Mr. HARTKE, from the Committee on Veterans' Affairs, submitted the following REPORT [To accompany S. 3072] The Committee on Veterans' Affairs, to which was referred the bill (S. 3072) to amend title 38, United States Code, to liberalize the provisions relating to payment of dependency and indemnity compensation, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. COMMITTEE AMENDMENTS The amendments are as follows: Strike out all after the enacting clause and insert in lieu thereof the following: That this Act may be cited as the "Veterans Disability Compensation and Survivor Benefits Act of 1974". TITLE I-VETERANS DISABILITY COMPENSATION SEC. 101. (a) Section 314 of title 38, United States Code, is amended— (1) by striking out "$28" in subsection (a) and inserting in lieu thereof "$32" (2) by striking out "$51" in subsection (b) and inserting in lieu thereof "$59"; (3) by striking out "$77" in subsection (c) and inserting in lieu thereof "$89"; (4) by striking out "$106" in subsection (d) and inserting in lieu thereof "$122"; (5) by striking out "$149" in subsection (e) and inserting in lieu thereof "$171"; (6) by striking out "$179" in subsection (f) and inserting in lieu thereof "$211"; (7) by striking out "$212" in subsection (g) and inserting in lieu thereof "$250"; (8) by striking out "$245” in subsection (h) and inserting in lieu thereof "$289"; (9) by striking out "$275" in subsection (i) and inserting in lieu thereof "$325"; (10) by striking out "$495" in subsection (j) and inserting in lieu thereof "$584"; (11) by striking out "$47" and "$616" and "$862" in subsection (k) and inserting in lieu thereof "$52" and "$727" and "$1,017”, respectively; (12) by striking out "$616" in subsection (1) and inserting in lieu thereof "$727"; (13) by striking out "$678" in subsection (m) and inserting in lieu thereof "$800"; (14) by striking out "$770" in subsection (n) and inserting in lieu thereof "$909"; (15) by striking out "$862" in subsections (o) and (p) and inserting in lieu thereof "$1,017"; (16) by striking out "$370" in subsection (r) and inserting in lieu thereof "$437"; and (17) by striking out "$554" in subsection (s) and inserting in lieu thereof "$654". (b) The Administrator of Veterans' Affairs 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. Section 315(1) of title 38, United States Code, is amended (1) by striking out "$31" in subparagraph (A) and inserting in lieu thereof "$36"; (2) by striking out "$53” in subparagraph (B) and inserting in lieu thereof "$61"; (3) by striking out "$67" in subparagraph (C) and inserting in lieu thereof "$77"; (4) by striking out "$83" and "$15" in subparagraph (D) and inserting in lieu thereof "$95" and "$17", respectively; (5) by striking out "$21" in subparagraph (E) and inserting in lieu thereof "$24"; (6) by striking out "$36" in subparagraph (F) and inserting in lieu thereof "$41"; (7) by striking out "$53" and "$15" in subparagraph (G) and inserting in lieu thereof "$61" and "$17", respectively; (8) by striking out "$25" in subparagraph (H) and inserting in lieu thereof "$29"; and (9) by striking out "$48" in subparagraph (I) and inserting in lieu thereof "$55". TITLE II-SURVIVORS DEPENDENCY AND INDEMNITY COMPENSATION SEC. 201. Section 411 of title 38, United States Code, is amended to read as follows: "(a) Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: " 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 widow's rate shall be $316. "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 widow's rate shall be $589. "(b) If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $26 for each such child. "(c) The monthly rate of dependency and indemnity compensation payable to a widow shall be increased by $64 if she 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 amended to read as follows: "Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates: "(1) One child, $108. "(2) Two children, $156. "(3) Three children, $201. "(4) More than three children, $201 plus $40 for each child in excess of three." SEC. 203. (a) Subsection (a) of section 414 of title 38, United States Code, is amended by striking out "$55" and inserting in lieu thereof "$64". (b) Subsection (b) of section 414 of such title is amended by striking out "$92" and inserting in lieu thereof "$108". (c) Subsection (c) of section 414 of such title is amended by striking out "$47” and inserting in lieu thereof "$55". SEC. 204. Section 322(b) of title 38, United States Code, is amended to read as follows: "(b) The monthly rate of death compensation payable to a widow or dependent parent under subsection (a) of this section shall be increased by $64 if the payee 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. 205. (a) Section 342 of title 38, United States Code, is amended by striking out "equal" and all that follows down through the end thereof and inserting in lieu thereof "those specified in section 322 of this title". (b) Section 343 of such title is hereby repealed. (c) The table of sections at the beginning of subchapter V of chapter 11 of title 38, United States Code, is amended by striking out the following: "343. Conditions under which wartime rates are payable.”. SEC. 206. (a) The Administrator of Veterans' Affairs shall make a detailed study of claims for dependency and indemnity compensation relating to veterans, as defined in section 101 (2), title 38, United States Code, who at time of death within six months prior to the date of enactment of this Act were receiving disability compensation from the Veterans' Administration based upon a rating total and permanent in nature. (b) The report of such study shall include (1) the number of the described cases, (2) the number of cases in which the specified benefit was denied, (3) an analysis of the reasons for each such denial, (4) an analysis of any difficulty which may have been encountered by the claimant in attempting to establish that the death of the veteran concerned was connected with his or her military, naval, or air service in the Armed Forces of the United States, and (5) data regarding the current financial status of the widow, widower, children, and parents in each case of denial. (c) The report together with such comments and recommendations as the Administrator deems appropriate shall be submitted to the Speaker of the House and the President of the Senate not more than 30 days after the beginning of the Ninety-fourth Congress. TITLE III-PAYMENT OF BENEFITS TO PERSONS UNDER LEGAL DISABILITY SEC. 301. (a) Subsection (a) of section 3202 of title 38, United States Code, is amended to read as follows: "(a) Where it appears to the Administrator that the interest of the beneficiary would be served thereby, payment of benefits under any law administered by the Veterans' Administration may be made directly to the beneficiary or to a relative or some other person for the use and benefit of the beneficiary, regardless of any legal disability on the part of the beneficiary. Where, in the opinion of the Administrator, any fiduciary receiving funds on behalf of a Veterans' Administration |