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Volume 72 · 201

Public Law 85–461

To authorize modification and extension of the program of grants-in-aid to the Republic of the Philippines for the hospitalization of certain veterans, to restore eligibility for hospital and medical care to certain veterans of the Armed Forces of the United States residing in the Philippines, and for other purposes.

Approved June 18, 1958

Statutory text

AN ACT

To authorize modification and extension of the program of grants-in-aid to the Republic of the Philippines for the hospitalization of certain veterans, to restore eligibility for hospital and medical care to certain veterans of the Armed Forces of the United States residing in the Philippines, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That—

(a)

Section 524 of the Veterans’ Benefits Act of 1957 is amended to read as follows:

“Sec. 524. “hospital care and medical services abroad

(a)

Except as provided in subsections (b) and (c), the Administrator shall not furnish hospital or domiciliary care or medical services outside the continental limits of the United States, or a Territory, Commonwealth, or possession of the United States.

“(b)

The Administrator may furnish necessary hospital care and medical services for any service-connected disability—

“(1)

if incurred during a period of war to any veteran who is a citizen of the United States temporarily sojourning or residing abroad except in the Republic of the Philippines; or

“(2)

whenever incurred, to any otherwise eligible veteran in the Republic of the Philippines.”

“(c)

Within the limits of those facilities of the Veterans Memorial Hospital at Manila, Republic of the Philippines, for which the Administrator may contract, he may furnish necessary hospital care to a veteran of any war for any non-service-connected disability if such veteran is unable to defray the expenses of necessary hospital care. The Administrator may enter into contracts to carry out this section.”

(b)

Section 522 of the Veterans’ Benefits Act of 1957 is amended

38 USC 2522.

by striking out “section 510 (a)(1) and section 510 (b)(2)” and inserting “sections 510 (a)(1),510 (b)(2), and 524 (c)”.

Sec. 2.

(a)

Title V of the Veterans’ Benefits Act of 1957 is amended

71 Stat. 114.

by adding at the end thereof the following new part:

“Part D— Hospital and Medical Care for Commonwealth of the Philippines Army Veterans

“Sec. 531. “grants to the republic of the philippines

The President is authorized to assist the Republic of the Philippines in providing medical care and treatment for Commonwealth Army veterans in need of such care and treatment for service-connected disabilities through grants to reimburse the Republic of the Philippines for expenditures incident to hospital care of Commonwealth Army veterans in need thereof for such disabilities. The total of such grants shall not exceed $1,500,000 for the calendar year 1958, and $1,000,000 for the calendar year 1959. If agreement is reached to modify the plan of assistance as provided for in paragraph (1) of section 532, the total of grants for 1958 up to July 1 may be as much as $1,000,000.

“Sec. 532. “modification of agreement with the republic of the philippines effectuating the act of july 1, 1948

The President, with the concurrence of the Republic of the Philippines, is authorized to modify the agreement between the United States and the Republic of the Philippines respecting hospitals and medical care for Commonwealth Army veterans (63 Stat. 2593) in either or both of the following respects:

“(1)

To provide that in lieu of any grants being made after July 1, 1958, under section 531, the Administrator may enter into a contract with the Veterans Memorial Hospital, with the approval of the appropriate department of the Government of the Republic of the Philippines, under which the United States will pay for hospital care in the Republic of the Philippines of Commonwealth Army veterans determined by the Administrator to need such hospital care for service-connected disabilities. Such contract must be entered into before July 1, 1958, may be for a period of not more than five consecutive fiscal years beginning July 1, 1958, and shall provide for payments for such hospital care at a per diem rate to be jointly determined for each fiscal year by the two Governments to be fair and reasonable; but the total of such payments plus any payments for authorized travel expenses in connection with such hospital care shall not exceed $2,000,000 for any one fiscal year. In addition, such modified agreement may provide that, during the period covered by such contract, medical services for Commonwealth Army veterans determined by the Administrator to be in need thereof for service connected disabilities shall be provided either in Veterans’ Administration facilities, or by contract, or otherwise, by the Administrator in accordance with the conditions and limitations applicable generally to beneficiaries under section 512.

“(2)

To provide for the use by the Republic of the Philippines of beds, equipment, and other facilities of the Veterans Memorial Hospital at Manila, not required for hospital care of Commonwealth Army veterans for service-connected disabilities, for hospital care of other persons in the discretion of the Republic of the Philippines. If such agreement is modified in accordance with this paragraph, such agreement (A) shall specify that priority of admission and retention in such hospital shall be accorded Commonwealth Army veterans needing hospital care for service-connected disabilities, and (B) shall not preclude the use of available facilities in such hospital on a contract basis for hospital care or medical services for persons eligible therefor from the Veterans’ Administration.

In addition, such agreement may provide for the payment of travel

71 Stat. 154.

38 USC 2121.

expenses pursuant to section 2101 for Commonwealth Army veterans in connection with hospital care or medical services furnished them.

“Sec. 533. “supervision of program by the president

The President, or any officer of the United States to whom he may delegate his authority under this section, may from time to time prescribe such rules and regulations and impose such conditions on the receipt of financial aid as may be necessary to carry out this part.

“Sec. 534. “definitions

For the purposes of this part—

“(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 military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, 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.

“(2)

The term ‘service-connected disabilities’ means disabilities determined by the Administrator under laws administered by the Veterans’ Administration to have been incurred in or aggravated by the service described in paragraph (1) in line of duty.”

Sec. 3.

Section 2105 (a) of the Veterans’ Benefits Act of 1957 is amended by inserting immediately after “1941,” the following: “including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States,”.

Sec. 4.

Section 2306 of the Veterans’ Benefits Act of 1957 is

38 USC 2101 note.

amended by inserting “(a)” immediately after “Sec. 2306.” and by adding at the end thereof the following new subsection:

“(b)

The availability and use of appropriations made for the purposes of the Act of July 1, 1948 (62 Stat. 1210; 50 App. U. S. C., secs. 1991–1996), shall not be affected by the repeal of such Act.”

Sec. 5.

The Act of July 1, 1948 (62 Stat. 1210; 50 App. U. S. C.,

Repeal.

secs. 1991–1996), is hereby repealed.

Sec. 6.

The table of contents in the first section of the Veterans’

71 Stat. 85.

Benefits Act of 1957 is amended by inserting immediately below:

the following:

Approved June 18, 1958.

Parsed from the official Statutes at Large USLM XML in 72.xml