
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 403(b)]
[Document affected by Public Law 107-135 Section 208(e)(7)]
[CITE: 38USC8111A]

 
                      TITLE 38--VETERANS' BENEFITS
 
            PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
 
   CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY 
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL PROPERTY
 
      SUBCHAPTER I--ACQUISITION AND OPERATION OF MEDICAL FACILITIES
 
Sec. 8111A. 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 Secretary 
may furnish hospital care, nursing home care, and medical services to 
members of the Armed Forces on active duty. The Secretary 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 
Department 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 given 
such terms by sections 1701(5), 101(28), and 1701(6) of this title, 
respectively.
    (b)(1) During a period in which the Secretary is authorized to 
furnish care and services to members of the Armed Forces under 
subsection (a) of this section, the Secretary, 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 
    Department facility under subsection (a) of section 1710 of this 
    title, in a case in which the delay involved in furnishing such care 
    or services at such Department facility or at any other Department 
    facility reasonably accessible to the veteran would, in the judgment 
    of the Under Secretary for Health, 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 1710 of this 
        title; or
            (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 Department 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 Department 
under subsection (a) of this section shall be reimbursed to the 
Department by the Department of Defense at such rates as may be agreed 
upon by the Secretary 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 Department facility that provided the care or 
services.
    (d)(1) The Secretary of Veterans Affairs and the Secretary of 
Defense shall jointly review plans for the implementation of this 
section not less often than annually.
    (2) Whenever a modification to such plans is agreed to, the 
Secretaries shall jointly submit to the Committees on Veterans' Affairs 
of the Senate and House of Representatives a report on such 
modification. Any such report shall be submitted within 30 days after 
the modification is agreed to.
    (e) The Secretary shall prescribe regulations to govern any exercise 
of the authority of the Secretary under subsections (a) and (b) of this 
section and of the Under Secretary for Health under subsection (b)(2)(A) 
of this section.
    (f) 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.

(Added Pub. L. 97-174, Sec. 4(a), May 4, 1982, 96 Stat. 74, Sec. 5011A; 
renumbered Sec. 8111A, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 
1991, 105 Stat. 238; amended Pub. L. 102-54, Sec. 14(f)(4), June 13, 
1991, 105 Stat. 287; Pub. L. 102-83, Secs. 4(a)(3), (4), (b)(1), (2)(E), 
5(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 102-405, title III, 
Sec. 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 104-262, title I, 
Sec. 101(e)(5), Oct. 9, 1996, 110 Stat. 3181.)


                               Amendments

    1996--Subsec. (b)(2)(A). Pub. L. 104-262 substituted ``subsection 
(a) of section 1710'' for ``subsection (f) of section 1712''.
    1992--Subsecs. (b)(2)(A), (e). Pub. L. 102-405 substituted ``Under 
Secretary for Health'' for ``Chief Medical Director''.
    1991--Pub. L. 102-40 renumbered section 5011A of this title as this 
section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1701(5)'' 
for ``601(5)'' and ``1701(6)'' for ``601(6)'' in par. (2).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in two places in par. (1).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' in par. (1).
    Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1712'' for 
``612'' in par. (2)(A) and ``1710'' for ``610'' in par. (2)(B)(i).
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' in two places in par. (1).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing in par. (2).
    Pub. L. 102-54, Sec. 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)''.
    Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in par. (1).
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration'' wherever appearing.
    Subsec. (d). Pub. L. 102-54, Sec. 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.''
    Subsecs. (e), (f). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' and ``Secretary's'' for 
``Administrator's'' wherever appearing.


                         Congressional Findings

    Section 2(b) of Pub. L. 97-174 provided that: ``The Congress makes 
the following further findings:
        ``(1) During and immediately after a period of war or national 
    emergency involving the use of the Armed Forces of the United States 
    in armed conflict, the Department of Defense might not have adequate 
    health-care resources to care for military personnel wounded in 
    combat and other active-duty military personnel.
        ``(2) The Veterans' Administration has an extensive, 
    comprehensive health-care system that could be used to assist the 
    Department of Defense in caring for such personnel in such a 
    situation.''

   Ex. Ord. No. 12751. Health Care Services for Operation Desert Storm

    Ex. Ord. No. 12751, Feb. 14, 1991, 56 F.R. 6787, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the National 
Emergencies Act (50 U.S.C. 1601 et seq.), section 5011A [now 8111A] of 
title 38 of the United States Code, and pursuant to the national 
emergency declared with respect to Iraq in Executive Order No. 12722 of 
August 2, 1990 [50 U.S.C. 1701 note], it is hereby ordered that, in the 
event that the Department of Veterans Affairs is requested by the 
Department of Defense to furnish care and services to members of the 
United States Armed Forces on active duty in Operation Desert Storm, the 
Secretary of Veterans Affairs may, pursuant to this order, enter into 
contracts with private facilities for the provision of hospital care and 
medical services for veterans to the fullest extent authorized by 
section 5011A(b)(1)-(2) [now 8111A(b)(1)-(2)] of title 38 of the United 
States Code.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in section 1721 of this title; title 10 
section 1104.
