Text: H.R.2304 — 102nd Congress (1991-1992)All Information (Except Text)

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HR 2304 IH
102d CONGRESS
1st Session
 H. R. 2304
To restore reductions in veterans benefits made by the Omnibus Budget
Reconciliation Act of 1990.
IN THE HOUSE OF REPRESENTATIVES
May 9, 1991
Mr. SANDERS (for himself, Mr. RANGEL, and Mr. DELLUMS) 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.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. RESTORATION OF COMPENSATION BENEFITS FOR CERTAIN INCOMPETENT
VETERANS.
  (a) REPEAL- Section 3205 of title 38, United States Code, is repealed.
  (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 55
  of such title is amended by striking out the item relating to section 3205.
SEC. 2. RESTORATION OF PRESUMPTION OF TOTAL DISABILITY IN DETERMINATION OF
PENSION FOR CERTAIN VETERANS.
  Section 502(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 unemployable
  after age 65, or is suffering'.
SEC. 3. RESTORATION OF PENSION AMOUNT FOR CERTAIN VETERANS RECEIVING
MEDICAID-COVERED NURSING HOME CARE.
  Section 3203 of title 38, United States Code, is amended by striking out
  subsection (f).
SEC. 4. RESTORATION OF RIGHTS OF CERTAIN SURVIVORS FOR REINSTATEMENT OF
BENEFITS ELIGIBILITY 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 veteran 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 unless 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
  authority to render divorce decrees unless the Secretary determines that
  the divorce was secured through fraud by either party or collusion.'.
SEC. 5. RESTORATION OF MEDICATION BENEFIT.
  (a) REPEAL- Section 622A 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 622A.
SEC. 6. RESTORATION OF HEALTH-CARE CATEGORIES AND COPAYMENTS.
  (a) INPATIENT CARE- (1) Subsection (a) of section 610 of title 38, United
  States Code, is amended--
  (A) in paragraph (1)(I) by striking `622(a)' and inserting in lieu thereof
  `622(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 needed to a veteran for a non-service-connected disability if
  the veteran has an income level described in section 622(a)(2) of this title.
  `(B) In the case of a veteran who is not described in paragraph (1) of
  this subsection or in subparagraph (A) of this paragraph, 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) of this section.'.
  (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) of this section 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 nursing home care under this
  section and who is required under paragraph (1) of this subsection 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 determined 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 appears and inserting in lieu thereof `(2)(B)'.
  (b) OUTPATIENT CARE- Subsection (f) of section 612 of such title is amended--
  (1) in paragraph (1), by striking out `610(a)(2)' and inserting in lieu
  thereof `610(a)(2)(B)';
  (2) by redesignating paragraphs (3) and (4) as paragraphs (5) and (7),
  respectively;
  (3) by inserting after paragraph (2) the following:
  `(3) A veteran may not be required to make a payment under this subsection
  for services furnished under subsection (a) of this section 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 furnished during
  that period and under section 610(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 payment under this subsection
  if such payment would result in the veteran paying, under this subsection
  and section 610(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 redesignated, 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 622 of such title
  is amended--
  (A) by inserting `(1)' after `(a)';
  (B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A),
  (B), and (C), respectively;
  (C) by striking out `amount set forth in subsection (b)' in subparagraph (C),
  as so redesignated, and inserting in lieu thereof `Category A threshold'; and
  (D) by adding at the end the following:
  `(2) For the purposes of section 610(a)(2)(A) of this title, a veteran's
  income level is described in this paragraph if the veteran's attributable
  income is not greater than the Category B threshold.'.
  (2) Subsection (b) of such section is amended to read as follows:
  `(b) For the purposes of this section:
  `(1) The Category A threshold--
  `(A) for the calendar year beginning on January 1, 1989, is--
  `(i) $16,466 in the case of a veteran with no dependents; and
  `(ii) $19,759 in the case of a veteran with one dependent, plus $1,098
  for each additional dependent; and
  `(B) for a calendar year beginning after January 1, 1989, is the amount
  in effect for purposes of this paragraph for the preceding calendar year
  as adjusted under subsection (c) of this subsection.
  `(2) The Category B threshold--
  `(A) for the calendar year beginning on January 1, 1989, is--
  `(i) $21,954 in the case of a veteran with no dependents; and
  `(ii) $27,440 in the case of a veteran with one dependent, plus $1,098
  for each additional dependent; and
  `(B) for a calendar year beginning after January 1, 1989, is the amount
  in effect for purposes of this paragraph for the preceding calendar year
  as adjusted under subsection (c) of this subsection.'.
  (3) Subsection (c) of such section is amended by inserting `paragraphs
  (1) and (2) of' after `in effect under'.
  (4) Paragraph (2) of subsection (d) of such section is amended to read
  as follows:
  `(2) A determination described in this paragraph is a determination--
  `(A) that for the purposes of subsection (a)(1)(C) of this section
  a veteran's attributable income is not greater than the Category A
  threshold; or
  `(B) that for the purposes of subsection (a)(2) of this section, a veteran's
  attributable income is not greater than the Category B threshold.'.
  (5) Subsection (e) of such section is amended--
  (A) in paragraph (1), by striking out `the amount determined under subsection
  (b) of this section' and inserting in lieu thereof `the Category A threshold
  or the Category B threshold, as appropriate'; and
  (B) by striking out paragraph (2) and inserting in lieu thereof the
  following:
  `(2)(A) A veteran is described in this paragraph for the purposes of
  subsection (a)(1) of this section if--
  `(i) the veteran has an attributable income greater than the Category A
  threshold; and
  `(ii) the current projections of such veterans' income for the current
  year are that the veteran's income for such year will be substantially
  below such threshold.
  `(B) A veteran is described in this paragraph for the purpose of subsection
  (a)(2) of this section if--
  `(i) the veteran has an attributable income greater than the Category B
  threshold; and
  `(ii) the current projections of such veteran's income for the current
  year are that the veteran's income for such year will be substantially
  below such threshold.'.
SEC. 7. RESTORATION OF EDUCATION BENEFITS.
  Section 1502(1) of title 38, United States Code, is amended by striking out
  `at a rate of 20 percent or more' after `compensable' each place it appears.
SEC. 8. RESTORATION OF HOUSING LOAN GUARANTY ASSISTANCE.
  Section 1829 of title 38, United States Code, is amended--
  (1) in paragraph (2), by striking out `Except as provided in paragraph
  (6) of this subsection, the' and inserting in lieu thereof `The'; and
  (2) by striking out paragraph (6).
SEC. 9. RESTORATION OF BURIAL AND GRAVE MARKER BENEFITS.
  (a) HEADSTONE ALLOWANCE- Section 906 of title 38, United States Code,
  is amended by adding at the end the following:
  `(e) In lieu of furnishing a headstone or marker under subsection (a)(2) or
  (b) of this section, the Secretary, in the Secretary's discretion, having
  due regard for the circumstances in each case, may reimburse the person
  entitled to request such headstone or marker for the cost of acquiring
  a non-Government headstone or marker for placement in any cemetery other
  than a national cemetery in connection with the burial or memorialization
  of the deceased individual. The cost referred to in the preceding sentence
  is the cost actually incurred by or on behalf of such person or the cost
  prepaid by the deceased individual as the case may be. Reimbursement under
  this subsection may be made only upon the request of the person entitled to
  request the headstone or marker and may not be made in an amount in excess
  of the average actual cost, as determined by the Secretary, of headstones
  and markers furnished under subsections (a) and (b) of this section.'.
  (b) PLOT ALLOWANCE- Section 903(b)(2) of such title is amended by striking
  out `(other than' and all that follows through `any war)'.