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 re-
sponsibility, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Veterans Programs
Amendments of 1996’’.
SEC. 2. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CAR-
CINOMA IS SERVICE-CONNECTED.
Section 1112(c)(2) of title 38, United States Code,
is amended by adding at the end the following new sub-
paragraph:
‘‘(P) Bronchiolo-alveolar carcinoma.’’.
SEC. 3. PRESUMPTION OF PERMANENT AND TOTAL DIS-
ABILITY FOR VETERANS OVER AGE 65 WHO
ARE NURSING HOME PATIENTS.
Section 1502(a) of title 38, United States Code, is
amended by inserting ‘‘is 65 years of age or older and
a patient in a nursing home or, regardless of age,’’ after
‘‘such a person’’.
SEC. 4. PILOT PROGRAM FOR USE OF CONTRACT PHYSI-
CIANS FOR DISABILITY EXAMINATIONS.
(a) AUTHORITY.—The Secretary of Veterans Affairs
may conduct a pilot program under this section under
which examinations with respect to medical disability of
applicants for benefits under laws administered by the
Secretary that are carried out through the Under Sec-
retary for Benefits may be made by persons other than
employees of the Department of Veterans Affairs pursuant
to contracts entered into with those persons.
(b) LIMITATION.—The Secretary may carry out the
pilot program under this section through not more than
10 regional offices of the Department of Veterans Affairs.
(c) SOURCE
OF FUNDS.—Payments for contracts
under the pilot program under this section shall be made
from amounts available to the Secretary of Veterans Af-
fairs for payment of examinations of applicants for bene-
fits.
(d) REPORT TO CONGRESS.—Not later than three
years after the date of the enactment of this Act, the Sec-
retary shall submit to Congress a report on the effect of
the use of the authority provided by subsection (a) on the
timeliness and thoroughness of medical disability examina-
tions.
SEC. 5. INCREASE IN AUTOMOBILE ALLOWANCE.
(a) IN GENERAL.—Section 3902(a) of title 38,
United States Code, is amended by striking out ‘‘$5,500’’
and inserting in lieu thereof ‘‘$6,000’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to purchases of
automobiles and other conveyances on or after the date
of the enactment of this Act.
SEC. 6. EFFECTIVE DATE OF DISCONTINUANCE OF CER-
TAIN VETERANS’ BENEFITS BY REASON OF
DEATH OF RECIPIENT.
(a) IN GENERAL.—Section 5112(b)(1) of title 38,
United States Code, is amended to read as follows:
‘‘(1) by reason of—
‘‘(A) the marriage or remarriage of the
payee, shall be the last day of the month before
the month during which such marriage or re-
marriage occurs; and
‘‘(B) the death of the payee, shall be (i)
the last day of the month before the month dur-
ing which the death occurs, or (ii) in the case
of a payee who was in receipt of compensation
or pension and who has a surviving spouse, the
date on which the death occurs;’’.
(b) PAYMENT OF BENEFIT FOR FINAL MONTH.—
Section 5112 of such title is further amended by adding
at the end the following new subsection:
‘‘(d) In the case of discontinuance of payment of com-
pensation or pension covered by subsection (b)(1)(B)(ii),
the payment for the final calendar month (or any portion
thereof) for which such benefit is payable shall (notwith-
standing any other provision of law) be payable to the sur-
viving spouse.’’.
(c) COMMENCEMENT
DATE
FOR
DIC.—Section
5110(d) of such title is amended by adding at the end
the following new paragraph:
‘‘(3) Notwithstanding paragraph (1), the effective
date of an award of dependency and indemnity compensa-
tion for which application is received within one year from
the date of death shall, in the case of a surviving spouse
to whom an amount is payable pursuant to section
5111(d) of this title, be the day following the date on
which the death occurred.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to the death of com-
pensation and pension recipients occurring after October
1, 1998.
SEC. 7. INCREASE IN PERIOD FOR WHICH ACCRUED BENE-
FITS PAYABLE.
Section 5121(a) of title 38, United States Code, is
amended by striking out ‘‘one year’’ in the matter preced-
ing paragraph (1) and inserting in lieu thereof ‘‘two
years’’.
SEC. 8. LIMITATION ON CLOTHING ALLOWANCE FOR IN-
CARCERATED VETERANS.
(a) PRO RATA REDUCTION.—Chapter 53 of title 38,
United States Code, is amended by inserting after section
5313 the following new section:
‘‘§ 5313A. Limitation on payment of clothing allow-
ance to incarcerated veterans
‘‘In the case of a veteran who is incarcerated in a
Federal, State, or local penal institution for a period in
excess of 60 days and who is furnished clothing without
charge by the institution, the amount of an annual cloth-
ing allowance payable to such veteran under section 1162
of this title shall be reduced on a pro rata basis for each
day on which the veteran was so incarcerated during the
12-month period preceding the date on which payment of
the allowance would be due. This section shall be carried
out under regulations prescribed by the Secretary.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 5313 the following new
item:
‘‘5313A. Limitation on payment of clothing allowance to incarcerated veterans.’’.
SEC. 9. REPAIR AND LONG-TERM MAINTENANCE OF WAR
MEMORIALS.
Section 5(b)(2) of the Act of March 4, 1923 (36
U.S.C. 125(b)(2)), is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(2) by adding at the end the following:
‘‘(B) In assuming responsibility for a war memorial
under paragraph (1), the Commission may enter into ar-
rangements with the sponsors of the memorial to provide
for the repair or long-term maintenance of the memorial.
Any funds transferred to the Commission for the purpose
of this subparagraph shall, in lieu of subparagraph (A),
be deposited by the Commission in the fund established
by paragraph (3).
‘‘(3)(A) There is established in the Treasury a fund
which shall be available to the Commission for expenses
for the maintenance and repair of memorials with respect
to which the Commission enters into arrangements under
paragraph (2)(B). The fund shall consist of (i) amounts
deposited, and interest and proceeds credited, under sub-
paragraph (B), and (ii) obligations obtained under sub-
paragraph (C).
‘‘(B) The Commission shall deposit in the fund such
amounts from private contributions as may be accepted
under paragraph (2)(B). The Secretary of the Treasury
shall credit to the fund the interest on, and the proceeds
from sale or redemption of, obligations held in the fund.
‘‘(C) The Secretary of the Treasury shall invest any
portion of the fund that, as determined by the Commis-
sion, is not required to meet current expenses. Each in-
vestment shall be made in an interest bearing obligation
of the United States or an obligation guaranteed as to
principal and interest by the United States that, as deter-
mined by the Commission, has a maturity suitable for the
fund.’’.
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