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Calendar No. 591
105th CONGRESS
2d Session
S. 730
[Report No. 105-339]
To make retroactive the entitlement of certain Medal of Honor
recipients to the special pension provided for persons entered and
recorded on the Army, Navy, Air Force, and Coast Guard Medal of Honor
Roll.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 1997
Mr. Kempthorne (for himself, Mr. Craig, Mr. Torricelli, Mr. Thomas, and
Mr. Enzi) introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
September 21, 1998
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 make retroactive the entitlement of certain Medal of Honor
recipients to the special pension provided for persons entered and
recorded on the Army, Navy, Air Force, and Coast Guard Medal of Honor
Roll.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. RETROACTIVITY OF MEDAL OF HONOR SPECIAL
PENSION.</DELETED>
<DELETED> (a) Entitlement.--In the case of Vernon J. Baker, Edward
A. Carter, Junior, and Charles L. Thomas, who were awarded the Medal of
Honor pursuant to section 561 of Public Law 104-201 (110 Stat. 2529)
and whose names have been entered and recorded on the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll, the entitlement of those
persons to the special pension provided under section 1562 of title 38,
United States Code (and antecedent provisions of law), shall be
effective as follows:</DELETED>
<DELETED> (1) In the case of Vernon J. Baker, for months
that begin after April 1945.</DELETED>
<DELETED> (2) In the case of Edward A. Carter, Junior, for
months that begin after March 1945.</DELETED>
<DELETED> (3) In the case of Charles L. Thomas, for months
that begin after December 1944.</DELETED>
<DELETED> (b) Amount.--The amount of the special pension payable
under subsection (a) for a month beginning before the date of the
enactment of this Act shall be the amount of the special pension
provided by law for that month for persons entered and recorded on the
Army, Navy, Air Force, and Coast Guard Medal of Honor Roll (or an
antecedent Medal of Honor Roll required by law).</DELETED>
<DELETED> (c) Payment to Next of Kin.--In the case of a person
referred to in subsection (a) who died before receiving full payment of
the pension pursuant to this section, the Secretary of Veterans Affairs
shall pay the total amount of the accrued pension, upon receipt of
application for payment within one year after the date of the enactment
of this Act, to the deceased person's spouse or, if there is no
surviving spouse, then to the deceased person's children, per stirpes,
in equal shares.</DELETED>
SECTION 1. INCREASE IN MEDAL OF HONOR SPECIAL PENSION.
(a) Increase.--Section 1562(a) of title 38, United States Code, is
amended by striking out ``$400'' and inserting in lieu thereof
``$600''.
(b) Annual Adjustment.--That section is further amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(2) Effective as of December 1 each year, the Secretary shall
increase the amount of monthly special pension payable under this
subsection as of November 30 of such year 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 of such year as
a result of a determination under section 215(i) of that Act (42 U.S.C.
415(i)).''.
(c) Effective Date.--(1) Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
enactment of this Act and shall apply to months that begin on or after
that date.
(2) The Secretary of Veterans Affairs shall not make any adjustment
under section 1562(a)(2) of title 38, United States Code, as added by
subsection (b), in 1998.
SEC. 2. ACCELERATED DEATH BENEFIT FOR SERVICEMEMBERS' GROUP LIFE
INSURANCE AND VETERANS' GROUP LIFE INSURANCE
PARTICIPANTS.
(a) In General.--(1) Subchapter III of chapter 19 of title 38,
United States Code, is amended by adding at the end the following:
``Sec. 1980. Option to receive accelerated death benefit
``(a) For the purpose of this section, a person shall be considered
to be terminally ill if the person has a medical prognosis such that
the life expectancy of the person is less than a period prescribed in
regulations by the Secretary. The maximum length of such period may not
exceed 12 months.
``(b)(1) The Secretary shall prescribe regulations under which any
terminally ill person insured under Servicemembers' Group Life
Insurance or Veterans' Group Life Insurance may elect to receive in a
lump-sum payment a portion of the face value of the insurance as an
accelerated death benefit reduced by an amount necessary to assure that
there is no increase in the actuarial value of the benefit paid, as
determined in regulations issued by the Secretary.
``(2) The Secretary shall prescribe by regulation the maximum
amount of the accelerated death benefit available under this section
that the Secretary finds to be administratively practicable and
actuarially sound, but in no event shall the amount of the benefit
exceed the amount equal to 50 percent of the face value of the person's
insurance in force on the date the election of the person to receive
the benefit is approved.
``(3) A person making an election under this section may elect to
receive an amount that is less than the maximum prescribed by the
Secretary under paragraph (2). The Secretary shall prescribe in
regulations the increments in which a reduced amount under this
paragraph may be elected.
``(c) The portion of the face value of insurance which is not paid
in a lump sum as an accelerated death benefit under this section shall
remain payable in accordance with the provisions of this chapter.
``(d) Deductions under section 1969 of this title and premiums
under section 1977(c) of this title shall be reduced, in a manner
consistent with the percentage reduction in the face value of the
insurance as a result of payment of an accelerated death benefit under
this section, effective with respect to any amounts which would
otherwise become due on or after the date of payment under this
section.
``(e) The regulations under this section shall include provisions
regarding--
``(1) the form and manner in which an application for an
election under this section shall be made; and
``(2) the procedures under which any such application shall
be considered.
``(f)(1) An election to receive a benefit under this section shall
be irrevocable.
``(2) A person may not make more than one election under this
section, even if the election of the person is to receive less than the
maximum amount of the benefit available to the person under this
section.
``(g) If a person insured under Servicemembers' Group Life
Insurance elects to receive a benefit under this section and the
person's Servicemembers' Group Life Insurance is thereafter converted
to Veterans' Group Life Insurance as provided in section 1968(b) of
this title, the amount of the benefit paid under this section shall
reduce the amount of Veterans' Group Life Insurance available to the
person under section 1977(a) of this title.
``(h) Notwithstanding any other provision of law, the amount of the
accelerated death benefit received by a person under this section shall
not be considered income or resources for purposes of determining
eligibility for or the amount of benefits under any Federal or
federally-assisted program.''.
(2) The table of sections at the beginning of chapter 19, title 38,
United States Code, is amended by inserting after the item relating to
section 1979 the following:
``1980. Option to receive accelerated death benefit.''.
(b) Conforming Amendments.--Section 1970(g) of title 38, United
States Code, is amended in the first sentence--
(1) by striking out ``Payments of benefits'' and inserting
in lieu thereof ``Any payments''; and
(2) by inserting ``an insured or'' after ``or on account
of,''.
(c) Effective Date.--The amendments made by this section shall take
effect 90 days after the date of enactment of this Act.
(d) Regulations.--The Secretary of Veterans Affairs shall prescribe
the regulations required by section 1980 of title 38, United States
Code, as added by subsection (a), in accordance with the provisions of
section 553 of title 5, United States Code.
SEC. 3. COMMEMORATION OF INDIVIDUALS WHOSE REMAINS ARE UNAVAILABLE FOR
INTERMENT.
(a) Headstones or Markers for Certain Members of the Armed Forces
and Spouses.--Subsection (b) of section 2306 of title 38, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by striking out
``any veteran--'' and inserting in lieu thereof ``any veteran,
any individual who dies in the active military, naval, or air
service, and any spouse or surviving spouse (including an
unremarried surviving spouse whose subsequent remarriage was
terminated by death or divorce) of a veteran or any such
individual--''; and
(2) in paragraph (2) by striking out ``the veteran's'' and
inserting in lieu thereof ``the individual's''.
(b) Alternative Commemoration for Certain Spouses.--That section is
further amended by adding at the end the following:
``(e) Where the Secretary has furnished a memorial headstone or
marker under subsection (b) for purposes of commemorating a veteran, or
has furnished a headstone or marker for the unmarked grave of a veteran
under subsection (a), the Secretary shall, where feasible, add a
memorial inscription to such headstone or marker in lieu of furnishing
a memorial headstone or marker under subsection (b) for the veteran's
surviving spouse.''.
(c) Memorial Areas.--Section 2403(b) of that title is amended to
read as follows:
``(b) Under regulations prescribed by the Secretary, group
memorials may be erected to honor the memory of groups of individuals
referred to in subsection (a), and appropriate memorial headstones and
markers may be erected to honor the memory of individuals referred to
in subsection (a) and section 2306(b) of this title.''.
(d) Applicability.--The amendments made by subsections (a) and (b)
shall apply to deaths occurring after the date of enactment of this
Act.
SEC. 4. FLEXIBILITY IN DOCKETING AND HEARING OF APPEALS BY BOARD OF
VETERANS' APPEALS.
(a) Postponement To Afford Hearing.--Subsection (a) of section 7107
of title 38, United States Code, is amended--
(1) in paragraph (1), by inserting ``paragraph (2) and''
after ``Except as provided in'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) A case referred to in paragraph (1) may be postponed for
later consideration and determination if such postponement is necessary
to afford the appellant a hearing.''.
(b) Scheduling of Field Hearings.--Subsection (d) of that section
is amended--
(1) in paragraph (2), by striking out ``in the order'' and
all that follows through the end and inserting in lieu thereof
``in accordance with the place of the case on the docket under
subsection (a) relative to other cases on the docket for which
hearings are scheduled to be held within that area.''; and
(2) by striking out paragraph (3) and inserting in lieu
thereof the following new paragraph (3):
``(3) A hearing to be held within an area served by a regional
office of the Department may, for cause shown, be advanced on motion
for an earlier hearing. Any such motion shall set forth succinctly the
grounds upon which it is based and may not be granted unless the case
involves interpretation of law of general application affecting other
claims or for other sufficient cause shown.''.
(c) Applicability.--The amendment made by subsection (b)(1) shall
apply to requests for hearing received by the Department of Veterans
Affairs on or after the date of enactment of this Act.
SEC. 5. COMMENCEMENT OF PERIOD FOR NOTICES OF APPEAL WITH COURT OF
VETERANS APPEALS.
Section 7266(a)(1) of title 38, United States Code, is amended by
striking out ``notice of the decision is mailed pursuant to section
7104(e) of this title'' and inserting in lieu thereof ``a copy of the
decision is mailed or sent to the claimant's authorized representative,
or mailed to the claimant if the claimant has no authorized
representative, pursuant to section 7104(e) of this title''.
SEC. 6. ASSESSMENT OF EFFECTIVENESS OF INSURANCE AND SURVIVOR BENEFITS
PROGRAMS FOR SURVIVORS OF VETERANS WITH SERVICE-CONNECTED
DISABILITIES.
(a) Report on Assessment.--Not later than May 1, 1999, the
Secretary of Veterans Affairs shall submit to the Committees on
Veterans' Affairs of the Senate and the House of Representatives a
report containing an assessment of the adequacy of the insurance and
survivor benefits programs of the Department of Veterans Affairs
(including the payment of dependency and indemnity compensation under
chapter 13 of title 38, United States Code) in meeting the needs of
survivors of veterans with service-connected disabilities, including
survivors of catastrophically disabled veterans who cared for such
veterans at great personal sacrifice.
(b) Report Elements.--The report on the assessment under subsection
(a) shall include the following:
(1) An identification of the characteristics that make a
disabled veteran catastrophically disabled.
(2) A statement of the number of veterans with service-
connected disabilities who participate in insurance programs
administered by the Department.
(3) A statement of the number of survivors of veterans with
service-connected disabilities who receive dependency and
indemnity compensation under chapter 13 of title 38, United
States Code.
(4) An assessment of the participation of veterans with
service-connected disabilities in the insurance programs
administered by the Department on the effectiveness and
administration of such programs.
(5) Data on veterans with service-connected disabilities
that are relevant to the insurance programs administered by the
Department, and an assessment how such data might be used to
better determine the cost above standard premium rates of
insuring veterans with service-connected disabilities under
such programs.
(6) An analysis of various methods of accounting and
providing for the additional cost of insuring the lives of
veterans with service-connected disabilities under the
insurance programs administered by the Department.
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