07509. Thore Thoreson, June 17, 1912, N. SW. 1, SW. SW. sec. 11, T. 154 N., R. 39 W., relinquished October 10, 1913.

07510. Lauris Olson, lots 1, 2, S. NE.sec. 1, T. 154 N., R. 40 W.

07989. Mark Carmickle, May 20, 1912, NE. sec. 13, T. 154 N., R. 39 W., patented February 24, 1916.

08038. Olaf Nelson, May 29, 1912, NE. sec. 36, T. 153 N., R. 39 W. 08129. Otto Anderson, June 15, 1912, SW.

NE. sec. 3, T. 152 N., R. 39 W., patented. 08235. Ole Klungland, June 29, 1912, SW. sec. 36, T. 153 N., R. 39 W., patented. 08282. Knute Tollefson, July 15, 1912, SW. SE. sec. 21, T. 153 N., R. 39 W. 08756. Johan Erikson Udstrand, December 23, 1912, SW. NE. sec. 28, T. 154 N., R. 39 W., patented.

08868. Hans Hogquist, S. NE. sec. 4, T. 152 N., R. 39 W., patented. 011669. William Causin, SW. sec. 26, T. 153 N., R. 41 W.

The bill as introduced by you and the modification suggested by this department in its report dated January 24, 1917, will not cover the 13 homestead entries described above, for the reason that said bill and the suggested amendment refers specifically to entries allowed under the act approved May 20, 1908 (35 Stat., 169). In order to include said 13 entries within the relief intended to be given by said bill, there should be omitted therefrom all reference to said act of May 20, 1908. If the bill is thus amended, it will cover both the entries allowed under the act of May 20, 1908, and those under the act of February 16, 1911.

65th CONGRESS, HOUSE OF REPRESENTATIVES. REPORT 2d Session.

AMENDING THE ACT CREATING THE BUREAU OF WARRISK INSURANCE.

MAY 17, 1918.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. RAYBURN, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT.

[To accompany S. 4482.]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (S. 4482) to amend an act entitled "An act to authorize the establishment of a Bureau of War-Risk Insurance in the Treasury Department," approved September 2, 1914, as amended, having considered the same, report thereon with amendment, and as so amended recommend that it pass.

Amend the bill as follows:

Strike out all after the enacting clause and inser; in lieu thereof the following:

That 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. For the purpose of Articles II and IV only, the term 'parent' shall include also a person who has stood in loco parentis to the enlisted person for a period of not less than five years next preceding October sixth, nineteen hundred and seventeen, or the person's enlistment or entrance into or employment in active service in the military or naval forces."

SEC. 2. That section twenty-three of said Act is hereby amended to read as follows: "SEC. 23. That when, by the terms of Articles III and IV, any payment is to be made to a minor, other than a person who is or has been in the military or naval forces of the United States, or to a person mentally incompetent, such payment shall be made to the person who is constituted guardian or curator by the laws of the State or residence of the claimant, but when, by the terms of Article II, payment is to be made to such a minor or mental incompetent, such payment shall be made to the person who is constituted guardian or curator by the laws of the State or residence of the claimant or, if there is no guardian or curator, to some person who is otherwise legally vested with the responsibility or care of the claimant and who is, in the opinion of the bureau, a suitable person to receive such payment."

SEC. 3. 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

H R-65-2-vol 2—21

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 or a conscientious objector 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. 4. That section two hundred 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, 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. 5. That the second and third paragraphs of section two hundred and one of such 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, 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."

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

(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;

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(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—

"(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 such Act is hereby amended to read as follows:

"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 allowance 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 such 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 conditions existing on the first day of the month."

SEC. 9. That sections four, five, 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 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 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."

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:

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(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.

"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.''