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94TH CONGRESS 2D SESSION

S. 3596

IN THE SENATE OF THE UNITED STATES

JUNE 21 (legislative day, JUNE 18), 1976

Mr. HARTKE (for himself, Mr. TALMADGE, Mr. RANDOLPH, Mr. CRANSTON, Mr. STONE, Mr. DURKIN, Mr. HANSEN, Mr. THURMOND, Mr. STAFFORD, and Mr. HELMS) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

A BILL

To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans; to increase the rates of dependency and indemnity compensation for their survivors; and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Veterans Disability Com4 pensation and Survivor Benefits Act of 1976".

TITLE I-VETERANS DISABILITY

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SEC. 101. (a) Section 314 of title 38, United States

8 Code, is amended

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(1) by striking out in subsection (a) “$35” and inserting in lieu thereof "$38";

(2) by striking out in subsection (b) "$65" and inserting in lieu thereof "$70";

(3) by striking out in subsection (c) "$98" and inserting in lieu thereof "$106";

(4) by striking out in subsection (d) "$134" and inserting in lieu thereof "$145";

(5) by striking out in subsection (e) "$188" and inserting in lieu thereof "$203";

(6) by striking out in subsection (f) "$236" and inserting in lieu thereof "$255";

(7) by striking out in subsection (g) "$280" and inserting in lieu thereof "$302";

(8) by striking out in subsection (h) "$324" and inserting in lieu thereof "$350";

(9) by striking out in subsection (i) "$364" and inserting in lieu thereof "$393";

(10) by striking out in subsection (j) "$655" and inserting in lieu thereof "$707";

(11) by striking out in subsection (k) "$52" and "$814" and "$1,139" each time they appear and insert

ing in lieu thereof "$56" and "$879" and "$1,231”,

respectively;

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(12) by striking out in subsection (1) "$814" and inserting in lieu thereof "$879";

(13) by striking out in subsection (m) "$896" and inserting in lieu thereof "$968";

(14) by striking out in subsection (n) "$1,018" and inserting in lieu thereof "$1,099";

(15) by striking out in subsections (o) and (p) "$1,139" each time it appears and inserting in lieu thereof "$1,231";

(16) by striking out in subsection (r) "$489" and

11 "3203 (f)" and inserting in lieu thereof "$528" and "3203 (e)", respectively; and

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(17) by striking out in subsection (s) "$732" and inserting in lieu thereof "$791".

(b) The Administrator of Veterans' Affairs may adjust 16 administratively, consistent with the increases authorized by 17 this section, the rates of disability compensation payable to 18 persons within the purview of section 10 of Public Law 8519 857 who are not in receipt of compensation payable pursu20 ant to chapter 11 of title 38, United States Code.

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SEC. 102. Section 315 (1) of title 38, United States

22 Code, is amended

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(1) by striking out in subparagraph (A) "$40"

and inserting in lieu thereof "$43":

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(2) by striking out in subparagraph (B) "$67"

and inserting in lieu thereof "$72";

(3) by striking out in subparagraph (C) "$85"

and inserting in lieu thereof "$92";

(4) by striking out in subparagraph (D) "$105" and "$19" and inserting in lieu thereof "$113" and "$21", respectively;

(5) by striking out in subparagraph (E) "$26"

and inserting in lieu thereof "$28";

(6) by striking out in subparagraph (F) "$45" and inserting in lieu thereof "$49";

(7) by striking out in subparagraph (G) "$67" and "$19" and inserting in lieu thereof "$72" and

"$21", respectively;

(8) by striking out in subparagraph (H) "$32”

and inserting in lieu thereof "$35"; and

(9) by striking out in subparagraph (I) "$61"

and inserting in lieu thereof "$66".

TITLE II SURVIVORS DEPENDENCY AND

INDEMNITY COMPENSATION

SEC. 201. Section 411 of title 38, United States Code,

22 is amended to read as follows:

23 "§ 411. Dependency and indemnity compensation to a sur

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viving spouse

"(a) Dependency and indemnity compensation shall be

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1 paid to a surviving spouse, based on the pay grade of the 2 person upon whose death entitlement is predicated, at

3 monthly rates set forth in the following table:

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"If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the surviving spouse's rate shall be $382.

"If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by sec. 402 of this title, the surviving spouse's rate shall be $712.

"(b) If there is a surviving spouse with one or more 5 children below the age of eighteen of a deceased veteran, the 6 dependency and indemnity compensation paid monthly to the 7 surviving spouse shall be increased by $31 for each such 8 child.

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9 "(c) The monthly rate of dependency and indemnity compensation payable to a surviving spouse shall be increased 11 by $78 if the spouse is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person.". SEC. 202. Section 413 of title 38, United States Code, is

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15 amended to read as follows:

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"Whenever there is no surviving spouse of a deceased

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