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38 U.S.C. § 1785 — Care and services during certain disasters and emergencies

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

38 U.S.C. § 1785 — Care and services during certain disasters and emergencies

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Source location: Title 38, Chapter 17, § 1785; chapter-017-hospital-nursing-home-domiciliary-and-medical-care.md

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**(a) Authority To Provide Hospital Care and Medical Services.—** During and immediately following a disaster or emergency referred to in subsection (b), the Secretary may furnish hospital care and medical services to individuals responding to, involved in, or otherwise affected by that disaster or emergency. **(b) Covered Disasters and Emergencies.—** A disaster or emergency referred to in this subsection is any disaster or emergency as follows: (1) A major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.). (2) A disaster or emergency in which the National Disaster Medical System established pursuant to section 2812 of the Public Health Service Act ([42 U.S.C. 300hh](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300hh&num=0&edition=prelim)) 11 See References in Text note below. is activated by the Secretary of Health and Human Services under that section or as otherwise authorized by law. **(c) Applicability to Eligible Individuals Who Are Veterans.—** The Secretary may furnish care and services under this section to an individual described in subsection (a) who is a veteran without regard to whether that individual is enrolled in the system of patient enrollment under [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim). **(d) Reimbursement From Other Federal Departments and Agencies.—** (1) The cost of any care or services furnished under this section to an officer or employee of a department or agency of the United States other than the Department or to a member of the Armed Forces shall be reimbursed at such rates as may be agreed upon by the Secretary and the head of such department or agency or the Secretary concerned, in the case of a member of the Armed Forces, based on the cost of the care or service furnished. (2) Amounts received by the Department under this subsection shall be credited to the Medical Care Collections Fund under [section 1729A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1729a&num=0&edition=prelim). **(e) Report to Congressional Committees.—** Within 60 days of the commencement of a disaster or emergency referred to in subsection (b) in which the Secretary furnishes care and services under this section (or as soon thereafter as is practicable), the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the Secretary’s allocation of facilities and personnel in order to furnish such care and services. **(f) Regulations.—** The Secretary shall prescribe regulations governing the exercise of the authority of the Secretary under this section.

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

42 U.S.C. § 300hh–11 — National Disaster Medical System

**(a) National Disaster Medical System** (1) **In general** — The Secretary shall provide for the operation in accordance with this section of a system to be known as the National Disaster Medical System. The Secretary shall designate the Assistant Secretary for Preparedness and Response as the head of the National Disaster Medical System, subject to the authority of the Secretary. (2) **Federal and State collaborative System** (A) *In general* — The National Disaster Medical System shall be a coordinated effort by the Federal agencies specified in subparagraph (B), working in collaboration with the States and other appropriate public or private entities, to carry out the purposes described in paragraph (3). (B) *Participating Federal agencies* — The Federal agencies referred to in subparagraph (A) are the Department of Health and Human Services, the Department of Homeland Security, the Department of Defense, and the Department of Veterans Affairs. (3) **Purpose of System** (A) *In general* — The Secretary may activate the National Disaster Medical System to— (i) provide health services, health-related social services, other appropriate human services, and appropriate auxiliary services to respond to the needs of victims of a public health emergency, including at-risk individuals as applicable (whether or not determined to be a public health emergency under [section 247d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section247d&num=0&edition=prelim)); or (ii) be present at locations, and for limited periods of time, specified by the Secretary on the basis that the Secretary has determined that a location is at risk of a public health emergency during the time specified, or there is a significant potential for a

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

42 U.S.C. § 5121 — Congressional findings and declarations

**(a)** The Congress hereby finds and declares that— (1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and (2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity; special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary. **(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by— (1) revising and broadening the scope of existing disaster relief programs; (2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments; (3) achieving greater coordination and responsiveness of disaster preparedness and relief programs; (4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance; (5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations; (6) providing Federal assistance programs for both public and private losses sustained in disasters; and (7) identifying and improving the climate and natural hazard resilience of vulnerable communities.

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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

38 U.S.C. § 1705 — Management of health care: patient enrollment system

**(a)** In managing the provision of hospital care and medical services under [section 1710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a&num=0&edition=prelim), the Secretary, in accordance with regulations the Secretary shall prescribe, shall establish and operate a system of annual patient enrollment. The Secretary shall manage the enrollment of veterans in accordance with the following priorities, in the order listed: (1) Veterans with service-connected disabilities rated 50 percent or greater and veterans who were awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14. (2) Veterans with service-connected disabilities rated 30 percent or 40 percent. (3) Veterans who are former prisoners of war or who were awarded the Purple Heart, veterans with service-connected disabilities rated 10 percent or 20 percent, and veterans described in subparagraphs (B) and (C) of [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2&num=0&edition=prelim). (4) Veterans who are in receipt of increased pension based on a need of regular aid and attendance or by reason of being permanently housebound and other veterans who are catastrophically disabled. (5) Veterans not covered by paragraphs (1) through (4) who are unable to defray the expenses of necessary care as determined under [section 1722(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1722/a&num=0&edition=prelim). (6) All other veterans eligible for hospital care, medical services, and nursing home care under [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?re

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1705

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

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101

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

38 U.S.C. § 3685 — Overpayments to eligible persons or veterans

**(a)** Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States. **(b)** Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if— (1) the Secretary finds that the overpayment has been made as the result of— (A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or (B) the willful or negligent false certification by an educational institution; or (2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to— (A) [section 3313(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim); (B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or (C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or (D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim). **(c)** Any overpayment referred to in subsection (a) or (b) of this sect

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

42 U.S.C. § 300hh — Public health and medical preparedness and response functions

**(a) In general** The Secretary of Health and Human Services shall lead all Federal public health and medical response to public health emergencies and incidents covered by the National Response Plan developed pursuant to section 314(6) 11 See References in Text note below. of title 6, or any successor plan. **(b) Interagency agreement** The Secretary, in collaboration with the Secretary of Veterans Affairs, the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the head of any other relevant Federal agency, shall establish an interagency agreement, consistent with the National Response Plan or any successor plan, under which agreement the Secretary of Health and Human Services shall assume operational control of emergency public health and medical response assets, as necessary, in the event of a public health emergency, except that members of the armed forces under the authority of the Secretary of Defense shall remain under the command and control of the Secretary of Defense, as shall any associated assets of the Department of Defense. **(c) Coordination with Federal agencies** In leading the Federal public health and medical response to a declared or potential public health emergency, consistent with this section, the Secretary shall coordinate with, and may request support from, other Federal departments and agencies, as appropriate in order to carry out necessary activities and leverage the expertise of such departments and agencies, which may include the provision of assistance at the direction of the Secretary related to supporting the public health and medical response for States, localities, and Tribes. **(d) Annual report on emergency response and preparedness** The Secretary shall submit a written report each fi

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300hh

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

38 U.S.C. § 3684 — Reports by veterans, eligible persons, and institutions; reporting fee

**(a)** (1) Except as provided in paragraph (2) of this subsection, the veteran or eligible person and the educational institution offering a course in which such veteran or eligible person is enrolled under chapter 31, 32, 33, 34, 35, or 36 of this title shall, without delay, report to the Secretary, in the form prescribed by the Secretary, such enrollment and any interruption or termination of the education of each such veteran or eligible person. The date of such interruption or termination will be the last date of pursuit, or, in the case of correspondence training, the last date a lesson was serviced by a school. (2) (A) In the case of a program of independent study pursued on less than a half-time basis in an educational institution, the Secretary may approve a delay by the educational institution in reporting the enrollment or reenrollment of an eligible veteran or eligible person until the end of the term, quarter, or semester if the educational institution requests the delay and the Secretary determines that it is not feasible for the educational institution to monitor interruption or termination of the veteran’s or eligible person’s pursuit of such program. (B) An educational institution which, pursuant to subparagraph (A) of this paragraph, is delaying the reporting of the enrollment or reenrollment of a veteran shall provide the veteran with notice of the delay at the time that the veteran enrolls or reenrolls. (3) (A) Subject to subparagraph (B) of this paragraph, an educational institution offering courses on a term, quarter, or semester basis may certify the enrollment of a veteran who is not on active duty, or of an eligible person, in such courses for more than one term, quarter, or semester at a time, but not for a period extending beyond t

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3684

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

38 U.S.C. § 1785 — Care and services during certain disasters

Page 484 TITLE 38—VETERANS’ BENEFITS § 1785 1 See References in Text note below. (e) DEFINITIONS.—In this section: (1) The term ‘‘campus’’ means, with respect to a hospital of the Department— (A) the physical area immediately adja- cent to the main buildings of the hospital; (B) other areas and structures that are not strictly contiguous to the main buildings but are located not more than 250 yards from the main buildings; and (C) any other areas determined by the Sec- retary to be part of the campus of the hos- pital. (2) The term ‘‘emergency medical condition’’ means— (A) a medical condition manifesting itself by acute symptoms of sufficient severity (in- cluding severe pain) such that the absence of immediate medical attention could reason- ably be expected to result in— (i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy; (ii) serious impairment to bodily func- tions; or (iii) serious dysfunction of any bodily organ or part; or (B) in the case of a pregnant woman, a stage of labor that a medical provider deter- mines indicates— (i) that there is inadequate time to effect a safe transfer to another hospital before delivery; or (ii) that transfer may pose a threat to the health or safety of the woman or the unborn child. (3)(A) The term ‘‘to stabilize’’ means— (i) with respect to an emergency medical condition described in paragraph (2)(A), to provide such medical treatment of the condi- tion as may be necessary to assure, within reasonable medical probability, that no ma- terial deterioration of the condition is likely to result from or occur during the transfer of the individual from a facility; or (ii) with respect to an emergency medical condit

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1785

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

42 U.S.C. § 300hh — Public health and medical preparedness

Page 1691 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300hh 1 See References in Text note below. § 300hh. Public health and medical preparedness and response functions (a) In general The Secretary of Health and Human Services shall lead all Federal public health and medical response to public health emergencies and inci- dents covered by the National Response Plan de- veloped pursuant to section 314(6) 1 of title 6, or any successor plan. (b) Interagency agreement The Secretary, in collaboration with the Sec- retary of Veterans Affairs, the Secretary of Transportation, the Secretary of Defense, the Secretary of Homeland Security, and the head of any other relevant Federal agency, shall estab- lish an interagency agreement, consistent with the National Response Plan or any successor plan, under which agreement the Secretary of Health and Human Services shall assume oper- ational control of emergency public health and medical response assets, as necessary, in the event of a public health emergency, except that members of the armed forces under the author- ity of the Secretary of Defense shall remain under the command and control of the Secretary of Defense, as shall any associated assets of the Department of Defense. (c) Coordination with Federal agencies In leading the Federal public health and med- ical response to a declared or potential public health emergency, consistent with this section, the Secretary shall coordinate with, and may re- quest support from, other Federal departments and agencies, as appropriate in order to carry out necessary activities and leverage the exper- tise of such departments and agencies, which may include the provision of assistance at the direction of the Secretary related to supporting the public health and me

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 300hh

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