An Act to amend title 38 of the United States Code to increase the rates of disability and death pension and to increase the rates of dependency and indemnity compensation for parents, and for other purposes.
PL 94-432 (H.R.14298), enacted 09/30/1976

PUBLIC LAW 94-432—SEPT. 30, 1976 
90 STAT. 1369 
Public Law 94-432 
94th Congress 
An Act 
To amend title 38 of the United States Code to increase the rates of disability 
and death pension and to increase the rates of dependency and indemnity 
compensation for parents, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Veterans and Survivors Pension Adjustment Act of 
1976". 
TITLE I—EXTENSION OF CERTAIN INTERIM ADJUST-
MENTS OF PENSION AND OF DEPENDENCY AND IN-
DEMNITY COMPENSATION RATES UNTIL JANUARY 1, 
1977 
SEC. 101. Sections 102,103,104,105,107, 201, and 202 of Public Law 
94^169 (89 Stat. 1014) are each amended by striking out "for the 
period beginning January 1, 1976, and ending September 30, 1976" 
and inserting in lieu thereof "January 1, 1976". 
TITLE II—VETERANS' AND SURVIVORS' PENSIONS 
SEC. 201. Section 502(a) of title 38, United States Code, is amended 
by inserting immediately after "or older" the following: "or became 
unemployable after age 65,". 
SEC. 202. Section 521 of title 38, United States Code, is amended— 
(1) by amending the table in section (b) (1) to read as follows: 
Sept. 30, 1976 
[H.R. 14298] 
Veterans and 
Survivors 
Pension 
Adjustment Act 
of 1976. 
38 u s e 101 note. 
38 u s e 521, 
541, 542 note, 
544 note, 521 
notes, 415 note, 
322 note. 
Disability 
determinations. 
Unmarried 
veterans. 
38 u s e 521. 
1 lie nioiii'niy rdis oi pension ~ 
shall be $185 reduced by— 
$0.00 
.03 
.04 
.05 
.06 
.07 
.08 
(2) by striking out 
in lieu thereof "$3,540 
(3) by amending 
follows: 
"The monthly rate of pension 
for a veteran shall be— 
$199 if he or she has one 
dependent; $204 if he or she -
has two dependents; and 
$209 if he or she has three or 
more dependents; reduced 
b y -
$0.00 
.02 
.03 
.04 
.OS 
^06 
m 
.06 
For each $1 of annual income 
Which is more than— 
"$3,300 
) 
0 
$300 
500 
700 
900 
1,500 
1,800 
" in subsection 
But not more than— 
$300 
600 
700 
900 
1,500 
1,800 
3,540"; 
(b) (3) and inserting 
the table in subsection (c)(1) to read as 
Which] 
\ 
For each $1 of annua) income 
s more than— 
0 
$500 
700 
1.100 
2,400 
3,100 
3,500 
3,700 
But not more than— 
$500 
700 
1,100 
2,400 
3,100 
3,500 
3,700 
4,760"; 
Married veterans 
/ 
90 STAT. 1370 
PUBLIC LAW 94-432—SEPT. 30, 1976 
38 use 521. 
Surviving spouse 
with no children. 
38 u s e 541 note. 
(4) by striking out "$4,500" in subsection (c) (3) and inserting 
in lieu thereof "$4,760"; 
(5) by amending subsection (d) to read as follows: 
"(d)(1) If the veteran is in need of regular aid and attendance, 
the monthly rate payable to such veteran under subsection (b) or (c) 
shall be increased by $155. 
"(2) In any case in which— 
"(A) any veteran is denied pension under subsection (b) or (c) 
of this section solely for the reason that his annual income exceeds 
the maxinmm income limitation set forth in such subsection, or 
"(B) payment of pension to any veteran under such subsection (b) 
or (c) is discontinued for such reason, 
and such veteran is in need of aid and attendance, such veteran shall 
be entitled to a monthly rate of $155 reduced by 16.6 per centum for 
each $100, or portion thereof, by which the veteran's annual income 
exceeds the applicable maximum annual income limitation; but no 
monthly rate shall be payable under this paragraph if the veteran's 
annual income exceeds such limitation by more than $500.". 
(6) by striking out "$53" in subsection (e) and inserting in lieu 
thereof "$57"; and 
(7) by adding at the end thereof the following new paragraph: 
"(h) The rate of pension payable to any veteran receiving benefits 
under subsections (b), (c), (d), and (e) of this section shall be 
increased by 25 per centum beginning on the first day of the month 
(luring which the veteran attains age 78.". 
SEC. 203. Section 541 of title 38, United States Code, is amended— 
(1) by amending the table in subsection (b)(1) to read as 
follows: 
Surviving spouse 
with one child. 
'The monthly rate of pension 
shall be $125 reduced by— 
For each $1 of annual income 
Which is more 
0 
$300 
600 
900 
1,200 
2,300 
than— 
But not more 
$300 
600 
900 
1,200 
2,300 
3,540" 
than— 
(2) by striking out "$3,300" in subsection (b) (3) and inserting 
in lieu thereof "$3,540"; 
(3) by amending the table in subsection (c) (1) to read as 
follows: 
'The monthly rate of pension 
shall be $149 reduced by— 
For each $1 of annual income 
Which is more than-
But not more than-
$0.00 
.01 
.02 
.03 
.04 
.05 
0 
$700 
1,100 
1,700 
2,500 
3,300 
$700 
1,100 
1,700 
2, 
.500 
3.300 
4,760" 
(4) by striking out "$4,500" in subsection (c) (2) and inserting 
in lieu thereof "$4,760"; and 
(5) by striking out "$22" in subsection (d) and inserting in lieu 
thereof "$24". 
PUBLIC LAW 94-432--SEPT. 30, 1976 
90 STAT. 1371 
SEC. 204. Section 542 of title 38, United States Code, is amended— 
(1) by striking out "$53" and "$22" in subsection (a) and 
inserting in lieu thereof "$57" and "$24", respectively; and 
(2) by striking out "$2,700" in subsection (c) and inserting in 
lieu thereof "$2,890". 
SEC. 205. Section 644 of title 38, United States Code, is amended by 
striking out "$69" and inserting in lieu thereof "$74". 
SEC. 206. Section 4 of Public Law 90-275 (82 Stat. 68) is amended 38 USC 521 note, 
to read as follows: 
"SEC. 4. The annual income limitations governing payment of pen-
sion under the first sentence of section 9(b) of the Veterans' Pension 
Act of 1959 hereafter shall be $3,100 and $4,460 instead of $2,900 and 38 USC 521 note. 
$4,200, respectively.". 
TITLE III—DEPENDENCY AND INDEMNITY 
COMPENSATION FOR PARENTS 
SEC. 301. Section 415 of title 38, United States Code, is amended— One parent. 
(1) by amending the table in subsection (b)(1) to read as 38 USC 415. 
follows: 
" T h e monthly rate of depend-
ency and indemnity compen- -
sation shall be $ 1 ^ reduced 
b y -
$0.00 
.03 
.04 
.05 
.oe 
.08 
For each $1 of annual 
Which is more than— 
0 
$800 
1,000 
1,200 
1,4G0 
1,600 
income 
But not more than— 
$800 
1,000 
1,200 
1,400 
1,600 
3,540"; 
(2) by striking out "$3,300" in subsection (b) (3) and inserting 
in lieu thereof "^,540"; 
(3) by amending the table in subsection (c) (1) to read as Two parents, 
follows: 
" T h e monthly rate of depend-
sation shall be $100 reduced 
b y -
$0.00 
.02 
.04 
.05 
.06 
For each $1 of annual 
Which is more 
0 
$800 
1,100 
1,300 
2,300 
than— 
income of such parent 
But not more than— 
$800 
1,100 
1,300 
2,300 
3,540"; 
(4). by striking out "$3,300" in subsection (c) (3) and inserting 
in lieu thereof "$3,540"; 
(5) by amending the table in subsection (d) (1) to read as 
follows: 
"The monthly rate of de- 
For each $1 of the total combined annual income 
pendency and indemnity 
compensation shall be $96 
Which Is more than— 
But not more than— 
reduced by— 
$0.00 
0 
$1,000 
.02 
$1,000 
2,100 
.03 
2,100 
3,100 
.04 
3,100 
3,800 
.05 
3,800 
4,760"; 
90 STAT. 1372 
PUBLIC LAW 94-432—SEPT. 30, 1976 
38 use 415. 
Dependent 
parents. 
38 u s e 3001 et 
seq. 
38 u s e 3006. 
Nonservice-
connected 
disability or 
death. 
38 u s e 501 note. 
38 u s e 501 et 
seq. 
Report to 
Congress and 
President. 
(6) by striking out "$4,500" in subsection (d) (3) and insert-
ing in lieu thereof "$4,760"; and 
(7) by striking out "$69" in subsection (h) and inserting in 
lieu thereof "$74". 
TITLE IV—MISCELLANEOUS AND EFFECTIVE 
DATE PKOVISIONS 
SEC. 401. Section 322(b) of title 38, United States Code, is amended 
by striking out "$69" and inserting in lieu thereof "$74". 
SEC. 402. Subsection 102(a) (2) of title 38, United States Code, is 
amended to read as follows: 
"(2) Dependency of a parent shall not be denied (A) solely because 
of remarriage, or (B) in any case in any State where the monthly 
income for a mother or father does not exceed minimum levels which 
the Administrator shall prescribe by regulation, giving due regard 
to the marital status of the mother or father and additional members 
of the family whom the mother or father is under a moral or legal 
obligation to support.". 
SEC. 403. Chapter 51 of title 38, United States Code, is amended as 
follows: 
(1) the analysis of subchapter I is amended by adding at the 
end the following: 
"3006. Furnishing of information by other agencies."; 
a n d 
(2) subchapter I is amended by adding at the end thereof the 
following new section: 
*
*
§ 3066. Furnishing of information by other agencies 
"The head of any Federal department or agency shall provide such 
information to the Administrator as he may request for purposes of 
determining eligibility for or amount of benefits, or veriiying other 
information with respect thereto.". 
SEC. 404. (a) The Congress finds and declares that the pension pro-
gram for nonservice-connected disability or death, authorized in chap-
ter 15 of title 38, United States Code, and administered by the 
Veterans' Administration— 
(1) does not provide sufficient assistance to meet the needs of 
some eligible veterans and survivors; 
(2) has developed some inconsistencies, inequities, and anoma-
lies which prevent it from operating in the most efficient and equi-
table manner; and 
(3) subjects many pensioners annually to reductions in their 
pensions. 
The Congress further finds and declares that it lacks sufficient long-
range information as to actual and anticipated financial characteristics 
of potential pensioners (and their families) upon which to estimate 
costs of existing alternative pension programs. 
(b) No later than October 1, 1977, the Administrator of Veterans' 
Affairs shall submit a report to Congress and the President. The report 
shall contain the findings and recommendations of a comprehensive 
investigation, analysis, and evaluation of existing and alternative non-
service-connected pension programs, and shall include, but not be lim-
ited to, the following: 
(1) Income characteristics of veterans and survivors currently 
in receipt of nonservice-connected pension. 
PUBLIC LAW 94-432—SEPT. 30, 1976 
90 STAT. 1373 
(2) Actual and anticipated long-term financial characteristics 
of pensioners including those veterans and survivors (and their 
families) who may be potentially eligible for benefits under the 
nonservice-connected pension program during the next 25 years. 
(3) Identification and analysis of existing inequities, anomalies, 
and inconsistencies contained in the current nonservice-connected 
pension program. 
(4) Current and proposed income exclusions. 
(5) Particular problems and needs of catastrophically disabled ' 
nonservice-connected pensioners. 
(6) Alternative proposals which— 
(A) assure a level of income for eligible veterans at or 
above the national minimum standard of need; 
(B) treat similarly circumstanced pensioners alike; and 
(C) provide the greatest amount of assistance to those with 
the greatest amount of need. 
(c) On the basis of the investigation, analysis, and evaluation 
required to be made in subsection (b), the report shall identify alter-
native courses of legislative or administrative action (including pro-
posed legislation) and long-range cost estimates therefor which, in the 
judgment of the Administrator, would result in a more equitable non-
service-connected pension program. 
SEC. 405. (a) The provisions of this Act, other than titles II and III 
Effective dates, 
and section 401, shall take effect on the date of the enactment of this 38 USC 521 note. 
Act. 
(b) Titles II and III and section 401 of this Act shall take effect 
January 1, 1977. 
Approved September 30, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1269 (Comm. on Veterans' Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
June 21, considered and passed House. 
Aug. 4, considered and passed Senate, amended. 
Sept. 9, House concurred in Senate amendment with an amendment. 
Sept. 20, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 40: 
Sept. 30, Presidential statement.