[H. R. 7896, 76 Cong., 3d sess.]

A BILL To amend Veterans Regulation Numbered 10, paragraph VII, to define the term "parent"

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

"VII. The term 'parent' shall mean the natural mother or father, mother or father through adoption, the natural grandmother or grandfather, and persons who have stood in loco parentis to the person who served. The natural mother or father shall take precedence over the stepmother or stepfather unless the natural mother or father, in the judgment of the Administrator, failed to accept the responsibility of caring for the child."

[H. R. 7939, 76th Cong., 3d sess.]

A BILL To provide for a statutory award of $35 per month in addition to any compensation payable to a World War veteran for the loss of the use of one or more feet or hands

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the date of enactment of this Act, World War veterans otherwise entitled to the statutory award under the provisions of the last paragraph of section 202 (3), World War Veterans' Act, 1924, as amended, for the loss of the use of one or more feet or hands, shall be paid $35 per month additional compensation in lieu of $25 per month previously authorized.

AN ACT Relating to the funeral costs and transportation of bodies of certain deceased veterans

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraphs II, III, and IV of Veterans Regulation Numbered 9 (a), as amended, be further amended to read as follows:

"II. Where an honorably discharged veteran of any war or a veteran of any war in receipt of pension or compensation dies after discharge, the Administrator, in his discretion and with due regard to the circumstances in each case, shall pay, for burial and funeral expenses and transportation of the body (including preparation of the body) to the place of burial, a sum not exceeding $100 to cover such items and to be paid to such person or persons as may be prescribed by the Administrator. The Administrator may, in his discretion, make contracts for burial and funeral services within the limits of the amount herein allowed without regard to the laws prescribing advertisement for proposals for supplies and services for the Veterans' Administration. No deduction shall be made from the burial allowance because of any contribution from any source toward the burial and funeral (including transportation) unless the amount of expenses incurred is covered by the amount actually paid for burial and funeral (including transportation) purposes by a State, county, or other political subdivision, Workmen's Compensation Commission, State Industrial Accident Board, employer, burial association or Federal Agency: Provided, That no claim shall be allowed for more than the difference between the entire amount of the expenses incurred, and the amount paid by any or all of the foregoing agencies or organizations: Provided further, That nothing herein shall be construed to cause the denial of or a reduction in the amount of the burial allowance otherwise payable because of a cash contribution made by a burial association to any person other than the person rendering burial and funeral services: Provided further, That nothing herein contained shall be construed so as to cause payment of the burial allowances or any part thereof in any case where specific provision is otherwise made for payment of expenses of funeral, transportation and interment under any other Act.

"III. Where death occurs in a Veterans' Administration facility within the continental limits of the United States, the Veterans' Administration will (a) assume the actual cost (not to exceed $100) of burial and funeral and (b) transport the body to the place of burial within the continental limits of the

United States or to the place of burial in Alaska if the veteran was a resident of Alaska and had been brought to the United States as a beneficiary of the Veterans' Administration for hospital or domiciliary care. Where a veteran dies while hospitalized under authority of the Veterans' Administration in a territory or possession of the United States the Veterans' Administration will (a) assume the actual cost (not to exceed $100) of burial and funeral and (b) transport the body to the place of burial within the territory or possession. "IV. Claims for reimbursement must be filed within 2 years subsequent to the date of burial of the veteran. In the event the claimant's application is not complete at the time of original submission, the Veterans' Administration will notify the claimant of the evidence necessary to complete the application and if such evidence is not received within one year from the date of the request therefor no allowance may be paid: Provided, That the Administrator is authorized and directed to adjudicate any unpaid claim filed within 2 years after the enactment of this Act where death occurred on or after March 20, 1933, and claim was not filed within the regulatory period, and to grant burial allowance under the laws and regulations in effect on the date of adjudication after the enactment of this Act, if all other requirements are met."

SEC. 2. That paragraph III of Veterans Regulation Numbered 6 (a), as amended, be further amended to read as follows:

"III. To persons unable to defray the cost thereof, transportation and other necessary expenses incidental thereto will be supplied to cover travel to a Veterans' Administration facility for domiciliary or hospital care; to cover return travel to the place from which the person proceeded to the facility, when he is regularly discharged upon completion of such care; and to cover travel involved in a transfer, deemed necessary, from one Veterans' Administration facility to another. All such travel will be subject to grant of prior authorization therefor. In the event of death of any such person within the continental limits of the United States prior to his discharge from such care, transportation expenses (including preparation of the body) for the return of the body to the place of burial within the continental limits of the United States or to the place of burial in Alaska if the veteran was a resident of Alaska, and had been brought to the United States as a beneficiary of the Veterans' Administration for hospital or domiciliary care, may be paid in the discretion of the Administrator of Veterans' Affairs, when deemed necessary and as an administrative necessity. In the event of death of any such person

in a territory or possession of the United States transportation expenses (including preparation of the body) for the return of the body to place of burial within the territory or possession may be paid."

SEC. 3. This Act shall be applied to any claim for burial benefits pending in the Veterans' Administration on the date of its enactment.

PENSIONS FOR WORLD WAR VETERANS' WIDOWS

AND ORPHANS

WEDNESDAY, FEBRUARY 7, 1940

HOUSE OF REPRESENTATIVES,

COMMITTEE ON WORLD WAR VETERANS' LEGISLATION,

Washington, D. C.

The committee met at 10:30 a. m., Hon. John E. Rankin (chairman) presiding.

The CHAIRMAN. The committee will come to order.

I believe the schedule this morning is to hear Capt. Thomas Kirby, the legislative representative of the Disabled American Veterans of the World War.

STATEMENT OF THOMAS KIRBY, NATIONAL SERVICE DIRECTOR, DISABLED AMERICAN VETERANS

Mr. KIRBY. Mr. Chairman, as I explained before the committee. the other day, our legislative program is brief because it is limited exclusively to those disabled in the war and their dependents. A war-incurred disability is a requirement of eligibility for membership in our organization.

The CHAIRMAN. Captain Kirby, I believe you have two bills here?

Mr. KIRBY. We have for this committee H. R. 7558 and H. R. 7560.

The CHAIRMAN. You want to insert them in the record at this time?

Mr. KIRBY. I would like to have both of these inserted.

The CHAIRMAN. Or would you like to insert them at the beginning of the record?

Mr. KIRBY. Either way you prefer. My comments will be addressed mostly to these bills.

The CHAIRMAN. They will be inserted in the record at this point.

[H. R. 7560, 76th Cong., 2d sess.]

A BILL To restore service-connected benefits to World War veterans, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a World War veteran entitled to or receiving compensation for a service-connected disability shall be rated as temporarily totally disabled and the Administrator of Veterans' Affairs is hereby authorized and directed to pay compensation benefits in accordance with such rating for any period during which the veteran is hospitalized for treatment of such service-connected disability deemed necessary and suitable by the Administrator of Veterans' Affairs: Provided, That where the monthly rate of com

pensation to which the veteran was entitled or was being paid, upon entry into such hospitalization, would exceed the rate authorized herein, the veteran shall receive the higher rate.

That part of paragraph VI (A), Veterans Regulation Numbered 6 (a), as amended by Veterans Regulation Numbered 6 (c), promulgated under the provisions of Public Law Numbered 2, Seventy-third Congress, March 20, 1933, preceding the first proviso, is hereby repealed insofar as it pertains to compensation and emergency officers' retirement pay being paid to World War veterans for service-connected disabilities.

That part of paragraph VI (B), Veterans Regulation Numbered 6 (a), as amended by Veterans Regulation Numbered 6 (c), promulgated under the provisions of Public Law Numbered 2, Seventy-third Congress, March 20, 1933 (U. S. C., title 38, ch. 12, appendix), preceding the last proviso, is hereby amended to read as follows:

"(B) Where any disabled veteran having neither wife, child, nor dependent parent is being furnished hospital treatment, institutional or domiciliary care by the United States or any political subdivision thereof and shall be deemed by the Administrator of Veterans' Affairs to be insane, and where the estate of such disabled insane veteran derived from funds paid under the laws administered by the Veterans' Administration, equals or exceeds $1,500, further payments of pension, compensation, or emergency officers' retirement pay will not be made until the estate derived from such funds is reduced to $500:".

SEC. 2. 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 as of the date of enactment of this Act, and the Administrator of Veterans' Affairs is hereby authorized and directed to pay 100 per centum of the compensation otherwise authorized under Public Law Numbered 141, Seventy-third Congress.

SEC. 3. That part of the first proviso of section 200, World War Veterans' Act, 1924, as amended (46 Stat. 995; U. S. C., title 38, sec. 471), following the first sentence, pertaining to conclusive presumption of soundness, is hereby reenacted into law and shall apply to all claims of World War veterans and their dependents for compensation on account of service-connected disabilities.

SEC. 4. Notwithstanding the provisions of any law of the United States, any person who served as an officer of the Army, Navy, or Marine Corps of the United States during the World War, other than as an officer of the Regular Army, Navy, or Marine Corps during the World War, who made valid application for retirement under the provisions of Public Law Numbered 506, Seventieth Congress, enacted May 24, 1928 (U. S. C., Supp. VII, title 38, secs. 581 and 582), and who prior to the passage of this Act has been granted retirement with pay, shall be entitled to continue to receive retirement pay at the monthly rate paid him on March 19, 1933, if the disability for which he has been retired resulted from disease or injury or aggravation of a preexisting disease or injury incurred in such service, in fact, in line of duty and directly resulting from the performance of duty: Provided, That such person rendered active service as a commissioned officer within the period between April 6, 1917, and November 11, 1918: Provided further, That where the disability is now or hereafter determined to be directly incurred in or aggravated during active service, in fact, in line of duty without benefit of any statutory or regulatory presumption of any kind, it will be considered to have directly resulted from performance of duty, unless otherwise shown by official record, or clear and unmistakable evidence.

No beneficiary under this section shall receive any retirement pay for any period prior to the date of enactment of this Act.

Subsection (b) of section 212 of Public Law Numbered 212, Seventy-second Congress, is hereby amended to read as follows:

"(b) This section shall not apply to any person whose retired pay plus civilian pay amounts to less than $3,000: Provided, That this section shall not apply to regular or emergency commissioned officers retired for disability incurred in combat with an enemy of the United States or for disabilities resulting from an explosion of an instrumentality of war in line of duty during an enlistment or employment as provided in Veterans Regulation Numbered 1 (a), part I, paragraph I."

SEC. 5. The Administrator of Veterans' Affairs is hereby authorized and directed to place service-connected disability ratings on a permanent basis