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[H.R. 14666, 90th Cong., second sess.)

A BILL To amend title 38 of the United States Code to provide increases in the rates of

disability compensation, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 314 of title 38, United States Code, is amended

(1) by striking out “$21” in subsection (a) and inserting in lieu thereof "$40";

(2) by striking out "$40" in subsection (b) and inserting in lieu thereof "$80" ;

(3) by striking out “$60” in subsection (c) and inserting in lieu thereof "$120”;

(4) by striking out "$82" in subsection (d) and inserting in lieu thereof "$160";

(5) by striking out “$113” in subsection (e) and inserting in lieu thereof "$200";

(6) by striking out “$136” in subsection (f) and inserting in lieu thereof "$240";

(7) by striking out “$161" in subsection (g) and inserting in lieu thereof "$280";

(8) by striking out “$186" in subsection (h) and inserting in lieu thereof “$320”;

(9) by striking out "$209" in subsection (i) and inserting in lieu thereof “$360"; and

(10) by striking out “$300" in subsection (j) and inserting in lieu thereof “$400". (b) The Administrator of Veterans' Affairs may adjust administratively, consistent with the increase authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.

(H.R. 14721, 90th Cong., second sess.) A BILL To amend title 38 of the United States Code to provide increased pen

sions, disability compensation rates, to liberalize income limitations, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 314 of such title is amended

(1) by striking out "$21" in subsection (a) and inserting in lieu thereof “$33”;

(2) by striking out “$40" in subsection (b) and inserting in lieu thereof “$66";

(3) by striking out "$60" in subsection (c) and inserting in lieu thereof "$99" ;

(4) by striking out "$82" in subsection (d) and inserting in lieu thereof "$132" ;

(5) by striking out “$113” in subsection (e) and inserting in lieu thereof "$165";

(6) by striking out "$136” in subsection (f) and inserting in lieu thereof “$198" ;

(7) by striking out “$161" in subsection (g) and inserting in lieu thereof "$231”;

(8) by striking out “$186” in subsection (h) and inserting in lieu thereof “264";

(9) by striking out "$209” in subsection (i) and inserting in lieu thereof "$297”; and

(10) by striking out “$300" in subsection (j) and inserting in lieu thereof

"$330".

(b) The Administrator of Veterans' Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law

85–857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.

SEC. 2. The tables appearing in subsections (b) (1), (c), and (d) of section 415 of such title, in subsections. (b) and (é) of section 521 of such title, and in subsections (b) and (c) of section 541 of such title are each amended

(1) by striking out “$1,800" wherever it appears and inserting in lieu thereof “$2,400”, and

(2) by striking out “$3,000" wherever it appears and inserting in lieu thereof “$3,600". SEC. 3. (a) Parágraph (5) of seétion 503 of title 38, United States Code, is amended by inserting "and monthly benefit payments” immediately after “lump sum death payments”, and by inserting “and annuity or pension payments under chapter 9 of title 45" immediately before the semicolon at the end thereof.

(b) In computing the income of any person for the purpose of determining his eligibility for pension pursuant to the provisions of the first sentence of section 9(b) of the Veterans' Pension Act of 1959, there shall be excluded the corpus of his estate and any monthly benefit payments payable to such person under title II of the Social Security Act and any annuity and pension payments payable to such person under any public or private retirement plan, to which the veteran contributed during his working years.

Sec. 4. Section 521 (f) (1) of such title is amended by striking out "$1,200" and inserting in lieu thereof “$2,000”,

Sec. 5. The last sentence of subsection (a) of section 620 of such title is amended by striking out “except where in the judgment of the Administrator a longer period is warranted in the case of any veteran” and inserting in lieu thereof “except (A) in the case of a veteran with a service-connected disability, or (B) where in the judgment of the Administrator a longer period is warranted in the case of any other veteran”.

Sec. 6. (a) Section 622 of such title is amended by inserting “(a)” immediately before "For”, and by adding at the end thereof the following new section :

“(b) The Administrator is prohibited from requiring any further declaration from the applicant, including statements of assets or liabilities, for the purpose of determining inability to defray necessary expenses.”

(b) The Administrator of Veterans Affairs may not in the administration of the provisions of title 38, United States Code, or of any other veterans' benefit law with respect to pension or disability or indemnity compensation, require a report, statement, or any other form of declaration with respect to annual income from a person who has attained the age of 67 years.

Sec. 7. Sections 902 (a) and 903(a) of such title are each amended by striking out "$250" and inserting in lieu thereof “$350”.

SEC. 8. Section 5001 (a) (3) of such title is amended by striking out “four thousand" and inserting in lieu thereof “eight thousand”.

Sec. 9. (a) As soon as possible after the beginning of each calendar quarter, the Administrator of Veterans' Affairs shall determine the extent by which the price index in the preceding calendar quarter was higher than the price index in the applicable base period (as those terms are defined in subsection (e)). If he determines that the price index had risen by a percentage (of its level in the base period) equal to 3 per centum or more, the monthly rate of pension or dependency and indemnity compensation otherwise payable to any person under title 38, United States Code, or the first sentence of section 9(b) of the Veterans' Pension Act of 1959 shall be increased by the same percentage (adjusted to the nearest one-tenth of 1 per centum), effective with respect to monthly benefits under such title or Act of 1959 for months after the quarter in which the determination is made.

(b) In the case of any individual who first becomes entitled to a pension or dependency and indemnity compensation under such title in or after the month in which an increase becomes effective under subsection (a), the amount of the monthly rate payable to or with respect to him on the basis of such entitlement shall be determined by applying such increase (or, if more than one increase has become effective under subsection (a), by applying all such increases successively) to the amount of the monthly rate which would be payable under the provisions of such title without regard to this section.

(c) Any increase under subsection (a) shall apply with respect to all monthly rates payable under such title or such Act of 1959 during the period in which such increase is effective regardless of the provisions under which such monthly rates are payable or the manner in which such amounts are determined, but shall be applied with respect to monthly rates payable to or with respect to any

92-836—685

particular individual only after all of the other provisions of such title or Act of 1959 which relate to eligibility for and the amount of such rates, and all prior increases made in such rates under this section, have been applied.

(d) If the amount of the increase in any monthly rate under subsection (a) is not a multiple of $0.10, it shall be raised to the next higher multiple of $0.10 in the case of a multiple of $0.05 or adjusted to the nearest multiple of $0.10 in any other case. (e) For the purposes of this section

(1) the term "price index" means the Consumer Price Index (all itemsUnited States city average) published monthly by the Bureau of Labor Statistics; and the average level of the price index for the three months in any calendar quarter shall be deemed to be the level of the price index in such quarter; and (2) the term "base period” means

(A) the calendar quarter commencing July 1, 1965, with respect to the first increase under subsection (a), and

(B) the calendar quarter immediately preceding the quarter in which the determination constituting the basis of the most recent increase under subsection (a) was made, with respect to any increase under sub

section (a) after the first such increase. Sec. 10. The Administrator of Veterans' Affairs (hereafter referred to as the "Administrator") shall undertake a study and investigation of sites in each of the fifty States for use as Veterans Administration cemeteries. Upon completion of such study and investigation, the Administrator shall submit to the House Committee on Veterans' Affairs and the Senate Finance Committee a report on the results of such study and investigation together with his recommendation. The Administrator shall thereafter establish, operate, and maintain Veterans' Administration cemeteries at such places within such States as may be designated by the committees on the basis of the report submitted by him.

SEC. 11. (a) Except as provided in subsections (b) and (c), this Act shall take effect on the date of the enactment of this Act.

(b) The first section of this Act shall apply with respect to disability compensation payable for months after June 1967.

(c) Section 9 of this Act shall apply with respect to increases in monthly rates of pension or dependency and indemnity compensation payable under title 38, United States Code, or the first sentence of section 9(b) of the Veterans' Pension Act of 1959 for months in and after the second calendar quarter beginning after the date of the enactment of this Act.

[H.R. 14773, 90th Cong., second sess.) A BILL To amend title 38 of the United States Code to provide increased rates of dis

ability compensation, to provide increased rates of dependency and indemnity compensation and pension in the case of certain survivors, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 312 of title 38, United States Code, is amended

(1) by amending paragraph (1) to read as follows:

“(1) (A) a chronic disease becoming manifest to a degree of 10 per centum or more within one year from the date of separation from such service; or

“(B) a chronic disease becoming manifest to a degree of 10 per centum or more within five years from the date of separation from such service in the case of a veteran held as a prisoner of war for ninety days or more during such service;" and

(2) by inserting after paragraph (5) the following new paragraph: “(6) Parkinson's disease developing a 10 per centum degree of disability or more within seven years from the date of separation from such

service;". SEC. 2. Section 314 of such title is amended

(1) by striking out “$21” in subsection (a) and inserting in lieu thereof "$42" ;

(2) by striking out “$40” in subsection (b) and inserting in lieu thereof “$80";

(3) by striking out “$60" in subsection (c) and inserting in lieu thereof “$120" ;

(4) by striking out "$82" in subsection (d) and inserting in lieu thereof “$164";

(5) by striking out “$113” in subsection (e) and inserting in lieu thereof "$226" ;

(6) by striking out “$136” in subsection (f) and inserting in lieu thereof "$272" ;

(7) by striking out “$161” in subsection (g) and inserting in lieu thereof “$322" ;

(8) by striking out “$186" in subsection (h) and inserting in lieu thereof "$372'';

(9) by striking out “$209” in subsection (i) and inserting in lieu thereof “$418”;

(10) by striking out “$300” in subsection (j) and inserting in lieu thereof "$600";

(11) by striking out “$100” in subsection (1) and inserting in lieu thereof "$525”?;

(12) by striking out "$450” in subsection (m) and inserting in lieu thereof "$600";

(13) by striking out "$525" in subsection (n) and inserting in lieu thereof “$700";

(14) by striking out “$600" wherever it appears in subsections (0) and (p) and inserting in lieu thereof “$850";

(15) by striking out “$350” in subsection (s) and inserting in lieu thereof "$475"; and

(16) by adding at the end thereof the following new subsection :

"(t) If any veteran, otherwise entitled to the compensation authorized under subsection (1) or (m), is permanently unable to use prosthetic appliances as a result of organic conditions or complications which occur after

he becomes so entitled, the monthly compensation shall be $700.” SEC. 3. Section 411(a) of such title is amended by inserting immediately before the period the following: "plus $28 for each child”.

SEC. 4. (a) The table in subsection (b) (1) of section 415 of title 38, United State Code, is amended to appear as follows:

[blocks in formation]

(b) The table in subsection (c) of such section 415 is amended to appear as follows:

[blocks in formation]

$800

900 1,000 1, 100 1,200 1,300 1,400 1,500 1,600 1,700 1,800 1,900

$800

900
1.000
1,100
1,200
1,300
1,400
1,500
1,600
1,700
1,800
1,900
2,000

$83
77
70
63
56
50
41
33
28
23
19
16
14".

(c) The table in subsection (d) of such section 415 is amended to appear as follows:

[blocks in formation]

SEC. 5. Section 415 of such title is amended

(1) by striking out “The Administrator" in subsection (e) and inserting in lieu thereof "The Administrator shall, in determining annual income under this section, apply the income standards used in determining the dependency of a mother or father under section 315 and"; and

(2) by striking out subsection (g). SEC. 6. (a) Subchapter II of chapter 13 of such title is amended by adding at the end thereof the following:

"& 418. Aid and attendance allowance

“If any widow is entitled to pension under this subchapter and is in need of regular aid and attendance, the monthly rate of pension payable to her shall be increased by $50.".

(b) The analysis of such subchapter II, after the heading of such chapter, is amended by adding at the end thereof the following:

"418. Aid and attendance allowance."

SEC. 7. Section 542(c) of such title is amended to read as follows:

"(c) No pension shall be paid under this section to a child whose annual income, excluding earned income and monthly benefit payments under subchapter II of chapter 7 of title 42 of the Railroad Retirement Act of 1937, exceeds $1,800.”

Sec. 8. Sections 1902 and 1903 of such title are each amended by striking out "$1,600” wherever it appears and inserting in lieu thereof “$2,500".

SEC. 9. Paragraph (2) of section 5001 (a) of such title is amended by striking out “one hundred and twenty-five thousand" and inserting in lieu thereof "one hundred and fifty thousand".

SEC. 10. Any veteran entitled to compensation under subchapter IV of chapter 11 of title 38, United States Code, payable at the wartime rate under section 336 of such title, shall hereafter be entitled, if otherwise eligible, to any benefit under such title which, before the date of the enactment of this Act, was available only to a veteran entitled to compensation under subchapter II of such chapter.

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