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38 U.S.C. § 8111A — Furnishing of health-care services to members of the Armed Forces during a war or national emergency
Federal law — U.S. Code and appendices · legal_authorities
**(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.
(2)
(A) During and immediately following a disaster or emergency referred to in subparagraph (B), the Secretary may furnish hospital care and medical services to members of the Armed Forces on active duty responding to or involved in that disaster or emergency.
(B) A disaster or emergency referred to in this subparagraph is any disaster or emergency as follows:
(i) 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.).
(ii) 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.
(3) 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.
(4) For the purposes of this section, the terms “hospital care”, “nursing home care”, an
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Source file: Laws/federal/codes/united-states-code/title-38/section-8111a-furnishing-of-health-care-services-to-members-of-the-armed-forces-during--2d35d11aab.md
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Source location: Title 38, Chapter 81, § 8111A; chapter-081-acquisition-and-operation-of-hospital-and-domiciliary-facilities-procurement-and-supply-enhanced-use-leases-of-real-property.md
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**(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.
(2)
(A) During and immediately following a disaster or emergency referred to in subparagraph (B), the Secretary may furnish hospital care and medical services to members of the Armed Forces on active duty responding to or involved in that disaster or emergency.
(B) A disaster or emergency referred to in this subparagraph is any disaster or emergency as follows:
(i) 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.).
(ii) 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.
(3) 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.
(4) 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, and the term “medical services” includes services under sections 1782 and 1783 of this title.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim); 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300hh–11
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services which the Secretary determines to be needed—
(A) to any veteran for a service-connected disability; and
(B) to any veteran who has a service-connected disability rated at 50 percent or more.
(2) The Secretary (subject to paragraph (4)) shall furnish hospital care and medical services, and may furnish nursing home care, which the Secretary determines to be needed to any veteran—
(A) who has a compensable service-connected disability rated less than 50 percent or, with respect to nursing home care during any period during which the provisions of [section 1710A(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710A/a&num=0&edition=prelim) are in effect, a compensable service-connected disability rated less than 70 percent;
(B) whose discharge or release from active military, naval, air, or space service was for a disability that was incurred or aggravated in the line of duty;
(C) who is in receipt of, or who, but for a suspension pursuant to [section 1151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1151&num=0&edition=prelim) (or both a suspension and the receipt of retired pay), would be entitled to disability compensation, but only to the extent that such veteran’s continuing eligibility for such care is provided for in the judgment or settlement provided for in such section;
(D) who is a former prisoner of war, who was 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, or who was awarded the Purple Heart;
(E) who is a veteran of—
(i) the Mexican border period;
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1710
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
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
**(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
**(a) Sharing of Health-Care Resources.—** Health-care resources of the Department of Defense shall be shared with health-care resources of the Department of Veterans Affairs in accordance with [section 8111 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8111&num=0&edition=prelim) or under [section 1535 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1535&num=0&edition=prelim).
**(b) Reimbursement From CHAMPUS Funds.—** Pursuant to an agreement entered into under [section 8111 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8111&num=0&edition=prelim) or [section 1535 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1535&num=0&edition=prelim), the Secretary of a military department may reimburse the Secretary of Veterans Affairs from funds available for that military department for the payment of medical care provided under section 1079 or 1086 of this title.
**(c) Charges.—** The Secretary of Defense may prescribe by regulation a premium, deductible, copayment, or other charge for health care provided to covered beneficiaries under this chapter pursuant to an agreement entered into by the Secretary of a military department under [section 8111 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8111&num=0&edition=prelim) or [section 1535 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1535&num=0&edition=prelim).
**(d) Provision of Services During War or National Emergency.—** Members of the armed forces on active duty during and immediately following a period of war, or during and immediately following a national emergency involvi
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1104
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Federal law — U.S. Code and appendices · legal_authorities
Page 1324
TITLE 38—VETERANS’ BENEFITS
§ 8111A
1 See References in Text note below.
‘‘(2) Present incentives to encourage such sharing
of health-care resources are inadequate.
‘‘(3) Such sharing of health-care resources can be
achieved without a detrimental effect on the primary
health-care beneficiaries of the Veterans’ Adminis-
tration and the Department of Defense.’’
Executive Documents
EXECUTIVE ORDER NO. 13214
Ex. Ord. No. 13214, May 28, 2001, 66 F.R. 29447, which
established President’s Task Force to Improve Health
Care Delivery for Our Nation’s Veterans, was revoked
by Ex. Ord. No. 13316, § 3(h), Sept. 17, 2003, 68 F.R. 55256,
eff. Sept. 30, 2003.
§ 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 pe-
riod 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.
(2)(A) During and immediately following a dis-
aster or emergency referred to in subparagraph
(B), the Secretary may furnish hospital care and
medical services to members of the Armed
Forces on active duty responding to or involved
in that disaster or emergency.
(B) A disaster or emergency referred to in this
subparagraph is any disaster or emergency as
follows:
(i) 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 et seq.).
(ii) A disaster or emergency in which the Na-
tional Disaster Medical System established
pursuant to section 2812 of the Public Health
Service Ac
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 8111A
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 300hh. This identifies an authority to review, not proof of applicability.