AMEND THE WORLD WAR VETERANS' ACT, 1924, AS AMENDED

FEBRUARY 1, 1932.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. RANKIN, from the Committee on World War Veterans' Legisla tion, submitted the following

REPORT

[To accompany H. R. 85781

The Committee on World War Veterans' Legislation, to which was referred the bill (H. R. 8578) to amend the World War Veterans' act, 1924, as amended, has had said bill under consideration and reports it back to the House with the recommendation that the bill do pass.

While this measure is not what we want, it is the best we could get under the circumstances. It has the support in principle of the representatives of the American Legion, the Veterans of Foreign Wars, and the Disabled American Veterans of the World War.

In general the bill provides a monthly allowance for widows and children and dependent parents of 65 years of age or over of honorably discharged ex-service men of the World War who entered the service prior to November 11, 1918, and served 90 days or more during the World War and who died of disabilities not acquired in the service. The rates and qualifications for entitlement are as follows:

(a) Widow without means of support other than her daily labor and actual net income not exceeding $250 per year who was the veteran's wife and lived with him not less than five years next before his death, or who married him prior to January 1, 1925, $20 per month. (b) Widow and one child, where widow is without means of support other than her daily labor and actual net income not exceeding $400 per year, $26 per month, together with $6 per month for each additional child.

(c) Child, no widow, with $6 per month for each additional child, with the proviso that no child shall be permitted to draw the allowance who has an actual net income exceeding $400 per year, $20 per month.

(d) Dependent father or mother who has reached the age of 65 years, $15 per month, or both, $20 per month; such allowance to be payable whether the dependency of the father or mother or both arises before or after the death of the ex-service man.

Provision is made that the allowance for a widow shall continue until her death or remarriage, and to a child until such child reaches the age of 16 years, or marries, or if such child be permanently incapable of support by reason of mental or physical defect, then during such incapacity.

Provision is made for continuance of the benefits to one or more of a group of beneficiaries under this bill, notwithstanding the termination of the rights of one or more of the other beneficiaries. As between the widow and children not in her custody, provision is made for the apportionment of the allowance.

Allowances under this bill are not to commence prior to the date of approval of the bill or the date of application for the benefits, and are to be on such forms as the Administrator of Veterans Affairs may prescribe.

Various proposals of wide range looking to the relief of widows, children, and parents of deceased World War veterans have been submitted to your committee, and after very careful consideration of the entire subject, and particularly the history of the granting of similar pensions to dependents of veterans of the Civil and SpanishAmerican Wars, the bill herein reported was approved.

The first act passed for the benefit of widows and children of veterans of the Civil War was enacted June 27, 1890, 25 years after the close of that war. The first act granting similar benefits to dependents of ex-service men of the Spanish-American War was enacted July 16, 1918, 16 years after the close of that war. When it is considered that the World War has been officially terminated only 10 years it will readily be seen that the beneficiaries provided for in this bill are being granted benefits in advance of the time similar benefits were afforded dependents of veterans of prior wars.

One novel provision is contained in this bill, namely, the provision for a dependent father or mother of 65 years of age or over. Never before has the Congress provided generally benefits for the dependent fathers or mothers of deceased ex-service men, except in such cases where the deceased ex-service men have died from a service-connected disability.

Your committee felt that as the parents of men who served during the World War, and who are dependent, reach the age of 65, they should have the right to look to the Government for some support. These parents gave their sons to the Nation in time of need, and even though they may not have died of injuries or diseases incurred in service, your committee felt justified in recommending the allowances provided in this bill.

In compliance with clause 2a of Rule XIII there is herewith printed the preceding section of the existing law in roman type and the proposed amendatory provisions in italics.

Sec. 201. That if death results from injury

If the deceased leaves a widow or child, or if he leaves a mother or father either or both dependent upon him for support, the monthly compensation shall be the following amounts:

(a) If there is a widow but no child, $30.

(b) If there is a widow and one child, $40, with $6 for each additional child: (c) If there is no widow, but one child, $20.

(d) If there is no widow, but two children, $30.

(e) If there is no widow, but three children, $40, with $5 for each additional child.

(f) If there is a dependent mother (or dependent father), $20, or both, $30. The amount payable under this subdivision shall not exceed the difference between the total amount payable to the widow and children and the sum of $75: Provided, That in case there is both a dependent mother and a dependent father, the amount payable to them shall not be less than $20. Such compensation shall be payable whether the dependency of the father or mother or both arises before or after the death of the person: Provided, That the status of dependency shall be determined as of the first day of each year, and the director is authorized to require a submission of such proof of dependency as he, in his discretion, may deem necessary: Provided further, That upon refusal or neglect of the claimant or claimants to supply such proof of dependency in a reasonable time the payment of compensation shall be suspended or discontinued.

(1) Îf death occur or shall have occurred subsequent to April 6, 1917, and before discharge or resignation from the service, the United States Veterans' Bureau shall pay for burial and funeral expenses and the return of body to his home a sum not to exceed $100, as may be fixed by regulation. Where a veteran of any war, including those women who served as Army nurses under contracts between April 21, 1898, and February 2, 1901, who was not dishonorably discharged, dies after discharge or resignation from the service, the director, in his discretion and with due regard to the circumstances of each case, shall pay, for burial and funeral expenses and the transportation of the body (including preparation of the body) to the place of burial, a sum not exceeding $107 to cover such items and to be paid to such person or persons as may be fixed by regulations: Provided, That when such person dies while receiving from the bureau compensation or vocational training, or in a national military home, the above benefits shall be payable in all cases: Provided further, That where such person, while receiving from the bureau medical, surgical, or hospital treatment, or vocational training, dies away from home and at the place to which he was ordered by the bureau, or while traveling under orders of the bureau, or in a national military home, the above benefits shall be payable in all cases and in addition thereto the actual and necessary cost of the transportation of the body of the person (including preparation of the body) to the place of burial, within the continental limits of the United States, its Territories, or possessions, and including also, in the discretion of the director, the actual and necessary cost of transportation of an attendant: Provided further, That no accrued pension, compensation, or insurance due at the time of death shall be deducted from the sum allowed: Provided further, That the director may, in his discretion, make contracts for burial and funeral services within the limits of the amounts allowed herein without regard to the laws prescribing advertisement for proposals for supplies and services for the United States Veterans' Bureau: Provided further, That section 5, title 41, of the United States Code, shall not be applied to contracts for burial and funeral expenses heretofore entered into by the director so as to deny payment for services rendered thereunder, and all suspensions of payment heretofore made in connection with such contracts are hereby removed, and any and all payments which are now or may hereafter become due on such contracts are hereby expressly authorized: Provided further, That no deduction shall be made from the sum allowed because of any contribution toward the burial which shall be made by any State, county, or municipality, but the aggregate of the sum allowed plus such contribution or contributions shall not exceed the actual cost of the burial.

Where a veteran of any war, including those women who served as Army nurses under contracts between April 21, 1898, and February 2, 1901, who was not dishonorably discharged, dies after discharge or resignation from the service, the director shall furnish a flag to drape the casket of such veteran and afterwards to be given to his next of kin regardless of the cause of death of such veteran. (2) The payment of compensation to a widow shall continue until her death or remarriage.

(3) The payment of compensation to or for a child shall continue until such child reaches the age of eighteen years or marries, or if such child be permanently incapable of self-support by reason of mental or physical defect, then during such incapacity: Provided, That the payment of compensation shall be further continued after the age of eighteen years and until completion of education or training (but not after such child reaches the age of twenty-one years), to any child

who is or may hereafter be pursuing a course of instruction at a school, college, academy, seminary, technical institute, or university, particularly designated by him and approved by the director, which shall have agreed to report to the director the termination of attendance of such child, and if any such institution of learning fails to make such report promptly the approval shall be withdrawn.

(4) Whenever the compensation payable to or for the benefit of any person under the provisions of this section is terminated by the happening of the contingency upon which it is limited, the compensation thereafter for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries.

(5) As between the widow and the children not in her custody, and as between children, the amount of compensation shall be apportioned as may be prescribed by regulation.

(6) The term "widow," as used in this section, shall not include one who shall have married the deceased later than ten years after July 2, 1921, and shall include widower, whenever his condition is such that if the deceased person were living he would have been dependent upon her for support.

(7) That this section shall be deemed to be in effect as of April 6, 1917: Provided, however, That the receipt of a gratuity, pension, or compensation, including adjusted compensation, by widow, child, or parent, on account of the death, disability, or service of any person shall not bar the payment of compensation on account of the death or disability of any other person: Provided, That before compensation under this section shall be paid the claimant shall first surrender all claim to any gratuity or pension payable under any other law on account of the death of the same person: Provided, further, That no changes in rates or compensation made by this act shall be retroactive in effect.

(8) Where any honorably discharged ex-service man who entered the service prior to November 11, 1918, and served ninety days or more during the World War, died of a disability not acquired in the service, the following monthly allowances shall be paid:

(a) If the deceased leaves a widow without means of support other than her daily labor and actual net income not exceeding $250 per year who was his wife and living with him not less than five years next before his death or who married him prior to January 1, 1925, $20.

(b) If the deceased leaves a widow and one child without means of support other than her daily labor and actual net income not exceeding $400 per year, $26, with $6 for each additional child.

(c) If the deceased leaves no widow but one child, $20, with $6 for each additional child: Provided, That no child shall be permitted to draw this allowance who has an actual net income exceeding $400 per year.

(d) If the deceased leaves a dependent father or mother who has reached the age of sixty-five years, $15, or both, $20. Such allowance shall be payable whether the dependency of the father or mother or both arose before or arises after the death of

the ex-service man;

(e) The payment of allowance for a widow shall continue until her death or remarriage.

(f) The payment of allowance to or for a child shall continue until such child reaches the age of sixteen years or marries, or if such child be permanently incapable of selfsupport by reason of mental or physical defect, then during such incapacity.

(g) Whenever the allowance payable to or for the benefit of any person under the provisions of this subdivision is terminated by the happening of the contingency upon which it is limited, the allowance thereafter for the remaining beneficiary or beneficiaries, if any, shall be the amount which would have been payable to them if they had been the sole original beneficiaries.

(h) As between the widow and the children not in her custody and as between children, the amount of allowance shall be apportioned as may be prescribed by regulations.

(i) No allowance under this subdivision shall commence prior to the date of the date of the passage of this amendatory act, or the date of application therefor, and such application shall be in such form as the Administrator of Veterans' Affairs may prescribe.