shall be granted by the Bureau of War Risk Insurance on application made by the person to be insured or, subject to such regulations as the bureau may prescribe, by any person within the permitted class as specified in section four hundred and two of said Act: Provided, That the person to be insured has been taken a prisoner of war before April twelfth, nineteen hundred and eighteen: And provided further, That no one but the insured may designate a beneficiary, and nothing in this resolution shall be deemed to change or affect the permitted class of beneficiaries or impose any obligation on the insured against his will. Approved, April 2, 1918.

[PUBLIC-No. 151-65TH CONGRESS.]

[H. R. 11245.]

AN ACT To amend an Act entitled "An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department," approved September second, nineteen hundred and fourteen, and an Act in amendment thereto, approved October sixth, nineteen hundred and seventeen.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section thirteen, article one, of the Act approved October sixth, nineteen hundred and seventeen, entitled "An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department," be, and is hereby, amended by striking out the following words in the last sentence: " to regulate the matter of compensation, if any, but in no case to exceed ten per centum, to be paid to claim agents and attorneys for services in connection with any of the matters provided for in articles two, three, and four," and insert at the end of the sentence the following words: " Provided, however, That payment to any attorney or agent for such assistance as may be required in the preparation and execution of the necessary papers shall not exceed $3 in any one case: And provided further, That no claim agent or attorney shall be recognized in the presentation or adjudication of claims under articles two, three, and four, except that in the event of disagreement as to a claim under the contract of insurance between the bureau and any beneficiary or beneficiaries thereunder, an action on the claim may be brought against the United States in the district court of the United States in and for the district in which such beneficiaries or any one of them resides, and that whenever judgment shall be rendered in an action brought pursuant to this provision, the court, as part of its judgment, shall determine and allow such reasonable attorney's fees, not to exceed five per centum of the amount recovered, to be paid by the claimant in behalf of whom such proceedings were instituted, to his attorney.

"Any person who shall directly or indirectly solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive, any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall be punishable by a fine of not more than $500 or by imprisonment at hard labor for not more than two years, or by both such fine and imprisonment," so that the section as amended shall read as follows:

"SEC. 13. That the director, subject to the general direction of the Secretary of the Treasury, shall administer, execute, and enforce the provisions of this Act, and for that purpose have full power and authority to make rules and regulations not inconsistent with the provisions of this Act, necessary or appropriate to carry out its purposes, and shall decide all questions arising under the Act, except as otherwise provided in section five. Wherever under any provision or provisions of the Act regulations are directed or authorized to be made, such regulations, unless the context otherwise requires, shall or may be made by the director, subject to the general direction of the Secretary of the Treasury. The director shall adopt reasonable and proper rules to govern the procedure of the divisions and to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits of allowance, allotment, compensation, or insurance provided for in this Act, the forms of application of those claiming to be entitled to such benefits, the methods of making investigations and medical examinations, and the manner and form of adjudications and awards: Provided, however, That payment to any attorney or agent for such assistance as may be required in the preparation and execution of the necessary papers shall not exceed $3 in any one case: And provided further, That no claim agent or attorney shall be recognized in the presentation or adjudication 69247°-18- -26

of claims under articles two, three, and four, except that in the event of disagreement as to a claim under the contract of insurance between the bureau and any beneficiary or beneficiaries thereunder an action on the claim may be brought against the United States in the district court of the United States in and for the district in which such beneficiaries or any one of them resides, and that whenever judgment shall be rendered in an action brought pursuant to this provision the court, as part of its judgment, shall determine and allow such reasonable attorney's fees, not to exceed five per centum of the amount recovered, to be paid by the claimant in behalf of whom such proceedings were instituted to his attorney, said fee to be paid out of the payments to be made to the beneficiary under the judgment rendered at a rate not exceeding onetenth of each of such payments until paid.

"Any person who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall be punishable by a fine of not more than $500 or by imprisonment at hard labor for not more than two years, or by both such fine and imprisonment."

SEC. 2. That Article IV of said Act, approved October sixth, nineteen hundred and seventeen, entitled "An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department," is hereby amended by striking out section four hundred and five thereof.

Approved, May 20, 1918.

[PUBLIC-No. 175-65TH CONGRESS.]

[S. 4482.]

AN ACT To amend an Act entitled "An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department," approved September second, nineteen hundred and fourteen, as amended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second subdivision (4) of section twenty-two of the Act entitled "An Act to authorize the establishment of a Bureau of War Risk Insurance in the Treasury Department," approved September second, nineteen hundred and fourteen, as amended, relating to the definition of the term "parent," is hereby amended to read as follows:

"(4) The term 'parent' includes a father, mother, grandfather, grandmother, father through adoption, mother through adoption, stepfather, and stepmother, either of the person in the service or of the spouse."

SEC. 2. That four new sections are hereby added to Article I of said Act, to be known as sections twenty-seven, twenty-eight, twenty-nine, and thirty, respectively, and to read as follows:

"SEC. 27. That whoever shall obtain or receive any money, check, allotment, family allowance, compensation, or insurance under Articles II, III, or IV of this Act, without being entitled thereto, with intent to defraud the United States or any person in the military or naval forces of the United States, shall be punished by a fine of not more than $2,000, or by imprisonment for not more than one year, or both.

"SEC. 28. That the allotments and family allowances, compensation, and insurance payable under Articles II, III, and IV, respectively, shall not be assignable; shall not be subject to the claims of creditors of any person to whom an award is made under Articles II, III, or IV; and shall be exempt from all taxation: Provided, That such allotments and family allowances, compensation, and insurance shall be subject to any claims which the United States may have, under Articles II, III, and IV, against the person on whose account the allotments and family allowances, compensation, or insurance is payable. "SEC. 29. That the discharge or dismissal of any person from the military or naval forces on the ground that he is an enemy alien, conscientious objector, or a deserter, or as guilty of mutiny, treason, spying, or any offense involving moral turpitude, or willful and persistent misconduct shall terminate any insurance granted on the life of such person under the provisions of Article IV, and shall bar all rights to any compensation under Article III or any insurance under Article IV.

"SEC. 30. That this Act may be cited as the war-risk insurance Act."

SEC. 3. That section two hundred of said Act is hereby amended to read as follows:

"SEC. 200. That the provisions of this article shall apply to all enlisted men in the military or naval forces of the United States, except the Philippine Scouts, the insular force of the Navy, and the Samoan native guard and band of the Navy."

SEC. 4. That the second and third paragraphs of section two hundred and one of said Act are hereby amended to read as follows:

"The monthly compulsory allotment shall be $15. For a wife living separate and apart from her husband under court order or written agreement, or for a former wife divorced, the monthly compulsory allotment shall not exceed the amount specified in the court order, decree, or written agreement to be paid to her, and for an illegitimate child, to whose support the father has been judicially ordered or decreed to contribute, it shall not exceed the amount fixed in the order or decree.

"If there is a compulsory allotment for a wife or child, then a former wife divorced who has not remarried and to whom alimony has been decreed, shall not be entitled to a compulsory allotment, but shall be entitled to a family allowance as hereinafter provided."

SEC. 5. That section two hundred and three of said Act is hereby amended to read as follows:

"SEC. 203. That in case one-half of an enlisted man's monthly pay is not allotted, regulations to be made by the Secretary of War and the Secretary of the Navy, respectively, may require, under circumstances and conditions as may be prescribed in such regulations, that any proportion of such one-half pay as is not allotted shall be deposited to his credit, to be held during such period of his service as may be prescribed. Such deposit shall bear interest at the same rate as United States bonds bear for the same period, and, when payable, shall be paid principal and interest to the enlisted man, if living, otherwise to any beneficiary or beneficiaries he may have designated, or if there be no such beneficiary, then to the person or persons who, under the laws of the State of his residence, would be entitled to his personal property in case of intestacy."

SEC. 6. That the third and fourth paragraphs of section two hundred and four of said Act are hereby amended to read as follows:

"Class A. In the case of a man to his wife (including a former wife divorced) and to his child or children

"(a) If there is a wife but no child, $15;

"(b) If there is a wife and one child, $25;

"(c) If there is a wife and two children, $32.50, with $5 per month additional for each additional child;

"(d) If there is no wife, but one child, $5;

"(e) If there is no wife, but two children, $12.50;

"(f) If there is no wife, but three children, $20;

"(g) If there is no wife, but four children, $30, with $5 per month additional for each additional child;

"(h) If there is a former wife divorced who has not remarried and to whom alimony has been decreed, $15.

"Class B. In the case of a man or woman to a grandchild, a parent, brother, or sister

"(a) If there is one parent, $10;

"(b) If there are two parents, $20;

"(c) If there is a grandchild, brother, sister, or additional parent, $5 for each.

"In the case of a woman, the family allowances for a husband and children shall be in the same amounts, respectively, as are payable, in the case of a man, to a wife and children, provided she makes a voluntary allotment of $15 as a basis therefor, and provided, further, that dependency exists as required in section two hundred and six."

SEC. 7. That section two hundred and six of said Act is hereby amended to read as follows:

66

SEC. 206. That family allowances to members of class B shall be paid only if and while the members are dependent in whole or in part on the enlisted man, and then only if and while the enlisted man makes a monthly allotment of his pay for such members in the following amounts:

"(a) If an enlisted man is not making a compulsory allotment for class A the allotment for class B required as a condition to the family allowance shall be $15;

"(b) If an enlisted man is making a compulsory allotment for class A the additional allotment for class B required as a condition to the family allow

ance shall be $5, or if a woman is making an allotment of $15 for a dependent husband or child the additional allotment for the other members of class B required as a condition to the family allowance shall be $5."

SEC. 8. That section two hundred and ten of said Act is hereby amended to read as follows:

"SEC. 210. That upon receipt of any application for family allowance, the commissioner shall make all proper investigations and shall make an award, on the basis of which award the amount of the allotments to be made by the man shall be certified to the War Department or Navy Department, as may be proper. Whenever the commissioner shall have reason to believe that an allowance has been improperly made or that the conditions have changed, he shall investigate or reinvestigate and may modify the award. The amount of each monthly allotment and allowance shall be determined according to the family conditions existing on the first day of the month."

SEC. 9. That sections four, six, seven, and eight of this Act shall take effect on the first day of July, nineteen hundred and eighteen.

SEC. 10. That section three hundred of said Act is hereby amended to read as follows:

"SEC. 300. That for death or disability resulting from personal injury suffered or disease contracted in the line of duty, by any commissioned officer or enlisted man. or by any member of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) when employed in the active service under the War Department or Navy Department, the United States shall pay compensation as hereinafter provided; but no compensation shall be paid if the injury or disease has been caused by his own willful misconduct: Provided, That for the purposes of this section said officer, enlisted man, or other member shall be held and taken to have been in sound condition when examined, accepted, and enrolled for service: Provided further, That this section, as amended, shall be deemed to become effective as of October sixth, nineteen hundred and seventeen."

SEC. 11. That section three hundred and one of said Act is hereby amended to read as follows:

"SEC. 301. 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, $25;

"(b) If there is a widow and one child, $35;

"(c) If there is a widow and two children, $42.50, with $5 for each additional child up to two;

"(d) If there is no widow, but one child, $20;

"(e) If there is no widow, but two children, $30;

"(f) If there is no widow, but three children, $40, with $5 for each additional child up to two;

"(g) 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. This compensation shall be payable for the death of but one child, and no compensation for the death of a child shall be payable if the dependent mother is in receipt of compensation under the provisions of this article for the death of her husband. Such compensation shall be payable whether the dependency of the father or mother or both arises before or after the death of the person, but no compensation shall be payable if the dependency arises more than five years after the death of the person.

"If the death occurs before discharge or resignation from service, the United States shall pay for burial expenses and the return of the body to his home a sum not to exceed $100, as may be fixed by regulations.

"The payment of compensation to a widow shall continue until her death or remarriage.

"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 incapable, because of insanity, idiocy, or being otherwise permanently helpless, then during such incapacity.

"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.

WAR-RISK INSURANCE.

393

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

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

SEC. 12. That subdivision (1) of section three hundred and two of said Act is hereby amended to read as follows:

"(1) If and while the disability is total, the monthly compensation shall be the following amounts:

"(a) If the disabled person has neither wife nor child living, $30;

"(b) If he has a wife but no child living, $45;

"(c) If he has a wife and one child living, $55;

"(d) If he has a wife and two children living, $65;

"(e) If he has a wife and three or more children living, $75;

"(f) If he has no wife but one child living, $40, with $10 for each additional child up to two;

"(g) If he has a mother or father, either or both dependent on him for support, then in addition to the above amounts, $10 for each;

"(h) If he is totally disabled and in addition so helpless as to be in constant need of a nurse or attendant, such additional sum shall be paid, but not exceeding $20 per month, as the director may deem reasonable: Provided, however, That for the loss of both feet or both hands or both eyes, or for becoming totally blind or becoming helpless and permanently bedridden from causes occurring in the line of duty in the service of the United States, the rate of compensation shall be $100 per month: Provided further, That where the rate of compensation is $100 per month, no allowance shall be made for a nurse or attendant."

SEC. 13. That subdivision (4) of section three hundred and two of said Act is hereby amended to read as follows:

"(4) The amount of each monthly payment shall be determined according to the family conditions existing on the first day of the month."

SEC. 14. That two new subdivisions are hereby added to section three hundred and two of said Act, to be known as subdivisions (5) and (6), respectively, and to read as follows:

"(5) Where the disabled person and his wife are not living together, or where the children are not in the custody of the disabled person, the amount of the compensation shall be apportioned as may be prescribed by regulations.

"(6) The term 'wife' as used in this section shall include 'husband' if the husband is dependent upon the wife for support."

SEC. 15. That where section three hundred and one of said Act is amended by striking out the provisions that a mother is entitled to compensation only when she is widowed and substitute provisions are included to the effect that compensation is payable to a dependent mother or dependent father, such substitute provisions shall be deemed to be in effect as of October sixth, nineteen hundred and seventeen.

SEC. 16. That section three hundred and eleven of said Act is hereby repealed. SEC. 17. That section three hundred and twelve of said Act is hereby amended to read as follows:

"SEC. 312. That compensation under this article shall not be paid while the person is in receipt of service or retirement pay. The laws providing for gratuities or payments in the event of death in the service and existing pension laws shall not be applicable after the enactment of this amendment to any person in the active military or naval service on the sixth day of October, nineteen hundred and seventeen, or who thereafter entered the active military or naval service, or to their widows, children, or their dependents, except in so far as rights under any such law have heretofore accrued.

"Compensation because of disability or death of members of the Army Nurse Corps (female) or of the Navy Nurse Corps (female) shall be in lieu of any compensation for such disability or death under the Act entitled 'An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,' approved September seventh, nineteen hundred and sixteen."

SEC. 18. That section three hundred and thirteen of said Act is hereby amended to read as follows:

"SEC. 313. (1) That if an injury or death for which compensation is payable under this article is caused under circumstances creating a legal liability