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upon some person other than the United States or the enemy to pay damages therefor, the director, as a condition to payment of compensation by the United States, may require the beneficiary to assign to the United States any right of action he may have to enforce such liability of such other person, or if it appears to be for the best interests of the beneficiary the director may require him to prosecute the said action in his own name, subject to regulations. The director may require such assignment or prosecution at any time after the injury or death, and the failure on the part of the beneficiary to so assign or to prosecute said cause of action in his own name within a reasonable time, to be fixed by the director, shall bar any right to compensation on account of the same injury or death. The cause of action so assigned to the United States may be prosecuted or compromised by the director, and any money realized or collected thereon, less the reasonable expenses of such realization or collection, shall be placed to the credit of the military and naval compensation appropriation. If the amount placed to the credit of such appropriation in such case is in excess of the amount of the award of compensation, if any, such excess shall be paid to the beneficiary after any compensation award for the same injury or death is made.
If a beneficiary or conditional beneficiary shall have recovered, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such money or other property so recovered shall be credited upon any compensation payable, or which may become payable, to such beneficiary, or conditional beneficiary by the United States on account of the same injury or death.
“(2) If an injury or death for which compensation may be payable under this article is caused under circumstances creating a legal liability upon some person, other than the United States or the enemy, to pay damages therefor, then, in order to preserve the right of action, the director may require the conditional beneficiary at any time after the injury or death, to assign such right of action to the United States, or, if it appears to be for the best interests of such conditional beneficiary, to prosecute the said cause of action in his own name, subject to regulations. The failure on the part of the beneficiary to so assign or to prosecute the said cause of action in his own name within a reasonable time, to be fixed by the director, shall bar any right to compensation on account of the same injury or death. The cause of action so assigned may be prosecuted or compromised by the director, and any money realized or collected thereon, less the reasonable expenses of such realization or collection, shall be paid to such beneficiary, and be credited upon any future compensation which may become payable to such beneficiary by the United States on account of the same injury or death.
“(3) The bureau shall make all necessary regulations for carrying out the purposes of this section. For the purposes of computation only under this section the total amount of compensation due any beneficiary shall be deemed to be equivalent to a lump sum equal to the present value of all future payments of compensation computed as of the date of the award of compensation at four per centum, true discount, compounded annually. The probability of the beneficiary's death before the expiration of the period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality.
"A conditional beneficiary is any person who may become entitled to compensation under this article on or after the death of the injured person.
“ Nothing in this section shall be construed to impose any administrative duties upon the War or Navy Departments.”
SEC. 19. That section four hundred and one of said Act is hereby amended to read as follows:
• SEC. 401. That such insurance must be applied for within one hundred and twenty days after enlistment or after entrance into or employment in the active service and before discharge or resignation, except that those persons who are in the active war service at the time of the publication of the terms and condi. tions of such contract of insurance may apply at any time within one hundred and twenty days thereafter and while in such service. Any person in the active service on or after the sixth day of April, nineteen hundred and seventeen, who, while in such service and before the expiration of one hundred and twenty days from and after such publication, becomes or has become totally and permanently disabled, or dies, or has died, without having applied for insurance, shall be deemed to have applied for and to have been granted insurance, payable to such person during his life in monthly installments of $25
each. If he shall die either before he shall have received any of such monthly installments or before he shall have received two hundred and forty of such monthly installments, then $25 per month shall be paid to his widow from the time of his death and during her widowhood, or if there is no widow surviving him, then to his child or children, or if there is no child surviving him, then to his mother, or if there is no mother surviving him, then to his father, if and while they survive him: Provided, however, That not more than two hundred and forty of such monthly installments, including those received by such person during his total and permanent disability, shall be so paid. The amount of the monthly installments shall be apportioned between children as may be provided by regulations.”
SEC. 20. That section nineteen of this Act amending section four hundred and one 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, shall be deemed to be in effect as of October sixth, nineteen hundred and seventeen: Provided, That nothing herein shall be construed to interfere with the payment of monthly installments, authorized to be made under the provisions of said section four hundred and one as originally enacted, for the months up to and including June, nineteen hundred and eighteen: Provided further, That all awards of automatic insurance under the provisions of said section four hundred and one as originally enacted shall be revised as of the first day of July, nineteen hundred and eighteen, in accordance with the provisions of said section four hundred and one as amended by section nineteen of this Act.
SEC. 21. That section four hundred and two of said Act is hereby amended to read as follows:
“ Sec. 402. That the director, subject to the general direction of the Secretary of the Treasury, shall promptly determine upon and publish the full and exact terms and conditions of such contract of insurance. The insurance shall be payable only to a spouse, child, grandchild, parent, brother, or sister, and also during total and permanent disability to the injured person, or to any or all of them. The insurance shall be payable in two hundred and forty equal monthly installments. Provisions for maturity at certain ages, for continuous installments during the life of the insured or beneficiaries, or both, for cash, loan, paid up and extended values, dividends from gains and savings, and such other provisions for the protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and practicable, may be provided for in the contract of insurance, or from time to time by regulations. All calculations shall be based upon the American Experience Table of Mortality and interest at three and one-half per centum per annum, except that no deduction shall be made for continuous installments during the life of the insured in case his total and permanent disability continues more than two hundred and forty months. Subject to regulations, the insured shall at all times have the right to change the beneficiary or beneficiaries of such insurance without the consent of such beneficiary or beneficiaries, but only within the classes herein provided. If no beneficiary within the permitted class be designated by the insured, either in his lifetime or by his last will and testament, or if the designated beneficiary does not survive the insured, the insurance shall be payable to such person or persons within the permitted class of beneficiaries as would under the laws of the State of the residence of the insured be entitled to his personal property in case of intestacy. If no such person survive the insured, then there shall be paid to the estate of the insured an amount equal to the reserve value, if any, of the insurance at the time of his death, calculated on the basis of the American Experience Table of Mortality and three and one-half per centum interest in full of all obligations under the contract of insurance."
Approved, June 25, 1918.
[PUBLIC_No. 195—65TH CONGRESS.]
[H. R. 11048.]
AN ACT To amend the war-risk insurance Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress asscmbled, That the war-risk insurance Act is hereby amended by adding to such Act a new section, to be known as section two b, to read as follows:
“ SEC. 2b. That when it appears to the Secretary of the Treasury that vessels of foreign friendly flags, or their masters, officers, or crews, or shippers or importers in such vessels, are unable in any trade to secure adequate war-risk insurance on reasonable terms, the Bureau of War Risk Insurance, with the approval of the Secretary, is hereby authorized to make provisions for the insurance by the United States of (1) such vessels of foreign friendly flags, their freight and passage moneys, and personal effects of the masters, officers, and crews thereof against the risks of war when such vessels are chartered or operated by the United States Shipping Board or its agent, or chartered by any person a citizen of the United States, and (2) the cargoes to be shipped in such vessels of foreign friendly flags, whether or not they are so chartered. Such insurance on the vessel, however, is authorized only when the United States Shipping Board or its agent operates the vessel or the charterers are, by the terms of the charter party or contract with the vessel owners, required to assume the war risk or provide insurance protecting the vessel owners against war risk during the term of the charter or hire of the vessel.
“ The Bureau of War Risk Insurance, with the approval of the Secretary of the Treasury, is also hereby authorized to insure the masters, officers, and crews of vessels operated or chartered as aforesaid against the loss of life or personal injury by the risk of war and for compensation during the detention following capture by enemies of the United States, whenever it appears to the Secretary that the owners, operators, or charterers of such vessels are unable, in any trade, to secure such insurance on reasonable terms."
SEC. 2. That section five of the war-risk insurance Act is hereby amended to read as follows:
“ SEC. 5. That the Secretary of the Treasury is authorized to establish an advisory board, to consist of three members skilled in the practices of war-risk insurance, for the purpose of assisting the Bureau of War Risk Insurance in fixing rates of premium and in adjustment of claims for losses, and generally in carrying out the purposes of this Act; the compensation of the members of said board to be determined by the Secretary of the Treasury, but not to exceed $20 a day each while actually employed. He is likewise authorized to appoint two persons skilled in the practice of accident insurance for the purpose of assisting the Bureau of War Risk Insurance in the adjustment of claims for death, personal injury, or detention; the compensation of persons so appointed to be determined by the Secretary of the Treasury, but not to exceed $20 a day each while actually employed. In the event of disagreement as to the claim for losses, or amount thereof, between the said bureau and the parties to such contract of insurance, an action on the claim may be brought against the United States in the district court of the United States, sitting in admiralty, in the district in which the claimant or his agents may reside. The Secretary of the Treasury is, in his judgment, authorized to compromise the claim either before or after the institution of an action therein."
SEC. 3. That section nine of the war-risk insurance Act is hereby amended to read as follows:
“ Sec. 9. That the President is authorized whenever in his judgment the neeessity of further war insurance by the United States shall have ceased to exist to suspend the operation of this Act, in so far as the Division of Marine and Seamen's Insurance is concerned, which suspension shall be made in any event within six months after the end of the war, but shall not affect any insurance outstanding at the time or any claims pending adjustment. For the purpose of the final adjustment of any such outstanding insurance or claims, the Division of Marine and Seamen's Insurance may, in the discretion of the President, be continued in existence for a period not exceeding three years after such suspension.
“ The words ' end of the war'as used herein shall be deemed to mean the date of proclamation of exchange of ratification of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the end of the war' within the meaning of this Act."
Approved, July 11, 1918.
OFFICERS AND OTHERS IN THE SERVICE OF THE
I. EXEMPTED OFFICIALS.
The following are to be termed“ Officers, legislative, executive, and judicial, of the United States” for the purpose of classification in Class V.
A. FEDERAL EXECUTIVE OFFICES. 1. Executive Mansion.-Secretary to the President.
2. Department of State.-Secretary of State, Counselor for the Department of State, the Assistant Secretary of State, Second Assistant Secretary of State, Third Assistant Secretary of State, Solicitor, Ambassador, Minister, Minister Resident, secretaries in the Diplomatic Service, Agent-and-Consul-General, Consul General at Large, Diplomatic Agent, Consul General, Consul.
3. Treasury Department.-Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, Deputy Assistant Treasurer, Commissioner of Internal Revenue, Comptroller of the Treasury, Assistant Comptroller of the Treasury, Comptroller of the Currency, Surgeon General and other commissioned officers of the Public Health Service, Captain Commandant of the Coast Guard of the United States, Director of the Mint, Register of the Treasury, Assistant Register of the Treasury, Auditors for Departments, Assistant Treasurers, Collectors of Customs, Surveyors of Customs, General Appraisers of Merchandise, Appraisers of Merchandise, Assistant Appraisers of Merchandise, Special Examiners of Drugs, Medicines, and Chemicals, Collectors of Internal Revenue, Mint and Assay Officers, Federal Farm Loan Board.
4. War Department.--Secretary of War, Assistant Secretary of War, Second Assistant Secretary of War, Third Assistant Secretary of War, Board of Ordnance and Fortification, Mississippi River Commission.
5. Department of Justice.-Attorney General, Assistant to the Attorney General, Assistant Attorneys General, Solicitor General, United States District Attorneys, Solicitors for the Several Departments, Assistant Solicitors, United States Marshals.
6. Post Office Department. Postmaster General, Assistant Postmasters General, Purchasing Agent, postmasters at offices of the first, second, and third classes.
7. Navy Department.-Secretary of the Navy, Assistant Secretary of the Navy.
8. Department of the Interior.-Secretary of the Interior, First Assistant Secretary of the Interior, Assistant Secretary of the Interior, Commissioner of the General Land Office, Assistant Commissioner of the General Land Office, recorder of the General Land Office, Commissioner of Indian Affairs, Assistant Commissioner of Indian Affairs, Commissioner of Pensions, Deputy Commissioner of Pensions, Commissioner of Patents, First Assistant Commissioner of Patents, Assistant Commissioner of Patents, examiners in chief in the Patent Office, Commissioner of Education, Director of the Geological Survey, Director of the Bureau of Mines, Recorder of Deeds, Register of Wills, Registers of Land Office, Receivers of Public Moneys, Surveyors General, Governor of Alaska, Governor and Secretary of Hawaii, Superintendent for Five Civilized Tribes.
9. Department of Agriculture. — Secretary of Agriculture, Assistant Secretary of Agriculture, Chief of the Weather Bureau.
10. Department of Commerce. -Secretary of Commerce, Assistant Secretary of Commerce, Director of the Census, Chief of Bureau of Foreign and Domestic Commerce, Assistant Chief of Bureau of Foreign and Domestic Commerce, Director of the Bureau of Standards, Commissioner of Fish and Fisheries, Superintendent of the Coast and Geodetic Survey, Commissioner of Navigation, Supervising Inspector General Steamboat-Inspection Service, District Supervising Inspectors Steamboat-Inspection Service; Coast and Geodetic Survey: Hydrographic and geodetic engineers, junior hydrographic and geodetic engineers, aids.
11. Department of Labor.-Secretary of Labor, Commissioner General of Immigration, Commissioner of Labor Statistics, Chief of Children's Bureau, Commissioners of Immigration at the ports.
12. Presidential boards.-United States Board of Mediation and Conciliation, Commission of Fine Arts, Geographic Board, National Advisory Committee for Aeronautics.
13. Interstate Commerce Commission.—Commissioners.
14. Civil Service Commission. --- Commissioners (including President).
15. Federal Reserve Board.—Governor, Vice Governor, and Members.
16. Federal Trade Commission.-Chairman, Vice Chairman, and Commissioners.
17. Panama Canal.-Governor, Engineer of Maintenance, Engineer of Terminal Construction, Chief Health Officer.
18. Smithsonian Institution.-Secretary.
20. National Homes for Disabled Volunteers.-President of the Board, General Treasurer, Inspector General, and Governors of Branches.
21. Pan American Union. Director General. 29. Aircraft Board. Chairman and Members. 23. Capital Issues Committee.—Members. 24. Board of Charities of the District of Columbia.-Members.
25. United States Employee's Compensation Commission.Chairman and Members.
26. Commission on Industrial Relations.-Commissioners.
27. Librarian of Congress and Superintendent of the Library of Congress.