An Act to amend title 38 of the United States Code to provide increases in the rates of disability compensation and for other purposes
PL 89-311 (H.R.168), enacted 10/31/1965

1154 
PUBLIC LAW 89-311-OCT. 31, 1965 
[79 STAT. 
Public Law 89-311 
October 31, 1965 
A N A C T 
^ ' ' ^^^^ 
To amend title 38 of the United States Code to provide increases in the rates of 
disability compensation, and for other purposes. 
Veterans. 
Disability com-
Be it enacted hy the Senate and House of Representatives 
of the 
Ignited States of America in Congress assembled^ That (a) section 314 
pensatronV^in-" " 
<)f title 38, United States Code, is amended— 
crease. 
(1) by striking; out "$20" in subsection (a) and inserting: in 
,rsZ\:''''- 
lieutheriof".$21'^; 
(2) by striking out "$38" in subsection (b) and inserting in 
lieu thereof "$40'^; 
(3) by striking out "$58" in subsection (c) and inserting in 
lieu thereof "$60"; 
(4) by striking out "$77" in subsection (d) and inserting in 
lieu thereof "$82'^; 
(5) by striking out "$107" in subsection (e) and inserting in 
lieu thereof "$113"; 
(6) by striking out "$128" in subsection (f) and inserting in 
lieu thereof "$136"; 
(7) by striking out "$149" in subsection (g) and inserting in 
lieu thereof "$161"; 
(8) by striking out "$170" in subsection (h) and inserting in 
lieu thereof "$186"; 
(9) by striking out "$191" in subsection (i) and inserting in 
lieu thereof "$209"; 
(10) by striking out "$260" in subsection (j) and inserting in 
lieu thereof "$300"; 
(11) by striking out "$525" in subsections (k) and (o) and 
inserting in lieu thereof "$600"; 
(12) by striking out "$340" in subsection (1) and inserting in 
lieu thereof "$400"; 
(13) by striking out "$390" in subsection (m) and inserting in 
lieu thereof "$450"; 
(14) by striking out "$440" in subsection (n) and inserting in 
lieu thereof "$525^; 
72 Stat. 936. 
(15) by Striking out "$200" in subsection (r) and inserting in 
lieu thereof "$250^'; and 
74 Stat. 528; 
(16) by Striking out "$290" in subsection (s) and inserting in 
76 Stat. 441. 
^^^ thercof "$350". 
Rate adjust- 
^b) The Administrator of Veterans' Affairs may adjust admin-
istratively, consistent with the increases authorized by this section, 
I lie rates of disability compensation payable to persons within the 
3^ use Ve"' 
purview of section 10 of Public Law 85-857 who are not in receipt of 
101 note. '"^^'^' 
compensation payable pursuant to chapter 11 of title 38, United States 
38 use 3
0 1-360. Code. 
^"!,*;.p-V^- 
SEC. 2. (a) Section 315(1) of title 38, United States Code, is 
Additional com- 
^ 
^ ' 
^ ' 
' 
' 
pensation for de- 
J i m e u d e d 
pendents. 
(1) by Striking out "$23" in subparagraph (A) and inserting 
in lieu thereof "$25"; 
(2) by striking out "$39" in subparagraph (B) and inserting 
in lieu thereof "$43"; 
(3) by striking out "$50" in subparagraph (C) and inserting in 
lieu thereof "$55^'; 
79 STAT. ] 
PUBLIC LAW 89-311-OCT. 31, 1965 
1155 
(4) by striking out "$62" and "$12" in subparagraph (D) and 
72 stat. 1121; 
inserting in lieu thereof "$68" and "$13", respectively; 
^^sfusc "is. 
(5) by striking out "$15" in subparagraph (E) and inserting in 
lieu thereof "$17"; 
(6) by striking out "$27" in subparagraph (F) and inserting 
in lieu thereof "$30"; 
(7) by striking out "$39" and "$12" in subparagraph (G) and 
inserting in lieu thereof "$43" and "$13", respectively; and 
(8) by striking out "$19" in subparagraph (H) and inserting 
in lieu thereof "$21". 
(b) Such section 315(1) is further amended by (1) striking out 
"and" at the end of subparagraph (G), (2) striking out the period at 
the end of subparagraph (H) and inserting in lieu thereof "; and", 
and (3) adding at the end thereof the following: 
"(I) notwithstanding the other provisions of this subsection, 
the monthly amount payable on account of each child who has 
attained the age of eighteen years and who is pursuing a course 
of instruction at an approved educational institution shall be $40 
for a totally disalbled veteran and proportionate amounts for 
partially disabled veterans in accordance with paragraph (2) of 
this subsection." 
(c)(1) Section 101(4) (C) of title 38, United States Code, is ^.;;^;;"^'"'^^^i-
amended by striking out "twenty-one years" and inserting in lieu "'7^2 stat. 1105. 
thereof "twenty-three years". 
(2) Section 414(c) of title 38, L^nited States Code, is amended by 
striking out "twenty-one" and inserting in lieu thereof "twenty-three". 
SEC. 3. (a) Section 360 of title 38, United States Code, is amended ^^^'^^^^^J^^ .
f
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I 
(1) by inserting immediately before the words "the Administrator" Ti^n!' ''°"'^'' 
the following: "or (3) has suffered total deafness in one ear as a result 
7 6 stat. 406. 
of service-connected disability and has suffered total deafness in the 
other ear as the result of non-service-connected disability not the result 
of his own willful misconduct," and (2) by inserting immediately after 
the words "kidney involvement" the following: "or such total deafness 
in both ears". 
(b) Such section 360 is further amended by adding the following 
at the end of the catch line: "or bilateral deafness". 
(c) The analysis of chapter 11 of such title 38 regarding section 360 
is amended by inserting immediately before the period. at the end 
thereof: " or bilateral deafness "• 
(d) Section 314(o) of title 38, United States Code, is amended by 
72 stat. 1121. 
deleting the words "has suffered total deafness" and substituting in 
lieu thereof the words "if the veteran has suffered bilateral deafness 
(and the hearing impairment in either one or both ears is service con-
nected) rated at 60 per centum or more disabling and the veteran has 
also suffered service-connected total blindness with 5/200 visual acuity 
or less,". 
(e) Section 314(p) of title 38, United States Code, is amended by 
deleting "$525; and" and substituting therefor the following: "$600. 
In the event the veteran has suffered service-connected blindness with 
5/200 visual acuity or less and (1) has also suffered bilateral deafness 
(and the hearing impairment in either one or both ears is service con-
nected) rated at no less than 40 per centum disabling, the Adminis-
5 use 851 and 
note. 
38 use 
seg. 
53 Stat. 
410 1 et 
62. 
1156 
PUBLIC LAW 89-311-OCT. 31, 1965 
[79 STAT. 
(rator shall allow the next higher rate, or (2) has also suffered service-
connected total deafness in one ear, the Administrator shall allow the 
next intermediate rate, but in no event in excess of $600;". 
^ Medal of Honor 
g^,^ 4 Scctiou 560(b) of title 38, United States Code, is amended 
77 Stat. 95; 
by Striking out", who has attained the age of forty years,". 
^^?ftat^°iTio 
^?^' ^- ^^^ti^^ 10^ ^f title 38, United States Code, is amended by 
adding at the end thereof the following new subsection: 
"(e) Each person who has incurred a disability as a result of an 
injury or disease described in subsection (b) shall be entitled to the 
same rights, privileges, and benefits under the Act of June 27, 1944 
(58 Stat. 387-391), as a person described in section 2(1) of such Act." 
SEC. 6. (a) Chapter 73 of title 38, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 4116. Defense of certain malpractice and negligence suits 
"(a) The remedy by suit against the United States as provided by 
section 1346(b) of title 28 for damages for personal injury, including 
death, allegedly arising from malpractice or negligence of a physician, 
dentist, nurse, pharmacist, or paramedical (for example, medical and 
dental technicians, nursing assistants, and therapists) or other sup-
porting personnel in furnishing medical care or treatment while in the 
exercise of his duties in or for the Department of Medicine and Sur-
gery shall hereafter be exclusive of any other civil action or proceeding 
by reason of the same subject matter against such physician, dentist, 
nurse, pharmacist, or paramedical or other supporting personnel (or 
his estate) whose act or omission gave rise to such claim. 
"(b) The Attorney General Shall defend any civil action or pro-
ceeding brought in any court against any person referred to in sub-
section (a) of this section (or his estate) for any such damage or 
injury. 
Any such person against whom such civil action or pro-
ceeding is brought shall deliver within such time after date of service 
or knowledge of service as determined, by the Attorney General, all 
process served upon liini or an attested true copy thereof to his imme-
diate superior or to whomever was designalted by the Administrator 
to receive such papers and such person shall promptly furnish copies 
of the pleading and process therein to the United States attorney for 
the district embracing the place wherein the proceeding is brought, 
C
O the Attorney General, and to the Administrator. 
" (c) Upon a certification by the Attorney General that the defend-
ant was acting in the scope of his employment in or for the Depart-
ment of Medicine and Surgery at the time of the incident out of which 
the suit arose, any such civil action or proceeding commenced in a 
State court shall be removed without bond at any time before trial by 
the Attorney General to the district court of the United States of the 
district and division embracing the place wherein it is pending and 
the proceeding deemed a tort action brought against the United States 
62 Stat. 869. 
uudcr thc provisions of title 28 and all references thereto. 
Should a 
United States district court determine on a hearing on a motion to 
remand held before a trial on the merit that the case so removed is one 
in which a remedy by suit within the meaning of subsection (a) of this 
section is not available against the United States, the case shall be 
remanded to the State court. 
"(d) The Attorney General may compromise or settle smy claim 
asserted in such civil action or proceeding in the manner provided in 
section 2677 of title 28, and with the same effect." 
79 STAT. ] 
PUBLIC LAW 89-312-NOV. 1, 1965 
1157 
(b) The analysis of chapter 73 of title 38, United States Code, is 
amended by adding at the end thereof the following: 
•'4116. Defense of certain malpractice and negligence suits." 
(c) The amendments made by this section shall take effect on the 
Effective date, 
first day of the first calendar month which begins more than one hun-
dred and eighty days after the date of enactment of this Act, but, in 
the case of an act or omission which occurred before such effective 
date, such amendments shall apply only if no suit or civil action has 
been commenced before such effective date with respect to such act 
or omission. 
SEC. 7. (a) Subsection (c) of section 5033 and paragraph (3) of 
Nursing home 
section 5035(b) of title 38, United States Code, are hereby repealed; ''^Repeals. 
and paragraphs (4) and (5) of section 5035 (b) of such title are hereby 
78 stat. so i. 
redesignated as paragraphs (3) and (4), respectively. 
(b) Section 5034(1) of such title is amended by striking out "one-
half bed" and inserting in lieu thereof "one and one-half beds". 
SEC. 8. (a) Section 5001(a) of title 38, United States Code, is 78^2^^jat.^i^251; 
amended by redesignating paragraph (2) thereof as paragraph (3) 
and by inserting immediately after paragraph (1) thereof the fol-
lowing: 
"(2) The Administrator, subject to the approval of the President, 
is authorized to establish and operate not less than one hundred and 
twenty-five thousand hospital beds in facilities over which the Admin-
istrator has direct and exclusive jurisdiction for the care and treat-
ment of eligible veterans who are tuberculosis, neuropsychiatric, 
medical, and surgical cases." 
(b) Paragraph (3) of such section (as redesignated by subsection 
(a) of this section) is amended by adding at the end thereof the fol-
lowing new sentence: "The nursing beds authorized by this paragraph 
shall be in addition to tlie hospital beds provided for in paragraph (2) 
of this subsection." 
SEC. 9. The amendments made by the first section and sections 2, 3, Effective date. 
and 4 of this Act shall take effect on the first day of the second calendar 
month following the date of enactment of this Act. 
Approved October 31, 1965, 7:29 p.m. 
Public Law 89-312 
A N A C T 
November ]., 1965 
To give the consent of Congress to the States of Connecticut, Rhode Island, and 
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Vermont to become parties to title II of the Compact on Taxation of Motor 
Fuels Consumed by Interstate Buses and the Agreement relating to Bus 
Taxation Proration and Reciprocity. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the consent 
conn.-R.i.-vt. 
of Congress is given to the States of Connecticut, Rhode Island, and compacf.''^ '°" 
Vermont to become parties to title I I of the Compact on Taxation of 
Motor Fuels Consumed by Interstate Buses and to the Agreement 
relating to Bus Taxation Proration and Reciprocity as consented to 
by the Congress in the Act of April 14, 1965 (79 Stat. 60). 
SEC. 2. The right to alter, amend, or repeal this Act is expressly 
reserved. 
Approved November 1, 1965.