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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.
Two somewhat novel provisions have been included in this bill: First, the elimination of widows without children; second, the inclusion of dependent parents, irrespective of whether the ex-service man is survived by a widow and children.
As to the first group, in view of the comparatively young age of widows of World War veterans and the modern tendency of women to enter the business world, it was not felt that the Government was under obligation to provide an allowance at this time for such widows. It was realized, however, that where a widow has a child or children to support she would be under a handicap in looking after herself as well as any children she might have, and your committee felt that in such cases the allowance should be granted.
As to the second group, your committee felt that as the parents of men who served during the World War reach the age of 65 they should have a right to look to the Government for some support where they are unable to support themselves. These parents gave their sons to the Nation in time of need, and even though they may not have died from injuries or disease incurred in the service your committee felt justified in recommending an allowance for such parents.
Estimated cost of paying allowances to widows with children, children and dependent
parents 65 years of age and over, of World ar veterans whose deaths were not the result of service
Dependents of veterans having less than 90 days' service were excluded in this estimate.
Rates of allowances on which above estimate were based: Widow, one child, $26 per month plus $6 for each additional child. No widow, one child, $6 per month, plus $6 for each additional child.
One parent over 65 years of age, $15 per month. Two parents over 65 years of age, $20 per month.
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) If 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 disharged, 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 pot 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 shal tinue 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 con. tinued after the age of eighteen years and until completion of education or train, ing (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
and approved by the director, which shall have agreed to report to the director
termination of attendance of such child, and if any such institution of learning fails to make such report promptly the approval shall be witbdrawn.
(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, dies of a disability not acquired in the service the following monthly allowances shall be paid:
(a) If the deceased leaves a widow and one child, $26, with $6 for each additional child;
(6) If the deceased leaves no widow but one child, $20, with $6 for each additional child;
(c) 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: Provided, That the status of dependency shall be determined annually in accordance with regulations to be prescribed by the Administrator of Veterans' Affairs: 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 allowance shall be suspended or discontinued;
(d) The payment of allowance for a widow shall continue until her death or remarriage, but not longer than the period during which the child or children would draw allowance under paragraph (e);
(e) 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 self-support by reason of mental or physical defect, then during such inoa pacity;
(1) 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;
(g) 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;
(h) The term "widow" as used in this subdivision shall not include one who shall have married the deceased later than nine years after July 2, 1921;
(2) No allowance under this subdivision shall commence 'prior to 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.
UNITED STATES TO BE MADE PARTY DEFENDANT IN
FEBRUARY 18, 1931.-Ordered to be printed
Mr. GRAHAM, from the committee of conference, submitted the
[To accompany H. R. 980]
The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H. R. 980) to permit the United States to be made a party defendant in certain cases, having met, after full and free conference, report that at the conference the Senate conferees insisted upon the Senate amendment and the House conferees refused to recede from the disagreement of the House to the Senate amendment, under which circumstances the conferees have agreed to recommend and do recommend to their respective Houses as follows: That the conferees of the respective Houses have agreed to a substitute, to follow the enacting clause, in lieu of the provisions of the House bill and the Senate amendment, as follows:
That, upon the conditions herein prescribed for the protection of the United States, the consent of the United States be, and it is hereby given, to be named a party in any suit which is now pending or which may hereafter be brought in any United States district court, including those for the districts of Alaska, Hawaii, and Porto Rico, and the Supreme Court of the District of Columbia, and in any State court having jurisdiction of the subject matter, for the foreclosure of a mortgage or other lien upon real estate, for the purpose of securing an adjudication touching any mortgage or other lien the United States may have or claim on the premises involved.
Sec. 2. Service upon the United States shall be made by serving the process of the court with a copy of the bill of complaint upon the United States Attorney for the district or division in which the suit has been or may be brought and by sending copies of the process and bill, by registered mail, to the Attorney General of the United States at Washington, District of Columbia. The United States shall have sixty days after service as above provided, or such further time as the court may allow, within which to appear, and answer, plead or demur.
Sec. 3. Any such suit brought against the United States in any State court may be removed by the United States to the United States district court for the district in which the suit may be pending. The removal shall be effected in the manner prescribed by section 29 of the Judicial Code (title 28, sec. 72, U. S. C.), provided that the petition for removal may be filed at any time before the expiration of thirty days after the time herein or by the court allowed to the United States to answer and no removal bond shall be required. The court to which the cause is removed may, before judgment, remand it to the State court if it shall appear that there is no real dispute respecting the rights of the United States, or all the other parties shall concede of record the claims of the United States.
Sec. 4. Except as herein otherwise provided, a judicial sale made in pursuance of a judgment in such a suit shall have the same effect respecting the discharge of the property from liens and encumbrances held by the United States
as may be provided with respect to such matters by the law of the State, Territory, or District in which the land is situated, provided that a sale to satisfy a lien inferior to one of the United States shall be made subject to and without disturbing the lien of the United States, unless the United States, by its attorneys, consents that the property may be sold free of its mortgage or lien and the proceeds divided as the parties may be entitled, and provided further that where a sale is made to satisfy a lien prior to that of the United States, the United States shall have one year from the date of sale within which to redeem. In any case where the debt owing the United States is due, the United States may ask, by way of affirmative relief, for the foreclosure of its own lien or mortgage and in any case where property is sold to satisfy a first mortgage or first lien held by the United States, the United States may bid at the sale such sum not exceeding the amount of its claim with expenses of sale, as may be directed by the chief of the department, bureau or other agency of the Government which has charge of the administration of the laws in respect of which the claim of the United States arises.
Sec. 5. If any person shall have a lien upon any real or personal property, duly filed of record in the jurisdiction in which the property is located, and a junior lien (other than a lien for any tax) in favor of the United States attaches to such property, such person may make a written request to the officer of the United States charged with the administration of the laws in respect of which the lien of the United States arises, to have the same extinguished. If after appropriate investigation, it appears to such officer that the proceeds from the sale of the property would be insufficient to satisfy, in whole or in part, the lien of the United States, or that the claim of the United States has been satisfied, or by lapse of time or otherwise has become unenforceable, such officer shall so report to the Comptroller General who thereupon may issue a certificate of release, which shall operate to release the property from such lien.
Sec. 6. No judgment for costs or other money judgment shall be rendered against the United States in any suit or proceeding which may be instituted under the provisions of this act. Nor shall the United States be or become liable for the payment of the costs of any such suit or proceeding or any part thereof.
Geo. S. GRAHAM,
HATTON W. SUMNERS,
T. J. WALSH,
F. H. GILLETT,