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





                                                       Calendar No. 233

105th CONGRESS

  1st Session

                                 S. 987

                          [Report No. 105-120]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 29, 1997

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 233
105th CONGRESS
  1st Session
                                 S. 987

                          [Report No. 105-120]

 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

                            October 29, 1997

  Reported by Mr. Specter, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES 
              CODE.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Veterans' 
Compensation Cost-of-Living Adjustment and Benefit Programs Improvement 
Act of 1997''.</DELETED>
<DELETED>    (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.</DELETED>

         <DELETED>TITLE I--COMPENSATION AND PENSIONS</DELETED>

<DELETED>SEC. 101. INCREASE IN COMPENSATION RATES AND 
              LIMITATIONS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 102. ROUNDING DOWN OF COMPENSATION-RATE 
              INCREASES.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 103. EXTENSION OF INCOME-VERIFICATION 
              AUTHORITY.</DELETED>

<DELETED>    (a) Section 5317 is amended by striking out subsection 
(g).</DELETED>
<DELETED>    (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.''.</DELETED>

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

<DELETED>    Section 5503(f) is amended by striking out paragraph 
(7).</DELETED>

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

<DELETED>    (a) Service Connection.--Chapter 11 is amended by adding 
at the end of subchapter I the following new section:</DELETED>
<DELETED>``Sec. 1103. Special provisions relating to claims based upon 
              effects of tobacco products</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

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

<DELETED>SEC. 106. REIMBURSEMENT OF COSTS ASSOCIATED WITH COMPENSATION 
              AND PENSION MEDICAL EXAMINATIONS.</DELETED>

<DELETED>    (a) Authorization.--Chapter 77 of title 38, United States 
Code, is amended by adding at the end of subchapter I the following new 
section:</DELETED>
<DELETED>``Sec. 7705. Reimbursement for compensation and pension 
              medical examinations</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``7705. Reimbursement for compensation and pension medical 
                            examinations.''.

             <DELETED>TITLE II--MEMORIAL AFFAIRS</DELETED>

<DELETED>SEC. 201. STATE CEMETERY GRANTS PROGRAM.</DELETED>

<DELETED>    (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:</DELETED>
        <DELETED>    ``(1) The amount of any grant under this section 
        may not exceed--</DELETED>
                <DELETED>    ``(A) in the case of the establishment of 
                a new cemetery, the total of--</DELETED>
                        <DELETED>    ``(i) the cost of improvements to 
                        be made on the land to be converted into a 
                        cemetery, and</DELETED>
                        <DELETED>    ``(ii) the initial cost of 
                        equipment necessary to operate the cemetery; 
                        or</DELETED>
                <DELETED>    ``(B) in the case of the expansion or 
                improvement of an existing cemetery, the total of--
                </DELETED>
                        <DELETED>    ``(i) the cost of improvements to 
                        be made on any land to be added to the 
                        cemetery, and</DELETED>
                        <DELETED>    ``(ii) the cost of any 
                        improvements to be made to the existing 
                        cemetery.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (2) Effective Date.--The amendment made by this subsection 
shall become effective 60 days after the date of enactment of this 
Act.</DELETED>
<DELETED>    ``(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''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 1997''.

SEC. 2. 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 reason of 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)).
    (3) In the computation of increased dollar amounts pursuant to 
paragraph (2), any amount which as so computed is not an even multiple 
of $1 shall be rounded to the next lower whole dollar amount.
    (b) Special Rule.--The Secretary may adjust administratively, 
consistent with the increases made under subsection (a), 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.
            Amend the title so as to read: ``A bill to increase, 
        effective as of December 1, 1997, the rates of disability 
        compensation for veterans with service-connected disabilities, 
        and the rates of dependency and indemnity compensation for 
        survivors of certain service-connected disabled veterans, and 
        for other purposes.''.