Union Calendar No. 164

103D CONGRESS

1ST SESSION H. R. 3340

[Report No. 103–312]

A BILL

To amend 38, United States Code, to provide a

erans, and for other purposes.demnity compensation for survivors of such vetdisabilities and the rates of dependency and incompensation for veterans with service-connectedcost-of-living adjustment in the rates of disability

OCTOBER 28, 1993

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 164

103D CONGRESS

1ST SESSION H. R. 3340

[Report No. 103–312]

To amend 38, United States Code, to provide a cost-of-living adjustment

in the rates of disability compensation for veterans with service-connected

disabilities and the rates of dependency and indemnity compensation

for survivors of such veterans, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 21, 1993

Mr. SLATTERY (for himself, Mr. BILIRAKIS, Mr. MONTGOMERY, Mr. STUMP,

Mr. APPLEGATE, Mr. EVERETT, Mr. EVANS, Mr. STEARNS, Mr.

SANGMEISTER, Mr. KING, Mr. EDWARDS of Texas, Mr. TEJEDA, and Mr.

SPENCE) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

OCTOBER 28, 1993

Additional sponsors: Ms. BROWN of Florida, Mr. RIDGE, Mr. HEFNER, Mr.

RICHARDSON, Mr. STENHOLM, Mr. PAYNE of Virginia, Mr. PARKER, and

Mr. ORTIZ

OCTOBER 28, 1993

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend 38, United States Code, to provide a cost-ofliving adjustment in the rates of disability compensation

for veterans with service-connected disabilities and the
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rates of dependency and indemnity compensation for survivors of such veterans, 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 SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNIT4 ED STATES CODE.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Veterans’ Benefits Compensation Rates Amendments of

7 1993’’.

8 (b) REFERENCES.—Except as otherwise expressly

9 provided, whenever in this Act an amendment or repeal

10 is expressed in terms of an amendment to, or repeal of,

11 a section or other provision, the reference shall be consid12 ered to be made to a section or other provision of title

13 38, United States Code.

14 TITLE I—COMPENSATION AND DIC RATE

15 INCREASES

16 SEC. 101.2. DISABILITY COMPENSATION.

17 Section 1114 is amended—

18 (1) by striking out ‘‘$85’’ in subsection (a) and

19 inserting in lieu thereof ‘‘$87’’;

20 (2) by striking out ‘‘$162’’ in subsection (b)

21 and inserting in lieu thereof ‘‘$166’’;

22 (3) by striking out ‘‘$247’’ in subsection (c)

23 and inserting in lieu thereof ‘‘$253’’;
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1 (4) by striking out ‘‘$352’’ in subsection (d)

2 and inserting in lieu thereof ‘‘$361’’;

3 (5) by striking out ‘‘$502’’ in subsection (e)

4 and inserting in lieu thereof ‘‘$515’’;

5 (6) by striking out ‘‘$632’’ in subsection (f)

6 and inserting in lieu thereof ‘‘$639’’ $648’’;

7 (7) by striking out ‘‘$799’’ in subsection (g)

8 and inserting in lieu thereof ‘‘$819’’;

9 (8) by striking out ‘‘$924’’ in subsection (h)

10 and inserting in lieu thereof ‘‘$948’’;

11 (9) by striking out ‘‘$1,040’’ in subsection (i)

12 and inserting in lieu thereof ‘‘$1,067’’;

13 (10) by striking out ‘‘$1,730’’ in subsection (j)

14 and inserting in lieu thereof ‘‘$1,774’’;

15 (11) by striking out ‘‘$2,152’’ and ‘‘$3,015’’ in

16 subsection (k) and inserting in lieu thereof ‘‘$2,207’’

17 and ‘‘$3,093’’, respectively;

18 (12) by striking out ‘‘$2,152’’ in subsection (l)

19 and inserting in lieu thereof ‘‘$2,207’’;

20 (13) by striking out ‘‘$2,371’’ in subsection (m)

21 and inserting in lieu thereof ‘‘$2,432’’;

22 (14) by striking out ‘‘$2,698’’ in subsection (n)

23 and inserting in lieu thereof ‘‘$2,768’’;
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1 (15) by striking out ‘‘$3,015’’ each place it ap2 pears in subsections (o) and (p) and inserting in lieu

3 thereof ‘‘$3,093’’;

4 (16) by striking out ‘‘$1,295’’ and ‘‘$1,928’’ in

5 subsection (r) and inserting in lieu thereof ‘‘$1,328’’

6 and ‘‘$1,978’’, respectively; and

7 (17) by striking out $1,935’’ in subsection (s)

8 and inserting in lieu thereof ‘‘$1,985’’.

9 SEC. 102. 3. ADDITIONAL COMPENSATION FOR DEPEND10 ENTS.

11 Section 1115(1) is amended—

12 (1) by striking out ‘‘$103’’ in clause (A) and

13 inserting in lieu thereof ‘‘$105’’;

14 (2) by striking out ‘‘$174’’ and ‘‘$54’’ in clause

15 (B) and inserting in lieu thereof ‘‘$178’’ and ‘‘$55’’,

16 respectively;

17 (3) by striking out ‘‘$71’’ and ‘‘$54’’ in clause

18 (C) and inserting in lieu thereof ‘‘$72’’ and ‘‘$55’’,

19 respectively;

20 (4) by striking out ‘‘$82’’ in clause (D) and in21 serting in lieu thereof ‘‘$84’’;

22 (5) by striking out ‘‘$191’’ in clause (E) and

23 inserting in lieu thereof ‘‘$195’’; and

24 (6) by striking out ‘‘$160’’ in clause (F) and

25 inserting in lieu thereof ‘‘$164’’.
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1 SEC. 103. 4. CLOTHING ALLOWANCE FOR CERTAIN DIS2 ABLED VETERANS.

3 Section 1162 is amended by striking out ‘‘$466’’ and

4 inserting in lieu thereof ‘‘$478’’.

5 SEC. 104. 5. DEPENDENCY AND INDEMNITY COMPENSATION

6 FOR SURVIVING SPOUSES.

7 Section 1311 is amended—

8 (1) in subsection (a)(1), by striking out ‘‘$750’’

9 and inserting in lieu thereof ‘‘$769’’;

10 (2) in subsection (a)(2), by striking out ‘‘$165’’

11 and inserting in lieu thereof ‘‘$169’’;

12 (3) in subsection (a)(3), by striking out the

13 table therein and inserting in lieu thereof the follow14 ing:

Monthly Monthly

‘‘Pay grade rate Pay grade ...................... rate

E–7 ........................ $794 O–3 ........................ $897

E–8 ........................ 838 O–4 ........................ 948

E–9 ........................ 1 875 O–5 ........................ 1,044

W–1 ....................... 812 O–6 ........................ 1,177

W–2 ....................... 844 O–7 ........................ 1,271

W–3 ....................... 869 O–8 ........................ 1,392

W–4 ....................... 920 O–9 ........................ 1,492

O–1 ........................ 812 O–10 ...................... 2 1,636

O–2 ........................ 838 ........................................ ................

‘‘1 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 section 402 of this title, the surviving

spouse’s rate shall be $943.

‘‘2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff

of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine

Corps, or Commandant of the Coast Guard, at the applicable time designated by section 402 of

this title, the surviving spouse’s rate shall be $1,743 $1,753.’’;

15 (4) in subsection (c), by striking out ‘‘$191’’

16 and inserting in lieu thereof ‘‘$195’’; and

17 (5) in subsection (d), by striking out ‘‘$93’’ and

18 inserting in lieu thereof ‘‘$95’’.
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1 SEC. 105. 6. DEPENDENCY AND INDEMNITY COMPENSATION

2 FOR CHILDREN.

3 (a) DIC FOR ORPHAN CHILDREN.—Section 1313(a)

4 is amended—

5 (1) by striking out ‘‘$319’’ in clause (1) and in6 serting in lieu thereof ‘‘$327’’;

7 (2) by striking out ‘‘$460’’ in clause (2) and in8 serting in lieu thereof ‘‘$471’’;

9 (3) by striking out ‘‘$595’’ in clause (3) and in10 serting in lieu thereof ‘‘$610’’; and

11 (4) by striking out ‘‘$595’’ and ‘‘$117’’ in

12 clause (4) and inserting in lieu thereof ‘‘$610’’ and

13 ‘‘$120’’, respectively.

14 (b) SUPPLEMENTAL DIC FOR DISABLED ADULT

15 CHILDREN.—Section 1314 is amended—

16 (1) by striking out ‘‘$191’’ in subsection (a)

17 and inserting in lieu thereof ‘‘$195’’;

18 (2) by striking out ‘‘$319’’ in subsection (b)

19 and inserting in lieu thereof ‘‘$327’’; and

20 (3) by striking out ‘‘$162’’ in subsection (c)

21 and inserting in lieu thereof ‘‘$166’’.

22 SEC. 106.7. EFFECTIVE DATE.

23 The amendments made by this titleActshall take ef24 fect on December 1, 1993.
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1 TITLE II—BENEFITS FOR

2 UNREMARRIED SURVIVING

3 SPOUSES

4 SEC. 201. SPECIAL DEATH GRATUITY FOR UNREMARRIED

5 SURVIVING SPOUSES.

6 (a) IN GENERAL.—Chapter 13 is amended by adding

7 at the end of subchapter II the following new section:

8 ‘‘§ 1319. Special death gratuity

9 ‘‘In any case in which benefits under this chapter

10 have been terminated or denied as the result of a marriage

11 by a surviving spouse and in which such marriage has sub12 sequently been terminated by death or divorce, a special

13 monthly death gratuity shall be payable to an unremarried

14 surviving spouse in an amount equal to the amount pay15 able under section 1311(a)(1) of this title, subject to a

16 reduction of $1 for each $1 of income countable under

17 section 1315(f)(1) of this title.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of such chapter is amended by inserting

20 after the item relating to section 1318 the following new

21 item:

‘‘1319. Special death gratuity.’’.

22 SEC. 202. RESTORATION OF PENSION ELIGIBILITY FOR

23 UNREMARRIED SPOUSES.

24 Section 1501 is amended by adding at the end the

25 following new paragraph:
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1 ‘‘(5) The term ‘surviving spouse’ includes the spouse

2 of a deceased veteran whose eligibility for benefits under

3 this chapter as a surviving spouse was terminated or de4 nied by reason of a subsequent remarriage if such subse5 quent remarriage is terminated by death or divorce.’’.

6 SEC. 203. RESTORATION OF BURIAL ELIGIBILITY FOR

7 UNREMARRIED SPOUSES.

8 Section 2402(5) is amended by inserting ‘‘(which for

9 purposes of this chapter includes an unremarried surviving

10 spouse who had a subsequent remarriage which was termi11 nated by death or divorce)’’ after ‘‘surviving spouse’’.

12 SEC. 204. EFFECTIVE DATE.

13 (a) IN GENERAL.—Subject to subsection (b), the

14 amendments made by sections 201 and 202 shall take ef15 fect on December 1, 1994.

16 (b) CONTINGENCY.—The amendments made by sec17 tions 201 and 202 shall not take effect if there has not

18 been enacted as of December 1, 1994, a law providing a

19 cost of living adjustment in the rates of compensation pay20 able under chapter 11 or dependency and indemnity com21 pensation payable under chapter 13 of title 38, United

22 States Code, for fiscal year 1995.
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1 TITLE III—COST SAVINGS

2 PROVISION

3 SEC. 301. POLICY REGARDING COST OF LIVING ADJUST4 MENT IN COMPENSATION RATES FOR FISCAL

5 YEAR 1995.

6 The fiscal year 1995 cost of living adjustments in the

7 rates of and limitations for compensation payable under

8 chapter 11 of title 38, United States Code, and of depend9 ency and indemnity compensation payable under chapter

10 13 of such title will be no more than a percentage equal

11 to the percentage by which benefit amounts payable under

12 title II of the Social Security Act (42 U.S.C. 401 et seq.)

13 are increased effective December 1, 1994, as a result of

14 a determination under section 215(i) of such Act (42

15 U.S.C. 415(i)), with all increased monthly rates and limi16 tations (other than increased rates or limitations equal to

17 a whole dollar amount) rounded down to the next lower

18 dollar.

Amend the title so as to read: ‘‘A bill to amend title

38, United States Code, to provide a cost-of-living adjustment in the rates of disability compensation for veterans

with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of

such veterans.’’.