
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-419 Section 404(a)(4)]
[Document affected by Public Law 107-95 Section 8(c)]
[CITE: 38USC1720A]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
 SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL 
                                TREATMENT
 
Sec. 1720A. Treatment and rehabilitative services for persons 
        with drug or alcohol dependency
        
    (a) The Secretary, in consultation with the Secretary of Labor and 
the Director of the Office of Personnel Management, may take appropriate 
steps to (1) urge all Federal agencies and appropriate private and 
public firms, organizations, agencies, and persons to provide 
appropriate employment and training opportunities for veterans who have 
been provided treatment and rehabilitative services under this title for 
alcohol or drug dependence or abuse disabilities and have been 
determined by competent medical authority to be sufficiently 
rehabilitated to be employable, and (2) provide all possible assistance 
to the Secretary of Labor in placing such veterans in such 
opportunities.
    (b) Upon receipt of an application for treatment and rehabilitative 
services under this title for an alcohol or drug dependence or abuse 
disability from any individual who has been discharged or released from 
active military, naval, or air service but who is not eligible for such 
treatment and services, the Secretary shall--
        (1) provide referral services to assist such individual, to the 
    maximum extent practicable, in obtaining treatment and 
    rehabilitative services from sources outside the Department; and
        (2) if pertinent, advise such individual of such individual's 
    rights to apply to the appropriate military, naval, or air service 
    and the Department for review of such individual's discharge or 
    release from such service.

    (c)(1) Any person serving in the active military, naval, or air 
service who is determined by the Secretary concerned to have an alcohol 
or drug dependence or abuse disability may be transferred to any 
facility in order for the Secretary to furnish care or treatment and 
rehabilitative services for such disability, in which case such care and 
services provided to such member shall be provided as if such member 
were a veteran. Any transfer of any such member for such care and 
services shall be made pursuant to such terms as may be agreed upon by 
the Secretary concerned and the Secretary, subject to the provisions of 
sections 1535 and 1536 of title 31.
    (2) No person serving in the active military, naval, or air service 
may be transferred pursuant to an agreement made under paragraph (1) of 
this subsection unless such person requests such transfer in writing for 
a specified period of time. No such person transferred pursuant to such 
a request may be furnished such care and services by the Secretary 
beyond the period of time specified in such request unless such person 
requests in writing an extension for a further specified period of time 
and such request is approved by the Secretary.

(Added Pub. L. 96-22, title I, Sec. 104(a), June 13, 1979, 93 Stat. 50, 
Sec. 620A; amended Pub. L. 96-128, title V, Sec. 501(c), Nov. 28, 1979, 
93 Stat. 987; Pub. L. 97-251, Sec. 6, Sept. 8, 1982, 96 Stat. 716; Pub. 
L. 97-258, Sec. 3(k)(1), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 99-108, 
Sec. 3, Sept. 30, 1985, 99 Stat. 481; Pub. L. 99-166, title I, 
Sec. 101(a), (b)(1), Dec. 3, 1985, 99 Stat. 942, 943; Pub. L. 100-687, 
div. B, title XV, Sec. 1509, Nov. 18, 1988, 102 Stat. 4137; Pub. L. 100-
689, title V, Sec. 502(a)(1), (b), Nov. 18, 1988, 102 Stat. 4179; Pub. 
L. 102-54, Sec. 14(b)(13), June 13, 1991, 105 Stat. 284; renumbered 
Sec. 1720A and amended Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), 
(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-86, title 
III, Sec. 303, Aug. 14, 1991, 105 Stat. 416; Pub. L. 103-452, title I, 
Sec. 103(b), Nov. 2, 1994, 108 Stat. 4786; Pub. L. 104-110, title I, 
Sec. 101(b), Feb. 13, 1996, 110 Stat. 768; Pub. L. 105-114, title II, 
Sec. 202(b), Nov. 21, 1997, 111 Stat. 2287; Pub. L. 106-117, title I, 
Sec. 114, Nov. 30, 1999, 113 Stat. 1558.)


                               Amendments

    1999--Subsec. (c)(1). Pub. L. 106-117, Sec. 114(a), substituted 
``may be transferred'' for ``may not be transferred'' in first sentence.
    Pub. L. 106-117, Sec. 114(a)(2), which directed the amendment of 
first sentence of par. (1) by striking out ``unless such transfer is 
during the last thirty days of such member's enlistment or tour of 
duty'', was executed by striking out ``unless such transfer is during 
the last thirty days of such member's enlistment period or tour of 
duty'' after ``services for such disability'' to reflect the probable 
intent of Congress.
    Subsec. (c)(2). Pub. L. 106-117, Sec. 114(b), struck out ``during 
the last thirty days of such person's enlistment period or tour of 
duty'' before period at end of first sentence.
    1997--Pub. L. 105-114, Sec. 202(b)(2), substituted ``Treatment and 
rehabilitative services for persons with drug and alcohol dependency'' 
for ``Treatment and rehabilitation for alcohol or drug dependence or 
abuse disabilities'' in section catchline.
    Subsecs. (a) to (d). Pub. L. 105-114, Sec. 202(b)(1), redesignated 
subsecs. (b) to (d) as (a) to (c), respectively, and struck out former 
subsec. (a) which read as follows:
    ``(a)(1) The Secretary, in furnishing hospital, nursing home, and 
domiciliary care and medical and rehabilitative services under this 
chapter, may contract for care and treatment and rehabilitative services 
in halfway houses, therapeutic communities, psychiatric residential 
treatment centers, and other community-based treatment facilities for 
eligible veterans suffering from alcohol or drug dependence or abuse 
disabilities.
    ``(2) Before furnishing such care and services to any veteran 
through a contract facility as authorized by paragraph (1) of this 
subsection, the Secretary shall approve (in accordance with criteria 
which the Secretary shall prescribe by regulation) the quality and 
effectiveness of the program operated by such facility for the purpose 
for which such veteran is to be furnished such care and services.''
    Subsecs. (e) to (g). Pub. L. 105-114, Sec. 202(b)(1)(B), struck out 
subsecs. (e) to (g) which read as follows:
    ``(e) The Secretary may not furnish care and treatment and 
rehabilitative services under subsection (a) of this section after 
December 31, 1997.
    ``(f)(1) During the period beginning on December 1, 1988, and ending 
on October 1, 1997, the Secretary shall conduct an ongoing clinical 
evaluation in order to determine the long-term results of drug and 
alcohol abuse treatment furnished to veterans in contract residential 
treatment facilities under this section.
    ``(2) The evaluation shall include an assessment of the following:
        ``(A) The long-term results of treatment referred to in 
    paragraph (1) of this subsection on drug and alcohol use by veterans 
    who may have received such treatment.
        ``(B) The need for hospitalization of such veterans for drug and 
    alcohol abuse after completion of the residential treatment.
        ``(C) The employment status and income of such veterans.
        ``(D) The extent of any criminal activity of such veterans.
        ``(E) Whether certain models and methods of residential 
    treatment for drug and alcohol abuse are more successful for 
    veterans with specific abuses, specific levels of resources 
    available to them, and specific needs than are other models and 
    methods.
    ``(3) To the extent feasible, the Secretary shall select for 
consideration in the evaluation veterans whose treatment for drug and 
alcohol abuse in contract residential treatment facilities under such 
section represents a variety of models and methods of residential drug 
and alcohol abuse treatment.
    ``(4) The Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives the following reports 
on the evaluation under this subsection:
        ``(A) Not later than February 1, 1993, an interim report 
    containing information obtained during the first four years of the 
    evaluation and any conclusions that the Secretary has drawn on the 
    basis of that information.
        ``(B) Not later than March 31, 1998, a final report containing 
    information obtained during the evaluation and the determinations 
    and conclusions of the Secretary based on that information.
    ``(g) The authority of the Secretary to enter into contracts under 
this section shall be effective for any fiscal year only to such extent 
or in such amounts as are provided in appropriation Acts.''
    1996--Subsec. (e). Pub. L. 104-110 substituted ``December 31, 1997'' 
for ``December 31, 1995''.
    1994--Subsec. (e). Pub. L. 103-452 substituted ``December 31, 1995'' 
for ``December 31, 1994''.
    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 620A of this 
title as this section.
    Subsecs. (a), (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in pars. (1) and (2).
    Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (e). Pub. L. 102-86 amended subsec. (e) of this section as 
in effect before the redesignations made by Pub. L. 102-83, Sec. 5, by 
substituting ``December 31, 1994'' for ``September 30, 1991''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator''.
    Subsec. (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' wherever appearing.
    Pub. L. 102-54 struck out ``during the period'' before ``beginning'' 
in par. (1).
    Subsec. (g). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1988--Subsec. (e). Pub. L. 100-689, Sec. 502(a)(1), substituted 
``1991'' for ``1988''.
    Subsec. (f). Pub. L. 100-689, Sec. 502(b), amended subsec. (f) 
generally. Prior to amendment, subsec. (f) read as follows:
    ``(1) The Administrator shall monitor the performance of each 
contract facility furnishing care and services under the program carried 
out under subsection (a) of this section.
    ``(2) The Administrator shall use the results of such monitoring to 
determine--
        ``(A) with respect to the program, the medical advantages and 
    cost-effectiveness that result from furnishing such care and 
    services; and
        ``(B) with respect to such contract facilities generally, the 
    level of success under the program, considering--
            ``(i) the rate of successful rehabilitation for veterans 
        furnished care and services under the program;
            ``(ii) the rate of readmission to contract facilities under 
        the program or to Veterans' Administration health-care 
        facilities by such veterans for care or services for 
        disabilities referred to in subsection (a) of this section;
            ``(iii) whether the care and services furnished under the 
        program obviated the need of such veterans for hospitalization 
        for such disabilities;
            ``(iv) the average duration of the care and services 
        furnished such veterans under the program;
            ``(v) the ability of the program to aid in the transition of 
        such veterans back into their communities; and
            ``(vi) any other factor that the Administrator considers 
        appropriate.
    ``(3) The Administrator shall maintain records of--
        ``(A) the total cost for the care and services furnished by each 
    contract facility under the program;
        ``(B) the average cost per veteran for the care and services 
    furnished under the program; and
        ``(C) the appropriateness of such costs, by comparison to--
            ``(i) the average charges for the same types of care and 
        services furnished generally by other comparable halfway houses, 
        therapeutic communities, psychiatric residential treatment 
        centers, and other community-based treatment facilities; and
            ``(ii) the historical costs for such care and services for 
        the period of time that the program carried out under subsection 
        (a) of this section was a pilot program, taking into account 
        economic inflation.
    ``(4) Not later than February 1, 1988, the Administrator shall 
submit to the Committees on Veterans' Affairs of the Senate and House of 
Representatives a report on the experience under the program carried out 
under this section during fiscal years 1984 through 1987. The report 
shall include--
        ``(A) a description of the care and services furnished;
        ``(B) the matters referred to in paragraphs (1), (2), and (3) of 
    this subsection; and
        ``(C) the Administrator's findings, assessment, and 
    recommendations regarding the program under this section.''
    Subsec. (f)(1). Pub. L. 100-687 substituted ``during the period 
beginning on December 1, 1988, and ending on October 1, 1997'' for 
``before October 1, 1997'' in par. (1) as amended by Pub. L. 100-689 
above.
    1985--Pub. L. 99-166, Sec. 101(b)(1), struck out ``; pilot program'' 
after ``disabilities'' in section catchline.
    Subsec. (a)(1). Pub. L. 99-166, Sec. 101(a)(1), struck out ``may 
conduct a pilot program under which the Administrator'' before ``may 
contract'' in first sentence, and struck out second sentence relating to 
the planning, designing, and conducting of a pilot program by the Chief 
Medical Director so as to demonstrate any medical advantages and cost 
effectiveness that might result from furnishing care and services to 
disabled veterans in contract facilities as authorized by this section, 
rather than in facilities over which the Administrator had jurisdiction.
    Subsec. (e). Pub. L. 99-166, Sec. 101(a)(2), substituted ``September 
30, 1988'' for ``October 31, 1985''.
    Pub. L. 99-108 substituted ``October 31, 1985'' for ``the last day 
of the fifth fiscal year following the fiscal year in which the pilot 
program authorized by such subsection is initiated''.
    Subsec. (f). Pub. L. 99-166, Sec. 101(a)(3), amended subsec. (f) 
generally. Prior to amendment, subsec. (f) read as follows: ``Not later 
than March 31, 1984, the Administrator shall report to the Committee on 
Veterans' Affairs of the Senate and House of Representatives on the 
findings and recommendations of the Administrator pertaining to the 
operation through September 30, 1983, of the pilot program authorized by 
this section.''
    1982--Subsec. (d)(1). Pub. L. 97-258 substituted ``sections 1535 and 
1536 of title 31'' for ``the Act of March 4, 1915 (31 U.S.C 686)'' after 
``provisions of''.
    Subsec. (f). Pub. L. 97-251 substituted ``March 31, 1984'' and 
``September 30, 1983'' for ``March 31, 1983'' and ``September 30, 
1982'', respectively.
    1979--Subsec. (a)(1). Pub. L. 96-128, Sec. 501(c)(1), substituted 
``treatment facilities for'' for ``treatment facilities of''.
    Subsec. (d)(2). Pub. L. 96-128, Sec. 501(c)(2), substituted ``such 
request unless'' for ``such request, unless''.


                    Effective Date of 1979 Amendment

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


                             Effective Date

    Section effective Oct. 1, 1979, see section 107 of Pub. L. 96-22, 
set out as an Effective Date of 1979 Amendment note under section 1701 
of this title.


       Ratification of Actions During Period of Expired Authority

    Any action taken by Secretary of Veterans Affairs before Feb. 13, 
1996, under provision of law amended by title I of Pub. L. 104-110 that 
was taken during period beginning on date on which authority of 
Secretary under such provision of law expired and ending on Feb. 13, 
1996, considered to have same force and effect as if such amendment had 
been in effect at time of that action, see section 103 of Pub. L. 104-
110, set out as a note under section 1710 of this title.


               Report on Consolidation of Certain Programs

    Section 202(a) of Pub. L. 104-110 provided that: ``The Secretary of 
Veterans Affairs shall submit to Congress, not later than March 1, 1997, 
a report on the advantages and disadvantages of consolidating into one 
program the following three programs:
        ``(1) The alcohol and drug abuse contract care program under 
    section 1720A of title 38, United States Code.
        ``(2) The program to provide community-based residential care to 
    homeless chronically mentally ill veterans under section 115 of the 
    Veterans' Benefits and Services Act of 1988 [Pub. L. 100-322] (38 
    U.S.C. 1712 note).
        ``(3) The demonstration program under section 7 of Public Law 
    102-54 (38 U.S.C. 1718 note).''


  Loans to Organizations Providing Transitional Housing for Substance 
                                 Abusers

    Section 8 of Pub. L. 102-54 provided that:
    ``(a) Loan Program.--The Secretary of Veterans Affairs may make 
loans in accordance with this section to assist in the provision of 
transitional housing exclusively to veterans who are in (or who recently 
have been in) a program for the treatment of substance abuse.
    ``(b) Loan Recipients.--A loan under this section may only be made 
to a nonprofit organization under selection criteria promulgated by the 
Secretary and only to assist that organization in leasing housing units 
for use as a group residence for the purposes described in subsection 
(a). The amount of such a loan that is used with respect to any single 
residential unit may not exceed $4,500. In making loans under this 
subsection, the Secretary shall, except to the extent that the Secretary 
determines that it is infeasible to do so, ensure that--
        ``(1) each loan is repaid within two years after the date on 
    which the loan is made;
        ``(2) each loan is repaid through monthly installments and that 
    a reasonable penalty is assessed for each failure to pay an 
    installment by the date specified in the loan agreement involved; 
    and
        ``(3) each loan is made only to a nonprofit private entity which 
    agrees that, in the operation of each residence established with the 
    assistance of the loan--
            ``(A) the use of alcohol or any illegal drug in the 
        residence will be prohibited;
            ``(B) any resident who violates the prohibition in subclause 
        (A) of this clause will be expelled from the residence;
            ``(C) the costs of maintaining the residence, including fees 
        for rent and utilities, will be paid by the residents;
            ``(D) the residents will, through a majority vote of the 
        residents, otherwise establish policies governing the conditions 
        of residence, including the manner in which applications for 
        residence are approved; and
            ``(E) the residence will be operated solely as a residence 
        for not less than six veterans.
    ``(c) Funding.--Loans under this section shall be made from the 
special account of the General Post Fund of the Department of Veterans 
Affairs established for purposes of this section. The amount of such 
loans outstanding at any time may not exceed $100,000. Amounts received 
as payment of principal and interest on such loans shall be deposited in 
that account. The operation of the loan program under this section shall 
be separately accounted for, and shall be separately stated in the 
documents accompanying the President's budget for each fiscal year.
    ``(d) Terms and Conditions.--Loans under this section shall be made 
on such terms and conditions, including interest, as the Secretary 
prescribes.
    ``(e) Report.--After the end of the 15-month period beginning on the 
date the first loan is extended under this section, the Secretary shall 
issue a report on the Department's experience under the section. The 
report shall include the following information:
        ``(1) The default rate on loans extended under this section.
        ``(2) The manner in which loan payments are collected.
        ``(3) The number of facilities at which loans have been 
    extended.
        ``(4) The adequacy of the amount of funds in the special account 
    referred to in subsection (c).''


Evaluation of Veterans' Administration Inpatient and Outpatient Drug and 
                       Alcohol Treatment Programs

    Pub. L. 100-690, title II, Sec. 2501, Nov. 18, 1988, 102 Stat. 4232, 
directed Administrator of Veterans' Affairs to conduct an evaluation of 
inpatient and outpatient drug and alcohol treatment programs operated by 
the Veterans' Administration, such evaluation to include a determination 
of medical advantages and cost-effectiveness of such programs, taking 
into consideration rates of readmission and the rate of successful 
rehabilitation, and authorized appropriations for this purpose for 
fiscal years 1989, 1990, and 1991.


                     Ratification for Lapsed Period

    Section 502(a)(2) of Pub. L. 100-689 ratified actions by the 
Administrator of Veterans' Affairs in providing, during the period 
beginning Oct. 1, 1988, and ending Nov. 18, 1988, for care and treatment 
and rehabilitative services under this section.

                  Section Referred to in Other Sections

    This section is referred to in section 1703 of this title; title 29 
sections 1721, 2913.
