[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2229 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2229

 To amend title 38, United States Code, to authorize a cost-of-living 
    increase in rates of disability compensation and dependency and 
 indemnity compensation, and to revise the requirement for maintaining 
             levels of extended-care services to veterans.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2002

 Mr. Rockefeller (by request) 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 authorize a cost-of-living 
    increase in rates of disability compensation and dependency and 
 indemnity compensation, and to revise the requirement for maintaining 
             levels of extended-care services to veterans.

    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.

    (a) Short Title.--This Act may be cited as the ``Veterans Benefits 
Improvement Act of 2002''.
    (b) References.--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 
references shall be considered to be made to a section or other 
provision of title 38, United States Code.

        TITLE I--INCREASE IN COMPENSATION RATES AND LIMITATIONS

SEC. 101. INCREASE IN COMPENSATION RATES AND LIMITATIONS.

    (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, 
effective on December 1, 2002, increase the dollar amounts in effect 
for the payment of disability compensation and dependency and indemnity 
compensation (DIC) by the Secretary, as specified in subsection (b).
    (b) Amounts To Be Increased.--The dollar amounts to be increased 
pursuant to subsection (a) are the following:
            (1) Compensation.--The dollar amounts in effect under 
        section 1114 of title 38, United States Code.
            (2) Additional compensation for dependents.--The dollar 
        amounts in effect under section 1115(1) of such title.
            (3) Clothing allowance.--The dollar amount in effect under 
        section 1162 of such title.
            (4) New dic rates.--The dollar amounts in effect under 
        paragraphs (1) and (2) of section 1311(a) of such title.
            (5) Old dic rates.--The dollar amounts in effect under 
        paragraph (3) of section 1311(a) of such title.
            (6) Additional dic for surviving spouses with minor 
        children.--The dollar amount in effect under section 1311(b) of 
        such title.
            (7) Additional dic for disability.--The dollar amounts in 
        effect under sections 1311(c) and 1311(d) of such title.
            (8) DIC for dependent children.--The dollar amounts in 
        effect under sections 1313(a) and 1314 of such title.
    (c) Determination of Increase.--
            (1) The increase under subsection (a) shall be made in the 
        dollar amounts specified in subsection (b) as in effect on 
        November 30, 2002.
            (2) Except as provided in paragraph (3), each such amount 
        shall be increased by the same percentage as the percentage by 
        which benefit amounts payable under title II of the Social 
        Security Act (42 U.S.C. 401 et seq.) are increased effective 
        December 1, 2002, as a result of a determination under section 
        215(i) of such Act (42 U.S.C. 415(i)).
            (3) Each dollar amount increased pursuant to paragraph (2) 
        shall, if not a whole dollar amount, be rounded down to the 
        next lower whole dollar amount.
    (d) Special Rule.--The Secretary may adjust administratively, 
consistent with the increases made under subsection (a), the rates of 
disability compensation payable to persons within the purview of 
section 101 of Public Law 85-857 (72 Stat. 1263) who are not in receipt 
of compensation payable pursuant to chapter 11 of title 38, United 
States Code.
    (e) Publication Requirement.--At the same time as the matters 
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 
415(i)(2)(D)) are required to be published by reason of a determination 
made under section 215(i) of such Act during fiscal year 2003, the 
Secretary shall publish in the Federal Register the amounts specified 
in subsection (b) as increased under this section.

                        TITLE II--HEALTH MATTERS

SEC. 201. NURSING HOME STAFFING LEVELS.

    Section 1710B(b) is amended to read as follows:
    ``(b)(1) The Secretary shall ensure that the staffing and level of 
extended care services, excluding nursing home care, provided by the 
Secretary nationally in facilities of the Department during any fiscal 
year is not less than the staffing and levels of such services provided 
nationally in facilities of the Department during fiscal year 1998.
    ``(2) The Secretary shall ensure that the average daily census in 
nursing homes over which the Secretary has direct jurisdiction, plus 
the average daily census of veterans placed by the Secretary in 
community nursing homes pursuant to contract, plus the average daily 
census of veterans for which the Secretary pays per diem to States for 
nursing home care in a State nursing home, is not less in total than in 
fiscal year 1998.''.
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