
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC1732]

 
                      TITLE 38--VETERANS' BENEFITS
 
                        PART II--GENERAL BENEFITS
 
    CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
 
 SUBCHAPTER IV--HOSPITAL CARE AND MEDICAL TREATMENT FOR VETERANS IN THE 
                       REPUBLIC OF THE PHILIPPINES
 
Sec. 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 Veterans Memorial Medical Center, with the approval 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 veterans at a per diem rate to be jointly determined 
    for each fiscal year by the two Governments to be fair and 
    reasonable; and
        (2) may provide that payments for such hospital care and medical 
    services provided to eligible United States veterans may consist in 
    whole or in part of available medicines, medical 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 medicines, 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 Veterans Memorial Medical Center, there is 
authorized to be appropriated for each fiscal year during 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 reasonable notice as stipulated by the contract or 
grant if the Republic of the Philippines and the Veterans Memorial 
Medical Center do not maintain 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, Sec. 107(a), Aug. 2, 1973, 87 Stat. 184, 
Sec. 632; amended Pub. L. 94-581, title II, Sec. 210(a)(14), Oct. 21, 
1976, 90 Stat. 2863; Pub. L. 95-520, Sec. 3(b), Oct. 26, 1978, 92 Stat. 
1820; Pub. L. 97-72, title I, Sec. 107(c)(1), Nov. 3, 1981, 95 Stat. 
1052; Pub. L. 99-576, title II, Sec. 206(a)(1), Oct. 28, 1986, 100 Stat. 
3256; Pub. L. 100-687, div. B, title XV, Sec. 1502(a), (b), Nov. 18, 
1988, 102 Stat. 4132; Pub. L. 102-40, title IV, Sec. 402(d)(1), May 7, 
1991, 105 Stat. 239; renumbered Sec. 1732 and amended Pub. L. 102-83, 
Secs. 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, Sec. 304(a), Aug. 14, 1991, 
105 Stat. 416; Pub. L. 102-585, title V, Sec. 503, Nov. 4, 1992, 106 
Stat. 4955.)


                            Prior Provisions

    Prior section 1732 was renumbered section 3532 of this title.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-585 substituted ``September 30, 
1994'' for ``September 30, 1992''.
    1991--Pub. L. 102-83, Sec. 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, Sec. 5, by 
substituting ``1992'' for ``1990''.
    Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted ``Secretary'' for 
``Administrator'' wherever appearing.
    Subsec. (a)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``1724'' 
for ``624''.
    Subsec. (a)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted ``8121'' 
for ``5021''.
    Subsec. (b)(1), (2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    Subsec. (b)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration''.
    Subsecs. (c), (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), 
substituted ``Secretary'' for ``Administrator'' wherever appearing.
    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 
Philippines, 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 eligible 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 medicines, 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 jointly 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 upgrade equipment and 
rehabilitate the Center's physical plant, third by continuing the 
Administrator's authority 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, Sec. 3(b)(1), (2), substituted 
``Veterans Memorial Medical Center'' for ``Veterans Memorial Hospital'' 
in introductory text and pars. (1), (2), (5), and (7), and in 
introductory text, substituted ``enter into contracts'' for ``enter into 
a contract'' and ``September 30, 1981'' for ``June 30, 1978''.
    Subsec. (b). Pub. L. 95-520, Sec. 3(b)(3), substituted ``October 1, 
1981'' for ``July 1, 1978''.
    Subsec. (c). Pub. L. 95-520, Sec. 3(b)(1), substituted ``Veterans 
Memorial Medical Center'' for ``Veterans Memorial Hospital''.
    Subsec. (d). Pub. L. 95-520, Sec. 3(b)(1), (4), substituted 
``Veterans Memorial Medical Center'' for ``Veterans Memorial Hospital'' 
in three places and ``occurring during the period beginning July 1, 
1973, and ending September 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''.


                    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 Amendment note under section 1701 
of this title.


                            Savings Provision

    Section 107(c) of Pub. L. 93-82 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 (including 
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 authority of Pub. 
L. 93-82), authorization of appropriation, grant, function, power, or 
duty vested by law or otherwise 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

    Section 304(b) of Pub. L. 102-86 provided that: ``Any actions by the 
Secretary of Veterans Affairs in carrying out the provisions of section 
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 enactment of this Act [Aug. 14, 1991] are hereby 
ratified.''


         Ratification of Action of Administrator in Contracting

    Section 206(a)(2) of Pub. L. 99-576 ratified actions by the 
Administrator of Veterans' 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

    Section 206(b) of Pub. L. 99-576 directed Administrator of Veterans' 
Affairs, not later than Feb. 1, 1987, 1988, and 1989, to submit to 
Congress a report describing use of funds provided to Republic of the 
Philippines under subsec. (b) of this section during the preceding 
fiscal year.

                  Section Referred to in Other Sections

    This section is referred to in section 1703 of this title.
