§ 8153. Sharing of health-care resources

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. 1966

   Veterans Hospitalization and Medical Services Modernization Amendments of 1966

   Pub. L. 89–785 title II § 203 · 80 Stat. 1368

   Enacted · 38 U.S.C. § 8153

   Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5053

   Source evidence

   Code source credit
   Added Pub. L. 89–785, title II, § 203, Nov. 7, 1966, 80 Stat. 1374, § 5053

   Enacted provision · exact public law section
   Sec. 203. sharing of medical facilities, equipment, and information Chapter 81 of title 38. United States Code, is amended 38 USC 5001–5037. by adding at the end thereof a new subchapter as follows: “Subchapter IV— Sharing of Medical Facilities, Equipment, and Information “§ 5051. Statement of congressional purpose “It is the purpose of this subchapter to improve the quality of hospital care and other medical service provided veterans under this title, by authorizing the Administrator to enter into agreements with medical schools, hospitals, and research centers throughout the country in order to receive from and share with such medical schools, hospitals, and research centers the most advanced medical techniques and information, as well as certain specialized medical resources which otherwise might not be feasibly available or to effectively utilize other medical resources with the surrounding medical community, without diminution of services to veterans. Among other things, it is intended, by these means, to strengthen the medical programs at those Veterans’ Administration hospitals which are located in small cities or rural areas and thus are remote from major medical centers. “§ 5052. Definitions “For the purposes of this subchapter— “(a) The term ‘research center’ means an institution (or part of an institution), the primary function of which is research, training of specialists, and demonstrations and which, in connection therewith, provides specialized, high quality diagnostic and treatment services for inpatients and outpatients. “(b) The term ‘specialized medical resources’ means medical resources (whether equipment, space, or personnel) which, because of cost, limited availability, or unusual nature, are either unique in the medical community or are subject to maximum utilization only through mutual use. “(c) The term ‘hospital’, unless otherwise specified, includes any Federal, State, local, or other public or private hospital. “§ 5053. Specialized medical resources “(a) To secure certain specialized medical resources which otherwise might not be feasibly available, or to effectively utilize certain other medical resources, the Administrator may, when he determines it to be in the best interest of the prevailing standards of the Veterans’ Administration medical care program, make arrangements, by contract or other form of agreement, as set forth in paragraphs (1) and (2) below, between Veterans’ Administration hospitals and other hospitals (or medical schools or other medical installations having hospital facilities) in the medical community: “(1) for the exchange of use of specialized medical resources when such an agreement will obviate the need for a similar resource to be provided in a Veterans’ Administration facility; or “(2) for the mutual use, or exchange of use, of specialized medical resources in a Veterans’ Administration facility, which have been justified on the basis of veterans’ care, but which are not utilized to their maximum effective capacity. The Administrator may determine the geographical limitations of a medical community as used in this section. “(b) Arrangements entered into under this section shall provide for reciprocal reimbursement based on a charge which covers the full cost of services rendered, supplies used, and including normal depreciation and amortization costs of equipment. Any proceeds to the Government received therefrom shall be credited to the applicable Veterans’ Administration medical appropriation. “(c) Eligibility for hospital care and medical services furnished any veteran pursuant to this section shall be subject to the same terms as though provided in a Veterans’ Administration facility, and provisions of this title applicable to persons receiving hospital care or medical services in a Veterans’ Administration facility shall apply to veterans treated hereunder. “§ 5054. Exchange of medical information “(a) The Administrator is authorized to enter into agreements with medical schools, hospitals, research centers, and individual members of the medical profession under which medical information and techniques will be freely exchanged and the medical information services of all parties to the agreement will be available for use by any party to the agreement under conditions specified in the agreement. In carrying out the purposes of this section, the Administrator shall utilize recent developments in electronic equipment to provide a close educational, scientific, and professional link between Veterans’ Administration hospitals and major medical centers. Such agreements shall be utilized by the Administrator to the maximum extent practicable to create, at each Veterans’ Administration hospital which is a part of any such agreement, an environment of academic medicine which will help such hospital attract and retain highly trained and qualified members of the medical profession. “(b) In order to bring about utilization of all medical information in the surrounding medical community, particularly in remote areas, and to foster and encourage the widest possible cooperation and consultation among all members of the medical profession in such community, the educational facilities and programs established at Veterans’ Administration hospitals and the electronic link to medical centers shall be made available for use by surrounding medical community. The Administrator may charge a fee for such services (on annual or like basis) at rates which he determines, after appropriate study, to be fair and equitable. The financial status of any user of such services shall be taken into consideration by the Administrator in establishing the amount of the fee to be paid. “§ 5055. Pilot programs; grants to medical schools “(a) The Administrator may establish an Advisory Subcommittee on Programs for Exchange or Medical Information, of the Special Medical Advisory Group, established under section 4112 of this title, 72 Stat. 1247; Ante, p. 1370. to advise him on matters regarding the administration of this section and to coordinate these functions with other research and education programs in the Department of Medicine and Surgery. The Assistant Chief Medical Director for Research and Education in Medicine shall be an ex officio member of this Subcommittee. “(b) The Administrator, upon the recommendation of the Subcommittee, is authorized to make grants to medical schools, hospitals, and research centers to assist such medical schools, hospitals, and research centers in planning and carrying out agreements authorized by section 5054 of this title. Such grants may be used for the employment of personnel, the construction of facilities, the purchasing of equipment when necessary to implement such programs, and for such other purposes as will facilitate the administration of this section. “(c) (1) There is hereby authorized to be appropriated an amount not to exceed $3,000,000 for each of the first four fiscal years following the fiscal year in which this subchapter is enacted 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. “(2) Funds authorized under this section shall not be available to pay the cost of hospital, medical, or other care of patients except to the extent that such cost is determined by the Administrator to be incident to research, training, or demonstration activities carried out under this section. “(d) The Administrator, after consultation with the Subcommittee shall prescribe regulations covering the terms and conditions for making grants under this section. “(e) Each recipient of a grant under this section shall keep such Recordkeeping requirements. records as the Administrator may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and 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. “(f) 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 grant under this section which are pertinent to any such grant. “§ 5056. Coordination with programs carried out under the Heart Disease, Cancer, and Stroke Amendments of 1965 “The Administrator and the Secretary of Health, Education, and Welfare shall, to the maximum extent practicable, coordinate programs carried out under this subchapter and programs carried out under title IX of the Public Health Service Act. 79 Stat. 926. 42 USC 299–2991. “§ 5057. Reports to Congress “The Administrator shall submit to the Congress not more than sixty days after the end of each fiscal year separate reports on the activities carried out under sections 5053 and 5054 of this subchapter, each report to include (1) an appraisal of the effectiveness or the programs authorized herein and the degree of cooperation from other sources, financial and otherwise, and (2) recommendations for the improvement or more effective administration of such programs.”

2. 1970

   Pub. L. 91–496 § 4 · 84 Stat. 1092

   Substituted · 38 U.S.C. § 8153(a)(1)

   Pub. L. 91–496 substituted “for the mutual use, or exchange of use,” for “for the exchange of use”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 91–496 substituted “for the mutual use, or exchange of use,” for “for the exchange of use”.

   Enacted provision · exact public law section
   Sec. 4. Section 5053(a)(1) of title 38, United States Code, is amended by deleting “for the exchange of use” and inserting in lieu thereof “for the mutual use, or exchange of use,”.

3. 1973

   Veterans Health Care Expansion Act of 1973

   Pub. L. 93–82 title III § 303 · 87 Stat. 179

   Struck and inserted · 38 U.S.C. § 8153(a)

   Pub. L. 93–82 struck out “or medical schools” from parenthetical and inserted “or medical schools or clinics” after parenthetical

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–82 struck out “or medical schools” from parenthetical and inserted “or medical schools or clinics” after parenthetical.

   Enacted provision · exact public law section
   Sec. 303. Section 5053 (a) of title 38, United States Code, is amended 80 Stat. 1374. by striking out “or medical schools” at the beginning of the. material contained in parentheses, and by inserting immediately after the close parenthesis the words “or medical schools or clinics”.

4. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 title I § 115(a)(1) · 90 Stat. 2842

   1. Substituted · 38 U.S.C. § 8153(a)

      Pub. L. 94–581, §§ 206(c), 210(e)(11), substituted “when the Administrator determines” for “when he determines” in provisions preceding cl. (1)

   2. Substituted · 38 U.S.C. § 8153(a)

      Pub. L. 94–581, §§ 206(c), 210(e)(11), substituted “clauses” for “paragraphs” in provisions preceding cl. (1)

   3. Inserted · 38 U.S.C. § 8153(a)

      Pub. L. 94–581, §§ 206(c), 210(e)(11), inserted “health care” after “Veterans’ Administration” in cls. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–581, §§ 206(c), 210(e)(11), substituted “when the Administrator determines” for “when he determines” and “clauses” for “paragraphs” in provisions preceding cl. (1), and inserted “health care” after “Veterans’ Administration” in cls. (1) and (2).

   Enacted provision · exact public law section
   (1) inserting at the end of section 5053 the following new subsection: “(d) When a Veterans’ Administration health care facility provides hospital care or medical services, pursuant to a contract or agreement authorized by this section, to an individual who is not eligible for such care or services under chapter 17 of this title and who is entitled to 38 USC 601 et seq. 42 USC 1395b–1. hospital or medical insurance benefits under subchapter XVIII of chapter 7 of title 42, such benefits shall be paid, notwithstanding any condition, limitation, or other provision in that title which would otherwise preclude such payment, in accordance with— “(1) rates prescribed by the Secretary of Health, Education, and Welfare, after consultation with the Administrator, and “(2) procedures jointly prescribed by the Secretary and the Administrator to assure reasonable quality of care and services and efficient and economical utilization of resources, to such facility therefor or. if the contract or agreement so provides, to the community health care facility which is a party to the contract or agreement,”; and

5. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 206(c)(2) · 90 Stat. 2842

   Inserted · 38 U.S.C. § 8153(c)

   Pub. L. 94–581, § 206(c)(2), inserted “health care” after “Veterans’ Administration” in two places

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–581, § 206(c)(2), inserted “health care” after “Veterans’ Administration” in two places.

6. 1976

   Veterans Omnibus Health Care Act of 1976

   Pub. L. 94–581 § 115(a)(1) · 90 Stat. 2842

   Inserted · 38 U.S.C. § 8153(d)

   Pub. L. 94–581, § 115(a)(1), inserted subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–581, § 115(a)(1), inserted subsec. (d).

   Enacted provision · exact public law section
   (1) inserting at the end of section 5053 the following new subsection: “(d) When a Veterans’ Administration health care facility provides hospital care or medical services, pursuant to a contract or agreement authorized by this section, to an individual who is not eligible for such care or services under chapter 17 of this title and who is entitled to 38 USC 601 et seq. 42 USC 1395b–1. hospital or medical insurance benefits under subchapter XVIII of chapter 7 of title 42, such benefits shall be paid, notwithstanding any condition, limitation, or other provision in that title which would otherwise preclude such payment, in accordance with— “(1) rates prescribed by the Secretary of Health, Education, and Welfare, after consultation with the Administrator, and “(2) procedures jointly prescribed by the Secretary and the Administrator to assure reasonable quality of care and services and efficient and economical utilization of resources, to such facility therefor or. if the contract or agreement so provides, to the community health care facility which is a party to the contract or agreement,”; and

7. 1979

   Veterans Health Programs Extension and Improvement Act of 1979

   Pub. L. 96–151 title III § 304 · 93 Stat. 1092

   Inserted · 38 U.S.C. § 8153(a)

   Pub. L. 96–151 inserted provisions relating to applicability to organ banks, blood banks, or similar institutions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–151 inserted provisions relating to applicability to organ banks, blood banks, or similar institutions.

   Enacted provision · exact public law section
   Sec. 304. cooperative use agreements for specialized medical resources Section 5053(a) is amended by inserting “or organ banks, blood banks, or similar institutions” after “facilities”.

8. 1982

   Pub. L. 97–295 § 4(95)(A) · 96 Stat. 1287

   Substituted · 38 U.S.C. § 8153(d)(1)

   Pub. L. 97–295 substituted “Health and Human Services” for “Health, Education, and Welfare”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 97–295 substituted “Health and Human Services” for “Health, Education, and Welfare”.

   Enacted provision · exact public law section
   (A) The following sections are amended by striking out 38 USC 101, 422, 612, 616, 774, 2014, 3001, 3005, 5053, 5056. “Health, Education, and Welfare” wherever it appears and substituting “Health and Human Services”: 101(25)(E), 422 (a) and (b), 612(j), 616, 774, 2014(c), 3001(a), 3005, 5053(d)(1), and 5056.

9. 1983

   Veterans’ Health Care Amendments of 1983

   Pub. L. 98–160 title VII § 702(20) · 97 Stat. 993

   Substituted · 38 U.S.C. § 8153(d)

   Pub. L. 98–160 substituted “title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)” for “subchapter XVIII of chapter 7 of title 42”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 98–160 substituted “title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)” for “subchapter XVIII of chapter 7 of title 42”.

   Enacted provision · exact public law section
   (20) Section 5053(d) is amended by striking out “subchapter XVIII of chapter 7 of title 42” and inserting in lieu thereof “title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)”.

10. 1986

    Pub. L. 99–576 title II § 231(c)(1) · 100 Stat. 3248

    Added · 38 U.S.C. § 8153(e)

    Pub. L. 99–576 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 99–576 added subsec. (e).

    Enacted provision · exact public law section
    (1) Section 5053 is amended by adding at the end the following new subsection: “(e) The Administrator shall submit to the Congress not more than 60 days after the end of each fiscal year a report on the activities carried out under this section. Each report shall include— “(1) an appraisal of the effectiveness of the activities authorized in this section and the degree of cooperation from other sources, financial and otherwise; and “(2) recommendations for the improvement or more effective administration of such activities.”.

11. 1990

    Department of Veterans Affairs Nurse Pay Act of 1990

    Pub. L. 101–366 § 202(b)(1) · 104 Stat. 430

    1. Substituted · 38 U.S.C. § 8153(a)

       Pub. L. 101–366, § 202(b)(1), substituted “health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools” for “hospitals and other hospitals (or other medical installations having hospital facilities or organ banks, blood banks, or similar institutions) or medical schools or clinics in the medical community”

    2. Struck · 38 U.S.C. § 8153(a)

       Pub. L. 101–366, § 202(b)(1), struck out at end “The Administrator may determine the geographical limitations of a medical community as used in this section.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–366, § 202(b)(1), substituted “health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools” for “hospitals and other hospitals (or other medical installations having hospital facilities or organ banks, blood banks, or similar institutions) or medical schools or clinics in the medical community” and struck out at end “The Administrator may determine the geographical limitations of a medical community as used in this section.”

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out “hospitals” the first place it appears and all that follows through “community” and inserting in lieu thereof “health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools”; and (B) by striking out the last sentence; and

12. 1990

    Department of Veterans Affairs Nurse Pay Act of 1990

    Pub. L. 101–366 § 202(b)(2) · 104 Stat. 430

    1. Substituted · 38 U.S.C. § 8153(b)

       Pub. L. 101–366, § 202(b)(2), substituted in first sentence “a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.” for “a charge which covers the full cost of services rendered, supplies used, and including normal depreciation and amortization costs of equipment.”

    2. Inserted · 38 U.S.C. § 8153(b)

       Pub. L. 101–366, § 202(b)(2), inserted before period at end of second sentence “and to funds that have been allotted to the facility that furnished the resource involved”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–366, § 202(b)(2), substituted in first sentence “a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.” for “a charge which covers the full cost of services rendered, supplies used, and including normal depreciation and amortization costs of equipment.” and inserted before period at end of second sentence “and to funds that have been allotted to the facility that furnished the resource involved”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) in the first sentence, by striking out “a charge” and all that follows and inserting in lieu thereof “a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.”; and (B) in the second sentence, by inserting before the period “and to funds that have been allotted to the facility that furnished the resource involved”.

13. 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. § 8153

    Pub. L. 102–40 renumbered section 5053 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 5053 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.

14. 1991

    Pub. L. 102–54 § 14(f)(9) · 105 Stat. 267

    Substituted · 38 U.S.C. § 8153(c)

    Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “under this section” for “hereunder”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54 amended subsec. (c) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “under this section” for “hereunder”.

    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:

15. 1991

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

    Substituted · 38 U.S.C. § 8153(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places in introductory provisions.

    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.

16. 1991

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

    Substituted · 38 U.S.C. § 8153(a)

    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”.

17. 1991

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

    Substituted · 38 U.S.C. § 8153(b)

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

    Source evidence

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

    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”.

18. 1991

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

    Substituted · 38 U.S.C. § 8153(c)

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

    Source evidence

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

    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”.

19. 1991

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

    Substituted · 38 U.S.C. § 8153(d)

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

    Source evidence

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

    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”.

20. 1991

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

    Substituted · 38 U.S.C. § 8153(d)(1)

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

    Source evidence

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

    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.

21. 1991

    Pub. L. 102–83 § 4(b)(2)(D) · 105 Stat. 378

    Substituted · 38 U.S.C. § 8153(d)(2)

    Pub. L. 102–83, § 4(b)(2)(D), substituted “the two Secretaries” for “the Secretary and the Administrator”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 102–83, § 4(b)(2)(D), substituted “the two Secretaries” for “the Secretary and the Administrator”.

    Enacted provision · exact public law section
    (D) Section 8153(d)(2) is amended by striking out “the Secretary and the Administrator” and inserting in lieu thereof “the two Secretaries”.

22. 1991

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

    Substituted · 38 U.S.C. § 8153(e)

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

    Source evidence

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

    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.

23. 1993

    Pub. L. 103–210 § 3(c) · 107 Stat. 2496

    1. Amended · 38 U.S.C. § 8153(a)

       Pub. L. 103–210 designated existing provisions as par. (1)

    2. Substituted · 38 U.S.C. § 8153(a)

       Pub. L. 103–210 substituted “other form of agreement for the mutual use, or exchange of use, of—” along with subpars. (A) and (B) and par. (2), for “other form of agreement, as set forth in clauses (1) and (2) below, between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools:

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–210 designated existing provisions as par. (1) and substituted “other form of agreement for the mutual use, or exchange of use, of—” along with subpars. (A) and (B) and par. (2), for “other form of agreement, as set forth in clauses (1) and (2) below, between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools:

    “(1) for the mutual use, or exchange of use, of specialized medical resources when such an agreement will obviate the need for a similar resource to be provided in a Department health care facility; or “(2) for the mutual use, or exchange of use, of specialized medical resources in a Department health care facility, which have been justified on the basis of veterans’ care, but which are not utilized to their maximum effective capacity.”

    Enacted provision · exact public law section
    (c) Sharing of Health-Care Resources.— Section 8153(a) of such title is amended— (1) by inserting “(1)” after “(a)”; and (2) by striking out “other form of agreement,” and all that follows and inserting in lieu thereof the following: “other form of agreement for the mutual use, or exchange of use, of— “(A) specialized medical resources between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools; and “(B) health-care resources between Department health-care facilities and State home facilities recognized under section 1742(a) of this title. “(2) The Secretary may enter into a contract or other agreement under paragraph (1) only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans’ care are not used to their maximum effective capacity.”.

24. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 301(d)(1) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 8153

    Pub. L. 104–262, § 301(d)(1), substituted “Sharing of health-care resources” for “Specialized medical resources” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–262, § 301(d)(1), substituted “Sharing of health-care resources” for “Specialized medical resources” in section catchline.

    Enacted provision · exact public law section
    (1) The heading of section 8153 is amended to read as follows: “§ 8153. Sharing of health-care resources”.

25. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 301(c)(1)(A) · 110 Stat. 3177

    1. Substituted · 38 U.S.C. § 8153(a)(1)

       Pub. L. 104–262, § 301(c)(1)(A), substituted “health-care resources” for “certain specialized medical resources” “of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual” for “of—

    2. Substituted · 38 U.S.C. § 8153(a)(1)

       Pub. L. 104–262, § 301(c)(1)(A), substituted “other health-care resources” for “other medical resources” “of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual” for “of—

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–262, § 301(c)(1)(A), substituted “health-care resources” for “certain specialized medical resources”, “other health-care resources” for “other medical resources”, and “of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual” for “of—

    “(A) specialized medical resources between Department health-care facilities and other health-care facilities (including organ banks, blood banks, or similar institutions), research centers, or medical schools; and “(B) health-care resources between Department health-care facilities and State home facilities recognized under section 1742(a) of this title”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) by striking out “certain specialized medical resources” and inserting in lieu thereof “health-care resources”; (ii) by striking out “other medical resources” and inserting in lieu thereof “other health-care resources”; and (iii) by striking out “of—” and all that follows through “section 1742(a) of this title” and inserting in lieu thereof “of health-care resources between Department health-care facilities and any health-care provider, or other entity or individual”;

26. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 301(c)(1)(B) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 8153(a)(2)

    Pub. L. 104–262, § 301(c)(1)(B), substituted “if such resources are not, or would not be,” for “only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans’ care are not”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 104–262, § 301(c)(1)(B), substituted “if such resources are not, or would not be,” for “only if (A) such an agreement will obviate the need for a similar resource to be provided in a Department health care facility, or (B) the Department resources which are the subject of the agreement and which have been justified on the basis of veterans’ care are not”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking out “only” and all that follows through “are not” and inserting in lieu thereof “if such resources are not, or would not be,”; and

27. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 301(c)(1)(C) · 110 Stat. 3177

    Added · 38 U.S.C. § 8153(a)(3)

    Pub. L. 104–262, § 301(c)(1)(C), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 104–262, § 301(c)(1)(C), added par. (3).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(3) (A) If the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation that would otherwise require the use of competitive procedures for acquiring the resource. “(B) (i) If the health-care resource required is a commercial service or the use of medical equipment or space, and is not to be acquired from an entity described in subparagraph (A), any procurement of the resource may be conducted without regard to any law or regulation that would otherwise require the use of competitive procedures for procuring the resource, but only if the procurement is conducted in accordance with the simplified procedures prescribed pursuant to clause (ii). “(ii) The Secretary, in consultation with the Administrator for Federal Procurement Policy, may prescribe simplified procedures for the procurement of health-care resources under this subparagraph. The Secretary shall publish such procedures for public comment in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b). Such procedures shall permit all responsible sources to submit a bid, proposal, or quotation (as appropriate) for the resources to be procured and provide for the consideration by the Department of bids, proposals, or quotations so submitted. “(iii) Pending publication of the procedures under clause (ii), the Secretary shall (except as provided under subparagraph (A)) procure health-care resources referred to in clause (i) in accordance with all procurement laws and regulations. “(C) Any procurement of health-care resources other than those covered by subparagraph (A) or (B) shall be conducted in accordance with all procurement laws and regulations. “(D) For any procurement to be conducted on a sole source basis other than a procurement covered by subparagraph (A), a written justification shall be prepared that includes the information and is approved at the levels prescribed in section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f)). “(E) As used in this paragraph, the term ‘commercial service’ means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts.”.

28. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 301(c)(2) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 8153(b)

    Pub. L. 104–262, § 301(c)(2), substituted “payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government.” for “reciprocal reimbursement based on a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–262, § 301(c)(2), substituted “payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government.” for “reciprocal reimbursement based on a methodology that provides appropriate flexibility to the heads of the facilities concerned to establish an appropriate reimbursement rate after taking into account local conditions and needs and the actual costs to the providing facility of the resource involved.”

    Enacted provision · exact public law section
    (2) Subsection (b) is amended by striking out “reciprocal reimbursement” in the first sentence and all that follows through the period at the end of that sentence and inserting in lieu thereof “payment to the Department in accordance with procedures that provide appropriate flexibility to negotiate payment which is in the best interest of the Government.”.

29. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 301(c)(3) · 110 Stat. 3177

    Substituted · 38 U.S.C. § 8153(d)

    Pub. L. 104–262, § 301(c)(3), substituted “preclude such payment to such facility for such care or services” for “preclude such payment, in accordance with—

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–262, § 301(c)(3), substituted “preclude such payment to such facility for such care or services” for “preclude such payment, in accordance with—

    “(1) rates prescribed by the Secretary of Health and Human Services, after consultation with the Secretary, and “(2) procedures jointly prescribed by the two Secretaries to assure reasonable quality of care and services and efficient and economical utilization of resources, to such facility therefor”.

    Enacted provision · exact public law section
    (3) Subsection (d) is amended by striking out “preclude such payment, in accordance with—” and all that follows through “to such facility therefor” and inserting in lieu thereof “preclude such payment to such facility for such care or services”.

30. 1996

    Veterans’ Health Care Eligibility Reform Act of 1996

    Pub. L. 104–262 § 301(c)(4) · 110 Stat. 3177

    1. Added · 38 U.S.C. § 8153(e)(g)

       Pub. L. 104–262, § 301(c)(4), added subsecs. (e) and (f)

    2. Redesignated · 38 U.S.C. § 8153(e)(g)

       Pub. L. 104–262, § 301(c)(4), redesignated former subsec. (e) as (g)

    Source evidence

    Code amendment note
    Subsecs. (e) to (g). Pub. L. 104–262, § 301(c)(4), added subsecs. (e) and (f) and redesignated former subsec. (e) as (g).

    Enacted provision · exact public law section
    (4) Such section is further amended— (A) by redesignating subsection (e) as subsection (g); and (B) by inserting after subsection (d) the following new subsections: “(e) The Secretary may make an arrangement that authorizes the furnishing of services by the Secretary under this section to individuals who are not veterans only if the Secretary determines— “(1) that veterans will receive priority under such an arrangement; and “(2) that such an arrangement— “(A) is necessary to maintain an acceptable level and quality of service to veterans at that facility; or “(B) will result in the improvement of services to eligible veterans at that facility. “(f) Any amount received by the Secretary from a non-Federal entity as payment for services provided by the Secretary during a prior fiscal year under an agreement entered into under this section may be obligated by the Secretary during the fiscal year in which the Secretary receives the payment.”

31. 1997

    Pub. L. 105–114 § 402(d) · 111 Stat. 2277

    Inserted · 38 U.S.C. § 8153(a)(3)(A)

    Pub. L. 105–114, § 402(d), inserted “(including any Executive order, circular, or other administrative policy)” after “law or regulation”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 105–114, § 402(d), inserted “(including any Executive order, circular, or other administrative policy)” after “law or regulation”.

    Enacted provision · exact public law section
    (d) Acquisition of Commercial Health Care Resources.— Section 8153(a)(3)(A) is amended by inserting “(including any Executive order, circular, or other administrative policy)” after “law or regulation”.

    Effective date note
    Pub. L. 106–419, title IV, § 404(b)(2), Nov. 1, 2000, 114 Stat. 1866, provided that the amendment made by section 404(b)(2) is effective Nov. 21, 1997, and as if included in Pub. L. 105–114 as originally enacted.

32. 1997

    Pub. L. 105–114 § 402(e) · 111 Stat. 2277

    1. Amended · 38 U.S.C. § 8153(a)(3)(B)(ii)

       Pub. L. 105–114, § 402(e), as amended by Pub. L. 106–419

    2. Inserted · 38 U.S.C. § 8153(a)(3)(B)(ii)

       Pub. L. 105–114, § 402(e), as inserted “, as appropriate,” after “all responsible sources” in third sentence

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(ii). Pub. L. 105–114, § 402(e), as amended by Pub. L. 106–419, inserted “, as appropriate,” after “all responsible sources” in third sentence.

    Enacted provision · exact public law section
    (e) Competition in Procurement of Commercial Health Care Resources.— Section 8153(a)(3)(B)(ii) is amended in the second sentence by inserting “, as appropriate,” after “all responsible sources”.

    Effective date note
    Pub. L. 106–419, title IV, § 404(b)(2), Nov. 1, 2000, 114 Stat. 1866, provided that the amendment made by section 404(b)(2) is effective Nov. 21, 1997, and as if included in Pub. L. 105–114 as originally enacted.

33. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title IV § 404(b)(2) · 114 Stat. 1822

    Amended · 38 U.S.C. § 8153(a)(3)(B)(ii)

    Pub. L. 106–419 amended directory language of Pub. L. 105–114, § 402(e). See 1997 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(ii). Pub. L. 106–419 amended directory language of Pub. L. 105–114, § 402(e). See 1997 Amendment note below.

    Enacted provision · exact public law section
    (2) Effective November 21, 1997, and as if included therein as originally enacted, section 402(e) of the Veterans’ Benefits Act of 1997 (Public Law 105–114; 111 Stat. 2294) is amended by striking “second sentence” and inserting “third sentence”.

    Effective date note
    Pub. L. 106–419, title IV, § 404(b)(2), Nov. 1, 2000, 114 Stat. 1866, provided that the amendment made by section 404(b)(2) is effective Nov. 21, 1997, and as if included in Pub. L. 105–114 as originally enacted.

34. 2003

    Pub. L. 108–170 title IV § 405(d) · 117 Stat. 2042

    1. Substituted · 38 U.S.C. § 8153(g)

       Pub. L. 108–170, in introductory provisions, substituted “not later than February 1 of each year” for “not more than 60 days after the end of each fiscal year”

    2. Inserted · 38 U.S.C. § 8153(g)

       Pub. L. 108–170, in introductory provisions, inserted “during the preceding fiscal year” after “under this section”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 108–170, in introductory provisions, substituted “not later than February 1 of each year” for “not more than 60 days after the end of each fiscal year” and inserted “during the preceding fiscal year” after “under this section”.

    Enacted provision · exact public law section
    (d) Annual Report on Sharing of Health Care Resources.— Section 8153(g) is amended— (1) by striking “not more than 60 days after the end of each fiscal year” and inserting “not later than February 1 of each year”; and (2) by inserting “during the preceding fiscal year” after “under this section”.

35. 2011

    Pub. L. 111–350 § 5(j)(8)(A) · 124 Stat. 3677

    Substituted · 38 U.S.C. § 8153(a)(3)(B)(ii)

    Pub. L. 111–350, § 5(j)(8)(A), substituted “section 1707 of title 41” for “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(B)(ii). Pub. L. 111–350, § 5(j)(8)(A), substituted “section 1707 of title 41” for “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)”.

    Enacted provision · exact public law section
    (A) in paragraph (3)(B)(ii), strike “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)” and substitute “section 1707 of title 41”; and

36. 2011

    Pub. L. 111–350 § 5(j)(8)(B) · 124 Stat. 3677

    Substituted · 38 U.S.C. § 8153(a)(3)(D)

    Pub. L. 111–350, § 5(j)(8)(B), substituted “section 3304(e) of title 41” for “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))”

    Source evidence

    Code amendment note
    Subsec. (a)(3)(D). Pub. L. 111–350, § 5(j)(8)(B), substituted “section 3304(e) of title 41” for “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))”.

    Enacted provision · exact public law section
    (B) in paragraph (3)(D), strike “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))” and substitute “section 3304(e) of title 41”.

44 of 45 references resolved to an enrolled provision · 1 partial