I

104TH CONGRESS

2D SESSION H. R. 3248

To amend title 38, United States Code, to revise and improve certain veterans

programs and benefits, to authorize the American Battle Monuments

Commission to enter into arrangements for the repair and long-term

maintenance of war memorials for which the Commission assumes responsibility, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 16, 1996

Mr. EVERETT (for himself and Mr. EVANS) introduced the following bill;

which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to revise and improve

certain veterans programs and benefits, to authorize the

American Battle Monuments Commission to enter into

arrangements for the repair and long-term maintenance

of war memorials for which the Commission assumes

responsibility, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Veterans Programs

5 Amendments of 1996’’.
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1 SEC. 2. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CAR2 CINOMA IS SERVICE-CONNECTED.

3 Section 1112(c)(2) of title 38, United States Code,

4 is amended by adding at the end the following new sub5 paragraph:

6 ‘‘(P) Bronchiolo-alveolar carcinoma.’’.

7 SEC. 3. PRESUMPTION OF PERMANENT AND TOTAL DIS8 ABILITY FOR VETERANS OVER AGE 65 WHO

9 ARE NURSING HOME PATIENTS.

10 Section 1502(a) of title 38, United States Code, is

11 amended by inserting ‘‘is 65 years of age or older and

12 a patient in a nursing home or, regardless of age,’’ after

13 ‘‘such a person’’.

14 SEC. 4. PILOT PROGRAM FOR USE OF CONTRACT PHYSI15 CIANS FOR DISABILITY EXAMINATIONS.

16 (a) AUTHORITY.—The Secretary of Veterans Affairs

17 may conduct a pilot program under this section under

18 which examinations with respect to medical disability of

19 applicants for benefits under laws administered by the

20 Secretary that are carried out through the Under Sec21 retary for Benefits may be made by persons other than

22 employees of the Department of Veterans Affairs pursuant

23 to contracts entered into with those persons.

24 (b) LIMITATION.—The Secretary may carry out the

25 pilot program under this section through not more than

26 10 regional offices of the Department of Veterans Affairs.
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1 (c) SOURCE OF FUNDS.—Payments for contracts

2 under the pilot program under this section shall be made

3 from amounts available to the Secretary of Veterans Af4 fairs for payment of examinations of applicants for bene5 fits.

6 (d) REPORT TO CONGRESS.—Not later than three

7 years after the date of the enactment of this Act, the Sec8 retary shall submit to Congress a report on the effect of

9 the use of the authority provided by subsection (a) on the

10 timeliness and thoroughness of medical disability examina11 tions.

12 SEC. 5. INCREASE IN AUTOMOBILE ALLOWANCE.

13 (a) IN GENERAL.—Section 3902(a) of title 38,

14 United States Code, is amended by striking out ‘‘$5,500’’

15 and inserting in lieu thereof ‘‘$6,000’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply with respect to purchases of

18 automobiles and other conveyances on or after the date

19 of the enactment of this Act.

20 SEC. 6. EFFECTIVE DATE OF DISCONTINUANCE OF CER21 TAIN VETERANS’ BENEFITS BY REASON OF

22 DEATH OF RECIPIENT.

23 (a) IN GENERAL.—Section 5112(b)(1) of title 38,

24 United States Code, is amended to read as follows:

25 ‘‘(1) by reason of—
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1 ‘‘(A) the marriage or remarriage of the

2 payee, shall be the last day of the month before

3 the month during which such marriage or re4 marriage occurs; and

5 ‘‘(B) the death of the payee, shall be (i)

6 the last day of the month before the month dur7 ing which the death occurs, or (ii) in the case

8 of a payee who was in receipt of compensation

9 or pension and who has a surviving spouse, the

10 date on which the death occurs;’’.

11 (b) PAYMENT OF BENEFIT FOR FINAL MONTH.—

12 Section 5112 of such title is further amended by adding

13 at the end the following new subsection:

14 ‘‘(d) In the case of discontinuance of payment of com15 pensation or pension covered by subsection (b)(1)(B)(ii),

16 the payment for the final calendar month (or any portion

17 thereof) for which such benefit is payable shall (notwith18 standing any other provision of law) be payable to the sur19 viving spouse.’’.

20 (c) COMMENCEMENT DATE FOR DIC.—Section

21 5110(d) of such title is amended by adding at the end

22 the following new paragraph:

23 ‘‘(3) Notwithstanding paragraph (1), the effective

24 date of an award of dependency and indemnity compensa25 tion for which application is received within one year from
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1 the date of death shall, in the case of a surviving spouse

2 to whom an amount is payable pursuant to section

3 5111(d) of this title, be the day following the date on

4 which the death occurred.’’.

5 (d) EFFECTIVE DATE.—The amendments made by

6 this section shall apply with respect to the death of com7 pensation and pension recipients occurring after October

8 1, 1998.

9 SEC. 7. INCREASE IN PERIOD FOR WHICH ACCRUED BENE10 FITS PAYABLE.

11 Section 5121(a) of title 38, United States Code, is

12 amended by striking out ‘‘one year’’ in the matter preced13 ing paragraph (1) and inserting in lieu thereof ‘‘two

14 years’’.

15 SEC. 8. LIMITATION ON CLOTHING ALLOWANCE FOR IN16 CARCERATED VETERANS.

17 (a) PRO RATA REDUCTION.—Chapter 53 of title 38,

18 United States Code, is amended by inserting after section

19 5313 the following new section:

20 ‘‘§ 5313A. Limitation on payment of clothing allow21 ance to incarcerated veterans

22 ‘‘In the case of a veteran who is incarcerated in a

23 Federal, State, or local penal institution for a period in

24 excess of 60 days and who is furnished clothing without

25 charge by the institution, the amount of an annual cloth-
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1 ing allowance payable to such veteran under section 1162

2 of this title shall be reduced on a pro rata basis for each

3 day on which the veteran was so incarcerated during the

4 12-month period preceding the date on which payment of

5 the allowance would be due. This section shall be carried

6 out under regulations prescribed by the Secretary.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such chapter is amended by inserting

9 after the item relating to section 5313 the following new

10 item:

‘‘5313A. Limitation on payment of clothing allowance to incarcerated veterans.’’.

11 SEC. 9. REPAIR AND LONG-TERM MAINTENANCE OF WAR

12 MEMORIALS.

13 Section 5(b)(2) of the Act of March 4, 1923 (36

14 U.S.C. 125(b)(2)), is amended—

15 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and

16 (2) by adding at the end the following:

17 ‘‘(B) In assuming responsibility for a war memorial

18 under paragraph (1), the Commission may enter into ar19 rangements with the sponsors of the memorial to provide

20 for the repair or long-term maintenance of the memorial.

21 Any funds transferred to the Commission for the purpose

22 of this subparagraph shall, in lieu of subparagraph (A),

23 be deposited by the Commission in the fund established

24 by paragraph (3).
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1 ‘‘(3)(A) There is established in the Treasury a fund

2 which shall be available to the Commission for expenses

3 for the maintenance and repair of memorials with respect

4 to which the Commission enters into arrangements under

5 paragraph (2)(B). The fund shall consist of (i) amounts

6 deposited, and interest and proceeds credited, under sub7 paragraph (B), and (ii) obligations obtained under sub8 paragraph (C).

9 ‘‘(B) The Commission shall deposit in the fund such

10 amounts from private contributions as may be accepted

11 under paragraph (2)(B). The Secretary of the Treasury

12 shall credit to the fund the interest on, and the proceeds

13 from sale or redemption of, obligations held in the fund.

14 ‘‘(C) The Secretary of the Treasury shall invest any

15 portion of the fund that, as determined by the Commis16 sion, is not required to meet current expenses. Each in17 vestment shall be made in an interest bearing obligation

18 of the United States or an obligation guaranteed as to

19 principal and interest by the United States that, as deter20 mined by the Commission, has a maturity suitable for the

21 fund.’’.

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