38 U.S.C. § 1733 — Supervision of program by the President

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, 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