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 Com-
mittee on Veterans’ Affairs
A BILL
To restore reductions in veterans benefits made by the
Omnibus Budget Reconciliation Act of 1990.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RESTORATION OF PRESUMPTION OF TOTAL
DISABILITY IN DETERMINATION OF PENSION
FOR CERTAIN VETERANS.
Section 1502(a) of title 38, United States Code, is
amended by striking out ‘‘if such’’ and all that follows
through ‘‘is suffering’’ and inserting in lieu thereof ‘‘if
such person is 65 years of age or older or becomes unem-
ployable after age 65, or is suffering’’.
SEC. 2. RESTORATION OF PENSION AMOUNT FOR CERTAIN
VETERANS RECEIVING MEDICAID-COVERED
NURSING HOME CARE.
Section 5503 of title 38, United States Code, is
amended by striking out subsection (f).
SEC. 3. RESTORATION OF RIGHTS OF CERTAIN SURVIVORS
FOR REINSTATEMENT OF BENEFITS ELIGI-
BILITY UPON BECOMING SINGLE.
Section 103 of title 38, United States Code, is
amended—
(1) in subsection (d)—
(A) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(B) by adding at the end the following:
‘‘(2) The remarriage of the surviving spouse of a vet-
eran shall not bar the furnishing of benefits to such person
as the surviving spouse of the veteran if the remarriage
has been terminated by death or has been dissolved by
a court with basic authority to render divorce decrees un-
less the Secretary determines that the divorce was secured
through fraud by the surviving spouse or collusion.
‘‘(3) If a surviving spouse ceases living with another
person and holding himself or herself out openly to the
public as that person’s spouse, the bar to granting that
person benefits as the surviving spouse of the veteran shall
not apply.’’; and
(2) in subsection (e)—
(A) by inserting ‘‘(1)’’ after ‘‘(e)’’; and
(B) by adding at the end the following:
‘‘(2) The marriage of a child of a veteran shall not
bar the recognition of such child as the child of the veteran
for benefit purposes if the marriage has been terminated
by death or has been dissolved by a court, with basic au-
thority to render divorce decrees unless the Secretary de-
termines that the divorce was secured through fraud by
either party or collusion.’’.
SEC. 4. RESTORATION OF MEDICATION BENEFIT WITHOUT
COPAYMENT.
(a) REPEAL.—Section 1722A of title 38, United
States Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 17 of such title is amended
by striking out the item relating to section 1722A.
SEC. 5. RESTORATION OF HEALTH-CARE CATEGORIES AND
COPAYMENTS.
(a) INPATIENT CARE.—(1) Subsection (a) of section
1710 of title 38, United States Code, is amended—
(A) in paragraph (1)(I) by striking ‘‘1722(a)’’
and inserting in lieu thereof ‘‘1722(a)(1)’’; and
(B) by striking out paragraph (2) and inserting
in lieu thereof the following:
‘‘(2)(A) To the extent that resources and facilities are
available, the Secretary may furnish hospital care and
nursing home care which the Secretary determines is need-
ed to a veteran for a non-service-connected disability if
the veteran has an income level described in section
1722(a)(2) of this title.
‘‘(B) In the case of a veteran who is not described
in paragraph (1) or in subparagraph (A), the Secretary
may furnish hospital care and nursing home care which
the Secretary determines is needed to the veteran for a
non-service-connected disability—
‘‘(i) to the extent that resources and facilities
are otherwise available; and
‘‘(ii) subject to the provisions of subsection
(f).’’.
(2) Subsection (f) of such section is amended—
(A) by striking out paragraphs (1) and (2) and
inserting in lieu thereof the following:
‘‘(f)(1) The Secretary may not furnish hospital care
or nursing home care under this section to a veteran who
is eligible for such care by reason of subsection (a)(2)(B)
unless the veteran agrees to pay to the United States the
applicable amount determined under paragraph (2) of this
subsection.
‘‘(2) A veteran who is furnished hospital care or nurs-
ing home care under this section and who is required
under paragraph (1) to agree to pay an amount to the
United States in order to be furnished such care shall be
liable to the United States for an amount equal to the
lesser of—
‘‘(A) the cost of furnishing such care, as deter-
mined by the Secretary, and
‘‘(B) the amount determined under paragraph
(3) of this subsection.’’; and
(B) in subparagraphs (A) and (B) of paragraph
(3), by striking out ‘‘(2)(A)(ii)’’ each place it ap-
pears and inserting in lieu thereof ‘‘(2)(B)’’.
(b) OUTPATIENT CARE.—Subsection (f) of section
1712 of such title is amended—
(1) 
in 
paragraph 
(1), 
by 
striking 
out
‘‘1710(a)(2)’’ 
and 
inserting 
in 
lieu 
thereof
‘‘1710(a)(2)(B)’’;
(2) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (7), respectively;
(3) by inserting after paragraph (2) the follow-
ing:
‘‘(3) A veteran may not be required to make a pay-
ment under this subsection for services furnished under
subsection (a) during any 90-day period to the extent that
such payment would cause the total amount paid by the
veteran under this subsection for medical services fur-
nished during that period and under section 1710(f) of
this title for hospital and nursing home care furnished
during that period to exceed the amount of the inpatient
Medicare deductible in effect on the first day of such 90-
day period.
‘‘(4) A veteran may not be required to make a pay-
ment under this subsection if such payment would result
in the veteran paying, under this subsection and section
1710(f) of this title, a total amount greater than four
times the amount of the inpatient Medicare deductible for
care or services, or any combination thereof, furnished
under this chapter during any 365-calendar day period.’’;
and
(4) by inserting after paragraph (5), as so re-
designated, the following:
‘‘(6) For the purposes of this subsection, the term
‘‘inpatient Medicare deductible’’ means the amount of the
inpatient hospital deductible in effect under section
1813(b) of the Social Security Act (42 U.S.C.
1395e(b)).’’.
(c) INCOME THRESHOLDS.—(1) Subsection (a) of
section 1722 of such title is amended—
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’;