”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–581, §§ 202(e)(2), 210(a)(2)(B), substituted “hospital care or medical services” for “hospital care”, “the Administrator shall charge” for “he shall charge”, and “prescribed by the Administrator” for “prescribed by him”.

   Enacted provision · exact public law
   TITLE II— MEDICAL TECHNICAL AND CONFORMING AMENDMENTS Sec. 201. This title may be cited as the “Veterans Medical Technical and Conforming Amendments of 1976”. Sec. 202. Chapter 17 of title 38, United States Code, is amended as follows: (a) The title of such chapter is amended by inserting “NURSING HOME” before “DOMICILIARY”. (b) Section 601 is amended by— (1) striking out “and exclusive” in clause (A) of paragraph (4); (2) (A) inserting after “contracts” in clause (C) of paragraph (4) “when facilities described in clause (A) or (B) of this paragraph are not capable of furnishing economical care because of geographical inaccessibility or of furnishing the care or services required”; (B) redesignating subclauses (ii) and (iii) of such clause (C) as subclauses (iv) and (v). respectively; (C) striking out subclause (i) of such clause (C) and inserting in lieu thereof the following subclauses: “(i) hospital care or medical services to a veteran for the treatment of a service-connected disability or a disability for which a veteran was discharged or released from the active military, naval, or air service; (ii) medical services for the treatment of any disability of a veteran described in clause (1) (B) or (2) of section 612(f) of this title, (iii) hospital care or medical services for the treatment of medical emergencies which pose a serious threat to the life or health of a veteran receiving hospital care in a facility described in clause (A) or (B) of this paragraph;”; and (D) striking out “clause (iii)” where the term appears in subclause (v) (as so redesignated) of such clause (C) and inserting in lieu thereof “subclause (v) ”; and (E) striking out in subclause (ii) of clause (A) of paragraph (5) “for any veteran who is in need of treatment for a service-connected disability or is unable to defray the expense of transportation” and inserting in lieu thereof “pursuant to the provisions of section 111 of this title”. (c) The subchapter heading at the beginning of subchapter II of such chapter is amended by inserting a comma and “Nursing Home,” after “Hospital”. (d) Section 610 is amended by— (1) inserting a comma and “nursing home,” after “hospital” in the catchline of such section; (2) inserting “or nursing home” after “hospital” in subsection (a)(1) (B); (3) striking out “of any war or of service after January 31, 1955,” and the comma after “domiciliary care” in subsection (b)(2); and (4) striking out “and exclusive” in subsection (d). (e) (1) The catchline of section 611 is amended by striking out “Hospitalization” and inserting in lieu thereof “Care”. (2) Subsection (b) of section 611 is amended by inserting “or medical services” after “hospital care”. (f) Section 612 is amended by— (1) striking out “Indian wars” and inserting in lieu thereof “Indian Wars” in subsection (e); (2) striking out “granted” and inserting in lieu thereof “furnished” in subsection (f)(1)(B); and (3) inserting after “Administrator” in subsection (g) a comma and “within the limits of Veterans’ Administration facilities,”. (g) Section 616 is amended by striking out “Bureau of the Budget” and inserting in lieu thereof “Office of Management and Budget”. (h) Subsection (a) of section 620 is amended by— (1) striking out “and exclusive” in clause (1) and in the last sentence of such subsection; and (2) striking out “from time to time” and inserting in lieu thereof “annually” in clause (ii). (i) The subchapter heading at the beginning of subchapter HI of such chapter is amended by inserting “and Nursing Home” after “Hospital”. (j) Clauses (1) through (3) of section 621 are amended by inserting a comma and “nursing home,” after “hospital” each time it appeal’s. (k) Subsection (a) of section 622 is amended by striking out “610 (a)(1)” and inserting in lieu thereof “610 (a) (1) (B) ”, and by striking out “632(b)” and inserting in lieu thereof “632(a) (2)”. (l) Subsection (c) of section 624 is amended by striking out “of any war” after “veteran”. (m) Section 627 is amended by striking out “1958” and inserting in lieu thereof “1957”. (n) Subsection (a)(1) of section 628 is amended by striking out “they” and inserting in lieu thereof “delay”. (o) Section 641 is amended by striking out “of any war or of service after January 31, 1955”. Sec. 203. (a) The table of chapters and parts at the beginning of title 38, United States Code, and the table of chapters at the beginning of part IT of such title are each amended by inserting in the title of chapter 17 “NURSING HOME,” after “HOSPITAL”. (b) The table of sections at the beginning of chapter 17 of such title is amended by— (1) inserting in the heading of subchapter II a comma and “nursing home” after “hospital” ; (2) inserting in the item relating to section 610 a comma and “nursing home” after “hospital”; (3) inserting in the heading of subchapter HI “and nursing home” after “hospital” ; and (4) striking out “Hospitalization” and inserting in lieu thereof “Care” in the item relating to section 611. Sec. 204. Chapter 23 of title 38, United States Code, is amended by inserting in subsection (a) of section 903 a comma and “nursing home,” after “hospital”, and by striking out “611” and inserting in lieu thereof “611(a)” in such subsection. Sec. 205. Subchapter I of chapter 73 of title 38, United States Code, is amended as follows: (a) (1) The second sentence of subsection (a) of section 4101 38 USC 4101. is amended to read as follows: “The primary function of the Department of Medicine and Surgery shall be to provide a complete medical and hospital service, as provided in this title and in regulations prescribed by the Administrator pursuant thereto, for the medical care and treatment of veterans.”. (2) Subsection (b) of section 4101 is amended by striking out “to provide a complete medical and hospital service for the medical care and treatment of veterans”. (3) Section 4101 is further amended by redesignating subsection (c) as subsection (d) and inserting the following new subsection (c): “(c) (1) In order to carry out more effectively the primary function of the Department of Medicine and Surgery and in order to contribute to the Nation’s knowledge about disease and disability, the Administrator shall, in connection with the provision of medical care and treatment to veterans, carry out a program of medical research (including biomedical, prosthetic, and health care services research, and stressing research into spinal cord injuries and diseases and other disabilities that lead to paralysis of the lower extremities). In carrying out such research program, the Administrator shall act in cooperation with the entities described in subsection (b) of this section. “(2) Prosthetic research shall include research and testing in the field of prosthetic, orthotic, and orthopedic appliances and sensory devices. In order that the unique investigative material and research data in the possession of the Government may result in the improvement of such appliances and devices for all disabled persons, the Administrator, through the Chief Medical Director, shall make the results of such research available to any person, and shall consult and cooperate with the Secretary of Health, Education, and Welfare and the Commissioner of the Rehabilitation Services Administration, Department of Health, Education, and Welfare, in connection with programs carried out under section 3(b) of the Rehabilitation Act of 1973 (Public Law 93–112; 87 Stat. 357) (relating to the development 29 USC 702. and support, and the stimulation of the development and utilization, including production and distribution of new and existing devices, of innovative methods of applying advanced medical technology, scientific achievement, and psychological and social knowledge to solve rehabilitation problems), section 202(b)(2) of such Act (relating to 29 USC 762. the establishment and support of Rehabilitation Engineering Research Centers), and section 405 of such Act (relating to the secretarial 29 USC 785. responsibilities for planning, analysis, promoting utilization of scientific advances, and information clearinghouse activities). “(3) (A) With the approval of the Administrator, any contract or Hazardous research, indemnification of contractor. research authorized by this section, the performance of which involves a risk of an unusually hazardous nature, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not covered by the financial protection required under subparagraph (E) of this paragraph. “(i) Liability (including reasonable expenses of litigation or settlement) to third persons, except liability under State or Federal workers’ injury compensation laws to employees of the contractor employed at the site of and in connection with the contract for which indemnification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. “(ii) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous. “(B) A contract that provides for indemnification in accordance with subparagraph (A) of this paragraph must also provide for— “(i) notice to the United States of any claim or suit against the contractor for death, bodily injury, or loss of or damage to property; and “(ii) control of or assistance in the defense by the United States, at its election, of any such suit or claim for which indemnification is provided hereunder. “(C) No payment may be made under subparagraph (A) of this paragraph unless the Administrator, or the Administrator’s designee, certifies that the amount, is just and reasonable. “(D) Upon approval by the Administrator, payments under subparagraph (A) of this paragraph may be made from— “(i) funds obligated for the performance of the contract concerned; “(ii) funds available for research or development or both, and not otherwise obligated; or “(iii) funds appropriated for those payments. “(E) Each contractor which is a party to an indemnification agreement under subparagraph (A) of this paragraph shall have and maintain financial protection of such type and in such amounts as the Administrator shall require to cover liability to third persons and loss of or damage to the contractor’s property. The amount of financial protection required shall be the maximum amount of insurance available from private sources, except that the Administrator may establish a lesser amount, taking into consideration the cost and terms of private insurance. Such financial protection may include private insurance, private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures. “(F) In administering the provisions of this paragraph, the Administrator may use the facilities and services of private insurance organizations, and may contract to pay a reasonable compensation therefor. Any contract made under the provisions of this paragraph may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5), upon a showing by the Administrator that advertising is not reasonably practicable, and advance payments may be made under any such contract. “(G) The authority to indemnify contractors under this paragraph does not create any rights in third persons which would not otherwise exist by law. “(H) As used in this section, the term ‘contractor’ includes subcontractors of any tier under a contract containing an idemnification provision pursuant to subparagraph (A) of this paragraph. “(4) Funds appropriated to carry out this subsection shall remain available until expended.”. (b) Chapter 39 of title 38, United States Code, is amended by— (1) striking out in the table of sections “1804. Research and development; coordination with other Federal programs.” and inserting in lieu thereof “1904. Research and development.”; (2) amending the catchline of section 1904 to read as follows: 38 USC 1904. “§1904. Research and development”; and (3) amending subsection (a) of section 1904 by striking out “prosthetic and orthopedic appliance research under section 216 and medical research” and inserting in lieu thereof “medical and Prosthetic research”. (c) Chapter 3 of title 38, United States Code, is amended by— (1) striking out section 216 in its entirety; and (2) amending the table of sections at the beginning thereof by striking out “216. Research by the Administrator; indemnification or contractors.”. (d) Section 4103 of such title is amended by— (1) inserting “upon the recommendation of the Chief Medical Director” after “Administrator” in paragraphs (2) and (3) of subsection (a); (2) striking out “recommendations” and inserting in lieu thereof “recommendation” in subsection (a) (4); (3) inserting “or whose appointment or reappointment, is extended” after “reappointed” in subsection (b) (3) ; and (4) inserting “or for any period not exceeding two years” in subsection (c) before the period at the end of the second sentence, (e) Subsection (a)(6) (as redesignated by section 110(4) of this Act) of section 4105 of title 38, United States Code, is amended by inserting “hold the degree of doctor of optometry, or its equivalent, from a school of optometry approved by the Administrator and” before “be”. (f) Subsection (b) of section 4108 is amended by striking out “pursuant to” after “agreement” and inserting in lieu thereof “as referred to in”. (g) Subsection (b) (2) of section 4114 is amended to read as follows: (2) For the purposes of this title, the term ‘internship’ shall “Internship.” include the equivalency of an internship as determined in accordance with regulations which the Administrator shall prescribe, and the term ‘intern’ shall mean a person serving an internship.”. “Intern.” Sec. 206. Chapter 81 of title 38, United States Code, is amended as follows: (a) Section 5001 is amended by— (1) striking out “and exclusive” in the first sentence of subsection (a) (2), and striking out “tuberculosis” and inserting in lieu thereof “tuberculous” in such sentence; and (2) striking out “and exclusive” in the first sentence of subsection (a)(3). (b) Subchapter III of such chapter is amended by striking out “war” each time it appears in paragraph (a) of section 5031, section 5032, paragraph (1) of section 5034, paragraphs (4) of subsections (a) and (b) of section 5035, and section 5036. (c) Section 5053 is amended by— (1) striking out “paragraphs” and inserting in lieu thereof “clauses” in the first sentence of subsection (a); and (2) inserting “health care” after “Veterans’ Administration” each place it appears in clauses (1) and (2) of subsection (a) and in subsection (c). (d) Subsection (b) of section 5054 is amended by inserting “the” before “surrounding medical community” the second place it appears. (e) The second sentence of subsection (a) of section 5055 is amended by striking out “for Research and Education in Medicine” and inserting in lieu thereof “charged with administration of the Department of Medicine and Surgery medical research program”. Sec. 207. Subchapter II of chapter 82 of title 38, United States Code, is amended by striking out “subchapter IV of chapter 81 of” in 38 USC 5083. subsection (a) of section 5083. Sec. 208. Chapter 85 of title 38, United States Code, is amended as follows: (a) The first, sentence of subsection (b) of section 5202 is amended by inserting “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran),” in the first sentence. (b) Subsection (a) of section 5220 is amended by inserting a comma and “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admitted as a veteran)”. (c) Section 5221 is amended by inserting a comma and “or a dependent or survivor of a veteran receiving care under the last sentence of section 613(b) of this title,” after “(admit ted as such)”. Sec. 209. (a) Subchapter I of chapter 73 of title 38, United States Code, is amended as follows: (1) Subsection (b) of section 4101, clause (1) of section 4104, subsection (b) of section 4105, subsection (f) of section 4106, subsection (f) of section 4107, the language preceding clause (1) in subsection (a) and clause (6) (B) in subsection (a) of section 4108, and section 4117, are each amended by striking out “physicians’ ” and inserting in lieu thereof “physician”. (2) Clause (1) of section 4104, clause (8) of subsection (a) and subsection (b) of section 4105, subsection (f) of section 4107, and the language preceding clause (1) in subsection (a) and subclause (B) of clause (6) of subsection (a) of section 4108 are each amended by striking out “expanded-duty” each place it appears and inserting in lieu thereof “expanded-function”. (3) Subsection (b) of section 4101 is further amended by striking out “dentists’ assistants” and inserting in lieu thereof “expanded-function dental auxiliaries”. (4) Clause (8) of subsection (a) of section 4105 is further amended by striking out “Physicians’ ” and inserting in lieu thereof “Physician”. (5) Section 4113 is amended by striking out “and nurses” and inserting in lieu thereof “nurses, physician assistants, and expanded-function dental auxiliaries”. (6) Section 4114 is amended by— (A) inserting “physician assistants, expanded-function dental auxiliaries,” after “nurses,” in clauses (A) and (B) of subsection (a)(1); (B) striking out “and nurses” and inserting in lieu thereof “nurses, physician assistants, and expanded-function dental auxiliaries” in the first sentence of subsection (a) (3) (A): (C) striking out “nurses and interns, and” and inserting in lieu thereof “nurses, physician assistants, expanded-function dental auxiliaries, and interns.” in subsection (a) (3) (B) ; and (D) striking out “dentist’s assistant” and inserting in lieu thereof “expanded-function dental auxiliary” in the first sentence of subsection (e) . (7) Subsection (a) of section 4116 is amended by striking out 38 USC 4116. “physicians’ assistant, dentists’ assistant” each time those terms appear and inserting in lieu thereof “physician assistant, expanded-function dental auxiliary”. (8) Section 4117 is amended by striking out “dentists’ assistants” and inserting in lieu thereof “expanded-function dental auxiliaries”. (b) Subchapter I of chapter 73 of title 38, United States Code, is further amended as follows: (1) Section 4106 is amended by— (A) inserting “rate of basic” after “minimum” in the second sentence of subsection (c); and (B) striking out “level and salary” and “and salary” and inserting in lien thereof “and annual rate of basic pay” each place those words appear in subsection (e). (2) Section 4107 is amended by— (A) striking out “per annum full-pay scale or ranges” and inserting in lien thereof “annual rates or ranges of rates of basic pay” in subsection (a) ; (B) striking out “per annum full-pay ranges” and inserting in lieu thereof “annual ranges of rates of basic pay” in the first sentence of subsection (b)(1); (C) inserting “facility” after “domiciliary” each place it appears in subsection (c); and (D) amending subsection (e) by— (i) striking out “basic compensation” and inserting in lieu thereof “rate of basic pay” in paragraph (1); (ii) striking out “basic hourly rate” and “basic hourly rate of pay” and inserting in lieu thereof “hourly rate of basic pay” in paragraphs (2), (3), (5), (6), and (7) ; (iii) striking out “compensation” each time it appears in paragraphs (1), (2), (3), (6), and (9) and inserting in lieu thereof “pay” (iv) amending the first sentence of paragraph (4) to read as follows: “A nurse performing service on a holiday designated by Federal statute or Executive order shall receive for each hour of such service the nurse’s hourly rate of basic pay, plus additional pay at a rate equal to such hourly rate of basic pay, for that holiday service, including overtime service.”; and (v) striking out “compensated” and inserting in lieu thereof “paid” in paragraph (8), (3) Subsection (a) of section 4112 is amended by striking out “compensation” and inserting in lieu thereof “pay” in the last sentence of such subsection. (c) Chapter 73 of title 38, United States Code, is further amended as follows: (1) Section 4103 is amended by— (A) striking out “individuals” and inserting in lieu thereof “persons” in the second sentence of subsection (a) (4); (B) striking out “and employees” in subsection (a)(8); and (C) striking out “An individual” and inserting in lieu thereof “A person” in the third sentence of subsection (c). (2) Subsection (a) of section 4105 is amended by striking out “employees” and inserting in lieu thereof “personnel” in clause (7). (3) Section 4107 is amended by— (A) striking out “individual” and inserting in lieu thereof “person” in the first sentence of subsection (c); (B) striking out “employee’s” and inserting in lieu thereof “nurse’s”, and striking out “work” end inserting in lieu thereof “service”, in paragraph (2) of subsection (e): and (C) striking out “duty” and inserting in lieu thereof “service” in paragraph (7) of subsection (e). (4) Clause (1) of subsection (a) of section 4108 is amended by striking out “individual” and inserting in lieu thereof “person”. (5) Section 4113 is amended by— (A) striking out “of employees” and inserting in lieu thereof a comma and “of persons”; and (B) striking out “paragraph (1) of section 4104” and inserting in lieu thereof “section 4104(1)”. (6) Subsection (d)(2) of section 4114 is amended by striking out “individual” and inserting in lieu thereof “person”. (7) Subsection (b) of section 4122 is amended by striking out “individuals” each time it appears and inserting in lieu thereof “persons”. Sec. 210. (a) Chapter 17 of title 38, United States Code, is amended as follows: (1) Section Bit) is amended by— (A) striking out “he” and inserting in lieu thereof “the Administrator” in the first sentence of subsection (a); (B) striking out “he” and inserting in lien thereof “such veteran” in subsections (a) (1) (B), (b) (2), and (c); and (C) striking out “he” and inserting in lieu thereof “such person” in subsection (b) (1). (2) Section 611 is amended by— (A) striking out “him” and inserting in lieu thereof “the Administrator” in subsection (a); and (B) striking out “lie” and “him” each place those words appear in subsection (b) and inserting in lieu thereof “the Administrator”; (3) Section 612 is amended by— (A) striking out “he” and inserting in lieu thereof “the Administrator” in the first sentence of subsection (a); (B) striking out “him” and “he” each place those words appear in subsection (d) and inserting in lieu thereof “the Administrator”; (C) striking out “he” and inserting in lieu thereof “the Administrator” in subsection (g); and (D) striking out “his” each place it appears in the second sentence of subsection (h) and inserting in lieu thereof “such veteran’s”. (4) Section 613 is amended by— (A) striking out “he” and inserting in lieu thereof “the Secretary” in subsection (b) (1); and (B) striking out “he” each place it appears and inserting in lien thereof “the Administrator” in subsection (b)(2). (5) Section 614 is amended by— (A) striking out “his” and inserting in lieu thereof “such veteran’s” in subsection (a); and (B) striking out “he” in subsection (b). (6) Section 619 is amended by striking out “him” and inserting in lieu thereof “such veteran”. (7) The first sentence of subsection (b) of section 620 is amended 38 USC 620. by striking out “he” and inserting in lien thereof “the Administrator”. (8) Paragraphs (1) and (3) of section 621 are amended by striking out “he” each place it appears and inserting in lieu thereof “the Administrator”. (9) Subsection (b) of section 622 is amended by striking out “his” and inserting in lieu thereof “such veteran’s”. (10) Section 623 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (11) The first sentence of subsection (c) of section 624 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (12) Section 626 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (13) Subsection (a) of section 628 is a mended by— (A) striking out “he” and inserting in lieu thereof “the Administrator” in the first sentence of such subsection; and (B) striking out “his” and inserting in lieu thereof “such veteran’s” in paragraph (2) (D) (ii) of such subsection. (14) The second sentence of subsection (d) of section 632 is amended by striking out “him” and inserting in lieu thereof “the Administrator”. (15) Section 633 is amended by striking out “he” and inserting in lieu thereof “the President”, and by striking out “his”. (16) Subsection (a) of section 642 is amended by striking out “he” and inserting in lieu thereof “the Administrator” (b) Section 3301 of title 38, United States Code, is amended by— (1) striking out “his” and inserting “of a claimant” after “representative” in subsection (b) (1) , and striking out “himself” and inserting in lieu thereof “the claimant” in such subsection; (2) striking out “in his” and inserting in lieu thereof “as a matter of” in subsection (d); and (3) striking out “his” and inserting in lieu thereof “the Administrator’s” in subsection (e). (c) Chapter 73 of title 38, United States Code, is amended as follows: (1) Section 4101 is amended by— (A) striking out “servicemen” and inserting in lieu thereof “members of the armed forces” in subsection (b); and (B) striking out “his” and “he” and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively, in subsection (d) (2) (as redesignated by section 205(a) (3) of this Act). (2) Section 4103 is amended by— (A) striking out the period at the end of the first sentence and inserting in lieu thereof a comma, and striking out “He” in the second sentence and inserting in lieu thereof “and who”, in paragraphs (1), (2), and (3) of subsection (a); and (B) striking out “his” and “he” and inserting in lieu thereof “such person’s” and “such person”, respectively, in the third sentence of subsection (c). (3) Section 4104 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (4) Section 4107 is amended by— (A) striking out “lie” each place it appears in subsection (b)(2) and inserting in lieu thereof “such person” ; and (B) striking out “he” and “his” and inserting in lieu thereof “such person” and “such person’s”, respectively, in subsection (c). (5) Subsection (a) of section 4108 is amended by— (A) striking out “his” and inserting in lieu thereof “such person’s” in clause (2) ; (B) striking out “him” and “his” and inserting in lieu thereof “such person” and “such person’s”, respectively, in clause (3) ; (C) striking out “him” and “his” and inserting in lieu thereof “such person” and “such person’s”, respectively, in clause (4) ; (D) striking out “his” each place it appears and “him” in clause (5) and inserting in lieu thereof “such person’s” and “such person”, respectively ; and (E) striking out “his” each place it appears and inserting in thereof “such person’s” in clause (6). (6) The first sentence of subsection (b) of section 4112 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (7) Section 4114 is amended by— (A) striking out “he” each place it appears in the third and fifth sentences in subsection (b)(3) and inserting in lieu thereof “such recipient” ; (B) striking out “he” and “his” each place those words appear in the last sentence of subsection (b)(3) and inserting in lieu thereof “such person” and “such person’s”, respectively; (C) striking out “he” and inserting in lieu thereof “the person” in subsection (d)(1); and (D) striking out “his” and “he” and inserting in lieu thereof “such person’s” and “the person”, respectively, in subsection (d)(2)-“ (8) Section 4116 is amended by— (A) striking out “his” each place it appears in subsection (a) and inserting in lieu thereof “such person’s” ; (B) striking out “his” and “him” and inserting in lieu thereof “such person’s” and “such person”, respectively, in subsection (b) ; (C) striking out “his” each place it appears in subsection (c) and inserting in lieu thereof “such person’s” ; and (D) striking out “lie” and “his” each place those words appear in subsection (e) and inserting in lieu thereof “the Administrator” and “such person’s”, (9) Subsection (a) of section 4121 is amended by striking out “his” and “he” each place those words appear and inserting in lieu thereof “the Administrator’s” and “the Administrator”, respectively. (10) Section 4122 is amended by striking out “he” and inserting in lieu thereof “the Chief Medical Director” in subsections (b) and (c). (d) Chapter 75 of title 38, United States Code is amended by striking out “he” each place it appears in clauses (3), (9), (10), and (11) of section 4202 and inserting in lieu thereof “the Administrator”. (e) Chapter 81 of title 38, United States Code, is amended as follows: (1) Subsection (b) of section 5001 is amended by striking out “him” and “his” and inserting in lieu thereof “the Administrator” and “the Chief Medical Director’s”, respectively. (2) Section 5002 is amended by— 38 USC 5002. (A) striking out “be” each place it appears and inserting in lieu thereof “the President”; and (B) striking out “his opinion” and inserting in lieu thereof “the opinion of the President such is”. (3) Paragraphs (2) and (3) of subsection (b) of section 5004 are amended by striking out “he” and inserting in lieu thereof “the Administrator”. (4) The second sentence of section 5005 is amended by striking out “He” and inserting in lieu thereof “The President”. (5) The first sentence of section 5007 is amended by striking out “his” and inserting in lieu thereof “the Administrator’s” (6) Subsection (c) of section 5011 is amended by striking out “him” and inserting in lieu thereof “the Administrator”. (7) Section 5012 is amended by— (A) striking out “his” in the first and fourth sentences of subsection (a) and inserting in lieu thereof “the Administrator’s”; (B) striking out “he” and inserting in lieu thereof “the Administrator” in subsection (b) ; and (C) striking out “him” and inserting in lieu thereof “the Administrator” in subsection (c). (8) Section 5013 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (9) Section 5014 is amended by— (A) striking out “he” each place it appears in the first and fourth sentences and inserting in lieu thereof “the Administrator”; and (B) striking out “his” in the first sentence and inserting in lieu thereof “the Administrator’s”. (10) Subsection (b) of section 5035 is amended by striking out “he” and inserting in lieu thereof “the ”. (11) The first sentence of subsection (a) of section 5053 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (12) The second sentence of subsection (b) of section 5054 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (13) The first sentence of subsection (a) of section 5055 is amended by striking out “him” and inserting in lieu thereof “the Administrator”. (f) Chapter 82 of title 38, United States Code, is amended as follows: (1) The second sentence of subsection (f) (as redesignated by section 116(1) of this Act) of section 5070 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (2) Section 5071 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. (3) Section 5073 is amended by— (A) striking out “he” each place it appears in subsection (b) and inserting in lieu thereof “the Administrator”: and (B) striking out “he” each place it appears in subsection (c) and inserting in lieu thereof “the Administrator”. (4) Subsection (b) of section 5083 is amended by striking out “his” in the language preceding clause (1) and in clause (4) and inserting in lieu thereof “the Administrator’s”. (5) Subsection (b) of section 5093 is amended by striking out “bis” in the language preceding clause (1) and in clause (4) and inserting in lieu thereof “the Administrator’s”. (6) Section 5096 is amended by striking out “he” and inserting in lieu thereof “the Administrator”. Sec. 211. Except as otherwise provided in this Act, the amendments made by this Act to title 38, United States Code, shall take effect on October 1, 1976, or on the date of enactment, whichever is later.

5. 1979

   Veterans’ Health Care Amendments of 1979

   Pub. L. 96–22 title II § 202 · 93 Stat. 47

   Added · 38 U.S.C. § 1711(c)

   Pub. L. 96–22 added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 96–22 added subsec. (c).

   Enacted provision · exact public law section
   Sec. 202. emergency medical services at national conventions of recognized veterans’ service organizations Section 611 is amended by adding at the end thereof the following new subsection: “(c) (1) The Administrator may contract with any organization recognized by the Administrator for the purposes of section 3402 of this title to provide for the furnishing by the Administrator, on a reimbursable basis (as prescribed by the Administrator), of emergency medical services to individuals attending any national convention of such organization, except that reimbursement shall not be required for services furnished under this subsection to the extent that the individual receiving such services would otherwise be eligible under this chapter for medical services. “(2) The authority of the Administrator to enter into contracts under this subsection shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.”.

6. 1979

   Veterans’ Disability Compensation and Survivors’ Benefits Amendments of 1979

   Pub. L. 96–128 title V § 501(a) · 93 Stat. 982

   Substituted · 38 U.S.C. § 1711(c)(1)

   Pub. L. 96–128 substituted “named in, or approved by the Administrator under,” for “recognized by the Administrator for the purposes of”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 96–128 substituted “named in, or approved by the Administrator under,” for “recognized by the Administrator for the purposes of”.

   Enacted provision · exact public law section
   (a) Section 611(c)(1) is amended by striking out “recognized Ante, p. 54. by the Administrator for the purposes of” and inserting in lieu thereof “named in, or approved by the Administrator under,”.

   Effective date note
   Amendment by Pub. L. 96–128 effective Nov. 28, 1979, see section 601(b) of Pub. L. 96–128, set out as a note under section 1114 of this title.

7. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 1711(c)(1)

   Pub. L. 102–40 substituted “5902” for “3402”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–40 substituted “5902” for “3402”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

8. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 1711

   Pub. L. 102–83, § 5(a), renumbered section 611 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 5(a), renumbered section 611 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

9. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 1711

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

10. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 title II § 208(d) · 115 Stat. 2446

    Struck · 38 U.S.C. § 1711(b)

    Pub. L. 107–135 struck out subsec. (b) which read as follows: “The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care at rates prescribed by the Secretary.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–135 struck out subsec. (b) which read as follows: “The Secretary may furnish hospital care or medical services as a humanitarian service in emergency cases, but the Secretary shall charge for such care at rates prescribed by the Secretary.”

    Enacted provision · exact public law section
    (d) Repeal of Recodified Authority.— Section 1711 is amended by striking subsection (b).

8 of 12 references resolved to an enrolled provision · 4 partial