Railroad runs along the extreme southwest corner, and in order for the railroad company to electrify its main line from New York to Pittsburgh it was necessary to increase the width of the right-of-way. It will improve the whole situation and we have Budget approval of that.

The CHAIRMAN. It is moved and seconded. All in favor say aye. The committee stands adjourned until 10:30 tomorrow morning. (Whereupon the committee adjourned to Wednesday, February 7, 1940, at 10:30 a. m.)

[H. R. 7697, 76th Cong., 3d sess.]

A BILL To provide for extending the time limit for filing suit on yearly renewable term insurance

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time limit for filing suit on yearly renewable term insurance is hereby extended to one year from the date of the enactment of this Act. Any suit on yearly renewable term insurance which has been dismissed solely on the ground that the period for filing suit has elapsed, may be reinstated within one year from the date of enactment of this Act. This section is made effective as of July 3, 1930, and shall apply to all suits for yearly renewable term insurance now pending or hereafter filed against the United States under the provisions of section 19, World War Veterans' Act, 1924, as amended: Provided, That in cases not heretofore denied, and in which claim is now pending or filed within one year from the date of this enactment, in addition to the suspension of the limitation for the period elapsing between the filing in the Veterans' Administration of the claim under a contract of yearly renewable term insurance and the denial thereof by the Administrator of Veterans' Affairs or someone acting in his name, the claimant shall have one year from the date of mailing of notice by registered mail of such denial within which to file suit.

[H. R. 4793, 76th Cong., 1st sess.]

A BILL To provide for discontinuance of Government insurance payments upon judgment of a court of competent jurisdiction

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in any case in which suit has been or is hereafter brought on a claim under a contract of yearly renewable term insurance or of the United States Government life (converted) insurance, and a court of competent jurisdiction has entered, or may hereafter enter, a final judgment that the insured became, or has become, totally and permanently disabled for insurance purposes while such contract sued upon was in force, payments of benefits in accordance with the terms of such contract shall be made and shall continue until said contract is fully satisfied: Provided, however, That in the event that the Veterans' Administration, after investigation and hearing granted to the insured if requested by him, determines that the insured has recovered from his total and permanent disability and by a duly authorized employee or agency makes a finding to this effect, the case shall be referred by the Veterans' Administration to the Department of Justice and the Department of Justice, through the proper officers, may institute an action, either in the district court of the United States in and for the district in which the insured resides or in the District Court of the United States for the District of Columbia, to terminate such payments under such judgment, and jurisdiction is hereby conferred upon such courts to hear and determine all such controversies: Provided further, That payment of total and permanent disability benefits in such cases shall be continued until a court of competent jurisdiction has finally decreed or entered judgment that the insured has recovered from his previous condition of total and permanent disability: Provided further, That in the event that such action is instituted and the court finds that the insured has not recovered from his condition of total and permanent disability and is entitled to payment of benefits under his contract of insurance, the court as a part of its judgment or decree shall determine and allow reasonable fees to the attorney 214844-40-6

or attorneys of the insured for defending such action, such fees to be paid to the attorney or attorneys by the Veterans' Administration out of the military and naval insurance appropriation and not charged against the insured: And provided further, That when an action to terminate payment of total and permanent disability benefits under a contract of yearly renewable term insurance or United States Government life (converted) insurance results in a judgment or decree in favor of the insured, no further contest shall be instituted by any agency of the United States. This section shall be deemed to be in force and effect as of October 6, 1917.

[H. R. 7977, 76th Cong., 3d sess.]

A BILL To amend the World War Veterans' Act, 1924, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of Public Law Numbered 522, Seventy-first Congress, approved July 3, 1930 (U. S. C., 1934 edition, title 38, sec. 426), is hereby amended by striking out the period at the end thereof and adding: “unless same is rebutted by other evidence".

[H. R. 7895, 76th Cong., 3d sess.]

Seventy-third Congress, as amended, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Public Law Numbered 484, Seventy-third Congress, approved June 28, 1934, as amended, is hereby amended by adding a new section thereto numbered 6 to read as follows:

"SEC. 6. There shall be no recovery of payments heretofore or hereafter made under the provisions of this Act from any person who, in the judgment of the Administrator, is without fault on his part and where, in the judgment of the Administrator, such recovery would defeat the purpose of benefits otherwise authorized or would be against equity and good conscience. No disbursing officer and no certifying officer shall be held liable for any amount paid to any person where the recovery of such amount from the payee is waived under the provisions of this section. This section shall be deemed to be in effect as of June 28, 1934."

[H. R. 2288, 76th Cong., 1st sess.]

A BILL To amend section 504, World War Veterans' Act, 1924, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 504, World War Veterans' Act, 1924, as amended, be amended to read as follows:

"Any person who shall knowingly make or cause to be made, or conspire, combine, aid, or assist in, agree to, arrange for, or in any wise procure the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper or writing purporting to be such, concerning any claim or the approval of any claim for compensation or maintenance and support allowance, or the payment of any money, for himself or for any other person, under titles II or IV hereof, shall, in the discretion of the Administrator of the United States Veterans' Administration, forfeit all rights, claims, and benefits under said titles, and, in addition to any and all other penalties imposed by law, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or by both such fine and imprisonment, for each such offense."

[H. R. 7874, 76th Cong., 3d sess.]

A BILL To define the term "permanent and total" disability as applied to World War veterans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (1) the terms "permanent and

total" or "total permanent" wherever used in laws relating to the payment of compensation or pension to veterans of the World War shall be defined as any reasonably permanent impairment or defect of mind or body, or both, which prevents the individual from following a substantially gainful occupation, providing that, without prejudice to any other cause of disability or employability, the permanent loss of the use of both feet, of both hands, or of both eyes, or of one foot and one hand, or of one foot and one eye, or of one hand and one eye, or the loss of hearing of both ears, or the organic loss of speech shall be deemed total permanent disability.

(2) That paragraph (f), section 1, part III, Veterans Regulation Numbered 1 (a), is hereby amended to read: "The amount of pension payable under the terms of part III shall be $50 monthly."

[H. R. 7593, 76th Cong., 2d sess.]

A BILL To provide Government protection to widows and children of deceased World War veterans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the surviving widow, child, or children of any honorably discharged person who entered the service prior to November 12, 1918, or if the persons were serving with the United States military forces in Russia before April 2, 1920, and served ninety day or more during the World War, or who, having served less than ninety days, was discharged for disability in the service in line of duty, dies, or has died from a disease or disability not service connected, shall, upon filing application and such proofs in the Veterans' Administration as the Administrator of Veterans' Affairs may prescribe, be entitled to receive compensation: Provided, That payment of compensation under the provisions of this Act shall not be made to any widow without child, or a child, whose annual income exceeds $1,000, or to a widow with a child or children whose annual income exceeds $2,500. In determining annual income, payments of war risk term insurance, United States Government life (converted) insurance, and payments under the World War Adjusted Compensation Act, as amended (U. S. C., title 38, ch. 11), and the Adjusted Compensation Payment Act, 1936, as amended, shall not be considered.

SEC. 2. (a) The monthly rates of compensation shall be as follows: Widow but no child, $30; widow with one child, $38 (with $4 for each additional child); no widow but one child, $15; no widow but two children, $22 (equally divided); no widow but three children, $30 (equally divided) (with $3 for each additional child; total amount to be equally divided).

(b) The total compensation payable under this section shall not exceed $64. Where such benefits would otherwise exceed $64, the amount of $64 may be apportioned as the Administrator of Veterans' Affairs may prescribe.

SEC. 3. That as used in this Act

(a) The term "person who entered the service" shall means a person, whether male or female, and whether commissioned, enlisted, or drafted, who was finally accepted for active service in the military or naval forces of the United States, members of training camps authorized by law, and such other persons heretofore recognized by statute or veterans' regulations as being eligible for World War service connection for disability;

(b) The term "widow" shall mean a person who was married prior to the date of enactment of this Act to the person who served: Provided, That all marriages shall be proved as valid marriages according to the law of the place where the parties resided at the time of marriage or the law of the place where the parties resided when the right to compensation accrued; and

(c) The term "child" shall mean a person unmarried and under the age of eighteen years, unless prior to reaching the age of eighteen the child becomes or has become permanently incapable of self-support by reason of mental or physical defect, who is a legitimate child, a child legally adopted, a stepchild if a member of the man's household, an illegitimate child, but as to the father only, if acknowledged in writing signed by him or if he has been judicially ordered or decreed to contribute to such child's support or has been judicially decreed to be the putative father of such a child: Provided, That the payment of compensation shall be continued after the age of eighteen years and until

completion of education or training to any child who is or may hereafter be pursuing a course of instruction, entered into before said child reached his or her twenty-first birthday, at a school, college, academy, seminary, technical institute, or university, particularly designated by him and approved by the Administrator, which shall have agreed to report to the Administrator 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.

SEC. 4. That payment shall be effective from the date of enactment of this Act in all cases where application under Public Law Numbered 484, Seventythird Congress, as amended, is on file in the Veterans' Administration prior to the date of enactment of this Act, and in all other cases payment shall be made from the date the application of the widow, child, or children, in the form prescribed by the Administrator of Veterans' Affairs, is filed in the Veterans' Administration.

SEC. 5. This Act may be cited as the "World War Widows' and Dependent Children's Act, 1940".

[H. R. 7707, 76th Cong., 3d sess.]

A BILL To make temporary disability ratings of World War veterans permanent afterten years

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when the rating as to the degree of disability of any World War veteran to whom disability compensation has been or is hereafter allowed under the Act of Congress approved March 20, 1933, as amended and supplemented (U. S. C., 1934 edition, title 38, ch. 1; Supp. II, title 38, ch. 12), has been in effect for a period of ten years, such rating shall become permanent, except in case of fraud affecting the rating and in which the veteran has participated. Such rating may be increased upon the initiative of either the veteran or the Veteran's Administration.

[H. R. 2289, 76th Cong., 1st sess.]

A BILL To amend existing law to restore 100 per centum of compensation previously payable to veterans under the World War Veterans' Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That that part of the second proviso, section 28, Public Law Numbered 141, Seventy-third Congress, March 28, 1934 (48 Stat. 524; U. S. C., title 38, sec. 722), which limits payment of compensation thereunder to 75 per centum of the payments otherwise authorized, is hereby repealed and the Administrator of Veterans' Affairs is hereby authorized and directer to pay 100 per centum of the compensation otherwise authorized under Public Law Numbered 141, Seventy-third Congress.

[H. R. 7705, 76th Cong., 3d sess.]

A BILL To provide minimum ratings for service-connected disabilities incurred during the World War

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrator of Veterans' Affairs is hereby authorized and directed to insert in the rating schedule of the Veterans' Administration a minimum rating of permanent partial 1 per centum for any service-connected disability incurred during the World War.

SEC. 2. The Administrator of Veterans' Affairs is hereby further authorized and directed to insert in the rating schedule of the Veterans' Administration a minimum rating of permanent partial 10 per centum for wounds incurred in line of duty in active service during the World War.

[H. R. 7873, 76th Cong., 3d sess.]

A BILL To permit post-mortem ratings and payment thereon of accrued awards of compensation, pension, or emergency officers' retirement pay

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph V of part I of Veterans

Regulation Numbered 2 (a), as amended, is hereby amended by striking the last sentence thereof and substituting in lieu thereof the following: "Pending claims for compensation, pension, or emergency officers' retirement pay may be adjudicated upon the evidence in file at the time of death or furnished within the period for filing and completing claim as herein prescribed, and any amount found due shall be awarded and paid in the manner hereinbefore provided, except that the aggregate sum allowed in any one case under this paragraph shall not exceed $1,000."

[H. R. 2650, 76th Cong., 1st sess.]

A BILL To amend Veterans Regulation Numbered 6 (a), as amended, to authorize hospital care and treatment for American veterans residing in foreign countries, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph IV, Veterans Regulation Numbered 6 (a), as amended (U. S. C., 1934 edition, title 38, ch. 12, appendix), is hereby amended to read as follows:

"IV. No person shall be entitled to receive domiciliary, medical, or hospital care, including treatment, who resides outside of the continental limits of the United States or its Territories or possessions, unless such person is a citizen of the United States and is suffering from a disability due to service in the armed forces of the United States. As to such persons the Administrator of Veterans' Affairs is authorized to furnish hospital care, including medical treatment, when necessary for the relief of such service-connected disabilities, in such manner as the Administrator shall by regulation prescribe."

A BILL To repeal the restriction in section 5 of Public Law Numbered 198, Seventy-sixth Congress, July 19, 1939, pertaining to receipt of yearly renewable term or automatic insurance

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sentence in section 5 of Public Law Numbered 198, Seventy-sixth Congress, approved July 19, 1939, which reads, "The amount of compensation herein authorized shall be paid in the event the monthly payment of compensation under Veterans Regulation Numbered 1 (g) and the monthly payment of yearly renewable term or automatic insurance does not aggregate or exceed the amount of compensation herein authorized", is hereby repealed.

[H. R. 7894, 76th Cong., 3d sess.]

A BILL To amend Veterans Regulation Numbered 10 (a), section 1, paragraph VI, defining the term "child"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Veterans Regulation Numbered 10 (a), section 1, paragraph VI, be amended to read as follows:

"VI, The term 'child' shall include a legitimate child; a child legally adopted; a foster child; a stepchild, if a member of the household of the person who served; an illegitimate child, but, as to the father only, if acknowledged in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child's support, or has been judicially decreed to be the putative father of such child; unmarried and under the age of eighteen, unless prior to reaching the age of eighteen the child becomes or has become permanently incapable of self-support by reason of mental or physical defect, except that the payment of compensation or pension shall be further continued after the age of eighteen years and until completion of education or training to any child who is or many hereafter be pursuing a course of instruction entered into before said child reached his or her twenty-first birthday at a school, college, academy, seminary, technical institute, or university, particularly designated by him and approved by the Administrator, which shall have agreed to report to the Administrator 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."