[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 987 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 987

 To amend title 38, United States Code, to authorize a cost-of-living 
 adjustment in the rates of disability compensation for veterans with 
      service-connected disabilities and dependency and indemnity 
 compensation for survivors of such veterans and to revise and improve 
certain veterans compensation, pension, and memorial affairs programs; 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 1997

Mr. Specter (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to authorize a cost-of-living 
 adjustment in the rates of disability compensation for veterans with 
      service-connected disabilities and dependency and indemnity 
 compensation for survivors of such veterans and to revise and improve 
certain veterans compensation, pension, and memorial affairs programs; 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Cost-of-Living Adjustment and Benefit Programs Improvement 
Act of 1997''.
    (b) References.--Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, 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--COMPENSATION AND PENSIONS

SEC. 101. INCREASE IN COMPENSATION RATES AND LIMITATIONS.

    (a) In General.--(1) The Secretary of Veterans Affairs shall, as 
provided in paragraph (2), increase, effective December 1, 1997, the 
rates of and limitations on Department of Veterans Affairs disability 
compensation and dependency and indemnity compensation.
    (2) The Secretary shall increase each of the rates and limitations 
in sections 1114, 1115(1), 1162, 1311, 1313, and 1314 of title 38, 
United States Code, that were increased by the amendments made by the 
Veterans' Compensation Cost-of-Living Adjustment Act of 1996 (Public 
Law 104-263; 110 Stat. 3212). This increase shall be made in such rates 
and limitations as in effect on November 30, 1997, and shall be by the 
same percentage that benefit amounts payable under title II of the 
Social Security Act (42 U.S.C. 401 et seq.) are increased effective 
December 1, 1997, as a result of a determination under section 215(i) 
of such Act (42 U.S.C. 415(i)).
    (b) Special Rule.--The Secretary may adjust administratively, 
consistent with the increases made under subsection (a)(2), the rates 
of disability compensation payable to persons within the purview of 
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt 
of compensation payable pursuant to chapter 11 of title 38, United 
States Code.
    (c) Publication Requirement.--At the same time as the matters 
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 
415(i)(2)(D)) are required to be published by reason of a determination 
made under section 215(i) of such Act during fiscal year 1998, the 
Secretary shall publish in the Federal Register the rates and 
limitations referred to in subsection (a)(2) as increased under this 
section.

SEC. 102. ROUNDING DOWN OF COMPENSATION-RATE INCREASES.

    In computing rates and limitations pursuant to legislation enacted 
for fiscal years 1998 and thereafter which increases by a specified 
percentage, or which directs the Secretary of Veterans Affairs to 
adjust administratively, the rates and limitations in sections 1114, 
1115(1), 1162, 1311, 1313, and 1314 of title 38, United States Code, 
the Secretary of Veterans Affairs shall round down to the next lower 
whole-dollar amount any amount which as so computed is not an even 
multiple of $1.

SEC. 103. EXTENSION OF INCOME-VERIFICATION AUTHORITY.

    (a) Section 5317 is amended by striking out subsection (g).
    (b) Subparagraph (D) of section 6103(1)(7) of the Internal Revenue 
Code of 1986 (relating to disclosure of return information to Federal, 
State, and local agencies administering certain programs) is amended by 
striking ``Clause (viii) shall not apply after September 30, 1998.''.

SEC. 104. EXTENSION OF LIMITATION ON PENSION FOR CERTAIN RECIPIENTS OF 
              MEDICAID-COVERED NURSING HOME CARE.

    Section 5503(f) is amended by striking out paragraph (7).

SEC. 105. PROHIBITION REGARDING PAYMENT OF COMPENSATION FOR DISABILITY 
              OR DEATH DUE TO TOBACCO USE.

    (a) Service Connection.--Chapter 11 is amended by adding at the end 
of subchapter I the following new section:
``Sec. 1103. Special provisions relating to claims based upon effects 
              of tobacco products
    ``(a) Notwithstanding any other provision of law, a veteran's 
disability or death shall not be considered to have resulted from 
personal injury suffered or disease contracted in line of duty in the 
active military, naval, or air service for purposes of this title on 
the basis that it resulted from injury or disease attributable in whole 
or in part to the use of tobacco products by the veteran during the 
veteran's service.
    ``(b) Nothing in subsection (a) shall be construed as precluding 
the establishment of service connection for disability or death from a 
disease or injury which became manifest or was aggravated in active 
military, naval or air service or became manifest to the requisite 
degree of disability during any applicable presumptive period specified 
in section 1112 or 1116 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 11 is amended by adding the following new item after the item 
relating to section 1102:

``1103. Special provisions relating to claims based upon effects of 
                            tobacco products.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to claims filed after the date of enactment of this Act.

SEC. 106. REIMBURSEMENT OF COSTS ASSOCIATED WITH COMPENSATION AND 
              PENSION MEDICAL EXAMINATIONS.

    (a) Authorization.--Chapter 77 of title 38, United States Code, is 
amended by adding at the end of subchapter I the following new section:
``Sec. 7705. Reimbursement for compensation and pension medical 
              examinations
    ``(a) Reimbursement.--The Under Secretary for Benefits is 
authorized to reimburse the Veterans Health Administration for costs 
associated with the conduct of medical examinations requested by the 
Veterans Benefits Administration in connection with claims for benefits 
under this title.
    ``(b) Source of Funds.--Reimbursements under this section shall be 
made from amounts available to the Secretary of Veterans Affairs for 
payment of general operating expenses.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 77 is amended by adding the following new item after the item 
relating to section 7703:

``7705. Reimbursement for compensation and pension medical 
                            examinations.''.

                       TITLE II--MEMORIAL AFFAIRS

SEC. 201. STATE CEMETERY GRANTS PROGRAM.

    (a)(1) Amount of Grant Relative to Project Cost.--Section 2408(b) 
is amended by striking out paragraphs (1) and (2) and inserting in lieu 
thereof the following:
            ``(1) The amount of any grant under this section may not 
        exceed--
                    ``(A) in the case of the establishment of a new 
                cemetery, the total of--
                            ``(i) the cost of improvements to be made 
                        on the land to be converted into a cemetery, 
                        and
                            ``(ii) the initial cost of equipment 
                        necessary to operate the cemetery; or
                    ``(B) in the case of the expansion or improvement 
                of an existing cemetery, the total of--
                            ``(i) the cost of improvements to be made 
                        on any land to be added to the cemetery, and
                            ``(ii) the cost of any improvements to be 
                        made to the existing cemetery.
            ``(2) If the amount of a grant under this section is less 
        than the amount of costs referred to in paragraph (1), the 
        State receiving the grant shall contribute the amount by which 
        the costs exceed the grant, in addition to any land acquired or 
        dedicated by the State for the cemetery.''.
    (2) Effective Date.--The amendment made by this subsection shall 
become effective 60 days after the date of enactment of this Act.
    ``(b) Authorization of No-Year Appropriations.--Section 2408 (d) is 
amended by striking out ``the end of the second fiscal year following 
the fiscal year for which they are appropriated'' and inserting in lieu 
thereof ``expended''.
                                 <all>