while in the performance of their duties, and for other purposes ", approved September 7, 1916, as amended. SEC. 32. The last sentence of section 9 of Public Law Numbered 2, Seventy-third Congress, is hereby repealed. SEC. 33. Service-connected money benefits payable to World War veterans under this title and Public Law Numbered 2, Seventythird Congress, shall be entitled "compensation "and not "pension". SEC. 34. This title shall take effect on the date of enactment of this Act, and no payments of any benefits conferred under the provisions of this title shall be made for any period prior to such date. SEC. 35. That notwithstanding the provisions of section 17 of title I of an Act entitled "An Act to maintain the credit of the United States Government", approved March 20, 1933, and section 20 of an Act entitled "An Act making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1934, and for other purposes", approved June 16, 1933, any claim for yearly renewable term insurance under the provisions of laws repealed by said section 17, wherein claim was duly filed prior to March 20, 1933, and on which maturity of the insurance contract had been determined by the Veterans' Administration prior to March 20, 1933, and where payments could not be made because of the provisions of the Act of March 20, 1933, or under the provisions of the Act of June 16, 1933, may be adjudicated by the Veterans' Administration, and any person found entitled to yearly renewable term insurance benefits claimed shall be paid such benefits in accordance with and in the amounts provided by such prior laws. SEC. 40. This Act may be cited as the "Independent Offices Appropriation Act, 1935." HENRY T. RAINEY Speaker of the House of Representatives. JNO. N. GARNER Vice President of the United States and President of the Senate IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, March 27, 1934. The House of Representatives having proceeded to reconsider the bill (H.R. 6663) entitled "An Act making appropriations for the Executive Office and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes ", returned by the President of the United States with his objections, to the House of Representatives, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: SOUTH TRIMBLE, Clerk. IN THE SENATE OF THE UNITED STATES, The Senate having proceeded to reconsider the bill (H.R. 6663) entitled "An Act making appropriations for the Executive Offices and sundry independent executive bureaus, boards, commissions, and offices, for the fiscal year ending June 30, 1935, and for other purposes ", returned by the President of the United States to the House of Representatives, in which it originated, with his objections, and passed by the House on a reconsideration of the same, it was RESOLVED, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: EDWIN A. HALSEY, Secretary. I certify that this Act originated in the House of Representatives. SOUTH TRIMBLE, Clerk. [PUBLIC-No. 484-73D CONGRESS] [H.R. 9936] AN ACT To compensate widows and children of persons who died while receiving monetary benefits for disabilities directly incurred in or aggravated by active military or naval service in the World War. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the surviving widow, child, or children of any deceased person who served in the World War before November 12, 1918, or if the person was serving with the United States military forces in Russia before April 2, 1920, who, while receiving or entitled to receive compensation, pension, or retirement pay for 30-per-centum disability or more directly incurred in or aggravated by service in the World War, dies or has died from a disease or disability not service connected and not the result of the person's own misconduct shall, upon filing application and such proofs in the Veterans' Administration as the Administrator of Veterans' Affairs may prescribe, be entitled to receive compensation: Provided, That the provisions of this Act shall not apply to any person during any year following a year for which such person was not entitled to exemption from the payment of a Federal income tax. SEC. 2. That the monthly rates of compensation shall be as follows: Widow but no child, $22; widow and one child, $30 (with $4 for each additional child); no widow but one child, $15; no widow but two children, $22 (equally divided); no widow but three children, $30 (equally divided) (with $3 for each additional child, total amount to be equally divided). The total compensation payable under this paragraph shall not exceed $56. Where such benefits would otherwise exceed $56 the 81746°-34- -2 amount of $56 may be apportioned as the Administrator of Veterans' Affairs may prescribe. SEC. 3. That as used in this Act(a) The term " person who served" shall mean a person, whether male or female, and whether commissioned, enlisted, enrolled, or drafted, who was finally accepted for active service in the military or naval forces of the United States, members of training camps authorized by law, and such other persons heretofore recognized by statute as having a pensionable status: (b) The term "widow" shall mean a person who was married to the veteran prior to July 3, 1931, and who has not remarried; (c) The term "child" shall mean a person unmarried and under the age of eighteen years, unless prior to reaching the age of eighteen the child becomes or has become permanently incapable of self-support by reason of mental or physical defect, who is a legitimate child, a child legally adopted, a stepchild if a member of the man's household, an illegitimate child, but, as to the father only, if acknowledged in writing signed by him or if he has been judicially ordered or decreed to contribute to such child's support, or has been judicially decreed to be the putative father of such child: Provided, That the payment of compensation shall be continued after the age of eighteen years and until completion of education or training (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 him and approved by the Administrator, which shall have agreed to report to the Administrator the termination of attendance of such child, and if any such institution of learning fails to make such report promptly the approval shall be withdrawn. SEC. 4. That the Administrator of Veterans' Affairs is authorized and directed to receive evidence and adjudicate claim for compensation under this Act when it is claimed that the veteran was 30 per centum or more disabled immediately prior to his death from disease or injury established to the satisfaction of the Veterans' Administration prior to date of death to have been directly incurred in or aggravated by service in the World War, although a determination of 30-per-centum disability or more had not been made by the Veterans' Administration prior to the veteran's death: Provided, That for the purpose of awarding compensation under the provisions of this Act, direct service connection of disability and degree thereof at date of death may be determined in any case where claim has been or is filed by the widow, child, or children of a deceased World War veteran, except that proof of 30-per-centum disability or more at date of death must be filed no later than 3 years after date of enactment of this Act or the date of death, whichever is the later, and evidence required in connection with any claim must be submitted in accordance with regulations prescribed by the President and/or the Administrator of Veterans Affairs. SEC. 5. That payment shall be effective from the date of enactment of this Act in all cases where death occurred prior to the date of enactment of this Act and in all other cases payment shall be made from the date the application of the widow, child, or children in the form prescribed by the Administrator of Veterans' Affairs, is filed in the Veterans' Administration: Provided, That a claim for pension or compensation under Public Law Numbered 2, Seventythird Congress, and the Veterans' Regulations, or Public Law Numbered 141, Seventy-third Congress, on account of death of a veteran from directly service-connected disability shall be accepted as a claim for benefits under this Act. Approved, June 28, 1934. EXECUTIVE ORDER 14 VETERANS REGULATION NO. 1 ENTITLEMENT TO PENSIONS WHEREAS, Section 1, Title I, of Public No. 2, 73rd Congress, entitled "An Act To maintain the credit of the United States Government," provides: 66 SEC. 1. That subject to such requirements and limitations as shall be contained in regulations to be issued by the President, and within the limits of appropriations made by Congress, the following classes of persons may be paid a pension: (a) Any person who served in the active military or naval service and who is disabled as a result of disease or injury or aggravation of a preexisting disease or injury incurred in line of duty in such service. (b) Any person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection, or the World War, and who is permanently disabled as a result of injury or disease: Provided, That nothing contained in this title shall deny a pension to a SpanishAmerican War veteran past the age of sixty-two years entitled to a pension under existing law, but the President may reduce the rate of pension as he may deem proper. (c) The widow, child, or children, dependent mother or father, of any person who dies as a result of disease or injury incurred or aggravated in line of duty in the active military or naval service. (d) The widow and/or child of any deceased person who served in the active military or naval service during the Spanish-American War, including the Boxer Rebellion and the Philippine Insurrection. (e) For the purpose of subparagraph (b) of this section, the World War shall be deemed to have ended November 11, 1918." NOW, THEREFORE, by virtue of the authority vested in me by said law, the following regulation is hereby promulgated: PENSIONS TO VETERANS AND THE DEPENDENTS OF VETERANS FOR DISABILITY OR DEATH RESULTING FROM ACTIVE MILITARY OR NAVAL SERVICE DURING THE SPANISH-AMERICAN WAR, BOXER REBELLION, PHILIPPINE INSURRECTION, AND/OR THE WORLD WAR. I. (a) For disability resulting from personal injury or disease contracted in line of duty, or for aggravation of a preexisting injury or disease contracted or suffered in line of duty, when such disability was 14 Canceled by Veterans Regulation No. 1 (a). incurred in or aggravated by active military or naval service during an enlistment or employment entered into on or after April 21, 1898, and before August 13, 1898, where the injury or disease was incurred or aggravated prior to July 5, 1902; or during an enlistment or employment where there was actual participation in the Philippine Insurrection on or after August 13, 1898, and before July 5, 1902; provided, however, that if the person was serving with the United States military forces engaged in the hostilities in the Moro Province the dates herein stated shall extend to July 15, 1903; or during enlistment or employment where there was actual participation in the Boxer Rebellion on or after June 20, 1900, and before May 13, 1901; or during an enlistment or employment entered into on or after April 6, 1917, and before November 12, 1918, where the disease or injury was incurred prior to July 2, 1921; provided, however, if the person was serving with the United States military forces in Russia the dates herein shall be extended to April 1, 1920; or where such disability was incurred in or aggravated by active military or naval service during an enlistment or employment where there was active service in the Spanish-American War, or actual participation in the Boxer Rebellion, or Philippine Insurrection, or active service in the World War during the dates specified, the United States will pay to any person thus disabled and who was honorably discharged a pension as hereinafter provided but no pension shall be paid if the disability is the result of the person's own misconduct. (b) That for the purposes of paragraph I (a) hereof every person employed in the active military or naval service for 90 days or more, shall be taken to have been in sound condition when examined, accepted and enrolled for service except as to defects, infirmities or disorders noted at the time of the examination, acceptance and enrollment, or where evidence, or medical judgment is such as to warrant a finding that the injury or disease existed prior to acceptance and enrollment. (c) That for the purposes of paragraph I (a) hereof a chronic disease becoming manifest to a degree of 10% or more within one year from the date of separation from active service as set forth therein shall be considered to have been incurred in or aggravated by service as specified therein notwithstanding there is no record of evidence of such disease during the period of active service; provided the person suffering from such disease served 90 days or more in the active service as specified therein; provided, however, that-Where there is affirmative evidence to the contrary, or evidence to establish that an intercurrent injury or disease which is a recognized cause of such chronic disease, has been suffered between the date of discharge and the onset of the chronic disease, or the disability is due to the person's own misconduct, service connection will not be in order. (d) That for the purposes of paragraph I (a) hereof a preexisting injury or disease will be considered to have been aggravated by active military service as provided for therein where there is an increase in disability during active service unless there is a specific finding that the increase in disability is due to the natural progress of the disease. |