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38 U.S.C. § 1724 — Hospital care, medical services, and nursing home care abroad

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1724 — Hospital care, medical services, and nursing home care abroad

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Source file: Laws/federal/codes/united-states-code/title-38/section-1724-hospital-care-medical-services-and-nursing-home-care-abroad--f6bf7c1813.md
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Source location: Title 38, Chapter 17, § 1724; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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**(a)** Except as provided in subsections (b), (c), and (f), the Secretary shall not furnish hospital or domiciliary care or medical services outside any State. **(b)** (1) The Secretary may furnish hospital care and medical services outside a State to a veteran who is otherwise eligible to receive hospital care and medical services if the Secretary determines that such care and services are needed for the treatment of a service-connected disability of the veteran or as part of a rehabilitation program under chapter 31 of this title. (2) Care and services for a service-connected disability of a veteran who is not a citizen of the United States may be furnished under this subsection only— (A) if the veteran is in the Republic of the Philippines or in Canada; or (B) if the Secretary determines, as a matter of discretion and pursuant to regulations which the Secretary shall prescribe, that it is appropriate and feasible to furnish such care and services. **(c)** Within the limits of those facilities of the Veterans Memorial Medical Center at Manila, Republic of the Philippines, for which the Secretary may contract, the Secretary may furnish necessary hospital care to a veteran for any non-service-connected disability if such veteran is unable to defray the expenses of necessary hospital care. The Secretary may enter into contracts to carry out this section. **(d)** The Secretary may furnish nursing home care, on the same terms and conditions set forth in [section 1720(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720/a&num=0&edition=prelim), to any veteran who has been furnished hospital care in the Philippines pursuant to this section, but who requires a protracted period of nursing home care. **(e)** Within the limits of an outpatient clinic in the Republic of the Philippines that is under the direct jurisdiction of the Secretary, the Secretary may furnish a veteran who has a service-connected disability with such medical services as the Secretary determines to be needed. **(f)** (1) (A) The Secretary may furnish hospital care and medical services in the Freely Associated States, subject to agreements the Secretary shall enter into with the governments of the Freely Associated States as described in section 209(a)(4)(A) of the Compact of Free Association Amendments Act of 2024, and subject to subparagraph (B), to a veteran who is otherwise eligible to receive hospital care and medical services. (B) The agreements described in subparagraph (A) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary in the Freely Associated States. (2) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services through— (A) contracts or other agreements; (B) reimbursement; or (C) the direct provision of care by health care personnel of the Department. (3) In furnishing hospital care and medical services under paragraph (1), the Secretary may furnish hospital care and medical services for any condition regardless of whether the condition is connected to the service of the veteran in the Armed Forces. (4) (A) A veteran who has received hospital care or medical services in a country pursuant to this subsection shall remain eligible, to the extent determined advisable and practicable by the Secretary, for hospital care or medical services in that country regardless of whether the country continues to qualify as a Freely Associated State for purposes of this subsection. (B) If the Secretary determines it is no longer advisable or practicable to allow veterans described in subparagraph (A) to remain eligible for hospital care or medical services pursuant to such subparagraph, the Secretary shall— (i) provide direct notice of that determination to such veterans; and (ii) publish that determination and the reasons for that determination in the Federal Register. (5) In this subsection, the term “Freely Associated States” means— (A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; [48 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901&num=0&edition=prelim) note); (B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; [48 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901&num=0&edition=prelim) note); and (C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint 11 So in original. Probably should be preceded by “the”. Resolution entitled “Joint Resolution to approve the ‘Compact of Free Association’ between the United States and the Government of Palau, and for other purposes” (Public Law 99–658; [48 U.S.C. 1931](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1931&num=0&edition=prelim) note).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 111 — Payments or allowances for beneficiary travel

**(a)** Under regulations prescribed by the President pursuant to the provisions of this section, the Secretary may pay the actual necessary expense of travel (including lodging and subsistence), or in lieu thereof an allowance based upon mileage (at a rate of 41.5 cents per mile), of any person to or from a Department facility or other place in connection with vocational rehabilitation, counseling required by the Secretary pursuant to chapter 34 or 35 of this title, or for the purpose of examination, treatment, or care. Actual necessary expense of travel includes the reasonable costs of airfare if travel by air is the only practical way to reach a Department facility. In addition to the mileage allowance authorized by this section, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. **(b)** (1) Except as provided in subsection (c) of this section and notwithstanding subsection (g)(2) of this section or any other provision of law, if, with respect to any fiscal year, the Secretary exercises the authority under this section to make any payments, the Secretary shall make the payments provided for in this section to or for the following persons for travel during such fiscal year for examination, treatment, or care for which the person is eligible: (A) A veteran or other person whose travel is in connection with treatment or care for a service-connected disability. (B) A veteran with a service-connected disability rated at 30 percent or more. (C) A veteran receiving pension under [section 1521 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521&num=0&edition=prelim). (D) A veteran (i) who is not traveling by air and whose annual income (as determined under [secti

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1931 — Approval of Compact of Free Association

**(a) Approval** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of Palau is hereby approved, and Congress hereby consents to the agreements as set forth on pages 154 through 405 of House Document 99–193 of April 9, 1986 (hereafter in this joint resolution referred to as subsidiary or related agreements), as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. **(b) Reference to Compact** Any reference in this joint resolution to the “Compact” shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. **(c) Amendment, change, or termination of Compact and certain agreements** (1) Mutual agreement by the Government of the United States as provided in the Compact which results in amendment, change, or termination of all or any part thereof shall be affected only by Act of Congress and no unilateral action by the Government of the United States provided for in the Compact, and having such result, may be effected other than by Act of Congress. (2) The provisions of paragraph (1) shall apply— (A) to all actions of the Government of the United States under the Compact including, but not limited to, actions taken pursuant to sections 431, 432, 441, or 442; (B) to any amendment, change, or termination in any agreement that may be concluded at any time between the Government of the United States and the Government of Palau regarding friends

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3689 — Approval requirements for licensing and certification testing

**(a) In General.—** (1) No payment may be made for a licensing or certification test described in section 3452(b) or 3501(a)(5) of this title unless the test is deemed approved by [section 3672(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3672/b/2/B&num=0&edition=prelim) or the Secretary determines that the requirements of this section have been met with respect to such test and the organization or entity offering the test. The requirements of approval for tests and organizations or entities offering tests shall be in accordance with the provisions of this chapter and chapters 30, 32, 33, 34, and 35 of this title and with regulations prescribed by the Secretary to carry out this section. (2) To the extent that the Secretary determines practicable, State approving agencies may, in lieu of the Secretary, approve licensing and certification tests, and organizations and entities offering such tests, under this section. **(b) Requirements for Tests.—** (1) Subject to paragraph (2), a licensing or certification test is approved for purposes of this section only if— (A) the test is required under Federal, State, or local law or regulation for an individual to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession; or (B) the Secretary determines that the test is generally accepted, in accordance with relevant government, business, or industry standards, employment policies, or hiring practices, as attesting to a level of knowledge or skill required to qualify to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession. (2) A licensing or certification test offered by a State, or a political subdivision of a State, is

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3524 — Discontinuance for unsatisfactory progress

The Secretary shall discontinue the educational assistance allowance on behalf of an eligible person if, at any time, the Secretary finds that according to the regularly prescribed standards and practices of the educational institution such person is attending, the person’s attendance, conduct, or progress is unsatisfactory. The Secretary may renew the payment of the educational assistance allowance only if the Secretary finds that— (1) the eligible person will be resuming enrollment at the same educational institution in the same program of education and the educational institution has both approved such eligible person’s reenrollment and certified it to the Department of Veterans Affairs; or (2) in the case of a proposed change of either educational institution or program of education by the eligible person— (A) the cause of the unsatisfactory attendance, conduct, or progress has been removed; (B) the program proposed to be pursued is suitable to the eligible person’s aptitudes, interests, and abilities; and (C) if a proposed change of program is involved, the change meets the requirements for approval under [section 3691 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3691&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1901 — Approval of Compact of Free Association

**(a) Federated States of Micronesia** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Federated States of Micronesia is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. **(b) Marshall Islands** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Marshall Islands is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement. **(c) Reference to Compact** Any reference in this joint resolution to “the Compact” shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution. **(d) Amendment, change, or termination in Compact and certain agreements** (1) Mutual agreement by the Government of the United States as provided in the Compact which results in

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1701 — Definitions

For the purposes of this chapter— (1) The term “disability” means a disease, injury, or other physical or mental defect. (2) The term “veteran of any war” includes any veteran awarded the Medal of Honor. (3) The term “facilities of the Department” means— (A) facilities over which the Secretary has direct jurisdiction; (B) Government facilities for which the Secretary contracts; and (C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim). (4) The term “non-Department facilities” means facilities other than Department facilities. (5) The term “hospital care” includes— (A) (i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim); (B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and (C) (i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1732 — Contracts and grants to provide for the care and treatment of United States veterans by the Veterans Memorial Medical Center

**(a)** The President, with the concurrence of the Republic of the Philippines, may authorize the Secretary to enter into contracts with the Veterans Memorial Medical Center, with the approval of the appropriate department of the Government of the Republic of the Philippines, covering the period beginning on October 1, 1981, and ending on September 30, 1994, under which the United States— (1) will provide for payments for hospital care and medical services (including nursing home care) in the Veterans Memorial Medical Center, as authorized by [section 1724 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1724&num=0&edition=prelim) and on the terms and conditions set forth in such section, to eligible United States veterans at a per diem rate to be jointly determined for each fiscal year by the two Governments to be fair and reasonable; and (2) may provide that payments for such hospital care and medical services provided to eligible United States veterans may consist in whole or in part of available medicines, medical supplies, and equipment furnished by the Secretary to the Veterans Memorial Medical Center at valuations therefor as determined by the Secretary, who may furnish such medicines, medical supplies, and equipment through the revolving supply fund pursuant to [section 8121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8121&num=0&edition=prelim). **(b)** (1) To further assure the effective care and treatment of United States veterans in the Veterans Memorial Medical Center, there is authorized to be appropriated for each fiscal year during the period beginning on October 1, 1981, and ending on September 30, 1990, the sum of $1,000,000 to be used by the Secretary for makin

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1988 — United States policy regarding the Freely Associated States

**(a) Authorization for veterans’ services** (1) **Definition of Freely Associated States** — In this subsection, the term “Freely Associated States” means— (A) the Federated States of Micronesia, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; [48 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901&num=0&edition=prelim) note); (B) the Republic of the Marshall Islands, during such time as it is a party to the Compact of Free Association set forth in section 201 of the Compact of Free Association Act of 1985 (Public Law 99–239; [48 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1901&num=0&edition=prelim) note); and (C) the Republic of Palau, during such time as it is a party to the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Joint Resolution entitled “Joint Resolution to approve the ‘Compact of Free Association’ between the United States and the Government of Palau, and for other purposes” (Public Law 99–658; [48 U.S.C. 1931](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1931&num=0&edition=prelim) note). (2) **, (3) Omitted** (4) **Legal issues** (A) *Agreements to furnish care and services* (i) *In general* — Before delivering hospital care or medical services under subsection (f) of [section 1724 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1724&num=0&edition=prelim), as added by paragraph (2)(B), the Secretary of Veterans Affairs, in consultation with the Secretary of State, shall enter into agreements with the govern

Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1988

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5569 — Benefits for captives

**(a)** For the purpose of this section— (1) “captive” means any individual in a captive status commencing while such individual is— (A) in the Civil Service, or (B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); (2) “captive status” means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual’s relationship with the Government; (3) “missing status”— (A) in the case of an employee, has the meaning provided under [section 5561(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); and (B) in the case of an individual other than an employee, has a similar meaning; and (4) “family member”, as used with respect to a person, means— (A) any dependent of such person; and (B) any individual (other than a dependent under subparagraph (A)) who is a member of such person’s family or household. **(b)** (1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under [section 5563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) or any other provision of law. (2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Suc

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1724 — Hospital care, medical services, and nurs-

Page 454 TITLE 38—VETERANS’ BENEFITS § 1723 this title or any other provision of law, the Sec- retary may not impose or collect a copayment for the first three mental health care outpatient visits of a veteran in a calendar year for which the veteran would otherwise be required to pay a copayment under the laws administered by the Secretary. (b) COPAYMENT FOR MEDICATIONS.—The prohi- bition under subsection (a) shall not apply with respect to the imposition or collection of copay- ments for medications pursuant to section 1722A of this title. (c) MENTAL HEALTH CARE OUTPATIENT VISIT DEFINED.—In this section, the term ‘‘mental health care outpatient visit’’ means an out- patient visit with a qualified mental health pro- fessional for the primary purpose of seeking mental health care or treatment for substance abuse disorder. (d) SUNSET.—This section shall terminate on the date that is five years after the date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022. (Added Pub. L. 117–328, div. U, title I, § 193A(a), Dec. 29, 2022, 136 Stat. 5440.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, re- ferred to in subsec. (d), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 117–328, div. U, title I, § 193A(b), Dec. 29, 2022, 136 Stat. 5440, provided that: ‘‘The amendment made by subsection (a) [enacting this section] shall apply with respect to mental health care outpatient visits occur- ring on or after the date that is 18

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