I
104TH CONGRESS
2D SESSION
H. R. 3673
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
JUNE 19, 1996
Mr. STUMP (for himself, Mr. MONTGOMERY, Mr. EVERETT, Mr. EVANS, Mr.
BUYER, and Mr. FILNER) introduced the following bill; which was re-
ferred 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; REFERENCES TO TITLE 38,
UNITED STATES CODE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Veterans’ Compensation and Readjustment Benefits
Amendments of 1996’’.
(b) REFERENCES.—Except as otherwise expressly
provided, whenever in this Act an amendment is expressed
in terms of an amendment to a section or other provision,
the reference shall be considered to be made to a section
or other provision of title 38, United States Code.
TITLE I—VETERANS
COMPENSATION BENEFITS
SEC. 101. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR
CARCINOMA IS SERVICE-CONNECTED.
Section 1112(c)(2) is amended by adding at the end
the following new subparagraph:
‘‘(P) Bronchiolo-alveolar carcinoma.’’.
SEC. 102. PRESUMPTION OF PERMANENT AND TOTAL DIS-
ABILITY FOR VETERANS OVER AGE 65 WHO
ARE NURSING HOME PATIENTS.
Section 1502(a) is amended by inserting ‘‘is 65 years
of age or older and a patient in a nursing home or, regard-
less of age,’’ after ‘‘such a person’’.
SEC. 103. 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
cost, timeliness, and thoroughness of medical disability ex-
aminations.
SEC. 104. LIMITATION ON CLOTHING ALLOWANCE FOR IN-
CARCERATED VETERANS.
(a) PRO RATA REDUCTION.—Chapter 53 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. 105. EXTENSION OF VETERANS’ CLAIMS ADJUDICA-
TION COMMISSION.
(a) EXTENSION OF TIME FOR SUBMISSION OF FINAL
REPORT.—Section 402(e)(2) of the Veterans’ Benefits
Improvements Act of 1994 (Public Law 103–446; 108
‘‘(1) the Secretary would be barred under sub-
section (e) from approving the enrollment of an eli-
gible veteran in the course of the educational institu-
tion or entity providing the course under contract; or
‘‘(2) the educational institution or entity provid-
ing the course under contract has not obtained ap-
proval for the course under this chapter.
‘‘(g) Notwithstanding subsections (e) and (f), the
Secretary may approve the enrollment of an eligible vet-
eran in a course approved under this chapter if the course
is offered by an educational institution under contract
with the Department of Defense or the Department of
Transportation and is given on or immediately adjacent
to a military base, Coast Guard station, National Guard
facility, or facility of the Selected Reserve.’’.
(c) APPROVAL
OF ACCREDITED COURSES.—Sub-
section (b) of section 3675 is amended to read as follows:
‘‘(b) As a condition of approval under this section,
the State approving agency must find the following:
‘‘(1) Adequate records, as prescribed by the
State approving agency, are kept by the educational
institution to show the student’s progress and
grades and that satisfactory standards relating to
progress and conduct are enforced.
‘‘(2) The educational institution maintains a
written record of the previous education and training
of the eligible person or veteran that clearly indi-
cates that appropriate credit has been given by the
educational institution for previous education and
training, with the training period shortened propor-
tionately.
‘‘(3) The educational institution and its ap-
proved courses meet the criteria of paragraphs (1),
(2), and (3) of section 3676(c) of this title.’’.
SEC. 202. ELIMINATION OF DISTINCTION BETWEEN OPEN
CIRCUIT TV AND INDEPENDENT STUDY.
(a) VETERANS’ EDUCATIONAL ASSISTANCE PRO-
GRAM.—Subsection (f) of section 3482 is amended by
striking out ‘‘in part’’.
(b) SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL
ASSISTANCE.—Section 3523 is amended—
(1) in subsection (a)(4), by inserting ‘‘(includ-
ing open circuit television)’’ after ‘‘independent
study program’’ the second place it appears; and
(2) in subsection (c), by striking out ‘‘radio’’
and all that follows through the end and inserting
in lieu thereof ‘‘radio.’’.
(c) ADMINISTRATION
OF
EDUCATIONAL
BENE-
FITS.—Subsection (c) of section 3680A is amended by
striking out ‘‘radio’’ and all that follows through the end
and inserting in lieu thereof ‘‘radio.’’.
SEC. 203. MEDICAL QUALIFICATIONS FOR FLIGHT TRAIN-
ING.
(a) CHAPTER 30 AND 32 PROGRAMS.—Sections
3034(d)(2) and 3241(b)(2) are each amended by inserting
before the semicolon at the end the following: ‘‘on the first
day of such training and within 60 days after successfully
completing such training’’.
(b) SELECTED RESERVE.—Paragraph (2) of section
16136(c) of title 10, United States Code, is amended by
inserting before the semicolon at the end the following:
‘‘on the first day of such training and within 60 days after
successfully completing such training’’.
SEC. 204. COOPERATIVE PROGRAMS.
(a) CHAPTER 30.—Section 3032 of chapter 30 is
amended by striking out subsection (d) and redesignating
subsections (e) and (f) as subsections (d) and (e), respec-
tively.
(b) CHAPTER 32.—Section 3231 of chapter 32 is
amended by striking out subsection (d) and redesignating
subsections (e) and (f) as subsections (d) and (e), respec-
tively.
(c) CHAPTER 35.—Subsection (b) of section 3532 is
amended by striking out ‘‘$327’’ and inserting in lieu
thereof ‘‘$404’’.
(d) CHAPTER 106.—Section 16131 of title 10, Unit-
ed States Code, is amended—
(1) by striking out subsection (e) and redesig-
nating subsections (f), (g), (h), and (i) as sub-
sections (e), (f), (g), and (h), respectively; and
(2) in subsection (b)(1), by striking out ‘‘(g)’’
and inserting in lieu thereof ‘‘(f)’’.
SEC. 205. EXTENSION OF ENHANCED LOAN ASSET SALE
AUTHORITY.
Paragraph (2) of section 3720(h) is amended by
striking out ‘‘December 31, 1996’’ and inserting in lieu
thereof ‘‘December 31, 1997’’.
SEC. 206. EXTENSION OF AUTHORITY FOR THE HOMELESS
VETERANS’ REINTEGRATION PROJECTS.
(a) IN GENERAL.—Paragraph (1) of section 738(e)
of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11448(e)(1)) is amended by adding at the end the
following:
‘‘(E) $10,000,000 for fiscal year 1997.
‘‘(F) $10,000,000 for fiscal year 1998.
‘‘(G) $10,000,000 for fiscal year 1999.’’.
(b) REPEAL OF CERTAIN EXTENSION.—Paragraph
(2) of section 102(d) of the Act entitled ‘‘An Act to amend
title 38, United States Code, to extend the authority of
the Secretary of Veterans Affairs to carry out certain pro-
grams and activities, to require certain reports from the
Secretary of Veterans Affairs, and for other purposes’’,
approved February 13, 1996 (Public Law 104–110; 110
Stat. 769), is repealed, and the provisions of section 741
of the Stewart B. McKinney Homeless Assistance Act (42
U.S.C. 11450) are amended so as to appear as in effect
immediately before the enactment of Public Law 104–110.
TITLE III—OTHER MATTERS
SEC. 301. 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.’’.
SEC. 302. BURIAL BENEFITS FOR CERTAIN VETERANS WHO
DIE IN STATE NURSING HOMES.
Subsection (a) of section 2303 is amended to read
as follows:
‘‘(a)(1) When a veteran dies in a facility described
in paragraph (2), the Secretary shall—
‘‘(A) pay the actual cost (not to exceed $300)
of the burial and funeral or, within such limits, may
make contracts for such services without regard to
the laws requiring advertisement for proposals for
supplies and services for the Department; and
‘‘(B) when such a death occurs in a State,
transport the body to the place of burial in the same
or any other State.
‘‘(2) A facility described in this paragraph is—
‘‘(A) a Department facility (as defined in sec-
tion 1701(4) of this title) to which the deceased was
properly admitted for hospital, nursing home, or
domiciliary care under section 1710 or 1711(a) of
this title; or
‘‘(B) an institution at which the deceased vet-
eran was, at the time of death, receiving—
‘‘(i) hospital care in accordance with sec-
tion 1703 of this title;
‘‘(ii) nursing home care under section 1720
of this title; or
‘‘(iii) nursing home care pursuant to pay-
ments made under section 1741 of this title.’’.
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