I

103D CONGRESS

1ST SESSION H. R. 1791

To restore reductions in veterans benefits made by the Omnibus Budget

Reconciliation Act of 1990.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1993

Mr. SANDERS (for himself, Mr. RAHALL, Mr. TOWNS, Mr. RANGEL, and Mr.

WILLIAMS) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To restore reductions in veterans benefits made by the

Omnibus Budget Reconciliation Act of 1990.

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

3 SECTION 1. RESTORATION OF PRESUMPTION OF TOTAL

4 DISABILITY IN DETERMINATION OF PENSION

5 FOR CERTAIN VETERANS.

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

7 amended by striking out ‘‘if such’’ and all that follows

8 through ‘‘is suffering’’ and inserting in lieu thereof ‘‘if

9 such person is 65 years of age or older or becomes unem10 ployable after age 65, or is suffering’’.
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1 SEC. 2. RESTORATION OF PENSION AMOUNT FOR CERTAIN

2 VETERANS RECEIVING MEDICAID-COVERED

3 NURSING HOME CARE.

4 Section 5503 of title 38, United States Code, is

5 amended by striking out subsection (f).

6 SEC. 3. RESTORATION OF RIGHTS OF CERTAIN SURVIVORS

7 FOR REINSTATEMENT OF BENEFITS ELIGI8 BILITY UPON BECOMING SINGLE.

9 Section 103 of title 38, United States Code, is

10 amended—

11 (1) in subsection (d)—

12 (A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

13 (B) by adding at the end the following:

14 ‘‘(2) The remarriage of the surviving spouse of a vet15 eran shall not bar the furnishing of benefits to such person

16 as the surviving spouse of the veteran if the remarriage

17 has been terminated by death or has been dissolved by

18 a court with basic authority to render divorce decrees un19 less the Secretary determines that the divorce was secured

20 through fraud by the surviving spouse or collusion.

21 ‘‘(3) If a surviving spouse ceases living with another

22 person and holding himself or herself out openly to the

23 public as that person’s spouse, the bar to granting that

24 person benefits as the surviving spouse of the veteran shall

25 not apply.’’; and

26 (2) in subsection (e)—
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1 (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and

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

3 ‘‘(2) The marriage of a child of a veteran shall not

4 bar the recognition of such child as the child of the veteran

5 for benefit purposes if the marriage has been terminated

6 by death or has been dissolved by a court, with basic au7 thority to render divorce decrees unless the Secretary de8 termines that the divorce was secured through fraud by

9 either party or collusion.’’.

10 SEC. 4. RESTORATION OF MEDICATION BENEFIT WITHOUT

11 COPAYMENT.

12 (a) REPEAL.—Section 1722A of title 38, United

13 States Code, is repealed.

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

15 at the beginning of chapter 17 of such title is amended

16 by striking out the item relating to section 1722A.

17 SEC. 5. RESTORATION OF HEALTH-CARE CATEGORIES AND

18 COPAYMENTS.

19 (a) INPATIENT CARE.—(1) Subsection (a) of section

20 1710 of title 38, United States Code, is amended—

21 (A) in paragraph (1)(I) by striking ‘‘1722(a)’’

22 and inserting in lieu thereof ‘‘1722(a)(1)’’; and

23 (B) by striking out paragraph (2) and inserting

24 in lieu thereof the following:
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1 ‘‘(2)(A) To the extent that resources and facilities are

2 available, the Secretary may furnish hospital care and

3 nursing home care which the Secretary determines is need4 ed to a veteran for a non-service-connected disability if

5 the veteran has an income level described in section

6 1722(a)(2) of this title.

7 ‘‘(B) In the case of a veteran who is not described

8 in paragraph (1) or in subparagraph (A), the Secretary

9 may furnish hospital care and nursing home care which

10 the Secretary determines is needed to the veteran for a

11 non-service-connected disability—

12 ‘‘(i) to the extent that resources and facilities

13 are otherwise available; and

14 ‘‘(ii) subject to the provisions of subsection

15 (f).’’.

16 (2) Subsection (f) of such section is amended—

17 (A) by striking out paragraphs (1) and (2) and

18 inserting in lieu thereof the following:

19 ‘‘(f)(1) The Secretary may not furnish hospital care

20 or nursing home care under this section to a veteran who

21 is eligible for such care by reason of subsection (a)(2)(B)

22 unless the veteran agrees to pay to the United States the

23 applicable amount determined under paragraph (2) of this

24 subsection.
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1 ‘‘(2) A veteran who is furnished hospital care or nurs2 ing home care under this section and who is required

3 under paragraph (1) to agree to pay an amount to the

4 United States in order to be furnished such care shall be

5 liable to the United States for an amount equal to the

6 lesser of—

7 ‘‘(A) the cost of furnishing such care, as deter8 mined by the Secretary, and

9 ‘‘(B) the amount determined under paragraph

10 (3) of this subsection.’’; and

11 (B) in subparagraphs (A) and (B) of paragraph

12 (3), by striking out ‘‘(2)(A)(ii)’’ each place it ap13 pears and inserting in lieu thereof ‘‘(2)(B)’’.

14 (b) OUTPATIENT CARE.—Subsection (f) of section

15 1712 of such title is amended—

16 (1) in paragraph (1), by striking out

17 ‘‘1710(a)(2)’’ and inserting in lieu thereof

18 ‘‘1710(a)(2)(B)’’;

19 (2) by redesignating paragraphs (3) and (4) as

20 paragraphs (5) and (7), respectively;

21 (3) by inserting after paragraph (2) the follow22 ing:

23 ‘‘(3) A veteran may not be required to make a pay24 ment under this subsection for services furnished under

25 subsection (a) during any 90-day period to the extent that
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1 such payment would cause the total amount paid by the

2 veteran under this subsection for medical services fur3 nished during that period and under section 1710(f) of

4 this title for hospital and nursing home care furnished

5 during that period to exceed the amount of the inpatient

6 Medicare deductible in effect on the first day of such 90-

7 day period.

8 ‘‘(4) A veteran may not be required to make a pay9 ment under this subsection if such payment would result

10 in the veteran paying, under this subsection and section

11 1710(f) of this title, a total amount greater than four

12 times the amount of the inpatient Medicare deductible for

13 care or services, or any combination thereof, furnished

14 under this chapter during any 365-calendar day period.’’;

15 and

16 (4) by inserting after paragraph (5), as so re17 designated, the following:

18 ‘‘(6) For the purposes of this subsection, the term

19 ‘‘inpatient Medicare deductible’’ means the amount of the

20 inpatient hospital deductible in effect under section

21 1813(b) of the Social Security Act (42 U.S.C.

22 1395e(b)).’’.

23 (c) INCOME THRESHOLDS.—(1) Subsection (a) of

24 section 1722 of such title is amended—

25 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
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1 (B) by redesignating paragraphs (1), (2), and

2 (3) as subparagraphs (A), (B), and (C), respectively;

3 (C) by striking out ‘‘amount set forth in sub4 section (b)’’ in subparagraph (C), as so redesig5 nated, and inserting in lieu thereof ‘‘Category A

6 threshold’’; and

7 (D) by adding at the end the following:

8 ‘‘(2) For the purposes of section 1710(a)(2)(A) of

9 this title, a veteran’s income level is described in this para10 graph if the veteran’s attributable income is not greater

11 than the Category B threshold.’’.

12 (2) Subsection (b) of such section is amended to read

13 as follows:

14 ‘‘(b) For the purposes of this section:

15 ‘‘(1) The Category A threshold—

16 ‘‘(A) for the calendar year beginning on

17 January 1, 1989, is—

18 ‘‘(i) $16,466 in the case of a veteran

19 with no dependents; and

20 ‘‘(ii) $19,759 in the case of a veteran

21 with one dependent, plus $1,098 for each

22 additional dependent; and

23 ‘‘(B) for a calendar year beginning after

24 January 1, 1989, is the amount in effect for

25 purposes of this paragraph for the preceding
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1 calendar year as adjusted under subsection (c)

2 of this subsection.

3 ‘‘(2) The Category B threshold—

4 ‘‘(A) for the calendar year beginning on

5 January 1, 1989, is—

6 ‘‘(i) $21,954 in the case of a veteran

7 with no dependents; and

8 ‘‘(ii) $27,440 in the case of a veteran

9 with one dependent, plus $1,098 for each

10 additional dependent; and

11 ‘‘(B) for a calendar year beginning after

12 January 1, 1989, is the amount in effect for

13 purposes of this paragraph for the preceding

14 calendar year as adjusted under subsection (c)

15 of this subsection.’’.

16 (3) Subsection (c) of such section is amended by in17 serting ‘‘paragraphs (1) and (2) of’’ after ‘‘in effect

18 under’’.

19 (4) Paragraph (2) of subsection (d) of such section

20 is amended to read as follows:

21 ‘‘(2) A determination described in this paragraph is

22 a determination—

23 ‘‘(A) that for the purposes of subsection

24 (a)(1)(C) of this section a veteran’s attributable in-
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1 come is not greater than the Category A threshold;

2 or

3 ‘‘(B) that for the purposes of subsection (a)(2)

4 of this section, a veteran’s attributable income is not

5 greater than the Category B threshold.’’.

6 (5) Subsection (e) of such section is amended—

7 (A) in paragraph (1), by striking out ‘‘the

8 amount determined under subsection (b) of this sec9 tion’’ and inserting in lieu thereof ‘‘the Category A

10 threshold or the Category B threshold, as appro11 priate’’; and

12 (B) by striking out paragraph (2) and inserting

13 in lieu thereof the following:

14 ‘‘(2)(A) A veteran is described in this paragraph for

15 the purposes of subsection (a)(1) if—

16 ‘‘(i) the veteran has an attributable income

17 greater than the Category A threshold; and

18 ‘‘(ii) the current projections of such veteran’s

19 income for the current year are that the veteran’s

20 income for such year will be substantially below such

21 threshold.

22 ‘‘(B) A veteran is described in this paragraph for the

23 purpose of subsection (a)(2) of this section if—

24 ‘‘(i) the veteran has an attributable income

25 greater than the Category B threshold; and
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1 ‘‘(ii) the current projections of such veteran’s

2 income for the current year are that the veteran’s

3 income for such year will be substantially below such

4 threshold.’’.

5 SEC. 6. RESTORATION OF EDUCATION BENEFITS.

6 Section 3102(1) of title 38, United States Code, is

7 amended by striking out ‘‘at a rate of 20 percent or more’’

8 after ‘‘compensable’’ each place it appears.

9 SEC. 7. RESTORATION OF BURIAL AND GRAVE MARKER

10 BENEFITS.

11 (a) HEADSTONE ALLOWANCE.—Section 2306 of title

12 38, United States Code, is amended by adding at the end

13 the following:

14 ‘‘(e) In lieu of furnishing a headstone or marker

15 under subsection (a)(2) or (b), the Secretary, in the Sec16 retary’s discretion, having due regard for the cir17 cumstances in each case, may reimburse the person enti18 tled to request such headstone or marker for the cost of

19 acquiring a non-Government headstone or marker for

20 placement in any cemetery other than a national cemetery

21 in connection with the burial or memorialization of the de22 ceased individual. The cost referred to in the preceding

23 sentence is the cost actually incurred by or on behalf of

24 such person or the cost prepaid by the deceased individual

25 as the case may be. Reimbursement under this subsection
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1 may be made only upon the request of the person entitled

2 to request the headstone or marker and may not be made

3 in an amount in excess of the average actual cost, as deter4 mined by the Secretary, of headstones and markers fur5 nished under subsections (a) and (b).’’.

6 (b) PLOT ALLOWANCE.—Section 2303(b)(2) of such

7 title is amended by striking out ‘‘(other than’’ and all that

8 follows through ‘‘any war)’’.

9 SEC. 8. RESTORATION OF CRITERIA FOR LINE-OF-DUTY

10 AND MISCONDUCT DETERMINATIONS.

11 Sections 105(a), 1110, and 1131 of title 38, United

12 States Code, are each amended by striking out ‘‘a result

13 of the person’s own willful misconduct or abuse of alcohol

14 or drugs’’ and inserting in lieu thereof ‘‘the result of the

15 person’s own willful misconduct’’.

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