Text: H.R.5326 — 101st Congress (1989-1990)All Information (Except Text)

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Union Calendar No. 528
101st CONGRESS
2d Session
H. R. 5326
[Report No. 101-857]
A BILL
To amend title 38, United States Code, to revise the rates of disability
compensation for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of such veterans, to make
miscellaneous improvements in veterans' compensation and pension programs,
to provide a presumption of service-connection between the occurrence of
certain diseases incurred by veterans of active service in Vietnam during the
Vietnam era and exposure to certain toxic herbicide agents used in Vietnam,
and for other purposes.
October 13, 1990
Reported with amendments, committed to the Committee of the Whole House on
the State of the Union, and ordered to be printed
HR 5326 RH
Union Calendar No. 528
101st CONGRESS
2d Session
 H. R. 5326
[Report No. 101-857]
To amend title 38, United States Code, to revise the rates of disability
compensation for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of such veterans, to make
miscellaneous improvements in veterans' compensation and pension programs,
to provide a presumption of service-connection between the occurrence of
certain diseases incurred by veterans of active service in Vietnam during the
Vietnam era and exposure to certain toxic herbicide agents used in Vietnam,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 20, 1990
Mr. APPLEGATE introduced the following bill; which was referred to the
Committee on Veterans' Affairs
October 13, 1990
Additional sponsors: Mr. JOHNSON of South Dakota, Mr. BROWN of California,
Mr. MACHTLEY, Mr. EDWARDS of California, Mr. EVANS, Mr. STAGGERS,
Mr. KENNEDY, Mrs. PATTERSON, Mr. JONTZ, Mr. MORRISON of Connecticut, Ms. LONG,
Mr. HOCHBRUECKNER, Mr. WYLIE, Mr. MCEWEN, Mr. SANGMEISTER, Mr. BURTON of
Indiana, Mr. JONES of Georgia, Mr. BILIRAKIS, Mr. ROWLAND of Connecticut,
Mr. SMITH of New Hampshire, Mr. BROWDER, and Mr. Richardson
October 13, 1990
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 title 38, United States Code, to revise the rates of disability
compensation for veterans with service-connected disabilities and the rates of
dependency and indemnity compensation for survivors of such veterans, to make
miscellaneous improvements in veterans' compensation and pension programs,
to provide a presumption of service-connection between the occurrence of
certain diseases incurred by veterans of active service in Vietnam during the
Vietnam era and exposure to certain toxic herbicide agents used in Vietnam,
and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE, AND TO
SECRETARY OF VETERANS AFFAIRS.
  (a) SHORT TITLE- This Act may be cited as the `Veterans' Compensation
  Amendments of 1990'.
  (b) REFERENCES TO TITLE 38- Except as otherwise expressly provided, whenever
  in this Act an amendment or repeal is expressed in terms of an amendment to,
  or repeal of, a section or other provision, the reference shall be considered
  to be made to a section or other provision of title 38, United States Code.
  (c) REFERENCES TO SECRETARY- Except as otherwise expressly provided, any
  reference in this Act to `the Secretary' is a reference to the Secretary
  of Veterans Affairs.
 [Struck out->] TITLE I--COMPENSATION RATE INCREASES [] SEC. 101. DISABILITY COMPENSATION. []   (a) 4.5 PERCENT INCREASE- Section 314 is amended--
 []   (1) by striking out `$76' in subsection (a) and inserting
 in lieu thereof `$79'; []   (2) by striking out `$144' in subsection (b) and inserting
 in lieu thereof `$150'; []   (3) by striking out `$220' in subsection (c) and inserting
 in lieu thereof `$230'; []   (4) by striking out `$314' in subsection (d) and inserting
 in lieu thereof `$328'; []   (5) by striking out `$446' in subsection (e) and inserting
 in lieu thereof `$466'; []   (6) by striking out `$562' in subsection (f) and inserting
 in lieu thereof `$587'; []   (7) by striking out `$710' in subsection (g) and inserting
 in lieu thereof `$742'; []   (8) by striking out `$821' in subsection (h) and inserting
 in lieu thereof `$858'; []   (9) by striking out `$925' in subsection (i) and inserting
 in lieu thereof `$967'; []   (10) by striking out `$1,537' in subsection (j) and
 inserting in lieu thereof `$1,606'; []   (11) in subsection (k)-- []   (A) by striking out `$66' both places it appears and
 inserting in lieu thereof `$69'; and []   (B) by striking out `$1,911' and `$2,679' and inserting
 in lieu thereof `$1,997' and `$2,800', respectively; []   (12) by striking out `$1,911' in subsection (l) and
 inserting in lieu thereof `$1,997'; []   (13) by striking out `$2,107' in subsection (m) and
 inserting in lieu thereof `$2,202'; []   (14) by striking out `$2,397' in subsection (n) and
 inserting in lieu thereof `$2,505'; []   (15) by striking out `$2,679' each place it appears in
 subsections (o) and (p) and inserting in lieu thereof `$2,800'; []   (16) by striking out `$1,150' and `$1,713' in subsection
 (r) and inserting in lieu thereof `$1,202' and `$1,790', respectively; and
 []   (17) by striking out `$1,720' in subsection (s) and
 inserting in lieu thereof `$1,797'. []   (b) SPECIAL RULE- The Secretary 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. 102. ADDITIONAL COMPENSATION FOR DEPENDENTS. []   Section 315(1) is amended-- []   (1) by striking out `$92' in clause (A) and inserting in
 lieu thereof `$96'; []   (2) by striking out `$155' and `$48' in clause (B) and
 inserting in lieu thereof `$162' and `$50', respectively; []   (3) by striking out `$64' and `$48' in clause (C) and
 inserting in lieu thereof `$67' and `$50', respectively; []   (4) by striking out `$74' in clause (D) and inserting in
 lieu thereof `$77'; []   (5) by striking out `$169' in clause (E) and inserting in
 lieu thereof `$177'; and []   (6) by striking out `$142' in clause (F) and inserting in
 lieu thereof `$148'. [] SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN DISABLED
 VETERANS. []   Section 362 is amended by striking out `$414' and inserting
 in lieu thereof `$433'. [] SEC. 104. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING
 SPOUSES. []   Section 411 is amended-- []   (1) by striking out the table in subsection (a) and
 inserting in lieu thereof the following: []   []   []   []   []   []   []   []   []   []   []   []   []   []   [] ` 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 $868. [] ` 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 $1,620.'; []   (2) by striking out `$65' in subsection (b) and inserting
 in lieu thereof `$68'; []   (3) by striking out `$169' in subsection (c) and inserting
 in lieu thereof `$177'; and []   (4) by striking out `$83' in subsection (d) and inserting
 in lieu thereof `$87'. [] SEC. 105. DEPENDENCY AND INDEMNITY COMPENSATION FOR
 CHILDREN. []   (a) DIC FOR ORPHAN CHILDREN- Section 413(a) is amended--
 []   (1) by striking out `$284' in clause (1) and inserting in
 lieu thereof `$297'; []   (2) by striking out `$409' in clause (2) and inserting in
 lieu thereof `$427'; []   (3) by striking out `$529' in clause (3) and inserting in
 lieu thereof `$553'; and []   (4) by striking out `$529' and `$105' in clause (4) and
 inserting in lieu thereof `$553' and `$110', respectively. []   (b) SUPPLEMENTAL DIC FOR DISABLED ADULT CHILDREN- Section
 414 is amended-- []   (1) by striking out `$169' in subsection (a) and inserting
 in lieu thereof `$177'; []   (2) by striking out `$284' in subsection (b) and inserting
 in lieu thereof `$297'; and []   (3) by striking out `$144' in subsection (c) and inserting
 in lieu thereof `$150'. [] SEC. 106. EFFECTIVE DATE FOR RATE INCREASES. []   The amendments made by this title shall take effect on
 December 1, 1990. []   (a) PERIOD OF INSTITUTIONALIZATION REQUIRED FOR TERMINATION
 OF PENSION- Section 3203(a)(1) is amended-- []   (1) in subparagraphs (A) and (B), by striking out `third'
 and inserting in lieu thereof `sixth'; and []   (2) by adding at the end the following new subparagraph:
 []   `(E) Any amount of pension withheld pursuant to this
 paragraph shall be paid to the veteran in a lump sum upon the discharge or
 release of the veteran from nursing home or domiciliary care. However, in
 no case shall the payment of withheld pension exceed $5,000.'. []   (b) LIMITATION ON SIZE OF VETERAN'S ESTATE- Section
 3203(b)(1)(A) is amended by striking out `$1,500' and `$500' and inserting
 in lieu thereof `$4,500' and `$1,500', respectively. [] (c)  [] (d)  [] The
   amendments made by subsections (a) and (b) shall take effect on October 1,
   1990, or on the date of the enactment of this Act, whichever occurs later.
   [] (c)
   [] training, except that such period shall
  be the 30-year period beginning on such date in the case of leukemia
  (other than chronic lymphocytic leukemia).  []   `(3) Melanoma and basal cell carcinoma.' [] disability  []   `(A) Non-Hodgkin's lymphoma. []   `(B) Each soft-tissue sarcoma. [] (C)  [] (D)  [] SEC. 314.  [
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