HR 366 — Korean American VALOR Act

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

 TITLE 38, UNITED STATES CODE

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PART I--GENERAL PROVISIONS

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CHAPTER 1--GENERAL

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Sec. 109. Benefits for discharged members of allied forces

 (a)(1) In consideration of reciprocal services extended to 
the United States, the Secretary, upon request of the proper 
officials of the government of any nation allied or associated 
with the United States in World War I (except any nation which 
was an enemy of the United States during World War II), or in 
World War II, may furnish to discharged members of the armed 
forces of such government, under agreements requiring 
reimbursement in cash of expenses so incurred, at such rates 
and under such regulations as the Secretary may prescribe, 
medical, surgical, and dental treatment, hospital care, 
transportation and traveling expenses, prosthetic appliances, 
education, training, or similar benefits authorized by the laws 
of such nation for its veterans, and services required in 
extending such benefits. Hospitalization in a Department 
facility shall not be afforded under this section, except in 
emergencies, unless there are available beds surplus to the 
needs of veterans of this country. The Secretary may also pay 
the court costs and other expenses incident to the proceedings 
taken for the commitment of such discharged members who are 
mentally incompetent to institutions for the care or treatment 
of the insane.
 (2) The Secretary, in carrying out the provisions of this 
subsection, may contract for necessary services in private, 
State, and other Government hospitals.
 (3) All amounts received by the Department as reimbursement 
for such services shall be credited to the current 
appropriation of the Department from which expenditures were 
made under this subsection.
 (b) Persons who served in the active service in the armed 
forces of any government allied with the United States in World 
War II and who at time of entrance into such active service 
were citizens of the United States shall, by virtue of such 
service, and if otherwise qualified, be entitled to the 
benefits of chapters 31 and 37 of this title in the same manner 
and to the same extent as veterans of World War II are 
entitled. No such benefit shall be extended to any person who 
is not a resident of the United States at the time of filing 
claim, or to any person who has applied for and received the 
same or any similar benefit from the government in whose armed 
forces such person served.
 (c)(1) Any person who served during World War I or World War 
II as a member of any armed force of the Government of 
Czechoslovakia or Poland and participated while so serving in 
armed conflict with an enemy of the United States and has been 
a citizen of the United States for at least ten years shall, by 
virtue of such service, and upon satisfactory evidence thereof, 
be entitled to hospital and domiciliary care and medical 
services within the United States under chapter 17 of this 
title to the same extent as if such service had been performed 
in the Armed Forces of the United States unless such person is 
entitled to, or would, upon application thereof, be entitled 
to, payment for equivalent care and services under a program 
established by the foreign government concerned for persons who 
served in its armed forces in World War I or World War II.
 (2) In order to assist the Secretary in making a 
determination of proper service eligibility under this 
subsection, each applicant for the benefits thereof shall 
furnish an authenticated certification from the French Ministry 
of Defense or the British War Office as to records in either 
such Office which clearly indicate military service of the 
applicant in the Czechoslovakian or Polish armed forces and 
subsequent service in or with the armed forces of France or 
Great Britain during the period of World War I or World War II.
 (d)(1) Any person described in paragraph (2) is eligible for 
the benefits specified in subsection (a) to the same extent and 
under the same conditions (including with respect to applicable 
reciprocity requirements) as a discharged member of the armed 
forces of a government specified in such subsection who is 
eligible for such benefits under such subsection.
 (2) A person described in this paragraph is a person whom the 
Secretary determines served in Vietnam as a member of the armed 
forces of the Republic of Korea at any time during the period 
beginning on January 9, 1962, and ending on May 7, 1975, or 
such other period as determined appropriate by the Secretary 
for purposes of this subsection.

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