APPENDIX C Public Law 93-295 93rd Congress, S. 3072 May 31, 1974 An Act To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans; to increase the rates of dependency and indemnity compensation for their survivors; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Veterans Discited as the "Veterans Disability Compensation and Survivor Bene- ability Compenfits 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"; sation and Sur- 88 STAT. 181 86 Stat. 393. (11) by striking out "$47" and "$616” and “$862” in subsection 81 Stat. 190. (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 adminis- Rate adjustment. tratively, 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 com- 72 Stat. 1263. pensation payable pursuant to chapter 11 of title 38, United States 38 USC prec. Code. 101 note. SEC. 102. Section 315 (1) of title 38, United States Code, is 38 USC 301. amended 86 Stat. 394. 88 STAT. 181 88 STAT. 182 85 Stat. 660. Pub. Law 93-295 - 2 May 31, 1974 (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 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 : Children. "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 ofcer 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 the 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: May 31, 1974 "(1) One child, $108. 66 (2) Two children, $156. "(3) Three children, $201. 66 (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 85 Stat. 661. 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: Death compen sation, in crease. "(b) The monthly rate of death compensation payable to a widow 85 Stat. 662. 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. Section 337 of title 38, United States Code, is amended by 80 Stat. 27. striking "January 31, 1955" and inserting in lieu thereof "December 31, 1946". SEC. 206. (a) Section 342 of title 38, United States Code, is amended 72 Stat. 1124. 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. 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.". Repeal. SEC. 207. (a) The Administrator of Veterans' Affairs shall make a Study. 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 72 Stat. 1106. 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 Report. 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 Report, subas the Administrator deems appropriate shall be submitted to the mittal to Speaker of the House and the President of the Senate not more than Speaker of the thirty days after the beginning of the Ninety-fourth Congress. TITLE III-PAYMENT OF BENEFITS TO PERSONS House and President of the Senate. SEC. 301. (a) Subsection (a) of section 3202 of title 38, United States 72 stat. 1232. 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 88 STAT. 184 72 Stat. 1232. Repeal. 72 Stat. 1193. Pub. Law 93-295 - 4 May 31, 1974 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 beneficiary is acting in such a number of cases as to make it impracticable to conserve properly the estates or to supervise the persons of the beneficiaries, the Administrator may refuse to make future payments in such cases as he may deem proper. (b) Subsection (c) of section 3202 of title 38, United States Code, is amended by deleting the phrase "guardian, curator, conservator, or other person legally vested with the care of the claimant or his estate", following the word "any" and inserting "fiduciary or other person for the purpose of payment of benefits payable under laws administered by the Veterans' Administration" and by deleting the word "estates" and inserting the word "benefits". (c) Subsection (e) of section 3202 of title 38, United States Code, is amended by deleting the phrase "guardian, curator, conservator, or person legally vested with the care of the beneficiary or his estate,' following the words "hands of a", and inserting in lieu thereof the words "fiduciary appointed by a State court or the Veterans' Administration" and by deleting the phrase "guardian, curator, conservator, or person legally vested with the care of the beneficiary or his estate" following the word "such", and inserting in lieu thereof the word "fiduciary". (d) Subsections (f) and (g) of section 3202 of title 38, United States Code, are hereby repealed. SEC. 302. Subsection (a) (4) of section 1701 of title 38, United States Code, is amended to read as follows: "(4) The term 'guardian' includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Administrator under section 3202 of this title to receive payment of benefits for the use and benefit of the eligible person.". TITLE IV-EFFECTIVE DATES SEC. 401. The provisions of this Act shall become effective on May 1, 1974, except that title III shall become effective on the first day of the second calendar month following enactment. Approved May 31, 1974. LEGISLATIVE HISTORY: HOUSE REPORT No. 93-991 accompanying H. R. 14117 (Comm. on SENATE REPORT No. 93-798 (Comm. on Veterans' Affairs). May 2, considered and passed Senate. May 7, considered and passed House, amended, in lieu of H. R. 14117. May 20, Senate agreed to House amendment with an amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 10, No. 22: О |