divided); no widow but three children, $36 (equally divided) with $4 for each additional child (the total amount to be equally divided).

(b) The total pension payable under this section shall not exceed $74. Where such benefits would otherwise exceed $74, the amount of $74 may be apportioned as the Administrator of Veterans' Affairs may prescribe. Sec. 2, act of June 28, 1934 (48 Stat. 1281); sec. 2, act of July 19, 1938 (53 Stat. 1069); sec. 2, act of May 27, 1944 (58 Stat. 230); sec. 2, act of Dec. 14, 1944 (58 Stat. 803); 38 U. S. C. 504.

For the purpose of awarding compensation under the provisions of this Act, as amended, service connection of a disability at the date of death, and degree thereof where required, may be determined in any case where a claim has been or is filed by the widow, child, or children of a deceased World War veteran. Proof of disability at the date of death, and degree thereof where required, and evidence as to service connection, may be filed at any time after the date of enactment of this Act or the date of death. Evidence required in connection with any claim must be submitted in accordance with regulations prescribed by the Administrator of Veterans' Affairs. Sec. 4, act of June 28, 1934 (48 Stat. 1282); sec. 2, act of Aug. 16, 1937 (50 Stat. 660); sec. 2, act of May 13, 1938 (52 Stat. 523); sec. 3, act of July 3, 1939 (53 Stat. 1069); 38 U. S. C. 506.

*

Where any veteran suffers or has suffered an injury, or an aggravation of any existing injury, as the result of having submitted to an examination under authority of any of the laws granting monetary or other benefits to World War veterans, and not the result of his misconduct, and such injury or aggravation results in additional disability to or the death of such veteran, the veteran or his dependents shall be entitled to the same benefits as are provided for those who suffer an injury or an aggravation of any existing injury as a result of training, hospitalization, or medical or surgical treatment under the provisions of section 31 of Public Law Numbered 141, Seventy-third Congress, March 28, 1934. No benefits under this section shall be awarded unless application be made therefor within two years after such injury or aggravation was suffered, or such death occurred, or after the date of enactment of this Act, whichever is the later date. Sec. 12, act of Oct. 17, 1940 (54 Stat. 1197); 38 U. S. C. 501a-1.

The benefits of Public Law Numbered 484, Seventy-third Congress, June 28, 1934, as amended, are hereby extended to widows and children of persons who served during the period of the present war, as defined in existing law, subject to the administrative, definitive, and regulatory provisions of Public, Numbered 484, as amended: Provided, That the definition of "widow" shall be that contained in section 6 of Public Law Numbered 144, Seventy-eighth Congress, July 13, 1943. Sec. 4, act of May 27, 1944 (58 Stat. 230); 38 U. S. C. 507b.

The widow, child, or children of a veteran who served in World War II whose death is not due to service therein, but who at the time of death was receiving or entitled to receive pension, compensation, or retirement pay for disability incurred in such service, or who, having served at least ninety days during such war period or having been discharged for disability incurred in line of duty during such service, dies or has died from a disease or disability not service connected and at the time of death had a disability due to such service for which pension would be payable if 10 per centum or more in degree, shall be entitled to pension in the amounts and otherwise

616631-45-21

subject to the conditions of Public Law Numbered 484, as amended: Provided, That for the purposes of this section the definition of the terms "veteran", "widow", "child or children" shall be those applicable to World War II as provided in Public Law Numbered 2, Seventy-third Congress, as now or hereafter amended: And provided further, That section 4, Public Law Numbered 312, Seventy-eighth Congress, is hereby amended accordingly. Sec. 6, act of Dec. 14, 1944 (58 Stat. 804); 38 U. S. C. 735.

The first paragraph, supra, is added after the first paragraph of the original text. The second paragraph of the original text has been amended as indicated in the second paragraph, supra. Subparagraphs (a) and (b) thereof were repealed by section 1, act of December 14, 1944, supra, and are omitted as superseded by subparagraph (a), supra. For saving clauses, see sections 4 and 5, act of December 14, 1944, supra.

The third and fifth paragraphs of the original text have been amended as indicated in the third and fourth paragraphs, supra.

The fifth, sixth, and seventh paragraphs, supra, are added as new provisions of this section. The last paragraph, supra, amends the sixth paragraph, supra.

For section 6, Public Law Numbered 144, Seventy-eighth Congress, to which reference is made in the text of the sixth paragraph, supra, see 1144 (V), post.

Concurrent payments of death compensation and service pay, allotments or family allowances to dependents of persons missing in action is prohibited under certain circumstances by act of September 7, 1944, ante, 1066.

1069a. Medical treatment and hospitalization; utilization of War Department facilities, equipment, and supplies.

The Administrator of Veterans' Affairs and the Secretary of War and Secretary of the Navy are hereby granted authority to enter into agreements and contracts for the mutual use or exchange of use of hospital and domiciliary facilities, and such supplies, equipment, and material as may be needed to operate properly such facilities, or for the transfer, without reimbursement of appropriations, of facilities, supplies, equipment, or material necessary and proper for authorized care for veterans except that at no time shall the Administrator of Veterans' Affairs enter into any agreement which will result in a permanent reduction of Veterans' Administration hospital and domiciliary beds below the number now established or approved, plus the estimated number required to meet the load of eligibles under laws administered by the Veterans' Administration, or in any way subordinate or transfer the operation of the Veterans' Administration to any other agency of the Government. *** Sec. 102, Servicemen's Readjustment Act of June 22, 1944 (58 Stat. 284); 38 U. S. C. 693b.

The above provision is added as a new paragraph of this section.

1070. Government life insurance.

The act of March 23, 1943 (57 Stat. 41); 38 U.S.C. 512, authorizes renewal by the designated beneficiary or authorized agent, of expiring five-year level premium term policies of Government life insurance while insured is in the active military or naval forces outside continental United States, or automatic renewal with payment of premiums by allotments under 2165a-7, post.

1070a. National Service Life Insurance; definitions.-When used in this part

(a) The term "person" means (1) a commissioned officer; (2) a warrant officer; (3) enlisted personnel (including persons selected for training and service under the Selective Training and Service Act of 1940); (4) a member of the Army Nurse Corps (female); and (5) a member of the Navy Nurse Corps (female);

(b) The term "Administrator" means the Administrator of Veterans' Affairs;

(c) The term "active service" means active service in the land or naval forces (including the Coast Guard) of the United States and service in the land or naval forces of the United States under the Selective Training and Service Act of 1940, but the service of any person ordered to active duty in any such force for a period of thirty days or less, shall not be deemed to be active service in such force during such period;

(d) The term "insurance" means National Service Life Insurance; (e) The term "child" includes an adopted child;

(f) The terms "parent", "father" and "mother" include a father, mother, father through adoption, mother through adoption, and persons who have stood in loco parentis to a member of the military or naval forces at any time prior to entry into active service for a period of not less than one year. Sec. 601, Tit. VI act of Oct. 8, 1940 (54 Stat. 1008); sec. 7, act of July 11, 1942 (56 Stat. 659); 38 U. S. C. 801.

By 34a-5 and 173, ante, aviation cadets and aviation students are to be issued Government life insurance in the amount of $10,000, the premiums to be paid by the Government.

1070b. National Service Life Insurance; eligibility and beneficiaries.(a) Every person who is commissioned and hereafter ordered into, or who is hereafter examined, accepted, and enrolled in, the active service and while in such active service shall, upon application in writing (made within one hundred and twenty days after entrance into such active service) and payment of premiums as hereinafter provided and without further medical examination, be granted insurance on the five-year level premium term plan by the United States against the death of such person occurring while such insurance is in force.

(b) Any person who is released from active service within one hundred and twenty days after such enrollment shall be granted such insurance upon application therefor in writing (made within one hundred and twenty days after a subsequent enrollment or entrance into active service and before discharge or resignation therefrom), and upon payment of premiums and evidence satisfactory to the Administrator showing such person to be in good health at the time of such application.

(c) Any person upon reenlistment or reentrance into or reemployment in active service and before discharge or resignation therefrom and any person in the active service upon discharge to accept a commission and before resignation therefrom, shall be granted such insurance upon application therefor in writing (made within one hundred and twenty days following such reenlistment, reentrance, reemployment, or discharge to accept a commission), and upon payment of premiums and evidence satisfactory to the Administrator showing such person to be in good health at the time of such application.

(d) (1) Any person in the active service and while in such service shall be granted such insurance without medical examination and without medicalhistory statement upon application therefor in writing (made within one hundred and twenty days after the date of enactment of this amendatory Act) upon payment of the premiums: Provided, That after the expiration of such one-hundred-and-twenty-day period any such person may be granted national service life insurance at any time upon application, payment of premiums, and evidence satisfactory to the Administrator showing him to be in good health.

(2) Any person in the active service on or after October 8, 1940, who, while in such service and before the expiration of one hundred and twenty days after the date of enactment of this amendatory Act, dies or has died

in line of duty (including death resulting from disease or injury incurred in line of duty), without having in force at the time of such death insurance under the War Risk Insurance Act, as amended, the World War Veterans' Act, 1924, as amended, or this Act, in the aggregate amount of at least $5,000, shall be deemed to have applied for and to have been granted insurance as of the date of entry into active service or October 8, 1940, whichever is later, in the sum of $5,000 payable as provided in section 602 (h), except that payments hereunder shall be made only to the following beneficiaries and in the order named

(A) to the widow or widower of the insured, if living and while unremarried;

(B) if no widow or widower entitled thereto, to the child or children of the insured, if living, in equal shares;

(C) if no widow or widower entitled thereto, or child, to the dependent mother or father of the insured, if living, in equal shares; Provided: That if such person serving as a flying cadet or aviation student, Navy or Army, between October 8, 1940, and June 3, 1941, the date of approval of Public Law Numbered 97 and Public Law Numbered 99, Seventy-seventh Congress, and died as the result of an aviation accident incurred in line of duty while in such active service, such person shall be deemed to have applied for and to have been granted an aggregate amount of insurance of not less than $10,000. Any additional insurance granted by virtue of this proviso shall be payable in the manner provided by this section. (3) (A) Any person in the active service who on or after October 8, 1940, and prior to April 20, 1942, becomes totally disabled as a result of injury or disease incurred in line of duty and such disability continues without interruption for a period of six months or until death intervening prior to the end of such six months' period without having in force at time of incurrence of such disability at least $5,000 insurance issued under the War Risk Insurance Act, as amended, or the World War Veterans' Act, 1924, as amended, or this Act, shall be deemed to have applied for and to have been granted, effective as of the commencement of such total disability, national service life insurance in an amount which together with any such insurance then in force shall aggregate $5,000 and such gratuitous insurance shall continue in force without payment of premiums until six months after the insured ceases to be totally disabled or until one year after the date of enactment of this amendatory Act, whichever is the earlier date: Provided, That such protection shall cease and terminate unless within such period such disabled person shall make application in writing for continuance of all or any part of such insurance and shall submit evidence satisfactory to the Administrator of entitlement to waiver of premiums under section 602 (n) of this Act or tender the premiums thereafter becoming due: Provided further, That waiver of premiums under section 602 (n) shall not be denied under this subsection on the ground that total disability commenced prior to the effective date of such insurance: And provided further, That anyone who applied for and was issued insurance after becoming totally disabled, and but for such application would be entitled to insurance hereunder, shall have the right, upon application within the time and in the manner as above limited, to elect to surrender insurance applied for and to be issued insurance hereunder, or if such insurance shall have lapsed without election, such person shall be considered subject in all respects to the provisions of this subsection, as hereby amended, but policies issued hereunder shall be effective from date of surrender or lapse of policy previously issued.

(B) Any person in the active service who on or after December 7, 1941, and prior to April 20, 1942, has been or shall be captured, besieged, or otherwise isolated by the forces of an enemy of the United States for a period of at least thirty consecutive days and extending beyond April 19, 1942, and at the time of such capture, siege, or isolation by the enemy did not have in force insurance in the aggregate amount of at last $5,000 under the War Risk Insurance Act, as amended, the World War Veterans' Act, as amended, or this Act, shall be deemed to have applied for and to have been granted, effective as of the date of such capture, siege, or isolation, National Service Life Insurance in an amount which together with any such insurance then in force shall aggregate $5,000 of insurance, and such insurance shall remain in force and premiums on such insurance shall be waived during the period while such person remains so captured, besieged, or isolated, and for six months thereafter: Provided, That such protection shall cease and terminate at the end of such period of six months unless within such period such person shall make application in writing for the continuance of all or any part of such insurance and shall submit evidence satisfactory to the Administrator of entitlement to waiver of premiums under section 602 (n) of this Act, or tender the premiums thereafter becoming due.

(4) The benefits and privileges extended by this section are hereby so extended by the Congress because many of the personnel of our armed forces (1) were unable to comply with the prerequisites necessary to the granting of insurance by reason of extended duty in the North Atlantic, Hawaii, the Philippines, and other outlying bases; (2) had failed or neglected to apply for such insurance in the expectation that their service would be peacetime service only; and (3) by reason of the suddenness with which war was thrust upon us, had not sufficient time to apply for such insurance prior to engaging in combat. The Congress hereby declares that no further relief of such character will be granted.

(5) If any person deemed to have been issued insurance under subsection (3) (A) or (B) hereof die without filing application and within the time limited therefor, death insurance benefits shall be payable in the manner and to the persons as stated in subsection (2): Provided, That no application for insurance payments under subsections (2) or (3) as hereby amended, shall be valid unless filed in the Veterans' Administration within five years after the date of death of the insured and the relationship and dependency of the applicant, where required as a basis for such claim, shall be proved as of date of death of insured by evidence satisfactory to the Administrator: And provided further, That persons shown by evidence satisfactory to the Administrator to have been mentally or legally incompetent at the time the right to apply for continuation of insurance or for death benefits expires, may make such application at any time within one year after the removal of such disability.

(6) Policies issued hereunder upon application as provided in subsection (3) (A) or (B) shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance.

(e) The premium rates for such insurance shall be the net rates based upon the American Experience Table of Mortality and interest at the rate of 3 per centum per annum. All cash, loan, paid up, and extended values, and all other calculations in connection with such insurance, shall be based upon said American Experience Table of Mortality and interest at the rate of 3 per centum per annum.

(f) Such insurance shall be issued upon the five year level premium term plan, with the privilege of conversion as of the date when any premium be