38 U.S.C. § 1734 — Hospital and nursing home care and med-

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