38 U.S.C. § 1732 — Contracts and grants to provide for the

Page 469 TITLE 38—VETERANS’ BENEFITS § 1732 H, title XCI, § 9101, Jan. 1, 2021, 134 Stat. 4780; Pub. L. 118–42, div. G, title II, § 209(a)(4)(B), Mar. 9, 2024, 138 Stat. 441.) Editorial Notes REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (e), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–42 substituted ‘‘any State or any of the Freely Associated States (as defined in section 1724(f) of this title)’’ for ‘‘any State’’. 2021—Subsec. (b). Pub. L. 116–283 amended subsec. (b) generally. Prior to amendment, subsec. (b) related to who were considered covered health care professionals. SUBCHAPTER IV—HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE REPUBLIC OF THE PHILIPPINES Editorial Notes AMENDMENTS 1981—Pub. L. 97–72, title I, § 107(d)(1), Nov. 3, 1981, 95 Stat. 1053, substituted ‘‘HOSPITAL CARE AND MED- ICAL TREATMENT FOR VETERANS IN THE REPUB- LIC OF THE PHILIPPINES’’ for ‘‘HOSPITAL AND MEDICAL CARE FOR COMMONWEALTH OF THE PHILIPPINES ARMY VETERANS’’ in subchapter heading. § 1731. Assistance to the Republic of the Phil- ippines The President is authorized to assist the Re- public of the Philippines in fulfilling its respon- sibility in providing medical care and treatment for Commonwealth Army veterans and new Phil- ippine Scouts in need of such care and treat- ment for service-connected disabilities and non- service-connected disabilities under certain con- ditions. (Added Pub. L. 93–82, title I, § 107(a), Aug. 2, 1973, 87 Stat. 184, § 631; amended Pub. L. 97–72, title I, § 107(b), Nov. 3, 1981, 95 Stat. 1052; renumbered § 1731, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 1731 was renumbered section 3531 of this title. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 631 of this title as this section. 1981—Pub. L. 97–72 inserted ‘‘in fulfilling its responsi- bility’’ after ‘‘The President is authorized to assist the Republic of the Philippines’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amend- ment note under section 1701 of this title. § 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 Vet- erans Memorial Medical Center, with the ap- proval 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 and on the terms and conditions set forth in such section, to eligible United States vet- erans at a per diem rate to be jointly deter- mined for each fiscal year by the two Govern- ments to be fair and reasonable; and (2) may provide that payments for such hos- pital care and medical services provided to eli- gible United States veterans may consist in whole or in part of available medicines, med- ical 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 medi- cines, medical supplies, and equipment through the revolving supply fund pursuant to section 8121 of this title. (b)(1) To further assure the effective care and treatment of United States veterans in the Vet- erans Memorial Medical Center, there is author- ized to be appropriated for each fiscal year dur- ing 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 making grants to the Veterans Memorial Medical Center for the purpose of assisting the Republic of the Philippines in the replacement and upgrading of equipment and in rehabilitating the physical plant and facilities of such center. (2) Grants under this subsection shall be made on such terms and conditions as prescribed by the Secretary. Such terms and conditions may include a requirement of prior approval by the Secretary of the uses of the funds provided by such grants. (3) Funds for such grants may be provided only from appropriations made to the Department for the specific purpose of making such grants. (c) The Secretary may stop payments under a contract or grant under this section upon rea- sonable notice as stipulated by the contract or grant if the Republic of the Philippines and the Veterans Memorial Medical Center do not main- tain the medical center in a well-equipped and effective operating condition as determined by the Secretary. (d)(1) The authority of the Secretary to enter into contracts and to make grants under this section is effective for any fiscal year only to the extent that appropriations are available for that purpose. (2) Appropriations made for the purpose of this section shall remain available until expended. (Added Pub. L. 93–82, title I, § 107(a), Aug. 2, 1973, 87 Stat. 184, § 632; amended Pub. L. 94–581, title Page 470 TITLE 38—VETERANS’ BENEFITS § 1733 II, § 210(a)(14), Oct. 21, 1976, 90 Stat. 2863; Pub. L. 95–520, § 3(b), Oct. 26, 1978, 92 Stat. 1820; Pub. L. 97–72, title I, § 107(c)(1), Nov. 3, 1981, 95 Stat. 1052; Pub. L. 99–576, title II, § 206(a)(1), Oct. 28, 1986, 100 Stat. 3256; Pub. L. 100–687, div. B, title XV, § 1502(a), (b), Nov. 18, 1988, 102 Stat. 4132; Pub. L. 102–40, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 1732 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title III, § 304(a), Aug. 14, 1991, 105 Stat. 416; Pub. L. 102–585, title V, § 503, Nov. 4, 1992, 106 Stat. 4955.) Editorial Notes PRIOR PROVISIONS Prior section 1732 was renumbered section 3532 of this title. AMENDMENTS 1992—Subsec. (a). Pub. L. 102–585 substituted ‘‘Sep- tember 30, 1994’’ for ‘‘September 30, 1992’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 632 of this title as this section. Subsec. (a). Pub. L. 102–86 amended subsec. (a) of this section as in effect before the redesignations made by Pub. L. 102–83, § 5, by substituting ‘‘1992’’ for ‘‘1990’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ wherever appearing. Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1724’’ for ‘‘624’’. Subsec. (a)(2). Pub. L. 102–40, § 402(d)(1), substituted ‘‘8121’’ for ‘‘5021’’. Subsec. (b)(1), (2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Subsec. (b)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsecs. (c), (d)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. 1988—Subsecs. (a), (b)(1). Pub. L. 100–687 substituted ‘‘1990’’ for ‘‘1989’’ in subsec. (a) and substituted ‘‘1990’’ for ‘‘1989’’ and ‘‘$1,000,000’’ for ‘‘$500,000’’ in subsec. (b)(1). 1986—Subsecs. (a), (b)(1). Pub. L. 99–576 substituted ‘‘September 30, 1989’’ for ‘‘September 30, 1986’’. 1981—Pub. L. 97–72 amended section generally, first by substituting Sept. 30, 1986, for Sept. 30, 1981, as the ending date for the period during which the President, with the concurrence of the Republic of the Phil- ippines, may authorize the Administrator to enter into contracts with the Veterans Memorial Medical Center to provide for payments for hospital care and medical services, and by including nursing home care, for eligi- ble United States veterans as authorized by and on the same conditions as set forth in section 624, with such care to consist in whole or in part of available medi- cines, medical supplies, and equipment furnished through the revolving supply fund, pursuant to section 5021, at valuations determined by the Administrator using available appropriations for payments and with the per diem rate for such care and services to be joint- ly determined annually by the two Governments as fair and reasonable, second by increasing from $50,000 to $500,000 per year the size of grants to replace and up- grade equipment and rehabilitate the Center’s physical plant, third by continuing the Administrator’s author- ity to stop payments in certain cases, and fourth by limiting the Administrator’s authority to contract for hospital care and to make grants for any fiscal year, to the extent that appropriations are available for that purpose. 1978—Subsec. (a). Pub. L. 95–520, § 3(b)(1), (2), sub- stituted ‘‘Veterans Memorial Medical Center’’ for ‘‘Vet- erans Memorial Hospital’’ in introductory text and pars. (1), (2), (5), and (7), and in introductory text, sub- stituted ‘‘enter into contracts’’ for ‘‘enter into a con- tract’’ and ‘‘September 30, 1981’’ for ‘‘June 30, 1978’’. Subsec. (b). Pub. L. 95–520, § 3(b)(3), substituted ‘‘Octo- ber 1, 1981’’ for ‘‘July 1, 1978’’. Subsec. (c). Pub. L. 95–520, § 3(b)(1), substituted ‘‘Vet- erans Memorial Medical Center’’ for ‘‘Veterans Memo- rial Hospital’’. Subsec. (d). Pub. L. 95–520, § 3(b)(1), (4), substituted ‘‘Veterans Memorial Medical Center’’ for ‘‘Veterans Memorial Hospital’’ in three places and ‘‘occurring dur- ing the period beginning July 1, 1973, and ending Sep- tember 30, 1981’’ for ‘‘during the five years beginning July 1, 1973, and ending June 30, 1978’’. 1976—Subsec. (d). Pub. L. 94–581 substituted ‘‘approval by the Administrator’’ for ‘‘approved by him’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–581 effective Oct. 21, 1976, see section 211 of Pub. L. 94–581, set out as a note under section 111 of this title. EFFECTIVE DATE Section effective July 1, 1973, see section 501 of Pub. L. 93–82, set out as an Effective Date of 1973 Amend- ment note under section 1701 of this title. SAVINGS PROVISION Pub. L. 93–82, title I, § 107(c), Aug. 2, 1973, 87 Stat. 186, provided that section 107(a) of Pub. L. 93–82, enacting this section and section 631 [now 1731] of this title, did not affect any right, cause, obligation, contract (in- cluding the contract executed Apr. 25, 1967, between the Government of the Republic of the Philippines and the Government of the United States resulting from Pub. L. 89–612, which was to remain in effect until modified or superseded by an agreement executed under author- ity of Pub. L. 93–82), authorization of appropriation, grant, function, power, or duty vested by law or other- wise under this section in effect on the day before Aug. 2, 1973. RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS IN CARRYING OUT THIS SECTION Pub. L. 102–86, title III, § 304(b), Aug. 14, 1991, 105 Stat. 416, provided that: ‘‘Any actions by the Secretary of Veterans Affairs in carrying out the provisions of sec- tion 632 [now 1732] of title 38, United States Code, by contract or otherwise, during the period beginning on October 1, 1990, and ending on the date of the enact- ment of this Act [Aug. 14, 1991] are hereby ratified.’’ RATIFICATION OF ACTION OF ADMINISTRATOR IN CONTRACTING Pub. L. 99–576, title II, § 206(a)(2), Oct. 28, 1986, 100 Stat. 3256, ratified actions by the Administrator of Vet- erans’ Affairs in contracting under subsec. (a) of this section with respect to the period beginning Oct. 1, 1986, and ending Oct. 28, 1986. REPORTS ON USE OF FUNDS Pub. L. 99–576, title II, § 206(b), Oct. 28, 1986, 100 Stat. 3256, directed Administrator of Veterans’ Affairs, not later than Feb. 1, 1987, 1988, and 1989, to submit to Con- gress a report describing use of funds provided to Re- public of the Philippines under subsec. (b) of this sec- tion during the preceding fiscal year. § 1733. Supervision of program by the President The President, or any officer of the United States to whom the President may delegate au- thority under this section, may from time to time prescribe such rules and regulations and impose such conditions on the receipt of finan- cial aid as may be necessary to carry out this subchapter. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 633; Pub. L. 94–581, title II, § 210(a)(15), Oct. 21, 1976,