"(g) A veteran meets the service requirements of this section if he served in the active military, naval, or air service "(1) for ninety days or more during either World War I, World War II. the Korean conflict, or the Vietnam era; "(2) during World War I, World War II, the Korean conflict, or the Vietnam era, and was discharged or released from such service for a serviceconnected disability; "(3) for a period of ninety consecutive days or more and such period ending during World War I, or began or ended during World War II, the Korean conflict, or the Vietnam era; or 66 (4) for an aggregate of ninety days or more in two or more separate periods of service during more than one period of war." (c) The catchline of section 521 of title 38, United States Code, is amended to read as follows: "§ 521. Veterans of World War I, World War II, the Korean conflict, or the Vietnam era" (d) Subsection (a) of section 541 of title 38, United States Code, is amended to read as follows: "(a) The Administrator shall pay to the widow of each veteran of World War I, World War II, the Korean conflict, or the Vietnam era who met the service requirements of section 521 of this title, or who at the time of his death was receiving (or entitled to receive) compensation or retirement pay for a serviceconnected disability, pension at the rate prescribed by this section." (e) Paragraph (1) of subsection (e) of such section is amended to read as follows: "(1) before (A) December 14, 1944, in the case of a widow of a World War I veteran, or (B) January 1, 1957, in the case of a widow of a World War II veteran, or (C) February 1, 1965, in the case of a widow of a Korean conflict veteran, or (D) before the expiration of ten years following termination of the Vietnam era in the case of a widow of a Vietnam era veteran; or". (f) The catchline of section 541 of title 38, United States Code, is amended to read as follows: "S 541. Widows of World War I, World War II, Korean conflict, or Vietnam era veterans" (g) Subsection (a) of section 542 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam era". (h) The catchline of section 542 of title 38, United States Code, is amended to read as follows: “§ 542. Children of World War I, World War II, Korean conflict, or Vietnam era veterans" (i) The table of sections at the beginning of chapter 15 of title 38, United States Code, is amended by striking out "521. Veterans of World War I, World War II, or the Korean conflict.” and substituting in lieu thereof "521. Veterans of World War I, World War II, the Korean conflict, or the Vietnam era."; by striking out the subheading "WORLD WAR I, WORLD WAR II, AND, KOREAN CONFLICT" and substituting in lieu thereof "WORLD WAR I, WORLD WAR II, THE KOREAN CONFLICT, AND THE VIETNAM ERA"; by striking out "541. Widows of World War I, World War II, or Korean conflict veterans." and substituting in lieu thereof "541. Widows of World War I, World War II, Korean conflict, or Vietnam era veterans."; and by striking out "542. Children of World War I, World War II, or Korean conflict veterans." and substituting in lieu thereof "542. Children of World War I, World War II, Korean conflict, or Vietnam era veterans." (j) Chapter 15 of title 38, United States Code, is amended by striking out the subheading “WORLD WAR I, WORLD WAR II, AND THE KOREAN CONFLICT" immediately preceding section 541 of such title, and substituting in lieu thereof "WORLD WAR I, WORLD WAR II, THE KOREAN CONFLICT, AND THE VIETNAM ERA”. SEC. 4. (a) Section 602 of title 38, United States Code, is amended to read as follows: "§ 602. Presumption relating to psychosis "For the purposes of this chapter, any veteran of World War II, the Korean conflict, or the Vietnam era who developed an active psychosis (1) within two years after his discharge or release from the active military, naval, or air service, and (2) before July 26, 1949, in the case of a veteran of World War II, or February 1, 1957, in the case of a veteran of the Korean conflict, or before the expiration of two years following termination of the Vietnam era in the case of a Vietnam era veteran, shall be deemed to have incurred such disability in the active military, naval, or air service.”. (b) Subsection (h) of section 612 of title 38, United States Code, is amended to read as follows: "(h) Any veteran who as a veteran of World War I, World War II, the Korean conflict, or the Vietnam era is receiving increased pension under section 521(d) of this title based on need of regular aid and attendance may be furnished drugs or medicines ordered on prescription of a duly licensed physician as specific therapy in the treatment of an illness or injury suffered by the veteran." SEC. 5. (a) Section 1901 (a) of title 38, United States Code, is amended by striking out "World War II or the Korean conflict" and inserting in lieu thereof "World War II, the Korean conflict, or the Vietnam era”. (b) Section 1905 of title 38, United States Code, is amended to read as follows: "§ 1905. Applications "The benefits of this chapter shall be made available to any veteran who meets the eligibility requirements of this chapter and who makes application for such benefits in accordance with regulations prescribed by the Administrator." SEC. 6. Except as provided in section 7, the amendments made by the first section and sections 2 and 3 of this Act shall become effective on January 1, 1967. The amendments made by sections 4 and 5 of this Act shall become effective upon enactment. SEC. 7. (a) The amendments made by this Act relating to the payment of burial benefits in the case of veterans of the Vietnam era shall become effective on the date of enactment of this Act. (b) If the burial allowance authorized by section 902 of title 38, United States Code, is payable solely by virtue of the enactment of this Act, the two-year period for filing applications, referred to in section 904 of such title 38, shall not end, with respect to an individual whose death occurred prior to the enactment of this Act, before the expiration of the two-year period which begins on the date of enactment of this Act, or, in any case involving the correction of a discharge after the date of enactment of this Act, before the expiration of two years from the date of such correction. [H.R. 4786, 90th Cong., 1st sess.] A BILL To amend title 38 of the United States Code so as to extend to persons who served in the Armed Forces of the United States on or after August 5, 1964, the date of the Gulf of Tonkin incident, the same range of veterans' benefits heretofore provided veterans of other wars Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Vietnam Conflict Servicemen's Benefits Act of 1967". BASIC DEFINITIONS SEC. 2. (a) Paragraph (11) of section 101 of title 38, United States Code, is amended by inserting "the Vietnam conflict," immediately after "the Korean conflict,". (b) Such section is further amended by adding at the end thereof the following new paragraph: "(29) The term 'Vietnam conflict' means the period beginning August 5, 1964, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress." 75-968-67-10 PENSION SEC. 3. (a) Subsection (a) of section 521 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict." (b) Such section is further amended by (1) striking out "or the Korean conflict' in parargaphs (1) and (2) of subsection (g), and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict", and (2) striking out "or the Korean conflict" in paragraph (3) of such subsection (g), and inserting in lieu thereof ", the Korean conflict, or the Vietnam conflict,". (c) The catchline of section 521 of title 38, United States Code, is amended to read as follows: § 521. Veterans of World War I, World War II, the Korean conflict, or the Vietnam conflict" (d) Subsection (a) of section 541 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict". (e) Paragraph (1) of subsection (e) of such section is amended by inserting immediately after "Korean conflict veteran" the following: 66 or (D) before the expiration of ten years following termination of the Vietnam conflict in the case of a widow of a Vietnam conflict veteran”. (f) The catchline of section 541 of title 38, United States Code, is amended to read as follows: "S 541. Widows of World War I, World War II, Korean conflict, or Vietnam conflict veterans" (g) Subsection (a) of section 542 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict". (h) The catchline of section 542 of title 38, United States Code, is amended to read as follows: "§ 542. Children of World War I, World War II, Korean conflict, or Vietnam conflict veterans" (i) The table of sections at the beginning of chapter 15 of title 38, United States Code, is amended by striking out "521. Veterans of World War I, World War II, or the Korean conflict." and substituting in lieu thereof "521. Veterans of World War I, World War II, the Korean conflict, or the Vietnam conflict."; by striking out the subheading "WORLD WAR I, WORLD WAR II, AND THE KOREAN CONFLICT" and substituting in lieu thereof "WORLD WAR I, WORLD WAR II, THE KOREAN CONFLICT, AND THE VIETNAM CONFLICT": by striking out "541. Widows of World War 1, World War II, or Korean conflict veterans." and substituting in lieu thereof "541. Widows of World War I, World War II, Korean conflict, or Vietnam conflict veterans."; and by striking out "542. Children of World War I, World War II, or Korean conflict veterans." and substituting in lieu thereof "542. Children of World War I, World War II, Korean conflict, or Vietnam conflict veterans." (j) Chapter 15 of title 38, United States Code, is amended by striking out the subheading "WORLD WAR I, WORLD WAR II, AND THE KOREAN CONFLICT" immediately preceding section 541 of such title, and substituting in lieu thereof “WORLD WAR I, WORLD WAR II, THE KOREAN CONFLICT, AND THE VIETNAM CONFLICT." PRESUMPTION OF PHYCHOSIS FOR PURPOSES OF HOSPITAL AND MEDICAL CARE; PRESCRIPTION DRUGS AND MEDICINES FOR VETERANS IN NEED OF REGULAR AID AND ATTENDANCE SEC. 4. (a) Section 602 of title 38, United States Code, is amended to read as follows: " 602. Presumption relating to psychosis "For the purposes of this chapter, any veteran of World War II, the Korean conflict, or the Vietnam conflict who developed an active phychosis (1) within two years after his discharge or release from the active military, naval, or air service, and (2) before July 26, 1949, in the case of a veteran of World War II, or February 1, 1957, in the case of a veteran of the Korean conflict, or before the exporation of two years following termination of the Veitnam conflict in the case of a Vietnam conflict veteran, shall be deemed to have incurred such disability in the active military, naval, or air service." (b) Subsection (h) of section 612 of title 38, United State Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict or the Vietnam conflict". BURIAL FLAGS FOR INSERVICE DEATHS SEC. 5. Section 901 of title 38, United States Code, is amended by adding a new subsection "(d)" at the end thereof to read as follows: "(d) In the case of any person who died while in the active military, naval, or air service after May 27, 1941, and prior to the end of the Korean conflict, or who died, or dies, during the Vietnam conflict, the Administrator shall furnish a flag to the next of kin, or to such other person as the Administrator deems most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section, or under section 1482 (a) of title 10, United States Code." AUTOMOBILES FOR DISABLED VETERANS SEC. 6. (a) Section 1901 (a) of title 38, United States Code, is amended by striking out "World War II or the Korean conflict" and inserting in lieu thereof "World War II, the Korean conflict, or the Vietnam conflict." (b) Section 1905 of title 38, United States Code, is amended to read as follows: "S 1905. Applications "The benefits of this chapter shall be made available to any veteran who meets the eligibility requirements of this chapter and who makes application for such benefits in accordance with regulations prescribed by the Administrator." EFFECTIVE DATES SEC. 7. (a) Except as provided in subsection (b) of this section, the amendments made by sections 2(a) and 3 of this Act shall become effective on July 1, 1967. The amendments made by sections 2(b), 4, 5, 6, and 7 of this Act shall become effective upon enactment. (b) (1) The amendments made by this Act relating to the payment of burial benefits in the case of veterans of the Vietnam conflict shall become effective on the date of enactment of this Act. (2) In any case where the burial allowance authorized by section 902 of title 38, United States Code, is payable solely by virtue of the enactment of this Act, the two-year period for filing applications, referred to in section 904 of such title 38, shall not end, with respect to an individual whose death occurred prior to the enactment of this Act, before the expiration of the two-year period which begins on the date of enactment of this Act, or, in any case involving the correction of a discharge after the date of enactment of this Act, before the expiration of two years from the date of such correction. [H.R. 4861, 90th Cong., first sess.] A BILL To extend to persons who served in the Armed Forces of the United States on or after August 5, 1964, the date of the Gulf of Tonkin incident, the same range of veterans' benefits heretofore provided veterans of other wars, to improve the pension and certain other benefits now available to these servicemen and veterans, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Vietnam Conflict Servicemen and Veterans Act of 1967." TITLE I-EQUALIZATION OF BENEFITS FOR VIETNAM CONFLICT VETERANS BASIC DEFINITIONS SEC. 101. (a) Paragraph (11) of section 101 of title 38, United States Code, is amended by inserting "the Vietnam conflict," immediately after "the Korean conflict,". (b) Such section is further amended by adding at the end thereof the following new paragraph: "(29) The term 'Vietnam conflict' means the period beginning August 5, 1964, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress." PENSION SEC. 102. (a) Subsection (a) of section 521 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict." (b) Such section is further amended by (1) striking out "or the Korean conflict" in paragraphs (1) and (2) of subsection (g), and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict", and (2) striking out "or the Korean conflict" in paragraph (3) of such subsection (g), and inserting in lieu thereof ", the Korean conflict, or the Vietnam conflict". (c) The catchline of section 521 of title 38, United States Code, is amended to read as follows: "S 521. Veterans of World War I, World War II, the Korean conflict, or the Vietnam conflict". (d) Subsection (a) of section 541 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict". (e) Paragraph (1) of subsection (e) of such section is amended by inserting immediately after "Korean conflict veteran" the following: “, or (D) before the expiration of ten years following termination of the Vietnam conflict in the case of a widow of a Vietnam conflict veteran". (f) The catchline of section 541 of title 38, United States Code, is amended to read as follows: "541. Widows of World War I, World War II, Korean conflict, or Vietnam conflict veterans". (g) Subsection (a) of section 542 of title 38, United States Code, is amended by striking out "or the Korean conflict" and inserting in lieu thereof "the Korean conflict, or the Vietnam conflict". (h) The catchline of section 542 of title 38, United States Code, is amended to read as follows: § 542. Children of World War I, World War II, Korean conflict, or Vietnam conflict veterans". (i) The table of sections at the beginning of chapter 15 of title 38, United States Code, is amended by striking out "521. Veterans of World War I, World War II, or the Korean conflict." and substituting in lieu thereof |