[House Report 119-258]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-258
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FALLEN SERVICEMEMBERS RELIGIOUS HERITAGE
RESTORATION ACT
----------------
September 9, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
----------------
Mr. Bost, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 2701]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 2701) to direct the American Battle Monuments
Commission to establish a program to identify American-Jewish
servicemembers buried in United States military cemeteries
overseas under markers that incorrectly represent their
religion and heritage, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 5
Subcommittee Consideration....................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
Statement of General Performance Goals and Objectives............ 6
Earmarks and Tax and Tariff Benefits............................. 6
Committee Cost Estimate.......................................... 6
Budget Authority and Congressional Budget Office Estimate........ 7
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Applicability to Legislative Branch.............................. 8
Statement on Duplication of Federal Programs..................... 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fallen Servicemembers Religious
Heritage Restoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An estimated 900 American-Jewish servicemembers of the
Armed Forces, killed in World War I and World War II and buried
overseas in United States military cemeteries were, for various
reasons, mistakenly buried under Latin Crosses. In most
instances, those mistakes were made inadvertently.
(2) In 2022, more than 2,000,000 people visited the United
States World War I and World War II cemeteries in foreign
countries.
(3) American-Jewish servicemembers played a vital role in the
Allied victories in World War I and World War II.
(4) American-Jewish servicemembers who fought and died for
the United States must have their heritage properly recognized
and honored.
(5) The United States Government has a solemn responsibility
to ensure that every American servicemember killed in action
and buried overseas is properly honored.
(6) The work of properly identifying American-Jewish
servicemembers buried overseas is vital and integral to the
responsibility of the American Battle Monuments Commission to
ensure that past mistakes in honoring those servicemembers who
died in the line of duty are corrected.
SEC. 3. FALLEN SERVICEMEMBERS RELIGIOUS HERITAGE RESTORATION PROGRAM.
(a) Establishment.--The American Battle Monuments Commission shall
establish a program to identify covered members and to contact
survivors and descendants of such covered members. Such program shall
be known as the ``Fallen Servicemembers Religious Heritage Restoration
Program''.
(b) Duration.--The Commission shall carry out the Fallen
Servicemembers Religious Heritage Restoration Program during the first
five fiscal years that begin after the date of the enactment of this
Act.
(c) Contracts.--
(1) Authority.--During each fiscal year described in
subsection (b), the Commission shall seek to enter into a
contract with a nonprofit organization under which such
nonprofit organization shall carry out the purpose described in
subsection (a).
(2) Term; amount.--Each contract under this subsection shall
be for one year and in the amount of $500,000 to the nonprofit
organization.
(3) Priority.--In awarding a contract under this subsection,
the Commission shall give priority to a nonprofit organization
that has demonstrated capability and expertise in carrying out
the purpose described in subsection (a).
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated to the Commission $500,000 for
each fiscal year described in subsection (b).
(e) Definitions.--In this section:
(1) The term ``covered member'' means a deceased member of
the Armed Forces who was Jewish and buried--
(A) in a United States military cemetery located
outside the United States; and
(B) under a marker that indicates such member was not
Jewish.
(2) The term ``nonprofit organization'' means an organization
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such
Code.
SEC. 4. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is amended by
striking ``November 30, 2031'' and inserting ``January 31, 2032''.
Purpose and Summary
H.R. 2701, the ``Fallen Servicemembers Religious Heritage
Restoration Act,'' was introduced by Representative Debbie
Wasserman Schultz of Florida on April 7, 2025. This bill, as
amended, would direct the American Battle Monument Commission
(ABMC) to establish the ``Fallen Servicemembers Religious
Heritage Restoration Program.'' This bill would direct ABMC to
enter into a contract with a nonprofit organization to identify
and correct the gravestones of fallen American-Jewish
servicemembers of the Armed Forces, killed in World War I and
World War II, who were buried overseas under a Latin Cross
headstone.
Background and Need for Legislation
Section 1: Short Title
This Act may be cited as the ``Fallen Servicemembers
Religious Heritage Restoration Act.''
Section 2: Findings
Since the nation's founding, Jewish immigrants, colonists,
and citizens have served and fought in every American conflict.
One such soldier, Sgt. William Shemin served as a rifleman for
the 47th Infantry Regiment during the Second Battle of the
Marne in August 1918. Shemin charged into no-man's land under
the fire of German troops to rescue wounded soldiers, taking
command of his platoon to return fire on the enemy
combatants.\1\
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\1\Jessie Kratz, Men of Mordechai: Jewish Americans in the U.S.
Armed Forces, National Archives, (May 18, 2021), https://
prologue.blogs.archives.gov/2021/05/18/men-of-mordechai-jewish-
americans-in-the-u-s-armed-forces/.
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In a statement for the record submitted at a June 24, 2025,
legislative hearing for the Subcommittee on Disability
Assistance and Memorial Affairs, the Veterans of Foreign Wars
of the United States (VFW) noted:
``The large number of casualties and the chaos of war
directly contributed to burials with inappropriate
headstones. During World War I, more than 100,000
Americans fell abroad during the country's first large-
scale overseas combat deployment, and administrative
errors were not uncommon. Complicating the situation
during World War II, some American-Jewish service
members who served in the European Theater deliberately
concealed their religious affiliation to avoid torture
or death if captured by the Nazis.''\2\
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\2\Statement for the Record of the Veterans of Foreign Wars of the
United States, (June 24, 2025), HHRG-119-VR09-20250624-SD004.pdf
(house.gov).
This section would recognize the unique circumstances faced
by American-Jewish soldiers who served in World War I and World
War II. This section would assert that an estimated 900
American-Jewish servicemembers of the Armed Forces are
mistakenly buried under the Latin Cross in ABMC cemeteries
overseas after World War I and World War II. This section would
also recognize the crucial role that American-Jewish
servicemembers played in the American war effort for both World
War I and World War II.
This section would assert that it is the solemn duty of
ABMC to establish, maintain, and correct, when necessary, the
graves and headstones of fallen servicemembers still entrusted
to our Nation's care.
Section 3: Fallen Servicemembers Religious Heritage Restoration Program
In a statement for the record submitted at a June 24, 2025,
legislative hearing for the Committee on Veteran's Affairs
Subcommittee on Disability Assistance and Memorial Affairs,
Rabbi Raphael B. Butler, President of the Afikim Foundation
stated:
``Now, more than ever, when our country is
unfortunately experiencing an increase in antisemitism,
it's vital to recognize the vital contribution made by
Jewish American soldiers in World War I and World War
II--especially those soldiers that paid the ultimate
price . . . . . . The American Battle Monuments
Commission (ABMC) does a remarkable job in maintaining
and administering the United States' military
cemeteries overseas. They are committed to ensuring
that every soldier buried in their cemeteries is
appropriately honored. ABMC is committed to ``getting
it right.'' H.R. 2701 will provide ABMC with the modest
resources it needs to partner with outside experts in
researching and identifying Jewish American service
members buried at American military cemeteries overseas
who were buried under markers incorrectly representing
their religion and heritage.''\3\
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\3\Statement for the Record of the Afikim Foundation, (June 24,
2025), HHRG-119-VR09-20250624-SD012.pdf (house.gov).
This section would direct ABMC to establish the Fallen
Servicemembers Religious Heritage Restoration Program to work
with a nonprofit to identify and contact the survivors and
descendants of deceased members of the Armed Forces with Jewish
heritage buried in an ABMC cemetery under a Latin Cross
headstone. Because of the sensitive nature of this undertaking
the Committee expects that the nonprofit organization chosen to
carry out this section would have the demonstrated history of
relevant experience necessary to fulfill the goal of the
program.
The Committee believes that it is essential to address the
improper demarcation of fallen Jewish Servicemembers who are
buried in World War I and World War II cemeteries overseas to
ensure that each of these individuals are appropriately
recognized and honored for their sacrifice on behalf of the
American people. The Committee believes ABMC would choose the
organization best suited to rectify this historical oversight
and honor our fallen American-Jewish soldiers.
Section 4: Extension of Certain Limits on Payments of Pension
Under current law (38 U.S.C. Sec. 5503(d)), the amount of
VA pension paid to a veteran with no spouse nor child, a
veteran's surviving spouses with no child, or a veteran's child
who is admitted to a VA or Medicaid sponsored nursing facility
is capped at $90 a month. This section would cover the costs of
the other sections of this bill by extending this pension
limitation by two months to January 31, 2032. Because they
receive government sponsored care in a nursing home, these
pension beneficiaries do not require the full amount of pension
to cover their cost of living. The Committee believes this
short-term extension of the current limit on pension payments
is a reasonable way to cover the costs associated with the
other sections of this bill.
Hearings
On June 24, 2025, the Committee on Veterans Affairs
Subcommittee on Disability Assistance and Memorial Affairs held
a legislative hearing on H.R. 2701 and other bills that were
pending before the subcommittee.
The following witnesses testified:
The Honorable Mike Bost, U.S. House of
Representatives; The Honorable Elise Stefanik, U.S.
House of Representatives; The Honorable Julia Brownley,
U.S. House of Representatives; The Honorable Chuck
Edwards, U.S. House of Representatives; The Honorable
Tom Barrett, U.S. House of Representatives; The
Honorable Tim Kennedy, U.S. House of Representatives;
The Honorable Jahana Hayes, U.S. House of
Representatives; Mrs. Julie Guleff, Caregiver and
Surviving Spouse of Stephen Guleff, Vietnam Veteran;
Mr. Michael J. Wishnie, William O. Douglas Clinical
Professor of Law and Director, Veterans Legal Services
Clinic, Yale Law School; Ms. Candace Wheeler, Senior
Director, Government and Legislative Affairs, Tragedy
Assistance Program for Survivors; Mr. Evan Deichert,
Acting Deputy Vice Chairman, Board of Veterans'
Appeals, U.S. Department of Veterans Affairs; Mr. Kevin
Friel, Executive Director, Pension & Fiduciary Service,
Veterans Benefits Administration, U.S. Department of
Veterans Affairs; Mr. James W. Smith II, Deputy
Executive Director, Policy and Procedures, Compensation
Service, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Dr. Colleen Richardson,
Executive Director, Caregiver Support Program, Veterans
Health Administration, U.S. Department of Veterans
Affairs; and Colonel (Ret.) Tiffany M. Wagner, USAF,
Clerk of the Court, U.S. Court of Appeals for Veterans
Claims.
The following individuals and organizations submitted
statements for the record:
The Honorable Debbie Wasserman Schultz of Florida;
Gold Star Spouses of America; Veterans of Foreign Wars;
Vietnam Veterans of America; National Organization of
Veterans' Advocates; Disabled American Veterans;
Quality of Life Foundation; Jewish Federations of North
America; Paralyzed Veterans of America; Administrative
Conference of the United States; Afikim Foundation;
American Legion; Shiron Collective; American Federation
of Government Employees; Republican Jewish Coalition;
Adam Zimmerman, University of Southern California
Robert Kingsley Professor of Law, in their personal
capacity; Jonah Platt in their personal capacity;
Shabbos Kestenbaum in their personal capacity; John
Ondrasik in their personal capacity; Lizzy Savetsky in
their personal capacity; Aviva Klompas in their
personal capacity; Lee Trink in their personal
capacity; Bethany Mandel in their personal capacity;
Iddo Goldberg in their personal capacity; Liora Rez in
their personal capacity; Jason Greenblatt in their
personal capacity; Sarah Stern in their personal
capacity; and Nicole Neily in their personal capacity.
Subcommittee Consideration
On July 3, 2025, the Subcommittee on Disability Assistance
and Memorial Affairs discharged this legislation for full
Committee consideration.
Committee Consideration
On July 23, 2025, the Full Committee met in open markup
session with a quorum being present, to consider H.R. 2701, as
amended.
An amendment in the nature of a substitute to H.R.
2701 was offered by Ranking Member Takano to modify
section 2 of this bill to authorize the Fallen
Servicemembers Religious Heritage Program for five
fiscal years after the date of enactment, rather than
ten fiscal years. It also added a new section that
fully offset the cost of this legislation. This
amendment in the nature of a substitute was agreed to
by voice vote.
A motion by Ranking Member Takano to report H.R. 2701, as
amended, favorably to the House of Representatives was agreed
to by voice vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that no
recorded votes were taken on amendments or in connection with
ordering H.R. 2701, as amended, reported to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 2701, as amended, are to ensure
that the gravestones of fallen American-Jewish servicemembers
of the Armed Forces, killed in World War I and World War II are
identified and corrected to accurately reflect their faith.
Earmarks and Tax and Tariff Benefits
H.R. 2701, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the Congressional Budget
Office cost estimate on this measure.
Budget Authority and Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2701 would establish a program to identify Jewish U.S.
service members who are buried overseas under a grave marker
that incorrectly indicates that they were not Jewish. The bill
also would reduce the amount of Department of Veterans Affairs
(VA) pensions the department pays to certain veterans and
survivors who reside in nursing homes. CBO estimates that H.R.
2701 would increase spending subject to appropriation by $3
million and reduce direct spending by $8 million over the 2025-
2035 period.
The costs of the legislation, detailed in Table 1, fall
within budget functions 550 (health) and 700 (veterans benefits
and services).
TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 2701
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By fiscal year, millions of dollars--
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2025- 2025-
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2030 2035
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
EstimatedPAuthorization......................... 0 1 * 1 * 1 0 0 0 0 0 3 3
Estimated Outlays............................... 0 1 * 1 * 1 * 0 0 0 0 3 3
DECREASES (-) IN DIRECT SPENDING
Estimated Budget Authority...................... 0 0 0 0 0 0 0 -8 0 0 0 0 -8
Estimated Outlays............................... 0 0 0 0 0 0 0 -8 0 0 0 0 -8
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* = between zero and $500,000.
Spending subject to appropriation: H.R. 2701 would
authorize annual appropriations of $500,000 for five years to
the American Battle Monuments Commission for the purpose of
providing grants to nonprofit organizations. The commission
maintains American military cemeteries and memorials outside of
the United States. Grant recipients would use the funds to
identify the graves of Jewish U.S. service members who are
buried in those cemeteries under headstones or markers that
incorrectly indicate the service member was not Jewish. CBO
estimates that implementing the grant program would cost $3
million over the 2025-2035 period. Such spending would be
subject to the appropriation of the specified amounts.
Direct spending: Under current law, VA reduces pension
payments to veterans and survivors who reside in Medicaid
nursing homes to $90 per month. That required reduction expires
November 30, 2031. Section 3 would extend that reduction for
two months, through January 31, 2032. CBO estimates that
extending that requirement would reduce VA benefits by $10
million per month. (Those benefits are paid from mandatory
appropriations and are therefore considered direct spending.)
As a result of that reduction in beneficiaries' income,
Medicaid would pay more of the cost of their care, increasing
spending for that program by $6 million per month. Thus,
enacting section 3 would reduce net direct spending by $8
million over the 2025-2035 period.
The CBO staff contact for this estimate is Logan Smith. The
estimate was reviewed by Christina Hawley Anthony, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Federal Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4 is inapplicable to H.R. 2701, as
amended.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
2701, as amended.
Applicability to Legislative Branch
The Committee finds that H.R. 2701, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 2701, as amended would establish or reauthorize a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Pub. L. 111-139, or a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section would establish the short title of the bill as
the ``Fallen Servicemembers Religious Heritage Restoration
Act.''
Section 2. Findings
This section would make findings related to the purpose of
the bill. It would establish that there are an estimated 900
American-Jewish servicemembers of the Armed Forces, killed in
World War I and World War II, that are buried overseas
mistakenly under a Latin Cross. It would specify that in 2022,
an estimated 2,000,000 people visited the United States World
War I and World War II cemeteries in foreign countries.
This section would provide recognition of the vital role
that American-Jewish servicemembers played in the Allied
victories in World War I and World War II, and the importance
of ensuring the heritage of American-Jewish servicemembers are
properly honored.
This section would also recognize the responsibility of the
United States to ensure all servicemembers killed in action and
buried overseas are properly honored and would highlight the
specific responsibility of ABMC to correct past mistakes in
honoring fallen servicemembers.
Section 3. Fallen Servicemembers Religious Heritage Restoration Program
This section would direct ABMC to establish the ``Fallen
Servicemembers Religious Heritage Restoration Program'' that
would identify covered members and contact survivors and
dependents of those covered members. ABMC would carry out the
``Fallen Servicemembers Religious Heritage Restoration
Program'' for five fiscal years after the date of the enactment
of this Act.
It would also direct ABMC to enter into a contract with a
nonprofit organization to carry out the purpose of the program.
This contract would be $500,000 for each fiscal year, with
priority given to nonprofit organizations with a demonstrated
capability and expertise in carrying out such purpose. This
bill would also authorize $500,000 in appropriated funds for
the purpose of this contract.
This section defines a ``covered member'' as a deceased
member of the Armed Forces who was Jewish and buried in a
United States military cemetery located outside the United
States under a marker that indicates such member was not
Jewish. It also defines a ``nonprofit organization'' as an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code in order to achieve the purpose of the
program.
Section 4. Extension of certain limits on payments of pension
This section would extend the limitation of pension payable
to certain veterans, their surviving spouses, or their children
as established in 38 U.S.C. 5503(d), from November 30, 2031, to
January 31, 2032.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
TITLE 38, UNITED STATES CODE
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PART IV--GENERAL ADMINISTRATIVE PROVISIONS
* * * * * * *
CHAPTER 55--MINORS, INCOMPETENTS, AND OTHER WARDS
* * * * * * *
Sec. 5503. Hospitalized veterans and estates of incompetent
institutionalized veterans
(a)(1)(A) Where any veteran having neither spouse nor child
is being furnished domiciliary care by the Department, no
pension in excess of $90 per month shall be paid to or for the
veteran for any period after the end of the third full calendar
month following the month of admission for such care.
(B) Except as provided in subparagraph (D) of this paragraph,
where any veteran having neither spouse nor child is being
furnished nursing home care by the Department, no pension in
excess of $90 per month shall be paid to or for the veteran for
any period after the end of the third full calendar month
following the month of admission for such care. Any amount in
excess of $90 per month to which the veteran would be entitled
but for the application of the preceding sentence shall be
deposited in a revolving fund at the Department medical
facility which furnished the veteran nursing care, and such
amount shall be available for obligation without fiscal year
limitation to help defray operating expenses of that facility.
(C) No pension in excess of $90 per month shall be paid to or
for a veteran having neither spouse nor child for any period
after the month in which such veteran is readmitted for care
described in subparagraph (A) or (B) of this paragraph and
furnished by the Department if such veteran is readmitted
within six months of a period of care in connection with which
pension was reduced pursuant to subparagraph (A) or (B) of this
paragraph.
(D) In the case of a veteran being furnished nursing home
care by the Department and with respect to whom subparagraph
(B) of this paragraph requires a reduction in pension, such
reduction shall not be made for a period of up to three
additional calendar months after the last day of the third
month referred to in such subparagraph if the Secretary
determines that the primary purpose for the furnishing of such
care during such additional period is for the Department to
provide such veteran with a prescribed program of
rehabilitation services, under chapter 17 of this title,
designed to restore such veteran's ability to function within
such veteran's family and community. If the Secretary
determines that it is necessary, after such period, for the
veteran to continue such program of rehabilitation services in
order to achieve the purposes of such program and that the
primary purpose of furnishing nursing home care to the veteran
continues to be the provision of such program to the veteran,
the reduction in pension required by subparagraph (B) of this
paragraph shall not be made for the number of calendar months
that the Secretary determines is necessary for the veteran to
achieve the purposes of such program.
(2) The provisions of paragraph (1) shall also apply to a
veteran being furnished such care who has a spouse but whose
pension is payable under section 1521(b) of this title. In such
a case, the Secretary may apportion and pay to the spouse, upon
an affirmative showing of hardship, all or any part of the
amounts in excess of the amount payable to the veteran while
being furnished such care which would be payable to the veteran
if pension were payable under section 1521(c) of this title.
(b) Notwithstanding any other provision of this section or
any other provision of law, no reduction shall be made in the
pension of any veteran for any part of the period during which
the veteran is furnished hospital treatment, or institutional
or domiciliary care, for Hansen's disease, by the United States
or any political subdivision thereof.
(c) Where any veteran in receipt of an aid and attendance
allowance described in subsection (r) or (t) of section 1114 of
this title is hospitalized at Government expense, such
allowance shall be discontinued from the first day of the
second calendar month which begins after the date of the
veteran's admission for such hospitalization for so long as
such hospitalization continues. Any discontinuance required by
administrative regulation, during hospitalization of a veteran
by the Department, of increased pension based on need of
regular aid and attendance or additional compensation based on
need of regular aid and attendance as described in subsection
(l) or (m) of section 1114 of this title, shall not be
effective earlier than the first day of the second calendar
month which begins after the date of the veteran's admission
for hospitalization. In case a veteran affected by this
subsection leaves a hospital against medical advice and is
thereafter admitted to hospitalization within six months from
the date of such departure, such allowance, increased pension,
or additional compensation, as the case may be, shall be
discontinued from the date of such readmission for so long as
such hospitalization continues.
(d)(1) For the purposes of this subsection--
(A) the term ``Medicaid plan'' means a State plan for
medical assistance referred to in section 1902(a) of
the Social Security Act (42 U.S.C. 1396a(a)); and
(B) the term ``nursing facility'' means a nursing
facility described in section 1919 of such Act (42
U.S.C. 1396r), other than a facility that is a State
home with respect to which the Secretary makes per diem
payments for nursing home care pursuant to section
1741(a) of this title.
(2) If a veteran having neither spouse nor child is covered
by a Medicaid plan for services furnished such veteran by a
nursing facility, no pension in excess of $90 per month shall
be paid to or for the veteran for any period after the month of
admission to such nursing facility.
(3) Notwithstanding any provision of title XIX of the Social
Security Act, the amount of the payment paid a nursing facility
pursuant to a Medicaid plan for services furnished a veteran
may not be reduced by any amount of pension permitted to be
paid such veteran under paragraph (2) of this subsection.
(4) A veteran is not liable to the United States for any
payment of pension in excess of the amount permitted under this
subsection that is paid to or for the veteran by reason of the
inability or failure of the Secretary to reduce the veteran's
pension under this subsection unless such inability or failure
is the result of a willful concealment by the veteran of
information necessary to make a reduction in pension under this
subsection.
(5)(A) The provisions of this subsection shall apply with
respect to a surviving spouse having no child in the same
manner as they apply to a veteran having neither spouse nor
child.
(B) The provisions of this subsection shall apply with
respect to a child entitled to pension under section 1542 of
this title in the same manner as they apply to a veteran having
neither spouse nor child.
(6) The costs of administering this subsection shall be paid
for from amounts available to the Department of Veterans
Affairs for the payment of compensation and pension.
(7) This subsection expires on [November 30, 2031] January
31, 2032.
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