amendments

amendments Sec. 2201. The following provisions of law are amended as follows: (1) Section 441 of the Revised Statutes of the United States (5 U. S. C., sec. 485), is amended by striking out “Pensions and bounty-lands” and inserting “Bounty-lands”. (2) Clause (2) of subsection (b) of section 3 of the Civil Service Retirement Act is amended by striking out “during an enlistment or employment as provided in Veterans Regulation Numbered 1 (a), part I, paragraph I” and inserting in lieu thereof “during a period of war (as that term is used in Title III of the Veterans’ Benefits Act of 1957)”. 71 Stat. 158 (3) Section 3 of the World War Veterans’ Act, 1924 ( 38 U. S. C., sec. 424), is amended by striking out “Titles II, ill, and IV of”. (4) Section 19 of the World War Veterans’ Act, 1924 (38 U. S. C., sec. 445), is amended by adding at the end thereof the following new paragraph: “Whenever a judgment or decree shall be rendered in an action brought pursuant to this section or section 617 of the National Service Life Insurance Act of 1940 (38 U. S. C., sec. 817), the court, as a part of its judgment or decree, shall determine and allow reasonable fees for the attorneys of the successful party or parties and apportion same if proper, said fees not to exceed 10 percent of the amount recovered and to be paid by the Veterans’ Administration out of the payments to be made under the judgment or decree at a rate not exceeding one-tenth of each of such payments until paid; except that in a suit brought by or on behalf of an insured during his lifetime, for waiver of premiums on account of total disability, the court, as part of its judgment or decree, shall determine and allow a reasonable fee to be paid by the insured to his attorney.” (5) Section 23 of the World War Veterans’ Act, 1924 (38 U. S. C., sec. 447), is amended (A) by striking out all beginning with “The” through “no compensation or insurance” and inserting “No insurance”, and (B) by striking out “: Provided further, That the discharge of a person for having concealed the fact that he was a minor at the time of his enlistment shall not bar him from the benefits of this Act if his service was otherwise honorable”. (6) Section 24 of the World War Veterans’ Act, 1924 (38 U. S. C., sec. 448), is amended by striking out “he or those entitled thereto shall receive the benefits of compensation payable under Title II; and”. (7) Section 25 of the World War Veterans’ Act, 1924 (38 U. S. C., sec. 452), is amended by striking out “Titles II and” and inserting “Title”. (8) Section 26 of the World War Veterans’ Act, 1924 (38 U. S. C., sec. 451), is amended by striking out “of compensation, yearly renewable term insurance, or accrued maintenance and support allowance which has become payable under the provisions of Titles II, III, or IV hereof” and inserting “of yearly renewable term insurance which has become payable under the provisions of this Act”. (9) Section 27 of the World War Veterans’ Act, 1924 (38 U. S. C., sec. 452), is amended by striking out “compensation and”. (10) 10) Section 28 of the World War Veterans’ Act, 1924 (38 U. S. C., sec. 453), is amended by inserting immediately after “recovery of payments” the following: “of insurance under this Act”. (11) Subsection (b) of section 212 of the Act of June 30, 1932 (47 Stat. 406; 5 U. S. C., sec. 59a), is amended by striking out “an enlistment or employment as provided in Veterans Regulation Numbered 1 (a), part I, paragraph I” and inserting in lieu thereof “a period of war ( as that term is used in title III of the Veterans’ Benefits Act of 1957)”. (12) Part VII of Veterans Regulation Numbered 1 (a) is amended (1) by striking out “honorably discharged therefrom” in paragraph 1. thereof and inserting “discharged or released therefrom under conditions other than dishonorable”; (2) by striking out “section 1503 of the Servicemen’s Readjustment Act of 1944 (38 U. S. C. 697c)” in subparagraph (b) of such paragraph and inserting “this paragraph”; (3) by striking out “207 of the Legislative Reorganization Act of 1946, as amended (5 U. S. C. 191a)” and inserting “1552 of title 10 of the United States Code” and (4) by adding at the end of such part the following: 71 Stat. 159 “10. If a veteran is not living with his wife, or if any of his children are not in his custody, any subsistence allowance payable to the veteran under this part or part VIII may be apportioned as may lie prescribed by the Administrator. “11. Terms used in this part and part VIII shall have the meanings assigned to them by section 101 of the Veterans’ Benefits Act of 1957. Effective dates relating to awards under this part and part VIII shall, to the extent feasible, correspond to the effective dates relating to awards of disability compensation under title IX of such Act.” (13) Section 616 of the National Service Life Insurance Act of 1940 (38 U. S. C., sec. 816) is amended by striking out “The” and all that follows down through “That assignments” and inserting in lieu thereof “Assignments”. (14) Section 617 of the National Service Life Insurance Act of 1940 (38 U. S. C., sec. 817) is amended by striking out “sections 19 and 500” and inserting “section 19”. (15) The first proviso in section 301 of the Servicemen’s Readjustment Act of 1944 (38 IT. S. sec. 693h) is amended by striking out “section 200 of the Act of June 29, 1936 (Public Law Numbered 844, Seventy-fourth Congress)” and inserting “title XVI of the Veterans’ Benefits Act of 1957”. (16) Section 1503 of the Servicemen’s Readjustment Act of 1944 (38 U. S. C., sec. 697c) is amended by striking out “or Public Law Numbered 2, Seventy-third Congress, as amended”. (17) Section 60b of the Federal Employees’ Pay Act of 1945 (5 U. S. C., sec. 948) is amended by striking out “paragraph II (a) of part III of Veterans Regulation Numbered 1 (a), as amended and inserting “section 422 of the Veterans’ Benefits Act of 1957”. (18) The paragraph beginning “Finance Service, Army” under Title II of the Act of May 27, 1946 (60 Stat. 223) is amended by striking out the semicolon at the end of paragraph (4) and inserting a period, and by striking out paragraphs (5) and (6) and the provisos immediately following such paragraph (6). (19) Section 8 of the Act of August 4, 1947 (61 Stat. 728: 5 U. S. C., sec. 1057), is amended by striking out “the Act of January 3, 1946 (Public Law 293. Seventy-ninth Congress)” and inserting in lieu thereof “title XIV of the Veterans’ Benefits Act of 1957”. (20) Paragraph (3) of section 202 of the Classification Art of 1949 (63 Stat. 955; 5 U. S. C., sec. 1082) is amended by striking out “Public Law 293. Seventy-ninth Congress, approved January 3, 1946” and inserting “title XIV of the Veterans’ Benefits Act of 1957”. (21) Paragraph (3) of subsection (b) of section 2 of the Performance Rating Act of 1950 (64 Stat. 1098; 5 IT. S. C., sec. 2001) is amended by striking out “Public Law 293, Seventy-ninth Congress, approved January 3, 1946” and inserting in lieu thereof “title XIV of the Veterans’ Benefits Act of 1957”. (22) The Act of December 28, 1950 (64 Stat. 1121; 38 IT. S. C., sec. 701a). is amended (1) by striking out “part I, Veterans Regulation Numbered 1 (a), as amended” and inserting in lieu thereof “part B of title III of the Veterans’ Benefits Act of 1957”; (2) by striking out “section 1503 of the. Servicemen’s Readjustment Act of 1944 ( 38 U. S. C. 697c)” and inserting “paragraph 1 of part VII of Veterans Regulation Numbered 1 (a)”: and (3) by striking out “207 of the Legislative Reorganization Act of 1946, as amended (5 V. S. C. 191a)” and inserting in lieu thereof “1552 of title 10 of the United States Code”. (23) Paragraph (5) of section 201 of the Veterans’ Readjustment Assistance Act of 1952 (38 U. S. C., sec. 911) is amended by striking out “paragraph VI of Veterans Regulation Numbered 10, as amended” 71 Stat. 160 and “paragraph VII of Veterans Regulation Numbered 10, as amended” and inserting in lieu of each “section 101 of the Veterans’ Benefits Act of 1957”. (24) Subsection (a) of section 261 of the Veterans’ Readjustment Assistance Act of 1952 (38 U. S. C., sec. 971) is amended by striking out all beginning with “The Administrator” through “payments” and inserting “Payments”. (25) Paragraph (18) of section 121 (a) of the Internal Revenue Code of 1954 is amended to read as follows: “(18) Benefits under laws administered by the Veterans’ Administration, see section 1001 of the Veterans Benefits Act of 1957.” (26) Paragraph (8) of section 102 of the War Orphans’ Educational Assistance Act of 1956 (38 U. S. C., sec. 1032) is amended by striking out “section 21 of the World War Veterans Act, 1924, as amended (38 U. S. C., sec. 450),” and inserting in lieu thereof “section 1502 of the Veterans’ Benefits Act of 1957,”. (27) Subsection (a) of section 501 of the War Orphans’ Educational Assistance Act of 1956 (38 U. S. C., sec. 1033), is amended by striking out all beginning with “The Administrator” through “payments” and inserting “Payments”. (28) Subsection (a) of section 502 of the War Orphans’ Educational Assistance Act of 1956 (38 U. S. C., sec. 1034), is amended by inserting immediately after “compensation” each time it occurs the following: “, dependency and indemnity compensation,”. (29) Paragraph (7) of section 102 of the Servicemen’s and Veterans’ Survivor Benefits Act (38 U. S. C., sec. 1101) is amended to read as follows: “(7) Except for purposes of title IV, the terms ‘child’ and ‘parent’ have the meanings assigned to them by section 101 of the Veterans’ Benefits Act of 1957.” (30) (A) Subsection (a) of section 209 of the Servicemen’s and Veterans’ Survivor Benefits Act (38 U. S. C., sec. 1119) is amended by striking out the second and third sentences. (B) Such section is further amended by striking out subsections (b) and (f). (31) (A) Chapter 61 of title 10 of the United States Code is amended by inserting at the end thereof the following: “§ 1218. Explanation of rights before discharge “(a) No person may be discharged or released from active duty in the Armed Forces until his certificate of discharge or release from active duty and his final pay (or a substantial portion of his final pay) are ready for delivery to him or to his next of kin or legal representative. “(b) No person may be discharged or released from active duty in the Armed Forces on account of disability until he has executed (or refused to execute) a claim for compensation, pension, or hospitalization, to be filed with the Veterans’ Administration, or has signed (or refused to sign) a statement that he has had explained to him his right to file such claim. Refusal or failure to file such a claim shall not prejudice any right such person may thereafter assert. “(c) This section does not preclude the immediate transfer of any person to a Veterans’ Administration facility for necessary hospital care. “§ 1219. Statement against interest void “No person in the Armed Forces may be required to sign a statement of any nature relating to the origin, incurrence, or aggravation of any disease or injury he may have. Any such statement against his own interest, whenever signed, is of no force and effect. 71 Stat. 161 “§ 1220. Location of accredited representatives at military installations “(a) Upon certification to the Secretary concerned by the Administrator of Veterans’ Affairs of paid full-time accredited representatives of organizations specified in section 1602 of the Veterans’ Benefits Act of 1957 and other national organizations recognized by the Administrator under laws administered by the Veterans’ Administration, the Secretary concerned shall permit the functioning, in accordance with regulations prescribed to carry out the purposes of this section, of such accredited representatives in military installations on shore from which persons are discharged or released from active duty. “(b) Regulations necessary to carry out the purposes of this section in effect on January 1, 1958, shall remain in effect until changed by the Secretary concerned, acting jointly with the Administrator. “(c) The commanding officer of each military installation shall cooperate fully with representatives authorized under this section in providing available space and equipment for such representatives. “(d) Nothing in this section affects measures of military security.” (B) The analysis of such chapter 61 is amended by inserting immediately below “1217. Cadets, midshipmen, and aviation cadets: chapter does not apply to.” the following: “1218. Cadets, midshipmen, and aviation cadets: chapter does not apply to.” “1219. Statement against interest void. “1220. Location of accredited representatives at military Installations.” (C) Chapter 561 of title 10 of the United States Code is amended by adding at the end thereof the following: “§ 6159. Half rating to disabled naval enlisted personnel serving twenty years “(a) There shall be paid to every person who, from age or infirmity, is disabled from sea service, but who has served as an enlisted man or petty officer, or both, in the Navy or Marine Corps for twenty or more years, and has not been discharged for misconduct, at his election, in lieu of being provided with a home in the. Naval Home, Philadelphia, a pension equal to one-half the pay of his rating at the time of his discharge, payable monthly. “(b) Applications for pension under this section shall be made to the Secretary of the Navy. If he is satisfied that the applicant is entitled to pension, he shall so certify to the Administrator, who shall pay naval pension to the applicant. “§ 6160. Pension to persons serving ten years “(a) Every disabled person who has served in the Navy or Marine Corps as an enlisted man or petty officer, or both, for ten or more years, and has not been discharged for misconduct, may apply to the Secretary of the Navy for aid. “(b) Upon receipt of an application under subsection (a), the Secretary of the Navy may convene a board of not less than three naval officers (one of whom shall be a surgeon) to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time. If the Secretary of the Navy approves the recommendation, he shall so certify to the Administrator of Veterans’ Affairs, who shall pay a pension in such amount monthly to the applicant. “(c) No naval pension under this section shall be paid at a rate in excess of the rate payable to a veteran of World War I for permanent and total non-service-connected disability, unless the applicant’s dis- 71 Stat. 162 ability is service-connected, in which case the naval pension payable to him shall not exceed the rate of disability compensation payable for total disability to a veteran of any war, or of peacetime service, as the case may be.” (D) The analysis of such chapter 561 is amended by inserting immediately below “6158. Exemption from arrest for debt; enlisted members of Marine Corps.” the following: “6159. Half rating to disabled naval enlisted personnel serving twenty years. “6160. Pension to persons serving ten years.”