Union Calendar No. 328

104TH CONGRESS

2D SESSION H. R. 3673

[Report No. 104–649]

A BILL

To amend title 38, United States Code, to revise

sponsibility, and for other purposes.memorials for which the Commission assumes refor the repair and long-term maintenance of warments Commission to enter into arrangementsfits, to authorize the American Battle Monuand improve certain veterans programs and beneJUNE 27, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 328

104TH CONGRESS

2D SESSION H. R. 3673

[Report No. 104–649]

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

JUNE 19, 1996

Mr. STUMP (for himself, Mr. MONTGOMERY, Mr. EVERETT, Mr. EVANS, Mr.

BUYER, and Mr. FILNER) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

JUNE 27, 1996

Additional sponsors: Mr. SMITH of New Jersey, Mr. HUTCHINSON, Mr. BILIRAKIS, Mr. CLEMENT, Mr. FOX of Pennsylvania, Mr. TEJEDA, Mr.

WELLER, Mr. MASCARA, and Mr. STEARNS

JUNE 27, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

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
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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; REFERENCES TO TITLE 38,

4 UNITED STATES CODE.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Veterans’ Compensation and Readjustment Benefits

7 Amendments of 1996’’.

8 (b) REFERENCES.—Except as otherwise expressly

9 provided, whenever in this Act an amendment is expressed

10 in terms of an amendment to a section or other provision,

11 the reference shall be considered to be made to a section

12 or other provision of title 38, United States Code.

13 TITLE I—VETERANS

14 COMPENSATION BENEFITS

15 SEC. 101. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR

16 CARCINOMA IS SERVICE-CONNECTED.

17 Section 1112(c)(2) is amended by adding at the end

18 the following new subparagraph:

19 ‘‘(P) Bronchiolo-alveolar carcinoma.’’.
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1 SEC. 102. PRESUMPTION OF PERMANENT AND TOTAL DIS2 ABILITY FOR VETERANS OVER AGE 65 WHO

3 ARE NURSING HOME PATIENTS.

4 Section 1502(a) is amended by inserting ‘‘is 65 years

5 of age or older and a patient in a nursing home or, regard6 less of age,’’ after ‘‘such a person’’.

7 SEC. 103. PILOT PROGRAM FOR USE OF CONTRACT PHYSI8 CIANS FOR DISABILITY EXAMINATIONS.

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

10 may conduct a pilot program under this section under

11 which examinations with respect to medical disability of

12 applicants for benefits under laws administered by the

13 Secretary that are carried out through the Under Sec14 retary for Benefits may be made by persons other than

15 employees of the Department of Veterans Affairs pursuant

16 to contracts entered into with those persons.

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

18 pilot program under this section through not more than

19 10 regional offices of the Department of Veterans Affairs.

20 (c) SOURCE OF FUNDS.—Payments for contracts

21 under the pilot program under this section shall be made

22 from amounts available to the Secretary of Veterans Af23 fairs for payment of examinations of applicants for bene24 fits.

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

26 years after the date of the enactment of this Act, the Sec-
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1 retary shall submit to Congress a report on the effect of

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

3 cost, timeliness, and thoroughness of medical disability ex4 aminations.

5 SEC. 104. LIMITATION ON CLOTHING ALLOWANCE FOR IN6 CARCERATED VETERANS.

7 (a) PRO RATA REDUCTION.—Chapter 53 is amended

8 by inserting after section 5313 the following new section:

9 ‘‘§ 5313A. Limitation on payment of clothing allow10 ance to incarcerated veterans

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

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

13 excess of 60 days and who is furnished clothing without

14 charge by the institution, the amount of an annual cloth15 ing allowance payable to such veteran under section 1162

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

17 day on which the veteran was so incarcerated during the

18 12-month period preceding the date on which payment of

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

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

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

22 at the beginning of such chapter is amended by inserting

23 after the item relating to section 5313 the following new

24 item:

‘‘5313A. Limitation on payment of clothing allowance to incarcerated veterans.’’.
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1 SEC. 105. EXTENSION OF VETERANS’ CLAIMS ADJUDICA2 TION COMMISSION.

3 (a) EXTENSION OF TIME FOR SUBMISSION OF FINAL

4 REPORT.—Section 402(e)(2) of the Veterans’ Benefits

5 Improvements Act of 1994 (Public Law 103–446; 108

6 Stat. 4659) is amended by striking out ‘‘Not later than

7 18 months after such date’’ and inserting in lieu thereof

8 ‘‘Not later than December 31, 1996’’.

9 (b) FUNDING.—From amounts appropriated to the

10 Department of Veterans Affairs for each of fiscal years

11 1996 and fiscal year 1997 for the payment of compensa12 tion and pension, the amount of $75,000 is hereby made

13 available for the activities of the Veterans’ Claims Adju14 dication Commission under title IV of the Veterans’ Bene15 fits Improvements Act of 1994 (Public Law 103–446; 108

16 Stat. 4659).

17 TITLE II—EDUCATION AND

18 OTHER READJUSTMENT BEN19 EFITS

20 SEC. 201. PERIOD OF OPERATION FOR APPROVAL.

21 (a) IN GENERAL.—(1) Chapter 36 is amended—

22 (A) by striking out section 3689; and

23 (B) by striking out the item relating to section

24 3689 in the table of sections at the beginning of

25 chapter 36.
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1 (2) Subparagraph (C) of section 3680A(d)(2) is

2 amended by striking out ‘‘3689(b)(6)’’ and inserting in

3 lieu thereof ‘‘3680A(g)’’.

4 (b) DISAPPROVAL OF ENROLLMENT IN CERTAIN

5 COURSES.—Section 3680A is amended by adding after

6 subsection (d) the following new subsections:

7 ‘‘(e) The Secretary shall not approve the enrollment

8 of an eligible veteran in a course not leading to a standard

9 college degree offered by a proprietary profit or propri10 etary nonprofit educational institution when—

11 ‘‘(1) the educational institution has been oper12 ating for less than two years;

13 ‘‘(2) the course is offered at a branch of the

14 educational institution and the branch has been op15 erating for less than two years; or

16 ‘‘(3) following either a change in ownership or

17 a complete move outside its original general locality

18 the educational institution does not retain substan19 tially the same faculty, student body, and courses, as

20 determined in accordance with regulations the Sec21 retary shall prescribe, as before the change in owner22 ship or the move outside the general locality.

23 ‘‘(f) The Secretary shall not approve the enrollment

24 of an eligible veteran in a course as a part of a program

25 of education offered by an educational institution when the
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1 course is provided under contract by another educational

2 institution or entity and—

3 ‘‘(1) the Secretary would be barred under sub4 section (e) from approving the enrollment of an eli5 gible veteran in the course of the educational institu6 tion or entity providing the course under contract; or

7 ‘‘(2) the educational institution or entity provid8 ing the course under contract has not obtained ap9 proval for the course under this chapter.

10 ‘‘(g) Notwithstanding subsections (e) and (f), the

11 Secretary may approve the enrollment of an eligible vet12 eran in a course approved under this chapter if the course

13 is offered by an educational institution under contract

14 with the Department of Defense or the Department of

15 Transportation and is given on or immediately adjacent

16 to a military base, Coast Guard station, National Guard

17 facility, or facility of the Selected Reserve.’’.

18 (c) APPROVAL OF ACCREDITED COURSES.—Sub19 section (b) of section 3675 is amended to read as follows:

20 ‘‘(b) As a condition of approval under this section,

21 the State approving agency must find the following:

22 ‘‘(1) Adequate records, as prescribed by the

23 State approving agency, are kept by the educational

24 institution to show the student’s progress and
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1 grades and that satisfactory standards relating to

2 progress and conduct are enforced.

3 ‘‘(2) The educational institution maintains a

4 written record of the previous education and training

5 of the eligible person or veteran that clearly indi6 cates that appropriate credit has been given by the

7 educational institution for previous education and

8 training, with the training period shortened propor9 tionately.

10 ‘‘(3) The educational institution and its ap11 proved courses meet the criteria of paragraphs (1),

12 (2), and (3) of section 3676(c) of this title.’’.

13 SEC. 202. ELIMINATION OF DISTINCTION BETWEEN OPEN

14 CIRCUIT TV AND INDEPENDENT STUDY.

15 (a) VETERANS’ EDUCATIONAL ASSISTANCE PRO16 GRAM.—Subsection (f) of section 3482 is amended by

17 striking out ‘‘in part’’.

18 (b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL

19 ASSISTANCE.—Section 3523 is amended—

20 (1) in subsection (a)(4), by inserting ‘‘(includ21 ing open circuit television)’’ after ‘‘independent

22 study program’’ the second place it appears; and

23 (2) in subsection (c), by striking out ‘‘radio’’

24 and all that follows through the end and inserting

25 in lieu thereof ‘‘radio.’’.
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1 (c) ADMINISTRATION OF EDUCATIONAL BENE2 FITS.—Subsection (c) of section 3680A is amended by

3 striking out ‘‘radio’’ and all that follows through the end

4 and inserting in lieu thereof ‘‘radio.’’.

5 SEC. 203. MEDICAL QUALIFICATIONS FOR FLIGHT TRAIN6 ING.

7 (a) CHAPTER 30 AND 32 PROGRAMS.—Sections

8 3034(d)(2) and 3241(b)(2) are each amended by inserting

9 before the semicolon at the end the following: ‘‘on the first

10 day of such training and within 60 days after successfully

11 completing such training’’.

12 (b) SELECTED RESERVE.—Paragraph (2) of section

13 16136(c) of title 10, United States Code, is amended by

14 inserting before the semicolon at the end the following:

15 ‘‘on the first day of such training and within 60 days after

16 successfully completing such training’’.

17 SEC. 204. COOPERATIVE PROGRAMS.

18 (a) CHAPTER 30.—Section 3032 of chapter 30 is

19 amended by striking out subsection (d) and redesignating

20 subsections (e) and (f) as subsections (d) and (e), respec21 tively.

22 (b) CHAPTER 32.—Section 3231 of chapter 32 is

23 amended by striking out subsection (d) and redesignating

24 subsections (e) and (f) as subsections (d) and (e), respec25 tively.
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1 (c) CHAPTER 35.—Subsection (b) of section 3532 is

2 amended by striking out ‘‘$327’’ and inserting in lieu

3 thereof ‘‘$404’’.

4 (d) CHAPTER 106.—Section 16131 of title 10, Unit5 ed States Code, is amended—

6 (1) by striking out subsection (e) and redesig7 nating subsections (f), (g), (h), and (i) as sub8 sections (e), (f), (g), and (h), respectively; and

9 (2) in subsection (b)(1), by striking out ‘‘(g)’’

10 and inserting in lieu thereof ‘‘(f)’’.

11 SEC. 205. EXTENSION OF ENHANCED LOAN ASSET SALE

12 AUTHORITY.

13 Paragraph (2) of section 3720(h) is amended by

14 striking out ‘‘December 31, 1996’’ and inserting in lieu

15 thereof ‘‘December 31, 1997’’.

16 SEC. 206. EXTENSION OF AUTHORITY FOR THE HOMELESS

17 VETERANS’ REINTEGRATION PROJECTS.

18 (a) IN GENERAL.—Paragraph (1) of section 738(e)

19 of the Stewart B. McKinney Homeless Assistance Act (42

20 U.S.C. 11448(e)(1)) is amended by adding at the end the

21 following:

22 ‘‘(E) $10,000,000 for fiscal year 1997.

23 ‘‘(F) $10,000,000 for fiscal year 1998.

24 ‘‘(G) $10,000,000 for fiscal year 1999.’’.
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1 (b) REPEAL OF CERTAIN EXTENSION.—Paragraph

2 (2) of section 102(d) of the Act entitled ‘‘An Act to amend

3 title 38, United States Code, to extend the authority of

4 the Secretary of Veterans Affairs to carry out certain pro5 grams and activities, to require certain reports from the

6 Secretary of Veterans Affairs, and for other purposes’’,

7 approved February 13, 1996 (Public Law 104–110; 110

8 Stat. 769), is repealed, and the provisions of section 741

9 of the Stewart B. McKinney Homeless Assistance Act (42

10 U.S.C. 11450) are amended so as to appear as in effect

11 immediately before the enactment of Public Law 104–110.

12 TITLE III—OTHER MATTERS

13 SEC. 301. REPAIR AND LONG-TERM MAINTENANCE OF WAR

14 MEMORIALS.

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

16 U.S.C. 125(b)(2)), is amended—

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

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

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

20 under paragraph (1), the Commission may enter into ar21 rangements with the sponsors of the memorial to provide

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

23 Any funds transferred to the Commission for the purpose

24 of this subparagraph shall, in lieu of subparagraph (A),
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1 be deposited by the Commission in the fund established

2 by paragraph (3).

3 ‘‘(3)(A) There is established in the Treasury a fund

4 which shall be available to the Commission for expenses

5 for the maintenance and repair of memorials with respect

6 to which the Commission enters into arrangements under

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

8 deposited, and interest and proceeds credited, under sub9 paragraph (B), and (ii) obligations obtained under sub10 paragraph (C).

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

12 amounts from private contributions as may be accepted

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

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

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

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

17 portion of the fund that, as determined by the Commis18 sion, is not required to meet current expenses. Each in19 vestment shall be made in an interest bearing obligation

20 of the United States or an obligation guaranteed as to

21 principal and interest by the United States that, as deter22 mined by the Commission, has a maturity suitable for the

23 fund.’’.
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1 SEC. 302. BURIAL BENEFITS FOR CERTAIN VETERANS WHO

2 DIE IN STATE NURSING HOMES.

3 Subsection (a) of section 2303 is amended to read

4 as follows:

5 ‘‘(a)(1) When a veteran dies in a facility described

6 in paragraph (2), the Secretary shall—

7 ‘‘(A) pay the actual cost (not to exceed $300)

8 of the burial and funeral or, within such limits, may

9 make contracts for such services without regard to

10 the laws requiring advertisement for proposals for

11 supplies and services for the Department; and

12 ‘‘(B) when such a death occurs in a State,

13 transport the body to the place of burial in the same

14 or any other State.

15 ‘‘(2) A facility described in this paragraph is—

16 ‘‘(A) a Department facility (as defined in sec17 tion 1701(4) of this title) to which the deceased was

18 properly admitted for hospital, nursing home, or

19 domiciliary care under section 1710 or 1711(a) of

20 this title; or

21 ‘‘(B) an institution at which the deceased vet22 eran was, at the time of death, receiving—

23 ‘‘(i) hospital care in accordance with sec24 tion 1703 of this title;

25 ‘‘(ii) nursing home care under section 1720

26 of this title; or
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1 ‘‘(iii) nursing home care pursuant to pay2 ments made under section 1741 of this title.’’.