38 U.S.C. § 1735 — Definitions

Page 471 TITLE 38—VETERANS’ BENEFITS § 1735 90 Stat. 2863; renumbered § 1733, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes PRIOR PROVISIONS Prior section 1733 was renumbered section 3533 of this title. Another prior section 1733, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1198, as amended by Pub. L. 91–219, title II, § 206(b), Mar. 26, 1970, 84 Stat. 82; Pub. L. 91–584, § 12, Dec. 24, 1970, 84 Stat. 1577, related to measurement of courses, prior to the general amendment of this section by Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084. See section 3688 of this title. AMENDMENTS 1991—Pub. L. 102–83 renumbered section 633 of this title as this section. 1976—Pub. L. 94–581 substituted ‘‘the President’’ for ‘‘he’’ and struck out ‘‘his’’ before ‘‘authority’’. 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. Executive Documents EX. ORD. NO. 11762. DELEGATION OF AUTHORITY TO AD- MINISTRATOR OF VETERANS’ AFFAIRS RELATING TO GRANTS-IN-AID TO REPUBLIC OF THE PHILIPPINES FOR MEDICAL CARE AND TREATMENT OF VETERANS Ex. Ord. No. 11762, Jan. 17, 1974, 39 F.R. 2347, provided: By virtue of the authority vested in me by section 633 [now 1733] of title 38 and by section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: SECTION 1. (a) Subject to the provisions of subsections (b) and (c) of this section, the Administrator of Vet- erans’ Affairs is hereby designated and empowered to exercise, without the approval, ratification, or other action of the President, the authority vested in the President by sections 631, 632, 633, and 634 [now 1731, 1732, 1733, and 1734] of title 38 of the United States Code, as amended by section 107(a) of the Veterans Health Care Expansion Act of 1973 (Public Law 93–82; Stat. 184). (b) The Secretary of State shall negotiate the agree- ment, and any modifications thereby with the Republic of the Philippines required by the provisions of sections 631, 632, 633, and 634 [now 1731, 1732, 1733, and 1734] of title 38 of the United States Code. (c) All rules and regulations prescribed by the Admin- istrator pursuant to the authority delegated to him by this order shall be subject to prior approval by the Di- rector of the Office of Management and Budget. SEC. 2. Nothing in this order shall be construed as modifying or terminating any other authority here- tofore delegated by the President to the Administrator of Veterans’ Affairs. RICHARD NIXON. § 1734. Hospital and nursing home care and med- ical services in the United States (a) The Secretary shall furnish hospital and nursing home care and medical services to any individual described in subsection (b) in the same manner, and subject to the same terms and conditions, as apply to the furnishing of such care and services to individuals who are veterans as defined in section 101(2) of this title. Any disability of an individual described in sub- section (b) that is a service-connected disability for purposes of this subchapter (as provided for under section 1735(2) of this title) shall be con- sidered to be a service-connected disability for purposes of furnishing care and services under the preceding sentence. (b) Subsection (a) applies to any individual who is a Commonwealth Army veteran or new Philippine Scout and who— (1) is residing in the United States; and (2) is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence. (Added Pub. L. 96–22, title I, § 106(a), June 13, 1979, 93 Stat. 53, § 634; renumbered § 1734 and amended Pub. L. 102–83, §§ 4(a)(3), (4), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 106–377, § 1(a)(1) [title V, § 501(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A–57; Pub. L. 108–170, title I, § 103, Dec. 6, 2003, 117 Stat. 2044.) Editorial Notes PRIOR PROVISIONS Prior section 1734 was renumbered section 3534 of this title. Another prior section 1734, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199, as amended by Pub. L. 89–358, § 4(m), Mar. 3, 1966, 80 Stat. 25, related to overcharging of eligi- ble persons by educational institutions, prior to the general amendment of this section by Pub. L. 92–540, title III, § 313, Oct. 24, 1972, 86 Stat. 1084. See section 3690 of this title. AMENDMENTS 2003—Pub. L. 108–170 amended text generally. Prior to amendment, text read as follows: ‘‘(a) The Secretary, within the limits of Department facilities, may furnish hospital and nursing home care and medical services to Commonwealth Army veterans and new Philippine Scouts for the treatment of the service-connected disabilities of such veterans and scouts. ‘‘(b) An individual who is in receipt of benefits under subchapter II or IV of chapter 11 of this title paid by reason of service described in section 107(a) of this title who is residing in the United States and who is a cit- izen of, or an alien lawfully admitted for permanent residence in, the United States shall be eligible for hos- pital and nursing home care and medical services in the same manner as a veteran, and the disease or disability for which such benefits are paid shall be considered to be a service-connected disability for purposes of this chapter.’’ 2000—Pub. L. 106–377 designated existing provisions as subsec. (a) and added subsec. (b). 1991—Pub. L. 102–83, § 5(a), renumbered section 634 of this title as this section. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1979, see section 107 of Pub. L. 96–22, set out as an Effective Date of 1979 Amend- ment note under section 1701 of this title. § 1735. Definitions For the purposes of this subchapter— (1) The term ‘‘Commonwealth Army veterans’’ means persons who served before July 1, 1946, in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces pursuant to the Page 472 TITLE 38—VETERANS’ BENEFITS § 1741 military order of the President dated July 26, 1941, including among such military forces orga- nized guerrilla forces under commanders ap- pointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who were discharged or released from such service under conditions other than dishonorable. The term ‘‘new Phil- ippine Scouts’’ means persons who served in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who were discharged or released from such serv- ice under conditions other than dishonorable. (2) The term ‘‘service-connected disabilities’’ means disabilities determined by the Secretary under laws administered by the Secretary to have been incurred in or aggravated by the serv- ice described in paragraph (1) in line of duty. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 634; Pub. L. 89–612, § 3, Sept. 30, 1966, 80 Stat. 861; re- numbered § 635, Pub. L. 96–22, title I, § 106(a), June 13, 1979, 93 Stat. 53; renumbered § 1735 and amended Pub. L. 102–83, §§ 4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406.) Editorial Notes REFERENCES IN TEXT Section 14 of the Armed Forces Voluntary Recruit- ment Act of 1945, referred to in par. (1), is section 14 of act Oct. 6, 1945, ch. 393, 59 Stat. 543, which enacted sec- tion 637 of former Title 10, Army and Air Force, and was omitted from the Code in the revision and reenact- ment of Title 10, Armed Forces, by act Aug. 10, 1956, ch. 1041, 70A Stat. 1. PRIOR PROVISIONS Prior sections 1735 and 1736 were renumbered sections 3535 and 3536 of this title, respectively. Another prior section 1736, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1199; Pub. L. 88–126, § 3, Sept. 23, 1963, 77 Stat. 162; Pub. L. 89–358, § 4(o), Mar. 3, 1966, 80 Stat. 25, related to discontinuance of the educational assistance allowance by the Administrator, prior to repeal by Pub. L. 92–540, title IV, § 402(2), Oct. 24, 1972, 86 Stat. 1090. See section 3690 of this title. Prior section 1737 was renumbered section 3537 of this title. Another prior section 1737, added Pub. L. 93–508, title III, § 303(a), Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97–35, title XX, § 2005(c), Aug. 13, 1981, 95 Stat. 783, re- lated to entitlement of any eligible person, before Oct. 1, 1981, to an education loan, prior to repeal by Pub. L. 100–689, title I, § 124(a), Nov. 18, 1988, 102 Stat. 4174. Another prior section 1737 was renumbered section 1736 of this title. Prior section 1738, added Pub. L. 95–202, title II, § 201(b), Nov. 23, 1977, 91 Stat. 1437, related to acceler- ated payment of educational assistance allowances, prior to repeal by Pub. L. 100–689, title I, § 124(a), Nov. 18, 1988, 102 Stat. 4174. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 635 of this title as this section. Par. (2). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ before ‘‘under’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. 1966—Par. (1). Pub. L. 89–612 inserted definition of ‘‘new Philippine Scouts’’. SUBCHAPTER V—PAYMENTS TO STATE HOMES § 1741. Criteria for payment (a)(1) Except as provided in section 1745 of this title, the Secretary shall pay each State at the per diem rate of— (A) $8.70 for domiciliary care; and (B) $20.35 for nursing home care and hospital care, for each veteran receiving such care in a State home, if such veteran is eligible for such care under the laws administered by the Secretary. (2) The Secretary may pay each State per diem at a rate determined by the Secretary for each veteran receiving extended care services described in any of paragraphs (4) through (6) of section 1710B(a) of this title under a program ad- ministered by a State home, if such veteran is eligible for such care under laws administered by the Secretary. (b) In no case shall the payments made with respect to any veteran under this section exceed one-half of the cost of the veterans’ care in such State home. (c) Whenever the Secretary makes a deter- mination pursuant to section 1720(a)(2)(A) of this title that the cost of care furnished by the Department in a general hospital under the di- rect jurisdiction of the Secretary has increased, the Secretary may, effective no earlier than the date of such determination, increase the rates paid under subsection (a) of this section by a percentage not greater than the percentage by which the Secretary has determined that such cost of care has increased. (d) Subject to section 1743 of this title, the payment of per diem for care furnished in a State home facility shall commence on the date of the completion of the inspection for recogni- tion of the facility under section 1742(a) of this title if the Secretary determines, as a result of that inspection, that the State home meets the standards described in such section. (e) Payments to States pursuant to this sec- tion shall not be considered a liability of a third party, or otherwise be used to offset or reduce any other payment made to assist veterans. (f) Any State home that requests payment or reimbursement for services provided to a vet- eran under this section shall provide to the Sec- retary such information as the Secretary con- siders necessary to identify each individual vet- eran eligible for payment under such section. (g) In this subchapter, the term ‘‘State’’ means each of the several States and each In- dian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1146, § 641; Pub. L. 86–625, July 12, 1960, 74 Stat. 424; Pub. L. 87–819, § 1, Oct. 15, 1962, 76 Stat. 935; Pub. L. 88–450, § 3(a), Aug. 19, 1964, 78 Stat. 500; Pub. L. 90–432, § 1, July 26, 1968, 82 Stat. 448; Pub. L. 91–178, § 1, Dec. 30, 1969, 83 Stat. 836; Pub. L. 93–82, title IV, § 403(a), Aug. 2, 1973, 87 Stat. 196; Pub. L. 94–417, § 1(a), Sept. 21, 1976, 90 Stat. 1277; Pub. L. 94–581, title II, § 202(o), Oct. 21, 1976, 90 Stat. 2856; Pub. L. 96–151, title I, § 101(b)(1), Dec. 20, 1979, 93 Stat. 1092; Pub. L. 98–160, title I,