An Act to amend title 38, United States Code to increase the rates of compensation for disabled veterans, and for other purposes
PL 91-376 (S.3348), enacted 08/12/1970

84 STAT.] 
PUBLIC LAW 91-376-AUG. 12, 1970 
787 
(5) that the traffic in such offensive advertisements is so large 
that individual citizens will be helpless to protect their privacy 
or their families without stronger and more effective Federal con-
trols over the mailing of such matter, 
(b) On the basis of such findings, the Congress determines that it is 
contrary to the public policy of the United States for the facilities and 
services of the United States Postal Service to be used for the distribu-
tion of such materials to persons who do not want their privacy in-
vaded in this manner or to persons who wish to protect their minor 
children from exposure to such material. 
EFFECTIVE DATES 
SEC. 15. (a) Except as provided in subsection (b) of this section, 
this section and sections 9 through 13 of this Act, and sections 202, 
203, 205 (b) and (c), 206, and 401(2), and subchapter I of chapter 
36 of title 39, United States Code, as enacted by section 2 of this Act, 
shall become effective on the date of enactment of this Act. Except 
as otherwise provided in this Act, the other provisions of this Act 
shall become effective within 1 year after the enactment of this Act on 
the date or dates established therefor by the Board of Governors 
and published by it in the Federal Eegister. References to the Postal 
Service in any provision of this Act (other than a provision referred 
to in the first sentence of this subsection) which becomes effective 
before the Postal Service commences operations shall be held and 
considered to refer to the Post Office Department until the Postal 
Service commences operations. 
(b) Sections 3010 and 3011 of title 39, United States Code, as 
enacted by section 2 of this Act, and sections 1735, 1736, and 1737 of 
title 18, United States Code, as enacted by section 6(j) of this Act, 
shall become effective on the first day of the sixth month which begins 
after the date of enactment of this Act. 
Approved August 12, 1970. 
Ante, PP- 784, 
720, 722, 758. 
Publication in 
Federal Register. 
Ante, p . 749, 
Ante, p . 781. 
Public Law 91-376 
AN A C T 
August 12, 1970 
To amend title 38. I'nited States Code, to increase the rates of compensation 
[s. 3348] 
for disabled veterans, and for other purposes. 
increase. 
82 Stat. 808. 
Be it enacted hy the Senate and House of Representatives 
of the 
United /States of America in Congress assembled, That (a) section ofsabuity 
cl4 of title 38, United States Code, is amended— 
compensation, 
(1) by striking out "$23" in subsection (a) and inserting in lieu 
thereof "$25''; 
(2) by striking out "$43'' in subsection (b) and inserting in 
lieu thereof "$46"; 
(3) by striking out "$65" in subsection (c) and inserting in 
lieu thereof "$70"; 
(4) by striking out "$89" in subsection (d) and inserting in 
lieu thereof "$96'^; 
(5) by striking out "$122" in subsection (e) and inserting in 
lieu thereof "$135"; 
(6) by striking out "$147" in subsection (f) and inserting in 
lieu thereof "$163"; 
788 
PUBLIC LAW 91-376-AUG. 12, 1970 
[84 STAT. 
Rate adjust-
ments. 
72 Stat. 1263. 
38 u s e prec. 
101 note. 
38 u s e 301. 
Additional 
compensation for 
dependents. 
79 Stat. 1154. 
Certain dis-
eases and dis-
abilities, 
presumptions. 
(7) by striking out "$174" in subsection (g) and inserting in 
lieu thereof "$193"; 
(8) bv striking out "$201" in subsection (h) and inserting in 
lieu thereof "$223"; 
(9) bv striking out "$226" in subsection (i) and inserting in 
lieu thereof "$250"; 
(10) by striking out "$400" in subsection (j) and inserting in 
lieu thereof "$450"; 
(11) by striking out "$500" and "$700" in subsection (k) and 
inserting in lieu thereof "$560" and "$784", respectively; 
(12) bv striking out "$500" in subsection (1) and inserting in 
lieu thereof "$560"; 
(13) bv striking out "$550" in subsection (m) and inserting in 
lieu thereof "$616"; 
(14) bv striking out "$625" in subsection (n) and inserting in 
lieu thereof "$700"; 
(15) by striking out "$700" in subsections (o) and (p) and 
inserting in lieu thereof "$784"; 
(16) by striking out "$300" in subsection (r) and inserting in 
lieu thereof "$336"*; and 
(17) by striking out "$450" in subsection (s) and inserting in 
lieu thereof "$504". 
(b) The Administrator of Veterans' Affairs may adjust admin-
istratively, consistent with the increas^es authorized by this section, the 
i-ates of disability comT>:nsation ])ayable to persons within the purvaew 
of section 10 of Public Law 85-857 wlio are not in receipt of compensa-
tion payable pursuant to chapter 11 of title 38, Ignited States Code. 
SEC. 2. Section 315(1) of title 38, United States Code, is amended— 
(1) bv striking out "$25" in subparagraph (A) and inserting in 
lieu thereof "$28"; 
(2) bv strikinjz out "$43" in subparagraph (B) and inserting in 
lieu thereof "$48"; 
(3) by striking out "$55" in subparagraph (C) and inserting in 
lieu thereof "$61"; 
(4) by striking out "$68" and "$13" in subparagraph (D) and 
inserting in lieu thereof "$75" and "$14", respectively; 
(5) by striking out "$17" in subparagraph (E) and inserting in 
lieu thereof "$19"; 
(6) by striking out "$30" in subparagraph (F) and inserting in 
lieu thereof "$33"; 
(7) by striking out "$43" and "$13" in subparagraph (G) and 
inserting in lieu thereof "$48" and "$14", respectively; 
(8) by striking out "$21" in subparagraph (H) and inserting 
in lieu thereof "$23''; and 
(9) by striking out "$40" in subparagraph (I) and inserting 
in lieu thereof "$44". 
SEC. 3. (a) Section 312 of title 38, United States Code, is amended 
by striking out "For" at the beginning of such section and inserting 
in lieu thereof "(a) For"; and by adding the following new sub-
sections: 
"(b) For the purposes of subsection (c) of this section, any vet-
eran who, while serving in the active military, naval, or air service, 
was held as a prisoner of war for not less than six months by the 
Imperial Japanese Government or the German Government during 
World War II, by the Government of North Korea during the Ko-
84 STAT. ] 
PUBLIC LAW 91-376-AUG. 12, 1970 
789 
rean conflict, or by the Government of North Korea, the Government 
of North Vietnam or the Viet Cong forces during the Vietnam era, 
or by their respective agents, shall oe deemed to have suffered from 
dietary deficiencies, forced labor, or inhumane treatment in violation 
of the terms of the Geneva Conventions of July 27,1929, and August 12, 
f^^^'^'-J^i^-
1949. 
" (c) For the purposes of section 810 of this title and subject to the 
^2 stat. 1119. 
provisions of section 813 of this title, in the case of any veteran who, 
while serving in the active military, naval, or air service and while 
held as a prisoner of war by an enemy government, or its agents during 
World War II, the Korean conflict, or the Vietnam era, suffei-ed from 
dietary deficiencies, forced labor, or inhumane treatment (in violation 
of the terms of the Geneva Conventions of July 27,1929, and August 12, 
1949), the disease of— 
"(1) Avitaminosis, 
Beriberi (including beriberi heart disease), 
Chronic dysentary, 
Helminthiasis, 
Malnutrition (including optic atrophy associated with 
malnutrition). 
Pellagra, or 
Any other nutritional deficiency, 
which became manifest to a degree of 10 per centum or more after 
such service; or 
"(2) Psychosis which became manifest to a degree of 10 per 
centum or more within two years from the date of separation from 
such service; 
shall be considered to have been incurred in or aggravated by such 
service, notwithstanding that there is no record of such disease during 
the period of service." 
(b) The catchline of section 812 of such title is amended to read as 
follows: 
"§ 312. Presumptions relating to certain diseases and disabilities*' 
(c) The table of sections at the beginning of chapter 11 of such 
title is amended by striking out 
"312. Presumptions relating to certain diseases." 
and inserting in lieu thereof the following: 
"312. Presumptions relating to certain diseases and disabilities." 
SEC. 4. Subsection (d) of section 103 of title 38, Laiited States Code, 
widows, marital 
is amended by inserting " (1);' immediately after " ( d ) " and by adding pTolVsio^s!'' 
at the end thereof the following: 
' 
72 stat. iio9; 
"(2) The remarriage of the widow of a veteran shall not bar the ^^ ^*^'- ^^^• 
furnishing of benefits to her as the widow of the veteran if the remar-
riage has been tei-minated by death or has been dissolved by a 
court with basic authority to render divorce decrees unless the Vet-
erans' Administration determines that the divorce was secured through 
fraud by the widow or collusion. 
" (3) If a widow ceases living with another man and holding herself 
out openly to the public as his wife, the bar to granting her benefits 
as the widow of the veteran shall not apply." 
SEC. 5. (a) If a widow terminates a relationship or conduct which 
Denial of bene-
resulted in imposition of a prior restriction on payment of benefits, in ''^' ^''''^P''°"-
the nature of inference or presumption of remarriage, or relating to 
open and notorious adulterous cohabitation or similar conduct, she shall 
790 
PUBLIC LAW 91-376-AUG. 12, 1970 
[84 
STAT. 
Effective date. 
Duplication, 
prohibition. 
72 Stat. 1230. 
Awards, effec-
tive dates. 
76 Stat. 948. 
Supra. 
Decisions by 
Administrator. 
72 Stat. 1115. 
79 Stat. 886. 
38 u s e 1801-
1827, 
7 2 Stat. 1229. 
38 u s e 3101-
3 110. 
76 Stat. 558. 
Effective 
dates. 
not be denied any benefits by the Veterans' Administration, other than 
insurance, solely because of such prior relationship or conduct. 
(b) The effective date of an award of benefits resulting from enact-
ment of subsection (a) of this section shall not be earlier than the date 
of receipt of application therefor, filed after termination of the partic-
ular relationship or conduct and after December 31,1970. 
SEC. 6. Subsection (b) of section 3104 of title 38, United States Code, 
is amended by striking out "paragraph (2)" in paragraph (1) thereof 
and inserting in lieu thereof "paragraphs (2) and (3)", and by adding 
at the end thereof the following new paragraph: 
"(3) Benefits other than insurance under laws administered by the 
Veterans' Administration may not be paid to any person by reason of 
the death of more than one person to whom he or she was married; 
however, the person may elect one or more times to receive benefits by 
reason of the death of any one spouse." 
SEC. 7. Section 3010 of title 38, United States Code, is amended by 
adding at the end thereof the following new subsections: 
"(1) The effective date of an award of benefits to a widow based 
upon termination of a remarriage by death or divorce shall be the 
date of death or the date the judicial decree or divorce becomes final, 
if an application therefor is received within one year from such 
termination. 
"(m) The effective date of an award of benefits to a widow based 
u])on termination of actions described in subsection 103(d) (3) of this 
title shall not be earlier than the date of receipt of application therefor 
filed after termination of such actions and after December 31, 1970." 
SEC. 8. (a) Subsection 211(a) of title 38, United States Code, is 
amended to read as follows: 
"(a) On and after October 17, 1940, except as provided in sections 
775, 784, and as to matters arising under chapter 37 of this title, the 
decisions of the Administrator on any question of law or fact under 
any law administered by the Veterans' Administration providing 
benefits for veterans and their dependents or survivors shall be final 
and conclusive and no other official or any court of the United States 
shall have power or jurisdiction to review any such decision by an 
action in the nature of mandamus or otherwise." 
(b) Chapter 53 of title 38, United States Code, is amended by add-
ing at the end the following: 
"§3111. Prohibition of certain benefit payments 
"There shall be no payment of dependency and indemnity compensa-
tion, death compensation, or death pension which, because of a widow's 
relationship with another man before enactment of Public Law 87-674, 
would not have been payable by the Veterans' Administration under 
the standard for determining remarriage applied by that agency 
before said enactment." 
(c) The analysis of such chapter 53 is amended by adding at the 
end the following: 
•'3111. Prohibition of certain beiieflt payments." 
SEC. 9. The first two sections of this Act take effect July 1,1970. Sec-
tions 4, 5, 6, and 7 take effect January 1, 1971. 
Approved August 12, 1970.