§ 8111A. Furnishing of health-care services to members of the Armed Forces during a war or national emergency

Footnotes

1. 1 See References in Text note below.

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. 1982

   Veterans’ Administration and Department of Defense Health Resources Sharing and Emergency Operations Act

   Pub. L. 97–174 § 4(a) · 96 Stat. 70

   Enacted · 38 U.S.C. § 8111A

   Added Pub. L. 97–174, § 4(a), May 4, 1982, 96 Stat. 74, § 5011A

   Source evidence

   Code source credit
   Added Pub. L. 97–174, § 4(a), May 4, 1982, 96 Stat. 74, § 5011A

   Enacted provision · exact public law section
   (a) Chapter 81 of title 38, United States Code, is amended by inserting after section 5011 the following new section: “§ 5011A. Furnishing of health-care services to members of the Armed Forces during a war or national emergency “(a) (1) During and immediately following a period of war, or a period of national emergency declared by the President or the Congress that involves the use of the Armed Forces in armed conflict, the Administrator may furnish hospital care, nursing home care, and medical services to members of the Armed Forces on active duty. The Administrator may give a higher priority to the furnishing of care and services under this section than to the furnishing of care and services to any other group of persons eligible for care and services in medical facilities of the Veterans’ Administration with the exception of veterans with service-connected disabilities. “(2) For the purposes of this section, the terms ‘hospital care’, ‘nursing home care’, and ‘medical services’ have the meanings 38 USC 601, 101. given such terms by sections 601(5), 101(28), and 601(6) of this title, respectively. “(b) (1) During a period in which the Administrator is authorized to furnish care and services to members of the Armed Forces under subsection (a) of this section, the Administrator, to the extent authorized by the President and subject to the availability of appropriations or reimbursements under subsection (c) of this section, may enter into contracts with private facilities for the provision during such period by such facilities of hospital care and medical services described in paragraph (2) of this subsection. “(2) Hospital care and medical services referred to in paragraph (1) of this subsection are— “(A) hospital care and medical services authorized under this title for a veteran and necessary for the care or treatment of a condition for which the veteran is receiving medical services at a Veterans’ Administration facility under subsection (f) or (g) 38 USC 612. of section 612 of this title, in a case in which the delay involved in furnishing such care or services at such Veterans’ Administration facility or at any other Veterans’ Administration facility reasonably accessible to the veteran would, in the judgment of the Chief Medical Director, be likely to result in a deterioration of such condition; and “(B) hospital care for a veteran who— “(i) is receiving hospital care under section 610 of this title; or 38 USC 610. “(ii) is eligible for hospital care under such section and requires such care in a medical emergency that poses a serious threat to the life or health of the veteran; if Veterans’ Administration facilities are not capable of furnishing or continuing to furnish the care required because of the furnishing of care and services to members of the Armed Forces under subsection (a) of this section. “(c) (1) The cost of any care or services provided by the Veterans’ Care or service costs, reimbursement. Administration under subsection (a) of this section shall be reimbursed to the Veterans’ Administration by the Department of Defense at such rates as may be agreed upon by the Administrator and the Secretary of Defense based on the cost of the care or services provided. “(2) Amounts received under this subsection shall be credited to funds allotted to the Veterans’ Administration facility that provided the care or services. “(d) (1) Not later than six months after the date of the enactment Plans implementation. of this section, the Administrator and the Secretary of Defense shall enter into an agreement to plan and establish procedures and guidelines for the implementation of this section. Not later than Submittal to congressional committees. one year after the date of the enactment of this section, the Administrator and the Secretary shall complete plans for such implementation and shall submit such plans to the Committees on Veterans’ Affairs and on Armed Services of the Senate and House of Representatives. “(2) The Administrator and the Secretary of Defense shall jointly Review and report. review such plans not less often than annually thereafter and shall report to such committees any modification in such plans within thirty days after the modification is agreed to. “(e) The Administrator shall prescribe regulations to govern any Regulations. exercise of the authority of the Administrator under subsections (a) and (b) of this section and of the Chief Medical Director under subsection (b)(2)(A) of this section. “(f) Within thirty days after a declaration of a period of war or Reports to congressional committees. national emergency described in subsection (a) of this section (or as soon after the end of such thirty-day period as is reasonably practicable), the Administrator shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Administrator’s allocation of facilities and personnel in order to provide priority hospital care, nursing home care, and medical services under this section to members of the Armed Forces. Thereafter, with respect to any fiscal year in which the authority in subsection (b) of this section to enter into contracts with private facilities has been used, the Administrator shall report within ninety days after the end of such fiscal year to those committees regarding the extent of, and the circumstances under which, such authority was used.”.

2. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

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

   Changed · 38 U.S.C. § 8111A

   Pub. L. 102–40 renumbered section 5011A of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 5011A of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 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.

3. 1991

   Pub. L. 102–54 § 14(f)(4)(A) · 105 Stat. 267

   Struck · 38 U.S.C. § 8111A(b)

   Pub. L. 102–54, § 14(f)(4)(A), amended subsec. (b)(2)(A) as in effect immediately before the enactment of Pub. L. 102–40 by striking out “or (g)” after “subsection (f)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–54, § 14(f)(4)(A), amended subsec. (b)(2)(A) as in effect immediately before the enactment of Pub. L. 102–40 by striking out “or (g)” after “subsection (f)”.

   Enacted provision · exact public law section
   SEC. 14. TECHNICAL AMENDMENTS TO TITLE 38, UNITED STATES CODE. (a) CHAPTERS 1 AND 3 OF TITLE 38.—Part I of title 38, United States Code, is amended as follows: (1) Section 101(21)(C) is amended by redesignating subclauses (a), (b), and (c) of clause (ii) as subclauses (I), (II), and (III), respectively. (2) Section 102 is amended by striking out “(C)” before “For the purposes of” and inserting in lieu thereof “(c)”. (b) Chapters 11 Through 24 of Title 38.— Part II of such title is amended as follows: (1) Section 354 is amended— (A) by inserting a comma in the section heading after “place”; and (B) by inserting “(Public Law 98–542; 98 Stat. 2727)” in subsection (a) before the period at the end. (2) Section 402(d) is amended by striking out “Secretary of the Department” and inserting in lieu thereof “Secretary of the department”. (3) Section 412(a) is amended by striking out “201” and inserting in lieu thereof “401”. (4) Section 423 is amended— (A) by striking out “or section 321(b) of title 32,” in the first sentence; and (B) by striking out “1476(a) or 321(b)” in the second sentence. (5) Section 503(a) is amended— (A) in paragraph (8), by striking out “per centum” and inserting in lieu thereof “percent”; and (B) in paragraph (10)(A)— (i) by striking out “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and inserting in lieu thereof “Internal Revenue Code of 1986”; and (ii) by striking out “section 143” and inserting in lieu thereof “section 7703”. (6) Section 508(b) is amended by striking out “per centum” and inserting in lieu thereof “percent”. (7) Sections 532(a) and 534(a) are amended— (A) by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof a period; and (B) by striking out the matter following paragraph (2). (8) Section 601 is amended— (A) in paragraph (2), by striking out “any veteran of the Indian Wars, or”; (B) by striking out paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); (D) in paragraph (6)— (i) by striking out “section 612(f)(l)(A)(i)” in subparagraph (A)(i) and inserting in lieu thereof “section 612(a)(5)(A)”; and (ii) by striking out “section 612(f)(1)(A)(ii)” in subparagraph (B)(i)(II) and inserting in lieu thereof “section 612(a)(5)(B)”; and (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4). (9) Section 603 is amended— (A) by striking out “section” before “paragraph” in subsection (a)(2)(B); (B) by striking out “section 612(b)(1)(G)” in subsection (a)(7) and inserting in lieu thereof “section 612(b)(1)(F)”; and (C) by inserting “(Public Law 100–322; 102 Stat. 501)” in subsection (c) before the period at the end. (10) Section 610(a)(1)(H) is amended by striking out “the Spanish-American War, the Mexican border period,” and inserting in lieu thereof “the Mexican border period”. (11) Section 612A(b)(l) is amended by striking out “paragraph (1)(A)(ii) of section 612(f)” and inserting in lieu thereof “section 612(a)(5)(B)”. (12) Section 618(c)(3) is amended by inserting “and” after “productivity”. (13) Section 620A(f)(l) is amended by striking out “during the period” before “beginning on”. (14) Section 628(a)(2)(D) is amended by striking out “is (i)” and inserting in lieu thereof “(i) is”. (15) Section 630(a) is amended— (A) by striking out “(1)” after “(a)”; and (B) by redesignating subparagraph (A), clause (i), clause (ii), and subparagraph (B) as paragraph (1), subparagraph (A), subparagraph (B), and paragraph (2), respectively. (16) Section 765 is amended— (A) in paragraph (4), by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively; and (B) in each of paragraphs (8) and (9), by redesignating clauses (a), (b), (c), (d), and (e) as clauses (A), (B), (C), (D), and (E), respectively. (17) Section 770(g) is amended by striking out “the Internal Revenue Code of 1954” in clause (2) of the second sentence and inserting in lieu thereof “the Internal Revenue Code of 1986”. (18) The text of section 774 is amended to read as follows: “(a) There is an Advisory Council on Servicemen’s Group Life Insurance. The council consists of— “(1) the Secretary of the Treasury, who is the chairman of the council; “(2) the Secretary of Defense; “(3) the Secretary of Commerce; “(4) the Secretary of Health and Human Services; “(5) the Secretary of Transportation; and “(6) the Director of the Office of Management and Budget. Members of the council shall serve without additional compensation. “(b) The council shall meet at least once a year, or more often at the call of the Secretary of Veterans Affairs. The council shall review the operations of the Department under this subchapter and shall advise the Secretary on matters of policy relating to the Secretary’s activities under this subchapter.”. (19) Section 783 is amended by striking out “section 14 of title 25,” and inserting in lieu thereof “the Act of February 25, 1933 (25 U.S.C. 14),”. (20) Section 901(d) is amended— (A) by striking out “deems” and inserting in lieu thereof “considers”; (B) by striking out the comma after “this section”; and (C) by striking out “, United States Code”. (21) Section 1004(c)(2)(B) is amended by striking out “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986” and inserting in lieu thereof “October 28, 1986”. (22) Section 1010(b) is amended by striking out “the military departments” and inserting in lieu thereof “each military department”. (c) Chapters 30 Through 43 of Title 38.— Part III of such title is amended as follows: (1) Section 1415(c) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991,” and inserting in lieu thereof “November 29, 1989,”. (2) The item relating to section 1423 in the table of sections at the beginning of chapter 30 is amended by striking out “chapter” and inserting in lieu thereof “subchapter”. (3) Section 1504(b) is amended by striking out “(29 U.S.C. 796)” and inserting in lieu thereof “(29 U.S.C. 796a)”. (4) Section 1517(a) is amended— (A) by inserting “(29 U.S.C. 701 et seq.)” in paragraph (1) after “the Rehabilitation Act of 1973”; and (B) by striking out the second period at the end of paragraph (2)(C). (5) Section 1521(a)(3) is amended by inserting “and Training” after “Veterans’ Employment”. (6) Section 1602(1)(A) is amended by inserting a comma after “January 1, 1977” the last place it appears. (7) Section 1792(a) is amended by inserting “and Training” after “Veterans’ Employment”. (8) Section 1812 is amended— (A) in subsection (c)(5), by striking out “under this section” and inserting in lieu thereof “for purposes specified in this section”; and (B) in subsection (1), by striking out “, beginning 12 months following October 23, 1970,”. (9) Section 2011(2)(B) is amended by inserting a comma before “except for”. (10) Section 2013 is amended by striking out “the Comprehensive Employment and Training Act” and inserting in lieu thereof “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)”. (d) Chapters 51 Through 61 of Title 38.— Part IV of such title (as in effect immediately before the enactment of the Department of Veterans Affairs Health-Care Personnel Act of 1991) is amended as follows: (1) Section 3004 is amended— (A) by striking out “(1)” after “(a)”; (B) by striking out “(2)” and inserting in lieu thereof “(b)”; (C) by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (a)”; and (D) by striking out “(A)” and “(B)” and inserting in lieu thereof “(1)” and “(2)”, respectively. (2) Section 3101(d) is amended by striking out “the Internal 38 USC 5301. Revenue Code of 1954” and inserting in lieu thereof “the Internal Revenue Code of 1986”. (3) Section 3116 is amended— (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (4) Section 3305 is amended— (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and (B) in subsection (d)— (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”; (ii) in the second sentence of paragraph (1), by striking out “such enactment date” and inserting in lieu thereof “October 7, 1980,”; (iii) in the third sentence of paragraph (1)— (I) by striking out “existing”; and (II) by inserting “in existence on October 7, 1980” after “such programs”; and (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”. (5) (A) Section 3311 is amended to read as follows: 38 USC 5711. “§ 3311. Authority to issue subpoenas “(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to— “(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing; “(2) require the production of books, papers, documents, and other evidence; “(3) take affidavits and administer oaths and affirmations; “(4) aid claimants in the preparation and presentation of claims; and “(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department. “(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”. (B) The item relating to such section in the table of sections at the beginning of chapter 57 is amended to read as follows: “ 3311. Authority to issue subpoenas.”. (6) (A) Section 3313 is amended by striking out “subpena” both 38 USC 5713. places it appears in the text and inserting in lieu “subpoena”. (B) The heading of such section is amended to read as follows:

4. 1991

   Pub. L. 102–54 § 14(f)(4)(B) · 105 Stat. 267

   1. Added · 38 U.S.C. § 8111A(d)

      Pub. L. 102–54, § 14(f)(4)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by adding subsec. (d)

   2. Struck · 38 U.S.C. § 8111A(d)

      Pub. L. 102–54, § 14(f)(4)(B), striking out former subsec. (d) which read as follows:

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–54, § 14(f)(4)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by adding subsec. (d) and striking out former subsec. (d) which read as follows:

   “(1) Not later than six months after the date of the enactment of this section, the Administrator and the Secretary of Defense shall enter into an agreement to plan and establish procedures and guidelines for the implementation of this section. Not later than one year after the date of the enactment of this section, the Administrator and the Secretary shall complete plans for such implementation and shall submit such plans to the Committees on Veterans’ Affairs and on Armed Services of the Senate and House of Representatives. “(2) The Administrator and the Secretary of Defense shall jointly review such plans not less often than annually thereafter and shall report to such committees any modification in such plans within thirty days after the modification is agreed to.”

   Enacted provision · exact public law section
   SEC. 14. TECHNICAL AMENDMENTS TO TITLE 38, UNITED STATES CODE. (a) CHAPTERS 1 AND 3 OF TITLE 38.—Part I of title 38, United States Code, is amended as follows: (1) Section 101(21)(C) is amended by redesignating subclauses (a), (b), and (c) of clause (ii) as subclauses (I), (II), and (III), respectively. (2) Section 102 is amended by striking out “(C)” before “For the purposes of” and inserting in lieu thereof “(c)”. (b) Chapters 11 Through 24 of Title 38.— Part II of such title is amended as follows: (1) Section 354 is amended— (A) by inserting a comma in the section heading after “place”; and (B) by inserting “(Public Law 98–542; 98 Stat. 2727)” in subsection (a) before the period at the end. (2) Section 402(d) is amended by striking out “Secretary of the Department” and inserting in lieu thereof “Secretary of the department”. (3) Section 412(a) is amended by striking out “201” and inserting in lieu thereof “401”. (4) Section 423 is amended— (A) by striking out “or section 321(b) of title 32,” in the first sentence; and (B) by striking out “1476(a) or 321(b)” in the second sentence. (5) Section 503(a) is amended— (A) in paragraph (8), by striking out “per centum” and inserting in lieu thereof “percent”; and (B) in paragraph (10)(A)— (i) by striking out “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and inserting in lieu thereof “Internal Revenue Code of 1986”; and (ii) by striking out “section 143” and inserting in lieu thereof “section 7703”. (6) Section 508(b) is amended by striking out “per centum” and inserting in lieu thereof “percent”. (7) Sections 532(a) and 534(a) are amended— (A) by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof a period; and (B) by striking out the matter following paragraph (2). (8) Section 601 is amended— (A) in paragraph (2), by striking out “any veteran of the Indian Wars, or”; (B) by striking out paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); (D) in paragraph (6)— (i) by striking out “section 612(f)(l)(A)(i)” in subparagraph (A)(i) and inserting in lieu thereof “section 612(a)(5)(A)”; and (ii) by striking out “section 612(f)(1)(A)(ii)” in subparagraph (B)(i)(II) and inserting in lieu thereof “section 612(a)(5)(B)”; and (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4). (9) Section 603 is amended— (A) by striking out “section” before “paragraph” in subsection (a)(2)(B); (B) by striking out “section 612(b)(1)(G)” in subsection (a)(7) and inserting in lieu thereof “section 612(b)(1)(F)”; and (C) by inserting “(Public Law 100–322; 102 Stat. 501)” in subsection (c) before the period at the end. (10) Section 610(a)(1)(H) is amended by striking out “the Spanish-American War, the Mexican border period,” and inserting in lieu thereof “the Mexican border period”. (11) Section 612A(b)(l) is amended by striking out “paragraph (1)(A)(ii) of section 612(f)” and inserting in lieu thereof “section 612(a)(5)(B)”. (12) Section 618(c)(3) is amended by inserting “and” after “productivity”. (13) Section 620A(f)(l) is amended by striking out “during the period” before “beginning on”. (14) Section 628(a)(2)(D) is amended by striking out “is (i)” and inserting in lieu thereof “(i) is”. (15) Section 630(a) is amended— (A) by striking out “(1)” after “(a)”; and (B) by redesignating subparagraph (A), clause (i), clause (ii), and subparagraph (B) as paragraph (1), subparagraph (A), subparagraph (B), and paragraph (2), respectively. (16) Section 765 is amended— (A) in paragraph (4), by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively; and (B) in each of paragraphs (8) and (9), by redesignating clauses (a), (b), (c), (d), and (e) as clauses (A), (B), (C), (D), and (E), respectively. (17) Section 770(g) is amended by striking out “the Internal Revenue Code of 1954” in clause (2) of the second sentence and inserting in lieu thereof “the Internal Revenue Code of 1986”. (18) The text of section 774 is amended to read as follows: “(a) There is an Advisory Council on Servicemen’s Group Life Insurance. The council consists of— “(1) the Secretary of the Treasury, who is the chairman of the council; “(2) the Secretary of Defense; “(3) the Secretary of Commerce; “(4) the Secretary of Health and Human Services; “(5) the Secretary of Transportation; and “(6) the Director of the Office of Management and Budget. Members of the council shall serve without additional compensation. “(b) The council shall meet at least once a year, or more often at the call of the Secretary of Veterans Affairs. The council shall review the operations of the Department under this subchapter and shall advise the Secretary on matters of policy relating to the Secretary’s activities under this subchapter.”. (19) Section 783 is amended by striking out “section 14 of title 25,” and inserting in lieu thereof “the Act of February 25, 1933 (25 U.S.C. 14),”. (20) Section 901(d) is amended— (A) by striking out “deems” and inserting in lieu thereof “considers”; (B) by striking out the comma after “this section”; and (C) by striking out “, United States Code”. (21) Section 1004(c)(2)(B) is amended by striking out “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986” and inserting in lieu thereof “October 28, 1986”. (22) Section 1010(b) is amended by striking out “the military departments” and inserting in lieu thereof “each military department”. (c) Chapters 30 Through 43 of Title 38.— Part III of such title is amended as follows: (1) Section 1415(c) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991,” and inserting in lieu thereof “November 29, 1989,”. (2) The item relating to section 1423 in the table of sections at the beginning of chapter 30 is amended by striking out “chapter” and inserting in lieu thereof “subchapter”. (3) Section 1504(b) is amended by striking out “(29 U.S.C. 796)” and inserting in lieu thereof “(29 U.S.C. 796a)”. (4) Section 1517(a) is amended— (A) by inserting “(29 U.S.C. 701 et seq.)” in paragraph (1) after “the Rehabilitation Act of 1973”; and (B) by striking out the second period at the end of paragraph (2)(C). (5) Section 1521(a)(3) is amended by inserting “and Training” after “Veterans’ Employment”. (6) Section 1602(1)(A) is amended by inserting a comma after “January 1, 1977” the last place it appears. (7) Section 1792(a) is amended by inserting “and Training” after “Veterans’ Employment”. (8) Section 1812 is amended— (A) in subsection (c)(5), by striking out “under this section” and inserting in lieu thereof “for purposes specified in this section”; and (B) in subsection (1), by striking out “, beginning 12 months following October 23, 1970,”. (9) Section 2011(2)(B) is amended by inserting a comma before “except for”. (10) Section 2013 is amended by striking out “the Comprehensive Employment and Training Act” and inserting in lieu thereof “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)”. (d) Chapters 51 Through 61 of Title 38.— Part IV of such title (as in effect immediately before the enactment of the Department of Veterans Affairs Health-Care Personnel Act of 1991) is amended as follows: (1) Section 3004 is amended— (A) by striking out “(1)” after “(a)”; (B) by striking out “(2)” and inserting in lieu thereof “(b)”; (C) by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (a)”; and (D) by striking out “(A)” and “(B)” and inserting in lieu thereof “(1)” and “(2)”, respectively. (2) Section 3101(d) is amended by striking out “the Internal 38 USC 5301. Revenue Code of 1954” and inserting in lieu thereof “the Internal Revenue Code of 1986”. (3) Section 3116 is amended— (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (4) Section 3305 is amended— (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and (B) in subsection (d)— (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”; (ii) in the second sentence of paragraph (1), by striking out “such enactment date” and inserting in lieu thereof “October 7, 1980,”; (iii) in the third sentence of paragraph (1)— (I) by striking out “existing”; and (II) by inserting “in existence on October 7, 1980” after “such programs”; and (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”. (5) (A) Section 3311 is amended to read as follows: 38 USC 5711. “§ 3311. Authority to issue subpoenas “(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to— “(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing; “(2) require the production of books, papers, documents, and other evidence; “(3) take affidavits and administer oaths and affirmations; “(4) aid claimants in the preparation and presentation of claims; and “(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department. “(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”. (B) The item relating to such section in the table of sections at the beginning of chapter 57 is amended to read as follows: “ 3311. Authority to issue subpoenas.”. (6) (A) Section 3313 is amended by striking out “subpena” both 38 USC 5713. places it appears in the text and inserting in lieu “subpoena”. (B) The heading of such section is amended to read as follows:

5. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 8111A(a)

      Pub. L. 102–83, § 5(c)(1), substituted “1701(5)” for “601(5)” in par. (2)

   2. Substituted · 38 U.S.C. § 8111A(a)

      Pub. L. 102–83, § 5(c)(1), substituted “1701(6)” for “601(6)” in par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1701(5)” for “601(5)” and “1701(6)” for “601(6)” in par. (2).

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

6. 1991

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

   Substituted · 38 U.S.C. § 8111A(a)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in par. (1)

   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” in two places in par. (1).

   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.

7. 1991

   Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

   Substituted · 38 U.S.C. § 8111A(a)

   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (1)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (1).

   Enacted provision · exact public law section
   (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

8. 1991

   Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

   1. Substituted · 38 U.S.C. § 8111A(b)

      Pub. L. 102–83, § 5(c)(1), substituted “1712” for “612” in par. (2)(B)(i)

   2. Substituted · 38 U.S.C. § 8111A(b)

      Pub. L. 102–83, § 5(c)(1), substituted “1710” for “610” in par. (2)(B)(i)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “1712” for “612” in par. (2)(A) and “1710” for “610” in par. (2)(B)(i).

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

9. 1991

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

   Substituted · 38 U.S.C. § 8111A(b)

   Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in par. (1)

   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” in two places in par. (1).

   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. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8111A(b)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing in par. (2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing in par. (2).

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

11. 1991

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

    Substituted · 38 U.S.C. § 8111A(c)

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

    Source evidence

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

    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.

12. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8111A(c)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

13. 1991

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

    1. Substituted · 38 U.S.C. § 8111A(e); 38 U.S.C. § 8111A(f)

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

    2. Substituted · 38 U.S.C. § 8111A(e); 38 U.S.C. § 8111A(f)

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

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s” 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.

14. 1992

    Veterans’ Medical Programs Amendments of 1992

    Pub. L. 102–405 title III § 302(c)(1) · 106 Stat. 1972

    Substituted · 38 U.S.C. § 8111A(b)(2)(A); 38 U.S.C. § 8111A(b)(2)(e)

    Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”

    Source evidence

    Code amendment note
    Subsecs. (b)(2)(A), (e). Pub. L. 102–405 substituted “Under Secretary for Health” for “Chief Medical Director”.

    Enacted provision · exact public law section
    (1) Title 38, United States Code, is amended by striking out “Chief Medical Director” and “Chief Benefits Director” each place they appear (including in headings and tables but not including the sentences added by paragraphs (2) and (3)) and inserting in lieu thereof “Under Secretary for Health” and “Under Secretary for Benefits”, respectively.

15. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 title I § 101(e)(5) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 8111A(b)(2)(A)

    Pub. L. 104–262 substituted “subsection (a) of section 1710” for “subsection (f) of section 1712”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A). Pub. L. 104–262 substituted “subsection (a) of section 1710” for “subsection (f) of section 1712”.

    Enacted provision · exact public law section
    (5) Section 8111A(b)(2)(A) is amended by striking out “subsection (f) of section 1712” and inserting in lieu thereof “subsection (a) of section 1710”.

16. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title IV § 403(b) · 114 Stat. 1822

    Struck · 38 U.S.C. § 8111A(f)

    Pub. L. 106–419 struck out subsec. (f) which read as follows: “Within thirty days after a declaration of a period of war or national emergency described in subsection (a) of this section (or as soon after the end of such thirty-day period as is reasonably practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s allocation of facilities and personnel in order to provide priority hospital care, nursing home care, and medical services under this section to members of the Armed Forces. Thereafter, with respect to any fiscal year in which the authority in subsection (b) of this section to enter into contracts with private facilities has been used, the Secretary shall report within ninety days after the end of such fiscal year to those committees regarding the extent of, and the circumstances under which, such authority was used.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–419 struck out subsec. (f) which read as follows: “Within thirty days after a declaration of a period of war or national emergency described in subsection (a) of this section (or as soon after the end of such thirty-day period as is reasonably practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s allocation of facilities and personnel in order to provide priority hospital care, nursing home care, and medical services under this section to members of the Armed Forces. Thereafter, with respect to any fiscal year in which the authority in subsection (b) of this section to enter into contracts with private facilities has been used, the Secretary shall report within ninety days after the end of such fiscal year to those committees regarding the extent of, and the circumstances under which, such authority was used.”

    Enacted provision · exact public law section
    (b) Repeal of Reporting Requirements Terminated by Prior Law.— Sections 8111A(f) and 8201(h) are repealed.

17. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 title II § 208(e)(7) · 115 Stat. 2446

    Inserted · 38 U.S.C. § 8111A(a)(2)

    Pub. L. 107–135 inserted “, and the term ‘medical services’ includes services under sections 1782 and 1783 of this title” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–135 inserted “, and the term ‘medical services’ includes services under sections 1782 and 1783 of this title” before period at end.

    Enacted provision · exact public law section
    (7) Section 8111A(a)(2) is amended by inserting “, and the term ‘medical services’ includes services under sections 1782 and 1783 of this title” before the period at the end.

18. 2002

    Department of Veterans Affairs Emergency Preparedness Act of 2002

    Pub. L. 107–287 § 4(b) · 116 Stat. 2024

    1. Redesignated · 38 U.S.C. § 8111A(a)

       Pub. L. 107–287 redesignated second sentence of par. (1) as par. (3)

    2. Added · 38 U.S.C. § 8111A(a)

       Pub. L. 107–287 added par. (2)

    3. Redesignated · 38 U.S.C. § 8111A(a)

       Pub. L. 107–287 redesignated former par. (2) as (4)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–287 redesignated second sentence of par. (1) as par. (3), added par. (2), and redesignated former par. (2) as (4).

    Enacted provision · exact public law section
    (b) Members of the Armed Forces on Active Duty.— Section 8111A(a) of such title is amended— (1) by redesignating paragraph (2) as paragraph (4); (2) by designating the second sentence of paragraph (1) as paragraph (3); and (3) by inserting between paragraph (1) and paragraph (3), as designated by paragraph (2) of this subsection, the following new paragraph: “(2) (A) During and immediately following a disaster or emergency referred to in subparagraph (B), the Secretary may furnish hospital care and medical services to members of the Armed Forces on active duty responding to or involved in that disaster or emergency. “(B) A disaster or emergency referred to in this subparagraph is any disaster or emergency as follows: “(i) A major disaster or emergency declared by the President under the Robert B. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). “(ii) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh-11(b)) is activated by the Secretary of Health and Human Services under paragraph (3)(A) of that section or as otherwise authorized by law.”.

19. 2006

    Pub. L. 109–444 § 8(a)(8) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 8111A(a)(2)(B)(i)

    Pub. L. 109–444, which substituted “Robert T.” for “Robert B.”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–444, which substituted “Robert T.” for “Robert B.”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (8) Citation correction.— Section 8111A(a)(2)(B)(i) is amended by striking “Robert B.” and inserting “Robert T.”.

20. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1006(b) · 120 Stat. 3403

    Changed · 38 U.S.C. § 8111A(a)(2)(B)(i)

    Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.

    Enacted provision · exact public law section
    (b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.

21. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1004(a)(8) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 8111A(a)(2)(B)(i)

    Pub. L. 109–461, § 1004(a)(8), substituted “Robert T.” for “Robert B.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–461, § 1004(a)(8), substituted “Robert T.” for “Robert B.”.

    Enacted provision · exact public law section
    (8) Citation correction.— Section 8111A(a)(2)(B)(i) 38 USC 8111A. is amended by striking “Robert B.” and inserting “Robert T.”.

22. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title X § 1001(p)(1) · 124 Stat. 2864

    1. Substituted · 38 U.S.C. § 8111A(a)(2)(B)(ii)

       Pub. L. 111–275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))”

    2. Struck · 38 U.S.C. § 8111A(a)(2)(B)(ii)

       Pub. L. 111–275 struck out “paragraph (3)(A) of” before “that section”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(ii). Pub. L. 111–275 substituted “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)” for “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))” and struck out “paragraph (3)(A) of” before “that section”.

    Enacted provision · exact public law section
    (1) In section 8111A(a)(2)(B)(ii)— (A) by striking “section 2811(b) of the Public Health Service Act (42 U.S.C. 300hh–11(b))” and inserting “section 2812 of the Public Health Service Act (42 U.S.C. 300hh)”; and (B) by striking “paragraph (3)(A) of”.

29 of 29 references resolved to an enrolled provision