[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2155 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2155

To amend title 38, United States Code, to restrict payment, in the case 
 of incarcerated veterans, of the clothing allowance otherwise payable 
   to certain disabled veterans and to create for pension purposes a 
presumption of permanent and total disability for veterans over age 65 
                  who are patients in a nursing home.


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                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 1995

Mr. Stump (for himself and Mr. Montgomery) (both by request) introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to restrict payment, in the case 
 of incarcerated veterans, of the clothing allowance otherwise payable 
   to certain disabled veterans and to create for pension purposes a 
presumption of permanent and total disability for veterans over age 65 
                  who are patients in a nursing home.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Benefits Reform Act of 
1995''.

SEC. 2. LIMITATION ON CLOTHING ALLOWANCE FOR INCARCERATED VETERANS.

    (a) Pro Rata Reduction.--Chapter 53 of title 38, United States 
Code, is amended by inserting after section 5313 the following new 
section:
``Sec. 5313A. Limitation on payment of clothing allowance 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 clothing 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. 3. PRESUMPTION OF PERMANENT AND TOTAL DISABILITY 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''.
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