[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Proposed Rules]
[Pages 1841-1842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-493]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AM03


Eligibility for Health Care Benefits for Certain Filipino 
Veterans in the United States

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: Department of Veterans Affairs (VA) medical regulations 
describe veterans who are eligible to receive health care from VA in 
the United States. We are proposing to amend these regulations to 
include any Filipino Commonwealth Army veteran who was recognized by 
authority of the U.S. Army as belonging to organized Filipino guerilla 
forces or new Philippine Scouts, if such veteran or scout resides in 
the U.S., and is a citizen or lawfully admitted to the United States 
for permanent residence. Under this proposal these certain veterans 
would be eligible for VA hospital care, nursing home care, and 
outpatient medical services in the United States in the same manner and 
subject to the same terms and conditions as apply to U.S. veterans. 
This proposal would allow those veterans to receive health care from 
VA.

DATES: Comments must be received on or before March 14, 2005.

ADDRESSES: Written comments may be submitted by: mail or hand-delivery 
to Director, Regulations Management (00REG1), Department of Veterans 
Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; or fax 
to (202) 273-9026; e-mail to [email protected]; or, through 
http://www.Regulations.gov. Comments should indicate that they are 
submitted in response to ``RIN 2900-AM03.'' All comments received will 
be available for public inspection in the Office of Regulation Policy 
and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 273-9515 for 
an appointment.

FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Deputy Director of 
Business Policy, Chief Business Office (163), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 254-0406. (This is not a toll free 
number.)

SUPPLEMENTARY INFORMATION: On December 6, 2003, Public Law 108-170, the 
Veterans Health Care, Capital Asset, and Business Improvement Act of 
2003, was enacted authorizing VA to provide hospital care, nursing home 
care, and outpatient medical services to certain Filipino veterans in 
the same manner and subject to the same terms and conditions as apply 
to U.S. veterans. Verification of service is usually demonstrated 
through issuance of an official ``Certification of Military Service'' 
or other acceptable documents demonstrating service under commanders 
appointed, designated, or subsequently recognized by the Commander-in-
Chief, Southwest Pacific Area, other competent authority in the Army of 
the United States or service department and who were discharged or 
released from service under conditions other than dishonorable (see 38 
CFR 3.1(y), 3.40 and 3.203).
    These ``certain Filipino veterans'' are Commonwealth Army veterans, 
including those who were recognized by authority of the U.S. Army as 
belonging to organized Filipino guerilla forces, and new Philippine 
Scouts. These veterans must reside in the U.S., and be a citizen, or 
lawfully admitted to the United States for permanent residence.
    Commonwealth Army Veterans, including those who were recognized by 
authority of the U.S. Army as belonging to organized Filipino guerilla 
forces, and new Philippine Scouts are not currently eligible for VA 
care in the United States if they do not meet the residency and 
citizenship requirements. This rule proposes to amend VA medical 
regulation 38 CFR 17.39 to include Filipino Commonwealth Army veterans, 
including those who were recognized by authority of the U.S. Army as 
belonging to organized Filipino guerilla forces, and new Philippine 
Scouts who reside in the U.S. and who are citizens, or lawfully 
admitted to the United States for permanent residence as persons who 
are eligible for VA health care benefits within the United States on 
the same basis as U.S. veterans. This proposed rule also establishes 
requirements for proof of citizenship or lawful permanent residency 
status that veterans must provide in order to be eligible for VA health 
care benefits.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any given year. This proposed rule would have 
no such effect on State, local, or tribal governments, or the private 
sector.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), a 
collection of information is set forth in proposed 38 CFR 17.39. 
Accordingly, under section 3507(d) of the Act, VA has submitted a copy 
of this rulemaking action to the Office of Management and Budget (OMB) 
for its review of the proposed collection of information.
    OMB assigns a control number for each collection of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number.
    Comments on the proposed collections of information should be 
submitted to the Office of Management and Budget, Attention: Desk 
Officer for the Department of Veterans Affairs, Office of Information 
and Regulatory Affairs, Washington, DC 20503, with copies mailed or 
hand-delivered to: Director, Regulations Management (00REG1), 
Department of Veterans Affairs, 810 Vermont Ave., NW., Room 1068, 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``RIN 2900-AM03.''
    Title: Eligibility for Health Care Benefits for Certain Filipino 
Veterans.
    Summary of Collection of Information: Under proposed Sec.  17.39, 
Filipino veterans who reside in the U.S., and who are citizens, or 
lawfully admitted for permanent residence can be enrolled into the VA 
healthcare system and receive medical care from VA. VA is revising the 
currently approved collection of information entitled ``Application and 
Renewal for Health Benefits'', OMB number 2900-0091 to include Filipino 
veterans eligible under this rule.
    Description of the need for information and proposed use of 
information: The information is needed to establish eligibility and 
priority group

[[Page 1842]]

and for purposes of enrollment into the VA healthcare system.
    Description of likely respondents: Veterans who are eligible to 
receive health care from VA including Filipino veterans eligible under 
this rule.
    Estimated number of respondents: 1,900,000 revised to 1,904,940.
    Estimated frequency of responses: 1.
    Estimated annual burden per collection: 45 minutes for the 10-10EZ, 
20 minutes for the 10-10EZR.
    Estimated total annual reporting and record keeping burden: 
1,005,000 current revised to 1,008,180 hours.
    The Department considers comments by the public on proposed 
collections of information in--
     Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collections of information on 
those who are to respond, including responses through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.

Executive Order 12866

    This document has been reviewed by the Office of Management and 
Budget under Executive Order 12866.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed regulatory 
amendment will not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 601-612. This proposed amendment would 
not directly affect any small entities. Only individuals could be 
directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this 
proposed amendment is exempt from the initial and final regulatory 
flexibility analysis requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this document are 64.005, 64.007, 64.008, 64.009, 64.010, 
64.011, 64.012, 64.013, 64.014, 64.015, 64.016, 64.018, 64.019, 64.022, 
and 64.025.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs-health, Grant programs-veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing homes, Philippines, Reporting 
and recordkeeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

    Approved: October 7, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, we propose to amend 38 CFR 
part 17, as set forth below:

PART 17--MEDICAL

    1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.

    2. Revise Sec.  17.39 to read as follows:


Sec.  17.39  Certain Filipino veterans.

    (a) Any Filipino Commonwealth Army veteran, including one who was 
recognized by authority of the U.S. Army as belonging to organized 
Filipino guerilla forces, or any new Philippine Scout is eligible for 
hospital care, nursing home care, and outpatient medical services 
within the United States in the same manner and subject to the same 
terms and conditions as apply to U.S. veterans, if such veteran or 
scout resides in the United States and is a citizen or lawfully 
admitted to the United States for permanent residence. For purposes of 
these VA health care benefits, the standards described in 38 CFR 
3.42(c) will be accepted as proof of U.S. citizenship or lawful 
permanent residence.
    (b) Commonwealth Army Veterans, including those who were recognized 
by authority of the U.S. Army as belonging to organized Filipino 
guerilla forces, and new Philippine Scouts are not eligible for VA 
health care benefits if they do not meet the residency and citizenship 
requirements described in Sec.  3.42(c).

[FR Doc. 05-493 Filed 1-10-05; 8:45 am]
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